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Articles ix, x, xi, xii and xvii

Articles ix, x, xi, xii and xvii. Constitutional Law Silliman University College of Law. Article ix The Constitutional commissions. COMMISSION ON AUDIT CIVIL SERVICE COMMISSION COMMISSION ELECTIONS. ARE THEY INDEPENDENT?. SECTION 1, ARTICLE IX

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Articles ix, x, xi, xii and xvii

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  1. Articles ix, x, xi, xii and xvii Constitutional Law Silliman University College of Law

  2. Article ixThe Constitutional commissions • COMMISSION ON AUDIT • CIVIL SERVICE COMMISSION • COMMISSION ELECTIONS

  3. ARE THEY INDEPENDENT? • SECTION 1, ARTICLE IX • SALARY IS FIXED BY LAW AND NOT DECREASED DURING THEIR TERM • FISCAL AUTONOMY • CAN PROMULGATE ITS OWN RULES CONCERNING PLEADINGS AND PRACTICE

  4. Can Congress abolish the Constitutional Commissions? NO, their creation is guaranteed by the constitution

  5. Civil service commission • Chairman and 2 Commissioners • Natural-born citizens • 35 years of age • Proven capacity for public administration • Not candidates in preceding election • Term: 7 (Chair), 5 and 3 years (members) • Appointment: President with confirmation of Commission on Appointments • No reappointment, no temporary capacity

  6. coverage • All branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned and controlled corporations

  7. powers • Appointments according to merit and fitness • Removal or suspension according to law • No electioneering or partisan political activity • Right to self-organization • Right to a union for rank and file, no right to strike • Standardization of compensation

  8. Regulations on elective officials • Appointment of candidates who lost in the elections: 1 year after the election • Elective officials cannot concurrently hold appointive positions • No double remuneration for election officials, except pensions and gratuities

  9. cases • Brillantes vs. Yorac, G.R. 93887, December 19, 1990 • Aratuc vs Comelec, 88 SCRA 251 • UP vs. Regino, G.R. 88167, May 3, 1993

  10. Commission on elections • Chairman and 6 Commissioners • Natural-born citizens • 35 years of age • Holder of a college degree • Majority must be members of the IBP • Not candidates in preceding election • Term: 7 (Chair),7 (3 members) 5 (2 members) and 1 year (1 member) • Appointment: President with confirmation of Commission on Appointments • No reappointment, no temporary capacity

  11. Powers and functions • Enforce and administer all laws as regards the conduct of elections • Exercise original jurisdiction over all contests relating to elections for the regional, provincial and city officials and appellate jurisdiction over municipal and barangay officials decided by municipal courts • Decide the number and location of all polling places, appointment of election officials and registration of voters • Deputize armed forces for elections

  12. Register political parties • File petitions for exclusion or inclusion of voters, investigate violations of election laws • Recommend to Congress measures to minimize election spending • Recommend to the President the removal of any officer or employee deputized • Submit to the President and Congress a comprehensive report of each election, plebiscite, initiative, referendum or recall • Section 4: During the election period, supervise the grant of franchise for operation of transportation and other public utilities

  13. Other provisions • Comelec may sit en banc or in two divisions • Can promulgate its own rules of procedure • All pardons on election of offenses should be with recommendation of Comelec • Votes for a party-list shall only be counted if registered with Comelec • Free and open party system • Election period: 90 days before election day

  14. Commission on audit • Chairman and 2 Commissioners • Natural-born citizens • 35 years of age • Certified public accountant with 10 years auditing experience • Members of the IBP with 10 years experience • Not candidates in preceding election • Term: 7 (Chair),5 (1 member) 3 (1 member) • Appointment: President with confirmation of Commission on Appointments • No reappointment, no temporary capacity

  15. powers • Post-audit • Constitutional bodies, commissions and offices granted fiscal autonomy • Autonomous colleges and universities • Other GOCCs and subsidiaries • NGOs receiving subsidy from government, directly or indirectly • Pre-audit • If the internal control system of the audited agencies is inadequate • EXCLUSIVE AUTHORITY: define the scope of its audit, establish techniques and methods, promulgate accounting rules and regulations

  16. NOTE NO LAW SHALL BE PASSED EXEMPTING AN ENTITY OF GOVERNMENT FROM AUDIT

  17. ARTICLE 10LOCAL GOVERNMENT • Enactment of a Local Government Code • President shall exercise general supervision over local governments • Term: 3 years • Division, creation, merger, abolition: original power to Congress with a plebiscite on all affected areas • Mama-o vs. Carague, G.R. No. 89965, Nov 19, 1989 • Establishment of ARMM and CAR

  18. Article xiaccountability • A public office is a public trust • Impeachable Officials • President • Vice-President • Members of the ConCommissions • Justices of SC • Ombudsman • Sandiganbayan: for offenses of public officials with a penalty of less than 6 years and in relation to office • Ombudsman: above 6 years and in relation to office

  19. impeachment

  20. Prohibitions on public officials • Unlawful acquisition of state properties • No loan grant for a business where he or she has interest • Declaration of Assets and Liabilities annually • Allegiance to the State at all times

  21. Article xiinational economy and partimony • Regalian Doctrine: All lands of the public domain belong to the State • More equitable distribution of national wealth • TYPES OF LANDS OF THE PUBLIC DOMAIN • AGRICULTURAL • FOREST OR TIMBER • MINERAL LANDS • NATIONAL PARKS

  22. CORPORATIONS: CAN HOLD PUBLIC LANDS BY LEASE FOR 25 YEARS FOR 1,000 H • Citizens: Lease for 500 hectares and acquire 12 hectares by homestead or grant • SECTION 7 • Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations or associations qualified to acquire or hold lands of the public domain • Operation of public utility: 60-40 • Practice of all professions: Filipino citizens • No monopolies of trade

  23. Other articles • ARTICLE XIII SOCIAL JUSTICE AND HUMAN RIGHTS • ARTICLE XIV EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS • ARTICLE XV THE FAMILY • ARTICLE XVI GENERAL PROVISIONS

  24. ARTICLE XVIIAMENDMENTS/REVISIONS • How undertaken? Congress • ¾ of vote of all members of Congress • Constitutional Convention • Vote of 2/3 • Majority vote: submit for plebiscite People -petition of at least 12% of total registered voters, each legislative district represent by 3% of all its registered voters • When? Once every five years

  25. Other requirements • Amendment or revision must be ratified by majority of electorate in a plebiscite not later than 60 days after approval

  26. Article XVIII TRANSITORY PROVISIONS

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