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Article 9 PDF

Philippines constitution

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0% found this document useful (0 votes)
18 views50 pages

Article 9 PDF

Philippines constitution

Uploaded by

Laury Nicole
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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TODAY, WE'LL LEARN ABOUT...

COMMON PROVISIONS

SECTION 1
The Constitutional Commissions, which shall be independent, are
the Civil Service Commission, the
Commission on Elections, and the Commission on Audit.
SECTION 2
*No Member of a Constitutional Commission shall, during his tenure, hold any other office or
employment. Neither shall he engage in the practice of any profession or in the active
management or control of any business which in any way be affected by the
functions of his office, nor shall he be financially interested, directly or indirectly, in any
contract with, or in any franchise or privilege granted by the Government, any of its
subdivisions, agencies, or instrumentalities, including government-owned or controlled
corporations or their subsidiaries
SECTION 3
The salary of the Chairman and the Commissioners shall be fixed
by law and shall not be decreased during their tenure.
SECTION 4

The Constitutional Commissions shall appoint their officials and employees


in accordance with law.
SECTION 5

The Commission shall enjoy fiscal autonomy. Their approved


annual appropriations shall be automatically and regularly
released.
SECTION 6
Each Commission en banc may promulgate its own rules
concerning pleadings and practice before it or
before any of its offices. Such rules, however, shall not
diminish, increase, or modify substantive rights.
SECTION 8
Each Commission shall perform such other functions
as may be provided by law.
CIVIL SERVICE COMMISSION
SECTION 1
The civil service shall be administered by the Civil Service Commission, which shall be
composed of a Chairman and two Commissioners who must be natural-
born citizens of the Philippines, at least thirty-five years of age at the time of their
appointment, with proven capacity for public administration, and who must not have
been candidates for any elective position in the elections immediately preceding their
appointment.
SECTION 2
The civil service embraces all branches, subdivisions, instrumentalities, and agencies
of the Government, including government-owned or controlled corporations with
original charters

Appointments in the civil service shall be made only according to merit and fitness to
be determined, as far as practicable, and, except to positions which are policy-
determining, primarily confidential, or highly technical, by competitive examination.

No officer or employee of the civil service shall be removed or suspended except for
cause provided by law.
SECTION 3
The Civil Service Commission, as the central personnel agency of the
Government, shall establish a career service and adopt measures to promote
morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in
the civil service. It shall strengthen the merit and
rewards system, integrate all human resources development programs for all
levels and ranks, and institutionalize a management climate
conducive to public accountability. It shall submit to the President and the
Congress an annual report on its personnel programs.
SECTION4
All public officers and employees shall take an oath or affirmation to
uphold and defend this Constitution.
SECTION5

The Congress shall provide for the standardization of compensation of


government officials and employees, including those in
government-owned or controlled corporations with original
charters, taking into account the nature of the responsibilities pertaining
to, and the qualifications required for, their positions.
SECTION 6
No candidate who has lost in any election shall,
within one year after such election, be appointed to
any office in the Government or any
Government-owned or controlled corporations or in
any of their subsidiaries.
Unless otherwise allowed
by law or by the
primary functions of his
position, no
SECTION7 appointive
official shall
hold any other office or employment in the
No elective official shall beGovernment or any eligible for
appointment orsubdivision, agency or
designation in any capacity toinstrumentality any public office
or positionthereof, including during his tenure. Government-owned or
controlled corporations or
their subsidiaries
SECTION 8
THE COMMISSION ON
ELECTIONS
SECTION1
There shall be a Commission on Elections composed of a Chairman and six
Commissioners who shall be natural-born citizens of the Philippines and, at the time
of their appointment, at least thirty-five years of age, holders of a college degree,
and must not have been candidates for any elective positions in the immediately
preceding elections. However, a majority thereof, including the Chairman, shall be
members of the Philippine Bar who have been engaged in the practice of law for at
least ten years.

The Chairman and the Commissioners shall be appointed by the President with the
consent of the Commission on Appointments for a term of seven years without
reappointment. Of those first appointed, three Members shall hold office for seven
years, two Members for five years, and the last Members for three years, without
reappointment. Appointment to any vacancy shall be only for the unexpired term of
the predecessor. In no case shall any Member be appointed or designated in a
temporary or acting capacity.
SECTION2

The Commission on Elections shall exercise the following


powers and functions
SECTION2
Enforce and administer all laws and regulations relative to the conduct of an
election, plebiscite, initiative, referendum, and recall.

Exercise exclusive original jurisdiction over all contests relating to the elections,
returns, and qualifications of all elective regional, provincial, and city officials, and
appellate jurisdiction over all contests involving elective municipal officials decided
by trial courts of general jurisdiction, or involving elective barangay officials decided
by trial courts of limited jurisdiction.

Decide, except those involving the right to vote, all questions affecting elections,
including determination of the number and location of polling places, appointment
of election officials and inspectors, and registration of voters.
SECTION2
Decide, except those involving the right to vote, all questions affecting elections,
including determination of the number and location of polling places,
appointment of election officials and inspectors, and registration of voters.

Register, after sufficient publication, political parties, organizations, or coalitions


which, in addition to other requirements, must present their platform or program of
government; and accredit citizens' arms of the Commission on Elections. Religious
denominations and sects shall not be registered. Those which seek to achieve their
goals through violence or unlawful means, or refuse to uphold and adhere to this
Constitution, or which are supported by any foreign government shall likewise be
refused registration.

File, upon a verified complaint, or on its own initiative, petitions in court for inclusion
or exclusion of voters; investigate and, where appropriate, prosecute cases of
SECTION2
violations of election laws, including acts or omissions constituting election frauds,
offenses, and malpractices.

Recommend to the Congress effective measures to minimize election spending,


including limitation of places where propaganda materials shall be posted, and to
prevent and penalize all forms of election frauds, offenses, malpractices, and
nuisance candidacies.

Recommend to the President the removal of any officer or employee it has


deputized, or the imposition of any other disciplinary action, for violation or
disregard of, or disobedience to, its directive, order, or decision

Submit to the President and the Congress, a comprehensive report on the conduct
of each election, plebiscite, initiative, referendum, or recall.c
SECTION 3

The Commission on Elections may sit en banc or in two divisions, and


shall promulgate its rules of procedure in order to expedite disposition of
election cases, including pre- proclamation controversies. All such
election cases shall be heard and decided in division, provided that
motions for reconsideration of decisions shall be decided by the
Commission en banc.
SECTION 4
he Commission may, during the election period, supervise or regulate the
enjoyment or utilization of all franchises or permits for the operation of
transportation and other public utilities, media of communication or information, all
grants, special privileges, or concessions granted by the Government or any
subdivision, agency, or instrumentality thereof, including any government-owned
or controlled corporation or its subsidiary. Such supervision or regulation shall aim to
ensure equal opportunity, and equal rates therefor, for public information
campaigns and forums among candidates in connection with the objective of holding free,
orderly, honest, peaceful, and credible elections.
SECTION5
No pardon, amnesty, parole, or suspension of sentence for
violation of election laws, rules, and regulations shall be granted by
the
President without the favorable recommendation of the Commission.
SECTION6
A free and open party system shall be allowed to evolve
according to the free choice of the people, subject to the
provisions of this Article.
SECTION7

No votes cast in favor of a political party, organization, or


coalition shall be valid, except for those registered
under the party-list system as provided in this
Constitution.
SECTION8

Political parties, or organizations or coalitions registered under


the party-list system, shall not be represented in the voters'
registration boards, boards of election inspectors,
boards of canvassers, or other similar bodies. However, they
shall be entitled to appoint poll watchers in accordance with
law.
SECTON 9

Unless otherwise fixed by the Commission in special cases, the


election period shall commence ninety days before the day of
election and shall end thirty days thereafter.
SECTION 10

Bona fide candidates for any public office shall be free from
any form of harassment and discrimination.
SECTION 11
Funds certified by the Commission as necessary to defray the expenses for
holding regular and special elections, plebiscites, initiatives, referenda, and
recalls, shall be provided in the regular or special appropriations and, once
approved,
shall be released automatically upon certification by the Chairman of the
Commission.
SECTION 1
There shall be a Commission on Audit composed of a Chairman and two Commissioners,
who shall be natural-born citizens of the Philippines and, at the time of their appointment, at
least thirty-five years of age, Certified Public Accountants with not less than ten years of
auditing
experience, or members of the Philippine Bar who have been engaged in the practice of law
for at least ten years, and must not have been candidates for any elective position in the
elections immediately preceding their appointment. At no time shall all Members of the
Commission belong to the same profession.

The Chairman and the Commissioners shall be appointed by the President with the consent
of the Commission on Appointments for a term of seven years without reappointment. Of
those
first appointed, the Chairman shall hold office for seven years, one Commissioner for five
years, and the other Commissioner for three years, without reappointment. Appointment to
any
vacancy shall be only for the unexpired portion of the term of the predecessor. In no case
shall any Member be appointed or designated in a temporary or acting capacity.
SECTION 2
The Commission on Audit shall have the power, authority, and duty to examine, audit, and
settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds
and property, owned or held in trust by, or pertaining to, the Government, or any of its
subdivisions, agencies, or instrumentalities, including government-owned or controlled
corporations with original charters, and on a post- audit basis:
(a) constitutional bodies, commissions and offices that have been granted fiscal autonomy under
this Constitution.
(b) autonomous state colleges and universities;
(c) other government-owned or controlled corporations and their subsidiaries; and
(d) such non-governmental entities receiving subsidy or equity, directly or indirectly, from or
throughthe Government, which are required by law or the granting institution to submit to such
audit as a
condition of subsidy or equity. However, where the internal control system of the audited agencies is
inadequate, the Commission may adopt such measures, including temporary or special pre-audit,
as are necessary and appropriate to correct the deficiencies. It shall keep the general accounts of
the Government and, for such period as may be provided by law, preserve the vouchers and other
supporting papers pertaining thereto.
SECTION3

No law shall be passed exempting any entity of the


Government or its subsidiaries in any guise whatever, or any
investment of public funds, from the jurisdiction of the
Commission on Audit.
SECTION 4
The Commission shall submit to the President and the Congress, within the time fixed by
law, an annual report covering the financial condition and operation of the
Government, its subdivisions, agencies, and instrumentalities, including government-
owned or controlled corporations, and non-governmental entities subject to its audit, and
recommend measures necessary to improve their
effectiveness and efficiency. It shall submit such other reports as may be required by law.

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