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Art IX

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0% found this document useful (0 votes)
12 views4 pages

Art IX

Sample questions

Uploaded by

plando.joyce
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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1. Commissioners are removable by impeachment or sole decision of the President.

False.

Under the 1987 Philippine Constitution, commissioners of independent constitutional bodies (such as the
Commission on Elections, Commission on Audit, and the Civil Service Commission) are removable only
by impeachment. They cannot be removed at the sole discretion of the President.

The relevant provision is found in Article IX, Section 2 of the Constitution, which states that members of these
constitutional commissions may be removed from office only by impeachment or for other causes as may be
provided by law.

Thus, commissioners are not removable at the sole decision of the President but only through the process of
impeachment.

2. Enumerate what members cannot do during their tenure.

-Under the 1987 Philippine Constitution, members of the independent constitutional commissions
(such as the Commission on Elections (COMELEC), Commission on Audit (COA), and Civil Service
Commission (CSC)) have certain restrictions during their tenure to maintain their independence and
integrity. These restrictions are found in Article IX, Section 2 of the Constitution. Specifically, members
of these commissions cannot;

 Hold any other office or employment in the government or its instrumentalities during their tenure.

 This is to prevent any conflicts of interest and ensure that the commissioners can focus solely on their duties.

 Engage in the practice of any profession while in office.

 This includes being involved in any profession, such as law or accounting, as it could undermine their
impartiality.

 Participate in any political party or engage in partisan political activity during their term.

 Members of these commissions are required to remain non-partisan to avoid influencing their duties with
political affiliations.

 Accept or hold any position in any private firm, association, or organization that may create a conflict
of interest with their official duties.

 This restriction ensures that commissioners are free from external influences that may compromise their
independence.

3. Give and explain the 2 Appointments to Civil Service.

In the Philippine Civil Service, there are two types of appointments: Career Appointments and Non-
Career Appointments.

1. Career Appointments: Permanent positions requiring qualifications, including passing the Civil
Service Examination. In this appointment, the individual is permanent and regular status as
employee, Security of tenure, meaning removal is only valid reasons, and promotion is based
on merit and seniority, as provided in R.A. 910 of CSC.
2. Non-Career Appointments: Temporary or project-based positions, often political. In this
appointment, the individual is temporary employee status and does not require Civil Service
Eligibility. No security of tenure, which means can be removed at the appointing authority’s
discretion. Often filled for political or expertise-based reasons as provided in R.A. 910 of CSC.

Therefore; Career appointments are permanent and based on merit, while non-career appointments
are temporary, with no security of tenure, and often politically influenced.

4. Explain the Role of Commission on Audit

The Commission on Audit is responsible for auditing government funds, ensuring transparency and
accountability, performing performance audits, and recommending corrective actions to ensure the
proper use of public resources. Its independence and thorough oversight help maintain the integrity of
government operations.

The Commission on Audit (COA) is like the "financial watchdog" for the Philippine government. Think
of it like a team of auditors that checks the government's spending, just like how an accountant
checks a company's financial records. Specifically; auditing government funds, ensuring transparency
and accountability, performance audits, recommending corrective actions, with maintained
independence, as provided in Article IX-D, Section 2 of the 1987 Philippine Constitution, as well as in
the Government Auditing Code of the Philippines (Presidential Decree No. 1445).

4. True or False: The Commission on Election Chairman has a fixed term.

True.

The Chairman of the Commission on Elections (COMELEC) has a fixed term of seven years under
the 1987 Philippine Constitution. The Chairman and the other commissioners of COMELEC are
appointed by the President with the concurrence of the Commission on Appointments. The term of
the Chairman is fixed and non-renewable, ensuring independence and stability within the
Commission.

This is stipulated in Article IX-C, Section 1 of the 1987 Constitution.

5. Give at least 5 reasons why Constitutional Commissions are Independent.


- Under Article XI of 1987 Constitution, Here are some of the significant reasons why
Constitutional Commisions are independent:
- 1. Consitutional Commisions are constitutionally created. ( Sec. 1, Art. IX )
- 2. Consitutional Commisions have independent powers of appointments ( Sec.4, Art. IX)
- 3.Each commission may promulgate its own procedural rules ( Sec.6, Art. IX)
- 4. Constitutional Commission have fiscal autonomy ( Sec.5, Art. IX)
- 5. Commissioners are removable by impeachment only.
7. True or False: Salaries of Chairman and Commissioners are fixed by law and can be
decreased during their tenure.
8. The Civil Service Commission (CSC) in the Philippines sets qualifications for positions in the civil service,
and these are based on the 1987 Philippine Constitution and Civil Service Laws. Here are the five key
qualifications for a position, along with their legal basis:

1. Citizenship

 Qualification: The applicant must be a citizen of the Philippines.


 Legal Basis: Article IX-B, Section 2 of the 1987 Philippine Constitution states that “No person shall be
appointed to any civil service position unless he is a citizen of the Philippines.”

2. Age Requirement

 Qualification: The applicant must be at least 18 years old, but may not exceed the maximum age limit set by
law, depending on the position.
 Legal Basis: This is typically governed by the Civil Service Law (Republic Act No. 910, as amended) and specific
CSC Memorandum Circulars that provide detailed age limits for various positions.

3. Educational Attainment

 Qualification: The applicant must meet the educational qualifications for the position. This may vary from high
school graduate to bachelor’s degree or higher, depending on the job.
 Legal Basis: The Civil Service Law (Republic Act No. 910, as amended) and CSC Rules specify educational
requirements for various civil service positions.

4. Civil Service Eligibility

 Qualification: The applicant must possess civil service eligibility, either through passing the Civil Service
Examination or holding other recognized professional qualifications.
 Legal Basis: Article IX-B, Section 2 of the 1987 Philippine Constitution stipulates that civil service eligibility is
required for appointment to civil service positions. The eligibility can be gained through the Civil Service
Examination or other prescribed qualifications.

5. Good Moral Character

 Qualification: The applicant must demonstrate good moral character and must not have been convicted of any
crime involving moral turpitude.
 Legal Basis: Civil Service Law (Republic Act No. 910, as amended) and CSC Memorandum Circulars require
applicants to provide proof of good moral character and the absence of any disqualifying criminal convictions.

Summary:

The five key qualifications to apply for civil service positions in the Philippines are citizenship, age
requirement, educational attainment, civil service eligibility, and good moral character, all of which are
grounded in the 1987 Philippine Constitution and the Civil Service Law (Republic Act No. 910, as amended).
These qualifications ensure that those appointed to government positions are qualified, competent, and
trustworthy.

8. What are the three independent Constitutional Commission, as stipulated in the 1987
Constitution?
The three independent constitutional commissions in the Philippines, as established by the 1987 Philippine
Constitution, are: Commission on Election ( COMELEC), Civil Service Commission (CSC), Commission on Audit
( COA)

9. True or False: CSC can disapprove an appointment if another person is better


qualified, as long as the appointee himself is qualified.

Ans: True

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