constitutional law silliman university college of law
Post on 03-Jan-2016
219 Views
Preview:
TRANSCRIPT
Constitutional Law
Silliman University College of Law
1. COMMISSION ON AUDIT2. CIVIL SERVICE COMMISSION3. COMMISSION ELECTIONS
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
Can Congress abolish the Constitutional Commissions?
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
All branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned and controlled corporations
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
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
Brillantes vs. Yorac, G.R. 93887, December 19, 1990
Aratuc vs Comelec, 88 SCRA 251 UP vs. Regino, G.R. 88167, May 3, 1993
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
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
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
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
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
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
NOTE
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 areasMama-o vs. Carague, G.R. No. 89965, Nov
19, 1989 Establishment of ARMM and CAR
A public office is a public trust Impeachable Officials
PresidentVice-PresidentMembers of the ConCommissions Justices of SCOmbudsman
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
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
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
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
ARTICLE XIIISOCIAL JUSTICE AND HUMAN RIGHTS
ARTICLE XIVEDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS
ARTICLE XVTHE FAMILY
ARTICLE XVIGENERAL PROVISIONS
How undertaken?Congress¾ of vote of all members of CongressConstitutional 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
Amendment or revision must be ratified by majority of electorate in a plebiscite not later than 60 days after approval
Article XVIII
top related