pol 11 (constitutional commissions and methods of amending the constitution)

7/30/2019 Pol 11 (Constitutional Commissions and Methods of Amending the Constitution)

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CONSTITUTIONAL COMMISSIONS

Independent

Enjoy fiscal autonomy May promulgate their own rules concerning pleadingsand practice before them or before any of their offices.

Decision is by majority vote of all their members on casesbrought before them within 60 days.

Civil Service Commission

Composition

Chairman

2 Commissioners

Term of office is 7 years without reappointment. Thepresident appoints them with the consent of Congress

Commission on Appointments.


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Qualifications

1. Natural-born citizen

2. At least 35 years old at the time of their appointment3. Proven capacity for public administration

4. Must not have been candidates for any elective position inthe elections preceding their appointment.

Functions

1. Establish a career service

2. Adopt measures to promote morale, efficiency, integrity,responsiveness and courtesy in the civil service

3. Strengthen the merit and rewards system

4. Integrate all human resource development programs for alllevels and ranks

5. Institutionalize a management climate conducive to public

accountability.


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2. Commission on Elections

Composition

Chairman 6 Commissioners

Term of office is 7 years without reappointment. The

president appoints them with the consent of CongressCommission on Appointments.

Qualifications:

Natural-born citizen At least 35 years old at the time of their appointment

Holder of a college degree (Majority though of theCommissioners including the chairman must bemembers of the Bar who are engage in the practice of

law for at least ten years)


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4. Must not have been candidates for any elective position

immediately preceding the elections.

Functions:1. Enforce and administer the laws and regulations relative to

the conduct of an election, plebiscite, initiative, referendum

and recall.

2. 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 oflimited jurisdiction.

3. 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.


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4. Deputize with the concurrence of the President law-enforcement agencies and instrumentalities of thegovernment.

5. Register after sufficient publication, political parties,organizations or coalitions and accredit citizens arms ofthe COMELEC. (Religious denominations and sects shallnot be registered)

6. File, upon a verified complaint or in its own initiative,petitions in court for inclusion or exclusion of voters,investigate and where appropriate prosecute cases ofviolations of election laws.

7. Recommend to Congress measures to minimize election

spending.8. Recommend to the President the removal of any officer or

employee it has deputized, or the imposition of any otherdisciplinary action for violation or disregard of, ordisobedience to its directive, order or decision.


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NOTE: No pardon, amnesty, parole or suspension ofsentence for violations of election laws, rules and

regulations shall be granted by the president without the

favorable recommendation of COMELEC.

3. Commission on Audit

Composition Chairman

2 Commissioners

Term of office is 7 years without reappointment. The

president appoints them with the consent of Congress

Commission on Appointments.


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Qualifications:

Natural-born citizen

At least 35 years old at the time of their appointment

Certified Public Accountant with not less than 10 years ofauditing experience or member of the Bar who have beenengage in the practice of law for at least ten years.(Members must not belong to the same profession)

Must not have been candidate for any elective positionimmediately preceding their appointment.

Functions

It has the power, authority and duty to examine, audit andsettle all accounts pertaining to the revenue and receiptsof and expenditures or uses of funds and property ownedor held in trust by, or pertaining to, the government or anyof its subdivisions, agencies or instrumentalities including

GOCCs.


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Amending the Constitution

Three Methods

1. Congress through votes of its members.

Issue: Whether the two houses (Senate and

Representatives) will vote jointly or separately.

2. Constitutional Convention wherein the people will elect

representatives who will propose amendments.

3. Peoples Initiative. It needs at least 12% of the countrys

registered voters and at least 3% of the voters in each

legislative district signing the petition.

Note: The final draft of the proposed amendmends or repealof the constitution must be approved by the countrys

voters in a plebiscite. It needs the majority of voters for

the proposed amenment to be effective and binding.

pol 11 (constitutional commissions and methods of amending the constitution)

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