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Written Report in Potlitics and Governance

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WRITTEN REPORT IN POTLITICS AND GOVERNANCE

STUDENT: JESTER M. GALLANO INSTRUCTOR:

BS ARCHITECTURE 2-1 MARCH 26, 2019

INTRODUCTION:

The content of this research is about the composition of Article 9 and 10 in 1987 Philippine
Constitution that provide the systematic rule, processes and also the strengthening the laws. Article 9 is
all about the Constitutional Commission that composed of three part which is The Civil Service
Commission, the second one is The Commission on Election and the last is The Commission on Audit.
The next part of the research is Article 10 which identify the rule of the Local Government. Under the
Articles below, researcher provide the elaborated discussion that conclude on the mentioned articles
that make you easier to identify by the informative way.

DISCUSSION:

ARTICLE IX

CONSTITUTIONAL COMMISSION

A. 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,
may 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. 1
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 7. Each Commission shall decide by a majority vote of all its Members, any case or matter
brought before it within sixty days from the date of its submission for decision or resolution. A case or
matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief, or
memorandum required by the rules of the Commission or by the Commission itself. Unless otherwise
provided by this Constitution or by law, any

decision, order, or ruling of each Commission may be brought to the Supreme Court on certiorari by the
aggrieved party within thirty days from receipt

of a copy thereof.

Section 8. Each Commission shall perform such other functions as may be provided by law.

B. THE CIVIL SERVICE COMMISSION

Section 1.

1. The civil service shall be administered by the Civil Service Commission composed of a Chairman and
two Commissioners who shall be naturalborn citizens of the Philippines and, at the time of their
appointment, at least thirty-five years of age, with proven capacity for public administration, and
must not have been candidates for any elective position in the elections immediately preceding their
appointment.

2. 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, a Commissioner for five years, and

another Commissioner 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.

Section 2.

1. The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the
Government, including government-owned or

controlled corporations with original charters.

2. 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.

3. No officer or employee of the civil service shall be removed or suspended except for cause provided
by law.

4. No officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or
partisan political campaign.
5. The right to self-organization shall not be denied to government employees.

6. Temporary employees of the Government shall be given such protection as may be 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.

Section 4. All public officers and employees shall take an oath or affirmation to uphold and defend this
Constitution.

Section 5. The Congress shall provide for the standardization of compensation of government officials
and employees, including those in governmentowned 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.

Section 7. No elective official shall be eligible for appointment or designation in any capacity to any
public office or position during his tenure.
Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall
hold any other office or employment in the

Government or any subdivision, agency or instrumentality thereof, including Government-owned or


controlled corporations or their subsidiaries.

Section 8. No elective or appointive public officer or employee shall receive additional, doub2. 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.

Section 2. The Commission on Elections shall exercise the following powers and functions:

1. Enforce and administer all 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 of limited jurisdiction.

Decisions, final orders, or rulings of the Commission on election contests involving elective municipal
and barangay offices shall be final, executory,
and not appealable.

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.

4. Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of
the Government, including the Armed Forces

of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible
elections.

5. 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.

Financial contributions from foreign governments and their agencies to political parties, organizations,
coalitions, or candidates related to elections,

constitute interference in national affairs, and, when accepted, shall be an additional ground for the
cancellation of their registration with the

Commission, in addition to other penalties that may be prescribed by law.


6. 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 violations of election laws, including acts or omissions constituting election frauds,
offenses, and malpractices.

7. 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.

8. 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.

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

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. The 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, time, and space ,and the right to
reply, including reasonable, 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.

Section 5. No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules,
and regulations shall be granted by the

Presideor 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.

2. 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.

1. 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 through the
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.


2. The Commission shall have exclusive authority, subject to the limitations in this Article, to define the
scope of its audit and examination, establish

the techniques and methods required therefor, and promulgate accounting and auditing rules and
regulations, including those for the prevention and

disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures or uses


of government funds and properties.

Section 3. 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.

ARTICLE X

LOCAL GOVERNMENT

GENERAL PROVISIONS

Section 1. The territorial and political subdivisions of the Republic of the Philippines are the provinces,
cities, municipalities, and barangays. There
shall be autonomous regions in Muslim Mindanao and the Cordilleras as hereinafter provided.

Section 2. The territorial and political subdivisions shall enjoy local autonomy.

Section 3. The Congress shall enact a local government code which shall provide for a more responsive
and accountable local government structure

instituted through a system of decentralization with effective mechanisms of recall, initiative, and
referendum, allocate among the different local

government units their powers, responsibilities, and resources, and provide for the qualifications,
election, appointment and removal, term, salaries,

powers and functions and duties of local officials, and all other matters relating to the organization and
operation of the local units.

Section 4. The President of the Philippines shall exercise general supervision over local governments.
Provinces with respect to component cities and

municipalities, and cities and municipalities with respect to component barangays, shall ensure that the
acts of their component units are within the

scope of their prescribed powers and functions.

Section 5. Each local government unit shall have the power to create its own sources of revenues and to
levy taxes, fees and charges subject to such

guidelines and limitations as the Congress may provide, consistent with the basic policy of local
autonomy. Such taxes, fees, and charges shall accrue

exclusively to the local governments.Section 11. The Congress may, by law, create special metropolitan
political subdivisions, subject to a plebiscite as set forth in Section 10 hereof. The
component cities and municipalities shall retain their basic autonomy and shall be entitled to their own
local executive and legislative assemblies. The

jurisdiction of the metropolitan authority that will thereby be created shall be limited to basic services
requiring coordination.

Section 12. Cities that are highly urbanized, as determined by law, and component cities whose charters
prohibit their voters from voting for provincial

elective officials, shall be independent of the province. The voters of component cities within a province,
whose charters contain no such prohibition,

shall not be deprived of their right to vote for elective provincial officials.

Section 13. Local government units may group themselves, consolidate or coordinate their efforts,
services, and resources for purposes commonly

beneficial to them in accordance with law.

Section 14. The President shall provide for regional development councils or other similar bodies
composed of local government officials, regional

heads of departments and other government offices, and representatives from non-governmental
organizations within the regions for purposes of

administrative decentralization to strengthen the autonomy of the units therein and to accelerate the
economic and social growth and development of

the units in the region.

AUTONOMOUS REGIONS
Section 15. There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras
consisting of provinces, cities, municipalities, and

geographical areas sharing common and distinctive historical and cultural heritage, economic and social
structures, and other relevant characteristics

within the framework of this Constitution and the national sovereignty as well as territorial integrity of
the Republic of the Philippines.

Section 16. The President shall exercise general supervision over autonomous regions to ensure that
laws are faithfully executed.

Section 17. All powers, functions, and responsibilities not granted by this Constitution or by law to the
autonomous regions shall be vested in the

National Government.

Section 18. The Congress shall enact an organic act for each autonomous region with the assistance and
participation of the regional consultative

commission composed of representatives appointed by the President from a list of nominees from
multi-sectoral bodies. The organic act shall define

the basic structure of government for the region consisting of the executive department and legislative
assembly, both of which shall be elective and

representative of the constituent political units. The organic acts shall likewise provide for special courts
with personal, family, and property law

jurisdiction consistent with the provisions of this Constitution and national laws.

The creation of the autonomous region shall be effective when approved by majority of the votes cast
by the constituent units in a plebiscite called for
the purpose, provided that only provinces, cities, and geographic areas voting favorably in such
plebiscite shall be included in the autonomous region.

Section 19. The first Congress elected under this Constitution shall, within eighteen months from the
time of organization of both Houses, pass the

organic acts for the autonomous regions in Muslim Mindanao and the Cordilleras.

Section 20. Within its territorial jurisdiction and subject to the provisions of this Constitution and
national laws, the organic act of autonomous regions

shall provide for legislative powers over:

1. Administrative organization;

2. Creation of sources of revenues;

3. Ancestral domain and natural resources;

4. Personal, family, and property relations;

5. Regional urban and rural planning development;

6. Economic, social, and tourism development;

7. Educational policies;

8. Preservation and development of the cultural heritage; and

9. Such other matters as may be authorized by law for the promotion of the general welfare of the
people of the region.
Section 21. The preservation of peace and order within the regions shall be the responsibility of the local
police agencies which shall be organized,

maintained, supervised, and utilized in accordance with applicable laws. The defense and security of the
regions shall be the responsibility of the National Government.

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