Ixc sec 22 does not preclude a recourse to the supreme

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Unformatted text preview: INISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 63 UST GOLDEN NOTES 2011 F. CONSTITUTIONAL COMMISSIONS Q: What are the Constitutional Commissions? A: 1. 2. 3. Civil Service Commission (CSC) Commission on Elections (COMELEC) Commission on Audit (CoA) Note: The CSC, COMELEC, and CoA are equally pre‐ eminent in their respective spheres. Neither one may claim dominance over the others. In case of conflicting rulings, it is the Judiciary, which interprets the meaning of the law and ascertains which view shall prevail (CSC v. Pobre, G.R. No. 160508, Sept. 15, 2004) Q: Discuss the creation of the Constitutional Commission. A: The creation of the Constitutional Commissions is established in the Constitution because of the extraordinary importance of their functions and the need to insulate them from the undesired political interference or pressure. Their independence cannot be assured if they were to be created merely by statute. 1. INSTITUTIONAL INDEPENDENCE SAFEGUARDS Q: What are the guarantees of independence provided for by the Constitution to the 3 Commissions? A: 1. They are constitutionally‐created; may not be abolished by statute 2. Each is conferred certain powers and functions which cannot be reduced by statute 3. Each is expressly described as independent 4. Chairmen and members are given fairly long term of office for 7 years 5. Chairmen and members cannot be removed except by impeachment 6. Chairmen and members may not be reappointed or appointed in an acting capacity 7. Salaries of chairmen and members are relatively high and may not be decreased during continuance in office 8. Commissions enjoy fiscal autonomy 64 9. Each commission may promulgate its own procedural rules 10. Chairmen and members are subject tocertian disqualifications calculated to strengthen their integrity 11. Commissions may appoint their own officials and employees in accordance with Civil Service Law Note: The Suprem...
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