Sec 2 art ix d q can the coa be divested of its power

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Unformatted text preview: SSIONS A: 1. The original members of the Commission shall begin their terms on a common date 2. Any vacancy occurring before the expiration of the term shall be filled only for the balance of such term. (Republic v. Imperial, G.R. No. L‐8684, Mar. 31, 1995) Q: Discuss the decision‐making process in these Commissions. A: 1. Each Commission shall decide matter or cases by a majority vote of all the members within 60 days from submission. a. COMELEC may sit en banc or in 2 divisions. b. Election cases, including pre‐ proclamation controversies are decided in division, with motions for reconsideration filed with the COMELEC en banc. c. The SC has held that a majority decision decided by a division of the COMELEC is a valid decision. 2. As collegial bodies, each Commission must act as one, and no one member can decide a case for the entire commission Q: Discuss the rule on appeals. A: 1. Decisions, orders or rulings of the COMELEC/CoA may be brought on certiorari to the SC under Rule 65. 2. Decisions, orders or rulings of the CSC should be appealed to the CA under Rule 43. 2. CONCEPTS COMPOSITIONS AND FUNCTIONS a. CIVIL SERVICE COMMISSION Q: What are the functions of the CSC? A: As the central personnel agency of the government, it: 1. Establishes a career service 2. Adopts measures to promote morale, efficiency, integrity, responsiveness, 3. 4. 5. progressiveness and courtesy in the Civil Service Strengthens the merits and rewards system Integrates all human resources and development programs for all levels and ranks Institutionalizes a management climate conducive to public accountability (Sec. 3, Art. IX‐B) Q: What is the composition of the CSC? A: 1. 1 Chairman 2. 2 Commissioners Q: What are the qualifications of the CSC Commissioners? A: 1. 2. 3. 4. 5. Natural‐born citizens of the Philippines At least 35 years old at the time of their appointments With proven capacity for public administration Not candidates for any elective position in the elections immediately preceding their appoi...
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