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VV Mendoza Poli Reviewer

VV Mendoza Poli Reviewer

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Published by Raymond Roque

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Published by: Raymond Roque on Sep 03, 2009
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Based on the outline of Justice Vicente V. Mendoza
May 1996 Revised Edition_______________
Compiled by Jose Salvador Y. Mirasol
Updated by UP Law Batch 1995
Updated and Enlarged by Rodell A. MolinaUP Law Batch 1996
This work is dedicated to the members of UP Law Batch 1996, to which I belong, especially to the members of Prof. Barlongay's class in Political Law Review, without whose encouragement and support, this work would not have beenaccomplished.Special thanks to Lianne Tan for lending me her diskette in Political Law Review as updated by UP Law Batch 1995, Shirley Alinea and Raquel Ruiz for lending me their notes, Non Lerrer, Buddy Carale, TJ Matta and Irene Isidoro for  patiently printing this work.To the Lord Almighty, this work is lovingly dedicated 
Independent Constitutional Commissions
Art. IX, A, Sec. 1. The Constitutional Commissions, which shall be independent, are the CivilService Commission (CSC). the Commission on Elections and (COMELEC), and the Commission onAudit (COA).
A. Civil Service Commission1. Composition and qualifications of Commissioners
Art. IX, B, Sec. 1. (1) The civil service shall be administered by the Civil Service Commissioncomposed of a Chairman and two Commissioners who shall be natural-born citizens of the Philippinesand, at the time of their appointment, at least thirty-five years of age, with proven capacity for publicadministration, and must not have been candidates for any elective position in the elections immediatelypreceding their appointment.Art. VII, sec. 13. xxxThe spouse and relatives by consanguinity or affinity within the fourth civil degree of thePresident shall not during his tenure be appointed as Members of the Constitutional Commissions, or theOffice of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices,including government-owned or controlled corporations and their subsidiaries.
2. Appointment and term of Office
Art. IX, B, Sec. 1. xxx(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 firstappointed, the Chairman shall hold office for seven years, a Commissioner for five years, and anotherCommissioner for three years, without reappointment. Appointment to any vacancy shall be only for theunexpired term of the predecessor. In no case shall any Member be appointed or designated in atemporary or acting capacity.
Transitional termsOf the first appointment, the Chairman shall serve for 7 years, without reappointment. Of theCommissioners, the following periods apply:1 Commissioner for 5 years; another for 3 years without reappointment
3. Appointment of personnel of CSC
Art. IX, A, Sec. 4. The Constitutional Commissions shall appoint their officials and employees inaccordance with law.
4. Salary
Art. XVIII, Sec. 17. Until the Congress provides otherwise xxx the Chairmen of theConstitutional Commissions (shall receive an annual salary of) two hundred four thousand pesos each;and the Members of the Constitutional Commissions, one hundred eighty thousand pesos each.Art. IX, A, Sec. 3. The salary of the Chairman and the Commissioners shall be fixed by law andshall not be decreased during their tenure.
The salary, of course, can be increased and the increase can take effect at once, since, like the Judiciary,the Constitutional Commissions have not part in the passage of such a law.5. Disqualifications
Art. IX, A, Sec. 2. No Member of a Constitutional Commission shall, during his tenure, hold anyother office or employment. Neither shall he engage in the practice of any profession or in the activemanagement 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 orprivilege granted by the Government, any of its subdivisions, agencies or instrumentalities, includinggovernment-owned or controlled corporations or their subsidiaries.
No members of a Constitutional Commission shall during his "tenure" :a. Hold any other office or employment.This is similar to the prohibition against executive officers. It applies to both public and private officesand employment.b. Engage in the practice of any profession.c. Engage in the active management or control of any business which in any way may be affected by the

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