1 3
The Civil Service
2 ART IX-B, 1987 Phil. Constitution
The Professional Review Services Division of
PAR EXCEL Training and Devt Center, Inc.
Lord, I know you are with me and love me.
Give me peace of mind as
I prepare for this time of study.
Help me to focus on my books and notes,
keep me from all distractions so that
I will make the best use of this time
that is available to me.
Give me insight that I might understand
what I am studying, and help me
to remember it when the time comes.
Above all, I thank you for the ability
to be able to study and for the many gifts
and talents you have given me.
Help me always to use them in such a way
that they honor You
and do justice to myself.
A men.
CIVIL SERVICE NAPOLCOM Examinations Review
INFORMATION
4
Political Science Other Forms of Government
general term applied to the men &
women employed in the government
to carry out public service in all its
branches, subdivisions &
instrumentalities (bsi)
The Civil Service Commission
(salient/most important provisions)
The Civil Service embraces all
branches, subdivisions, instrumentali-
ties and agencies of the government
including GOCCs w/original charters
Appointments to CS shall be made
only according to merit and fitness to
be determined by competitive exams
except to positions which are: (pph)
a. policy determining
b. primarily confidential
c. highly technical
Security of Tenure:
~ no officer/employee of the CS shall
be removed or suspended except for
cause provided by law.
Generally, appointment is discretionary on
the part of the appointing authority pro-
vided the minimum qualifications are met.
Question: Does CS eligibility prescribe?
Answer:
Passing either a Civil Service, bar or board
exam confers CS eligibility. Said eligibility
does NOT prescribe or expire. Once an exam
is passed, eligibility is acquired for a lifetime
unless revoked.
the systematic study of the state
and government As to the extent of powers exercised by
the central or national government:
1. Concept of State (CPIP)
Unitary
~ community of persons the control of national and local affairs
~ permanently occupying a definite is exercised by the national government
portion of territory,
~ independent of external control & Federal
the power of the govt is divided between
~ possessing an organized government
to which the great body of inhabi- 2 agencies: national affairs &
local affairs
tants render habitual obedience
{each organ is supreme w/in its jurisdiction}
2. Elements of the State (PTGS)
As to the relationship between the
a. People
legislative and the executive:
~ inhabitants of the state
Parliamentary
b. Territory
state confers upon the legislature the
~ fixed portion of earths surface
power to terminate the tenure of the
inhabited by the people of the
executive
state
the cabinet/ministry is responsible
c. Government to the legislature
~ agency or institution thru which
politically responsible to the electorate
the will of the State is formu-
Presidential
lated, expressed & realized
the executive is independent of
d. Sovereignty the legislature
~ the supreme power of the state elected by the people
to enforce its will on its members
w/in its jurisdiction and to have
freedom from foreign control
5
Q: What form of government does
3. Forms of Government the Philippines adopt?
a. Monarchy
~supreme authority resides
in the hands of a single person
A: Republican Democracy
b. Aristocracy
~political power is exercised by a Republican Democracy [ART II, Sec.1]
few privileged individuals the WILL OF THE STATE
c. Democracy is formulated thru a body of persons
~political power is exercised by chosen by the people
a majority of the people
to act as their representatives.
6 7
Constitution
fundamental law of the land
a written instrument by w/c the
(1) fundamental powers of the govern-
ment are established, limited & de-
fined and
(2) by which the powers are distributed
among several departments for
their safe & useful exercise for the
benefit of the body politic.
a written charter
enacted & adopted by the people,
thru a convention of representatives,
which a government established, and
by which THE PEOPLE
give organic & corporate form to the
thing called THE STATE
Parts of a Constitution
Constitution of Government
provisions which set up the
governmental structure
Constitution of Liberty
provisions which guarantee individ-
ual fundamental liberties against
governmental abuse
Constitution of Sovereignty
provisions which outline the proc-
esses whereby the sovereign people
may change the constitution
8 10
The 1987 Constitution Classification of Rights Due Process
PREAMBLE 1. Natural Rights Essential requirements of Notice1
~ from Latin word preambulare ~conferred by God procedural due process Hearing2
meaning to walk before; ~ex. *right to live *right to love
~ introductory part of the Constitu-
tion or the prologue 2. Constitutional Rights Q: What is due process?
Law which hears before it condemns
~conferred and protected
Opportunity to be heard
Art I National Territory by the Constitution
Art II Declaration of Principles & State
a. political rights Doctrine of Due Process
Policies
power to participate in the establishment in Administrative Proceedings
Art III Bill of Rights or administration of the government as elaborated in Ledesma v. Court of Appeals
enumerates the individual rights or ex. *right of citizenship *suffrage
privileges to protect against any
violations by the govt, individual Due process, as a constitutional pre-
b. civil rights
or groups enforced by law at the instance of private cept, does not always and in all
a charter of liberties for the individ- individuals, which if violated by another situations require a trial-type pro-
ual and a limitation upon the power gives rise to an action for injury ceeding.
ex. *freedom of speech, press &
of the State
assembly Due process is satisfied when a per-
Art IV Citizenship
son is notified of the charge against
Art V Suffrage c. social & economic rights him and given an opportunity to
Art VI Legislative Department intended to insure the well being & explain or defend himself.
economic security of the individual
Art VII Executive Department
Art VIII Judicial Department In administrative proceedings, the
d. rights of the accused filing of charges and giving reason-
Art IX Constitutional Commissions intended for the protection of a per-
able opportunity for the person so
Art X Local Government son accused of any crime
charged to answer the accusations
Art XI Accountability of Public Officers 3. Statutory Rights against him constitute the mini-
Art XII National Economy and Patrimony ~promulgated by the law making mum requirements of due process.
Art XIII Social Justice and Human Rights body & maybe abolished by the
same body The essence of due process is simply
Art XIV Education, Science and Technology, to be heard, or as applied to admin-
Arts, Culture and Sports
istrative proceedings, an opportu-
Art XV The Family 9 nity to explain ones side, or an op-
Art XVI General Provisions Art III, Sec. 1 portunity to seek a reconsideration
Art XVII Amendments or Revisions No person shall be deprived of life, liberty or of the action or ruling complained
Art XVIII Transitory Provisions property without due process of law, nor of.
shall any person be deprived the
equal protection of the laws.
11
Inherent Powers
of the State
1. Police power
2. Power of eminent domain
3. Power of taxation
Case1. An ordinance reads It shall
be prohibited for any operator of
any barber shop to conduct the busi-
ness of massaging customers or
other persons in any adjacent room
or rooms of said barber shop. Does
this amount to deprivation of prop-
erty without due process of law?
Held. No, this is a valid exercise of
police power for the protection of
morals.
Equal protection of the law
equality of all persons before the law
Case 2. A law is passed prohibiting
Chinese only from engaging in the re-
tail trade. Valid?
Held. No, unless distinction between
Chinese and other aliens can be justi-
fied.
Case 3. A law is passed requiring
courts to give free transcript of re-
cords to indigent litigants. Valid?
Held. Yes. The classification serves to
equalize opportunities in courts be-
tween rich and poor.
12
Art. IV- CITIZENSHIP
membership of a permanent character in
a political community
Q: How did you acquire your citizenship?
Issue: Dual citizenship vs. dual allegiance
Modes of Acquiring Citizenship
1. Jus sanguinis ~ by blood relationship
children follow the parents citizenship
2. Jus soli or Jus loci ~ by place of birth
3. Naturalization ~ requires a positive act
13
Art. V- SUFFRAGE
the right and obligation of qualified citizens to
vote in the election and in the decisions of
public questions presented to the people
SCOPE OF SUFFRAGE
Election - political exercise whereby the peo-
ple choose a candidate to fill up an elective
government position.
Plebiscite - political right of the people to
ratify or reject constitutional amendments or
proposed laws.
Referendum - right of the people to adopt or
reject any measure which has been passed
by a legislative body.
Initiative - power of the people to propose
bills/laws & to enact/ reject them at the pools,
independent of the legislative assembly.
Recall - a system by which an elective official
is removed by popular vote before the end of
his term
14 15 Q: Who is mandated by the Constitution to
Branches of the Govt
be the Commander in Chief of the AFP?
A: President
EXECUTIVE DEPARTMENT
Qualifications (NAR2 40)*
Q: What is the term of office of senators ?
- vested in the President
A: 6 yrs, reelected for not more than 2 terms
- the power to administer the laws
Q: What is the term of office of HRs?
LEGISLATIVE DEPARTMENT A: 3 yrs, reelected for not more than 3 terms
~ power to make / alter / repeal laws
Q: What is the term of office of the President?
Legislative Houses or Chambers A: 6yrs; can no longer be reelected as
(Bicameral) president
(1) Senate
(2) House of Representatives
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Constitutional
SENATE - composed of 24 members
Qualifications (NAR2 35) Commissions
Aside from the three branches of government,
Art. 9 of the 1987 Constitution established
House of Representatives - composed
three independent, fiscally-autonomous com-
of not more than 250 members
missions:
Qualifications (NAR2 25)
(1) the Civil Service Commission (CSC)
(2) the Commission on Elections
JUDICIAL DEPARTMENT (COMELEC)
- vested in the Supreme Court & other courts (3) the Commission on Audit (COA).
the power to interpret and apply the laws
- composed of a CJ & 14 Associate Justices In addition, Art. 13 of the Constitution and the
Administrative Code of 1987, created the Com-
Qualifications mission on Human Rights (CHR).
natural-born citizen
at least 40 yrs old Qualifications
in the practice of profession for at least natural-born citizen of the Philippines
15yrs at least 35 yrs old at the time of
with proven competence and integrity their appointments
with proven capacity for public administra-
tion and local management
*NAR2 40
Natural-born citizen Q: What are the three Constitutional
Able to read and write Commissions enumerated or provided
for or in the 1987 Constitution?
Resident ~at least 2yrs bef the election day
At least 40 yrs old
A: CSC, COMELEC & COA
17
Impeachment
is a constitutional process of
removing public servants from office
Art10, Sec2 of the 1987 Constitution
Impeachable Office (PV-SCO )
President
VP
Mem. of the Supreme Court
Mem. of the Constitutional Commissions
Ombudsman
Art11, Sec2 of the 1987 Constitution
Grounds for Impeachment (GOT-BBC)
Graft and Corruption
Other high crimes
Treason
Bribery
Betrayal of public trust
Culpable violation of the Constitution
Who wields the power to impeach?
The Philippine Congress holds the sole
power in the impeachment process.
House of Representatives
initiates all cases of impeachment
Senate
tries and decides on all the cases
the Senate President presides the trial
Role of the Judiciary on Impeachment
When the President of the Philippines is
on trial, the Chief Justice of the Supreme
Court shall preside, but shall not vote.
18
Amendments & Revisions
Amendments ~ piecemeal change
Revisions ~ rewriting, changing the
Constitution in its entirety
19
Constitutions
of the Republic of the Philippines
[ Past & Present ]
1987 Constitution, Present Constitution
1986 "Freedom" Constitution (Provisional)
1973 Constitution
Proclamation 1081 was the declara-
tion of Martial Law in the Philippines by
Pres. Ferdinand Marcos. It became
effective throughout the entire country
on 21 Sep 1972, and was announced
to the public two days later.
1943 Constitution
During the Japanese Occupation
1935 Constitution
1899 Constitution
The Malolos Constitution
20 Art. X Local Government
refers to a political subdivision of a state which
is constituted by law and has
substantial control of local affairs, with
officials elected or otherwise locally selected
Q: What is the implementing law for
Art. 10, the Local Government?
A: Local Government Code of 1991
(RA 7160)
21 As of May 2015:
Regions 18
Provinces 82
Cities 135
Municipalities 1, 493
Barangays 42,029
A "Region" is not a Constitutional form
of government and is used only for ad-
ministrative management or statistics
reference by the Executive branch.
22
Art. XI Accountability of
Public Officers
Public Office is a public trust.
Public officers & employees must at all times
be accountable to the people, serve them with
outmost respect, integrity, loyalty & efficiency
(RILE) act w/ patriotism & justice and lead
modest lives
Meaning: all government officials and employ-
ees shall at all times be answerable for their
misconduct to the people from whom the gov-
ernment derives its powers.
23
Art. XII National Economy and
Patrimony
National Economy (NE) - total structure of
economic life of a country; production, distri-
bution and consumption of goods & services.
National Patrimony (NP) - the national re-
sources of a country
Regalian doctrine a principle that State owns
all lands and waters of the public domain.
24
Art. XIII SOCIAL JUSTICE (SJ)
and HUMAN RIGHTS (HR)
SJ - promotion of the welfare of all the people.
(Calalang vs. Williams)
The SJ provisions of the Constitution include:
Labor
the state shall afford full protection to labor
and promote full employment and equality of
employment opportunities for all. They shall
be entitled to
security tenure
humane conditions of work
living wage - reasonable compensation
right to self-organization and to strike for
valid cause
Q: What is the law that protects and pro-
motes the rights of all workers?
A: Labor Code or PD No. 442.
Agrarian and Natural Resources Reform
right of the farmers and regular farm workers,
who are landless, to own the lands they till.
Urban Land Reform and Housing
Low cost housing projects for the underprivi-
leged and homeless citizens
Role & Rights of Peoples Organizations
to enable the people to pursue and protect
their legitimate and collective interests
Note: You can easily be heard if organized.
25
Art XIV
Education, Science & Technology, Arts, Cul-
ture and Sports
Q: What school levels should the govt estab-
lish & maintain a system of free public
education?
A: In the elementary and high school
levels
State shall establish and maintain a system of
scholarship grants
Iskolar ng Bayan, STFAP,
DOST, Provincial Scholars
Student loan programs - Study Now, Pay Later
Subsidies & Other incentives
26 Art. XV The Family
Q: What is the foundation of the nation?
A: Family
Q: What is the foundation of the family?
A: Marriage
Q: The essential requisites of marriage
A: Legal capacity & consent
Otherwise, declaration of nullity
of marriage will prosper
27 Declaration of the
State of War
Q: The Congress, by a vote of ____ of both
Houses in joint session assembled,
voting separately, shall have the sole
power to declare a state of war.
A: Two-thirds
28
RA No. 6713
Code of Conduct and Ethical Standards
for Public Officials and Employees
*to promote a high standard of ethics in public
service
*to uphold the time honored principle of public
office being a public trust
Sec. 4 - Norms of Conduct of Public Officers
and Employees
Commitment to public interest
always uphold the public interest over and
above personal interest
Professionalism
highest degree of excellence, professionalism,
intelligence and skill; display utmost devotion
and dedication to duty
Justness and Sincerity
shall not discriminate against any one espe-
cially the poor and the underprivileged
Political Neutrality
serve everyone regardless of party affiliation
or preference
Responsive to the public
extend prompt, courteous and adequate ser-
vice to the public
Nationalism and patriotism
loyal to the Republic and to the Filipino people
promote the use of locally produced goods
Commitment to democracy
Simple living
shall not indulge in extravagant display of
wealth in any form
Sec. 5 Duties of Officers and Employees
Act promptly on letters and requests
respond within 15 days from receipt contain-
ing the action taken on the request
Submit Annual Performance Reports
w/in 45 working days from the end of the year
process documents & papers expeditiously
within reasonable time
Act immediately on public transactions
Make documents accessible to the public
Sec. 7 - Prohibited Acts & Transactions
financial and material interest
transactions requiring approval of their office
engaged in business licensed by their office
disclose/misuse of confidential information
officially known by them by reason of their
office
solicitation or acceptance of gifts, directly or
indirectly, in the cause of their official duties
Sec. 8 - Statements and Disclosure SALN
Public has the right to know the assets, liabili-
ties, net worth and financial and business inter-
ests of POs and Es
When to file SALN
Within 30 days after assumption of office
On or before April 30 of every year
w/in 30 days after separation from the service
Q: What agency or institution of the govern-
ment has the primary responsibility for the
administration and enforcement of RA 6713
A: CSC
29
DOST - Project NOAH
Nationwide Operational Assessment of Hazards
The Nationwide Operational Assessment of
Hazards (NOAH) program envisions a dis-
aster-free Philippines where communities
are empowered through open access to
accurate, reliable and timely hazard and
risk information.
30 Extrajudicial Killing
By Mark Ambay, Truthout | News Analysis
Extrajudicial killing is not explicitly defined
in international law. Some broadly define it
as a killing that is not sanctioned by the
courts and done outside the legal system.
The Phil. Supreme Court further refined this
definition to also consider the political af-
filiation of the victim, the method of attack
and alleged involvement of state agents.
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What is Zika?
Zika fever (also known as Zika virus dis-
ease) is an illness caused by the Zika vi-
rus. Most cases have no symptoms, but
when present they are usually mild and can
resemble dengue fever. Symptoms may
include fever, red eyes, joint pain, head-
ache, and a maculopapular rash.
The Zika virus is a mosquito-transmitted
infection related to dengue, yellow fever
and West Nile virus. Although it was dis-
covered in the Zika forest in Uganda in
1947 and is common in Africa and Asia, it
did not begin spreading widely in the West-
ern Hemisphere until May 2015, when an
outbreak occurred in Brazil.