T=] CONSTITUTIONAL COMMISSIONSIndependent: CSC, COMELEC, COA Limitations of membership to the Commissions: 1. No other office or employment 2. Engage in the practice of any profession or management or control of any business 3. Be financially interested, directly or indirectly, in any contract with or in any franchise or privilege granted by the Government or any of its subs agencies or instrumentalities, including government- owned and controlled corporations Enjoy financial autonomyChairman a 2 Commissioners Qualifications: natural born citizens, at least 35 years old, with proven capacity for public administration, must not have been candidates for any elective position in the elections immediately preceding their appointment Appointed by the President with concurrence of Commission on Appointments. Term of office: 7 years Chairman: 7 years, 1 Commissioner for 5 years, another Commissioner for 3 years, no reappointmentCentral personnel agency of the government CSC shall: 1. Establish a career service . Adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness and courtesy Strengthen the merit and rewards system Integrate all human resources development programs for all levels and ranks . Institutionalize a management climate conducive to public accountability Submit to President and Congress an annual report on its personnel programsCOMELEC Composition: Chairman and 6 Commissioners Qualifications: natural born, at least 35 years old, holder of a College degree, not have been candidates for any elective position in the immediately préceding elections, majority of whom are members of the Philippine Bar, engaged in the practice of law for at least 10 yearsFunctions of the COMELEC: 1. Enforce and admi ter laws and regulations relative to the conduct of an election plebiscite, initiative, referendum and recall relating to elections, returns, and quali ions of all elective, regional, provincial, and city officials and appellate jurisdiction over all contests involving pal officials decided by trial courts of general jurisdiction or involving elective barangay Officials decided by trial courts of limited jurisdiction ns, final orders, or rulings of the COMELEC on election contests involving elective municipal and barangay offices are final executory, and not appealable.4. 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. Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government, including the AFP, for the exclusive purpose of ensuring free, orderly, honest, peaceful and credible elections. Register, after sufficient publication, political parties, organizations or coalitions which must present their platform or program of government; and accredit citizens’ arms.ile, upon a verified complaint, or on its owt ‘ive, 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 malpra Recommend to 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. Recommend to the President removal of any officer or employee it has deputized or imposition of dis: action for violation or disregard of, or disobedience of its directive, order or decision11.Recommend to the President pardon, amnesty parole or suspension of sentence for violation of election laws, rules and regulationsperieare rules of procedure to exper election cases, including pre-proclamation controversies. Decided by division, reconsideration to be decided en banc. Section 9 — Election period shall commence 90 days before the day of election and end 30 days thereafterCOMMISSION ON AUDITComposition: Chairman and 2 Commissioners Qualifications: natural born, at least 35 years of age, CPA, at least 10 years of auditing experience or member of the Philippine Bar — engaged in practice of law for at least 10 years; not have been candidate for any elective pi ion in the elections immediately preceding appointment. At no time shall they all belong to the same profession. Tenure: 7 years with no reappointment, with consent of Commission on Appointment. Chairman-7 years, 1 Commissioner-5 years; the other-3 yearsFunctions: I. Examine, audit, and settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property, owned or held din trust by, or pertaining to, the Government or any of its subdivisions, agencies or instrumentalities, including government owned and controlled corporations with original charters, and ona post audit basis: (a) constitutional bodies, commissions and offices that have been granted fiscal autonomy; (b) autonomous state colleges and universities; (c) other government owned and controlled corporations and their subsidiaries; (d) non-government entities receiving subsidy or equity, directly or indirectly, from or through the Government, which are required by law to submit to such audit as a condition of subsidy or equity2. Define the scope of its audit and examination, establish the techniques and methods required therefore, 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.3, rit of Habeas corpus - (which literally means to “produce the body") is a court order demanding that a public official (such as a warden) deliver an imprisoned individual to the court and show a valid reason for that person's detention. The procedure provides a means for priso! mates, or others acting on their behalf, to dispute the legal basis for confinement. Habeas corpus has deep roots in English common law. }. Writ of kalikasan - a le: edy under Philippine law that provides protection of one’s constitutional right to a healthy environment, as outlined in Section 16, Article Il of the Philippine Constitution, which states that the "state shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of natureinds of writs: 1. Writ of Amparo - remedy available to any person whose right to life, liberty and security lated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private ual or entity. The shall cover extralegal killings and enforced disappearances or threats thereof . Writ of Habeas data is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party.rit of Habeas corpus - (which literally means to roduce the body") is a court order demanding that a public official (such as a warden) deliver an imprisoned individual to the court and show a valid reason for that person's detention. The procedure provides a means for priso! mates, or others acting on their behalf, to dispute the legal basis for confinement. Habeas corpus has deep roots in English common law. }. Writ of kalikasan - a le: edy under Philippine law that provides protection of one’s constitutional right to a healthy environment, as outlined in Section 16, Article II of the Philippine Constitution, which states that the "state shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature5. Writ of continuing mandamus - special civil action that may be availed of "to compel the performance of an act specifically enjoined by law." The petition should mainly involve an environmental and other related law, rule or regulation or a right therein. Continuing mandamus is a writ issued by a court in an environmental case directing any agency or instrumentality of the government or officer thereof to perform an act or series of acts decreed by final judgment which shall remain effective until judgment is fully satisfied. (Emphasis ours)SANDIGAN BAYAN PRESIDENTIAL DECREE NO. 1606, as amended by R.A. NO. 7975and R.A. NO. 8249 Composition: A special court, of the same level as the Court of Appeals and possessing all the inherent powers of a court of justice, to be known as the Sandiganbayan composed of a Presiding Justice and fourteen Associate Justices who shall be appointed by the President. (As amended by R.A. No. 8249) Qualifications: natural-born citizen of the Philippines, at least 40 years of age and for at least ten years has been a judge of a court of law or been engaged in the practice of law in the Philippines or has held office requiring admission to the bar as a pre-requisite for a like period.ision of the Court; Quorum — The Sandiganbayan shall sit in five (5) divisions of three Justices each. The five (5) may sit at the same time. 7 Jurisdiction — (A) Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corruption Practices Act, and Republic ‘Act No. 1379, and Chapter Il, Section 2,Title VIl of the Revised Penal Code, where one or more of the accused are officials occupying the following positions in the government, whether in a permanent, acting or interim capacity, at the time of the commission of the offense:= (1) Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as Grade “27' (a) Provincial governors, vice-governors, members of the sangguniang panlalawigan, and provincial treasurers, assessors, engineers, and other provincial department heads; (b) City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurer, assessors, engineers, and other city department heads; (©) Officials of the diplomatic service occupying the position of consul and higher; 2 (4) Philippine army and air force colonels, naval captains, and all officers of higher rank;(e) Officers of the Philippine National Police while occupying the position of provincial director and those holding the rank of senior superintendent or higher; (f) City and provincial prosecutors and their assistants, and Officials and prosecutors in the Office of the Ombudsman and special prosecutor; (g) Presidents, directors or trustees, or managers of government-owned or controlled corporations, state universities or educational institutions or foundations;2) Members of Congress and officials thereof classified as Grade “27” and up under the Compensation and Position Classification Act of 1989; (3) Members of the judiciary without prejudice to the provisions of the Constitution; (4) Chairmen and members of Constitutional Commi is, without prejudice to the provisions of the Constitution; and (5) All other national and local Officials classified as Grade “27” and higher under the Compensation and Position Classification Act of 1989.(B) Other offenses or felonies whether simple or complexed with other crimes committed by the public officials and employees mentioned in subsection of this section in relation to their office. (C) Civil and criminal cases filed pursuant to and in in with Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.OMBUDSMAN - RA 6770 (FORMERLY TANOD BAYAN) - PD 1630 Composition: Office of the Overall Deputy, the Office of the Deputy for Luzon, the Office of the Deputy for the Visayas, the Office of the Deputy for Mindanao, the Office of the Deputy for the Armed Forces, and the Office of the Special Prosecutor. The President may appoint other Deputies as the necessity for it may arise, as recommended by the Ombudsman. Qualifications: Natural-born citizens of the Philippines, at least forty (40) years old, of recognized probity and independence, members of the Philippine Bar, and must not have been candidates for any elective national or local office in the immediately preceding election whether regular or special. The Ombudsman must have, for ten (10) years or more, been a judge or engaged in the practice of law in the PhilippinesTerm of office: 7 years with no re appointment Functions: (1) Investigate and prosecute on its own or on complaint by any person, any act or omission of any public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient. It has primary jurisdiction over cases cognizable by the Sandiganbayan and, in the exercise of his primary jurisdiction, it may take over, at any stage, from any investigatory agency of Government, the investigation of such cases; (2) Direct, upon complaint or at its own instance, any officer or employee of the Goyernment, or of any subdivision, agency or instrumentality thereof, as well as any government-owned or controlled corporations with original charter, to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties;3) Direct the officer concerned to take appropriate action against a public officer or employee at fault or who neglect to perform an act or discharge a duty required by law, and recommend his removal, suspension, demotion, fine, mn, and ensure compliance therewith; inary authority as provided in Section 21 of this Act: Provided, That the refusal by any officer without just cause to comply with an order of the Ombudsman to remove, suspend, demote, fine, censure, or prosecute an officer or employee who is at fault or who neglects to perform an act or discharge a duty required by law shall be a ground for disciplinary action against said officer;(4) Direct the officer concerned, in any appropriate case, and subject to such limitations as it may provide in its rules of procedure, to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action; (5) Request any government agency for assistance and information necessary in the discharge of responsibilities, and to examine, if necessary, pertinent records and documents(6) Publicize matters covered by its investigation of the matters mentioned in paragraphs (1), (2), (3) and (4) hereof, when circumstances so warrant and with due prudence: Provided, That the Ombudsman under its rules and regulations may determine what cases may not be made public: Provided, further, That any publicity issued by the Ombudsman shall be balanced, fair and true; (7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the Government, and make recommendations for their elimination and the observance of high standards of ethics and efficiency; (8) Administer oaths, issue subpoena and subpoena duces tecum, and take testimony in any investigation or inquiry, including the power to examine and have access to bank accounts and records;(9) Punish for contempt in accordance with the Rules of Court and under the same procedure and with the same penalties provided therein; (10) Delegate to the Deputies, or its investigators or representatives such authority or duty as shall ensure the effective exercise or performance of the powers, functions, and duties herein or hereinafter provided;(11) Investigate and initiate the proper action for the recovery of ill-gotten and/or unexplained wealth amassed after February 25, 1986 and the prosecution of the parties involved therein. The Ombudsman shall give priority to complaints filed against high ranking government officials and/or those occupying supervisory positions, complaints involving grave offenses as well as complaints involving large sums of money and/or properties.COMMISSION ON HUMAN RIGHTS What is it: an independent constitutional office created under the 1987 Constitution of the Philippines, with the primary function of investigating all forms of human rights violations involving civil and political rights in the Philippines The Commission was founded and first led by Chairman Diokno, the father of human rights in the country, whom the surrounding park of the headquarters called the Liwasang Diokno (Diokno Freedom Park) is named after.Composition: Chairperson and four members. Tenure: Seven years without reappointment. Qualifications: majority of the Commission's members must be lawyers. Functions: + Human Rights Protection — Investigation and case management of complaints of violations, including all the powers and services in aid of investigation, of civil and political rights as well as economic, social, and cultural rights. Such powers and services include: citing for contempt for violations of its rules of procedure; legal aid and counseling; visitorial powers over jails and detent forensic techniques in aid of investigation; witness protection; and, financial assistance to vi-Human Rights Promotion, which includes the wide range of strategies for policy, advocacy, promotion, social mobilization, education, training, public information, communication, research, networking and linkages -Human Rights Policy Advisory derived from monitoring government's compliance with the treaty obligations that the Philippines has acceded to: Internationa! Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social and Cultural Rights (ICESCR), Convention Against Torture and Other Degrading Treatment or Punishment (CAT), Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), Convention Against Racial Discrimination (CERD), Convention on the Rights of the Chile) (CRC), Convention on the Protection of Migrant Workers and their Families (CMW); Convention on the Rights of Persons with Disabilities (CRPD).aspect of moni performance of the Executive, Le: and Judiciary to translate international human rights standards into national s, laws, and practice.National Language Commission The 1987 Constitution, Article XIV, Section 8 provides that “the Congress shall establish a national language commission composed of representatives of various regions and disciplines which shall undertake, coordinate and promote researches for the development, propagation, and preservation of Filipino and other Philippine languages.The Commission on the Filipino Language (CFL) is a government office under the Office of the President (OP) created by Republic Act No. 7104, signed on August 14, 1991 by Former President Corazon C. Aquino. It replaced the Institute of Philippine Languages (IPL) which replaced the Institute of National Language (INL) by virtue of Executive Order NO. 117 issued by President Aquino in January 1987. The INL, established in 1937 by Commonwealth Act No. 184, s. 1936, is the first government agency to initiate the development of the Philippine national language.Vision is to make Filipino an effective instrument of national development. Its mission is to undertake, coordinate and implement research programs and projects for the further development and enrichment of jino language. CFL likewise aims at the preservation and maintenance of other native languages of the country.Composition: eleven (11) commissioners, one of whom shall serve as Chairman. The Commissioners shall represent the major Philippine languages: Tagalog, Cebuano, Ilocano, Hiligaynon and the major languages of Muslim Mindanao. The Northern Cultural Communities, Southern Cultural Communities and such other Philippine languages or ethno-linguistic regions as the Commission may decide upon; and at least four (4) of these Commissioners shall also represent various disciplines. (R.A. No. 7104, Segtion 5)National Police Commission Or NAPOLCOM, is an attached agency of the Department of the Interior and Local Government responsible for the administration and control of the Philippine National Police (PNP). It has the authority to administer police entrance examination, to investigate police anomalies and irregularities, and to summarily dismiss erring police officers.Composition: ex-officio chairperson, four (4) regular Commissioners, and the PNP Chief as ex-officio member, one of whom is designated by the President as the vice- chairperson. The DILG Secretary is the ex-officio chairperson, while the vice-chairperson is the executive officer of the Commission. The ex-officio chairperson and four (4) Commissioners constitute the Commission Proper which serves as the governing body of NAPOLCOM. The incumbent chairperson is DILG Secretary Eduardo M. Ajio. The NAPOLCOM also has Disciplinary Appellate Boards and various Staff Services as well as seventeen (17) Regional Offices which are strategically located in the different regional divisions of the country.So National Commission on Indigenous Peoples An agency of the national « it of the Philippines that is responsible for protecting the rights of the indigenous people Composition: seven commissioners. It is attached to the Department of Social Welfare and Development.History: The commission began as the Bureau of Non-Christian Tribes created by the Insular Government during the American Colonial Period of the Philippines. It then became an independent agency called the Commission on National Integration (CNI). In 1972, then President Ferdinand Me s split CNI into the Southern Philippine Development Authority (SPDA) and the Presidential Assistance on National Minorities (PANAMIN). In 1984, Marcos created the Office of Muslim Affairs and Cultural Communities (OMACC) to assist both Muslim and non-Muslim minorities. In January 1987, then President Corazon Aquino’s administration abolished the OMACC and through three Executive Orders created the Office for the Muslim Affairs (OMA), the Office for Northern Cultural Communities (ONC), and the Office for Southern Cultural Communities (OSC).In 1997, then Presisdent Fide! Ramos signed Republic Act 8371 or Indigenous Peoples’ Rights Act of 1997, which merged the latter two offices, the Office for Northern Cultural Communities and Office for Southern Cultural Communities into current commission.'*!