BOOK
V Title
ICONSTITUTIONAL
COMMISSIONS Subtitle
ACIVIL
SERVICE COMMISSION Chapter
1GENERAL
PROVISIONS
Sec. 1. Declaration of Policy. - The State shall insure and promote the
Constitutional mandate that appointments in the Civil Service shall be
made only according to merit and fitness; that the Civil Service
Commission,
as the central personnel agency of the Government shall establish a
career
service, adopt measures to promote morale, efficiency, integrity,
responsiveness,
and courtesy in the civil service, strengthen the merit and rewards
system,
integrate all human resources development programs for all levels and
ranks,
and institutionalize a management climate conducive to public
accountability;
that public office is a public trust and public officers and employees
must at all times be accountable to the people; and that personnel
functions
shall be decentralized, delegating the corresponding authority to the
departments,
offices and agencies where such functions can be effectively performed.chanrobles virtual law library
Chapter
2COVERAGE
OF THE CIVIL SERVICE
Sec. 6. Scope of the Civil Service. - (1) The Civil Service embraces
all
branches, subdivisions, instrumentalities, and agencies of the
Government,
including government-owned or controlled corporations with original
charters.chanrobles virtual law library
Chapter
3ORGANIZATION
AND FUNCTIONSOF
THE CIVIL SERVICE COMMISSION
Sec. 10. Composition. - The Commission shall be composed of a Chairman
and two Commissioners who shall be natural born citizens of the
Philippines
and, at the time of their appointment, at least thirty-five years of
age,
with proven capacity for public administration, and must not have been
candidates for any elective position in the elections immediately
preceding
their appointment.chanrobles virtual law library
Chapter
4INTERDEPARTMENT
RELATIONS
Sec. 18. Civil Service Assistance to Department and Agencies. - Each
Secretary
or head of office, agency, government-owned or controlled corporation
with
original charter and local government shall be responsible for
personnel
administration in his office which shall be in accordance with the
provision
relating to civil service embodied in the Constitution, this Title and
the rules, principles, standards, guidelines and regulations
established
by the Commission. The Civil Service Commission shall, whenever it
deems
it in the interest of the public service, organize in each department,
office, agency, government-owned or controlled corporation, and
provincial
and city government a Civil Service Staff which shall be headed by an
officer
of the Commission. The necessary staff personnel and office facilities
and equipment shall be provided by the department, government-owned or
controlled corporation or local government where the staff is
established
but the Commission may augment these with its own. The Staff shall
serve
as the principal liaison between the Civil Service and Department
concerned
and shall perform the following specific functions and those functions
which may hereafter be assigned to it by the Commission.chanrobles virtual law library
Chapter
5PERSONNEL
POLICIES AND STANDARDS
Sec. 21. Recruitment and Selection of Employees. - (1) Opportunity for
government employment shall be open to all qualified citizens and
positive
efforts shall be exerted to attract the best qualified to enter the
service.
Employees shall be selected on the basis of fitness to perform the
duties
and assume the responsibilities of the positions.chanrobles virtual law library
Chapter
6RIGHT
TO SELF-ORGANIZATION
Sec. 38. Coverage. - (1) All government employees, including those in
government-owned
or controlled corporations with original charters, can form, join or
assist
employees' organizations of their own choosing for the furtherance and
protection of their interests. They can also form, in conjunction with
appropriate government authorities, labor-management committees, work
councils
and other forms of workers' participation schemes to achieve the same
objectives.chanrobles virtual law library
Chapter
7PROHIBITIONS
Sec. 54. Limitation on Appointment. - (1) No elective official shall be
eligible for appointment or designation in any capacity to any public
office
or position during his tenure.chanrobles virtual law library
Chapter
8LEAVE
OF ABSENCE
Sec. 60. Leave of Absence. - Officers and employees in the Civil
Service
shall be entitled to leave of absence, with or without pay, as may be
provided
by law and the rules and regulations of the Civil Service Commission in
the interest of the service.chanrobles virtual law library
Chapter
9MISCELLANEOUS
PROVISIONS
Sec. 61. Examining Committee, Special Examiners and Special
Investigators.
- Subject to approval by the proper head of a department or agency, the
Commission may select suitable persons in the government service to act
as members of examining committees, special examiners or special
investigators.
Such persons shall be designated examiners or investigators of the
Commission
and shall perform such duties as the Commission may require, and in the
performance of such duties they shall be under its exclusive control.
Examining
committees, special examiners or special investigators so designated
may
be given allowances or per diems for their services, to be paid out of
the funds of, and at a rate to be determined by, the Commission.chanrobles virtual law library
Subtitle
BTHE
COMMISSION ON AUDIT Chapter
1GENERAL
PROVISIONS
Sec. 1. Declaration of Policy.- All resources of the government shall
be
managed, expended or utilized in accordance with law and regulations
and
safeguarded against loss or wastage through illegal or improper
disposition
to ensure efficiency, economy and effectiveness in the operations of
government.
The responsibility to take care that such policy is faithfully adhered
to rests directly with the chief or head of the government agency
concerned.chanrobles virtual law library
Chapter
2ORGANIZATION
OF THE COMMISSION ON AUDIT
Sec. 3. The Commission Proper. - The Commission Proper shall be
composed
of the Chairman and two Commissioners. It shall sit as a body to
formulate
policies, promulgate rules and regulations, and prescribe standards
governing
the discharge of its powers and functions.chanrobles virtual law library
Chapter
3OFFICES
Sec. 7. Central Offices. - The Commission shall have the following
central
offices:
Chapter
4JURISDICTION,
POWERS AND FUNCTIONS OF THE COMMISSION
Sec. 10. Statement of Objectives. - In keeping with the constitutional
mandate, the Commission adheres to the following objectives:
Chapter
5DECISIONS
OF THE COMMISSION
Sec. 33. Appeal from Decision of Auditors. - Any person aggrieved by
the
decision of an auditor of any government agency in the settlement of an
account or claim may, within six (6) months from receipts of a copy
thereof,
appeal in writing to the Commission.chanrobles virtual law library
Chapter
6GOVERNMENT
AUDITING AND ACCOUNTING
Sec. 38. Definition of Government Auditing. - Government auditing is
the
analytical and systematic examination and verification of financial
transactions,
operations, accounts and reports of any government agency for the
purpose
of determining their accuracy, integrity and authenticity, and
satisfying
the requirements of law, rules and regulations.chanrobles virtual law library
Chapter
7RECEIPT
AND DISPOSITION OF FUNDS AND PROPERTY
Sec. 42. Accounting for Money and Property Received by Public
Officials.
- Except as may otherwise be specifically provided by law or competent
authority, all moneys and property officially received by a public
officer
in any capacity or upon any occasion must be accounted for as
government
funds and government property. Government property shall be taken up in
the books of the agency concerned at acquisition cost or an appraised
value.chanrobles virtual law library
Chapter
8APPLICATION
OF APPROPRIATED FUNDS
Sec. 45. Disbursement of Government Funds. - (1) Revenue funds shall
not
be paid out of any public treasury or depository except in pursuance of
an appropriation law or other specific statutory authority;
Chapter
9ACCOUNTABILITY
AND RESPONSIBILITYFOR
GOVERNMENT FUNDS AND PROPERTY
Sec. 50. Accountable Officers; Board Requirements. - (1) Every officer
of any government agency whose duties permit or require the possession
or custody government funds shall be accountable therefor and for
safekeeping
thereof in conformity with law; and
Chapter
10MISCELLANEOUS
PROVISIONS
Sec. 54. Duty to Respect the Commission's Independence. - It shall be
the
duty of every person to respect, protect and preserve the independence
of the Commission.chanrobles virtual law library
Subtitle
CCOMMISSION
ON ELECTIONS Chapter
1GENERAL
PROVISIONS
Sec. 1. Declaration of Policy. - The State shall at all times ensure
free,
orderly, honest, peaceful and credible elections under a free and open
party system which shall be allowed to evolve according to the free
choice
of the people subject to the provisions of Article IX-C of the 1987
Constitution
of the Philippines.chanrobles virtual law library
Chapter
2THE
COMMISSION PROPER
Sec. 4. Composition and Qualifications. - There shall be a Commission
on
Elections composed of a Chairman and six (6) Commissioners who shall be
natural born citizens of the Philippines and, at the time of their
appointment,
at least thirty-five (35) years of age, holders of a college degree,
and
must not have been candidates for any elective position in the
immediately
preceding elections. However, a majority thereof, including the
Chairman,
shall be members of the Philippine Bar who have been engaged in the
practice
of law for at least ten (10) years.chanrobles virtual law library
Chapter
3THE
FIELD OFFICES
Sec. 11. Field Office of the Commission. - The Commission shall have
the
following field offices:
Title
IIOTHER
BODIES Subtitle
ACOMMISSION
ON HUMAN RIGHTS
Sec. 1. Composition and Qualification. - The Commission on Human Rights
shall be composed of a Chairman and four (4) Members who must be
natural-born
citizens of the Philippines and, at the time of their appointment, at
least
thirty-five years of age, and must not have been candidates for any
elective
position in the elections immediately preceding their appointment.
However,
a majority thereof shall be members of the Philippine Bar.chanrobles virtual law library
Subtitle
BOFFICE
OF THE OMBUDSMAN
Sec. 1. Composition. - (1) The Office of the Ombudsman shall be headed
by the Ombudsman, to be known as the Tanod-bayan, who shall be assisted
by one overall Deputy and at least by one Deputy each for Luzon,
Visayas
and Mindanao. A separate Deputy for the military establishment may
likewise
be appointed.chanrobles virtual law library
Subtitle
CTHE
NATIONAL ECONOMIC AND DEVELOPMENT AUTHORITY Chapter
1GENERAL
PROVISIONS
Sec. 1. Declaration of Policy. - The State shall ensure that all
socio-economic
programs and activities of the government shall be programmed within
the
context of well-formulated and consistent long, medium, and short-term
development plans and policies to promote both the growth of the
economy
and the equitable distribution of the benefits of such growth to the
members
of society. To this end, it is recognized that the formulation of the
required
socio-economic development policies and plans is a vital process that
calls
for the participation of the various government agencies and private
sector
institutions and individuals concerned, both on national, regional, and
local levels. This process of policy and plan formulation, however
needs
to be coordinated closely by a central government agency to ensure
consistency
of these plans and policies and optimal use of the nation's scarce
resources.chanrobles virtual law library
Chapter
2NEDA
BOARD
Sec. 5. Composition of the NEDA Board. - The NEDA Board shall be
composed
of the following:
Chapter
3NEDA
SECRETARIAT
Sec. 8. The NEDA Secretariat. - The Secretariat of NEDA shall have the
following functions:
Chapter
4ATTACHED
AGENCIES
Sec. 16. Retained Agencies. - The following agencies, currently
attached
to the Authority, shall continue to be so attached for purposes of
supervision;
(1) Philippine Institute for Development Studies:
(2) Philippine National Volunteer Service Coordinating
Agency; and
(3) Tariff Commission.chanrobles virtual law library
The Authority shall arrange for the transfer of the functions of the
following
agencies to the Regional Development Councils concerned or other
agencies
as may be appropriate:
(1) Kalinga Special Development Region;
(2) Laguna Lake Development Authority;
(3) Leyte Sab-A Basin Development Authority.chanrobles virtual law library
The National Council for integrated Area Development (NACIAD) and the
Central
Visayas Regional Projects Office (CVRPO) are hereby transferred to the
Authority which shall, within one (1) year from the date of effectivity
of this Code, recommend their transfer to the appropriate department in
conjunction with the Department of Budget and Management. The Authority
shall further review the functions and activities of all other
Integrated
Area Development programs and projects and any other programs requiring
multi-sectoral and/or multi-disciplinary approaches in order to
recommend
the appropriate disposition and supervision of the same.chanrobles virtual law library
The Authority shall furthermore review the mandate, objectives and
functions
of all development authorities in order to recommend such dispositions
or revisions of their charters, as may be deemed advisable.
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