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AllBar 2024POLITICAL AND PUBLIC INTERNATIONAL LAWV. CONSTITUTIONAL COMMISSIONS (1987 Constitution, Art. IX)B. Composition and Qualifications of Members (1987 Constitution, Art. IX-B, sec. 1, Art. IX-C, sec. 1, Art. IX-D, sec. 1)

Question

V. CONSTITUTIONAL COMMISSIONS - B. Composition and Qualifications of Members

1. The Constitutional Commissions play a vital role in ensuring accountability and transparency in the government. Each commission has specific compositions and qualifications for its members. In relation to this, consider the following scenarios:

a) The Commission on Elections (COMELEC) is seeking nominations for a new commissioner. The President, as mandated by the Constitution, shall appoint a nominee from a list of recommended candidates provided by the Judicial and Bar Council (JBC). However, the President is not bound to appoint any of the recommended candidates and may choose a nominee not on the list. Discuss the composition and qualifications of a COMELEC commissioner as provided in the 1987 Constitution, and the role of the JBC in the appointment process.

b) The Commission on Audit (COA) is composed of a chairperson and two Commissioners, all of whom must be Certified Public Accountants (CPAs) with at least ten years of auditing experience. The incumbent chairperson is retiring, and the COA is now looking for a suitable replacement. The COA received applications from various individuals, including a highly qualified accountant who has been practicing in private auditing firms for more than 15 years but does not have a CPA license. Discuss the qualifications required for a COA chairperson and the importance of having CPAs in the Commission.

c) The Civil Service Commission (CSC) is responsible for the recruitment, examination, and appointment of government personnel, as well as the enforcement of rules and regulations concerning government employees. One of the qualifications for a CSC commissioner is that he or she must not have been a candidate for any elective position in the immediately preceding election. Mr. Santos, a former senator, has submitted his application to become a CSC commissioner. Analyze whether Mr. Santos is qualified for the position based on the stated qualification and provide a reasoned explanation for your conclusion.

Consider the given scenarios and provide a comprehensive discussion on the composition and qualifications of members of the Constitutional Commissions mentioned, as provided in the 1987 Constitution.




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Bar Review Question: V. CONSTITUTIONAL COMMISSIONS - B. Composition and Qualifications of Members 1. The Constitutional