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Pas Report

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0% found this document useful (0 votes)
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Pas Report

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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You are on page 1/ 39

THE REGULATORY SUBSYSTEM

CONSTITUTIONAL COMMISSION
THE ACCOUNTABILITY
SUBSYSTEM
THE REGULATORY
SUBSYSTEM
THE REGULATORY SUBSYSTEM
The regulatory subsystem is one of
the four subsystems of the Philippine
administrative system, which is
responsible for regulating and
monitoring the activities of other
subsystems.
It is composed of various regulatory agencies, such as the:

Securities and Exchange Commission (SEC)


The Securities and Exchange Commission (SEC) is the national government
regulatory agency in the Philippines that supervises the corporate sector, the
capital market participants, and the securities and investment instruments
market, and protects the investing public . The SEC was created on October
26, 1936, by Commonwealth Act (CA) 83, also known as The Securities
Act, to regulate the sale and registration of securities, exchanges, brokers,
dealers, and salesmen. The Commission has been tasked with supervising
more than 600,000 active corporations and evaluating the financial
statements filed by all corporations registered with it. It also develops and
regulates the capital market, a crucial component of the Philippine financial
system and economy.
Bangko Sentral ng Pilipinas
The Bangko Sentral ng Pilipinas (BSP) is the central bank
of the Republic of the Philippines. It was established on 3
July 1993 pursuant to the provisions of the 1987
Philippine Constitution and the New Central Bank Act of
1993. The BSP took over from Central Bank of
Philippines, which was established on 3 January 1949, as
the country’s central monetary authority. The BSP enjoys
fiscal and administrative autonomy from the National
Government in the pursuit of its mandated responsibilities.
Department of Trade and
Industries
The Department of Trade and Industry (DTI) is
the executive department of the Philippine
government that is responsible for promoting the
growth of businesses and industries in the
country. The DTI is also tasked with advancing the
rights and responsibilities of consumers.
These agencies are tasked with ensuring that the
other subsystems operate within the legal
framework and comply with the rules and
regulations set by the government.
CONSTITUTIONAL
COMMISSION
CONSTITUTIONAL COMMISSION
The 1987 Constitution of the Philippines established three
Constitutional Commissions that are independent of the three
branches of government - Legislative, Executive, and
Judicial. These are the Civil Service Commission (CSC),
Commission on Elections (Comelec), Commission on
Audit (COA), and Commission on Human Rights (CHR).
These commissions have fiscal autonomy and the power to
appoint their own personnel. The chairs and commissioners
of these constitutional commissions serve for 7 years without
reappointment.
Why Independent?
They perform vital functions of government.

Their integrity is protected by the fact that they:


1) Are constitutionally created (Sec. 1)
2) Have independent powers of appointment (Sec. 4)
3) Each commission may promulgate its own procedural rules
(Sec. 6)
4) Have fiscal autonomy (Sec. 5)
5) Salaries may not be diminished during their office (Sec. 3)
6) Commissioners have a fixed term
7) Commissioners are removable by impeachment only
Civil Service Commission (CSC)

The Civil Service refers to the body


of employee in any government
agency including all employees of
the government in general.
Functions:
1.) Administer and enforce the constitutional and statutory provisions of the
merit system.
2.) Prescribe, amend, and enforce suitable rules and regulations for carrying
into effect the provisions the Decree.
3.) Promulgate policies, standards, and guidelines for the Civil Service adopt
plans and programs to promote economical, efficient personnel administration
in the government.
4.) Supervise and coordinate the conduct of civil service examinations.
5.) Approve appointments, whether original or promotional, to positions in the
civil service.
6.) Inspect and audit periodically the personnel work programs of the different
departments, bureaus, office, agencies and other instrumentalities of the
government.
Number of Commissioners:
Civil Service Commission is composed of a Chairman and
two Commissioners.

Qualifications:
1.) They must be natural-born citizens of the
Philippines.
2.) They must be at least 35 years of age at the time of
their appointment (rather than assumption of office).
3.) They must be persons with proven capacity for public
administration. Knowledge of law or experience in the practice of law
is not required by the Constitution presumably because the position
calls more for administrative ability rather than legal competence.
4.) There must be a showing that they have been in the service as an
effective public administrator. This is necessary because the
Commissioners are responsible for an agency that performs
significant functions.
5.) They must not have been candidates for any elective position in
the elections immediately preceding their appointment. This
requirement insures the political neutrality of prospective appointees
and effectively precludes the appointment of political lameducks.
Commission on Elections
Term:
7 years of term without reappointment.

Functions:
1.) Enforce and administer all laws related to the conduct of
elections, plebiscite, referendum and recall.

2.) Judge all contests relating to elections, results, and qualifications


of all elective regional and provincial and city officials
3.) Deputize law enforcement agencies of the Government,
including the Armed Forces of the Philippines to ensure free,
orderly and honest elections

4.) register and accredit political parties

5.) recommend to the Congress effective measures to minimize


expenses and prohibit all forms of election frauds and
malpractices, political opportunism, guest or nuisance candidacy or
other similar acts

6.) Submit reports to the President, the Congress on the conduct of


each election, plebiscite, referendum or recall.
Number of Commissioners:
The Commission on Elections is composed of a Chairman
and 6 Commissioners
Qualifications:
1.) They must be natural-born citizens of the Philippines.
2.) They must be at least 35 years of age at the time of their
appointment.
3.) They must be at least holders of a college degree.
4.) They must not have been candidates for any elective
positions in the immediately preceding elections.
Commission On Audit
Term:
7 years of term without reappointment.

Functions:
1.) Examine, audit, and settle, in accordance with the law
and regulations, all accounts pertaining to the revenues and
receipts of aid expenditures or uses of funds and property
of the government and all government-owned or controlled
corporations;
2.) Submit to the President and the Congress an annual
financial report of the government including government-
owned or controlled operations, and recommend measures
necessary to improve their efficiency and effectiveness.

Number of Commissioners:
The Commission on Audit is composed of a Chairman and
2 Commissioners
Qualifications:
1.) They must be natural-born citizens of the Philippines.
2.) They must be at least 35 years of age at the time of
their appointment.
3.) They must be certified public accountants with not less
than 10 years of auditing experience or members of the
Philippine Bar who have engaged in the practice of law for
10 years.
4.) They must not have been candidates for any elective
position in the elections preceding their appointment.
Commission On Human Rights
The Commission on Human Rights (CHR) is an independent National Human
Rights Institution (NHRI) created under the 1987 Philippine Constitution,
established on 05 May 1987 by virtue of Executive Order No. 163.
The Commission is mandated to conduct investigations on human rights
violations against marginalized and vulnerable sectors of the society, involving
civil and political rights.
CHR is an “A” accredited NHRI, fully complying with the Paris Principles
adopted by the United Nations General Assembly in 1995. As an NHRI, the
Commission upholds six fundamental characteristics — independence,
pluralism, broad mandate, transparency, accessibility, and operational efficiency.
The Commission commits to deliver prompt, responsive, accessible, and
excellent public ser vice for the protection and promotion of human rights in
accordance with universal human rights principles and standards.
Functions:
1) Investigate, on its own or on complaint by any party, all forms of
human rights violations involving civil and political rights;
2) Adopt its operational guidelines and rules of procedure, and cite for
contempt for violations thereof in accordance with the Rules of Court;
3) Provide appropriate legal measures for the protection of human rights
of all persons within the Philippines, as well as Filipinos residing
abroad, and provide for preventive measures and legal aid services to
the under-privileged whose human rights have been violated or need
protection;
4) Exercise visitorial powers over jails, prisons, or detention facilities;
5) Establish a continuing program of research, education, and
information to enhance respect for the primacy of human rights;
6) Recommend to Congress effective measures to promote human rights
and to provide for compensation to victims of violations of human
rights, or their families;
7) Monitor the Philippine Government's compliance with international
treaty obligation on human rights;
8) Grant immunity from prosecution to any person whose testimony or
whose possession of documents or other evidence is necessary or
convenient to determine the truth in any investigation conducted by it or
under its authority;
9) Request the Assistance of any department, bureau, office, or agency
in the performance of its functions;
10) Appoint its officers and employees in accordance with law; and
11) Perform such other duties and functions as may be provided by law.
Number of Commissioners:
The Commission on Human Rights is composed of a
Chairman and 4 Commissioners

Qualifications:
1.) They must be natural-born citizens of the Philippines.
2.) They must be at least 35 years of age at the time of their
appointment.
3.) They must not have been candidates for any elective
position in the elections preceding their appointment.
The Accountability Subsystems
The Philippine Administrative System (PAS) is a
complex and multi-layered system that involves
various subsystems, including the accountability
subsystem .

Accountability refers to the condition in which


individuals who exercise power are constrained
by external means and internal norms. It is a
mechanism that ensures that public officials are
responsible for their actions and decisions .
Political and Administrative
Accountability
The political-administrative continuum is a concept
that explains the relationship between elected officials
and public administrators. Elected officials are
politically accountable to their constituencies, while
public administrators are accountable to elected
officials. The accountability subsystem in the
Philippine administrative system is composed of
various mechanisms, such as the Civil Service
Commission (CSC), the Office of the Ombudsman,
The CSC is responsible for ensuring that public officials
are appointed based on merit and fitness, and that they
perform their duties efficiently and effectively. The Office
of the Ombudsman is responsible for investigating
complaints against public officials who have committed
offenses in relation to their duties. The COA is responsible
for auditing government agencies to ensure that they use
public funds properly and efficiently.
Four Types of Accountability
TYPES OF
ACCOUNTABILITY
Individual Accountability
Accountability of
Administrators
Political Accountability
Accountability of National
Leaders
Four Types of Accountability
Individual
Accountability

Individual accountability refers to the


responsibility of public employees to perform
their tasks efficiently and effectively.
Four Types of Accountability
Accountability of
Administrators

Accountability of administrators refers to the


checks and balances in an organization through
which an administrator accounts for his or her
stewardship of resources or authority.
Four Types of Accountability
Political
Accountability

Political accountability refers to the


responsibility of elected officials to be
accountable to the people who elected them .
Four Types of Accountability
Accountability of National
Leaders
Accountability of National Leaders refers to the responsibility of
national leaders to be accountable for their actions and decisions.
Accountability of National Leaders elected national leadership
must answer for the performance in pursuing their programs of
government and their use of national resources, given the
authority, power and resources vested in them by their
constituency.
Four Types of Accountability
TYPES OF
ACCOUNTABILITY
Political Accountability
Administrative
Accountability
Legal Accountability

Social Account
Four Types of Accountability
Political
Accountability

Political Accountability refers to the


responsibility of elected officials to their
constituents.
Four Types of Accountability
Administrative
Accountability

Administrative Accountability refers to the


responsibility of public officials to their
superiors and the public they serve.
Four Types of Accountability
Legal Accountability

Legal Accountability refers to the responsibility


of public officials to comply with laws and
regulations.
Four Types of Accountability
Social Accountability

Social Accountability refers to the


responsibility of public officials to be
responsive to the needs and demands of civil
society.
THANK YOU !!!
Philippine Administration System
Reported by Ma. Isabel T. Mangosing

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