1. Scope

Scope of the Civil Service Commission (BIGAS)

• Branches
• Instrumentalities
• GOCCs with original charters
• Agencies of the government
• Subdivisions

Scope of the VCLT

• The VCLT sets out the law and procedure for the making, operation, and termination of a treaty;
• It does not apply to all treaties, only those between States (Art. 1, VCLT). The negotiating States generally determine a treaty’s substance, subject to limits under the VCLT: a treaty conflicting with a peremptory norm of general international law is void (Art. 53, VCLT), and a treaty becomes void and terminates if a conflicting peremptory norm emerges (Art. 64, VCLT);
• The VCLT as a treaty does not apply retroactively to treaties concluded before its entry into force. Only rules in the VCLT that codify or reflect rules of CIL apply; and
• Because the VCLT resulted from a codification project, many of its rules are consistent with otherwise applicable rules of CIL. (Vienna Convention on the Law of Treaties)

To define the scope and techniques for its own auditing procedures

Civil Service Commission

Scope: All branches, subdivisions, instrumentalities, agencies of the government, including government owned and controlled corporations with original charters.

• “With Original Charter” means that the GOCC was created by special law or by Congress
• If incorporated under the Corporation Code, it does not fall within the Civil Service and is not subject to the CSC jurisdiction
• If previously government-controlled, but is later privatized, it ceases to fall under CSC