THE CONSTITUTIONAL COMMISSIONS
decision or resolution. A case or matter is deemed submitted for decision or resolution upon the filling of the last pleading, brief, or memorandum required by the rules of the Commission or by the Commissi Commission on itself. itself. Unless Unless otherwise otherwise provided by this Constitution or by law, any decision, order, or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from receipt of a copy thereof.
Independent Constitutional Commissions: 1. Civi Civill Ser Servi vice ce Comm Commis issi sion on 2. Comm Commis issi sion on on Elec Electi tion ons s 3. Comm ommiss ission ion o Audi udit Guarantees of Independence: Independence: They are constitutionally created; may not be abolished by statute. Each Each is conf confer erre red d cert certai ain n powe powers rs and and func functi tion ons s whic which h cann cannot ot be redu reduce ced d by statute. Each expressly described as independent. •
The Civil Service Commission
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A.
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Scop cope of Civil vil Servi ervice ce – Artic rticlle INJU INJUR RY-B, -B, Section 2(1) The The Chai Chairm rman an and and the the Comm Commis issi sion oner ers s shall be appointed by the President with the consent of the Commission on Appoin Appointm tments ents for a term term of seven seven years years with withou outt reap reappo poin intm tmen ent. t. Of thos those e firs firstt appointed, appointed, the Chairman Chairman shall hold office for seven years, a Commissioner for five years, and another Commissioner for three years without without reappointm reappointment. ent. Appointmen Appointmentt to any vac vacanc ancy shal hall be only nly for for the unexpired term of the predecessor. In no case case shall shall any Member Member be appoin appointed ted or desi design gnat ate ed in a tempo emporrary ary or acti acting ng capacity.
Appointment & term: Chairmen and members are given fairly long term of office for seven (7) years. Chairmen and members cannot be removed except by impeachment. Chairmen and members may not be reappointed or appointed in an acting capacity. •
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ROTATIONAL SCHEME: Vacancies: Commissions may appoint their own officials and employees in accordance with Civil Service Law. •
Disqualifications:
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Embr Embrac aces es all all branc branche hes, s, subdi subdivi visi sion ons, s, inst instru rume ment ntal alit itie ies s and and agen agenci cies es of the the Government, including government-owned and contro controlle lled d corpor corporati ations ons with with origin original al charters.
Articl ticle e IX Sec. Sec. 2: No membe emberr of a Cons onstit tituti utional onal Commission shall, during his tenure, hold any other office or employment. Neither shall he engage in the practice of any prof profes essi sion on or in acti active ve mana managem gemen entt or cont contro roll of any any business which in any way may be affected by the functions Composition: of his office, nor shall he be financially interested, directly or 1 Chairman indi indire rect ctly ly,, in any any cont contra ract ct with with,, or in any any franc franchi hise se or 2 Commissioners pri privile vilege ge gran grantted by the the Gover overnm nmen entt, any any of its subdivisions, agencies, or instrumentalities. instrumentalities. Qualifications: 1. Natur atural al-b -bor orn n cit citizen izen Salary/removal/ appointment of personnel: 2. At leas leastt 35 year years s of age age at at the the time time of appoin appointme tment nt 3. With With prove proven n capac capacity ity for publi public c admin administ istrat ration ion Salaries of chairmen and members are relatively 4. Not Not a candi candida date te for for any elec electi tive ve posi positi tion on in the the high and may not be decreased during continuance election immediately preceding the appointment. in office. Chai Chairm rmen en and and memb member ers s are are subj subject ect to cert certai ain n Classes of Service: disqua disqualif lifica icati tions ons calcul calculate ated d to streng strengthe then n their their integrity. •
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Fiscal Autonomy: •
Commissions enjoy fiscal autonomy. CHR Employees Association vs. CHR The Commission on human Rights, unlike the three Constitutional Commissions, does not enjoy fiscal autonomy.
Submission of Reports and Recommendations: Speedy disposition of cases apply to them •
Rule Making: •
Each ach comm ommissi ssion may prom promul ulga gatte its its proc proced edur ural al rule rules s conc concer erni ning ng plea pleadi ding ngs s practices before it or before any of its office.
own own and and
Appeals: Each Commission shall decide by a majority vote all of its Members any case or matter brought before it within sixty days from the date of its submission for
B.
Terms erms and condi conditi tion ons s of emplo employm ymen entt in the the Civil Service
1.
Oath Oath and and allegi allegianc ance e to the Const Constitu itutio tion: n:
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Article IX-B Sec 4: All public officers and employees shall take oath or affirmat affirmation ion to uphold uphold and defend this Constitution. Prepared by: Edcel Quiben, Jilliane Oria, Madelyn Taytayon and Prince Lising
2.
Merit System: Article IX-B, Section 3: The The Civi Civill Serv Servic ice e Comm Commis issi sion on,, as the the cent centra rall pers person onne nell agen agency cy of the the Gove Govern rnme ment nt,, shal shalll establish a career service and adopt measures to promote morale, efficiency, integrity, responsive responsiveness, ness, progressiv progressiveness eness and courtesy courtesy in the civil service. It shall strengthen the merit and reward rewards s system system,, integr integrate ate all human human resour resources ces development programs for all levels and ranks, and institutionalize a management climate conducive to public accountability. It shall submit to the President and the Congress an annual report on its personnel programs.
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Appo Appoin intm tmen entt of lam lamed educ ucks ks:: Article IX-B Sec 6 No candidate who has lost in any election shall, within one year after such election, be appointed to any office in the Government or any governmentowned or controlled corporations or in any of their subsidiaries.
Article IX-B, Section 2(4): No Officer or employee of the civil serv servic ice e shal shalll enga engage ge,, dire direct ctly ly or indi indire rect ctly ly,, in any any electioneering or partisan political campaign. 8. Removal or suspension only only for cause Article IX-B Section 2(3): No officer or employee of the civil service shall be removed or suspended except for cause provided by law. 9. Summary removal 10. Right of self organization The The right right to self self-o -org rgan aniz izat atio ion n shal shalll not not be deni denied ed to government employees. 11. Review of the decisions of CSC Power to approve/disapprove appointments:
The authority of CSC to approve appointment – to check whether whether or not the appointee possesses possesses the appropriate appropriate civil service eligibility or the required qualification – does not include the authority the authority to make the appointment itself itself or to direct direct the appointi appointing ng author authority ity to change change the employme ment nt status status of an emplo employee yee.. The CSC can only only 4. Appointment and designation of employ requir req uire e into int o the eligibil eligi bilit ity y of the person perso n chosen cho sen to fill fil l a elective/appointive elective/appointive officials position and if it finds the person qualified, it must so attest. If not, the appointment must be disapproved. Article IX-B Sec 7 No vot votes cast ast in favor avor of a pol politi itical part arty, organization or coalition shall be valid except for 12. Fiscal independence those those regist registere ered d under under the partyparty-li list st system system as The The Comm Commis issi sion on shal shalll enjo enjoy y fisc fiscal al auto autono nomy my.. Thei Their r provided by the Constitution. approved annual appropriations shall be automatically and regularly released. 5. Exempt Exemptio ions ns from from the the exam exam requir requireme ement nts: s: 1.
2.
Polic olicyy-de dete term rmin inin ing g Posi Positi tion on – one one char charge ged d with with laying down of principal or fundamental guidelines or rules Prim Primar aril ily y Conf Confid iden enti tial al Posit Positio ion n – one denoti denoting ng not only confidence in the aptitude of the appointee for the duties of the office but primarily close which ensures ensures freedom freedom from misgiving misgiving or betrayals betrayals of personal trust on confidential matters of state, or one one decl declar ared ed to be so by the the Pres Presid iden entt upon upon recommendation of the Civil Service Commission. Highl Highly y Techni Technical cal Posi Positio tion n - requi requires res the the appoi appointe ntee e to possess technical skill or training in the supreme or superior degree.
The Commission on Elections Composition: Composition : One (1) chairman Six (6) Commissioners
Qualifications: 1. Natural-born citizen 2. At least 35 years of age at the time of appointment 3. With proven capacity for public administration 4. Not a candidate for any elective position in the election 3. immediately preceding the appointment. 5. Majority must be members of the Philippine Bar who have been engaged in the practice of law for at least ten 6. Stand andard ardizat izatio ion n of pay and and ban on double years. compensation Appointment, term of office and decisions: Article IX-C, Section 1(2) Article IX-B Section 5 Seven (7) years without reappointment The Congress shall provide for the standardization of comp compens ensat atio ion n of gove govern rnme ment nt offi offici cial als s and and Chairman and Commissioners of employees, employees, including including those those in government government-owne -owned d COMELEC are not subject to or controlled controlled corporations corporations with with original original charters, charters, reappointment taking into account the nature of the responsibilities In no case shall any member be appointed • pertai pertainin ning g to, and the qualif qualifica icatio tions ns requir required ed for or desig designa nate ted d in a temp tempor orar ary y or acti acting ng their positions. capacity. • • •
Article IX-B Section 8: No elective or appointive public officer or employee shal shalll rece receiv ive e addi additi tion onal al,, doub double le or indi indire rect ct compensati compensation, on, unless unless specifical specifically ly authorized authorized by law, aw, nor nor acc accept ept withou thoutt the conse onsent nt of the Congress, any present, emolument, office or title of any kind from any foreign government.
Appointment of personnel Article Article IX-A, IX-A, Section Section 4: The Constitu Constitutiona tionall Commissi Commissions ons shall appoint their officials and employees in accordance with law. Salary
7. Ban or partisan Political activities:
Prepared by: Edcel Quiben, Jilliane Oria, Madelyn Taytayon and Prince Lising
Article IX-A, Section 3: The salary of the Chairman and the Comm Commis issi sione oners rs shal shalll be fixe fixed d by law law and and shal shalll not not be decreased during their tenure.
through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or which are supported by any foreign government shall likewise be refused registration.
Disqualification Article Article IX-A, Section Section 2: No Member Member of the Constitu Constitutiona tionall Commission shall, during his tenure, hold any other office or employment. Neither shall he engage in the practice of any profession or in the active management or control of any business which in any way be affected by the functions of his office, nor shall he be financially interested, directly or indi indire rect ctly ly,, in any any cont contra ract ct with with,, or in any any franc franchi hise se or pri privile vilege ge gran grantted by the the Gover overnm nmen entt, any any of its subdiv subdivisi isions ons,, agenci agencies, es, or instru instrumen mental taliti ities, es, includ including ing govern governmen ment-o t-owne wned d or contro controlle lled d corpor corporati ations ons or their their subsidiaries. Impeachment Article XI, Section 2: A verified complaint for impeachment may be filed by any Member of the House of Repres Represent entati atives ves or by any citize citizen n upon upon a resolu resolutio tion n or endor endorse seme ment nt by any any Memb Member er ther thereo eof, f, whic which h shal shalll be included in the Order of Business within ten session days, and referred to the proper Committ Committee ee within within three three session session days thereafter. The Committee, after hearing, and by a majority vote of all its Members, shall submit its report to the House within sixty session days from such referral, together with the corresponding resolution. The resolution shall be cale calend ndar ared ed for for cons consid ider erat atio ion n by the the Hous House e with within in ten ten session days from receipt thereof. Powers and Functions: (1) Enforce and administer all laws and regulations relati relative ve to the conduc conductt of an elect election ion,, plebis plebiscit cite, e, initiative, referendum, and recall. (2) Exercise exclusive original jurisdiction over all contes contests ts relati relating ng to the electi elections ons,, return returns, s, and qualifications of all elective regional, provincial, and city city offici officials als,, and appell appellate ate jurisd jurisdict iction ion over over all cont contes ests ts invo involv lvin ing g elec electi tive ve muni munici cipal pal offi offici cial als s decide decided d by trial trial courts courts of genera generall jurisd jurisdict iction ion,, or involving elective barangay officials decided by trial courts of limited jurisdiction. Decisions ons, final orders, or rulings of the Commission on election contests involving elective muni munici cipa pall and and bara barang ngay ay offi office ces s shal shalll be final final,, executory, and not appealable.
Financial Financial contribut contributions ions from foreign foreign government governments s and their agencies to political parties, organizations, coal coalit itio ions ns,, or candi candida date tes s rela relate ted d to elect electio ions ns,, constitute interference in national affairs, and, when accept accepted, ed, shall shall be an addit addition ional al ground ground for the canc cancel elllati ation of thei theirr regist gistra rati tio on with ith the Commission, in addition to other penalties that may be prescribed by law. (6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of vote voters rs;; inve invest stig igat ate e and, and, wher where e appr appropr opria iate te,, prosec prosecute ute cases cases of violat violation ions s of electi election on laws, laws, including including acts or omissions omissions constitut constituting ing election election frauds, offenses, and malpractices. (7) Recom ecomm mend end to the Congr ongres ess s eff effecti ective ve measures to minimize election spending, including limitatio limitation n of places places where propaganda materials materials shall be posted, and to prevent and penalize all forms forms of election election frauds, frauds, offenses, offenses, malpracti malpractices, ces, and nuisance candidacies. (8) Recommend to the President the removal of any offi office cerr or empl employ oyee ee it has has depu deputi tize zed, d, or the the imposi impositio tion n of any other other discip discipli linar nary y action action,, for violat violatio ion n or disre disregar gard d of, or disobe disobedie dience nce to, its directive, order, or decision. (9) Submit to the President and the Congress, a comp compre rehe hens nsiv ive e repor reportt on the the cond conduc uctt of each each election, plebiscite, initiative, referendum, or recall. Enforce election laws Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall. recall. Decide Decide administ administrativ rative e question question pertaini pertaining ng election elections, s, except the right to vote Article IX, Sec 2 (3): Decide, except those involving the right to vote vote,, all all ques questi tion ons s affe affect ctin ing g elec electi tion ons, s, incl includ udin ing g determination of the number and location of polling places, appo appoin intm tmen entt of elec electi tion on offi offici cial als s and and insp inspec ecto tors rs,, and and registration of voters.
(3) Decide, except those involving the right to vote, all all ques questi tion ons s aff affecti ecting ng elec electi tion ons, s, incl includ udin ing g Prosecution election law violators determination of the number and location of polling plac places es,, appo appoin intm tmen entt of elec electi tion on offi offici cial als s and and Article IX-C, Sec 2(6): File, upon a verified complaint, or on inspectors, and registration of voters. its own initiative, petitions in court for inclusion or exclusion of voters; voters; investigat investigate e and, where where appropriat appropriate, e, prosecute prosecute (4) Deputize, with the concurrence of the President, case cases s of viol violat atio ions ns of elec electi tion on laws laws,, incl includ udin ing g acts acts or law enforcement agencies and instrumentalities of omissi omissions ons consti constitut tuting ing electi election on frauds frauds,, offense offenses, s, and the Government, including the Armed Forces of the malpractices. Philippines, for the exclusive purpose of ensuring free free,, orde orderl rly, y, hone honest st,, peac peacef eful ul,, and and cred credib ible le Recommend pardon, parole, or suspension of sentence elections. of election law violators Arti Articl cle e IX-C IX-C,, Sec Sec 5: No pard pardon, on, amnes amnesty ty,, paro parole le,, or (5) Register, Register, after sufficient sufficient publicatio publication, n, political political suspension of sentence for violation of election laws, rules, part partie ies, s, orga organi niza zati tions ons,, or coal coalit itio ions ns whic which, h, in and regulations shall be granted by the President without addition to other requirements, must present their the favorable recommendation of the Commission. Commission. platform platform or program program of government government;; and accredit accredit citize citizens' ns' arms arms of the Commis Commissio sion n on Elect Election ions. s. Deputize law enforcement agents: Article IX-C, Sec 2 (4): Religi Religious ous denomi denominat natio ions ns and sects sects shall shall not be registered. Those which seek to achieve their goals Prepared by: Edcel Quiben, Jilliane Oria, Madelyn Taytayon and Prince Lising
(4) Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free free,, orde orderl rly, y, hone honest st,, peac peacef eful ul,, and and cred credib ible le elections. Registration of political parties, organizations/coalitions and accreditation of citizen arms Article IX-C, Section 2(5):
or controlled corporations with original charters, and on a post- audit basis: basis: (a) constituti constitutional onal bodies, bodies, commissi commissions ons and offices that have been granted fiscal autonomy under this this Cons Consti titu tuti tion; on; (b) (b) auto autono nomo mous us stat state e coll college eges s and and univer universit sities ies;; (c) other other govern governmen ment-o t-own wned ed or contro controll lled ed corpor corporati ations ons and their their subsid subsidiar iaries ies;; and (d) such such nonnongovernmental entities receiving subsidy or equity, directly or indir indirect ectly, ly, from from or throug through h the Govern Governmen ment, t, which which are required by law or the granting institution to submit to such audit as a condition of subsidy or equity. However, where the the inte intern rnal al cont contro roll syst system em of the the audi audite ted d agenc agencie ies s is inadequate, inadequate, the Commissi Commission on may adopt such measures, measures, including temporary or special pre-audit, as are necessary and appropriate to correct the deficiencies. It shall keep the general accounts of the Government and, for such period as may be provided by law, preserve the vouchers and other supporting papers pertaining thereto.
(5) Register, Register, after sufficient sufficient publicatio publication, n, political political part partie ies, s, orga organi niza zati tions ons,, or coal coalit itio ions ns whic which, h, in addition to other requirements, must present their platform platform or program program of government government;; and accredit accredit citize citizens' ns' arms arms of the Commis Commissio sion n on Elect Election ions. s. Religi Religious ous denomi denominat natio ions ns and sects sects shall shall not be registered. Those which seek to achieve their goals Composition: Composition : through violence or unlawful means, or refuse to One (1) Chairman uphold and adhere to this Constitution, or which are Two (2) Commissioners supported by any foreign government shall likewise be refused registration. Qualifications : 1. Natural-born citizen Financial Financial contributi contributions ons from foreign foreign government governments s 2. At least 35 years of age at the time of appointment and their agencies to political parties, organizations, 3. CPA CPA with with at leas leastt 10 year years s audi auditi ting ng expe experi rien ence ce or coal coalit itio ions ns,, or cand candid idat ates es rela relate ted d to elec electi tion ons, s, member members s of the Philippi Philippine ne Bar with at least least ten years constitute interference in national affairs, and, when practice of law, at notime shall members belong to the same accept accepted, ed, shall shall be an addit addition ional al ground ground for the position canc cancel elllati ation of thei heir regi regist stra rattion ion with the 4. Not a candidate for any elective position in the election Commission, in addition to other penalties that may immediately preceding the appointment. be prescribed by law. Term: Term: Seven years without reappointment. Registration of public utilities and media information: Article IX-C, Section 4
Powers and duties
Examine, ne, audit audit,, an settle settle all accoun accounts ts pertai pertaini ning ng to Sect Sectio ion n 4. The Comm Commis issi sion on may, may, duri during ng the 1. Exami revenue and receipts of, and expenditures or uses of funds electi election on period period,, superv supervise ise or regula regulate te the enjoym enjoyment ent or and prop proper erty ty owne owned d or held held in trus trustt or pert pertai aini ning ng to utilization of all franchises or permits for the operation of and government. tran transp spor orta tati tion on and and othe otherr publ public ic util utilit itie ies, s, medi media a of Keep genera generall accoun accounts ts of govern governme ment nt and preser preserve ve communication or information, all grants, special privileges, 2. Keep vouchers and supporting papers or conc conces essi sion ons s gran grante ted d by the the Gove Govern rnme ment nt or any any subdivisi subdivision, on, agency, agency, or instrument instrumentalit ality y thereof, thereof, including including 3. Authority to define scope if its audit and examination, any govern governmen ment-o t-own wned ed or contro controlle lled d corpor corporati ation on or its its establish techniques and methods required therefore; and Promul ulga gate te acco accoun unti ting ng and and audi auditi ting ng rule rules s and and subsid subsidiar iary. y. Such Such superv supervisi ision on or regula regulatio tion n shall shall aim to 4. Prom r e gul gu l ati at i ons, on s, i nclu nc ludi ding ng t hos ho s e f or pres pr eser erva vat t ion io n a nd ensure ensure equal equal opport opportuni unity, ty, and equal equal rates rates theref therefor, or, for publ public ic info inform rmat atio ion n camp campai aign gns s and and foru forums ms amon among g disallowance. candidates in connection with the objective of holding free, Jurisdiction of the Commission: orderly, honest, peaceful, and credible elections. law shal shalll be pass passed ed exem exempt ptin ing g any any enti entity ty of the the Decide Decide on election election cases and contest: contest: Article Article IX-C, IX-C, Sec No law Govern Governmen mentt or any invest investmen mentt of public public funds, funds, from from the 2(2): jurisdiction of the COA. 2) Exercise Exercise exclusive original jurisdiction jurisdiction over all Temp Tempor orar ary y or Acti Acting ng capac capacit ity y appo appoin intm tmen entt by the the contests relating to the elections, returns, and qualifications President to the COMELEC, COA, CSC is prohibited y of all elective elective regional, provincial, provincial, and city officials, officials, and the Constitution. appellate appellate jurisdict jurisdiction ion over all contests contests involving involving elective elective muni munici cipa pall offi offici cial als s deci decide ded d by tria triall cour courts ts of gene genera rall jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction. Commission on Audit Powers and functions: functions : Article IX-D, Section 2: The Commission on Audit shall have the power, authority, and and duty duty to exam examin ine, e, audi audit, t, and and sett settle le all all acco accoun unts ts pertaining to the revenue and receipts of, and expenditures or uses of funds and property, owned or held in trust by, or pertaining to, the Government, or any of its subdivisions, agencies, or instrumentalities, including government-owned
Prepared by: Edcel Quiben, Jilliane Oria, Madelyn Taytayon and Prince Lising
