Constitutional

Commissions
The Independent Constitutional Commissions
are the Civil Service Commission, Commission
on Elections and the Commission on Audit.
General Provisions
Safeguards insuring the independence of the
Commissions:
 Constitutionally created, may not be abolished by
statute
 Each is expressly described as “independent”
 Each is conferred certain powers and functions which
cannot be reduced by statute
 Chairmen and members cannot be removed except
by impeachment
 Long term of office (7 years)
 Chair and members may not be reappointed or
appointed in acting capacity
Brillanetes v. Yorac : the desigantion of
Commissioner Yorac as acting Chair of the
COMELEC was a violation of this provision
Matibag v. Benipayo: when an ad interim
appointment( Chair of the COMELEC) is not
confirmed (by-passed) another ad interim
appointment may be extended to the
appointee without violating the Constitution.
The automatic release of approved annual
appropriations to the commissions,
constitutional commissions vested with fiscal
autonomy, should thus be construed to mean
that no condition to fund releases to it may be
imposed.
Each Commission may promulgate its own
procedural rules, provided that they do not
diminish, increase or modify substantive rights
Commission may appoint their own officials
and employees in accordance to Civil Service
Laws
Chair and members thereof are subject to
certain disqualifications calculated to
strengthen their integrity
Inhibitions and
Disqualifications
Shall not, during tenure, hold any other
office/employment
Shall not engage in the practice of any
profession
Shall not engage in active management or
control of any business which in any way may
be affected by the functions of his office
Shall not financially be interested, directly or
indirectly, in any contract with, or in any
franchise or privilege granted by the
Government, any of its subdivisions, agencies
or instrumentalities, including GOCC or their
Rotational Scheme of appointments
The first appointees shall serve terms of
Seven, Five and three years respectively. After
the first commissioners are appointed, the
rotational scheme is intended to prevent the
possibility of one president appointing all the
commissioners
Decisions of the
Each Commission shall decide by a majority
vote of all the members any case or matter
brought before it within 60 days from date of
submission
Take note :majority vote of ALL its members
Any decision, order or ruling of Each
Commission may be brought to the Supreme
Court on Certiorari by the aggrieved party
within 30 days from receipt of a copy thereof.
CIVIL SERVICE COMMISSION

Composition
1 chairman
2 commissioners
Qualifications
a. Natural-born citizen
b. At least 35 years old at the time of appointment
c. With proven capacity for public administration
d. Not a candidate in any election immediately
preceding the appointment.
Term
7 years without reappointment
Objectives
As the Central personnel agency of the
government, to establish a career service and
adopt measures to promote morale, efficiency,
integrity, responsiveness, progressiveness and
courtesy in the civil service. To strengthen the
merit and rewards system, integrate all human
resources development programs for all levels
and ranks, and to institutionalize a
management climate conducive to public
accountability
Civil Service Commission enjoys a wide latitude
of discretion and may not be compelled by
mandamus to issue eligibility
CSC has the power to hear and decide admin
cases instituted before it directly or by appeal,
including contested appointments.
The Commission has jurisdiction to hear and
decide a complaint for cheating in the Civil
Service exam. (Cruz vs CSC)
Scope of Civil Service
Embraces all branches, subdivisions,
instrumentalities and agencies of the
Government, including GOCC with original
charters
Cases:
National Housing Corp vs Juco
National Service Corp vs NLRC
Classes of Service
a. Career service – characterized by:
i. Entrance based on merit and fitness to be determined
by competitive examination or based on highly technical
qualifications.
ii. Opportunity for advancement;
iii. Security of tenure (no officer or employee of the civil
service shall be removed or suspended except for cause
provided by law)
b. Non-career Service –
characterized by:
i. Entrance on bases other than those of usual tests
utilized for career service.
ii. Tenure limited to period
Career Service Includes:
Open Career positions, where prior qualification in
an appropriate examination is required
Closed Career position: highly technical, scientific
in nature
Career Executive Service: usecs, bureau directors
Career Officers: Career Executive appointed by
President
Position in the Armed Forces(governed by separate
merit system
Personnel of GOCC with original charters
Permanent laborers, whether skilled or semi-skilled
or unskilled
Security of tenure in Career Executive Service
two requisites must concur:
1 career executive service eligibility
2 appointment to the appropriate career
executive service rank
Thus a career executive service officer may be
transferred or reassigned from one position to
another without losing rank which follows him
wherever he is transferred or reassigned.
(General Vs Roco)
Non career service : tenure limited to a specified
period or which is co-terminus with that of
appointing authority or subject to his pleasure, or
which is limited to the duration of a particular
project
Examples:
1.elective officials and their staff
2.Deaprtment heads and cabinet who hold office at
the pleasure of the president
3. Chairmen and members of commission and boards
with fixed term of office and their staff
4.Contractual personnel/specific undertaking only
5. Emergency and seasonal personnel
Appointments in the Civil Service: made only in
according to merit and fitness to be
determined, as far as practicable, and, except
to positions which are policy determining,
primary confidential or highly technical by
competitive exam [sec2(2), Art IX-B]
Policy Determining – lays down principal or
fundamental guidelines or rules; formulates
method of action.
Primarily Confidential –primarily close intimacy
which insures freedom of intercourse without
embarrassment of freedom from misgivings or
betrayals on confidential matters of state; or
one declared to be so by President upon
recommendations of CSC
Highly Technical – requires possession of
technical skill or training in supreme or superior
degree. (De los Santos v. Mallare, 87 Phil 289)
Discretion of the Appointing
Authority
Even in the career service of the Civil service,
where the appointee possesses the minimum
qualification requirements prescribed by law for
the position, the appointing authority has
discretion who to appoint
Even if officers and employees in the Career
Service enjoys the right of preference in
promotion, it is not mandatory that the
vacancy be filled by promotion (appointing
authority should be allowed the choice of men
of his confidence, provided they are qualified
and eligible)
The discretion of the appointing authority is
not only in the choice of the person who is to
be appointed, but also in the nature or
character of the appointment issued

ROLE of the CSC: in Lopez vs CSC: “All that the

commission is authorized to do is to check if
the appointee possesses the qualifications and
appropriated eligibility: If he does, his
appointment is approved, if not, it is
disapproved”
Disqualifications:
A) 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 Gocc or any of its subsidiaries
B) No elective official shall be eligible for
appointment or designation in any capacity to
any public office or position during his tenure
Flores vs. Drilon – declared as unconstitutional
the law creating SBMA which mandated the
appointment of the City Mayor as the
FirtsAdministrator
C) Unless otherwise allowed by law or by the
primary functions of his position, no appointive
official shall hold any other office or
employment in the government or any
subdivision, agency or instrumentality thereof
including gocc and their subsidiaries
Civil Liberties Union vs. Executive Sec.
Security of Tenure
No officer or employee of the Civil Service shall
be removed or suspended except for cause
provided by law
Grounds and procedure for investigating of
charges and discipline of officers and
employees are provided in the Civil Service
Law. Non-compliance therewith constitutes a
violation of the right to security of tenure
A presidential appointee is under the direct
disciplinary authority of the President
Uncontested transfer of the officer, resulting in
demotion in rank and salary is a violation of
security of tenure(Palma-Fernandez vs. De la
Paz) but where the appointment of a principal
does not refer to any particular school, re-
assignment does not offend the constitutional
guarantee. (DECS vs. CA)
When an employee is illegally dismissed, and
his reinstatement is later ordered by the court,
for all legal intents and purposes he is
considered as not having left his office, and not
withstanding the silence of the decision, he is
entitled to payment of back salaries (del
Castillo vs CSC)
But where the reinstatement is ordered by the
court not as the result of exoneration but
merely an act of liberality of the Court, the
claim for backwages was not alloed.
Valid abolition of office does not violate the
constitutional guarantee of security of tenure,
however, pretended abolition of office is a
flimsy excuse to justify dismissal
N.B. It is well settled that he who, while
occupying one office, accepts another
incompatible with the first office vacates the
first office and his title terminated without any
other act or proceeding.
Partisan Political Activities: No officer or
employee in the Civil Service shall engage,
directly or indirectly in any electioneering or
partisan political campaign.
Exempt from this provision are members of the
Cabinet and public officers and employees
holding political offices(Santos v. Yatco)
Right to Self Organization: The Right to self-
organization shall not be denied to government
employees. (Sec 2(5), Art IX-B)
However, government employees may not
engage in strikes to demand changes in the
terms and condition of employment because
the terms and condition of employment are
provided for by law.
Double Compensation. “No elective or
appointive public officer or employee shall
receive additional, double or indirect
compensation, unless specifically authorized by
law, nor accept without the consent of
Congress, any present, emoluments, office or
title of any kind from any foreign government.
Pension and gratuities shall not be considered
additional double or indirect compensation
Quimson v. Ozaeta
Commission on Elections
Composition
 1 chairman
 6 commissioners
Qualifications
 a. Natural-born citizen
 b. At least 35 years old at the time of appointment
 c. College degree holder
 d. Not candidate in election immediately preceding the
appointment
 e. Majority, including the chairman, must be members of the
Philippine Bar who have been engaged in the practice of law
for at least 10 years
Term
 7 years without reappointment
Powers and Functions of
COMELEC
i. Enforce and administer law and regulations
relative to conduct of elections, plebiscite,
initiative, referendum or recall
ii. Exclusive original jurisdiction over all
contests relating to election, returns and
qualifications of all elective regional, provincial,
and city officials
iii. Exclusive appellate jurisdiction over all
contests involving elective municipal officials
decided by RTC, or involving elective barangay
officials by MTC
iv. Decide, except those involving right to vote, all
questions affecting elections, including the
determination of number and location of polling
places, appointment of election officials and
inspectors and registration of voters
v. Deputize, with concurrence of President, law
enforcement agencies and instrumentalities for
exclusive purpose of insuring free, orderly, honest,
peaceful and credible elections
vi. Register, after sufficient publication, political
parties, organizations or coalitions which must
present their platform or program of government;
vii. File upon verified complaint or motu propio
petitions in court for inclusion or exclusion of
voters; investigate and, where appropriate ,
prosecute cases of violations of elections laws
viii.Recommend to Congress effective
measures to minimize election spending,
limitation of places and prevent and penalize
all forms of election frauds, offenses,
malpractice and nuisance candidates
ix. Submit to President and Congress,
comprehensive reports on conductof each
election, plebiscite, initiative, referendum or
recall.
En Banc and Division
cases
Cases which must first be heard and decided
by division:
All election cases, including pre-proclamation
contests, cognizable by the Commission in the
exercise of its powers under Sec2(2) Art IX-C.
In Sarmiento vs Comelec- Supreme court set
aside the resolution of the COMELEC because
the COMELEC en banc took original cognizance
of the case without referring them first to the
appropriate division.
Jurisdiction over a petition to cancel a
certificate of candidacy rest within the division
Petition for certiorari filed with the commission
from a decision of the RTC (MTC) is likewise to
be resolved by a division before the same may
be heard en banc.
Exceptions:
Petition for correction of manifest errors,
merely requires clerical correction without
opening the ballot only exercise administrative
power hence, en banc may properly assume
Power of Comelec to prosecute cases of
violation of election laws involves the exercise
of administrative power which may directly by
exercised by the Comelec en banc.
The Rule that all election cases, including pre-
proc cases, should first be heard and decided
by COMELEC in division applies ONLY when
COMELEC exercises its adjudicatory or quasi-
judicial function and NOT when it exercises
purely administrative functions (Municipal
Board of canvassers vs COMELEC)
Commission on Audit
Composition
1 chairman;
2 commissioners.
Qualifications
a. Natural-born citizen
b. At least 35 years old at the time of appointment
c. CPA’s with at least 10 years auditing experience or
members of the Bar with at least 10 years practice of
law; at no time shall all members belong to the same
profession
d. Not a candidate in election immediately preceding
appointment.
Term
7 years without reappointment.
Powers and Duties of COA
a. Examine, audit and settle all accounts pertaining
to revenue and receipts of, and expenditures or
uses of funds and property owned or held in trust
or pertaining to government
b. Keep general accounts of government and
preserve vouchers and supporting papers
c. Authority to define scope of its audit and
examination, establish techniques and methods
required therefor
d. Promulgate accounting and auditing rules and
regulations, including those for prevention and
disallowance.