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THE CONSTITUTIONAL COMMISSIONS decision or resolution.

A case or matter is deemed


submitted for decision or resolution upon the filling
Independent Constitutional Commissions: of the last pleading, brief, or memorandum required
1. Civil Service Commission by the rules of the Commission or by the
2. Commission on Elections Commission itself. Unless otherwise provided by
3. Commission o Audit this Constitution or by law, any decision, order, or
ruling of each Commission may be brought to the
Guarantees of Independence: Supreme Court on certiorari by the aggrieved party
• They are constitutionally created; may not within thirty days from receipt of a copy thereof.
be abolished by statute.
• Each is conferred certain powers and The Civil Service Commission
functions which cannot be reduced by
statute. A. Scope of Civil Service – Article INJURY-B,
• Each expressly described as independent. Section 2(1)

Appointment & term: The Chairman and the Commissioners


• Chairmen and members are given fairly long term shall be appointed by the President with the
of office for seven (7) years. consent of the Commission on
• Chairmen and members cannot be removed except Appointments for a term of seven years
by impeachment. without reappointment. Of those first
appointed, the Chairman shall hold office
• Chairmen and members may not be reappointed or
for seven years, a Commissioner for five
appointed in an acting capacity.
years, and another Commissioner for three
years without reappointment. Appointment
ROTATIONAL SCHEME:
to any vacancy shall be only for the
unexpired term of the predecessor. In no
Vacancies:
case shall any Member be appointed or
• Commissions may appoint their own officials and
designated in a temporary or acting
employees in accordance with Civil Service Law.
capacity.
Disqualifications:
• Embraces all branches, subdivisions,
instrumentalities and agencies of the
Article IX Sec. 2: No member of a Constitutional
Government, including government-owned
Commission shall, during his tenure, hold any other office or
and controlled corporations with original
employment. Neither shall he engage in the practice of any
charters.
profession or in active management or control of 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
indirectly, in any contract with, or in any franchise or
2 Commissioners
privilege granted by the Government, any of its
subdivisions, agencies, or instrumentalities.
Qualifications:
1. Natural-born citizen
Salary/removal/ appointment of personnel:
2. At least 35 years of age at the time of appointment
3. With proven capacity for public administration
• Salaries of chairmen and members are relatively
4. Not a candidate for any elective position in the
high and may not be decreased during continuance
election immediately preceding the appointment.
in office.
• Chairmen and members are subject to certain Classes of Service:
disqualifications calculated to strengthen their
integrity.

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 commission may promulgate its own
procedural rules concerning pleadings and B. Terms and conditions of employment in the
practices before it or before any of its office. Civil Service

Appeals: 1. Oath and allegiance to the Constitution:


• Each Commission shall decide by a majority vote all
of its Members any case or matter brought before it Article IX-B Sec 4: All public officers and employees
within sixty days from the date of its submission for shall take oath or affirmation to uphold and defend
this Constitution.
Prepared by: Edcel Quiben, Jilliane Oria, Madelyn Taytayon and Prince Lising
Article IX-B, Section 2(4): No Officer or employee of the civil
2. Merit System: service shall engage, directly or indirectly, in any
electioneering or partisan political campaign.
Article IX-B, Section 3:
The Civil Service Commission, as the central 8. Removal or suspension only for cause
personnel agency of the Government, shall
establish a career service and adopt measures to Article IX-B Section 2(3): No officer or employee of the civil
promote morale, efficiency, integrity, service shall be removed or suspended except for cause
responsiveness, progressiveness and courtesy in provided by law.
the civil service. It shall strengthen the merit and
rewards system, integrate all human resources 9. Summary removal
development programs for all levels and ranks, and
institutionalize a management climate conducive to 10. Right of self organization
public accountability. It shall submit to the President
and the Congress an annual report on its personnel The right to self-organization shall not be denied to
programs. government employees.

3. Appointment of lameducks: 11. Review of the decisions of CSC

Article IX-B Sec 6 Power to approve/disapprove appointments:


No candidate who has lost in any election shall,
The authority of CSC to approve appointment – to check
within one year after such election, be appointed to
any office in the Government or any government- whether or not the appointee possesses the appropriate
civil service eligibility or the required qualification – does not
owned or controlled corporations or in any of their
subsidiaries. include the authority the authority to make the appointment
itself or to direct the appointing authority to change the
4. Appointment and designation of employment status of an employee. The CSC can only
elective/appointive officials require into the eligibility of the person chosen to fill a
position and if it finds the person qualified, it must so attest.
Article IX-B Sec 7 If not, the appointment must be disapproved.
No votes cast in favor of a political party,
organization or coalition shall be valid except for 12. Fiscal independence
those registered under the party-list system as
provided by the Constitution. The Commission shall enjoy fiscal autonomy. Their
approved annual appropriations shall be automatically and
5. Exemptions from the exam requirements: regularly released.

1. Policy-determining Position – one charged with The Commission on Elections


laying down of principal or fundamental guidelines
or rules Composition:
2. Primarily Confidential Position – one denoting not One (1) chairman
only confidence in the aptitude of the appointee for Six (6) Commissioners
the duties of the office but primarily close which
ensures freedom from misgiving or betrayals of Qualifications:
personal trust on confidential matters of state, or 1. Natural-born citizen
one declared to be so by the President upon 2. At least 35 years of age at the time of appointment
recommendation of the Civil Service Commission. 3. With proven capacity for public administration
3. Highly Technical Position - requires the appointee 4. Not a candidate for any elective position in the election
to possess technical skill or training in the supremeimmediately preceding the appointment.
or superior degree. 5. Majority must be members of the Philippine Bar who
have been engaged in the practice of law for at least ten
6. Standardization of pay and ban on double years.
compensation
Appointment, term of office and decisions:
Article IX-B Section 5 • Article IX-C, Section 1(2)
The Congress shall provide for the standardization • Seven (7) years without reappointment
of compensation of government officials and • Chairman and Commissioners of
employees, including those in government-owned COMELEC are not subject to
or controlled corporations with original charters, reappointment
taking into account the nature of the responsibilities • In no case shall any member be appointed
pertaining to, and the qualifications required for or designated in a temporary or acting
their positions. capacity.
Article IX-B Section 8: Appointment of personnel
No elective or appointive public officer or employee
shall receive additional, double or indirect Article IX-A, Section 4: The Constitutional Commissions
compensation, unless specifically authorized by shall appoint their officials and employees in accordance
law, nor accept without the consent of the with law.
Congress, any present, emolument, office or title of
any kind from any foreign government. 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 through violence or unlawful means, or refuse to
Commissioners shall be fixed by law and shall not be uphold and adhere to this Constitution, or which are
decreased during their tenure. supported by any foreign government shall likewise
be refused registration.
Disqualification
Financial contributions from foreign governments
Article IX-A, Section 2: No Member of the Constitutional and their agencies to political parties, organizations,
Commission shall, during his tenure, hold any other office or coalitions, or candidates related to elections,
employment. Neither shall he engage in the practice of any constitute interference in national affairs, and, when
profession or in the active management or control of any accepted, shall be an additional ground for the
business which in any way be affected by the functions of cancellation of their registration with the
his office, nor shall he be financially interested, directly or Commission, in addition to other penalties that may
indirectly, in any contract with, or in any franchise or be prescribed by law.
privilege granted by the Government, any of its
subdivisions, agencies, or instrumentalities, including (6) File, upon a verified complaint, or on its own
government-owned or controlled corporations or their initiative, petitions in court for inclusion or exclusion
subsidiaries. of voters; investigate and, where appropriate,
prosecute cases of violations of election laws,
Impeachment including acts or omissions constituting election
frauds, offenses, and malpractices.
Article XI, Section 2: A verified complaint for impeachment
may be filed by any Member of the House of
Representatives or by any citizen upon a resolution or (7) Recommend to the Congress effective
endorsement by any Member thereof, which shall be measures to minimize election spending, including
included in the Order of Business within ten session days, limitation of places where propaganda materials
and referred to the proper Committee within three session shall be posted, and to prevent and penalize all
days thereafter. The Committee, after hearing, and by a forms of election frauds, offenses, malpractices,
majority vote of all its Members, shall submit its report to the and nuisance candidacies.
House within sixty session days from such referral, together
with the corresponding resolution. The resolution shall be (8) Recommend to the President the removal of any
calendared for consideration by the House within ten officer or employee it has deputized, or the
session days from receipt thereof. imposition of any other disciplinary action, for
violation or disregard of, or disobedience to, its
Powers and Functions: directive, order, or decision.

(1) Enforce and administer all laws and regulations (9) Submit to the President and the Congress, a
relative to the conduct of an election, plebiscite, comprehensive report on the conduct of each
initiative, referendum, and recall. election, plebiscite, initiative, referendum, or recall.

(2) Exercise exclusive original jurisdiction over all Enforce election laws
contests relating to the elections, returns, and
qualifications of all elective regional, provincial, and Enforce and administer all laws and regulations relative to
city officials, and appellate jurisdiction over all the conduct of an election, plebiscite, initiative, referendum,
contests involving elective municipal officials and recall.
decided by trial courts of general jurisdiction, or
involving elective barangay officials decided by trial Decide administrative question pertaining elections,
courts of limited jurisdiction. except the right to vote

Decisions, final orders, or rulings of the Article IX, Sec 2 (3): Decide, except those involving the right
Commission on election contests involving elective to vote, all questions affecting elections, including
municipal and barangay offices shall be final, determination of the number and location of polling places,
executory, and not appealable. appointment of election officials and inspectors, and
registration of voters.
(3) Decide, except those involving the right to vote,
all questions affecting elections, including Prosecution election law violators
determination of the number and location of polling
places, appointment of election officials 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; investigate and, where appropriate, prosecute
(4) Deputize, with the concurrence of the President, cases of violations of election laws, including acts or
law enforcement agencies and instrumentalities of omissions constituting election frauds, offenses, and
the Government, including the Armed Forces of the malpractices.
Philippines, for the exclusive purpose of ensuring
free, orderly, honest, peaceful, and credible Recommend pardon, parole, or suspension of sentence
elections. of election law violators
Article IX-C, Sec 5: No pardon, amnesty, parole, or
(5) Register, after sufficient publication, political suspension of sentence for violation of election laws, rules,
parties, organizations, or coalitions which, in and regulations shall be granted by the President without
addition to other requirements, must present their the favorable recommendation of the Commission.
platform or program of government; and accredit
citizens' arms of the Commission on Elections. Deputize law enforcement agents: Article IX-C, Sec 2 (4):
Religious denominations and sects 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, or controlled corporations with original charters, and on a
law enforcement agencies and instrumentalities of post- audit basis: (a) constitutional bodies, commissions
the Government, including the Armed Forces of the and offices that have been granted fiscal autonomy under
Philippines, for the exclusive purpose of ensuring this Constitution; (b) autonomous state colleges and
free, orderly, honest, peaceful, and credible universities; (c) other government-owned or controlled
elections. corporations and their subsidiaries; and (d) such non-
governmental entities receiving subsidy or equity, directly or
Registration of political parties, indirectly, from or through the Government, which are
organizations/coalitions and accreditation of citizen required by law or the granting institution to submit to such
arms Article IX-C, Section 2(5): audit as a condition of subsidy or equity. However, where
the internal control system of the audited agencies is
inadequate, the Commission may adopt such measures,
(5) Register, after sufficient publication, political
including temporary or special pre-audit, as are necessary
parties, organizations, or coalitions which, in
and appropriate to correct the deficiencies. It shall keep the
addition to other requirements, must present their
general accounts of the Government and, for such period as
platform or program of government; and accredit
may be provided by law, preserve the vouchers and other
citizens' arms of the Commission on Elections.
supporting papers pertaining thereto.
Religious denominations and sects shall not be
registered. Those which seek to achieve their goals
through violence or unlawful means, or refuse to Composition:
uphold and adhere to this Constitution, or which are One (1) Chairman
supported by any foreign government shall likewise Two (2) Commissioners
be refused registration.
Qualifications:
1. Natural-born citizen
Financial contributions from foreign governments 2. At least 35 years of age at the time of appointment
and their agencies to political parties, organizations, 3. CPA with at least 10 years auditing experience or
coalitions, or candidates related to elections, members of the Philippine Bar with at least ten years
constitute interference in national affairs, and, when practice of law, at notime shall members belong to the same
accepted, shall be an additional ground for the position
cancellation of their registration 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: Seven years without reappointment.
Registration of public utilities and media information:
Article IX-C, Section 4 Powers and duties

Section 4. The Commission may, during the 1. Examine, audit, an settle all accounts pertaining to
election period, supervise or regulate the enjoyment or revenue and receipts of, and expenditures or uses of funds
utilization of all franchises or permits for the operation of and property owned or held in trust or pertaining to
transportation and other public utilities, media of government.
communication or information, all grants, special privileges, 2. Keep general accounts of government and preserve
or concessions granted by the Government or any vouchers and supporting papers
subdivision, agency, or instrumentality thereof, including 3. Authority to define scope if its audit and examination,
any government-owned or controlled corporation or its establish techniques and methods required therefore; and
subsidiary. Such supervision or regulation shall aim to 4. Promulgate accounting and auditing rules and
ensure equal opportunity, and equal rates therefor, for regulations, including those for preservation and
public information campaigns and forums among disallowance.
candidates in connection with the objective of holding free,
orderly, honest, peaceful, and credible elections. Jurisdiction of the Commission:

Decide on election cases and contest: Article IX-C, Sec No law shall be passed exempting any entity of the
2(2): Government or any investment of public funds, from the
jurisdiction of the COA.
2) Exercise exclusive original jurisdiction over all
Temporary or Acting capacity appointment by the
contests relating to the elections, returns, and qualifications
President to the COMELEC, COA, CSC is prohibited y
of all elective regional, provincial, and city officials, and
the Constitution.
appellate jurisdiction over all contests involving elective
municipal officials decided by trial courts of general
jurisdiction, or involving elective barangay officials decided
by trial courts of limited jurisdiction.

Commission on Audit

Powers and functions:

Article IX-D, Section 2:

The Commission on Audit shall have the power, authority,


and duty to examine, audit, and settle all accounts
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