CONSTITUTIONAL COMMISSIONS (SYLLABUS)

COMMON PROVISIONS (SYLLABUS)

SEC 1
The Constitutional Commissions, which shall be independent, are the Civil Service
Commission, the Commission on Elections, and the Commission on Audit.

SAFEGUARDS ENSURING THE INDEPENDENCE OF THE COMMISSIONS

a) They are constitutionally created; may not be abolished by statute.
b) Each is expressly described as “independent”.
c) Each is conferred certain powers and functions which cannot be reduced by
statute.
d) The Chairmen and members cannot be removed except by impeachment.
e) The Chairmen and members are given a fairly long term of office of seven years.
f) The Chairmen and members may not be reappointed or appointed in an acting
capacity
g) The salaries of the chairman and members are relatively high and may not be
decreased during continuance in office.
h) The Commissions enjoy fiscal autonomy.
i) Each Commission may promulgate its own procedural rules, provided they do not
diminish, increase or modify substantive rights [though subject todisapproval by
the Supreme Court],
j) The Chairmen and members are subject to certain disqualifications calculated to
strengthen their integrity.
k) The Commissions may appoint their own officials and employees in accordance with
Civil Service Law.

NOTABLE SAFEGUARDS:

f) The Chairmen and members may not be reappointed or appointed in an acting

capacity

NOTE: REAPPOINTMENT PRESUPPOSES A PREVIOUS CONFIRMED (EMPHASIS) APPOINTMENT

When an ad interim appointment (of the Chairman of the Commission on Elections)
is not confirmed (as it was by-passed, or that there was no ample time for the
Commission on Appointments to pass upon the same), another ad interim
appointment may be extended to the appointee without violating the Constitution.
-Matibag vs Benipayo

NOTE: RULES ON THE TERMS OF CONSTITUTIONAL COMMISSION MEMBERS

1. An appointment for a lesser period (either 7 years if full term or the unexpired
portion of the 7-year term in case of vacancy) is void and unconstitutional
2. Vacancy shall only result from certain causes: resignation, death, disability,
impeachment
3. An appointee who served a full term is barred from reappointment to any position
in the Commission
4. A commissioner who resigns after serving for less than seven years can be
appointed as Chairman for the unexpired portion of the departing Chairman.
Provided that the Chairman left because of either resignation, death,
disability, impeachment
5. Reappointment only covers movement to one and the same office (commissioner to
commissioner, chairman to chairman)
-Funa vs Villar