The Constitutional Commissions

12
The Constitutional Commissions

This lesson focuses on the powers and functions of the Constitutional Commissions.

Learning Outcomes:

At the end of the lesson, you are expected to:

1. identify the Constitutional Commissions created in Article IX of the Philippine

constitution
2. discuss the compositions, appointments and qualification and terms of office of the three
Constitutional Commissions
3. differentiate the powers and functions of the three Constitutional Commissions

In the common provisions of Article 9 of the Constitution, there are three (3) independent
Constitutional Commissions namely:

1. Civil Service Commission (CSC)

2. Commission on Election (COMELEC)
3. Commission on Audit (COA)

The constitutional commissions are considered independent from each other because each has
vital functions in the government. Their integrity is also protected because of the following:

1. They are constitutionally created

2. They have independent powers of appointment
3. Powers and functions are defined in the constitution
4. Commissioners are required to be Filipino citizens
5. The commissioners’ terms of office are staggered with a two-year interval
6. Each commission may promulgate its own procedural rules
7. They have fiscal autonomy
8. The salaries of the commissioners may not be diminished during their office
9. The terms of office of the commissioners are fixed
10. Commissioners may be removed from office by impeachment only

However, in Section 2 of Article 9, commissioners may be disqualified on the following

grounds:

1. Hold any other office or employment

2. Engage in the practice of any profession
3. Engage in the active management or control of any business, which, in a way may be
affected by the functions of their office
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4. Be financially interested, direct or indirect, in any contract, franchise, privilege

granted by the government, any of its subdivisions, agencies, instrumentalities,
including GOCC’s and their subsidiaries
• The Ombudsman and his deputies are subject to the same qualifications

Rendition of Decision and Judicial Review:

• Any case or matter brought before the commission requires a majority vote of all its
members within sixty days from the date of submission for decision or resolution
• The decision rendered by the commission may be brought to the Supreme Court on
certiorari

The Civil Service Commission

The Civil Service commission (CSC) is created to ensure the merit, fitness and
professional capability of the people who render service/s to the public and to the interest
of the public.

Reasons for the creation of CSC:

1. To have an agency that controls and directs the civil service system
2. To have an agency that enforces civil service legislation
3. A safeguard for the implementation of the merit system
4. Protection of professionals in the exercise of their respective professions

Meaning of Civil Service:

Civil service means a professional body of men and women who render their expertise in
the government service and made it a lifetime career.

Constitutional classification of positions in the civil service:

1. Competitive – those who are appointed based on the merit and fitness resulting from
a competitive examination
2. Non-competitive – those whose appointments in the position is not based on the result
of a competitive examination

The Merit System:

It is the process of promoting or hiring government employees based on their capability

to perform the job. The merit system protects the employees who are highly competent to
be promoted.

Basic requisites of the merit system:

1. Merit system and security of tenure

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2. Political neutrality

The Commission on Elections

The Commission on Elections (COMELEC) ensures the cleanliness of the process for the
people to accept the credibility of election results and the legitimacy of the positions of
elective officials.

Composition of the COMELEC:

• Chairman
• Six Commissioners

Appointment and Terms of Office:

Heads of Constitutional Commissions are appointed by the President. The chairman and
commissioners of the COMELEC are appointed by the President for a period of seven
years.

Powers and Functions of the COMELEC

1. To enforce laws relative to the conduct of elections

2. To decide election contests
3. To decide all questions affective elections
4. To deputize law enforcement agencies
5. To register political parties and accredit its citizens’ arms
6. To file petitions, investigate and prosecute
7. To recommend removal or disciplinary action
8. To submit report
9. To perform other functions

COMELEC’s finality of decisions:

Electoral cases, once decided by the commission, are final, executed and not appealable.
However, positions involving regional, provincial and city officials may be appealed to
the Supreme Court.

The Commission on Audit

The Commission on Audit (COA) serves as the auditing firm of the government. It
checks and examines the expenditures of the government and the government officials in
the conduct of their duty. It is the commission that is in charge of checking whether all
budgets have been appropriated properly.

Purpose of the Commission:

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1. To see whether government revenues and expenditures are duly accounted for
2. Proper disposal of public funds
3. To ensure the accountability of public officers entrusted with receipt, custody, or
disposal of public funds

Powers and Functions of the Commission

1. To examine, audit, and settle accounts

2. To act as central accounting office of the government
3. To define the scope of its audit and examination
4. To promulgate accounting and audition rules and regulations
5. To submit an annual financial report and recommend measures
6. To perform other duties and functions

References:

Agoncillo, Teodoro A. (1990). History of the Philippines. Garo Tech Books Inc.: Quezon City

Malabuyoc, Edwin (2008). Philippine History. Jimsy Publishing House: Malabon City

Hyatt, Janeth (2013). Module in Philippine History with Politics, Governance and Constitution