Lesson 13: ARTICLE IX: CONSTITUTIONAL COMMISSIONS

OBJECTIVES:
At the end of this lesson, you are expected to be able to:
 Identify the three (3) constitutional commissions as mandated by the present
Constitution
 Enumerate the powers and duties of each constitutional commission
 Enumerate the qualifications of the officials of each constitutional commission.

THE CONSTITUTIONAL COMMISSIONS ( check the 3 branches of govt)

-Who check the constitutional comm, certiorari, supreme court

- Independent bodies created and established by the constitution to perform specific

functions as prescribed therein for the harmonious administration of the government.

- Co-equal bodies and created by the constitution to assure the proper administration of
democracy in the country.

- To secure the independence of these bodies, the following guarantees are prescribed
in the Constitution:

 These bodies are created by the constitution itself and may not be abolished by mere
legislation.

 Each of them is expressly described in the constitution as independent.

 Each of them is conferred certain powers and functions which cannot be withdrawn or
reduced by statute.

 The Chairmen and members of these commissions may not be removed by office
except by impeachment.

 All of the said Commissions enjoy fiscal autonomy.

 The Chairmen and members of the said Commissions are not entitled for any re-
appointment or appointment in an acting capacity.

 Each Commission may formulate its own rules and regulations affecting its concerns.

 The salaries of the Chairmen and members are relatively high and may not be
decreased during their continuance in office.

 The Chairmen and members of all these Commissions are subject to certain
disqualifications and inhibitions.

 The Constitutional Commissions are allowed to appoint their own officials and
employees in harmony with the Civil Service Law.
PROHIBITIONS AND INHIBITIONS (comple all members at mawala ung temptation na
mag-takbo uli sa position nila)

- To hold any other office or employment;

- To engage in the practice of any profession or in the active management or control of

any businesses which in any way affect the functions of their office;

- To be directly or indirectly interested in any contract with or in any franchise or

privilege granted by the Government or any of its subdivisions, agencies, or
instrumentalities, including government-owned and controlled corporations or their
subsidiaries.

THE CIVIL SERVICE COMMISSION (act as HR)

- Central personnel agency of the government

- Human Resource Office of the government because of its power to regulate

employees in government.

Composition and Qualifications

- Composed of one (1) chairman and two (2) commissioners.

- No appointment shall be appointed by the President unless he or she is:

 A natural-born citizen;
 At least 35 years old at the time of appointment;
 With proven capacity for public administration; and
 Not a candidate in any election immediately preceding the appointment.

- Officials of the CSC are appointed by the President with the confirmation of the
Commission on Appointment with a term of seven (7) years without reappointment
and appointment as acting capacity.
- POLITICAL NEUTRALITY- kaya di sila pwede tumakbo gawa nga mga politicians and
functions nila chinecheck nila
- Chairman karlo b. nograles, ACTING CHAIRMAN BY DUTERTE nasa screenshot
Appointments in the Civil Service

- Before a person can be employed in the government service, he must comply first
with the requirements set by the Commission.

- Appointments in Civil Service are made based on merit and fitness and be determined
as far as feasible by competitive examination or the well known civil service
examination.

- Positions which are technical, political, and confidential in nature are not covered by
the requirements like the civil service examination for entry into the government
service.
 - All public officials are however required to take an oath of office to uphold and defend
the Constitution and republic itself before assuming their respective offices.

Security of Tenure

- All government employees and officials cannot be dismissed or removed from the
office they are holding without any just cause and due process as secured by existing
laws in a proper administrative case.

- A government employee can be removed only by finding him guilty of gross

incompetency and inefficiency.

- The President issued Executive Order 292 to insure the smooth sailing administration
of public service by setting standards and grounds for disciplining a government
employee or officer who is found guilty of any violations of the same.

Other Privileges and Prohibitions

- The Constitution recognizes the right of the government employees and officers to
self-organization.

- They can organize their own labor unions in their aspiration to advance their interest.

- They are not allowed to stage a strike as to interrupt the operation of the government.

- A civil servant who is being defeated in an election is barred from being appointed or
reappointed to any public office or position within one (1) year following such election.

- No elective official can be appointed in any capacity in any position in the government
during his tenure except he relinquishes his present office.

- Government employees and officials are prohibited to receive any additional, double
or indirect compensation unless the said remunerations are mandated by law.

- They are also prohibited from accepting any present, position, office of any kind and
the like from foreign government to avoid any influence that the foreign country may
propose at the expense of the effective administration of public service.

THE COMMISSION ON ELECTION

- Busiest governmental agency during elections.

- Regulates the five (5) scopes of suffrage.

- Ensure the successful conduct of any election in the country.

- Empowered to set regulations, laws, rules, and ordinances to ensure the clean holding
of any election.
 - The Constitution provides the powers of the COMELEC (Art. IX, Sec.2).

- All decisions of the COMELEC are appealable not in the Court of Appeals but in the
Supreme Court.
Composition and Qualifications

- Composed of one (1) chairman and six (6) commissioners.

- Entitled for a seven (7) years term without any reappointment or appointment in an
acting capacity.

- Qualifications of COMELEC Officials:

 A natural-born citizen;
 At least 35 years old at the time of appointment;
 Must be at least holders of a college degree; and
 Must not have been candidates for any elective position in the immediately preceding
elections.

- The Constitution requires that a majority of the members, including the Chairman,
must be members of the Philippine Bar who have been engaged in the practice of law
for at least ten (10) years.

THE COMMISSION ON AUDIT

- Check all the expenses or disbursements of public funds or properties in connection

with the official function of each government unit.

- Covers all government offices, divisions, centers, instrumentalities, units, agencies,

bureaus, and even government-owned and controlled corporations.

- No law shall be passed exempting any entity of the Government, or any investment of
public funds, from the jurisdiction of the Commission on Audit.

- The Constitution laid down the powers and functions of the Commission on Audit (Art.
IX, Section 2(1)).

Composition and Qualifications

- Composed of one (1) chairman and two (2) commissioners.

- Entitled for a seven (7) years term without any reappointment or appointment in an
acting capacity.

- No person shall be appointed official of the Commission on Audit unless they are:

 A natural-born citizen;
 At least 35 years old at the time of appointment;
 CPA’s with at least ten (10) years auditing experience or members of the Bar with at
least ten (10) years practice of law, at no time shall all members belong to the same
profession;
 Not candidate in election immediately preceding appointment.