POLITICAL LAW REVIEW

Lecture 10, Thursday, Sept. 10, 2020

F. Constitutional Commissions141

1. Constitutional safeguards to ensure independence of 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 fairly a long term of office of 7 years;
f. The Chairmen and members may not be reappointed or appointed in an acting
capacity;142 (take note of case in footnote!)
g. The salaries of the Chairmen 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 to disapproval by the SC];
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.

141 The CSC, COMELEC, and COA are equally pre‐eminent in their respective
spheres. Neither one may claim dominance over the others. In case of conflicting
rulings, it is the Judiciary, which interprets the meaning of the law and ascertains
which view shall prevail (CSC v. Pobre, G.R. No. 160508, Sept. 15, 2004).
142 Brillantes v. Yorac, 192 SCRA 358

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 2. Powers and Functions of each commission

Civil Service Commission143 a. The Commission has the power to grant civil
service eligibility.144

b. It has the power to hear and decide administrative cases.145

c. The CSC shall administer the civil service.146

d. The CSC as the personnel agency of the

government shall establish a career service.

e. It shall adopt measures to promote morale,

efficiency, integrity, responsiveness, progressiveness,
and courtesy in the civil service.

f. It shall strengthen the merit and rewards system.

g. It shall integrate all human resources

development programs for all levels and ranks.

h. It shall institutionalize a management climate

conducive to public accountability.

i. It shall submit to the President and the Congress

an annual report on its personnel programs.147

143 The Commission is an administrative agency, nothing more. As such, it can only
perform powers proper to an administrative agency. It can perform executive powers,
quasi-judicial powers and quasi legislative or rule-making powers (Bernas Commentary,
p. 1003 (2003 ed.)
144 In the exercise of its powers to implement R.A. 6850 (granting civil service

eligibility to employees under provisional or temporary status who have rendered

seven years of efficient service), the CSC enjoys wide latitude of discretion and may not
be compelled by mandamus to issue eligibility. (Torregoza v. CSC) But the CSC
cannot validly abolish the Career Executive Service Board (CESB); because the CESB
was created by law, it can only be abolished by the Legislature (Eugenio v. CSC, 1995)
145 Under the Administrative Code of 1987, the CSC has the power to hear and decide

administrative cases instituted before it directly or on appeal, including contested

appointments.
146 Sec.1(1), Art. IX-B
147 Sec. 3, id.

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 Commission on Elections148 a. Enforce and administer law and regulations
relative to conduct of elections, plebiscite,
initiative, referendum or recall;149

b. Decide, except those involving right to vote (cognizable

by regular courts), all questions affecting elections, including
the determination of number and location of polling
places, appointment of election officials and inspectors
and registration of voters;150

c. Decide administrative questions.151

d. Deputize, with concurrence of President, law

enforcement agencies and instrumentalities for
exclusive purpose of insuring free, orderly, honest,
peaceful and credible elections;152

e. Register, after sufficient publication, political

parties, organizations or coalitions which must present
their platform or program of government; accredit
citizen’s arms;153

148 Art. IX-C. Like the CSC, the COMELEC is an administrative agency. As such, therefore,
the power it possesses are executive, quasi-judicial and quasi legislative. By exception,
however, it has been given quasi-judicial power with exclusive original jurisdiction over
“all contests relating to the election, returns, and qualifications of all elective regional,
provincial, and city officials, and appellate jurisdiction over all contest involving elective
municipal officials decided by trial courts of general jurisdiction or involving elective
barangay officials decided by trial courts of limited jurisdiction (Bernas Primer at 393 (2006
ed.)
The COMELEC's exercise of its quasi-judicial powers is subject to Section 3 of Article
IX-C which expressly requires that 1) all election cases, including pre-proclamation
controversies, shall be decided by the COMELEC in division, and 2) the motion for
reconsideration shall be decided by the COMELEC en banc.
The prosecution of election law violators involves the exercise of the COMELEC's
administrative powers (note: distinguish between administrative & quasi-judicial powers of
COMELEC!). Thus, the COMELEC en banc can directly approve the recommendation of
its Law Department to file the criminal information for double registration against
petitioners in the instant case. There is no constitutional requirement that the filing of the
criminal information be first decided by any of the divisions of the COMELEC. (Baytan vs.
Comelec, G.R. No. 153945, February 4, 2003)
149 e.g. COMELEC can enjoin construction of public works within 45 days of an electioin
150 Sec. 2(2) These petitions are cognizable by the regular courts (MTCs).
151 Sec. 2(3)
152 Sec. 2(4)

This power is not limited to the election period

Applies to both criminal and administrative cases
153 Sec. 2(5) Groups that cannot be registered:

1. Religious denominations/sects
2. Those that achieve their goals through violence or unlawful means
3. Those that refuse to uphold and adhere to the Constitution
4. Those supported by any foreign government, e.g., receipt of financial contributions
related to elections.

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 f. Power to Promulgate Rules154

g. Supervision or regulation of franchises155

h. Contempt powers156

i. Issue writs of certiorari, prohibition and mandamus in

the exercise of its appellate jurisdiction;

j. File upon verified complaint or motu proprio petitions

in court for inclusion or exclusion of voters; investigate
and, where appropriate, prosecute cases of violations
of elections laws, including acts or omissions
constituting election frauds, offenses and malpractices;157

k. 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;158 and

j. Recommend to the President the removal of any officer

or employee it has deputized, or the imposition of any
other disciplinary action, for violation or disregard or, or
disobedience to its directive, order or decision.159

m. Submit to President and Congress, comprehensive

reports on conduct of each election, plebiscite,
initiative, referendum or recall.

n. In special cases, power to fix the election period.160

154 Sec. 3, id.

155 Sec, 4, id.
156 COMELEC can exercise this power only in relation to its adjudicatory or quasi-judicial

functions. It cannot exercise this in connection with its purely executive or ministerial
functions.
157 COMELEC has exclusive jurisdiction to investigate and prosecute cases for violation of

election laws. It can deputize prosecutors for this purpose. The actions of the prosecutors
are the actions of the COMELEC. It can even conduct preliminary investigation on
election cases falling within its jurisdiction.
158 Secs. 2(7), (8) and (9), id.
159 Sec. 5, id
160 Sec. 9, id.

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