ARTICLE IX.

CONSTITUTIONAL COMMISSION  APPEAL/DECISION-MAKING

A. COMMON PROVISIONS Decision Making:

1. CIVIL SERVICE COMMISSION (CSC) 1. Each commission shall decide matter or cases
2. COMMISSION ON ELECTION (COMELEC) by a majority vote of all the members within 60
3. COMMISSION ON AUDIT (COA) days from submission.

WHAT DOES EACH COMMISSION DO? 2. As Collegial bodies, each commission must act
as one, and no one member can decide a case
1. A Civil Service Commission is a government
for the entire commission.
agency that is constituted by legislature to
regulate the employment and working Appeals:
conditions of civil servants, oversee hiring and
1. Decisions, orders or rulings of the
promotions, and promote the values of the
COMELEC/COA may be brought on certiorari to
public service.
the SC.
2. The Commission on Election is one of the
three constitutional commissions of 2. Decisions, orders or ruling of the CSC should be
the Philippines. Its principal role is to enforce all appealed to the CA.
laws and regulations relative to the conduct
of elections in the Philippines. THE CIVIL SERVICE COMMISSION
3. The Commission on Audit, abbreviated
as COA (Filipino: Komisyon ng Pagsusuri), is an The Civil Service refers to the body of employee in
independent constitutional commission any government agency including all employees of
established by the Constitution of the the government in general.
Philippines. It has the primary function to
 COMPOSITION
examine, audit and settle all accounts and
expenditures of the funds and properties of a. Chairperson
the Philippine government.
b. Commissioners (2)

DISQUALIFICATION  QUALIFICATIONS

Members cannot during their tenure: a. Natural born Citizen of the Philippines

1. Hold any other office or employment; b. At least 35 years old at the time of their
appointment.
2. Engage in practice of any profession;
c. With proven capacity for public
3. Engage in the active management or control of
administration; and local management.
any business which, in any way, may be
affected by the functions of their office; and d. NOT a candidate for any elective position in
the elections immediately preceding their
4. Be financially interested direct or indirect, in a
appointment.
any contract, franchise, privilege granted by the
government, any of its subdivisions, agencies, e. Appointees by the President to the CSC need
instrumentalities, including GOCC’s and other Commission on Appointments (CA)
subsidiaries. confirmation.

 TERMS

1. Chairman – 7 years, Commissioner 1 – 5 years,

Commissioner 2 – 3 years

2. Limitation: Single term only, no reappointment

 3. Appointment to vacancy: only for unexpired 5. Who may be appointed:
term predecessor
a. RULE: Whoever fulfills all the
4. No temporary appointments, or appointments in qualifications prescribed by law for a
acting capacity particular position may be appointed
therein.
SCOPE b. The CSC cannot disapprove an
The Civil Service embraces all: appointment just because another
person is better qualified, as long as the
a. Branches appointee is himself qualified.
b. Subdivisions c. The CSC CANNOT add qualifications
c. Instrumentalities other than those provided by law.

d. Agencies of the government 6. Next-In-Rank Rule

e. Including GOCCs with original charters d. While a person next in rank is entitled
to preferential consideration, it does
Appointments to civil service shall be: not follow that only he, and no one
else, can be appointed. Such person
1. Competitive positions
has no vested right to the position and
a. According to merit and fitness to be the appointing authority is not bound to
determined by competitive examinations, appoint the person next in rank.
as far as practicable except to positions
which are policy-determining, primarily
SECURITY OF TENURE:
confidential, or highly technical.
1. Officers or employees of the Civil Service cannot
2. Non-competitive positions
be removed or suspended EXCEPT for cause
a. No need for competitive examinations. provided by law. It guarantees both procedural
and substantive due process.
b. 3 kinds:
2. For “LEGAL CAUSE” – Cause is:
 Policy-determining – formulate a
method of action for the gov’t a. related to and affects the
administration of office, and
 Primarily confidential – more than
ordinary confidence; close intimacy b. must be substantial (directly affects the
insures freedom of intercourse without rights & interests of the public)
betrayals of personal trust…
3. Security of tenure for Non-competitive
 Highly technical – requires technical positions
skill to a superior degree.
a. Primarily confidential officers and
3. The TEST to determine whether employees hold office only for so long
non/competitive is the Nature of the as confidence in them remains.
responsibilities, NOT the administrative or
b. If there is GENUINE loss of confidence,
legislative description given to it.
there is no removal, but the expiration
4. Both types of positions are entitled to security of the term of office
of tenure. They only differ in the MANNER in
c. Non-career service officers and
which they are filled.
employees do not enjoy security of
tenure.
 d. Political appointees in the foreign
service possess tenure coterminous
with that of the appointing authority or
subject to his pleasure.
4. One must be VALIDLY APPOINTED to enjoy
security of tenure. Thus, one who is
not appointed by the proper appointing
authority does not acquire security of tenure.
DISQUALIFICATION
1. Losing candidates in any election
2. Elective officials
 Not eligible for appointment or
designation ANY CAPACITY to ANY
PUBLIC OFFICE or position during their
tenure.
 EXCEPTION: May hold ex officio
positions.
 To be eligible to hold any other office,
the elected official must first resign his
office
 Even Congress cannot, by law, authorize
the appointment of an elective official.
3. Appointive officials
 Cannot hold any other office or
employment in the government, any
subdivision, agency, instrumentality,
including GOCC’s and their subsidiaries.
 EXCEPTION: Unless otherwise allowed
by law, or by the primary functions of
his position.
 This exception DOES NOT APPLY to
Cabinet members, and those officers
mentioned in Art. VII, Sec. 13. They are
governed by the stricter prohibitions
contained therein.
THE COMMISSION ON ELECTION
The Commission on Elections, usually abbreviated
as COMELEC, is one of the three constitutional
commissions of the Philippines. Its principal role is
to enforce all laws and regulations relative to the
conduct of elections in the Philippines.
 COMPOSITION:
a. Chairperson
b. Commissioners (6)
 QUALIFICATIONS
a. Natural-born citizens of the Philippines;
b. At least 35 years old at the time of
appointment
c. Holders of college degrees; and
d. Not candidates for any elective position
in the immediately preceding elections.
e. Majority of the Commission, including
the Chairman must be:
 Members of the Philippines Bar
 Engaged in the practice of law for
at least 10 years: “any activity in
or out of court, which requires
the application of law, legal
procedure, knowledge, training
and experience.”
f. Appointments subject to CA approval
 TERM
1. Chairman -7 yrs; 3 Members – 7 yrs; 2 Members
– 5 yrs; 1 Member – 3 yrs.
2. LIMITATION: Single term only: no
reappointment allowed
3. Appointment to a vacancy: only for unexpired
portion of predecessor’s term
4. No temporary appointments, or appointments
in acting capacity
 Thus, the President cannot designate an
incumbent commissioner as acting
Chairman.
  The choice of temporary chairman falls
under the COMELEC’s discretion.
POWER AND FUNCTIONS
Power
1. Enforce and administer all laws and regulations
relative to the conduct of an election, plebiscite,
initiative, referendum, and recall.
Exercise
A. Exclusive original jurisdiction over all contests
relating to the elections, returns, and
qualifications of all elective
 Regional,
 Provincial, and
 City officials
B. Appellate jurisdiction over all contests involving:
 Elective municipal officials decided by trial
courts of general jurisdiction
 Elective barangay officials decided by trial
courts of limited jurisdiction.
 Decisions, final orders, or rulings of the
Commission on election contests involving
elective municipal and barangay offices
shall be final, executory, and not
appealable.
 Exception: Appealable to the SC on
questions of law.
RULES OF PROCEDURE/DECISION-MAKING
RULES OF PROCEDURE
a. COMELEC can sit en banc or in two divisions
b. It has the power to promulgate its own rules of
procedure in order to expedite disposition of
election cases, including pre-election
controversies.
DECISION-MAKING
a. Election cases should be heard and decided in
division. Provided that,
b. Motions for reconsideration of decisions should
be decided by COMELEC en banc.
c. ”Decisions” mean resolutions on substantive
issues.
SUPERVISION/REGULATION OF FANCHISES / PERMITS
/ GRANTS / SPECIAL PRIVILEGES / CONCESSIONS
Regulation of Franchise
A. What can COMELEC supervise or regulate
 The enjoyment or utilization of all
franchises or permits for the operation of
transportation and other public utilities,
media of communication or information.
 Grants, special privileges or concessions
granted by the Government or any
subdivision, agency or instrumentality
thereof, including any GOCC or its
subsidiary
B. When can COMELEC exercise this power
1. During the election period
 Under Article XI, Section 9, the election
period commences 90 days before the day
of the election and ends 30 days thereafter.
 In special cases, COMELEC can fix a period.
2. Applies not just to elections but also to
plebiscites and referenda.
3. Plebiscite: Submission of constitutional
amendments or important legislative measures
to the people ratification
4. Referendum: power of the electorate to
approve or reject legislation through an election
called for that purpose.
DEFINITION OF POLITICAL PARTY
Importance of registration of a political party
 Registration confers juridical personality on the
party.
 It informs the public of the party’s existence
and ideals.
 It identifies the party and its officers for
purposes of regulation by the COMELEC.
PARTY LIST SYSTEM
 No Right to be Represented in Various Boards
Political parties, organizations, or coalitions registered
under the party-list system shall NOT be represented in
the following:
1. Voters’ registrations boards,
2. Boards of election inspectors,
3. Boards of canvassers, or
4. Other similar bodies.
THE COMMISSION ON AUDIT
The Commission on Audit, abbreviated as COA (Filipino:
Komisyon ng Pagsusuri), is an independent
constitutional commission established by the
Constitution of the Philippines. It has the
primary function to examine, audit and settle all
accounts and expenditures of the funds and properties
of the Philippine government.
 COMPOSITION
1. Chairman
2. Commissioners (2)
 QUALIFICATIONS
1. Natural-born citizens of the Philippines
2. At least 36 years old at the time of their
appointment;
3. Either:
a. CPA’s with at least 10 years auditing
experience; or
b. Members of Phil. Bar with 10 years of
practice.
4. Members cannot all belong to the same
profession.
5. Subject to confirmation of the CA.
6. Must not have been candidates for any elective
position in the elections immediately preceding
their appointment.
 TERM
1. Chairman -7 yrs; Commissioner1 -5yrs;
Commissioner – 2 -3 yrs.
2. LIMITATION: – Single terms only; no re-
appointment allowed
3. Appointments to any vacancy shall only be for
the unexpired portion of predecessor’s term.
POWERS
1. Examine, audit, and settle accounts pertaining
to:
a. Revenue and receipts of funds or
property; or
b. Expenditures and uses of funds or
property
Owned or held in trust by, or pertain to:
a. The Government;
b. Any of its subdivisions, agencies or
instrumentalities;
c. Including GOCC’s with original charters.
2. Conduct post-audit with respect to the
following:
a. Constitutional bodies, commissions, and
offices granted fiscal autonomy;
b. Autonomous state colleges and
universities;
c. GOCC’s and their subsidiaries
incorporated under the Corporation
Code.
d. None-governmental entities receiving
subsidies or equity, directly or
indirectly, from or through the
government, which are required by law
of the granting of institution to submit
to such audit.
3. If COA finds internal control system of audited
agencies as inadequate, COA may adopt
measures, including temporary or special pre-
audit, as may be necessary.
 4. Keep the general accounts of the government,
preserving vouchers and other supporting
papers pertaining thereto.

5. Exclusive authority to define the scope of COA’s

audit and examination and to establish the
techniques and methods required therefor.

6. Promulgate accounting and auditing rules and

regulations.

a. Including those for the prevention or

disallowance of irregular, unnecessary,
excessive, extravagant, or
unconscionable expenditures or uses of
government funds and properties.

b. Failure to comply with these rules can

be a ground for disapproving the
payment of a proposed expenditure.

No law shall be passed exempting any entity of the

Government or its subsidiary in any guise whatever, or
any investment of public funds, from the jurisdiction of
the Commission on Audit.