Article IX CONSTITUTIONAL COMMISSIONS Qualifications:
Independent Constitutional Commissions:
1. Civil Service Commission
2. Commission on Elections
3. Commission on Audit
Safeguards that guarantee the independence of the
Commissions:
1. They are constitutionally created; may not be abolished by a
statute;
2. Each is conferred certain powers and functions which
cannot be reduced by statute;
3. Each expressly described as independent;
4. Chairmen and members are given fairly long term of office
for seven (7) years;
5. Chairmen and members cannot be removed except by
impeachment;
6. Chairmen and members may not be reappointed or
appointed in an acting capacity;
7. Salaries of chairmen and members are relatively high and
may not be decreased during continuance in office;
8. Commissions enjoy fiscal autonomy;
9. Each commission may promulgate its own procedural rules;
10.Chairmen and members are subject to certain
disqualifications calculated to strengthen their integrity; and
11. Commissions may appoint their own officials and
employees in accordance with Civil Service Law.
Prohibitions and Inhibitions:
No member of a Constitutional Commission shall, during his
tenure:
1. Hold any other office or employment;
2. Engage in the practice of any profession;
3. Engage in the active management and control of any
business which in any way may be affected by the functions of
his office; and
4. Be financially interested, directly or indirectly, in other
contract with, or in anyfranchise or privilege granted by the
government, any of its subdivision, agencies or
instrumentalities, including GOCCs or their subsidiaries.
CHR Employees Association vs. CHR, G.R. No. 155336,
November 24, 2004, the Commission on Human Rights, unlike
the three Constitutional Commissions, does not enjoy fiscal
autonomy.
Civil Service Commission vs. DBM, G.R. No. 158791, July 22,
2005, the “no report, no release” policy may not be validly
enforced against offices vested with fiscal autonomy,
without violating Sec. 5, Article IX-A of the Constitution.
The “automatic release” of approved annual appropriations to
petitioner, a constitutional commission vested with fiscal
autonomy should thus be construed to mean that no condition
to fund releases to it may be imposed. However, petitioner’s
claim that its budget may not be reduced by Congress below
the amount appropriated for the previous year, as in the case
of Judiciary, must be rejected. The provision in Section 3 of
Article VIII, prohibiting the reduction in the appropriation for
the Judiciary below the amount appropriated for the previous
year does not appear in Section 5, Article IX-A. The plain
implication of this omission is that Congress is not
prohibited from reducing the appropriations of
Constitutional Commissions below the amount appropriated
for them for the previous year.
Certiorari Jurisdiction of the Supreme Court
Limited to decisions rendered in actions or proceedings
taken cognizance of by the Commissions in the exercise of
their adjudicatory or quasi-judicial functions. It does not refer
to purely executive powers. Hence, questions arising from the
award of a contract for construction of voting booths can be
brought before the trial court. (Ambil vs. COMELEC, G.R.
No. 143398, October 5, 2000)
CIVIL SERVICE COMMISSION
Composition:
• 1 Chairman;
• 2 Commissioners
1. Natural-born citizen;
2. At least 35 years of age at the time of appointment;
3. With proven capacity for public administration; and
4. Not a candidate for any elective position in the election
immediately preceding the appointment.
Term: Seven (7) years without reappointment
Scope of the Civil Service: Embraces all branches, subdivisions,
instrumentalities and agencies of the Government, including
government-owned and controlled corporations with original
charters [Section 2(1), Article IX-B]
Classes of Service:
Career Service—characterized by:
a. Entrance based on merit and fitness to be determined by
competitive examination or based on highly technical
qualification;
b. Opportunity for advancement; and
c. Security of tenure.
Kinds of Career Service:
• Open Career Positions —prior qualification via examination;
• Closed Career Positions —those highly technical position;
• Career Executive Service —Undersecretaries, Bureau
Directors;
• Career Officers —those appointed by the President like
those in the foreign service;
• Commissioned Officers and enlisted men of the AFP —
governed by separate merit system;
• Personnel of GOCCs— whether performing governmental
orproprietary functions, with original charters; and
• Permanent laborers —whether skilled, semi-skilled, or
unskilled.
Non-Career Service—characterized by:
a. Entrance on bases other than those of the usual tests of
merits and fitness utilized for the career service; and
b. Tenure which is limited to a period specified by law, which is
co-terminuswith that of the appointing authority or subject to
his pleasure, or which islimited to the duration of a
particular project for which purposeemployment was made.
Kinds of Non-Career:
• Elective official and their personal or confidential staff;
• Department heads and other officials of Cabinet rank
who holdpositions at the pleasure of the President and
their personal orconfidential staff;
• Chairmen and members of commissions and boards with
fixed termsof office and their personal or confidential staff;
• Contractual personnel or those whose employment in the
governmentis in accordance with a special contract to
undertake a specific work orjob; and
• Emergency and seasonal personnel.
Exceptions to the requirement of Competitive Examinations:
1. Policy-determining Position—one charged with laying
down of principal orfundamental guidelines or rules;
2. Primary Confidential Position—one denoting not only
confidence in theaptitude of the appointee for the duties of
the office but primarily close intimacywhich ensures freedom
of intercourse without embarrassment or freedom
frommisgiving or betrayals of personal trust on confidential
matters of state, or onedeclared to be so by the President
upon recommendation of the Civil ServiceCommission.
3. Highly Technical Position—requires the appointee to
possess technical skill ortraining in the supreme or superior
degree.
CSC vs. Engr. Darangina, G.R. No. 167472, January 31, 2007,
where a non-eligibleholds a temporary appointment, his
replacement by another non-eligible is notprohibited.
When a temporary appointee is required to relinquish his
office, he is beingseparated precisely because his term has
expired.
Tanjay Water District vs. Quinit, Jr. G.R. No. 160502,
April 27, 2007, it is an established rule that the tenure of
office of those holding primarily confidential positions ends
upon loss of confidence, because their term of office lasts
only as longs as confidence in them endures. Their
termination can be justified on the ground of loss of
confidence, in which case, their cessation from office
involves no removal but the expiration of their term of
office.
Power to approve/disapprove appointments—
The authority of CSC to approve appointments—to check
whether or not the appointee possesses the appropriate civil
service eligibility or the required qualification —does not
include the authority to make the appointment itself or
to direct the appointing authority to change the employment
status of an employee. The CSC can only inquire into the
eligibility of the person chosen to fill a position and if it finds
the person qualified, it must so attest. If not, the
appointment must be disapproved. (Province of Camarines
Sur vs. CA, G.R. No. 104639, July 14, 1995)
In the case of Lopez vs. CSC, 194 SCRA 269, the SC held that
the CSC has no power to revoke an appointment simply
because it believes that the person protesting the
appointment or somebody is better qualified, for that will
constitute an encroachment of the discretion vested solely in
the appointing authority.
COMMISSION ON ELECTION
Composition:
• One (1) Chairman
• Six (6) Commissioners
Qualifications:
1. Natural-born citizen;
2. At least 35 years of age at the time of appointment;
3. With proven capacity for public administration; and
4. Not a candidate for any elective position in the election
immediately preceding the appointment.
5. Majority, 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.
Term: Seven (7) years without reappointment
Section 1, par. 2, Article IX-C—Chairman and Commissioners
of COMELEC are not subject to re-appointment (See the case
of Matibag vs. Benipayo re: ad interim appointment)
The COMELEC’s exercise of its quasi-judicial powers is subject
to Section 3, Article IXC which expressly requires that:
1. All elections 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. Thus, the
COMELEC en banc can directly approve the recommendation
of its Law Department to file the criminal information for
double registration against violators. 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)
In Vinzons-Chato vs. COMELEC, G.R. No. 172131, April 2,
2007, once the winning candidate has been proclaimed,
taken his oath, and assumed office as a Member of the
House of Representatives, the COMELEC’s jurisdiction over
election contests relating to his election, returns, and
qualifications ends, and the HRET’s own jurisdiction begins.
In Quizon vs. COMELEC, G.R. No. 177927, February 17, 2008,
the denial of due course or cancellation of one’s certificate
of candidacy is not within the administration powers of the
Commission, but rather calls for the exercise of its quasijudicial
functions. Hence, the Court may compel COMELEC to exercise
such discretion and resolve the matter but it may not control
the manner of exercising such discretion.
Powers and Functions:
1. Enforce and administer law and regulations relative to the
conduct of elections, plebiscite, initiative, referendum or
recall;
2. Exclusive original jurisdiction over all contests relating to
election, returns and qualifications of all elective regional,
provincial, and city officials;
3. Exclusive appellate jurisdiction over all contests involving
elective municipal officials decided by the RTC, or involving
elective barangay officials by MTC;
4. Decide, except those involving right to vote, all questions
affecting elections, including the determination of number
and location of polling places, appointment of election officials
and inspectors and registration of voters;
5. Deputize, with concurrence of President, law
enforcement agencies and instrumentalities for exclusive
purpose of insuring free, orderly, honest, peaceful and
credible elections.
6. Register, after sufficient publication, political parties,
organizations or coalitions which must present their
platform or program government; accredit citizen’s arms;
7. File upon verified complaint or motu proprio petitions in
court for inclusions or exclusions of voters; investigate and,
where appropriate, prosecute cases of violations of election
laws;
8. 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; and
9. Submit to the President and Congress, comprehensive
reports on conduct of each election, plebiscite, initiative,
referendum or recall.
COMMISSION ON AUDIT
Composition:
• One (1) Chairman
• Two (2) Commissioners
Qualifications:
1. Natural-born citizen;
2. At least 35 years of age at the time of appointment;
3. CPA with at least ten (10) years auditing experience or
members of the Philippine Bar with at least ten (10) years
practice of law; at no time shall all members belong to the
same position; and
4. Not a candidate for any elective position in the election
immediately preceding the appointment.
Term: Seven (7) years without reappointment
Powers and Duties:
1. Examine, audit and settle all accounts pertaining to revenue
and receipts of, and expenditures or uses of funds and
property owned or held in trust or pertaining to government;
2. Keep general accounts of government and preserve
vouchers and supporting papers;
3. Authority to define scope of its audit and examination,
establish techniques and methods required therefore; and
4. Promulgate accounting and auditing rules and regulations,
including those for preservation and disallowance.
Jurisdiction of the Commission: No law shall be passed
exempting any entity of the Government, or any investment of
public funds, from the jurisdiction of the COA. (§. 3, Art IX-C)
Temporary or Acting capacity appointment by the President
to the COMELEC, COA, CSC is prohibited by the Constitution.
In Brillantes vs. Yorac, 192 SCRA 358, the designation of
Commissioner Yorac as Acting Commissioner of the COMELEC
was a violation of Section 1, paragraph 1 of Article IX-C.
Fiscal Autonomy— The 1987 Constitution expressly and
unambiguously grants fiscal autonomy only to Judiciary, the
constitutional commissions, and the Office of Ombudsman.
The Commission on Human Rights has no fiscal autonomy.
(CHR Employees’ Association vs. CHR, G.R. No. 155336, July
21, 2006)