ARTICLE IX

CONSTITUTIONAL COMMISSIONS

OBJECTIVESAt the end of the discussion, the students are expected

to:

1. Explain the different Constitutional Commissions created in Article IX.

2. Discuss the compositions, appointments and qualification and terms of office of the three Constitutional

Commissions.

3. Distinguish the powers and functions of the three Constitutional Commissions.

INDEPENDENT CONSTITUTIONAL COMMISSIONS:

1) CIVIL SERVICE COMMISSION (CSC)

2) COMMISSION ON ELECTIONS (COMELEC)

3) COMMISSION ON AUDIT (COA)

A. Common Provisions

They perform vital functions of government.

Their integrity is protected by the fact that they:

1) are constitutionally created (sec. 1)

2) have independent powers of appointment (sec. 4)

3)each commission may promulgate its own procedural rules (sec.

6)

Why Independent?

4) Have fiscal autonomy (Sec. 5)

5) Salaries may not be diminished during their

office (Sec. 3)

6) Commissioners have a fixed term

7) Commissioners are removable by impeachment

only.

Section 2. Disqualifications

•Members cannot, during their tenure:

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 any way, may be affected by the functions

of their office; and

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.

Note: The Ombudsman and his deputies are subject to

the same qualifications.

Section 3. Salaries

1) Salaries are fixed by law and shall not be decreased

during their TENURE.

2) Decreases in salaries only affect those members

appointed AFTER increase.

3) Incumbent members do not lose any salary.

4) Increases take effect IMMEDIATELY.

Section 6. Rules of Procedure

1) Rules: The Commissions may promulgate its own

rules EN BANC.

2) Limitation: It shall not:

a) Diminish,

b) Increase, or

c) Modify substantive rights.

Section 7. Decision Making/ Appeal

Decision-Making:

1.) Each commission shall decide matter or cases by a

majority vote of all the members within 60 days from

submission.

2) As Collegial bodies, each commission must act as

one, and no one member can decide a case for the

entire commission.

• Appeals:

1) Decisions, orders or rulings of the

COMELEC/COA may be brought on certiorari

to the SC.

2) Decisions, orders or ruling of the CSC should be

appealed to the CA.

The Civil Service refers to the body

of employee in any government

agency including all employees of

the government in general.

Composition/Qualifications/ Term

• Composition:

1) Chairman

2) Commissioners – 2 commissioners

• Qualifications:

1) Natural-born citizens of the Philippines;

2) At least 35 years old at the time of their appointments;

3) With proven capacity for public administration; and local management

4) NOT candidates for any elective position in

the elections immediately preceding their

appointment.

5) Appointees by the President to the CSC need

Commission on Appointments (CA)

confirmation.

• Term:

1) Chairman -7 years; Commissioner1 – 5 yrs;

Commissioner2 – 3 yrs

2) Limitation: single term only, no reappointment

3) Appointment to vacancy: only for unexpired term of

predecessor

4) No temporary appointments, or appointments in acting

capacity.

Section 2. Scope

• The Civil Service embraces all:

A. branches,

B. subdivisions,

C. instrumentalities,

D. agencies of the government,

E. including GOCCs with original charters.

• Appointments to civil service shall be:

A. Competitive positions- according to

merit and fitness to be determined by

competitive examinations, as far as practicable

except to positions which are policy-

determining, primarily confidential, or highly

technical.

B. Non-competitive positions- No need for competitive

examinations. Non- competitive positions are:

a) Policy-determining – formulate a method of

action for the gov’t.

b) Primarily confidential – more than ordinary

confidence; close intimacy insures freedom of

intercourse without betrayals of personal trust.

c) Highly technical– requires technical skill to a

superior degree.

Who may be appointed?

1). RULE: Whoever fulfills all the qualifications prescribed

by law for a particular position may be appointed therein.

2). The CSC cannot disapprove an appointment just because

another person is better qualified, as long as the appointee is

himself qualified.

3). The CSC CANNOT add qualifications other than those

provided by law.

Sections 6-7. Disqualification

• 1) Losing candidates in any election

a). Cannot be appointed to any office in the government or

GOCC’s or their subsidiaries.

b). Period of disqualification: One (1) year after such

election

• 2) Elective officials

a). Not eligible for appointment or designation ANY

CAPACITY to ANY PUBLIC OFFICE or position during their

tenure.

b). EXCEPTION: May hold ex officio positions.

c). To be eligible to hold any other office, the elected official

must first resign his office

d). Even Congress cannot, by law, authorize the appointment

of an elective official.

3). Appointive officials

a). Cannot hold any other office or employment in the

government, any subdivision, agency, instrumentality, including

GOCC’s and their subsidiaries.

b). EXCEPTION: Unless otherwise allowed by law, or

by the primary functions of his position.

c). 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

Section 8: Compensation1. Prohibitions: applies to elected or appointed officers and

employees.

Cannot receive:

A. Additional – an extra reward given for the same office i.e.

bonus

B. Double – when an officer is given 2 sets of compensation for 2

different offices held concurrently by 1 officer

C. Indirect Compensation

2) EXCEPTION: Unless specifically authorized by law