MONTERO, AYA A.

CONSTITUTIONAL LAW I
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ARTICLE XI – CONSTITUTIONAL COMMISSIONS

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
(Art. IX-A, Sec. 1);
2. Each expressly described as independent (Art. IX-A, Sec. 1);
3. Each is conferred certain powers and functions which cannot be reduced by
statute (Art. IX-B, C and D);
4. Chairmen and members cannot be removed except by impeachment
(Art. XI, Sec. 2;
5. Chairmen and members are given fairly long term of office for seven (7) years
(Art. IX-B, C and Sec.1 (2))
6. The terms of office of the chairmen and members of all the commissioners are
staggered in such a way as to lessen the opportunity for appointment of the
majority of the body by the same President. (Art. IX-B, C and Sec.1(2))
7. Chairmen and members may not be reappointed or appointed in an
acting capacity (Art. IX-B, C and Sec. 1(2));
8. Salaries of chairmen and members are relatively high and may not be
decreased during continuance in office (Art. IX-A, Sec. 3; Art. XVIII, Sec.17 );
9. Commissions enjoy fiscal autonomy Art. IX-A, Sec.5);
10. Each commission may promulgate its own procedural rules, provided they do
not diminish, increase or modify substantive rights. (Art. IX-A, Sec.4);
11. Chairmen and members are subject to certain disqualifications calculated
to strengthen their integrity (Art. IX-A, Sec.4); and
12. Commissions may appoint their own officials and employees in accordance
with Civil Service Law. (Art. IX-A, Sec.4)

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 any
franchise or privilege granted by the government, any of its subdivision,
agencies or instrumentalities, including GOCCs or their subsidiaries.
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CIVIL SERVICE COMMISSION

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. 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]

FUNCTION of CSC:
1. The CSC shall administer the civil service. (Art. IX-B, §1(1))
2. The CSC as the personnel agency of the government shall establish a career
service;
3. It shall adopt measures to promote morale, efficiency, integrity,
responsiveness, progressiveness, and courtesy in the civil service.
4. It shall strengthen the merit and rewards system;
5. It shall integrate all human resources development programs for all levels and
ranks;
6. It shall institutionalize a management climate conducive to public
accountability.
7. It shall submit to the President and the Congress an annual report on its
personnel programs. (Article IX-B, Section 3)

NATURE OF POWERS OF CSC:

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.

EXCEPTIONS TO THE REQUIREMENT OF COMPETITIVE EXAMINATIONS:

1. Policy-determining Position—one charged with lying down of principal
or fundamental guidelines or rules;
2. Primary Confidential Position—one denoting not only confidence in
the aptitude of the appointee for the duties of the office but primarily
close intimacy which ensures freedom of intercourse without
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embarrassment or freedom from misgiving or betrayals of personal trust
on confidential matters of state, or one declared to be so by the President
upon recommendation of the Civil Service Commission.
3. Highly Technical Position—requires the appointee to possess
technical skill or training in the supreme or superior degree.

CAN A PERSON WITHOUT CIVIL SERVICE ELIGIBILITY BE APPOINTED?

Yes, if there is no civil service eligible and it becomes necessary in the public
interest to fill a vacancy. The appointment, however, is not subject to the following
conditions:
1. Temporary appointment shall not exceed 12 months
2. The appointee may be replace sooner I a qualified civil service eligible becomes
available (1987 Administrative Code)
3. The said temporary appointment may be withdrawn or discontinued with or
without cause, by the appointing power.

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.
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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.

NATURE OF POWERS OF COMELEC:

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 judicial power as judge with exclusive
original jurisdiction over “all contest 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.

COMMISSION ON AUDIT
Composition:
 One (1) Chairman
 Two (2) Commissioners

Qualifications:
1. Natural-born citizen;
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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.
5.
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. (Sec.
3, Art IX-C)

*Temporary or Acting capacity appointment by the President to the COMELEC, COA,

CSC is prohibited by the Constitution.

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)