ART.

9
CONSTITUTIONAL COMMISSIONS
A. COMMON PROVISIONS
STAGGERING OF TERMS (ROTATIONAL SCHEME):

7 years term

7, 3, 5 first appointees were given this term of office so that now there will be a vacancy every
2 years (TO SERVE THE FULL TERM OF SEVEN YEARS)

PURPOSE (of this system)

1. to minimize the opportunity of the President to appoint during his own term more than one

member or group of members in the CON-COM (and bind the majority a debt of gratitude and loyalty to
him)
2. to ensure continuity of the body and its policies.

REQUISITES FOR EFFECTIVE OPERATION OF STAGGERING OF TERMS/ROTATIONAL SCHEME: (RP

v. Imperial) OV
1. The original members of the Commissions shall begin their terms on a common date; and
2. Any vacancy occurring before the expiration of the term shall be filled only for the balance of

such term.
SEC. 2 (DISQUALIFICATIONS)

List of Prohibitions which can distract them from their responsibilities or subject them to
pressures and temptations.

SHALL NOT during his tenure:

1. Hold any other office or employment
2. engage in the practice of any profession DOES NOT INCLUDE TEACHING
3. Active management or control of any business (may be affected by the functions of his office)

DOES NOT PROHIBIT A COMMISSIONER FROM OWNING A BUSINESS BUT IT PROHIBITS HIM FROM
BEING A MANAGING OFFICER OR A MEMBER OF THE GOVERNING BOARD OF A BUSINESS.
4. financially interested directly or indirectly in any contract INCLUDES SUBSIDIARY OF GOVT
CORP.
5. or in any franchise or privilege granted by the Government - INCLUDES SUBSIDIARY OF GOVT
CORP.

PURPOSE OF DISQUALIFICATIONS

1. to compel the Chairmen and the members of the CON-COM to devote their full attention to
the discharge of their duties; and
2. to remove from them any temptation to take advantage of their official positions for selfish
purpose.
SEC 3 (SALARIES)

Protect their salaries from diminution

According to Art. 18, Sec. 17: annual salary 1. CHAIRMEN 240k 2. MEMBERS 180k.

May not be decreased during the incumbents continuance in office.

PURPOSE (against decreasing) to prevent the legislature from exerting pressure upon the
Commission by operating on their necessities

SEC. 4 INDEPENDENT POWERS OF APPOINTMENT BUT IN ACCORDANCE WITH LAW

SEC. 5 FISCAL AUTONOMY

Annual appropriations shall be automatically and regularly released and shall not be subject to
pre-audit

SEC 6. AUTHORITY SITTING EN BANC TO PROMULGATE RULES OF PROCEDURE

Rule of procedure of CON COM vs. Rules of Court = CON COM (if before Commission vice versa)

-do- CON COM vs. Statue = STATUTE.

SC has no power to disapprove Commission rules except through the exercise of the power of
JUDICIAL REVIEW (if the rule violates the Consti)

Rules shall remain effective unless disapprove by the SC

SEC 7. DECISIONS OF THE COMMISSIONS

Being a collegial bodies the decisions are made by the body and not by individual members.

No individual member may make a decision for the Commission

Decisions are reached by the majority vote of the Commission

There is no decision until the draft is signed and PROMULGATED

Sets mandatory period within which decisions of the Commissions must be reached (failure does
not affect the merits of the case)

Certiorari may be resorted to when there is no other PLAIN, SPEEDY and ADEQUATE remedy
(M.R. may be dispensed with)

May be appealed to CA within 15 days

Certiorari jurisdiction of SC limited to decisions rendered in actions or proceedings taken in the

exercise of their adjudicatory or quasi-judicial powers.

SUBSTANTIVE LAW if the rule creates a right such as the right to appeal; part of the law which creates,
defines and regulates the rights and duties which give rise to a cause of action; part of the law which the
courts are established to administer.
SEC 2 TO 6

Protective measures to ensure the independence of the Commissions.

Because these Commissions perform vital functions of government it is essential that they be protected
against outside influences and political pressures.
B. THE CIVIL SERVICE COMMISSION
SEC 2. (1)

Civil Service embraces government owned or controlled corp (WITH ORIGINAL/LEGISLATIVE

CHARTERS created by special law) meaning subsidiary of chartered agencies are not covered
by CS.

GOCC refers to any agency organized as a stock or non-stock corp, vested with functions
relating to public needs whether governmental or proprietary in nature, and owned by the RP
directly or through its intrumentalities either wholly or where applicable, as in the case of stock
corp, to the extent of at least a majority of its outstanding capital stock:
INCLUDES:
They are instrumentalities or agencies of the Govt which are neither corporations nor agencies

integrated within the departmental framework, but vested by law with special functions or jurisdiction,
endowed with some if not all corporate powers, administering special funds, and enjoying operational
autonomy usually through a charter
GICP Government Instrumentalities with Corporate Powers; or
GCE Govt Corp. Entities
GFI Govt Financial Institutions or Corp (in which the Govt directly or indirectly owns majority
of the capital stock and which are either (1) registered with or directly supervised by the Bangko Sentral
ng Pilipinas; or (2) Collecting or transacting funds or contributions from the public and places them in
financial instruments or assets such as deposits, loans, bonds, and equity
POSITIONS IN CIVIL SERVICE are classified under the administrative code of 1987
1. CAREER SERVICE

CHARACTERIZED

a. entrance based on merit and fitness by competitive examinations or highly technical

qualifications

b. opportunity for advancement to higher career positions

c. security of tenure

CAREER SERVICE INCLUDES

1. OPEN CAREER POSITIONS prior qualification in an appropriate examination

2. CLOSED CAREER POSITIONS scientific or highly technical
3. POSITIONS IN THE CAREER EXECUTIVE SERVICE all appointed by Pres
4. CAREER OFFICERS 5. COMMISSIONED OFFICERS
6. PERSONNEL OF GOCC
7. PERMANENT LABORERS
2. NON-CAREER SERVICE
Characterize by
1. Elective Officials
2. Department Heads
3. Chai