ART IX- THE CONSTITUTIONAL COMMISSIONS

4.

Section 1. Constitutional Commissions

Decisions of the CSC should be appealed to the

Court of Appeals under Rule 43
CIVIL SERVICE COMMISSION

Independent Constitutional Commissions

1.
2.
3.

CSC (Civil Service Commission)

COMELEC (Commission on Election)
COA (Commission on Audit)

Why independent?
They perform vital functions of the government and their
integrity as an office is protected by the fact that:
1.
2.
3.
4.
5.
6.
7.

They are constitutionally created,

They have independent powers of appointment
Each Commission may promulgate its own
procedural rules
They have fiscal autonomy
Their salaries may not be diminished during their
office
The Commissioners have fixed term
The Commissioners are removable by
impeachment only

Section 2. Disqualifications:
Members during their tenure cannot:
1.
2.
3.

4.

Hold any other office or employment

Engage in the practice of any profession
Engage in the active management or control of
any business, which in anyway, may be affected
by the functions of their office
Be financially interested, direct or indiect, in any
contract, franchise, privilege granted by the
government, any of its subdivisions, agencies,
instrumentalities, including GOCCs and their
subsidiaries

Section 6. Rules of Procedure

1.
2.
3.

4.
5.
6.

The Commission may promulgate its own rules

EN BANC
Limitation: it shall not:
Diminish, increase or modify substantive rights
The Supreme Court may not exercise the power
to disapprove the rules of special courts and
quasi-judicial bodies
In proceedings before the Commissions, the
rules of the Commission prevail
In proceedings before a court, the Rules of Court
prevail
The Supreme Court may in appropriate cases
exercise judicial review

Section 7. Decision-making
1.

2.

3.

Each decision shall decide matter or cases by a

majority vote of all the members within 60 days
from submission
As collegial bodies, each commission must act
as one and no one member can decide a case
for the entire commission
Decisions of the COMELEC and COA may be
brought on certiorari to the Supreme Court under
Rule 65

Composition: 1 chairman, 2 commissioners

Qualifications:
1.
2.
3.
4.
5.

Natural born citizen

At least 35 years at the time of appointment
With proven capacity for public administration
Not candidates for elective position in the
election immediately preceding the appointment
Appointments by the president need the
Commission on Appointments confirmation

Term: chair- 7years, commissioner- 5 and 3 years

respectively
Limitation:
1.
2.
3.

One term only, no reappointment.

Appointment to vacancy only for the unexpired
term of the predecessor.
No temporary appointments

Scope: The Civil Service embraces all branches,

subdivisions, instrumentalities, agencies of the government
including GOCCs with original charter.
Appointments to Civil Service:
1.
2.

Competitive Positions- determined by competitive

examinations
Non-competitive- no need for examinations

Who may be appointed?- whoever fulfils all the

qualifications prescribed by law for a particular position
may be appointed therein.
Note: The CSC cannot disapprove an appointment just
because another person is better qualified as long as the
appointee himself is qualified. The CSC cannot add
qualifications other than those provided by law.
Next in Rank Rule- While a person next in rank is entitled
to preferential consideration, it does not follow that only he
and no one else can be appointed. Such person has no
vested right to the position and the appointing authority is
not bound to appoint the person next in rank.
Career service
Entrance based on merit
and
fitness
to
be
determined as far as
practicable by competitive
examinations or based on
highly
technical
qualifications
Entitled to security of tenure

Non-career service
Entrance on bases other
than usual tests of merit
and fitness

Tenure limited to:

a. Period specified
by law
b. Coterminous with
the
appointing
authority
or
subject to his
pleasure

c.

Limited to the
duration of a
particular project
for which purpose
the employment
was made

With
opportunity
for
advancement to higher
career positions
COMMISSION ON ELECTIONS

2.

COMMISSION ON AUDIT
Composition: 1 chair, 2 commissioners
Qualifications:
1.
2.
3.

Composition: 1 chair, 6 commissioners

4.
5.

Qualifications:

6.

1.
2.
3.
4.
5.

6.

Natural born citizen

At least 35 years at the time of appointment
Holders of college degree
Not candidates for any elective position in the
immediately preceding election
Majority including the chair must be members of
the Phil. Bar, engaged in the practice of law for at
least 10 years
Appointment is subject to Commission on
Appointments approval.

1.
2.
3.

Powers:
1.

2.

One term only, no reappointment.

Appointment to vacancy only for the unexpired
term of the predecessor.
No temporary appointments

Powers and Functions:

1.

2.

3.

Enforce and administer all laws and regulations

relative to the conduct of an election, initiative,
referendum and recall.
Exercise exclusive original jurisdiction over all
contests relating to elections, returns and
qualifications of all elective regional, provincial
and city officials
Appellate jurisdiction over all contests involving
elective municipal officials decided by trial courts
of limited jurisdiction. Decisions of the COMELEC
on election contests involving elective municipal,
barangay offices shall be final, executory and
unappealable.
Exception: Appeal to Supreme Court on
questions of law

Rules of Procedure:
1.
2.

COMELEC can sit en banc or in two divisions

It has the power to promulgate its own rules of
procedure in order to expedite disposition of
election
cases
including
pre-election
controversies.

Natural born citizen

At least 35 years at the time of appointment
CPA with at least 10 years auditing experience or
members of Phil Bar with 10 years of practice
Members cannot all belong to same profession
Subject to confirmation of Commission on
Appointments
Must not have been candidates for any elective
position in the elections immediately preceding
the appointment.

Term: chair- 7 years, commissioners- 5 and 3 years

respectively

Term: chair- 7 years, members- 7, 5 and 3 years

respectively
Limitation:

Motions for reconsideration should be decided by

COMELEC en banc

3.
4.

5.

6.

Examine, audit and settle accounts pertaining to:

a. Revenue and receipts of funds of property
b. Expenditures and uses of funds or property
Of the government, any of its
subdivisions,
agencies
or
instrumentalities including GOCCs with
original charter
Conduct post-audit with respect to:
a. Constitutional bodies, commissions and
offices granted fiscal autonomy
b. Autonomous state college and universities
c. GOCCs and their subsidiaries incorporated
under the Corporation Code
d. Non-government entities receiving subsidies
or equity from the government
May adopt pre-audit measures
Keep the general accounts of the government,
preserving vouchers and other supporting papers
pertaining thereto
Exclusive authority to define the scope of COAs
audit and examination and to establish the
techniques and methods required therefor
Promulgate accounting and auditing rules and
regulations
ARTICLE X- LOCAL GOVERNMENT

Territorial subdivisions:
Provinces, cities, municipalities, barangays
Autunomous regions:
ARMM, Cordilera
Factors: historical heritage, cultural
economic and social structures, other
characteristics within the framework
Constitution, national sovereignty and
integrity.

heritage,
relevant
of the
territorial

Decision-making:
1.

Election cases should be heard and decided in

division

All political subdivisions shall enjoy local autonomy but

they are not completely free from the central
government.

LGUs are under the supervision of the President

5.

Notes:
1.
2.

3.
4.

The president ensures that the lower officers

exercise their function in accordance with law
The president cannot substitute his judgment for
that of an LGU official unless the latter is acting
contrary to law
The president may impose administrative
sanctions against LGU officials
Provinces exercise direct supervision over
component cities and municipalities

Cities and municipalities exercise

supervision over component barangays

direct

Term: Elective local officials including barangay

officials have a term of 3 years.
Limitations:
1.

No elective official shall serve for more than 3

consecutive terms
2. Voluntary renunciation of office for any length of
time shall not be considered as an interruption in
the continuity of his service for the full term for
which he was elected.