Constitutional Commissions 11/26/2014 5:26:00 PM

Civil Service
COMELEC
Commission on Audit

CHR not a constitutional commission

 Even if created by the constitution

Attributes/Features as constitutional bodies

Independence
 Appoint officials and employees in accordance with law
 Promulgate own rules ot pleadings and practice
Fiscal autonomy
 Approved annual appropriations shall be released automatically and
regularly

Members – Privileges and Inhibitions

 To preserve independence

Salary – fixed by law and not to be decreased during tenure

During tenure, shall not

 Hold any other office or employment
 Engage in practice or profession
 Active management or control of any business affected by functions
of his office
 Directly/indirectly financially interested in any government
franchise, privilege, or contract

Rules of practice and pleading

Promulgate
 Thru commission en banc
 Shall not diminish, increase, modify substantive rights
 Cases decided by majority, w/in 60 days from submission for
decision or resolution
 Any decision, order, or ruling must be brought to SC on certiorari
w/in 30 days
o Promote independence because only SC on certiorari has
jurisdiction over case, no other court
Civil Service Commission 11/26/2014 5:26:00 PM

Scope
All branches, subdivisions, instrumentalities, and agencies of the
government, including goccs with original charter

Primary Function
Central personnel agency of the government

Members
3: a chairman and 2 commissioners
natural-born
35 yo
proven capacity for public administration
not candidates of preceding election
appointed by president w/ confirmation by Commission on Appointments
7 yr term w/o reappointment
No member shall be appointed or designated in acting or temporary capacity
 Brillantes v Yorac

Constitutional principles pertaining to civil service

 not to CSC only
Appointment must be based on merit and fitness
 Except policy determining, primarily confidential, highly technical
Removal or suspension only for cause
No campaigning or partisan political activity
Right to self organization shall not be denied
Requirement of oath to defend constitution
No elective official shall be eligible for appointment to any public office or
position during his tenure
No appointive official shall hold any other office or employment in the
government except as permitted by law or primary functions of his office
COMELEC 11/26/2014 5:26:00 PM

Powers and Functions

Enforce and administer all laws and regulations relative to the conduct of
election, plebiscite, initiative, referendum, and recall
 Deputize law enforcement agencies and instrumentalities, including
armed forces
 Register political parties, organizations or coalitions
 File petitions for inclusion or exclusion of voters; investigate and,
where appropriate, prosecute cases of violations of election laws
(frauds, offenses, and malpractices)

Exclusive original jurisdiction over all contests regional, provincial; appellate

jurisdiction for lower positions
Recommend to Congress effective measures to minimize election spending
Funds certified as necessary shall be provided in regular or special
appropriations

Members
7: 1 chair, 6 commissioners
35 yo
college degree
 majority & chair, members of bar, at least 10 years of practice
not candidates in election immediately proceeding
appointed by President w/ Commission on Appointment’s consent
7 yr term w/o reappointment
no appointments in acting/temporary capacity

Constitutional Principles related to Elections

Free and open party system
Religious denominations/sects not to be registered
Commission on Audit 11/26/2014 5:26:00 PM

Pre-audit and Post-audit

 All accounts pertaining to revenue and receipts, properties

NGOs receiving subsidy or equity from government

 Post-audit

Pre-audit [Dela Llana v COA]

 Proposed expenditure
o Is there an appropriation?
o Sufficient funds
o Not unreasonable or extravagant
o Approved by proper authority, duly supported by evidence

Powers and functions

Keep general accounts of government
Define scope of its audit and examination

Members
Natural-born
35 yo
@ not time shall all members be of same profession
appointed by president w/ Commission on Appointment’s consent
7 yr term w/o reappointment
no appointment/designation in acting or temporary capacity