ARTICLE IX

THE CONSTITUTIONAL COMMISSIONS

Independent Constitutional Commissions:

A. Civil Service Commission

B. Commission on Elections
C. Commission o Audit

Guarantees of Independence:

 They are constitutionally created; may not be abolished by statute.

 Each is conferred certain powers and functions which cannot be reduced by statute.
 Each expressly described as independent.

Appointment & term:

 Chairmen and members are given fairly long term of office for seven (7) years.
 Chairmen and members cannot be removed except by impeachment.
 Chairmen and members may not be reappointed or appointed in an acting capacity.

ROTATIONAL SCHEME:

Vacancies:

Commissions may appoint their own officials and employees in accordance with Civil Service
Law.

Disqualifications:

Article IX Sec. 2: No member of a Constitutional Commission shall, during his tenure, hold any
other office or employment. Neither shall he engage in the practice of any profession or in
active management or control of any business which in any way may be affected by the
functions of his office, nor shall he be financially interested, directly or indirectly, in any
contract with, or in any franchise or privilege granted by the Government, any of its
subdivisions, agencies, or instrumentalities.

Salary/removal/ appointment of personnel:

Salaries of chairmen and members are relatively high and may not be decreased during
continuance in office.

Chairmen and members are subject to certain disqualifications calculated to strengthen their
integrity.

Fiscal Autonomy:

 Commissions enjoy fiscal autonomy.

 CHR Employees Association vs. CHR
 The Commission on human Rights, unlike the three Constitutional Commissions, does
not enjoy fiscal autonomy.
 Submission of Reports and Recommendations:
 Speedy disposition of cases apply to them

Rule Making:

Each commission may promulgate its own procedural rules concerning pleadings and practices
before it or before any of its office.

Appeals:

Each Commission shall decide by a majority vote all of its Members any case or matter brought
before it within sixty days from the date of its submission for decision or resolution. A case or
matter is deemed submitted for decision or resolution upon the filling of the last pleading, brief,
or memorandum required by the rules of the Commission or by the Commission itself. Unless
otherwise provided by this Constitution or by law, any decision, order, or ruling of each
Commission may be brought to the Supreme Court on certiorari by the aggrieved party within
thirty days from receipt of a copy thereof.

A. The Civil Service Commission

A. Scope of Civil Service

Section 2(1): The Chairman and the Commissioners shall be appointed by the President with
the consent of the Commission on Appointments for a term of seven years without
reappointment. Of those first appointed, the Chairman shall hold office for seven years, a
Commissioner for five years, and another Commissioner for three years without reappointment.
Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case
shall any Member be appointed or designated in a temporary or acting capacity. Embraces all
branches, subdivisions, instrumentalities and agencies of the Government, including
government-owned and controlled corporations with original charters.

Composition:
 1 Chairman
 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
4. Not a candidate for any elective position in the election immediately preceding the
appointment.

Classes of Service:

Career Service Non-Career Service

Basis on entrance Entrance based on merit and Entrance on bases other than
fitness to be determined by those of the usual tests of
competitive examination or merits and fitness utilize for the
based on highly technical career service.
qualification.

Tenure Opportunity for advancement. Tenure which is limited to a

period specified by law which
is co-terminus with that of the

Entitled to security or tenure. Appointing authority or subject

to his pleasure or which is
limited to the duration or a
particular project for which
purpose employment was
made.
B. Terms and conditions of employment in the Civil Service

1. Oath and allegiance to the Constitution:

Article IX-B Sec 4: All public officers and employees shall take oath or affirmation to uphold and
defend this Constitution.

2. Merit System:

Article IX-B, Section 3: The Civil Service Commission, as the central personnel agency of the
Government, shall establish a career service and adopt measures to promote morale, efficiency,
integrity, responsiveness, progressiveness and courtesy in the civil service. It shall strengthen
the merit and rewards system, integrate all human resources development programs for all
levels and ranks, and institutionalize a management climate conducive to public accountability.
It shall submit to the President and the Congress an annual report on its personnel programs.

3. Appointment of lame ducks:

Article IX-B Sec 6: No candidate who has lost in any election shall, within one year after such
election, be appointed to any office in the Government or any government- owned or
controlled corporations or in any of their subsidiaries.

4. Appointment and designation of elective/appointive officials

Article IX-B Sec 7: No votes cast in favor of a political party, organization or coalition shall be
valid except for those registered under the party-list system as provided by the Constitution.

5. Exemptions from the exam requirements:

 Policy-determining Position – one charged with lying down of principal or

fundamental guidelines or rules

 Primarily Confidential Position – one denoting not only confidence in the aptitude of
the appointee for the duties of the office but primarily close which ensures 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.

 Highly Technical Position - requires the appointee to possess technical skill or training
in the supreme or superior degree.
6. Standardization of pay and ban on double compensation

Article IX-B Section 5: The Congress shall provide for the standardization of compensation of
government officials and employees, including those in government-owned or controlled
corporations with original charters, taking into account the nature of the responsibilities
pertaining to, and the qualifications required for their positions.

Article IX-B Section 8: No elective or appointive public officer or employee shall receive
additional, double or indirect compensation, unless specifically authorized by law, nor accept
without the consent of the Congress, any present, emolument, office or title of any kind from
any foreign government.

7. Ban or partisan Political activities:

Article IX-B, Section 2(4): No Officer or employee of the civil service shall engage, directly or
indirectly, in any electioneering or partisan political campaign.

8. Removal or suspension only for cause

Article IX-B Section 2(3): No officer or employee of the civil service shall be removed or
suspended except for cause provided by law.

9. Summary removal

10. Right of self organization

The right to self-organization shall not be denied to government employees.

11. Review of the decisions of CSC

Power to approve/disapprove appointments:

The authority of CSC to approve appointment – to check whether or not the appointee
possesses the appropriate civil service eligibility or the required qualification – does not include
the authority the authority to make the appointment itself or to direct the appointing authority
to change the employment status of an employee. The CSC can only require into the eligibility
of the person chosen to fill a position and if it finds the person qualified, it must so attest. If not,
the appointment must be disapproved.

12. Fiscal independence

The Commission shall enjoy fiscal autonomy. Their approved annual appropriations shall be
automatically and regularly released.
B. The Commission on Elections

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

4. Not a candidate for any elective position in the election immediately preceding the
appointment.

5. Majority must be members of the Philippine Bar who have been engaged in the practice of
law for at least ten years.

Appointment, term of office and decisions:

Article IX-C, Section 1(2)

 Seven (7) years without reappointment

 Chairman and Commissioners of COMELEC are not subject to reappointment

 In no case shall any member be appointed or designated in a temporary or acting
capacity.
 Appointment of personnel

Article IX-A, Section 4: The Constitutional Commissions shall appoint their officials and
employees in accordance with law.

Salary

Article IX-A, Section 3: The salary of the Chairman and the Commissioners shall be fixed by law
and shall not be decreased during their tenure.

Disqualification

Article IX-A, Section 2: No Member of the Constitutional Commission shall, during his tenure,
hold any other office or employment. Neither shall he engage in the practice of any profession
or in the active management or control of any business which in any way be affected by the
functions of his office, nor shall he be financially interested, directly or indirectly, in any
contract with, or in any franchise or privilege granted by the Government, any of its
subdivisions, agencies, or instrumentalities, including government-owned or controlled
corporations or their subsidiaries.

Impeachment

Article XI, Section 2: A verified complaint for impeachment may be filed by any Member of the
House of Representatives or by any citizen upon a resolution or endorsement by any Member
thereof, which shall be included in the Order of Business within ten session days, and referred
to the proper Committee within three session days thereafter. The Committee, after hearing,
and by a majority vote of all its Members, shall submit its report to the House within sixty
session days from such referral, together with the corresponding resolution. The resolution
shall be calendared for consideration by the House within ten session days from receipt
thereof.

Powers and Functions:

(1) Enforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall.

(2) Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and
qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over
all contests involving elective municipal officials decided by trial courts of general jurisdiction,
or involving elective barangay officials decided by trial courts of limited jurisdiction.

Decisions, final orders, or rulings of the Commission on election contests involving elective
municipal and barangay offices shall be final, executory, and not appealable.

(3) Decide, except those involving the right to vote, all questions affecting elections, including
determination of the number and location of polling places, appointment of election officials
and inspectors, and registration of voters.

(4) Deputize, with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government, including the Armed Forces of the Philippines, for the
exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.

(5) Register, after sufficient publication, political parties, organizations, or coalitions which, in
addition to other requirements, must present their platform or program of government; and
accredit citizens' arms of the Commission on Elections. Religious denominations and sects shall
not be registered. Those which seek to achieve their goals through violence or unlawful means,
or refuse to uphold and adhere to this Constitution, or which are supported by any foreign
government shall likewise be refused registration.
Financial contributions from foreign governments and their agencies to political parties,
organizations, coalitions, or candidates related to elections, constitute interference in national
affairs, and, when accepted, shall be an additional ground for the cancellation of their
registration with the Commission, in addition to other penalties that may be prescribed by law.

(6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or
exclusion of voters; investigate and, where appropriate, prosecute cases of violations of
election laws, including acts or omissions constituting election frauds, offenses, and
malpractices.

(7) Recommend to the Congress effective measures to minimize election spending, including
limitation of places where propaganda materials shall be posted, and to prevent and penalize
all forms of election frauds, offenses, malpractices, and nuisance candidacies.

(8) Recommend to the President the removal of any officer or employee it has deputized, or the
imposition of any other disciplinary action, for violation or disregard of, or disobedience to, its
directive, order, or decision.

(9) Submit to the President and the Congress, a comprehensive report on the conduct of each
election, plebiscite, initiative, referendum, or recall.

Enforce election laws

Enforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall.

Decide administrative question pertaining elections, except the right to vote

Article IX, Sec 2 (3): Decide, except those involving the right to vote, all questions affecting
elections, including determination of the number and location of polling places, appointment of
election officials and inspectors, and registration of voters.

Prosecution election law violators

Article IX-C, Sec 2(6): File, upon a verified complaint, or on its own initiative, petitions in court
for inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases of
violations of election laws, including acts or omissions constituting election frauds, offenses,
and malpractices.

Recommend pardon, parole, or suspension of sentence of election law violators

Article IX-C, Sec 5: No pardon, amnesty, parole, or suspension of sentence for violation of
election laws, rules, and regulations shall be granted by the President without the favorable
recommendation of the Commission.
Deputize law enforcement agents:

Article IX-C, Sec 2 (4): Deputize, with the concurrence of the President, law enforcement
agencies and instrumentalities of the Government, including the Armed Forces of the
Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible
elections.

Registration of political parties, organizations/coalitions and accreditation of citizen arms

Article IX-C, Section 2(5): Register, after sufficient publication, political parties, organizations, or
coalitions which, in addition to other requirements, must present their platform or program of
government; and accredit citizens' arms of the Commission on Elections. Religious
denominations and sects shall not be registered. Those which seek to achieve their goals
through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or
which are supported by any foreign government shall likewise be refused registration.

Financial contributions from foreign governments and their agencies to political parties,
organizations, coalitions, or candidates related to elections, constitute interference in national
affairs, and, when accepted, shall be an additional ground for the cancellation of their
registration with the Commission, in addition to other penalties that may be prescribed by law.

Registration of public utilities and media information:

Article IX-C, Section 4: The Commission may, during the election period, supervise or regulate
the enjoyment or utilization of all franchises or permits for the operation of transportation and
other public utilities, media of communication or information, all grants, special privileges, or
concessions granted by the Government or any subdivision, agency, or instrumentality thereof,
including any government-owned or controlled corporation or its subsidiary. Such supervision
or regulation shall aim to ensure equal opportunity, and equal rates therefore, for public
information campaigns and forums among candidates in connection with the objective of
holding free, orderly, honest, peaceful, and credible elections.

Decide on election cases and contest:

Article IX-C, Sec 2: Exercise exclusive original jurisdiction over all contests relating to the
elections, returns, and qualifications of all elective regional, provincial, and city officials, and
appellate jurisdiction over all contests involving elective municipal officials decided by trial
courts of general jurisdiction, or involving elective barangay officials decided by trial courts of
limited jurisdiction.
C. Commission on Audit

Powers and functions:

Article IX-D, Section 2: The Commission on Audit shall have the power, authority, and duty to
examine, audit, and settle all accounts pertaining to the revenue and receipts of, and
expenditures or uses of funds and property, owned or held in trust by, or pertaining to, the
Government, or any of its subdivisions, agencies, or instrumentalities, including government-
owned or controlled corporations with original charters, and on a post- audit basis:

(a) Constitutional bodies, commissions and offices that have been granted
fiscal autonomy under this Constitution;
(b) Autonomous state colleges and universities;
(c) Other government-owned or controlled corporations and their
subsidiaries; and
(d) Such non- governmental entities receiving subsidy or equity, directly or
indirectly, from or through the Government, which are required by law
or the granting institution to submit to such audit as a condition of
subsidy or equity. However, where the internal control system of the
audited agencies is inadequate, the Commission may adopt such
measures, including temporary or special pre-audit, as are necessary
and appropriate to correct the deficiencies. It shall keep the general
accounts of the Government and, for such period as may be provided
by law, preserve the vouchers and other supporting papers pertaining
thereto.
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. CPA with at least 10 years auditing experience or members of the Philippine Bar with at
least ten years practice of law, at no time shall members belong to the same position
4. Not a candidate for any elective position in the election immediately preceding the
appointment.

Term:
Seven years without reappointment.
Powers and duties

1. Examine, audit, an 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 if 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.

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.

Temporary or Acting capacity appointment by the President to the COMELEC, COA, CSC is
prohibited by the Constitution.