VII CONSTITUTIONAL COMMISSIONS

Civil Service Commission Commission on Elections Commission on Audit

Composition 1 Chair 1 Chairman 1 Chairman
2 Commissioners 6 Commissioner 2 Commissioners
Qualifications 1. Natural-born citizen 1. Natural-born citizen 1. Natural-born citizen
2. At Least 35 years old at the time of appointments 2. At Least 35 years old at the time of appointments 2. At Least 35 years old at the time of appointments
3. With Proven Capacity for Public Administration; and 3. College Degree holder 3. With Proven Capacity for Public Administration;
4. Not a candidate for any election immediately 4. Not a candidate for any election immediately preceding their and
preceding their appointment appointment 4. Not a candidate for any election immediately
5. Majority, including the chairman, must be Memebrs of the preceding their appointment
Philippines Bar who has been engaged in the practice of law for at
least 10 years
Appointment The Chairman and the Commissioners shall be The Chairman and the Commissioners shall be appointed by the The Chairman and the Commissioners shall be
and Term appointed by the President with the consent of the President with the consent of the Commission on Appointments for a appointed by the President with the consent of the
Commission on Appointments for a term of seven years term of seven years without reappointment. Of those first appointed, Commission on Appointments for a term of seven
without reappointment. Of those first appointed, the three Members shall hold office for seven years, two Members for five years without reappointment. Of those first appointed,
Chairman shall hold office for seven years, a years, and the last Members for three years, without reappointment. the Chairman shall hold office for seven years, one
Commissioner for five years, and another Commissioner Appointment to any vacancy shall be only for the unexpired term of the Commissioner for five years, and the other
for three years, without reappointment. Appointment to predecessor. In no case shall any Member be appointed or designated Commissioner for three years, without reappointment.
any vacancy shall be only for the unexpired term of the in a temporary or acting capacity. Appointment to any vacancy shall be only for the
predecessor. In no case shall any Member be appointed unexpired portion of the term of the predecessor. In no
or designated in a temporary or acting capacity. case shall any Member be appointed or designated in
a temporary or acting capacity.
Functions and The civil service embraces all branches, subdivisions, Constitutional powers and functions of the COMELEC (1991, 1996, 1. Examine, audit and settle all accounts pertaining to
Powers instrumentalities, and agencies of the Government, 2001 Bar) revenue and receipts of, and expenditures or uses of
including government-owned or controlled corporations 1. Enforce and administer all laws and regulations relative to the funds and property owned or held in trust or pertaining
with original charters. [1987 Constitution, Art. IX-B, Sec. conduct of an election, plebiscite, initiative, referendum, and recall. to government.
2(1)] Note: COMELEC may order the correction of manifest errors in the 2. Keep general accounts of government and preserve
tabulation or tallying results during the canvassing and petitions for this vouchers and supporting papers.
As the central personnel agency of the government, it: purpose may be filed directly with the Commission even after the 3. Authority to define the scope of its audit and
1. Establishes a career service; proclamation of the winning candidates. examination, establish techniques and methods
2. Adopts measures to promote morale, efficiency, 2. Exercise: required therein.
integrity, responsiveness, progressiveness and courtesy a. Exclusive original jurisdiction over all contests relating to the election, NOTE: The power of the Commission to define the
in the Civil Service; returns and qualifications of all elective: scope of its audit and to promulgate auditing rules and
3. Strengthens the merits and rewards system; i. Regional regulations and the power to disallow unnecessary
4. Integrates all human resources and development ii. Provincial expenditures is exclusive but its power to examine and
programs for all levels and ranks; and iii. City officials audit is not exclusive. (Development Bank of the
5. Institutionalizes a management climate conducive to b. Exclusive appellate jurisdiction over all contests involving: Philippines v. Commission on Audit, G.R. No. 88435,
public accountability. (1987 Constitution, Art. IX-B, Sec. i. Elective municipal officials decided by trial courts of general January 16, 2002)
3) jurisdiction. 4. Promulgate accounting and auditing rules and
6. To Submit to the President and teh Congress an ii. Elective barangay officials decided by courts of limited jurisdiction. regulations, including those for prevention and
annual report on its personnel programs c. Contempt powers disallowance. (1987 Constitution, Art. IX-D, Sec. 2)
i. COMELEC can exercise this power only in relation to its adjudicatory
or quasi-judicial functions. It cannot exercise this in connection with its
purely executive or ministerial functions.
 ii. If it is a pre-proclamation controversy, the COMELEC exercises quasi-
judicial/ administrative powers.
iii. Its jurisdiction over contests (after proclamation), is in exercise of its
judicial functions.
NOTE: The COMELEC may issue writs of certiorari, prohibition, and
mandamus in exercise of its appellate functions.
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.
NOTE: Questions involving the right to vote fall within the jurisdiction of
ordinary courts.
4. Deputize, with the concurrence of the President, law enforcement
agencies and instrumentalities of the government, including the AFP, for
the exclusive purpose of ensuring free, orderly, honest, peaceful and
credible elections.
5. Registration of political parties, organizations, or coalitions and
accreditation of citizens’ arms of the COMELEC.
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.
NOTE: The grant of exclusive power to investigate and prosecute cases
of election offenses to the COMELEC was not by virtue of the
Constitution but by the OEC which was eventually amended by Sec. 43
of RA 9369. Thus, the DOJ now conducts preliminary investigation of
election offenses concurrently with the COMELEC and no longer as
mere deputies. (Jose Miguel T. Arroyo v. DOJ, et al., G.R. No. 199082,
September 18, 2012)
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.
Manner of Who: Aggrieved Party Who: Aggrieved Party Who: Aggrieved Party
Review Where: CA under Rule 43 Where: SC on certiorari under Rule 65 Where: SC on certiorari under Rule 65
When: Within 15 days from notice When: Within 30 days from notice When: Within 30 days from notice