The Philippine Constitutional Commissions

GROUP 7

Constitutional Commissions

Independent bodies, whose authority directly emanates from the fundamental charter of the country , were created to ensure the efficient operations of certain functions of government in line with democratic tenets enshrined in the Constitution and free from adverse intervention from any of the branches of the government.

Article IX

Section 1. The Constitutional Commissions, which shall be independent, are the Civil Service Commission, the Commission on Elections, and the Commission on Audit.

Interdependence of the Constitutional commissions

CSC, COMELEC, and COA cannot be abolished by law as they are created by the fundamental charter of the country Powers exercised by these agencies are granted by the Constitution and cannot be withdrawn by law The chairman and members of these agencies enjoy security of tenure and can only be removed from office via impeachment Salaries of the chairman and members of these commissions are fixed by law and cannot be decreased during their tenure

The constitutional commissions enjoy fiscal autonomy. Their approved annual appropriations are automatically and regularly released. Each of these constitutional commissions is empowered to promulgate its own rules of procedures The constitutional commissions appoint their officials and employees in accordance with the Civil Service Law

Prohibitions

To hold any other office or employment To engage in the practice of any profession To engage in the active management or control of any business To be financially interested in any contract with, or in any franchise granted by the government or any of its subdivisions.

Term of Office:

Members of the Constitutional Commissions have a term of seven years except those first appointed Appointment is rotational or programmed to ensure that there will always be a commissioner to perform the functions of the office the moment a commissioner leaves the office at the expiration of his term First group of commissioners is appointed for a term of 3, 5, 7 years respectively

Compensation:

As stated by Article XVIII, Section 17 Chairman of each commission shall receive an annual salary of 204,000 Php Other commissioners or members shall receive an annual salary of 180,00o Php Unless increased by law

Rules on the conduct of proceedings:

The majority rule has to be observed in all the proceedings of the constitutional commissions Any case brought before the Commission has to be resolved within 60 days from the date of its submission for its decision Any decision, order, or ruling of each commission may be appealed to the Supreme Court on certiorari by the aggrieved party within 30 days from the receipt of the copy thereof

Civil Service Commission

Is the central personnel agency of the government whose primary goal is to professionalize the Philippine service system by setting standards and enforcing laws and rules governing the selection, utilization, training and discipline of civil servants

Composition, Appointment, and Tenure

The CSC is composed of a Chairman and two commissioners as members, who are appointed by the president, with the consent of the Commission on Appointments for a term of 7 years without reappointment. The Chairman holds office for 7 years. The first commissioner is appointed for a term of 5 years, while the second one for 3 years also without reappointment.

Qualifications for Appointment

Natural born citizens of the Philippines; At least 35 years of age at the time of their appointment; With proven capacity for public administration; and Must not have been candidates for any elective position in the elections immediately preceding their appointment.

Functions of the Civil Service Commission

To establish a career service; To adopt measures to promote morale, efficiency, integrity, responsiveness, and courtesy in the civil service; To strengthen the merit and reward system; To integrate all human resources development programs for all levels and rank; and To institutionalize a management climate conducive to public accountability.

Scope of the Civil Service

Every branch, subdivision, instrumentality and agency of the Government, including government-owned and controlled corporations with original charters are under the jurisdiction of the civil service.

Appointments in the Civil Service

Appointments in the civil service are made based on merit and fitness and determined as far as practicable by competitive examination or the civil service examination. Positions which are highly technical, policy-determining and primarily confidential, however, are not covered by the requirement on passing the civil service examination for entry into the government service. All public officials and employees, however, are required to take an oath of office or affirmation to uphold and defend the Constitution before assuming the position or office.

Security of Tenure

All government employees and officers of the Civil Service enjoy security of tenure. As such, they cannot just be removed from office or suspended from service except on the ground of inefficiency or cause provided by law. Executive Order No. 292, enumerates the grounds for disciplining civil servants.

Executive Order No. 292

Dishonesty, oppression or misconduct; Habitual drunkenness; Neglect of duty; Disgraceful or immoral conduct; Being notoriously undesirable; Physical or mental incapacity; Frequent absences or tardiness; Inefficiency and incompe,tence in the performance of officialduties; Insubordination; Willful refusal to pay just debts; Pursuit of private business, vocation or profession without securing the required permission; Nepotism;

Discourtesy in the course of official duties; Conviction of a crime involving moral turpitude; Bribery; and Gambling prohibited by law and others.

Prohibitions on Elective Officials.

A defeated candidate in an election is barred from being appointed or reappointed to any public office or position within one year following such election. no elective official can be appointed or designated in any capacity to any office or position during his tenure unless he gives up his seat.

Prohibitions on Appointive Officials.

cannot hold any other office or employment in the Government or any of its subdivisions, unless permitted by law or when required by the primary functions of their positions. Prohibited from receiving additional, double or indirect compensation unless authorized by law. Prohibited from accepting any present, emolument. office, title of any kind from any foreign government.

Right of Government Employees to Self-Organization

have the right to organize and form unions in their desire of promoting their interest. Nonetheless, they are prohibited from staging strikes as such activity disrupts the operation of the government.

Prohibition on All Civil Servants

All civil servants are prohibited from electioneering or engaging in any activity geared towards having a candidate elected or not to a public office

Present CSC Commissioners

Dr. FRANCISCO T. DUQUE III CHAIRMAN

MARY ANN Z. FERNANDEZMENDOZA

RASOL L. MITMUG

Commission on Elections

created for the purpose of ensuring free and honest elections and protecting the popular will of the people as expressed the ballot.

Composition

The COMELEC is composed of one Chairman and six Commissioners.

Commission on Elections

Qualifications Required of COMELEC Members

A natural born citizen of the Philippines; At least 35 years of age at the time of appointment; Holder of a college degree; Must not have been a candidate for any elective position in the immediately

A member of the 'Philippine Bar who has been in the practice of law for 10 years.

Appointment and Terms of Office.

The Chairman and the Commissioners are appointed by the President, subject to the confirmation of the Commission on Appointments for a term of seven years. of those first appointed, three members hold office seven years, two Members for five years, and the last Members for three years, without reappointment.

Powers and Functions.

Enforce and administer all laws and regulations relative to the conduct of an election, , plebiscite, initiative, referendum, and recall. 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 municipal officials decided by trial courts of general jurisdiction or involving barangay officials decided by trial courts of limited jurisdict 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. Deputize, with the concurrence of the President, law enforcerp.ent agencies and instrumentalities of the Government, including the AFP, for the exclusive purpose of ensuring free, orderly, honest, and credible elections.

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 COMELEC. File, upon verified complaint or on its own initiative, positions in court for inclusion of exclusion of voters. Investigate and prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractice. Recommend to 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 candidates

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

Procedures in Hearing Election Cases

the COMELEC may sit en banc or in two divisions in hearing election cases. It promulgates its own rules and procedures to expedite the resolution of these cases.

Regulation of Public Utilities and Media.

regulate the enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication or information during the election period

Present COMELEC Commissioners

Chairman Sixto S. Brilliantes Jr.

Rene V. Sarmiento

Elias R. Yusoph

Armando C. Velasco

Augusto C. Lagman

Christian Robert S. Lim

Lucenito N. Tagle

The Commission on Audit (COA)

has the responsibility of ensuring transparency and accountability in government service, particularly in the use of public funds.

The COA is constituted by a Chairman and two Commissioners.

Qualifications Required of COA Members.

A natural born citizen of the Philippines; At least 35 years of age at the time of his/her appointment; A certified public accountant with at least 10 years of auditing experience or a member of the Philippine Bar engaged in the practice of law for at least 10 years Must not have been a candidate for any elective position in the elections immediately preceding his/her appointment.

Appointment and Terms of Office

The Chairman and the Commissioners are 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 has to hold office for seven years, one Commissioner for 5 years, and the other Commissioner for 3 years without reappointment.

Powers and Functions

To examine, audit, and settle accounts pertaining to the revenue and receipts of, and expenditures or use 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 and controlled corporations; To define the scope of its audit and examination; To promulgate rules and regulations, including those for the prevention and disallowance of irregular, unnecessary, excessive, extravagant or unconscionable expenditures or uses of government funds and properties; and To submit to the President and Congress, within the time fixed by law, an annual report covering the financial condition and operation of the Government, its subdivisions, agencies and instrumentalities.

Present COA Commissioners

Chair Ma. Gracia M. Pulido-Tan

Heidi Mendoza