ARTICLE IX

CONSTITUTIONAL COMMISSIONS
 OBJECTIVES
At the end of the discussion, the students are expected
to:

1. Explain the different Constitutional Commissions

created in Article IX.

2. Discuss the compositions, appointments and

qualification and terms of office of the three Constitutional
Commissions.

3. Distinguish the powers and functions of the three

Constitutional Commissions.
A. Common Provisions
INDEPENDENT CONSTITUTIONAL COMMISSIONS:

1) CIVIL SERVICE COMMISSION (CSC)

2) COMMISSION ON ELECTIONS (COMELEC)
3) COMMISSION ON AUDIT (COA)
Why Independent?
They perform vital functions of government.

Their integrity is protected by the fact that they:

1) are constitutionally created (sec. 1)
2) have independent powers of appointment (sec. 4)
3)each commission may promulgate its own procedural rules (sec.
6)
4) Have fiscal autonomy (Sec. 5)

5) Salaries may not be diminished during their

office (Sec. 3)

6) Commissioners have a fixed term

7) Commissioners are removable by impeachment

only.
Section 2. Disqualifications

Members cannot, during their tenure:

1) Hold any other office or employment;
2) Engage in the practice of any profession;
3) Engage in the active management or control
of any business, which, in any way, may be
affected by the functions of their office; and
4) Be financially interested, direct or indirect, in any
contract, franchise, privilege granted by the
government, any of its subdivisions, agencies,
instrumentalities, including GOCCs and their
subsidiaries.

Note: The Ombudsman and his deputies are

subject to the same qualifications.
 Section 3. Salaries

1) Salaries are fixed by law and shall not be

decreased during their TENURE.
2) Decreases in salaries only affect those
members appointed AFTER increase.
3) Incumbent members do not lose any salary.
4) Increases take effect IMMEDIATELY.
Section 6. Rules of Procedure

1) Rules: The Commissions may promulgate

its own rules EN BANC.
2) Limitation: It shall not:
a) Diminish,
b) Increase, or
c) Modify substantive rights.
Section 7. Decision Making/ Appeal

Decision-Making:
1.) Each commission shall decide matter or
cases by a majority vote of all the members
within 60 days from submission.
2) As Collegial bodies, each commission must
act as one, and no one member can decide a
case for the entire commission.
 Appeals:

1) Decisions, orders or rulings of the

COMELEC/COA may be brought on
certiorari to the SC.

2) Decisions, orders or ruling of the CSC

should be appealed to the CA.
The Civil Service refers to the body
of employee in any government
agency including all employees of
the government in general.
Composition/Qualifications/ Term
Composition:

1) Chairman

2) Commissioners 2 commissioners

Qualifications:

1) Natural-born citizens of the Philippines;

2) At least 35 years old at the time of their appointments;

3) With proven capacity for public administration; and local

management
4) NOT candidates for any elective position in
the elections immediately preceding their
appointment.

5) Appointees by the President to the CSC need

Commission on Appointments (CA)
confirmation.
 Term:
1) Chairman -7 years; Commissioner1 5 yrs;
Commissioner2 3 yrs

2) Limitation: single term only, no reappointment

3) Appointment to vacancy: only for unexpired term of

predecessor

4) No temporary appointments, or appointments in acting

capacity.
 Section 2. Scope
The Civil Service embraces all:

A. branches,

B. subdivisions,

C. instrumentalities,

D. agencies of the government,

E. including GOCCs with original charters.

 Appointments to civil service shall be:

A. Competitive positions- according to

merit and fitness to be determined by
competitive examinations, as far as practicable
except to positions which are policy-
determining, primarily confidential, or highly
technical.
B. Non-competitive positions- No need for competitive
examinations. Non- competitive positions are:
a) Policy-determining formulate a method of
action for the govt.
b) Primarily confidential more than ordinary
confidence; close intimacy insures freedom of
intercourse without betrayals of personal trust.
c) Highly technical requires technical skill to a
superior degree.
 Who may be appointed?
1). RULE: Whoever fulfills all the qualifications prescribed
by law for a particular position may be appointed therein.
2). The CSC cannot disapprove an appointment just because
another person is better qualified, as long as the appointee is
himself qualified.
3). The CSC CANNOT add qualifications other than those
provided by law.
Sections 6-7. Disqualification
1) Losing candidates in any election

a). Cannot be appointed to any office in the government or

GOCCs or their subsidiaries.

b). Period of disqualification: One (1) year after such

election

2) Elective officials

a). Not eligible for appointment or designation ANY

CAPACITY to ANY PUBLIC OFFICE or position during their
tenure.
 b). EXCEPTION: May hold ex officio positions.

c). To be eligible to hold any other office, the elected official

must first resign his office

d). Even Congress cannot, by law, authorize the appointment

of an elective official.

3). Appointive officials

a). Cannot hold any other office or employment in the

government, any subdivision, agency, instrumentality, including
GOCCs and their subsidiaries.
b). EXCEPTION: Unless otherwise allowed by law, or
by the primary functions of his position.

c). This exception DOES NOT APPLY to Cabinet

members, and those officers mentioned in Art. VII,
Sec. 13. They are governed by the stricter
prohibitions contained therein
 Section 8: Compensation
1. Prohibitions: applies to elected or appointed officers and
employees.

Cannot receive:
A. Additional an extra reward given for the same office i.e.
bonus
B. Double when an officer is given 2 sets of compensation for 2
different offices held concurrently by 1 officer
C. Indirect Compensation

2) EXCEPTION: Unless specifically authorized by law