ART.

IX: CONSTITUTIONAL COMMISIONS

A. COMMON PROVISIONS
Sec 1: Constitutional Commissions consist of:
1. Civil Service Commission: Personnel office of the government
2. Commission on Elections: Administration of all the important electoral process
3. Commission on Audit: Auditing office
- To protect their integrit! the are "#$EPE#$E#T constitutional %odies.
Sec. 2: Commissioner shall not engage in the practice of an profession or in the active management or control of
an %usiness! &hich in an &a ma %e affected % the function of his office
- This does not include teaching
- $oes not include %eing a managing officer or mem%er of a governing %oard of a %usiness
Sec 3: Salar: 'i(ed % la&
Shall not %e decreased during tenure
Sec ): the are given independent po&ers of appointment. *ust %e in accordance &ith la&
Sec +: 'iscal autonom: automaticall and regularl released
Sec ,: Commission en %anc promulgates their o&n rules of procedure
- -ules must not diminish! increase! or modif su%stantive rights
- -ules must not %e inconsistent &ith la& and remain valid unless disapproved % SC
- Commissioners are given a fi(ed term
- Commissioners are remova%le .#/0 % "*PEAC1*E#T
"n Case of C.#'/"CT %et&een rules of Court of -ules of Procedure! &hat prevails2
3efore Commission: -ules of the Commission
3efore Court: -ules of Court
Sec 4: $ecisions are made % the %od! % ma5orit vote of the Commission.
- There is no decision until the draft is signed and promulgated
$ecisions must %e made &ithin ,6 das from the date a case or matter is su%mitted 7mandator8
$ecisions ma also %e %rought to the Supreme Court on certiorari
- Certiorari decisions are limited to decisions rendered in actions or proceedings ta9en cogni:ance of %
the Commissions in the e(ercise of their ad5udicator pr ;uasi-5udicial po&ers
Sec <: Each commission shall perform such other functions as ma %e provided % la&
B. CIVIL SERVICE COMMISSION
Sec 1: Composition: 1 Chairman
2 Commissioners
=ualifications: #atural %orn citi:en
At least 3+ ears of age during the time of their appointment
Proven capacit for pu%lic administration
*ust not have %een a candidate for an E/ECT">E position in elections immediatel
preceding appointment
Term: 4 ears &ithout reappointment
Appointed % the President! &ith the consent of the Commission on Appointments
- Applies even if commissioner has served for less than 4 ears
- Staggered -otational Sstem: to achieve continuit
-e;uirements: Appointment to an vacanc shall %e onl for une(pired portion of the term
Starting point: 'e%ruar 2 even if the actuall assumes office later than 'e% 2
#o mem%er shall %e appointed in a temporar or acting capacit
- $uring vacancies! the Commission must choose the temporar Chairman
.%5ective: to esta%lish and promote professionalism and efficienc in pu%lic service
Sec 2: Scope: All %ranches! su%divisions! instrumentalities! and agencies of the government
Covers all government-o&ned or controlled corporations &ith original charter 7created % special la&8
- "ncludes %oth officers and emploees
Classification:
18 Competitive: merit and fitness for entr re;uires passing competitive e(aminations
28 #on-competitive: merit and fitness for entr are determined through other standards
- Polic $etermining: formulates a method of action for the government
- Primaril Confidential: primaril close intimac! &hich insures freedom of e(change &ithout
%etraals of personal trust on confidential matters of state
- 1ighl Technical: must posses a technical s9ill or training in the supreme or superior degree
-ole: limited to the determining of the ;ualifications of the candidates for appointment
- *a not su%stitute its 5udgment for that the appointing authorit
Securit of Tenure: Suspension or dismissal can %e made onl for causes provided % la&
- 'or emploees holding primaril confidential positions! their term continues so long as confidence in
them endures. Termination can %e 5ustified on the ground of loss of confidence %ecause &hat is
involved is e(piration of their term of office
- A%olition of office is different from removal? @here the a%olition of an office is done in good faith! not
for personal or political reasons and not in violation of the la&! it is allo&ed % the constitution.
- .nl en5oed % those &ho possess a permanent appointment
Civil Service must %e free of the effects of political partisanship
- $oes not appl to mem%ers of the Ca%inet
-ight to Self-.rgani:ation: right to organi:e does not include the right to stri9e
Sec 3: Central personal agenc of the government
- As an administrative agenc! it can onl perform e(ecutive! ;uasi-5udicial and rule-ma9ing po&ers
Sec ): All officials must uphold and defend the Constitution
- "ncludes %oth elective and appointive officials
Sec +: Competent administrators can onl %e attracted through ade;uate compensation
Sec ,: $efeated candidates ma not %e elected &ithin 1 ear follo&ing their defeat to an office in the government
Sec 4: #o E/ECT">E officials other than mem%ers of congress can accept appoints during their tenure
- "f elective official accepts and appointment &ithout resigning: invalid appointment
- Congress ma not create an e(ception to this rule
APP."#T">E ma hold another office if: Allo&ed % la&
Allo&ed % the primar function of their position 7e(-officio8
Sec <: #.T A//.@E$:
18 Additional Compensation: &hen for one office a compensation has %een fi(ed! there is added to such fi(ed
compensation an e(tra re&ard in the form of a %onus
- *a %e allo&ed if the la& authori:es such compensations
- -eim%ursement for e(penses is not an additional compensation
28 $ou%le Compensation: 2 sets of compensations for 2 different offices held currentl % 1 officer
- *a onl receive dou%le compensation if he is specificall authori:ed % la& to do so.
- Pensions and gratuities are not considered as additional! dou%le or indirect compensation
38 Acceptance of an present! emolument! office! or title from a foreign state
- E(ception: titles of religious! academic or scientific nature

C. C.**"SS".# .# E/ECT".#S
Sec 1: Composition: 1 Chairman
, Commissioners
=ualifications: #atural %orn citi:en
At least 3+ ears of age during the time of their appointment
1olders of a college degree
- *a5orit shall %e mem%ers of "3P! engaged in the practice of la& for at least 16 ears
- Engaged in the practice of la&: an activit &hich re;uires the application of la&s! legal
9no&ledge! training and e(perience
*ust not have %een a candidate for an E/ECT">E position in elections immediatel
preceding appointment
Term: 4 ears &ithout reappointment
Appointed % the President! &ith the consent of the Commission on Appointments
- applies even if commissioner has served for less than 4 ears
- Staggered -otational Sstem: to achieve continuit
-e;uirements: Appointment to an vacanc shall %e onl for une(pired portion of the term
Starting point: 'e%ruar 2 even if the actuall assume office later than 'e% 2
#o mem%er shall %e appointed in a temporar or acting capacit
$uring vacancies! the Commission must choose the temporar Chairman
Sec. 2: As an administrative agenc! po&ers it posses are e(ecutive! ;uasi-5udicial and rule-ma9ing.
- E(ception: given 5udicial po&er to %e the sole 5udge of all contests relating to elections! ;ualifications
and returns of all elective local officials. "tAs 5udicial po&er is limited.
- Comelec ma promulgate its o&n rules of procedure
- =uasi-5udicial po&er: ma punish for contempt
- =uasi-legislative: po&er to issue rules and regulations to implement election la&s
Election Contests: .riginal 5urisdiction over: elective regional! provincial and cit officials
Appallate Burisdiction over: elective municipal or %aranga officials
- "ncludes the po&er to issue &rits of certiorari! prohi%ition and mandamus
- 3E'.-E Proclamation of elected officials: Comelec has authorit to decide &hether a person has
the constitutional ;ualifications needed to %e voted
- A'TE- Proclamation of elective officials: Burisdiction is transferred to the Electoral Tri%unals
- Comelec is su%5ect to 5udicial revie& % the Supreme Court
Po&ers #.T C">E#:
18 ;uestions involving the right to vote
28 po&er to transfer municipalities from one congressional district for another
Commission has the authorit to deputi:e! & the concurrence of the president! la& enforcing agencies and
instrumentalities for the e(clusive purpose of ensuring free! orderl! honest! peaceful and credi%le elections
- %ut the have no authorit to discipline these agencies
"n charge of registering political parties and organi:ations
- organi:ations other than political parties are allo&ed to register
- all parties are not allo&ed representation in registration %oards! %oards of inspectors and canvassers
"mportance of registration:
18 Creates 5uridical personalit for the parties
28 "nforms the people of the partAs e(istence and ideals
38 "dentifies the parties and officers for purposes of regulation
)8 Dnregistered partiesEorgani:ations cannot participate in the part-list sstem
- Ever political part or organi:ation should %e allo&ed to register.
E(cept: -eligious dominations and sects
- refers to religious organi:ations and not parties &hich dra& inspiration frm religious %eliefs
Those &ho see9 to achieve their goals through violence or unla&ful means
Those &ho refuse to uphold and adhere to this constitution
Those &ho are supported % a foreign government
Commission is given e(clusive authorit po&er to investigate and prosecute election offenses
- "ntended to ena%le Comelec to insure free! orderl and honest elections
- This does not include disciplinar authorit! at most! the can onl recommend disciplinar action
- Covers %oth criminal and administrative cases
-ecommendator po&ers:
18 Effective measures to minimi:e election spending
28 To the President the removal of an officer or emploee
38 Su%mit comprehensive report on the conduct of each election! ple%iscite! initiative! referendum and
recall

Sec 3: Comelec ma sit E# 3A#C or in 2 $">"S".#S
- decisions on an case or matter are reached % ma5orit vote.
- The shall decide all election cases %rought &ithin F6 das from date of su%mission 7not a hard fast rule8
"mportant rules: *otions for reconsideration are decided en %anc
Election cases are decided in division
Sec ): Comelec ma supervise and regulate pu%lic utilities! media and franchises! $D-"#C election period
- mass media plas and impt role and can %e used to disrupt free! orderl and honest elections
Sec +: Pardon! Amnest! Parole or suspension of sentence for violation of election la&s ma onl %e granted % the
president if Comelec gives a 'A>.-A3/E recommendation
Sec ,: Promote a *ulti-part or open part sstem
Sec 4: #o votes cast in favor of a political parties! organi:ation or coalition shall %e valid! e(cept those registered
under the part list sstem
Sec <: Parties! organi:ations under part-list: no representation in the voters registration %oard
- ho&ever! the are entitled to appoint poll &atchers in accordance &ith la&
Sec F: Election Period: period needed for administering an election
- 126 das 7F6 %efore the da of elections and 36 das after8
- in special cases! Commission is authori:ed to fi( a different period
Campaign Period: period of active solicitation of votes
- ma %e set % the legislature for a period less than the election period
Sec 16: Candidates shall %e free from an form or harassment
- %ased on the e;ual protection clause
Sec 11: 'iscal autonom: automaticall and regularl released
- Also e(empted from pre-audit
- 1elps in strengthening the independence of the commission