THE CONSTITUTIONAL COMMISSIONS

Civil Service Commission Commission on Elections Commission on Audit

Description Watchdog of the financial operations of the

Is a constitutional commission which safeguards the government
core of republicanism and democracy

Effective instrument for ensuring the secrecy and

sanctity of ballots being the expression of the will of the
people

QUALIFICATIONS

Citizenship Natural-born Filipino Citizens

Age At least 35 years of age

Education/ Holder of a college degree CPA or lawyer

Profession

Affiliation and CPA with not less than 10 years of auditing experience
Experience Have not been candidates in the immediately preceding OR
election; Member of the Philippine Bar engaged in the practice
of law for at least 10 years
Majority, including the Chairman, must be members of
the Philippine Bar who have been engaged in the
practice of law for at least 10 years. [Sec. 1, Art. IX-C,
Constitution]
Ø Respondent’s past work experiences as a lawyer-
economist, a lawyer-manager, a lawyer-entrepreneur of
industry, a lawyer-negotiator of contracts, and a lawyer-
legislator of both the rich and the poor, verily more than
 satisfy the constitutional requirement of practice of law
for at least 10 years [Cayetano vs. Monsod]
Ø Actual court or litigation experience is not required for
one to be considered engaged in the practice of law

COMPOSITION

Chairman and 6 commissioners; Chairman and 2 commissioners;

Majority should be members of the Philippine Bar who At no time shall all members of the commission belong
have been engaged in the practice of law for at least to the same profession
ten years

Term 7 years without reappointment

Appointments
Appointed by the President with the consent of the
Commission on Appointments

Not appointed or designated in a temporary or acting

capacity

Powers and Powers of Comelec a) Examine, audit, and settle all accounts
Functions OMNIBUS ELECTION CODE; not in regular courts b) Keep general accounts and preserve vouchers
c) Define the scope of audit and methods
Necessary election rules and regulations to enforce d) Promulgate accounting and auditing rules and
and administer all election laws regulations
Ex: pre-election acts
COA officers
“Ascertainment of the identity of a political party and its
legitimate officers”

Regulatory power over media of transportation,

communication, and information;

Authority to annul results of a plebiscite

 Disqualification of a convict to run for public offce

DOES NOT INCLUDE:

● Denial of a COC filed in due form without

“opportunity to be heard” Timbol vs Comelec
● Unofficial quick count of presidential election
results

● Contempt Powers

may sit En banc

or in two Shall promulgate its rules of procedure in order to
divisions expedite disposition of election cases, including pre-
proclamation controversies

All such election cases shall be heard and decided in

division provided that motions for reconsideration of
decisions shall be decided en banc

It is settled that election cases, including proclamation

contests, must first be heard and decided by the
Comelec in division

The Court held that if a case which should go to the

Comelec En Banc is erroneously filed with a division, it
may automatically be elevated to the Comelec En banc
(not provided for in the Comelec Rules of Procedure, but
such action is not prohibited. [Mutilan vs. Comelec]

Comelec Rules “Means to Effect Jurisdiction. – All auxiliary writs,

of Procedure processes and other means necessary to carry into
(Sec. 4, Rule 2) effect its power or jurisdiction is not specifically provided
for by law or these rules, any suitable process or
proceeding may be adopted.”

Hence, there is nothing in the Comelec Rules of

Procedure to prevent the Comelec Second Division from
referring the petition to annul the elections to the
Comelec En banc.

The rule that all election cases, including pre-

proclamation cases, should first be heard and decided
by the Comelec in division applies only when the
Comelec exercises its adjudicatory of quasi-judicial
functions, not when it exercises purely administrative
functions.

Nature and
Scope of Powers As provided for by in the Constitution, no law shall be
passed exempting any entity of the Government or its
subsidiary, in any guise whatever, or any investment of
public funds, from the jurisdiction of the Commission on
Audit. [Sec. 3, Art. IX-D, Constitution]

COA is endowed with latitude to determine, prevent and

disallow irregular, unnecessary, excessive, extravagant,
or unconscionable expenditures of government funds.
[TESDA vs. COA]

COA prohibits their personnel from availing all forms of

loan, monetary benefits from agencies under their audit
jurisdiction as stated in COA Resolution issued only in
2004. Section 18 of RA 6758 prohibits COA personnel
from receiving salaries, honoraria, bonuses, allowances
or other emoluments from any government entity, local
government unit, government-owned and –controlled
 corporations and government financial institutions
except those compensations paid directly by the COA
out of its appropriations and contributions. [Nacion vs.
COA]

COA officials need to be insulated from unwarranted

influences, so that they can act with independence and
integrity.

The jurisdiction of COA over money claims against the

government does not include the power to rule on the
constitutionality or validity of laws. [Pareño vs. COA]

While the determination of leave benefits is within the

functions of the CSC as the central personnel agency of
the government, the duty to examine accounts and
expenditures relating to such benefits properly pertains
to the COA. Where government expenditures or use of
funds is involved, the CSC cannot claim exclusive
jurisdiction simply because leave matters are involved.
The SC recognized CSC’s jurisdiction, its power is not
exclusive as it is shared with the COA. [CSC vs. Pobre]

COA cannot disallow the Judiciary to manage and

dispose its own resources because it has fiscal
autonomy. COA’s authority is on post-audit basis only.

ROSALIA:
THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
ARTICLE IX
Constitutional Commissions

A. COMMON PROVISIONS
B. CIVIL SERVICE COMMISSION
C. COMMISSION ON ELECTIONS
D. COMMISSION ON AUDIT

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

Attributes:
✔ Constitutionally-created.
✔ Conferred certain powers and functions..

Commission:
✔ may appoint heir own officials and employees in accordance with civil service law.
✔ enjoy fiscal autonomy, in the sense that once approved, it should be automatically and regularly released to them. (CSC vs DBM)
✔ each commission En Banc may promulgate it’s own procedural rules, provided that they do not diminish, increase or modify substantive rights

Chairmen and members:

✔ are subject to certain disqualifications calculated to strengthen their integrity (Visarra vs Miraflor; CSC vs Pobre)
✔ salaries are fixed by law and shall not decrease during their tenure
✔ given fixed term of office of seven years without reappointment
✔ may not be appointed or designated in a temporary or acting capacity
(Brillantes vs Yorac; Matibag vs Benipayo)
✔ cannot be removed except by impeachment or upon the expiration of their term

Common Prohibitions on members of the Constitutional Commissions:

❖ Hold any other office or employment
❖ Engage in the practice of any profession
❖ Engage in the active management and control of any business which in any way may be affected by the function of his office
❖ 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 GOCCs or their subsidiaries
(Funa vs CSC Chairman Duque)