ARTICLE 9 CONSTITUTIONAL COMMISSIONS

SECTION 1-3

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

Three Constitutional Commissions:

1. Civil Service Commission
2. Commission on Elections
3. Commission on Audit

1. Civil Service Commission

 Used to be a statutory body until it was elevated to its present status by the 1973 Charter

2. Commission on Elections & Commission on Audit

 Was originally called the General Auditing Office, were originally provided for under the
1935 Constitution.

Note: The CSC, COMELEC, and COA are equally pre-eminent in their respective shares. Neither one may
claim dominance over the others. In case of conflicting rulings, it is the judiciary, which interprets the
meaning of the law and ascertains which view shall prevail.

Note: Functions are executive in nature, but are not under the jurisdiction of the Philippine President.

Guarantees of Independence provided for by the Constitution to the 3 Commissions.

1. These bodies are created by the constitution.
 They are constitutionally- created: may not be abolished by statute of its judicial functions.
2. Described in the Constitution as independent.
 Each commissions is expressly described as independent.
3. Each is conferred certain powers and functions.
 Which cannot be withdrawn or reduced by statute.
4. The chairmen and members… may not be removed from office except by impeachment.
 Chairmen and members cannot be removed except by impeachment.
5. The chairmen and members… are given fairly long term of 7 years.
 Chairmen and members are given long terms of office for 7 years.
6. The terms of office of chairmen and members… are staggered… as to lessen the opportunity for
appointment of the majority of the body by the same president.
 The commissions follow the rotational scheme or staggered appointments and terms of
office.
7. The chairmen and members may not be reappointed or appointed in an acting capacity.
8. Salaries of chairmen and members are relatively high and may not be decreased during
continuance of office.
9. Commissions enjoy fiscal autonomy.
 10. Commissions may promulgate its own procedural rules.
 Provided they do not diminish, increase or modify substantive rights (though subject to
disapproval by the Supreme Court).
11. Chairmen and members are subject to certain disqualifications and inhibitions calculated to
strengthen their integrity.
12. Commission may appoint their own officials and employees in accordance with Civil Service Law.

Salaries
 Chairmen- P204,000.00 (Annual Salary)
 Members- P180,000.00 (Annual Salary)
 Salaries may be increased by a statute but may not be decreased during incumbent’s term
of office.
 The decrease is prohibited to prevent the legislature from exerting pressure upon the
Commissions by “operating on their necessities”.
 Salaries may be increased, as a realistic recognition of the need that may arise to adjust
the compensation to any increase in the cost of living.
Term
 7 years without reappointment
Note: Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall
any member be appointed or designated in a temporary or acting capacity.

Note: A member of a Constitutional Commission may be extended a promotional appointment as

Chairman, the same must not result in either exceeding the total 7 year term of the member, nor result in
appointments which would be shorter that the prescribed term.
 ARTICLE 9 CONSTITUTIONAL COMMISSIONS
SECTION 1-3

Section 1: (1) The civil service shall be administered by the Civil Service Commission composed of a
Chairman and two Commissioners who shall be natural-born citizens of the Philippines and, at the time of
their appointment, at least thirty-five years of age, with proven capacity for public administration, and must
not have been candidates for any elective position in the elections immediately preceding their
appointment.

(2) The Chairman and the Commissioners shall be 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 shall hold office for seven years, a Commissioner for five years, and another Commissioner
for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of
the predecessor. In no case shall any Member be appointed or designated in a temporary or acting
capacity.

Civil Service Commission

 Refers to the body of employee in any government agency including all employees of the
government in general.

Composition
 1 Chairman
 2 Commissioners

Qualifications
 Natural-born citizens of the Philippines.
 At least 35 years old at the time of their appointments.
 With proven capacity for public administration and local management.
 Not candidates for any elective position in the elections immediately preceding their appointment.
 Appointees by the President to the CSC need Commission on Appointments confirmation.

Term
 Chairman- 7 years
 Commissioner 1- 5 years
 Commissioner 2- 3 years
 Limitation: single term only, no reappointment
 Appointment to vacancy: only for unexpired term of predecessor
 No temporary appointments, or appointments in acting capacity.
Section 2: (1) The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the
Government, including government-owned or controlled corporations with original charters.

(2) Appointments in the civil service shall be made only according to merit and fitness to be determined, as
far as practicable, and, except to positions which are policy determining, primarily confidential, or highly
technical, by competitive examination.

(3) No officer or employee of the civil service shall be removed or suspended except for cause provided by
law.

(4) No officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or
partisan political campaign.

(5) The right to self-organization shall not be denied to government employees.

(6) Temporary employees of the Government shall be given such protection as may be provided by law.

Scope
 Branches
 Subdivisions
 Instrumentalities
 Agencies of the Government
 Including Government- Owned or Controlled Corporations (GOCCs) with original charters

Government- Owned or Controlled Corporations (GOCCs)

 Refers to any agency organized as a stock or non- stock corporation, vested with functions relating
to public needs whether governmental or proprietary in nature, and owned by the Government of
the Republic of the Philippines directly or through its instrumentalities either wholly or, where
applicable, as in the case of stock corporations, to the extent of at least a majority of its outstanding
capital stock. (RA 10149).

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.
 Non- competitive positions- no need for competitive examinations. Non-competitive positions are:
o Policy- determining- formulate a method of action of the government.
o Primarily confidential- more than ordinary confidence; close intimacy insures freedom of
intercourse without betrayals of personal trust.
 o Highly technical- requires technical skill to a superior degree.

Who may appointed?

 Rule: Whoever fulfills all the qualifications prescribed by law for a particular position may be
appointed therein.
 The CSC cannot disapprove an appointment just because another person is better qualified, as
long as the appointee is himself qualified.
 The CSC cannot add qualifications other than those provided by law.