CONSTI The Constitutional Commissions Flashcards
There are now three constitutional commissions, to wit:
- The Civil Service Commissions
- The Commission on Elections
- Commission on Audit
The Constitutional Commissions. (Administrative Bodies)
The Civil Service Commission, Commission on Audit, and the Commission on Elections, perform key functions in the government. The first is the personnel office of government, the second the auditing
office, and the third is charged with the administration of the all important electoral process. In order to protect their integrity, they have been made independent constitutional bodies.
To ensure the independence of these bodies, the following guarantees are prescribed in the new Constitution:
- Created by the Constitution
- Described in the Constitution as independent
- Powers, Functions which cannot be withdrawn or reduced Statute
- Chairmen and members of all these Commissions may not be removed from office except by impeachment
- Chairmen and members are given 7 years - Under this system, the original appointees were to be given terms of three, five, and seven years, respectively, so that a vacancy was supposed to occur every two years and to be filled by subsequent appointees who would serve the full term of seven years. The object is to minimize the opportunity of the President to appoint during his own term more than one member or group of members in the Constitutional Commissions and thereby bind the majority thereof to a debt of gratitude and loyalty to him that might impair their independence. It is also intended to ensure continuity of the body and it policies.
- Terms of office chairmen and members are staggered to lessen the opportunity for appointment of the majority of the body by the same President - The object is to minimize the opportunity of the President to appoint during his own term more than one member of group of members in the Constitutional Commissions and thereby bind the majority thereof to a debt of gratitude and loyalty to him that might impair their independence. It is also intended to ensure continuity of the body and its policies.
- Chairmen and members may not be reappointed or appointed in acting capacity
- Salaries of chairmen and members are relatively high and may not be decreased during their continuance in office - The purpose of the prohibition against the decrease is to prevent the legislature from exerting pressure upon the Commissions by operating on their necessities.
- Fiscal autonomy -Automatic release of funds. The obligation of the Department of the Budget Department to automatically release amounts appropriated for offices with fiscal autonomy
means that the DBM may not retain a portion of the amount nor may it program release. The “no report, no release” policy of the Commission on Audit may not be validly enforced against offices vested with fiscal autonomy for whom, according to the Constitution, appropriations
must be automatically released. Section 5 gives them fiscal autonomy, that is, their approved annual
appropriations shall be automatically and regularly released and
shall not be subject to pre-audit. Contemplates a guarantee of full flexibility to allocate and utilize their resources with the wisdom and dispatch that their needs require.
It recognizes the power and authority to levy, assess and collect fees, fix rates of compensation not exceeding the highest rates authorized by law for compensation and pay plans of the government and allocate and disburse such sums as may be provided law or prescribed by them in the course of the discharge of their functions.
This is not to say that agencies vested with fiscal autonomy have no reporting responsibility at all to the DBM. Constitutional commissions clothed with fiscal autonomy for that matter May (The word may is permissive) submit reports relative to its appropriation for records purposes only.
Ex. But has no authority to reclassify, upgrade and create positions without approval of the DBM.
They are authorized to formulate and implement the organizational structures of their respective offices and determine the compensation of their personnnel such authority is not absolute and must be exercised within the paramaters of the Compensation Standardization Law.
- May promulgate its procedural rules
- Chairmen and members of all these commissions are subject to disqualifications amd inhibitions calculated to strengthen their integrity - Thepurpose of these disqualifications is to compel the chairmen and members of the Constitutional Commissions to devote their full attention to the discharge of their duties and as well to remove from them any temptation to take advantage of their official positions for selfish purposes.
- Allowed to appoint their own officials and employees in accordance with the Civil Service law
The purpose of the prohibition against the decrease of salaries?
Originally received 204,000 annual salary (chairmen) and 180,000 annual salary (members)
Salaries of chairmen and members are relatively high and may not be decreased during their continuance in office - The purpose of the prohibition against the decrease is to prevent the legislature from exerting pressure upon the Commissions by operating on their necessities.
Explain! Section 2. No member of a Constitutional Commission shall, during his tenure, hold any other office or employment. Neither shall he engage in the practice of any profession or in the active management or control of any business which, in any way, may be affected by the functions of his office, nor shall he 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 government-owned or controlled corporations or their subsidiaries.
Section 2 imposes on these Commissions a list of prohibitions against engaging in activities which can distract them from their responsibilities or subject them to pressures and temptations. The clause which says that a Commissioner shall not “engage in the practice of any profession or in the active management or control of any business
which in any way may be affected by the functions of his office” was the subject of prolonged discussion. It was made clear that “practice of a profession,” at least for the purpose of this prohibition, does not
include teaching. Thus, a lawyer who teaches law does not thereby, for
the purpose of this provision, violate the prohibition of practice of a
profession. The prohibition of “active management” of a business does
not prohibit a Commissioner from owning a business but it prohibits
him from being a managing officer or a member of the governing board
of a business “which in any way may be affected by the functions of his
office,” a qualifying phrase which does not apply to the prohibition of
practice of a profession.” The prohibition of financial interest in government
contracts or franchises applies also to contracts with “subsidiaries”
of government corporations, that is, corporations formed not by
special law but by mother corporations through the general corporation
law.5
Section 3 protects their salary from diminution during their continuance
in office.6 Section 4 gives them independent powers of appointment
but in accordance with law.
What is the intention of Staggering of the terms of the members of the Commissions?
The staggering of the terms of the members is intended not only
- to lessen the opportunity of the President to appoint a majority of the body during his term, but also
- to ensure the continuance of the body, which always retains two-thirds of its membership even as one-third is vacated every two years.
- The system is also expected to stabilize the policies of the body as maintained by the remaining members
Note: No member of the Commission shall be designated in a temporary or acting capacity, to confirm the ruling in the case of Nacionalista Party v Bautista
What are the other Perquisites of the Constitutional Commissions?
Other Perquisites
Like the Supreme Court, The Commissions are empowered to appoint their own officials and employees in accordance with the civil service laws. They also enjoy fiscal autonomy
- Appoint their own officials
- Enjoy Fiscal autonomy
Section 5. The Commission shall enjoy fiscal autonomy. Their approved annual appropriations shall be automatically and regularly released. What is the meaning of Fiscal autonomy?
Section 5. The Commission shall enjoy fiscal autonomy. Their approved annual appropriations shall be automatically and regularly released. What is the meaning of Fiscal autonomy?
Fiscal autonomy -Automatic release of funds. The obligation of the Department of the Budget Department to automatically release amounts appropriated for offices with fiscal autonomy
means that the DBM may not retain a portion of the amount nor may it program release. The “no report, no release” policy of the Commission on Audit may not be validly enforced against offices vested with fiscal autonomy for whom, according to the Constitution, appropriations
must be automatically released. Section 5 gives them fiscal autonomy, that is, their approved annual
appropriations shall be automatically and regularly released and shall not be subject to pre-audit. Contemplates a guarantee of full flexibility to allocate and utilize their resources with the wisdom and dispatch that their needs require.
It recognizes the power and authority to levy, assess and collect fees, fix rates of compensation not exceeding the highest rates authorized by law for compensation and pay plans of the government and allocate and disburse such sums as may be provided law or prescribed by them in the course of the discharge of their functions.
This is not to say that agencies vested with fiscal autonomy have no reporting responsibility at all to the DBM. Constitutional commissions clothed with fiscal autonomy for that matter May (The word may is permissive) submit reports relative to its appropriation for records purposes only.
Note: But the commission has no authority to reclassify, upgrade and create positions without approval of the DBM.
They are authorized to formulate and implement the organizational structures of their respective offices and determine the compensation of their personnnel, such authority is not absolute and must be exercised within the paramaters of the Compensation law
Section 6. Each Commission en banc may promulgate its own rules concerning pleadings and practice before it or before any of its offices. Such rules, however, shall not diminish, increase, or modify substantive rights. Meaning
As previously observed, under Section 5 (5) of Article 8 of the Constitution, Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the under-privileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.
How do they make their decisions ( Constitutional Commissions)?
Proceedings
Section 7. Each Commission shall decide by a majority vote of all its Members, any case or matter brought before it within sixty days from the date of its submission for decision or resolution. A case or matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the rules of the Commission or by the Commission itself. Unless otherwise provided by this Constitution or by law, any decision, order, or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from receipt of a copy thereof.
Voting requirements of the Constitutional Commission?
Section 7. Each Commission shall decide by a majority vote of all its Members, any case or matter brought before it within sixty days from the date of its submission for decision or resolution. A case or matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the rules of the Commission or by the Commission itself. Unless otherwise provided by this Constitution or by law, any decision, order, or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from receipt of a copy thereof.
How many days shall the Commission decide?
Section 7. Each Commission shall decide by a majority vote of all its Members, any case or matter brought before it within sixty days from the date of its submission for decision or resolution. A case or matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the rules of the Commission or by the Commission itself. Unless otherwise provided by this Constitution or by law, any decision, order, or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from receipt of a copy thereof.
A case or matter is deemed submitted for decision or resolution upon the filing
The filing of the last pleading, brief or memorandum required by the rules of the Commission or by the Commission itself.
Any decision, order, or ruling of each Commission may be —————————by the aggrieved party within ————— from receipt of a copy thereof.
brought to the Supreme Court on certiorari by the aggrieved party within thirty days from receipt of a copy thereof.
The decisions, orders, and rulings of the Constitutional Commission may be elevated to
the Supreme Court in a petition for certiorari. This proceeding is limited to issues involving grave abuse of discretion resulting in lack or excess of jurisdiction and does not ordinarily empower the Court to review the factual findings of the Commissions.
What is the applicable mode of review from the decisions, orders or rulings of Commissions of Elections and the Commission on Audit?
Rule 64 of the Rules of Court
What is the applicable mode of review from the decisions, orders or rulings of Civil Service Commissions?
With respect to the adjudications of the CSC, RA 7902 has included it as among the Quasi-Judicial agencies whose awards, judgments, final orders or resolutions would be appealable to the Court of Appeals under Rule 43 of the Rules of Court
Only Final orders,rulings and decisions of the COMELEC EN BANC maded in the exercise of its adjudicatory or quasi-judicial power may be reviewed by the Supreme Court on certioari within 30 days from its receipt of a copy thereof
Only final orders,rulings and decisions of the COMELEC EN BANC made in the exercise of its adjudicatory or quasi-judicial power may be reviewed by the Supreme Court on certioari within how many days from its receipt of a copy thereof?
within 30 days from its receipt of a copy thereof
The Supreme Court made it clear that its review authority under the constitution does not cover interlocutory orderss or even final resolutions of a Division of the Comelec unless:
- Interlocutory orders were issued without or in excess of jurisdiction or in excess of jurisdiction or with grave abuse of discretion, as when it does not appear to be specifically provided under the COMELEC’ss Rules of Procedure;
- Or when the matter is one that only the COMELEC en banc may consider and act upon;
- Or when the Division is not authorized to take cognizance of a matter;
- Or when the members of a division unanimously vote to refer a matter to the COMELEC en banc without first deciding upon it
- Or when the resolution sought to be set aside is a nullity.
Section 7. Each Commission shall decide by a majority vote of all its Members, any case or matter brought before it within sixty days from the date of its submission for decision or resolution. A case or matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the rules of the Commission or by the Commission itself. Unless otherwise provided by this Constitution or by law, any decision, order, or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from receipt of a copy thereof.
Proceedings
The Constitution requires that a majority vote of all the members of the Comelec, and not only those who participated and took part in the deliberations, would be necessary for the pronouncement of a decision, resolution, order or ruling.
The reason of change of Civil Service Commission
Because we believe that the Civil Service created by law has not
been able to eradicate the ills and the evils envisioned by the framers
of the 1935 Constitution; because we believe that the Civil Service
created by law is beholden to the creators of that law and is
therefore not politics-free, not graft-free and not corruption-free;
because we believe that as long as the law is the reflection of the
will of the ruling class, the Civil Service that will be created and
recreated by the law will not serve the interest of the people but
only the personal interest of the few and the enhancement of family
power, advancement and prestige.
The general objective of a civil service system is?
To establish and promote professionalism and efficiency in public service. This too is the
object of the Civil Service system under the Constitution
THE CIVIL SERVICE COMMISSION (Composition)
Section 1. The civil service shall be administered by the Civil Service Commission composed ———- ————– of a 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.
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.
Chairman and two Commissioners
THE CIVIL SERVICE COMMISSION (Qualifications)
Section 1. The civil service shall be administered by the Civil Service Commission composed of a Chairman and two Commissioners who shall be?
The Chairman and Commissioners must be
(1) natural-born citizens,
(2) at the time of their appointment, at least thirty-five years of age,
(3) “with proven capacity for public administration,” and
(4) “must not have been candidates for any elective position in the elections immediately
preceding their appointment.”
- 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, “Proven capacity for public administration” refers to demonstrated experience, skills, and competence in managing and executing government policies, programs, and services. This often includes a track record of successful leadership, decision-making, and effective management in public sector roles. It also implies a deep understanding of the workings of government, adherence to legal and ethical standards, and the ability to navigate complex administrative processes.
In essence, it’s about having a verifiable history of effectively running public affairs and ensuring that government functions and services are delivered efficiently and responsibly.
* and must not have been candidates for any elective position in the elections immediately preceding their appointment.
B. THE CIVIL SERVICE COMMISSION (Term of office)
Section 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.
The Chairman and the Commissioners shall be appointed by the ———- with the consent of the ———— for a term of ———— without reappointment. Of those first appointed, the Chairman shall hold office for ———-, a Commissioner for ———-, and another Commissioner for ———-, 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.
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.
and must not have been candidates for any elective position in the elections immediately preceding their appointment. Meaning?
For example, if someone is being appointed to a government position, they must not have been a candidate in the last election to avoid any potential bias or favoritism.
“Without reappointment” means
“Without reappointment” means that a person cannot be appointed to the same position again after their term or period of service has ended. This clause is often included to ensure that the role is filled by different individuals over time, preventing any one person from holding the position indefinitely.
What are the scope of the Civil Service?
Article IX-B, 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.
What is the test for determining whether a government owned or controlled corporation is subject to the Civil Service Law?
The test is the manner of its creation. Corporations created by special charter or granted legislative charters and not organized under the Corporation code are subject to the Civil Service, whereas corporations incorporated under the corporation law are not.
Corporations with original charters are those created by special law, like the Government Service Insurance system and the Social Security System.
Example
* GSIS, SSS. Corprations which are subsidiaries of these chartered agencies are not within the coverage of the civil service
* Local water districts
* National Electrification Administration
* the National Irrigation Administration and local water districts
* The Philippine Amusement and Gaming Corporation,
* The Philippine Casino Operators Corporation and
* the Philippines Special Services Corporation
* Duty Free
* The Trade and Investment Development Corporation
