V. CONSTITUTIONAL COMMISSIONS Flashcards
V. CONSTITUTIONAL COMMISSIONS (1987 CONST., art. IX)
A. Powers, Functions, and Jurisdiction (1987 CONST., art. IX-A, sec. 8; art. IX-B, sec. 3; art. IX-C, secs. 2-5, 9 and 11; art. IX-D, secs. 2-4)
Ensures effectv efcnt neutral B
Ensures free honest E
Holds Govt A of its F
Article IX , 3 independent Consti Commissions: the Civil Service Commission (CSC), the Commission on Elections (COMELEC), and the Commission on Audit (COA). Here’s a breakdown of their powers with memorable illustrations:
- Civil Service Commission (CSC):
Power:
Ensures a **politically neutral, competent, and efficient BUREAUCRACY.
Example:
The CSC conducts civil service examinations to qualify individuals for government jobs based on merit, not political connections. Imagine a level playing field where anyone can enter government service through the CSC exams.
- Commission on Elections (COMELEC):
Power:
Supervises all elections and ensures FFH FREE FAIR HONEST ELECTIONS.
* Example: COMELEC registers voters, regulates campaign financing, and deploys personnel to polling stations to prevent fraud. Imagine a boxing match where both fighters have a fair chance to win, thanks to COMELEC’s refereeing.
- Commission on Audit (COA):
Power:
Holds the government ACCOUNTABLE for its finances.
* Example: The COA audits government agencies to ensure proper use of public funds. Imagine a family accountant reviewing expenses to see if the money is being spent wisely.
FUNCTIONS:
- Civil Service Commission (CSC):
Main Function: Ensures a politically neutral bureaucracy. - Commission on Elections (COMELEC):
Main Function: Oversees free and fair elections. - Commission on Audit (COA):
Main Function: Holds the government accountable for its finances.
JURISDICTION:
- Civil Service Commission (CSC):
Jurisdiction:
Covers matters related to government human resources.
Examples:
Conducting civil service examinations for government positions.
Enforcing the Code of Conduct and Ethical Standards for Public Officials and Employees (RA No. 6713).
Adjudicating cases involving disciplinary actions against government employees.
Easy-to-Memorize Phrase: “CSC: Champions Meritocracy in Government”
(Focuses on selecting qualified individuals based on merit, not political connections.) - Commission on Elections (COMELEC):
Jurisdiction:
Oversees all elections, including national, local, and barangay polls.
Examples:
Registering voters and political parties.
Enforcing campaign finance regulations.
Resolving election disputes and petitions.
Easy-to-Memorize Phrase: “COMELEC: Conducts Clean and Orderly Elections”
(Ensures a fair and honest electoral process.) - Commission on Audit (COA):
Jurisdiction:
Holds the government accountable for its finances.
Examples:
Auditing government agencies and entities.
Disapproving irregular, unnecessary, and extravagant expenditures.
Filing charges against government officials for misuse of public funds.
Easy-to-Memorize Phrase: “COA: Protects Public Funds”
(Ensures proper use of taxpayer money through audits and accountability measures.)
V. CONSTITUTIONAL COMMISSIONS (1987 CONST., art. IX)
B. Composition and Qualifications of Members (1987 CONST., art. IX-B, sec. 1; art. IX-C, sec. 1; art. IX-D, sec. 1)
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Here are the compositions and qualifications of members for the three constitutional commissions in the Philippines:
A. Civil Service Commission
Composition:
- 1 Chairperson
- 2 Commissioners
Qualifications:
- Natural-born citizens of the Philippines
- At least 35 years old at time of appointment
- Proven capacity for public administration
- Must not have been candidates for any elective position in the elections immediately preceding their appointment
B. Commission on Elections (COMELEC)
Composition:
- 1 Chairperson
- 6 Commissioners
Qualifications:
- Natural-born citizens of the Philippines
- At least 35 years old at time of appointment
- Holders of a college degree
- Must not have been candidates for any elective position in the immediately preceding elections
C. Commission on Audit
Composition:
- 1 Chairperson
- 2 Commissioners
Qualifications:
- Natural-born citizens of the Philippines
- At least 35 years old at time of appointment
- Certified public accountants with at least 10 years auditing experience, OR members of the Philippine Bar who have practiced law for at least 10 years
- Must not have been candidates for any elective position in the elections immediately preceding their appointment
V. CONSTITUTIONAL COMMISSIONS (1987 CONST., art. IX)
C. Prohibited Offices and Interests (1987 CONST, art. IX-A, sec. 2)
Not been C
No reapp - 7yTerm
No other office
- Prohibition on Candidacy for Elective Positions:
The members of the constitutional commissions, including the Commission on Audit (COA), Commission on Elections (Comelec), and Civil Service Commission (CSC), must not have been candidates for any elective position in the elections immediately preceding their appointment. - Prohibition on Reappointment:
The chairpersons and commissioners of these constitutional commissions can only be appointed for a term of 7 years without the possibility of reappointment. - Prohibition on Temporary or Acting Appointments:
In no case shall any member of the constitutional commissions be appointed or designated in a temporary or acting capacity. - Prohibition on Exemptions from the Jurisdiction of COA:
No law shall be passed exempting any entity of the government or its subsidiary from the jurisdiction of the Commission on Audit. - Prohibition on Holding Other Offices:
The Constitution does not explicitly prohibit the members of these commissions from holding other offices, but it requires that “at no time shall all Members of the Commission belong to the same profession.”
In summary, the key prohibited offices and interests for the members of the constitutional commissions in the Philippines include restrictions on candidacy for elective positions, reappointment, temporary appointments, exemptions from COA jurisdiction, and requirements on professional diversity within the commissions
V. CONSTITUTIONAL COMMISSIONS (1987 CONST., art. IX)
D. Review of Final Orders, Resolutions and Decisions
1. Rendered in the Exercise of Quasi-Judicial Functions – 1987 CONST, art. IX-A, sec. 7
Review of Final Orders of Constitutional Commissions in the Philippines
Based on the provided rules and Philippine law, here’s how final orders, resolutions, and decisions rendered in the exercise of the quasi-judicial function of the Constitutional Commissions (CSC, COMELEC, COA) are reviewed:
- Internal Review by the Commission (60 Days):
* Each commission decides cases by a majority vote of all its members within 60 days from the submission date.
* A case is considered submitted for decision upon filing the last pleading, brief, or memorandum required by the commission’s rules or by the commission itself.
Example:
A government employee contests their dismissal through the CSC. After filing the final memorandum, the CSC has 60 days to issue a decision (resolution) on the case. - Judicial Review by the Supreme Court (Optional):
* An aggrieved party (e.g., the dismissed employee) dissatisfied with the commission’s order can file a petition for certiorari with the Supreme Court within 30 days from receiving the order.
* Certiorari is a legal remedy to challenge the legality or jurisdiction of a lower court or tribunal (in this case, the commission)
Example:
The CSC dismisses the employee’s appeal. The employee disagrees with the decision and wants a higher court to review it. They file a petition for certiorari with the Supreme Court within 30 days of receiving the CSC’s decision. - Supreme Court Decision:
* The Supreme Court can either:- Affirm: Uphold the commission’s decision.
- Reverse: Overturn the commission’s decision and issue a new ruling.
-
Modify: Change the commission’s decision in some way.
Example:
The Supreme Court reviews the CSC’s decision and finds it was based on a procedural error. They may reverse the decision and order the CSC to re-evaluate the employee’s case following proper procedures.
- Additional Notes:
- The aggrieved party has the burden of proof to convince the Supreme Court that the commission’s decision was erroneous.
- Exhausting administrative remedies (going through the commission’s process) is usually required before seeking judicial review.
V. CONSTITUTIONAL COMMISSIONS (1987 CONST., art. IX)
D. Review of Final Orders, Resolutions and Decisions
- Rendered in the Exercise of Administrative Functions – 1987 CONST, art. IX-A, secs. 4 and 6
EXPLAIN THE ROLE OF THE CONSTITUTIONAL COMMISSIONS
- Civil Service Commission (Article IX-A, Sec. 8):**
- Focuses on building a professional and efficient bureaucracy.
- Promotes meritocracy through a career service system and rewards.
- Manages human resource development programs for government employees.
- Ensures public accountability through reports to the President and Congress.
Example: The CSC can conduct surprise inspections in government agencies to assess employee efficiency and adherence to ethical standards.
- Commission on Elections (Article IX-B, Sec. 3):**
- Streamlines the process for resolving election disputes.
- Cases are typically heard by divisions within COMELEC, with reconsideration by the entire commission.
- Aims for faster resolution of election-related controversies.
Example: COMELEC can deploy special teams to investigate vote-buying allegations during an election and expedite the resolution of disqualification cases against candidates.
- Commission on Audit (Article IX-C, Sec. 2-5):**
- Holds various government entities accountable for their finances.
- Audits government agencies, corporations, and even some NGOs receiving government funds.
- Defines the scope of audits, sets accounting and auditing rules, and prevents misuse of public funds.
- Ensures a budget is always in place by allowing the previous year’s budget to continue if Congress fails to pass a new one.
Example: The COA can flag irregularities in a department’s procurement process and recommend sanctions if public funds were misused.
Easy-to-Memorize Acronyms:
- CSC: Champions Meritocracy in Government
- COMELEC: Conducts Clean and Orderly Elections
- COA: Protects Public Funds
Current Event Illustration:
- In the 2022 Philippine national elections, COMELEC implemented stricter rules and faster resolution processes for vote counting and disqualification cases, reflecting their role as highlighted in Article IX-B.
Note: Remember that Articles IX-A to IX-E are not currently part of the official 1987 Philippine Constitution.
Challenging MCQs on the Philippine Constitution (Bar Prep Style)
Question 1: Civil Service Commission and Political Endorsements (CSC)
A government agency director publicly endorses a candidate for mayor in the upcoming local elections. This endorsement is later flagged by a concerned citizen. Can the Civil Service Commission (CSC) take disciplinary action against the director?
A. No, the CSC cannot interfere with the director’s freedom of speech.
B. Yes, the CSC can penalize the director for violating the Code of Conduct for public officials.
C. The CSC can only recommend sanctions; the final decision rests with the agency head.
D. This situation doesn’t fall under the CSC’s jurisdiction.
Answer: B. Yes, the CSC can penalize the director for violating the Code of Conduct for public officials.
Legal Reasoning:
Article IX-A, Section 8 of the Constitution mandates the CSC to promote integrity and ethical conduct in the civil service. The Code of Conduct and Ethical Standards for Public Officials and Employees (RA No. 6713) prohibits partisan political activity, which includes public endorsements. The CSC can investigate and impose disciplinary sanctions for violations of this code.
- Option A is incorrect. While freedom of speech exists, public officials have limitations due to their positions.
- Option C might be partially true depending on specific CSC procedures, but the CSC holds authority in such cases.
- Option D is incorrect. The CSC has jurisdiction over government employee conduct.
Current Event Connection:
In 2023, a government department secretary faced a CSC investigation due to alleged political campaigning. This scenario highlights the CSC’s role in enforcing ethical standards within the bureaucracy.
Question 2: Commission on Elections and Social Media Disinformation (COMELEC)
The upcoming national elections see a rise in fake news and disinformation campaigns targeting specific candidates on social media. Does the Commission on Elections (COMELEC) have the authority to address this issue?
A. No, COMELEC’s power is limited to regulating traditional media during elections.
B. Yes, COMELEC can investigate and potentially penalize those spreading disinformation.
C. COMELEC needs to collaborate with social media platforms for effective action.
D. The freedom of expression protects the spread of even false information.
Answer: C. COMELEC needs to collaborate with social media platforms for effective action.
Legal Reasoning:
While Article IX-B doesn’t explicitly mention social media, COMELEC’s mandate to ensure free and fair elections (Article IX-B, Section 3) allows them to address issues like disinformation campaigns that can influence voters. Collaboration with social media platforms is crucial for removing false content and enforcing regulations.
- Option A is incorrect. COMELEC’s powers have adapted to address contemporary challenges.
- Option B is partially true. COMELEC can investigate, but enforcement might require cooperation from platforms.
- Option D is incorrect. Freedom of expression has limitations, especially when it concerns disinformation that can disrupt fair elections.
Current Event Connection:
The 2022 Philippine elections saw COMELEC partnering with social media platforms to flag and remove disinformation campaigns, reflecting their evolving role in the digital age.
Question 3: Commission on Audit and Irregular Procurement (COA)
A government agency is accused of irregularities in its procurement process for medical supplies during the recent pandemic. Which commission has the authority to investigate these allegations?
A. Civil Service Commission (CSC) - focuses on employee conduct, not procurement.
B. Commission on Elections (COMELEC) - deals with elections, not government spending.
C. Commission on Audit (COA) - has the power to audit government finances.
D. Office of the Ombudsman - investigates complaints against government officials.
Answer: C. Commission on Audit (COA)
Legal Reasoning:
Article IX-C, Section 2 empowers the COA to examine and audit government expenditures. Identifying irregularities in procurement falls under this mandate. The COA can investigate, flag issues, and recommend sanctions if public funds were misused.
- Option A and B are incorrect. These commissions have different areas of responsibility.
- Option D is partially true. The Ombudsman might get involved later, but the initial investigation falls under COA’s jurisdiction.
Current Event Connection:
The COA regularly flags irregularities in various government agencies, including procurement issues. This highlights their role in promoting accountability in government spending.
- The current Chairperson of the Commission on Elections (COMELEC), George Erwin M. Garcia, is set to retire in June 2024. According to the 1987 Philippine Constitution, which of the following individuals would be eligible to be appointed as the next COMELEC Chairperson?
A. Maria Santos, a 40-year-old lawyer who ran unsuccessfully for a congressional seat in the 2022 elections.
B. Juan Dela Cruz, a 38-year-old certified public accountant with 12 years of auditing experience in the private sector.
C. Ana Reyes, a 45-year-old holder of a master’s degree in public administration who has never run for any elective position.
D. Pedro Bautista, a 50-year-old naturalized Filipino citizen who has been a member of the Philippine Bar for 20 years.
Answer: C. Ana Reyes, a 45-year-old holder of a master’s degree in public administration who has never run for any elective position.
Reasoning: According to Article IX-C, Section 1 of the 1987 Constitution, the COMELEC Chairperson must be a natural-born citizen of the Philippines, at least 35 years old at the time of appointment, a holder of a college degree, and must not have been a candidate for any elective position in the immediately preceding elections.[1][2][3] Option C meets all these qualifications.
- The Commission on Audit (COA) is currently investigating allegations of misuse of public funds by a local government unit. If the COA finds evidence of wrongdoing, which of the following actions would be within its constitutional authority?
A. File criminal charges against the officials involved in the misuse of funds.
B. Suspend the officials involved pending the outcome of further legal proceedings.
C. Disqualify the officials from holding public office in the future.
D. Order the officials to return the misused funds to the government.
Answer: D. Order the officials to return the misused funds to the government.
Reasoning: The Commission on Audit’s primary function is to examine and audit government revenues and expenditures. While it can uncover and report instances of misuse of public funds, it does not have the authority to file criminal charges, suspend officials, or disqualify them from office. However, it can order the return of misused funds to the government.[1][3]
- The Civil Service Commission (CSC) is tasked with ensuring the integrity and efficiency of the Philippine civil service. In a recent case, a government employee was found guilty of accepting bribes. Which of the following actions would be within the CSC’s constitutional authority regarding this case?
A. Terminate the employment of the guilty employee.
B. Impose a fine on the guilty employee.
C. Order the prosecution of the guilty employee in criminal court.
D. Suspend the guilty employee from service and order forfeiture of retirement benefits.
Answer: D. Suspend the guilty employee from service and order forfeiture of retirement benefits.
Reasoning: The Civil Service Commission has the authority to discipline and remove civil servants found guilty of misconduct or violation of civil service laws and rules. This includes the power to suspend employees and order the forfeiture of retirement benefits. However, the CSC cannot directly terminate employment, impose fines, or order criminal prosecution, as these actions fall under the jurisdiction of the courts or the employee’s agency.
COA COMELEC CSC VS COMM HUMAN RIGHTS
The Commission on Human Rights (CHR) in the Philippines is different from the Commission on Audit (COA), Commission on Elections (Comelec), and Civil Service Commission (CSC) in the following ways:
- Constitutional Status: The COA, Comelec, and CSC are established as INDEPENDENT constitutional commissions under Article IX of the 1987 Philippine Constitution.
In contrast, the CHR is created by a separate constitutional provision, Article XIII Section 17, and through Executive Order No. 163 signed by then-President Corazon Aquino in 1987. This means the CHR is NOT considered a FULL constitutional commission like the other three. - Fiscal Autonomy: The COA, Comelec, and CSC have FULL FISCAL AUTONOMY, which means they have “freedom from outside control” in allocating and using their resources. The CHR, on the other hand, only has LIMITED fiscal autonomy in the sense that it is entitled to the automatic and regular release of its approved annual appropriations, but nothing more.
- Appointment Process: The chairpersons and members of the COA, Comelec, and CSC are appointed by the President WITH THE CONSENT of the Commission on Appointments. For the CHR, the chairperson and commissioners are appointed by the President alone, without the need for congressional approval. [1][4]
- Mandate: While the COA, Comelec, and CSC have SPECIFIC mandates related to auditing, elections, and civil service, the CHR has a BROADER mandate to investigate human rights violations, promote human rights protection, and provide policy advice to the government.
In summary, the key differences are the CHR’s
1) distinct constitutional status,
2) limited fiscal autonomy,
3) appointment process, and
4) broader human rights-focused mandate compared to the other three constitutional commissions.
Scenario: A lawyer is being considered for a position as a commissioner in the Civil Service Commission (CSC). However, they actively campaigned for a congressional seat in the most recent elections (lost the election).
Question 1: Candidacy and Appointment to Constitutional Commissions
Based on the Constitutional prohibitions, is the lawyer eligible for appointment as a CSC commissioner?
A. Yes, losing the election doesn’t disqualify them from the CSC position.
B. No, the lawyer’s candidacy in the recent elections automatically disqualifies them.
C. Eligibility depends on the specific reasons for their disqualification in the previous election.
D. The CSC can decide on eligibility based on the lawyer’s qualifications.
Answer: B. No, the lawyer’s candidacy in the recent elections automatically disqualifies them.
Legal Reasoning:
The scenario reflects the prohibition on candidacy for elective positions (point 1). Members of Constitutional Commissions, including the CSC, cannot have been candidates in the elections immediately preceding their appointment.
- Option A and C are incorrect. Candidacy itself disqualifies the lawyer, regardless of the election outcome or reasons for disqualification.
- Option D is partially true. The CSC can assess qualifications, but the candidacy automatically disqualifies them based on the Constitution.
Current Event Connection:
In past appointments to Constitutional Commissions, candidates who ran for elective positions in the previous elections were not considered due to this prohibition.
Question 2: Professional Diversity and Commission Membership
The current CSC membership consists of three lawyers and two public administration graduates. Is this composition a violation of the Constitution’s requirement for professional diversity?
A. Yes, the Constitution mandates a minimum of three different professions on the commission.
B. No, the Constitution only requires avoiding having all members from the same profession.
C. The composition is acceptable if the lawyers have experience in public administration.
D. The CSC can decide on the professional composition based on their needs.
Answer: B. No, the Constitution only requires avoiding having all members from the same profession.
Legal Reasoning:
The scenario addresses the professional diversity requirement (point 5). The Constitution aims to ensure a diverse range of expertise within the commission. In this case, having lawyers and public administration graduates fulfills the requirement as long as all members aren’t from the same profession.
- Option A and D are incorrect. The Constitution sets a minimum of avoiding a homogenous commission, not a specific number of professions.
- Option C partially true. While relevant experience might be beneficial, the focus is on professional diversity, not specific expertise within a profession.
