Article IX CONSTITUTIONAL g.

Section 3 Salaries of the

members of the Commission,
COMMISSIONS
fixed by the law, there may be
CSC, COMELEC, and COA – Constitutionally no decrease during their
created under Article IX tenure. (not a quiz or major
exam question)
These bodies are expressly provided in the h. Section 4 No decrease in
Constitution to be Independent Congress salary
cannot abolish them. Are independent of the i. Section 5 Commissions shall
three branches of government. (Sec. 1) enjoy FISCAL AUTONOMY;
Powers of these commissions under the Once approved, their budget
Constitution cannot be tinkered with by shall be AUTOMATICALLY
congress, cannot be the subject of AND REGULARLY RELEASED
legislation. j. Section 6 Promulgate their
own rules concerning the
A. Common Provisions – pertains to all practice of their commission.
the Commissions To be made En Banc CSC – 3
a. Chairs of the Commissions are COA – 3 COMELEC – 7 [A
only removed by Division may not promulgate
impeachment. rules] LIMITATION: These
b. Enjoy Fiscal Autonomy (Art rules should not diminish, or
VIII) [IMPORTANT] increase, or modify
c. Promulgate their own Rules of substantive rights, [DMI
Procedure. Rights] The SC may
d. They appoint their own disapprove the rules
officials and employees with promulgated by these
regards to the Civil Service Commissions [P. 5 Sec. 5 Art
Commission Rules. VIII]
e. These Commissions perform k. Section 7 Decision-making
quasi-judicial functions. process of the commissions.
f. Disqualifications, Prohibitions, Vote is by majority. COMELEC
to members of the has 2 Divisions, the chairman
Constitutional Commissions may not belong to any of the
[Chairmans and two divisions. Decisions are
Commissioners] (Art IX Sec 2) arrived at by the majority of
i. During their tenure, they the Members within 60 days.
are precluded, and is not Reckoning period starts from
allowed to hold any other the time it is deemed
office or have any other submitted for Resolution or
employment. Decision;
ii. He cannot engage in the l. Section 8 Each Commission
practice of any shall perform such other
profession. functions as provided by law.
iii. Prohibited to engage in B. The Civil Service Commission.
the ACTIVE a. Section 1 Composed of a
management OR control Chairman and 2
of any business WHICH Commissioners;
may be affected by the i. Qualifications: (1)
function of his office. Natural-Born Citizen, (2)
iv. Cannot be financially 35 Years of age, (3)
interested in a contract, Proven Capacity for
franchise, privilege public Administration,
provided by the (4) not have been
government. candidates for any
elective position in the
 elections immediately employee but also based
preceding their on close intimacy
appointment. [Exclusive which would ensure
Requirements Congress freedom of intercourse)
may not change or add iii. No officer shall be
to these qualifications]; removed or suspended
President appoints them except for just cause
with the consent of the iv. No officer or employee
CA no reappointment for shall engage in any
SEVEN years. electioneering or
ii. Funa Vs. COA partisan political
[Rotational Scheme of campaigns.
Appointment] A v. Right to self-organization
Commissioner may be shall not be denied to
appointed as chairman government employees.
provided, he had not vi. No question for number
completed his term as 6
commissioner of 7 years. c. Section 3 Establish a career
The SC consider this as service, to adopt measures
a promotion. promoting the morale
iii. Appointment to a efficiency integrity
vacancy shall only be for responsiveness
the unexpired term of progressiveness courtesy in
the predecessor. the civil service. Strengthen
iv. The President cannot the merit and reward system.
designate if he is in d. Section 4 requirement that
temporary or acting members of the CSC take an
capacity. oath or affirmation to uphold
b. Section 2 SCOPE: and defend this Constitution
i. Embraces all branches, e. Section 5 Standardization of
agencies, GOCCs with Compensation, this is a
original charters , mandate of the Constitution.
instrumentalities, f. Section 6 No candidate who
agencies and has lost in an election shall
subdivisions within one year after such
ii. Concept of election, be appointed to any
appointment: According office in the gov or any GOCC
to merit and fitness, or in any of their subsidiaries.
determined by g. Section 7 No elective official
competitive examination. [not to be appointed during his
Competitive tenure ] shall be eligible for
Examination exempt: appointment or designation in
[Delos Santos v. Mallare] any capacity to any public
NON-COMPETITIVE office or position during his
POSITIONS Policy tenure. XPN: Vice President
determining positions where he may be appointed as
(employee lays down a Cabinet Member, Sitting in
guidelines and rules in the JBC (Judicial and Bar
the office, formulates a Council) Appointing Officials:
method of action), highly No AO shall hold nay other
technical positions(, and office in the Gov. XPN: Unless
primarily confidential otherwise provided by (1) law
positions (not only or (2) the primary function
provided that he provided in his position
performs his duty as an
 h. Sec. 8 A Gov Employee v. Registration of Political
cannot accept any present, parties etc. Religious
emolument, office or title of sects may not be a
any kind from any foreign political party. Religious
government XPN: Unless with Ideologies are okay.
the consent of the Congress vi. File complaints in court
XPN Unless authorized by law. for inclusion or
C. COMMISSION ON ELECTIONS exclusion of voters. The
a. Sec. 1 power of COMELEC to
i. One Chairman, Six investigate and when
Commissioners QFNS: deems proper, to
(1) Natural Born (2) prosecute cases of
Holder of a college violation laws.
degree (3) Majority of the vii. Recommend to congress
members of the measures to minimize
Commission be expenditures
LAWYERS and must viii. Not that important for
have been engaged in Consti 1
the practice of law for 10 ix. Not that important for
years (4) The CHAIRMAN Consti 1 and Election
should be a LAWYER law
Appointed by the c. Sec. 3 En banc in COMELEC
President with consent of Full 7 members or in two
the CA, 7 years w/o divisions. Cases are heard and
reappointment decided via the 2 divisions.
b. Sec 2 Powers & Functions of Election cases shall be heard
COMELEC and decided in division
i. Enforcing and provided that motions for
administering all laws reconsideration of decisions
and regulations relative shall be decided by the
to the conduct of Commission En Banc
elections d. Sec 4. COMELEC during the
ii. Not that important for election period (90 days for
Consti 1 If the issue Presidential and Vice
ERQ Elections, returns, Presidential, 45 days for
qualifications, for Election Members of the
elective regional, Batasang Pambansa and Local
provincial and HRET Elections, 15 days for
SET PET RTC for Barangay Elections unless
municipal and city ERQs otherwise fixed by COMELEC)
Regional Officials[CAR Supervision or regulation of
and ARMM] the enjoyment or utilization of
iii. Decide on questions all franchises or permits for
affecting elections, the operation of
registration of voters Transportation and other
iv. Deputize law public utilities, media of
enforcement agencies, communication or
gov instrumentalities information, grants, special
and even the AFP with privileges, concessions granted
the concurrence of the by the government. To ensure
President. For the equal opportunity, equal rates,
purpose of ensuring for public information
OHPC election Orderly, campaigns, with the objective
Honest, Peaceful and of holding OHPC elections
Credible
 e. Sec. 5 Limit to the pardoning and entities granted
power of the President, fiscal autonomy, other
(pardon, amnesty, parole, or GOCCs State
suspension) for violation of Universities and colleges,
election laws, rules, and and non-governmental
regulations without favorable entities IF they receive
recommendation of COMELEC subsidy or equity from
f. Sec, 6 Free and Open party the government. The
system COA shall keep the
g. Sec. 7 No block voting in the general accounts of the
Philippines government.
h. Sec. 8 pol parties registered iii. (2) COA has exclusive
under the party list may be authority to define the
represented in the BRB BEI, scope of its audit and
BOC examination, establish
i. Sec. 9 Unless otherwise fixed techniques and methods
by the Commission in special therefor, the purpose of
cases, the election period is 90 which is to disallow
days before and 30 days after irregular, unnecessary,
the election excessive, extravagant or
j. Sec. 10 Not important unconscionable
k. Sec. 11 Automatic release of expenditures or uses of
funds for holding regular and government funds and
special elections etc. When the properties. As long as
Chair of the COMELEC there is Government
certifies the funds, the funds funds, equity, subsidy or
once approved as a budget, assistance, the COA may
shall be released automatically look into them.
IMPORTANT. c. Sec. 3 LIMITATION on the
D. COMMISION ON AUDIT power of Congress exempting a
a. Sec. 1 Composition 1 chair government agency from the
and 2 Commissioners 10 jurisdiction of the COA.
years’ experience of law. May Congress cannot pass a law
be CPA or Lawyers. There that would exempt a gov entity
should be at least one CPA from the jurisdiction of the
and Lawyer at any given time. COA regarding any
No 3 Members shall have the investment of public funds.
same profession Appointment d. Sec. 4 COA must make
made by the President and reports on the financial
approval of the CA with term condition of the Government to
of office 7 years w/o the President.
reappointment with regards to
the Rotational Appointment,
b. Sec. 2 Powers of COA
i. (1) Power Authority and
Duty to EAS, examine,
audit and settle all
accounts concerning
revenues and receipts of
as well as expenditures
or uses of government
funds and properties.
ii. (1) COA may conduct
post audit basis of
Constitutional bodies