VIII.

Constitutional Commission

A. Common provisions

(See the provisions of the Constitution)

Decision of the Commissions

Each Commission shall decide by a majority vote of all its members

any case or matter brought before it within 60 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 the Constitution or by law, any decision, order, or ruling of
each Commission may be brought to the SC on certiorari by the aggrieved
party within 30 days thereof.

There is no decision until the draft is signed and promulgated. Hence,

if a Commissioner signs a decision but retires before the decision is
promulgated, his vote does not count even if it was he who penned the
decision. (Ambil, Jr v COMELEC)

Review of Final Orders, Resolutions, and Decisions

Decisions of the Commissions may be brought to the SC on

certiorari under Rule 65 of the Rules of Court.

B. Institutional independence safeguards

Safeguards that Guarantee Independence of Commissions

They are constitutionally created and may not be abolished by statute

Each is conferred certain powers and functions which cannot be reduce by statue
The chairmen and members cannot be removed except by impeachment
The chairmen and members are given a fairly long terms of office of 7 years
The terms of office of the chairmen and members of all these commissions are
staggered in such a ways to lessen the opportunity for appointment of the majority
of the body by the same President
The Chairmen and members may not be reappointed or appointed in an acting or
temporary capacity.

The prohibition on reappointment in Sec. 1 Art. IX-A of the

Constitution applies neither to disapproved nor to by-passed ad interim
appointments. A disapproved ad interim appointment cannot be revived by
another ad interim appoint because the disapproval is final under Sec. 16,
Art. VII of the Constitution, and not because a reappointment is prohibited
under Sec. 1 Art. XI-A of the Constitution. A by-passed ad interim
appointment can be revived by a new ad interim appointment because
there is no final disapproval under Sec. 16 Art. VII of the Constitution,
 and such new appointment will not result in the appointee serving beyond
the fixed term of 7 years. (Matibag v Benipayo)

The salaries of the Chairmen and members are fixed by law and may not be
decreased during their continuance in office

Note: Art. XVIII, Sec. 17 of the Constitution provides that until the
congress provides otherwise the Chairmen of the Constitutional
Commissions shall receive an annual salary of 204,000.00 pesos each.

The Commissions enjoy fiscal autonomy

Each Commission en banc may promulgate its own procedural rules, provided
they do not diminish, increase, or modify substantive rights
The chairmen and members are subject to certain disqualifications calculated to
strengthen their integrity
The Commissions may appoint their own officials and employees in accordance
with Civil Service Law.

C. Powers and functions

Functions of the CSC as the Central Personnel Agency of the Government

To establish a career service

To adopt measures to promote morale, efficiency, integrity, responsiveness,
progressiveness and courtesy in the Civil Service
To strengthen the merit and rewards system
To integrate all human resources development programs for all levels and ranks
To institutionalize a management climate conducive to public accountability
To submit to the President and the Congress an annual report on its personnel
program

Partisan Political Activity – it is the active support for or affiliation with

the cause of a political party of candidate. In general, becoming actively
identified with the success or failure of any candidate for election to public
office.

Prohibition against Additional and Double Compensation

No elective or appointive public officer or employee shall receive

additional, double, or indirect compensation, unless specifically authorized
by law nor accept without the consent of the Congress, any present,
emolument, office, or title of any kinds from any foreign government.

Additional Compensation – when for one and the same office for which
compensation has been fixed there is added to such fixed compensation an
extra reward in the form of bonus and the like

Double Compensation – refers to two sets of compensation for two

different offices held concurrently by one officer.
 There is no general prohibition against holding two offices which
are not incompatible; but when an officer accepts a second office, he can
draw the salary attached to such second office, only when he is
specifically authorize by law to receive double compensation. (Quimson v
Ozaeta)

COMELEC’s Constitutional Powers and Functions

Enforce and administer all laws and regulations relative to the conduct of an
election, plebiscite, initiative, referendum or recall
Exclusive original jurisdiction over all contests relating to the election, returns and
qualifications of all elective regional, provincial and city officials
Exclusive appellate jurisdiction over all contests involving elective municipal
officials decided by RTC or involving elective barangay officials decided by the
MTC. Decisions, final orders, or rulings of the COMELEC contests involving
elective municipal and barangay offices shall be final, executory and
unappeasable.

By virtue of B.P. 697, the COMELEC has the authority to issue the
extraordinary writs of certiorari, prohibition and mandamus but only in aid
of its appellate jurisdiction. (Relampagos v Cumba)

Decide, save those involving the right to vote, all questions affecting elections,
including determination of the number and location of polling places, appointment
of election officials and inspectors, and registration of voters
Deputize with the concurrence of the President law enforcement agencies and
instrumentalities for the exclusive purpose of ensuring free, orderly, honest,
peaceful and credible elections
Register, after sufficient publication, political parties, organizations or coalitions
which must present their platform or program of government.

The COMELEC may intervene in disputes internal to a party only

when necessary to the discharge of its constitutional functions. The
COMELEC’s power to register political parties necessarily involved the
determination of the persons who must act on its behalf. Thus, the
COMELEC may resolve an intra-party leadership dispute, in a proper case
brought before it, as an incident of its power to register political parties.
(Atienza v COMELEC)

While the question of party leadership has implications on the

COMELEC’s performance of its functions under Sec. 2, Art. IX-C of the
Constitution, the same cannot be said of the issue pertaining to a
member’s expulsion from the party. Such expulsion is for the moment an
issue of party membership and discipline, in which the COMELEC cannot
intervene, given the limited scope of its power over political parties.
(Atienza v COMELEC)

File, upon a verified complaint, or on its own initiative, petitions in court for the
inclusion or exclusion of voters; investigate and, where appropriate, prosecute
cases of violations of election laws
Recommend to Congress effective measures to minimize election spending,
including limitation of places where propaganda materials shall be posted and to
prevent and penalize all forms of election fraud, offenses, malpractices, and
nuisance candidates
Recommend to the President the removal of any officer or employee it has
deputized, or the imposition of any other disciplinary action, for violation or
disregard of, or disobedience to its directive, order or decision
Submit to the President and Congress a comprehensive report on the conduct of
each election, plebiscite, initiative, referendum or recall.

Regulation of Public Utilities, Media, and Franchise

The COMELEC may, during the election period, supervise or

regulate the utilization of all franchises or permits for the operation of
transportation and other public utilities, media, all grants, privileges and
concessions granted by the Government or any subdivision, agency, or
instrumentality thereof including GOCC or its subsidiary.

Rules on the exercise of the COMELEC of its Quasi-Judicial Powers

The COMELEC’s exercise of its quasi-judicial powers is subject to

Sec. 3 of Art. XI-C which expressly requires that:

All election cases, including pre-proclamation controversies, shall be

decided by the COMELEC in division.
The motion for reconsideration shall be decided by the COMELEC en
banc.

The COMELEC en banc does not have the authority to hear and decide
cases at first instance. (Sarmiento v COMELEC)

Judicial Review of the Decisions of the COMELEC

Only decisions of the COMELEC en banc may be brought to the

SC by certiorari under Rules 65. (Reyes v RTC) As a consequence, only
decisions en banc may be brought to the court by certiorari since Art. IX-
C, Sec 3 states that the motions for reconsideration of decisions shall be
decided by the Commission en banc. (Reyes v RTC)

The SC has no power to review on certiorari an interlocutory order

or even a final resolution issued by a Division of the COMELEC. (Ambil v
COMELEC)

Exception: SC may take cognizance of a petition for certiorari under Rule

64 to review an interlocutory order issued by a Division of the COMELEC
on the ground that the issuance being made without jurisdiction or in
excess of jurisdiction or with grave abuse of discretion amounting to lack
or excess of jurisdiction when it does not appear to be specifically
provided under the COMELEC Rules of Procedure that the matter is one
that the COMELEC en banc may sit and consider, or a Division is not
authorized to act, or the members of the Division unanimously vote to
refer to the COMELEC en banc. Of necessity, the aggrieved party can
 directly resort to the Court because the COMELEC en banc is not the
proper forum in which the matter concerning the assailed interlocutory
order can be reviewed. (Cagas v COMELEC)

Engaging in the Practice of Law – engaging in any activity, in or out of

court, which requires the application of law, legal knowledge, training,
and experience. (Cayetano v Monsod)

Powers and Duties of COA

To examine and audit all forms of government revenue

To examine and audit all forms of government expenditures
To settle government accounts

Liquidated Accounts – those accounts which may be adjusted simply by

an arithmetical process. It does not include the power to fix the amount of
unfixed or undetermined debt. (Compania General de Tobacos v French
and Unson)

To define the scope and techniques for its own auditing procedures
To promulgate accounting and auditing rules including those for the prevention
and disallowance of irregular, unnecessary, excessive, extravagant, or
unconscionable expenditures
To decide administrative cases involving expenditures of public funds

Jurisdiction over GOCCs

The Constitution vests in the COA audit jurisdiction over

“government-owned and controlled corporations with original
charters,” as well as “government-owned or controlled corporations
without original charters.” GOCCs with original charters are subject
to COA pre-audit, while GOCCs without original charters are
subject to COA post-audit. (Feliciano v COA)

D. Composition and qualification of members

CSC
Composition
One Chairman; and
Two Commissioners

COMELEC
Composition
One Chairman; and
Six Commissioners

COA
Composition
One Chairman; and
 Two Commissioners

CSC
Qualification of members
Natural-born citizen
At least 35 years old at the time of appointment
With proven capacity for public administration
Not a candidate for any election immediately preceding their appointment

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

CSC Term: 7 years without reappointment

The prohibition of reappointment applies even if the Commissioner

has served for less than 7 years.

Appointment to any vacancy shall be only for the unexpired term

of the predecessor. In no case shallany member be appointed or designated
in a temporary or acting capacity.

COMELEC
Qualifications

Natural-born citizen
At least 35 years old at the time of appointment College degree holder
Not a candidate in any election immediately preceding the appointment
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.

COMELEC Appointment and Term

Members of the COMELEC are appointed by the President with the consent of the
Commission on Appointment for a term of 7 years without reappointment

If, however, the appointment was ad interim, a subsequent renewal

of the appointment does not violate the prohibition on reappointments
because no previous appointment was confirmed by the Commission on
Appointments. Furthermore, the total term of both appointments must not
exceed the 7-year limit. (Matibag v Benipayo)

COA
Qualifications

Natural-born citizen
At least 35 years old at the time of appointment
CPAs with at least 10 years auditing experience or members of the Bar with at
least 10 years of experience in the practice of law (at no time shall all members
belong to the same profession)
Not a candidate in any election immediately preceding appointment.
Appointment and Term

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

for a term of 7 years without reappointment

Appointment to any vacancy shall be only for the unexpired

portion of the term of the predecessor.

In no case shall any member be appointed or designated in a

temporary or acting capacity.

E. Prohibited offices and interests

Prohibitions and Inhibitions

No member of a Constitutional Commission shall during his tenure:

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 functions 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 government-owned and controlled
corporations or their subsidiaries.