2. OBJECTIVES
At the end of the discussion, the students are expected
to:
1. Explain the different Constitutional Commissions
created in Article IX.
2. Discuss the compositions, appointments and
qualification and terms of office of the three Constitutional
Commissions.
3. Distinguish the powers and functions of the three
Constitutional Commissions.
4. They perform vital functions of government.
Their integrity is protected by the fact that they:
1) are constitutionally created (sec. 1)
2) have independent powers of appointment (sec. 4)
3)each commission may promulgate its own procedural rules (sec.
6)
Why Independent?
5. 4) Have fiscal autonomy (Sec. 5)
5) Salaries may not be diminished during their
office (Sec. 3)
6) Commissioners have a fixed term
7) Commissioners are removable by impeachment
only.
6. Section 2. Disqualifications
•Members cannot, during their tenure:
1) Hold any other office or employment;
2) Engage in the practice of any profession;
3) Engage in the active management or control of any
business, which, in any way, may be affected by the functions
of their office; and
7. 4) Be financially interested, direct or indirect, in any
contract, franchise, privilege granted by the
government, any of its subdivisions, agencies,
instrumentalities, including GOCC’s and their
subsidiaries.
Note: The Ombudsman and his deputies are subject to
the same qualifications.
8. Section 3. Salaries
1) Salaries are fixed by law and shall not be decreased
during their TENURE.
2) Decreases in salaries only affect those members
appointed AFTER increase.
3) Incumbent members do not lose any salary.
4) Increases take effect IMMEDIATELY.
9. Section 6. Rules of Procedure
1) Rules: The Commissions may promulgate its own
rules EN BANC.
2) Limitation: It shall not:
a) Diminish,
b) Increase, or
c) Modify substantive rights.
10. Section 7. Decision Making/ Appeal
Decision-Making:
1.) Each commission shall decide matter or cases by a
majority vote of all the members within 60 days from
submission.
2) As Collegial bodies, each commission must act as
one, and no one member can decide a case for the
entire commission.
11. • Appeals:
1) Decisions, orders or rulings of the
COMELEC/COA may be brought on certiorari
to the SC.
2) Decisions, orders or ruling of the CSC should be
appealed to the CA.
12.
13. The Civil Service refers to the body
of employee in any government
agency including all employees of
the government in general.
14. Composition/Qualifications/ Term
• Composition:
1) Chairman
2) Commissioners – 2 commissioners
• Qualifications:
1) Natural-born citizens of the Philippines;
2) At least 35 years old at the time of their appointments;
3) With proven capacity for public administration; and local management
15. 4) NOT candidates for any elective position in
the elections immediately preceding their
appointment.
5) Appointees by the President to the CSC need
Commission on Appointments (CA)
confirmation.
16. • Term:
1) Chairman -7 years; Commissioner1 – 5 yrs;
Commissioner2 – 3 yrs
2) Limitation: single term only, no reappointment
3) Appointment to vacancy: only for unexpired term of
predecessor
4) No temporary appointments, or appointments in acting
capacity.
17. Section 2. Scope
• The Civil Service embraces all:
A. branches,
B. subdivisions,
C. instrumentalities,
D. agencies of the government,
E. including GOCCs with original charters.
18. • 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.
19. B. Non-competitive positions- No need for competitive
examinations. Non- competitive positions are:
a) Policy-determining – formulate a method of
action for the gov’t.
b) Primarily confidential – more than ordinary
confidence; close intimacy insures freedom of
intercourse without betrayals of personal trust.
c) Highly technical– requires technical skill to a
superior degree.
20. Who may be appointed?
1). RULE: Whoever fulfills all the qualifications prescribed
by law for a particular position may be appointed therein.
2). The CSC cannot disapprove an appointment just because
another person is better qualified, as long as the appointee is
himself qualified.
3). The CSC CANNOT add qualifications other than those
provided by law.
21. Sections 6-7. Disqualification
• 1) Losing candidates in any election
a). Cannot be appointed to any office in the government or
GOCC’s or their subsidiaries.
b). Period of disqualification: One (1) year after such
election
• 2) Elective officials
a). Not eligible for appointment or designation ANY
CAPACITY to ANY PUBLIC OFFICE or position during their
tenure.
22. b). EXCEPTION: May hold ex officio positions.
c). To be eligible to hold any other office, the elected official
must first resign his office
d). Even Congress cannot, by law, authorize the appointment
of an elective official.
3). Appointive officials
a). Cannot hold any other office or employment in the
government, any subdivision, agency, instrumentality, including
GOCC’s and their subsidiaries.
23. b). EXCEPTION: Unless otherwise allowed by law, or
by the primary functions of his position.
c). This exception DOES NOT APPLY to Cabinet
members, and those officers mentioned in Art. VII,
Sec. 13. They are governed by the stricter
prohibitions contained therein
24. Section 8: Compensation
1. Prohibitions: applies to elected or appointed officers and
employees.
Cannot receive:
A. Additional – an extra reward given for the same office i.e.
bonus
B. Double – when an officer is given 2 sets of compensation for 2
different offices held concurrently by 1 officer
C. Indirect Compensation
2) EXCEPTION: Unless specifically authorized by law
