Constitutional Commissions--overview

CONSTITUTIONAL COMMISSIONS 1.Civil service commission 2.Commission on elections 3.Commission on audit These cannot be abolished by any statute since they are created by the Constitution. Each of them are expressly described in the Constitution as independent. Other characteristics 1. Each of them are conferred special powers and functions which cannot be withdrawn by statute. 2. The chairmen and members of the Board are removable only by impeachment and are given the fairly long term of seven years. The terms of office of the chairmen and the members are staggered to lessen the opportunity for the appointment of the majority of the body by the same president. 3. The chairmen and members of the Board cannot be reappointed or appointed in an acting capacity. 4. The salaries of the chairmen and the members of the Board cannot be decreased during continuance in office. 5. They are allowed to appoint their own officials and employees in accordance to the Civil Service law. NOTE: The chairmen and members of the commissions are subject to certain disqualifications and inhibitions calculated to strengthen their loyalty. SALARIES For the chairmen, they receive P 204,000 for their annual salary; members of the board on the other hand, receive P 180,000. They can be decreased, but cannot be decreased during their continuance in office. DISQUALIFICATIONS 1. They cannot hold any other office or employment, or engage in the practice of a profession which, in any way may affect the functions of his office. 2. He cannot be financially interested--directly or indirectly in any contract, franchise or privilege granted by the government, including its subdivisions, agencies, and government controlled corporations or their subsidiaries. STAGGERING OF TERMS Purposes: 1. To devote their full attention to the discharge of their duties. 2. To remove any temptation of taking advantage of their official positions for their selfish purposes(!) -----1. The first appointees shall serve a term of seven years.

2. The original appointees are to be given five, three and seven years so that a vacancy is supposed to occur for every two years and to be filled by subsequent appointees who would serve the full term of seven years. PURPOSE: To minimize the opportunity of the President to appoint during his own term one member or more than one group of members in the constitutional commissions and therefore bind them to a debt of gratitude and impair their independence. It also intends to insure continuity of the body and its policies. REQUISITES OF THE ROTATIONAL SCHEME 1. Original members of the commission shall begin their terms on a common date. 2. Any vacancy occurring before the expiration of the term shall be filled only for the balance of such term. Reappointments: Are they allowed? (Explained in two cases) 1. Nacionalista v. De Vera says that it the Supreme Court showed that De Vera's his term, to fill in the vacancy caused appointment (a promotional appointment) not yer served the full term.

is possible. The facts, as interpreted by term was extended after an expiration of by the death of Lopez-Vito. The was not unconstitutional since De Vera had

2. Republic v. Imperial on the other hand, answers in the negative. Once appointed, regardless of the duration of the term, a member of the COMELEC can no longer be reappointed because of the express prohibition of the Constitution. OTHER PERQUISITES --The Constitutional Commissions, like the Supreme Court are allowed to appoint their own officials and employees in accordance to civil service laws. They also enjoy fiscal autonomy. PROCEEDINGS 1. Each commission shall decide by a majority vote of all its member any case brought before them, within sixty (60) days from the date of its submission for decision or resolution. 2. A case is deemed submitted for decision or upon the filing of the last pleading or brief required by the rules of the Commission, or by the Commission itself. 3. Unless otherwise provided, any decision or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within 30 days from receipt of a copy. --People are reassured of a speedy disposition of their cases not only in the courts of justice but also in administrative bodies like the Constitutional Commissions.