ARTICLE IX CONSTITUTIONAL COMMISSIONS (CIVIL SERVICE COMMISSION)
Ivanie B. Villacampa
At the end of the discussion, the students are
1. Explain the different Constitutional Commissions
created in Article IX.
2. Discuss the compositions, appointments and
qualification and terms of office of the three
3. Distinguish the powers and functions of the three
INDEPENDENT CONSTITUTIONAL COMMISSIONS:
1) CIVIL SERVICE COMMISSION (CSC)
2) COMMISSION ON ELECTIONS (COMELEC)
3) COMMISSION ON AUDIT (COA)
A. Common Provisions
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)
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
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
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
Note: The Ombudsman and his deputies are subject
to the same qualifications.
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.
Section 6. Rules of Procedure
1) Rules: The Commissions may promulgate its
own rules EN BANC.
2) Limitation: It shall not:
b) Increase, or
c) Modify substantive rights.
Section 7. Decision Making/ Appeal
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.
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.
The Civil Service refers to the body of
employee in any government agency
including all employees of the
government in general.
2) Commissioners – 2 commissioners
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
4) NOT candidates for any elective position in
the elections immediately preceding their
5) Appointees by the President to the CSC need
Commission on Appointments (CA)
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
4) No temporary appointments, or appointments in
Section 2. Scope
• The Civil Service embraces all:
D. agencies of the government,
E. including GOCCs with original charters.
• 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
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
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
3). The CSC CANNOT add qualifications other than those
provided by law.
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
• 2) Elective officials
a). Not eligible for appointment or designation ANY
CAPACITY to ANY PUBLIC OFFICE or position during their
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.
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
Section 8: Compensation
1. Prohibitions: applies to elected or appointed officers and
A. Additional – an extra reward given for the same office i.e.
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