You are on page 1of 2

ARTICLE IX - CONSTITUTIONAL COMMISSIONS According to section 1 of article IX, the constitutional commissions are the civil service commission,

the commission on election and the commission on audit. They are established under the constitution due to the exceptional significance of their roles and the necessity to shield them from detrimental interference or difficulty. Part A (Common Provisions) of Article IX is comprised of eight (8) sections which define or state the limitations, salary, appointment of officials and employees, autonomy or rights, and additional functions (as may be provided by law) of the three commissions. Part B is titled The Civil Service Commission which shall administer the civil service (paragraph 1, section 1B, article IX). Paragraph 1 of section 1 also defines the composition of the civil service commission and their qualifications. Paragraph 2 delineates the appointment of the Chairman and the Commissioners. The creation of the Civil Service Commission, a self-sufficient centralized agency having course and control over the civil service system and authorized to implement civil service legislations, is necessary to the performances of the system. Its inclusion in the Constitution is a supplementary safeguard for the triumphant implementation of the merit system. The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters, as stated in the first paragraph of section 2. The term Civil Service refers to that professionalized body of men and women who have chosen the government service a lifetime profession. Paragraph 2, 3, and 4 define the appointments in the civil service, the basis for the removal or suspension of officer(s) or employee(s), and limitations of officers or employees. Paragraph 5 and 6 define the right of self-organization of government employees and the safeguard of temporary employees. In the performance of its powers and functions, the Commission as the central personnel agency of the government, shall be guided by the objectives as laid down in section 3, part B of Article IX of the constitution to establish a career service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service. Furthermore, it is compulsory to reinforce the merit and rewards system, unite all human resources development programs for all levels and ranks, and engender a management ambiance contributory to public accountability. It is also compulsory to present to the President and the Congress a yearly report on its personnel programs. The powers and functions of the commission are defined under the Presidential Decree No. 807. It is certain that without the ubiquitous and incessant work of the civil servants, the government would merely be a hodgepodge of rules and regulations suspended in midair, with no power or effect upon the people. Section 4 state that it is mandatory for every public officers and employees to take an oath or affirmation to maintain and safeguard the constitution. Section 5 defines those government employees and officials to which the congress shall provide a standard compensation. Section 6 set the limits of candidates who have lost in any election. Section 7 delimits the eligibility for appointment of elective officials. Section 8 delimits the acquirement of any compensation or any form of riches from foreign government. Part C of Article IX is titled Commission on Elections. Section 1 defines or states the composition of the aforementioned commission and their appointment and qualifications. The purity of elections is one of the fundamental requisites of popular government. The Commission is organized to protect the sanctity of the ballot and the free and honest expression of the popular will. Section 2 outlines the powers and functions of the commission. The Commission may sit in two partitions, and is required to promulgate its rules of procedures in order to expedite disposition of election cases (section 3). Section 4 delineates the types of operation of franchises or permits that the commission may supervise or regulate, and the purpose of such supervision or regulation. Section 5 states that the President cannot grant pardon, amnesty, parole or suspension of sentence for violation of election laws, rules and regulations without the favorable recommendation of the commission. Section 6 states that a free party shall be allowed to evolve, according to the free choice of the people. Section 7 sets the invalidity of votes cast in favor a political party, organization or coalition, exempting those registered under the party-list system as provided in the constitution. Section 8 states that political parties, organizations or coalitions under the party-list system shall not be represented in the voters registration boards or other similar bodies but shall be entitled to appoint poll watchers in conformity with the law. The election period shall commence ninety days before the day of election and shall end thirty days thereafter (unless otherwise fixed by the commission in special cases) as stated in section 9. Section 10 states that Bona fide candidates for any

public office shall be free from any form of harassment and discrimination. Lastly, section 11 states that funds certified by the commission shall be released automatically upon certification by the Chairman of the commission. Part D of Article IX is titled The Commission on Audit. Section 1 defines or states the composition or members of the commission and their appointment and qualifications. The commission has been created to ensure that the government revenues and expenditures are duly accounted for and the public funds have been appropriated. Section 2 delineates the power, authority and duty of the commission as well as the post-audit basis of their power, authority and duty, and the exclusive authority of the commission to define the scope of their duties. Section 3 states that no law shall be passed exempting any entity of the government or its subsidiary in any guise whatsoever, or any investment of public funds, from the jurisdiction of the commission on audit. Section 4 defines the duty of the commission to submit or present to the President and the Congress an annual report covering the financial condition and operation of the government, its subdivisions, agencies, and instrumentalities. In the exercise of their powers and functions, the Civil Service Commission, Commission on Election and the Commission on Audit are supreme within their own sphere and may, therefore, be considered, in that respect, coordinate and co-equal with the President, Congress, and the Supreme Court. Like the other organs of the government, however, their acts are subject to scrutiny by the Supreme Court on certiorari.

You might also like