IV. Constitutional Commissions under Philippine Political Law and Public International Law

The Philippine Constitution establishes three Constitutional Commissions, each of which is independent from the executive, legislative, and judicial branches of government. These commissions are:

Civil Service Commission (CSC)
Commission on Elections (COMELEC)
Commission on Audit (COA)

These bodies are created by Article IX of the 1987 Constitution and are tasked with specific mandates to promote accountability, transparency, efficiency, and integrity within the government system.

The Constitutional Commissions are granted special protections to ensure their independence and the effective discharge of their functions. Below is a detailed discussion of each Constitutional Commission and the general principles governing all three.

A. Common Provisions Applicable to All Constitutional Commissions

Under Article IX-A of the 1987 Constitution, certain provisions apply uniformly to all the Constitutional Commissions:

1. Independence

Each Constitutional Commission must remain independent and free from undue influence or interference from the other branches of government. This is a guarantee to prevent political manipulation and ensure the impartial and effective execution of their mandates.

2. Appointments

Chairpersons and Commissioners of the Constitutional Commissions are appointed by the President, subject to confirmation by the Commission on Appointments.
They hold office for seven years without reappointment.
Terms are staggered, ensuring that the Commission remains continuously operational and not subject to wholesale changes upon the assumption of new administrations.

3. Qualifications of Commissioners

Natural-born citizens of the Philippines.
At least 35 years of age at the time of their appointment.
Have not been candidates for any elective office within the year immediately preceding their appointment.
Possess proven integrity, probity, and independence.
Specific qualifications are provided for each commission depending on its mandate.

4. Security of Tenure

Commissioners of Constitutional Commissions can only be removed by impeachment. Grounds for impeachment include culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.

5. Prohibitions

Commissioners are prohibited from holding any other office or employment during their tenure.
They cannot engage in the practice of any profession, participate in any business, or be financially interested in any contract with the government or any of its subdivisions.

6. Fiscal Autonomy

Each Constitutional Commission enjoys fiscal autonomy, which means that the appropriations they receive must be automatically and regularly released, independent of the national budget’s discretionary processes. This protects them from budget cuts that could hinder their operations.

7. Enforcement of Decisions

Decisions, orders, or rulings of the Constitutional Commissions can only be challenged by filing certiorari petitions directly to the Supreme Court.

B. Civil Service Commission (CSC)

The Civil Service Commission is the central personnel agency of the government tasked with the establishment of a career service and promoting integrity, professionalism, and meritocracy in the public sector.

1. Powers and Functions

Administers the Civil Service System, including appointments, promotions, and disciplinary actions.
Ensures that public office is a public trust and enforces strict compliance with the principles of merit and fitness in the government workforce.
Conducts administrative investigations and resolves cases involving civil servants, especially concerning administrative complaints.
Issues rules and regulations governing civil service examinations and qualifications for appointment to government positions.
Acts on appeals from lower agencies regarding personnel matters, including appointments, promotions, and transfers.

2. Scope of Jurisdiction

The entire government workforce, except those in the armed forces and certain high-level appointees (such as constitutional officers).
Oversees government corporations, local government units, and any instrumentality or agency of the government.

3. Disciplinary Authority

The CSC can discipline public officials and employees for acts such as misconduct, inefficiency, incompetence, and corruption.
Its decisions are appealable only to the Supreme Court on questions of law.

C. Commission on Elections (COMELEC)

The Commission on Elections is the constitutional body tasked with ensuring free, orderly, honest, peaceful, and credible elections in the Philippines.

1. Powers and Functions

Enforces and administers all laws related to elections, including the conduct of national, local, and plebiscite elections.
Registers political parties, oversees campaign activities, and monitors campaign finance and propaganda.
Supervises the conduct of elections, including voter registration, vote counting, and election returns.
Decides election-related cases, including pre-election disputes and questions of qualification, disqualification, and election fraud, subject to the jurisdiction of the Supreme Court via certiorari.
Can deputize law enforcement agencies and the military to ensure peace and order during elections.

2. Quasi-Judicial Powers

COMELEC acts as a quasi-judicial body in election-related disputes. It can hear and decide cases involving election contests, disputes involving the right to vote, and the qualification of candidates.

3. Rule-Making Power

COMELEC is empowered to promulgate rules and regulations necessary to enforce election laws and ensure smooth conduct of elections. These rules are generally given great weight, provided they conform with the Constitution and the law.

D. Commission on Audit (COA)

The Commission on Audit is responsible for examining, auditing, and settling all accounts pertaining to the revenues, receipts, expenditures, and uses of government funds and properties.

1. Powers and Functions

Conducts audits on the revenues and expenditures of government agencies, local government units, government-owned and controlled corporations (GOCCs), and other instrumentalities of the government.
Ensures that the government’s financial transactions are compliant with existing laws and regulations.
Settles accounts and resolves audit issues, including recovering amounts improperly disbursed.
Has the authority to audit foreign or international aid, grants, or loans to the government and ensure that such funds are properly accounted for.

2. Disallowances and Charges

The COA can issue notices of disallowances and recommend the recovery of improperly spent or unauthorized disbursements. If a transaction is illegal or unauthorized, COA can direct the return of funds or recover them from responsible individuals.

3. Rule-Making and Investigation

COA has broad rule-making authority in the field of public accounting and auditing.
It can initiate investigations into anomalies or fraud involving the use of public funds.

4. Quasi-Judicial Powers

COA has the authority to render final and executory decisions on matters involving the settlement of accounts or claims against the government. Its decisions can be appealed only to the Supreme Court.

E. Public International Law Dimensions of Constitutional Commissions

The Constitutional Commissions, while primarily domestic bodies, may have international law implications in terms of transparency, accountability, and the rule of law, especially in areas where the Philippines is bound by international treaties and conventions. Some areas of intersection include:

Civil Service Commission (CSC):
- It may be influenced by international labor standards (such as those set by the International Labour Organization, ILO) when setting policies for the public sector workforce.
- Its duty to ensure non-discrimination and equal opportunities in government employment aligns with international human rights obligations.
COMELEC:
- COMELEC’s work in promoting free and fair elections can be assessed under international standards, such as those set by the United Nations (UN) and the International Covenant on Civil and Political Rights (ICCPR).
- The observation of elections by international bodies (like the UN or the EU) requires COMELEC to uphold standards of transparency and integrity in the election process.
COA:
- The COA’s role in ensuring accountability in the management of international aid and foreign grants ties it to international standards on public financial management.
- The United Nations Convention Against Corruption (UNCAC) establishes obligations for countries to implement transparent and accountable audit systems, and COA plays a critical role in this regard.

Conclusion

The Constitutional Commissions of the Philippines are critical institutions in maintaining a democratic, accountable, and transparent government. Their independence, broad powers, and mandate to ensure the proper functioning of public administration form the bedrock of the country's commitment to good governance.