Common Provisions

Under the Philippine legal framework, the Constitutional Commissions are independent bodies established by the 1987 Constitution, tasked with critical governance functions, ensuring accountability, and promoting transparency. The commissions include the Civil Service Commission (CSC), the Commission on Elections (COMELEC), and the Commission on Audit (COA). These commissions are designed to act as independent checks on the powers of the other branches of government.

IV. CONSTITUTIONAL COMMISSIONS

This portion of political law addresses the creation, powers, structure, and operational principles of the Constitutional Commissions. The overarching goal is to maintain these bodies' independence and protect them from undue political influence. The 1987 Constitution establishes and delineates their functions in Article IX.

B. Common Provisions

The Common Provisions apply uniformly to all Constitutional Commissions (CSC, COMELEC, COA), ensuring certain fundamental principles are adhered to across the board. These provisions emphasize the commissions' independence and outline safeguards against political interference.

Here are the key components:

1. Independence

The Constitutional Commissions must be independent. No law or executive order should undermine this independence, which is designed to protect the commissions from political manipulation by other government branches. Their rulings on matters within their jurisdiction are considered final and binding unless otherwise specified by the Constitution.

2. Composition

Each commission is composed of a Chairman and two Commissioners, who must:

  • Be natural-born citizens of the Philippines.
  • At least 35 years old at the time of appointment.
  • Have not served in an election-related office within the year preceding their appointment, in the case of COMELEC.
  • Possess the integrity, probity, and experience required for their respective commissions.
  • Be appointed by the President, subject to confirmation by the Commission on Appointments.

Their terms of office are fixed at seven years without reappointment, ensuring staggered terms. This prevents a single President from completely overhauling any commission, thus maintaining independence.

3. Security of Tenure

The commissioners cannot be removed except by impeachment. This ensures that they are insulated from arbitrary removal. Grounds for impeachment include culpable violation of the Constitution, bribery, graft and corruption, other high crimes, or betrayal of public trust.

4. Fiscal Autonomy

The commissions are granted fiscal autonomy, meaning their budgets cannot be reduced below the amount appropriated the previous year. This provision ensures that budget cuts are not used as a political weapon to impair their operations.

5. Prohibition on Holding Other Offices

Members of the Constitutional Commissions cannot hold any other office or employment, whether in the government or private sector, during their tenure. This prohibition aims to prevent conflicts of interest and safeguard the impartiality of commission members.

6. Salary

The salaries of the Chairmen and Commissioners cannot be decreased during their tenure. This ensures that they are not subjected to financial pressures or punitive measures by those in power.

7. Decisions and Procedures

The commissions must act as collegial bodies, with at least a majority vote needed for decisions on significant matters. These decisions, orders, or rulings should be rendered in writing, clearly stating the facts and laws on which they are based.

Each commission is empowered to create its own rules and procedures to ensure the efficient performance of its functions.

8. Jurisdiction

Each Constitutional Commission has exclusive jurisdiction over matters within its purview:

  • The CSC is responsible for overseeing the civil service, ensuring that government employees are selected on the basis of merit and fitness.
  • The COMELEC supervises all aspects of elections, from registration to proclamation of winners.
  • The COA audits all government accounts and ensures that government funds are spent legally and efficiently.

Their findings and decisions on matters within their jurisdiction are binding unless reversed by the Supreme Court.

9. Enforcement of Decisions

The Constitutional Commissions' decisions are enforceable as law. Parties dissatisfied with their rulings may appeal to the Supreme Court within a specified period through a petition for certiorari if they believe the decision is tainted by grave abuse of discretion.

10. Appointments

Appointments to all positions in the commissions must adhere to principles of meritocracy and fitness, as mandated by the CSC. This ensures that even the internal operations of these commissions maintain high standards of competency and integrity.

Role in Good Governance

The independence and constitutional safeguards for the commissions are part of the checks-and-balances system that aims to ensure government accountability, impartiality, and efficiency. They serve as vital mechanisms for upholding the rule of law and protecting democracy.

  • The CSC ensures that government employees are appointed based on merit and ensures ethical conduct within the civil service.
  • The COMELEC plays a critical role in conducting free, fair, and credible elections, a cornerstone of the democratic process.
  • The COA serves as the government's watchdog for public expenditures, safeguarding the proper use of public funds.

These common provisions across all three commissions establish the framework for their independence, accountability, and operational efficiency in maintaining good governance.

Constitutional Safeguards and Recourse

Citizens, candidates, and public officials affected by the decisions of these commissions have the right to appeal directly to the Supreme Court in cases of grave abuse of discretion, as provided by the Constitution.

Related Legal Doctrines and Principles

  1. Separation of Powers and Checks and Balances – The commissions, while independent, interact with the executive, legislative, and judiciary branches of the government in a system of checks and balances, helping ensure no single branch oversteps its authority.

  2. Judicial Review – The Supreme Court has the power to review decisions made by the commissions, but only in instances of grave abuse of discretion, reinforcing the commissions' independence but providing a safety mechanism for error correction.

  3. Impeachment – As a mechanism of accountability, commission heads and members can be impeached, but the grounds and process are clearly defined and require congressional action.


In summary, the Constitutional Commissions' Common Provisions serve to protect these bodies' autonomy, insulating them from political influence while allowing them to perform critical oversight and governance functions. Their independence, security of tenure, fiscal autonomy, and exclusive jurisdiction are all designed to uphold good governance and safeguard the integrity of the public service, electoral system, and public funds in the Philippines.