Composition and Qualifications of Members

Introduction

The Constitutional Commissions in the Philippines are independent bodies established under the 1987 Constitution to perform essential functions in government oversight and administration. These commissions are:

  1. Civil Service Commission (CSC)
  2. Commission on Elections (COMELEC)
  3. Commission on Audit (COA)

Understanding the composition and qualifications of the members of these commissions is crucial, as it ensures the integrity, independence, and effectiveness of these bodies in performing their constitutional mandates.


Common Provisions for All Constitutional Commissions

Before delving into each commission's specific composition and qualifications, it is essential to note the common provisions applicable to all:

  1. Independence: The commissions are independent constitutional bodies (Article IX-A, Section 1).

  2. Appointment: Members are appointed by the President with the consent of the Commission on Appointments (Article IX-B, C, D, Section 1(2)).

  3. Term of Office: Commissioners serve a term of seven years without reappointment. The terms are staggered to ensure continuity (Article IX-B, C, D, Section 1(2)).

  4. Prohibition on Reappointment and Temporary Appointments: Members cannot be reappointed or appointed in a temporary or acting capacity (Article IX-B, C, D, Section 1(2)).

  5. Disqualifications During Tenure:

    • Members cannot hold any other office or employment.
    • They cannot engage in the practice of any profession or manage any business that may be affected by their functions.
    • They must not have financial interests in any government contract or franchise (Article IX-A, Section 2).
  6. Salary Protection: Salaries are fixed by law and cannot be decreased during their tenure (Article IX-A, Section 3).


A. Civil Service Commission (CSC)

Composition:

  • One Chairman and Two Commissioners (Article IX-B, Section 1(1)).

Qualifications:

  1. Natural-born Citizen: Must be a natural-born citizen of the Philippines.

  2. Age Requirement: At least 35 years old at the time of appointment.

  3. Proven Capacity for Public Administration:

    • Demonstrated competence and experience in public administration.
  4. Non-Candidate in Preceding Election:

    • Must not have been a candidate for any elective position in the elections immediately preceding the appointment.

Term and Appointment:

  • Seven-year term without reappointment.
  • Initial appointees have staggered terms:
    • Chairman: 7 years
    • One Commissioner: 5 years
    • One Commissioner: 3 years

B. Commission on Elections (COMELEC)

Composition:

  • One Chairman and Six Commissioners (Article IX-C, Section 1(1)).

Qualifications:

  1. Natural-born Citizen.

  2. Age Requirement: At least 35 years old.

  3. Educational Background:

    • Holder of a college degree.
  4. Professional Experience:

    • Majority, including the Chairman, must be members of the Philippine Bar with at least 10 years of law practice.
  5. Non-Candidate in Preceding Election.

Term and Appointment:

  • Seven-year term without reappointment.
  • Initial appointees have staggered terms:
    • Three members: 7 years
    • Two members: 5 years
    • Two members: 3 years

C. Commission on Audit (COA)

Composition:

  • One Chairman and Two Commissioners (Article IX-D, Section 1(1)).

Qualifications:

  1. Natural-born Citizen.

  2. Age Requirement: At least 35 years old.

  3. Professional Credentials:

    • Must be either:
      • A Certified Public Accountant (CPA) with at least 10 years of auditing experience, or
      • A member of the Philippine Bar with at least 10 years of law practice.
  4. Non-Candidate in Preceding Election.

Term and Appointment:

  • Seven-year term without reappointment.
  • Initial appointees have staggered terms:
    • Chairman: 7 years
    • One Commissioner: 5 years
    • One Commissioner: 3 years

Rationale Behind Qualifications and Composition

  • Natural-born Citizenship: Ensures allegiance to the Philippines and prevents foreign influence.

  • Age Requirement: Guarantees maturity and sufficient experience.

  • Professional Qualifications:

    • CSC: Proven capacity in public administration ensures competent management of the civil service.
    • COMELEC: Legal expertise is crucial for interpreting election laws; thus, a majority being lawyers with substantial practice is required.
    • COA: Financial and legal expertise is necessary for auditing government finances, hence the requirement for CPAs or lawyers with significant experience.
  • Non-Candidate Provision: Maintains the apolitical nature of the commissions by preventing recent political candidates from influencing independent bodies.

Prohibitions and Restrictions

  • No Reappointment: Prevents entrenchment in power and promotes independence.

  • No Temporary Appointments: Ensures stability and avoids undue influence from the executive branch.

  • Exclusive Service: Members cannot hold other positions or have conflicting interests, preserving the integrity and focus on their constitutional duties.


Appointment Process

  1. Nomination by the President: The President selects qualified individuals.

  2. Confirmation by the Commission on Appointments:

    • A bicameral body composed of members from both the Senate and the House of Representatives.
    • Ensures checks and balances by subjecting appointments to legislative scrutiny.

Security of Tenure and Fiscal Autonomy

  • Security of Tenure: Members can only be removed through impeachment, safeguarding their independence (Article XI, Section 2).

  • Fiscal Autonomy:

    • The commissions' budgets are automatically and regularly released.
    • Prevents financial manipulation that could compromise their functions (Article IX-A, Section 5).

Relevant Jurisprudence

  • Brillantes v. Commission on Elections (G.R. No. 163193, June 15, 2004):

    • The Supreme Court emphasized the importance of the constitutional qualifications and the need for strict adherence to maintain the independence of the COMELEC.
  • Funa v. Villar (G.R. No. 192791, April 24, 2012):

    • Addressed the issue of temporary appointments, reinforcing that no member should be appointed in an acting capacity to uphold the commissions' independence.

Conclusion

The composition and qualifications of the members of the Constitutional Commissions are meticulously outlined in the 1987 Constitution to ensure that only individuals of utmost integrity, competence, and independence serve in these critical oversight bodies. These provisions are designed to:

  • Safeguard Independence: By setting strict qualifications and prohibitions, members are insulated from political pressures.

  • Ensure Competence: Professional and experience requirements guarantee that members are capable of performing their duties effectively.

  • Promote Continuity and Stability: Staggered terms and prohibitions on reappointment prevent sudden shifts in policies and ensure consistent administration.

Understanding these constitutional mandates is essential for appreciating the role these commissions play in upholding democracy, accountability, and good governance in the Philippines.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.