POLITICAL LAW AND PUBLIC INTERNATIONAL LAW

IV. CONSTITUTIONAL COMMISSIONS

E. Prohibited Offices and Interests

The Philippine Constitution, particularly in Article IX (Constitutional Commissions), emphasizes the independence of Constitutional Commissions and sets forth prohibitions to ensure that members of these bodies remain impartial and independent in carrying out their constitutional duties. There are three Constitutional Commissions under the 1987 Constitution:

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

The prohibited offices and interests apply to the chairpersons and commissioners of these bodies.

1. Relevant Constitutional Provisions

The 1987 Philippine Constitution, particularly Article IX, Section 2, places restrictions on the commissioners of these bodies to protect their independence. The pertinent sections are as follows:

Section 2, Article IX-A (Common Provisions for All Constitutional Commissions):

Prohibition Against Holding Another Office or Employment

Commissioners are prohibited from holding any other office or employment during their tenure, except as may be provided by law or by the Constitution. This ensures that their loyalty and focus remain solely on their functions as part of a Constitutional Commission.
Prohibition Against Private Interests

Commissioners are prohibited from having any private financial interest in any contract with, or franchise or privilege granted by, the government, including its subdivisions, agencies, or instrumentalities, during their tenure. This clause is aimed at avoiding conflicts of interest and maintaining the impartiality of these officials.
Ineligibility for Any Government Post

Members of these commissions are ineligible to run for any elective position or to be appointed to any other government office or position during their tenure.

2. Specific Prohibitions

A. Prohibition Against Holding Another Office or Employment

Scope of the prohibition: This means that a commissioner cannot hold another government or private position, whether it is in an executive capacity, legislative office, judiciary, or private employment. They must serve full-time and without any conflicting roles. For example, a commissioner of the COMELEC cannot simultaneously hold a position in a private company or serve in the judiciary.
Exceptions: The only exceptions allowed are when the law or Constitution itself expressly provides for it. For example, a member of a Constitutional Commission may sit on a board or council if the Constitution specifically mandates such a role, but this is rare.

B. Prohibition Against Financial Interests

Scope of the prohibition: The commissioner cannot have a financial interest in any contract or privilege granted by the government. This includes holding shares or investments in companies that have dealings with the government.
Rationale: The purpose of this prohibition is to avoid conflicts of interest and ensure that the commissioners remain impartial in their decisions. They are not to benefit financially from decisions they make or from the organizations they regulate.

C. Prohibition Against Running for Elective Office or Being Appointed to Other Government Positions

Post-service prohibition: After their term, commissioners are ineligible to run for any elective office or to be appointed to any government office until after one year has passed from the termination of their term. This restriction seeks to prevent members from using their positions to gain political advantage for future electoral ambitions or appointments.

3. Key Concepts and Legal Doctrines

A. Doctrine of Incompatibility of Office

This doctrine supports the constitutional provision that prohibits holding multiple offices or employment positions simultaneously. The rationale is that public officers must dedicate their full time and attention to their duties in one office, particularly for members of the Constitutional Commissions.

B. Doctrine of Public Trust

Public office is a public trust. Commissioners of the Constitutional Commissions are expected to be beyond reproach in matters of personal interests. Any financial or political interests could undermine the public’s trust in these institutions. Hence, stringent restrictions are placed on them to avoid real or perceived conflicts of interest.

C. Conflict of Interest Rules

Any potential or actual conflict between personal financial interests and public duties is prohibited. Commissioners must be transparent in all dealings and avoid any scenario where their impartiality may be compromised.

D. One-Year Ban Post-Tenure

This rule serves as a safeguard against commissioners using their position for future political or personal gain. By ensuring they cannot immediately run for elective office or assume other government positions, the rule preserves the sanctity and independence of the office.

4. Penalties for Violation

Any violation of the prohibitions laid out in the Constitution can lead to severe consequences, such as:

Impeachment: Members of the Constitutional Commissions can be impeached for culpable violations of the Constitution, graft and corruption, or betrayal of public trust.
Administrative or Criminal Sanctions: Violators may also face criminal or administrative cases for violating anti-corruption and good governance laws, including Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees), and the Anti-Graft and Corrupt Practices Act.

5. Relevant Case Law

There have been various jurisprudential interpretations regarding prohibited offices and interests for Constitutional Commissions. Some key cases include:

Aning v. COMELEC (2005): This case emphasized the requirement for commissioners to resign from private positions and avoid conflicts of interest to uphold their independence.
Funa v. Villar (2010): This case examined the doctrine of incompatibility of office and found that holding two government positions simultaneously, even if one is honorary, can violate the Constitution’s prohibitions.

Conclusion:

The prohibited offices and interests for members of the Constitutional Commissions reflect the high standards of independence and integrity expected from these key institutions in Philippine governance. By restricting commissioners from holding other positions or engaging in private financial interests, the Constitution ensures that these officials remain impartial and committed solely to their constitutional duties. The prohibitions protect the commissions from external influence, ensuring that their actions remain above reproach and in the public interest.