A: The creation of the Constitutional Commissions is established in the Constitution because of the extraordinary importance of their functions and the need to insulate them from the undesired political interference or pressure. Their independence cannot be assured if they were to be created merely by statute.
CONSTITUTIONAL SAFEGUARDS TO ENSURE INDEPENDENCE OF COMMISSIONS
Q: What are the guarantees of independence provided for by the Constitution to the 3 Commissions?
A:
1. They are constitutionally-created; may not be abolished by statute
2. Each is conferred certain powers and functions which cannot be reduced by statute
3. Each is expressly described as independent 4. Chairmen and members are given fairly long
term of office for 7 years
5. Chairmen and members cannot be removed except by impeachment
6. Chairmen and members may not be reappointed or appointed in an acting capacity
7. Salaries of chairmen and members are relatively high and may not be decreased during continuance in office
8. Commissions enjoy fiscal autonomy
9. Each commission may promulgate its own procedural rules
10. Chairmen and members are subject to certain disqualifications calculated to strengthen their integrity
11. Commissions may appoint their own officials and employees in accordance with Civil Service Law
Note: The Supreme Court held that the “no report, no release” policy may not be validly enforced against offices vested with fiscal autonomy, without violating Sec. 5, Art. IX-A of the Constitution. The automatic release of approved annual appropriations to a Constitutional Commission vested with fiscal autonomy should thus be construed to mean that no condition to fund releases may be imposed.
(CSC v. DBM, G.R. No. 158791, July 22, 2005)
Q: What are the requisites for the effective operation of the rotational scheme of terms of constitutional bodies?
A:
1. The original members of the Commission shall begin their terms on a common date
2. Any vacancy occurring before the expiration of the term shall be filled only for the balance of such term. (Republic v. Imperial, G.R. No. L-8684, Mar. 31, 1995)
POWERS AND FUNCTIONS OF EVERY COMMISSION CIVIL SERVICE COMMISSION
Q: What are the functions of the CSC?
A: As the central personnel agency of the government, it:
1. Establishes a career service
2. Adopts measures to promote morale, efficiency, integrity, responsiveness, progressiveness and courtesy in the Civil Service
3. Strengthens the merits and rewards system 4. Integrates all human resources and development
programs for all levels and ranks
5. Institutionalizes a management climate conducive to public accountability (Sec. 3, Art. IX- B)
COMMISSION ON ELECTIONS
Q: What are the constitutional powers and functions of the COMELEC?
A:
1. Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall.
2. Exercise:
a. Exclusive original jurisdiction over all contests relating to the election, returns and qualifications of all elective:
ii. Regional iii. Provincial iv. City officials
b. Exclusive appellate jurisdiction over all contests involving:
i. Elective municipal officials decided by trial courts of general jurisdiction ii. Elective barangay officials decided
by courts of limited jurisdiction. c. Contempt powers
i. COMELEC can exercise this power only in relation to its adjudicatory or quasi-judicial functions. It cannot exercise this in connection with its purely executive or ministerial functions
ii. If it is pre-proclamation controversy, the COMELEC exercises quasi-judicial/ administrative powers.
iii. Its jurisdiction over contests (after proclamation), is in exercise of its judicial functions.
Note: The COMELEC may issue writs of certiorari, prohibition, and mandamus in exercise of its appellate functions.
3. Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters.
Note: Questions involving the right to vote fall within the jurisdiction of ordinary courts.
4. Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the government, including the AFP, for the exclusive purpose of ensuring free, orderly, honest, peaceful and credible elections.
5. Registration of political parties, organizations, or coalitions and accreditation of citizens’ arms of the COMELEC.
6. File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses and malpractices.
a. COMELEC has exclusive jurisdiction to investigate and prosecute cases for violations of election laws.
b. COMELEC can deputize prosecutors for this purpose. The actions of the prosecutors are the actions of the COMELEC.
Note: Preliminary investigations conducted by the COMELEC are valid.
7. Recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies.
8. Recommend to the President the removal of any officer or employee it has deputized, or the imposition of any other disciplinary action, for violation or disregard of, or disobedience to its directive, order, or decision.
9. Submit to the President and the Congress a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall.
Q: All election cases, including pre-proclamation controversies, must be decided by the COMELEC in division. Should a party be dissatisfied with the decision, what remedy is available?
A: The dissatisfied party may file a motion for reconsideration before the COMELEC en banc. If the en banc’s decision is still not favorable, the same, in accordance with Article IX-A, Sec. 7, “may be brought to the Supreme Court on certiorari.” (Reyes v. RTC of Oriental Mindoro, G.R. No. 108886, May 5, 1995)
Note: The fact that decisions, final orders or rulings of the COMELEC in contests involving elective municipal and barangay offices are final, executory and not appealable, (Art. IX-C, Sec. 2[2]) does not preclude recourse to the Supreme Court by way of a special civil action of certiorari.
(Galido v. COMELEC, G.R. No. 95346, Jan. 18, 1991)
Q: Can the COMELEC exercise its power of contempt in connection with its functions as the National Board of Canvassers during the elections?
A: Yes. The effectiveness of the quasi-judicial power vested by law on a government institution hinges on its authority to compel attendance of the parties and/or their witnesses at the hearings or proceedings. In the same vein, to withhold from the COMELEC the power to punish individuals who refuse
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to appear during a fact-finding investigation, despite a previous notice and order to attend would render nugatory the COMELEC’s investigative power, which is an essential incident to its constitutional mandate to secure the conduct of honest and credible elections. (Bedol v. COMELEC, G.R. No. 179830, Dec. 3, 2009)