Jonah Patel
A constitutional commission is a body of commissioners appointed by a government to make or revise a constitution. In the Philippines, the 1987 Constitution creates three independent Constitutional Commissions: the Civil Service Commission, the Commission on Elections, and the Commission on Audit. These commissions are tasked with distinct but complementary functions, such as ensuring meritocracy in public service, guaranteeing free and fair elections, and ensuring transparency and accountability in government spending. They are independent of the three main branches of government and have fiscal autonomy, with commissioners serving fixed terms and able to be removed only by impeachment.
| Characteristics | Values |
|---|---|
| Purpose | Making or revising a constitution |
| Body of commissioners appointed by | A government |
| Commissioners | Typically experts |
| Commissioners in a country governed by a military regime | Actual or alleged experts whose political opinions match those of the government |
| Constitutional Commissions in the Philippines | Civil Service Commission, Commission on Elections, and Commission on Audit |
| Functions | Ensuring meritocracy in public service, guaranteeing fair elections, and safeguarding the prudent use of public funds |
| Independence | Fiscal autonomy |
| Commissioners | Cannot be removed by anyone other than impeachment |
| Commission on Audit | Audits all government agencies, offices, and instrumentalities |
| Examines and audits the use of all public funds and ensures they are used efficiently, effectively, and legally | |
| Commission on Elections | Quasi-judicial powers in deciding election contests involving national, regional, and local officials |
| Can regulate election propaganda, campaign finance, and access to media during elections |
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What You'll Learn
The Civil Service Commission
A constitutional commission is a body of commissioners appointed by a government to create or revise a constitution. The commissioners are typically experts in their field. The Civil Service Commission (CSC) is one of three constitutional commissions in the Philippines, alongside the Commission on Elections and the Commission on Audit. The CSC was founded in 1900 through Act No. 5 of the Philippine Commission and became a bureau in 1905.
The CSC is the central personnel agency of the Philippine government, responsible for policies, plans, and programs concerning all civil service employees. It has 16 regional offices across the Philippines. The commission is composed of a Chairman and two Commissioners, who are responsible for overseeing the integrity of government actions and processes.
The Chairman and Commissioners must be natural-born citizens of the Philippines, at least 35 years old, and have proven capacity for public administration. They must not have been candidates for any elective position in the elections immediately preceding their appointment. The CSC is tasked with establishing a career service and adopting measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service.
The commission strengthens the merit and rewards system, integrates all human resources development programs for all levels and ranks, and institutionalizes a management climate conducive to public accountability. Additionally, the CSC submits an annual report on its personnel programs to the President and Congress.
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The Commission on Elections
A constitutional commission is a body of commissioners appointed by a government to create or revise a constitution. The commissioners are typically experts, though in some cases, they may be selected based on their alignment with the opinions of the government. The commissions may be advisory or preparatory to another body or a referendum.
In the Philippines, the Commission on Elections (COMELEC) is one of the three Constitutional Commissions, along with the Civil Service Commission and the Commission on Audit. The COMELEC is an independent body with quasi-judicial powers, responsible for enforcing and administering laws and regulations concerning elections, plebiscites, initiatives, referendums, and recalls.
The COMELEC is composed of a chairman and two other members, each serving seven-year terms without reappointment. The chairman acts as the presiding officer and chief executive officer, assisted by an executive director, deputies, regional election directors, provincial election supervisors, and election officers in cities and municipalities.
In 2016, just before the Philippine general election, the COMELEC website was hacked, exposing voter data and registration information. This incident highlighted the vulnerability of the commission's digital infrastructure.
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The Commission on Audit
The COA is the highest auditing body in the Philippines and is tasked with ensuring transparency and accountability in government finances. It audits all government agencies, offices, and instrumentalities, including constitutional bodies, government-owned corporations, and local government units. The commission examines and audits the use of all public funds and ensures they are used efficiently, effectively, and legally. It has the power to disallow irregular, unnecessary, or excessive expenditures and can order the recovery of funds from liable officials.
The COA formulates auditing guidelines, rules, and regulations that must be followed by all government agencies. It also has the authority to settle all accounts of government agencies and officials involved in the collection or expenditure of public funds. The commission is mandated to submit an annual report to the President and Congress on the financial operations of the government, including any significant discrepancies.
The COA is composed of a chairperson and two Commissioners, who must be natural-born citizens of the Philippines, at least thirty-five years old, and either Certified Public Accountants or lawyers. They are appointed by the President, with the consent of the Commission of Appointments, for a non-renewable term of seven years. Members of the commission can only be removed from office through death, resignation, or impeachment.
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The Constitutional Commission's role in upholding democracy, transparency, and accountability
The Philippines has three Constitutional Commissions, as outlined in the 1987 Constitution: the Civil Service Commission, the Commission on Elections (COMELEC), and the Commission on Audit (COA). These commissions are independent bodies, designed to uphold the principles of democracy, transparency, and accountability in government. They are fundamental institutions, with distinct but complementary functions, that contribute to checks and balances within the government structure.
The Civil Service Commission is responsible for overseeing the professionalization of the civil service. It promotes integrity and excellence in public service, ensuring meritocracy and regulating the qualifications for positions. The Commission is led by a Chairperson and two Commissioners, all of whom are appointed by the President and must meet specific requirements, including proven capacity for public administration.
The Commission on Elections ensures free and fair elections. It enforces election laws, decides on election-related cases, and registers political parties. COMELEC has quasi-judicial powers in deciding election contests and can create rules and regulations to address fraud and irregularities. It also regulates election propaganda, campaign finance, and media access during elections.
The Commission on Audit ensures transparency and accountability in government finances. COA audits all government agencies and instrumentalities, including constitutional bodies and government-owned corporations. It examines and settles accounts, ensuring the efficient, effective, and legal use of public funds. COA has the authority to disallow irregular expenditures and order the recovery of funds from liable officials. It formulates auditing guidelines and regulations to ensure transparency and submits annual reports to the President and Congress.
These Constitutional Commissions enjoy fiscal autonomy, with independence in handling their budgets. They have rule-making powers and can promulgate their own procedural rules. The commissions are vital to the functioning of democracy in the Philippines, providing oversight and ensuring integrity in key areas of governance.
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The creation and revision of constitutions
A constitutional commission is a body of commissioners appointed by a government to create or revise a constitution. Commissioners are typically experts, though in countries governed by military regimes, they may be selected based on their political opinions aligning with the government. A constitutional commission may be advisory or preparatory to another body or a referendum.
Constitutional commissions are independent bodies that perform vital government functions. They are designed to uphold the principles of democracy, transparency, and accountability in government. They have fiscal autonomy, meaning they handle their approved budgets without interference from the executive or legislative branches of the government.
In the Philippines, the 1987 Constitution established three constitutional commissions: the Civil Service Commission, the Commission on Elections (COMELEC), and the Commission on Audit (COA). These commissions are tasked with complementary functions, including ensuring meritocracy in public service, guaranteeing free and fair elections, and ensuring transparency and accountability in government spending.
The process of creating or revising a constitution typically involves several steps, including:
- Research and consultation: This involves gathering information and input from a wide range of sources, including legal experts, community leaders, and the general public. This step helps to identify the key issues, concerns, and priorities that the constitution should address.
- Drafting: Once the relevant information has been gathered, the commission can begin drafting the constitution. This involves carefully considering the structure, content, and language of the document to ensure it accurately reflects the input received during the consultation process.
- Review and revision: After the initial draft is complete, it is reviewed and revised as necessary. This step may involve seeking additional feedback and making changes to ensure the document is clear, consistent, and comprehensive.
- Approval and ratification: Once the commission is satisfied with the draft constitution, it is typically submitted to the government and/or the public for approval. This may involve a vote or a referendum, depending on the country's legal processes.
- Implementation: Once the constitution is approved, the commission may play a role in overseeing its implementation, including developing policies, procedures, and guidelines to ensure the constitution is effectively enforced.
The creation or revision of a constitution is a complex and significant undertaking that requires a thorough understanding of the legal, political, and social context. Constitutional commissions play a vital role in this process, ensuring that the resulting document reflects the needs and values of the people and serves as a foundation for a just and democratic society.
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Frequently asked questions
A constitutional commission is a body of commissioners appointed by a government to make or revise a constitution.
The functions of a constitutional commission include maintaining independence from other branches of government, ensuring the proper functioning of public administration, and making or revising a constitution.
Commissioners of a constitutional commission are typically experts appointed by the president, subject to confirmation by the Commission on Appointments.
Examples of constitutional commissions include the Civil Service Commission, the Commission on Elections, and the Commission on Audit.
Constitutional commissions are protected from political manipulation and budget cuts that could hinder their operations. Decisions made by these commissions can be challenged by filing petitions to the Supreme Court.
