b. Members of the Constitutional Commissions (Const., Art. IX-A, Sec. 2)

Members of the Constitutional Commissions

Concept

The Constitution imposes restrictions on members of the Constitutional Commissions during their tenure. For Bar purposes, the restriction on practicing a profession includes the practice of law. It forms part of a broader rule that also addresses other employment, business involvement, and financial interests in government contracts and privileges. (Art. IX, Sec. 2, 1987 Const.)¹

The Constitutional Commissions are the Civil Service Commission, the Commission on Elections, and the Commission on Audit. The Constitution identifies them as independent commissions. The restrictions discussed here attach to their members, not simply to anyone who works in an office bearing a commission’s name. (Art. IX, Sec. 1, 1987 Const.)² (Art. IX, Sec. 2, 1987 Const.)¹

Governing provisions

Article IX-A, Section 2 of the Constitution states the restrictions on a member of a Constitutional Commission during tenure. Section 25 of Executive Order No. 292 sets out the same restrictions. The provisions should be read as addressing several distinct forms of outside activity and interest, rather than only the practice of law. (Art. IX, Sec. 2, 1987 Const.)¹ (Sec. 25, Exec. Order No. 292)³

Requisites / Rules

• Other office or employment: During tenure, a member shall not hold any other office or employment. The provision states this as a separate restriction from its prohibition on practicing a profession. (Art. IX, Sec. 2, 1987 Const.)¹
• Professional practice: A member shall not engage in the practice of any profession. Thus, a member who is a lawyer cannot practice law during tenure; the text is not limited to appearances in court. (Art. IX, Sec. 2, 1987 Const.)¹
• Business: A member shall not engage in the active management or control of a business that may in any way be affected by the functions of the member’s office. Both the active role and the possible effect of the office’s functions matter under this clause. (Art. IX, Sec. 2, 1987 Const.)¹
• Government contracts and privileges: A member shall not be financially interested, directly or indirectly, in a contract with, or franchise or privilege granted by, the Government or the other public entities specified in the provision, including government-owned or controlled corporations and their subsidiaries. (Art. IX, Sec. 2, 1987 Const.)¹

Distinctions

Do not apply the wording of one restriction to another. The ban on holding another office or employment and the ban on practicing a profession are stated without the business clause’s qualification concerning the functions of the member’s office. Conversely, that qualification expressly appears in the restriction on active business management or control. The financial-interest clause separately covers both direct and indirect interests. (Art. IX, Sec. 2, 1987 Const.)¹

Key doctrines

The constitutional rule is framed around membership and tenure: identify whether the person is a member of one of the three Constitutional Commissions, then identify the outside activity or interest involved. If the question concerns law practice, the applicable text prohibits the practice of any profession; it does not require a further showing that a particular legal matter affects the commission’s functions. (Art. IX, Sec. 1, 1987 Const.)² (Art. IX, Sec. 2, 1987 Const.)¹

Bar tip

In a problem involving a commission member who is a lawyer, cite Article IX-A, Section 2 and address professional practice directly. If the facts also mention a second job, business management, or a government contract, test each under its own clause. (Art. IX, Sec. 2, 1987 Const.)¹