Political and Public International Law › Constitutional Commissions › Civil Service Commission (CSC), Commission on Elections (COMELEC), and Commission on Audit (COA)
1. Composition, Qualifications, and Term of Members
D. Composition and Qualifications of Members
> art. IX-B, sec. 1
SECTION 1. (1) The Civil Service shall be administered by the Civil Service Commission composed of a Chairman and two Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, with proven capacity for public administration, and must not have been candidates for any elective position in the elections immediately preceding their appointment.
(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, the Chairman shall hold office for seven years, a Commissioner for five years, and another Commissioner for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.
> art. IX-C, sec. 1
SECTION 1. (1) There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective position in the immediately preceding elections. However, a majority thereof, including the Chairman, shall be Members of the Philippine Bar who have been engaged in the practice of law for at least ten years.
(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, three Members shall hold office for seven years, two Members for five years, and the last Member for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.
> art. IX-D, sec. 1
SECTION 1. (1) There shall be a Commission on Audit composed of a Chairman and two Commissioners, who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, certified public accountants with not less than ten years of auditing experience, or members of the Philippine Bar who have been engaged in the practice of law for at least ten years, and must not have been candidates for any elective position in the elections immediately preceding their appointment. At no time shall all Members of the Commission belong to the same profession.
(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, the Chairman shall hold office for seven years, one Commissioner for five years, and the other Commissioner for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.
E. Prohibited Offices and Interests
> SECTION 2. No Member of a Constitutional Commission shall, during his tenure, hold any other office or employment. Neither shall he engage in the practice of any profession or in the active management or control of any business which in any way be affected by the functions of his office, nor shall he be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the Government, any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations or their subsidiaries.
COMPOSITION AND QUALIFICATION OF MEMBERS
Composition
- Chairman and 2 commissioners
- Appointed by the President with consent of the Commission on Appointments for a term of 7 years, without reappointment.
Security of Tenure
Membership in the HRET may not be terminated except for a just cause, such as the expiration of the member's congressional term of office, his death, permanent disability, resignation from the political party he represents in the tribunal, formal affiliation with another political party, or removal for other valid cause. A member may not be expelled by the HOR for ‘party disloyalty’ short of proof that he has formally affiliated with another political group. (Bondoc v. Pineda, G.R. No. 97710, Sept. 26, 1991)
Appointment and Term
Appointed by the President with the consent of the Commission on Appointments. The term is 7 years, without reappointment. The prohibition of reappointment applies even if the Commissioner has served for less than 7 years. (BERNAS)
Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any member be appointed or designated in a temporary or acting capacity. (PHIL. CONST., art. IXB, § 1, ¶ 2)
Term of Office
3 years, commencing at noon on the 30th day of June next following their election
Composition
The Commission is composed of a Chairman and six Commissioners.
Qualifications
- Each member must be a natural-born citizen of the Philippines.
- Each member must be at least 35 years old at the time of appointment.
- Each member must hold a college degree.
- No member may have been a candidate in the election immediately preceding the appointment.
- A majority of the members, including the Chairman, must be members of the Philippine Bar who have practiced law for at least 10 years (PHIL. CONST., art. IX-C, § 1, ¶ 1).
Qualifications
- Natural born citizen;
- At least 35 years old at the time of appointment
- CPAs with at least 10 years auditing experience or members of the Bar with at least 10 years of experience in the practice of law; at no time shall all members belong to the same profession, and
- Not a candidate in any election immediately preceding appointment (PHIL. CONST. art. IX-D, § 1, ¶ 1)
Appointment and Term
Appointed by the President with the consent of the Commission on Appointments for a term of 7 years, without reappointment.
Appointment to any vacancy shall only be for the unexpired portion of the term of the predecessor.
In no case shall any member be appointed or designated in a temporary or acting capacity. (PHIL. CONST. art. IX-D, § 1, ¶ 2)
Authorities
- 1987 Constitution, Sec. 1
- Bernas
- Bondoc v. Pineda, G.R. No. 97710, 26 September 1991
- PHIL. CONST., Sec. 1
- SECTION 2