# Bayanihan Constitution/Article X

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Source: Full text: Consultative Committee's draft federal constitution. The Philippine Star.
ARTICLE X CONSTITUTIONAL COMMISSIONS
A. COMMON PROVISIONS
SECTION 1. There shall be independent Constitutional Commissions in the Federal Government.
SECTION 2. The Constitutional Commissions are the Federal Civil Service Commission, the Federal Commission on Elections, the Federal Commission on Audit, the Federal Commission on Human Rights, the Federal Ombudsman Commission, and the Federal Competition Commission.
SECTION 3. The Chairpersons and the members of the Constitutional Commissions shall be appointed by the President with the confirmation of the Commission on Appointments for a term of seven (7) years without reappointment.
SECTION 4. Appointment to any vacancy shall only be for the unexpired term of the predecessor. In no case shall any member be appointed or designated in a temporary or acting capacity. All vacancies shall be filled within ninety (90) days after they occur by the same appointing authority.
SECTION 5. Unless consistent with the primary functions of the office, 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, may 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.
SECTION 6. The Chairpersons and members of the Constitutional Commissions may be removed by impeachment.
SECTION 7. The salary of the Chairpersons and the members shall be fixed by law. During their continuance in office, their salary shall not be decreased. Neither shall their retirement and other benefits be reduced.
SECTION 8. The Constitutional Commissions shall appoint their officials and employees in accordance with federal law.
SECTION 9. The Constitutional Commissions shall enjoy fiscal autonomy. Their appropriations may not be reduced by the legislature below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released. They shall have the power to retain and use their savings or income for any of their activities or undertakings, except the grant of additional bonuses and incentives to their officials and personnel.
SECTION 10. Each Commission en banc may promulgate its own rules and regulations concerning pleadings and practice before it or before any of its offices. Such rules, however, shall not diminish, increase, or modify substantive rights.
SECTION 11. In case of resignation, death, or permanent disability of the Chairperson of any Commission to discharge his functions, the most senior member shall serve as acting head until the appointment of a permanent one.
SECTION 12. No spouse or relative of any of the Chairpersons or members within the fourth civil degree of consanguinity or affinity may personally appear as counsel or agent on any matter pending before the Commission concerned or transact business therein, directly or indirectly, during their incumbency and within one (1) year from cessation from office.
B. FEDERAL CIVIL SERVICE COMMISSION
SECTION 1. (a) There shall be a Federal Civil Service Commission that shall administer the civil service which embraces all branches, subdivisions, instrumentalities, and agencies of the Federal and Regional Governments, including government-owned or controlled corporations with original charters and their subsidiaries.
(b) Appointments in the civil service shall be based solely on merit and fitness to be determined by competitive examination or other legal requirements, except to positions which are primarily confidential, policy-determining, and highly technical.
(c) No official or employee of the civil service shall be removed or suspended, except for cause as provided by law.
(d) No official or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign.
(e) The right to self-organization shall not be denied to all government employees.
(f) Temporary employees in government service shall be given such protection as may be provided by law.
SECTION 2. Only citizens of the Philippines may be appointed to or hold public office. Those who hold dual citizenship shall, as a condition to the assumption of office or government employment, renounce allegiance to a foreign sovereignty.
All public officers and employees shall take an oath or affirmation to uphold and defend the Constitution.
SECTION 3. No candidate who lost in any election shall be appointed to any office in the government or any government-owned or controlled corporations and in any of their subsidiaries within one (1) year immediately following such election.
SECTION 4. (a) No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure.
(b) A person holding an appointive public office or position, including active members of the armed forces, shall be considered ipso facto resigned from office upon filing of a certificate of candidacy.
(c) Unless allowed by law, or by the primary functions of his position, no appointive official shall hold any other office or employment in the Federal and Governments or any of their subdivisions, agencies or instrumentalities, including government-owned or controlled corporations or their subsidiaries.
SECTION 5. Unless authorized by law, no elective or appointive public officer or employee shall receive additional or indirect compensation, nor accept without the consent of the Federal Congress, any present, emolument, office, or title of any kind from any foreign government.
Pensions or gratuities shall not be considered as additional, double, or indirect compensation.
SECTION 6. No appointment in the civil service shall be made in favor of a relative within the fourth civil degree of consanguinity or affinity of the appointing or recommending authority, or of the chief of the bureau or office, or of the person exercising immediate supervision over the appointee.
SECTION 7. There shall be no discrimination against any person seeking employment in the civil service by reason of political or religious affiliations or opinions, sex, status, age, physical appearance or disability, or ethnicity.
SECTION 8. (a) The Federal Civil Service Commission, as the central human resource agency of the government, shall establish a career service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service. It shall strengthen the merit and rewards system, integrate all human resources development plans, enhance the capacities of all civil servants, establish standards for position classification and compensation, selection, recruitment, and placement of civil servants, and institutionalize a management climate conducive to public accountability. It shall submit to the President and the Federal Congress an annual report on its human resource programs.
(b) In the discharge of its duties, the Federal Civil Service Commission shall not impair the autonomy of federated regions.
(c) The Commission may review on appeal final orders and decisions of the Regional Civil Service Commissions.
SECTION 9. The Federal Congress shall, upon consultation with the Federal Civil Service Commission, the Department of Budget and Management, and the Department of Finance, provide for the minimum standards of compensation for public officials and employees, including those in government-owned or controlled corporations and their subsidiaries, taking into account the nature of the responsibilities pertaining to, and the qualifications required for, the positions.
SECTION 10. The Federal Civil Service Commission shall be composed of a Chairperson and two (2) Commissioners who shall be natural-born citizens of the Philippines, and at the time of their appointment, at least thirty-five (35) but not more than sixty-five (65) years of age, with proven capacity for public administration, and must not have been candidates for any elective position in the election immediately preceding their appointment. At least one (1) Commissioner shall be a member of the Philippine Bar and has been engaged in the practice of law for at least ten (10) years.
The Chairperson and the Commissioners shall be appointed by the President with the confirmation of the Commission on Appointments for a term of seven (7) years without reappointment. Of those first appointed, the Chairperson shall hold office for seven (7) years and two (2) members for five (5) years.
SECTION 11. The Federal Civil Service Commission shall coordinate with the Career Executive Service Board or its equivalent in the implementation of the rules and standards in Career Executive Service (CES).
SECTION 12. The Federal Civil Service Commission shall decide, by a majority vote of its members, any case or matter brought before it within one (1) year from the date of its filing.
Decisions and rulings of the Commission shall be final and executory and may only be reviewed by the Federal Administrative Court on certiorari as the rules of the Federal Administrative Court may provide.
SECTION 13. There shall be a Civil Service Commission in each Federated Region which shall be guided by the minimum standards and policies set by the Federal Civil Service Commission.
The Regional Assemblies may enact laws which provide for the standards, policies, qualifications, and compensation of public officials and employees under their respective jurisdictions equal to or higher than the minimum standards set by the Federal Congress, taking into account the nature of the responsibilities pertaining to the qualifications needed for the position, and the requirements in their respective regions. Such enactments shall govern the Regional Civil Service Commission.
SECTION 14. The Regional Governor shall appoint members of the Regional Civil Service Commission with the consent of the Regional Assembly. They may not be removed, except for cause as provided by law. The Regional Civil Service Commission shall have the authority to select their personnel and manage their respective offices.
C. FEDERAL COMMISSION ON ELECTIONS
SECTION 1. There shall be a Federal Commission on Elections composed of a Chairperson and six (6) Commissioners, two (2) from Luzon, two (2) from Visayas, and two (2) from Mindanao one of whom shall represent the Bangsamoro, who shall be natural-born citizens of the Philippines, at least thirty-five (35) years of age at the time of their appointment, holders of a college degree, and must not have been candidates for any elective position in the immediately preceding elections. One (1) should be a member of the Philippine Bar and should have engaged in the practice of law for at least ten (10) years.
The Chairperson and the Commissioners shall be appointed by the President with the confirmation of the Commission on Appointments for a term of seven (7) years without reappointment. Of those first appointed, three (3) members shall hold office for seven (7) years, two (2) members for five (5) years, and the last member for three (3) years, without reappointment.
SECTION 2. The Federal Commission on Elections shall exercise the following powers and functions:
(a) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall;
(b) Administer all election activities including the determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters.
(c) Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections;
(d) Register political parties, organizations, or coalitions;
(e) File petitions in court for inclusion or exclusion of voters;
(f) Conduct investigations in cases involving election offenses for the purpose of filing criminal complaints before the appropriate prosecution offices;
(g) Recommend to the Federal Congress effective measures to regulate 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;
(h) 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; and
(i) Submit to the President and the Federal Congress a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall.
SECTION 3. The Commission may, during the election period:
(a) Supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities;
(b) Supervise or regulate media of communication or information; and
(c) Supervise or regulate all grants, special privileges, or concessions granted by the government or any of its subdivisions, agencies, or instrumentalities, including any government-owned or controlled corporations or their subsidiaries. Such supervision or regulation shall aim to ensure equal opportunity, time and space, and the right to reply, including reasonable, equal rates therefor, for public information campaigns and forums among candidates in connection with the objective of holding free, orderly, honest, peaceful, and credible elections.
SECTION 4. No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and regulations shall be granted by the President without the favorable recommendation of the Commission.
SECTION 5. Unless otherwise fixed by the Commission in special cases, the election period shall commence ninety (90) days before the day of election and shall end thirty (30) days after.
SECTION 6. Bona fide candidates for any public office shall be free from any form of harassment and discrimination.
SECTION 7. Funds certified by the Commission as necessary to defray the expenses for holding regular and special elections, plebiscites, initiatives, referenda, and recalls, shall be provided in the regular or special appropriations and, once approved, shall be released automatically upon certification by the Chairperson of the Federal Commission on Elections.
SECTION 8. The appreciation of ballots, counting of votes, and the overall conduct of any election, whether it be manual, automated, or a combination of both, shall be accessible, verifiable, and open to public scrutiny at all stages.
SECTION 9. Not later than six (6) months before any election, any registered voter or registered political party may file, with the Federal Administrative Court, a petition to determine compliance with all processes, procedures, and preparations relative to the conduct of the elections.
D. FEDERAL COMMISSION ON AUDIT
SECTION 1. There shall be a Commission on Audit composed of a Chairperson and four (4) Commissioners, who shall be natural-born citizens of the Philippines, at least thirty-five (35) years of age at the time of their appointment, certified public accountants, or members of the Philippine Bar, or management and quality experts with at least ten (10) years of experience in their respective fields, and must not have been candidates for any elective position in the election immediately preceding their appointment. At no time shall all members of the Commission belong to the same profession.
The Chairperson and the Commissioners shall be appointed by the President with the confirmation of the Commission on Appointments for a term of seven (7) years without reappointment. Of those first appointed, the Chairperson and two (2) Commissioners shall hold office for seven (7) years, and the other two (2) Commissioners for five (5) years, without reappointment.
SECTION 2. (a) The Commission on Audit shall have the power, authority, and duty to examine, audit, and settle all accounts pertaining to the revenue and receipts of, and expenditures of or uses of funds and properties owned or held in trust by, and conduct performance audits of, the Federal or Regional Governments, or any of their subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations or their subsidiaries, and on a post-audit basis:
    1) Constitutional bodies, commissions and offices that have been granted fiscal autonomy under the Constitution;
    2) Autonomous state colleges and universities;
    3) Other government-owned or controlled corporations and their subsidiaries; and
    4) Non-governmental entities receiving subsidy or equity, directly or indirectly, from or through the government, which are required by law or the granting institution to submit to such audit as a condition of subsidy or equity.
(b) However, where the internal control system of the audited agencies is inadequate, the Commission may adopt such measures, including temporary or special pre-audit, as are necessary and appropriate to correct the deficiencies. It shall keep the general accounts of the Government and, for such period as may be provided by law, preserve the vouchers and other supporting papers pertaining thereto.
(c) The Commission shall have exclusive authority, subject to the limitations in this Article, to define the scope of its audit and examination, establish the techniques and methods required therefor, and promulgate accounting and auditing rules and regulations, including those for the prevention and disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures, or uses of government funds and properties.
SECTION 3. No law shall be passed exempting any entity of the Federal or Regional Government or their subsidiary in any form, or any investment of public funds, from the jurisdiction of the Federal Commission on Audit.
SECTION 4. The Commission shall submit to the President and the Congress, within the time fixed by law, an annual report covering the financial condition, operation, and performance of the Federal and Regional Governments, their subdivisions, agencies, and instrumentalities, including government-owned or controlled corporations, and non-governmental entities subject to its audit, and recommend measures necessary to improve their effectiveness and efficiency. It shall submit such other reports as may be required by law.
SECTION 5. The Congress shall enact a Federal Auditing Code that will include the scope, limit, and manner of audit, and the guidelines on the requirements for pre-audit, of the Federal and Regional Governments or any of their subdivisions, agencies, or instrumentalities, including government-owned and controlled corporations with original charters and their subsidiaries. The Federal Commission on Audit shall promulgate auditing rules in conformity with the Federal Auditing Code. The Federal Commission on Audit shall conduct a pre-audit within a reasonable period on transactions or contracts and projects of paramount importance to economic development upon the request of the head of agency.
E. FEDERAL COMMISSION ON HUMAN RIGHTS
SECTION 1. There shall be a Federal Commission on Human Rights composed of a Chairperson and four (4) Commissioners who must be natural-born citizens of the Philippines, at least thirty-five (35) years of age at the time of their appointment, holders of a college degree or its equivalent, and must not have been candidates for any elective position in the immediately preceding election.
The Chairperson and the Commissioners shall be appointed by the President with the confirmation of the Commission on Appointments for a term of seven (7) years without reappointment. Of those first appointed, the Chairperson and two (2) Commissioners shall hold office for seven (7) years and two (2) Commissioners shall hold office for five (5) years.
SECTION 2. The Federal Commission on Human Rights shall have the following powers and duties:
(a) Investigate, on its own or on complaint by any party, all forms of human rights violations involving, but not limited to, civil, political, socio-economic, cultural, and environmental rights, committed by state and non-state actors;
(b) Recommend the prosecution of state and non-state actors to the proper authority for violation of human rights;
(c) Exercise the power to cite in contempt in accordance with the Rules of Court;
(d) Provide preventive measures and legal assistance to all victims whose human rights have been violated or who may need protection and, in appropriate cases, conduct case build-up for prosecution of criminal offenses;
(e) Exercise visitorial powers over jails, prisons, or analogous detention facilities; Provided, that in case of detention facilities inside military camps, the visitorial power can be exercised only upon the issuance of a court order allowing such;
(f) Establish a continuing program of research, education, and information to enhance respect for the primacy of human rights in government and society;
(g) Recommend to Congress legal and effective measures for the protection and promotion of human rights of all persons within the Philippines, as well as Filipinos residing abroad, and to provide for remedies to victims of violations of human rights and their families;
(h) Monitor the compliance by the Federal and Regional Governments with treaty obligations on human rights;
(i) Grant immunity and establish a witness protection program for persons whose testimony or whose possession of documents or other evidence is necessary to determine the truth in any investigation conducted by it or under its authority;
(j) Coordinate with the Federal and Regional Governments or any of their subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations, in the performance of its functions; and
(k) Coordinate with, and render capacity-building assistance to, all human rights agencies.
SECTION 3. A human rights violation is any violation of the rights guaranteed by the Constitution and by international human rights covenants and treaties to which the Philippines is a party, perpetrated by the State or non-state actors.
F. FEDERAL OMBUDSMAN COMMISSION
SECTION 1. There shall be an independent Federal Ombudsman Commission, composed of the Chief Ombudsman as Chairperson, and Four (4) Associate Ombudsmen representing Luzon, Visayas, Mindanao, and the Metropolitan Manila Region. There shall be an overall Deputy Ombudsman to assist the Chief Ombudsman in general administration matters, a Deputy Ombudsman for the military establishment and the uniformed law enforcement offices, and at least one (1) Deputy Ombudsman for each Federated Region.
SECTION 2. The Chief Ombudsman, the Associate Ombudsmen, the Deputies, and the Special Prosecutor shall be natural-born citizens of the Philippines, at least forty-five (45) years old at the time of their appointment, of recognized probity, independence, competence, and integrity, members of the Philippine Bar, and must not have been candidates for any elective office in the immediately preceding election. The Chief Ombudsman, the Associate Ombudsmen, the Deputies, and the Special Prosecutor must have been a judge or engaged in the active practice of law in the Philippines for at least fifteen (15) years.
SECTION 3. The existing Office of the Special Prosecutor shall continue to function and exercise its powers as now or hereafter may be provided by law, and shall be under the control and supervision of the Federal Ombudsman Commission.
SECTION 4. The Chief Ombudsman, the Associate Ombudsmen, the Deputies, and the Special Prosecutor shall serve for a term of seven (7) years without reappointment. They shall not be qualified to run for any office in the election immediately succeeding their cessation from office. Neither are they allowed to appear, nor to practice before, the Federal Ombudsman Commission within two (2) years following their cessation from office. Of those first appointed, the Chief Ombudsman and two (2) Associates shall hold office for seven (7) years and two (2) Associates for five (5) years, without reappointment.
SECTION 5. The Chief Ombudsman, the Associate Ombudsmen, the Deputies, and the Special Prosecutor, shall not, during their tenure, hold any other office or employment. They shall not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or in any special privilege granted by the government or any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations or their subsidiaries.
SECTION 6. The Federal Ombudsman Commission, as the protector of the people, shall act promptly on complaints filed in any form or manner against public officials or employees of the Federal and Regional Governments, or any of their subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations with or without original charters and their subsidiaries, and shall, in appropriate cases, notify the complainants of the action taken and its result.
SECTION 7. The Federal Ombudsman Commission shall be the only authorized body to prosecute graft and corruption at the federal and regional levels of government and other offenses committed in relation to their office.
The Office of the Special Prosecutor shall be responsible for the prosecution of all graft and corruption cases as herein provided.
SECTION 8. The Federal Ombudsman Commission shall decide, by a majority vote of all its members, any case or matter brought before it within one hundred twenty (120) days from the date of its filing. Unless otherwise provided by the Constitution or by law, any decision, order, or ruling of the Commission may be brought to the Federal Administrative Court on appeal or certiorari by the aggrieved party within thirty (30) days from its receipt.
SECTION 9. The Federal Ombudsman Commission shall have the following powers, functions, and duties:
a) Investigate and prosecute on its own or on complaint by any person, any act or omission of any public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient;
b) Exercise disciplinary authority over all elective and appointive officials of the Federal and Regional Governments and their subdivisions, agencies instrumentalities, including members of the cabinet, local government, government-owned or controlled corporations and their subsidiaries, in accordance with paragraph (a), Section 9 hereof, except over officials who may be removed by impeachment; Provided, that when the penalty imposed is removal from the service or higher, the evidence required shall be clear and convincing.
c) Direct, upon complaint or at its own instance, any public officer or employee of the Federal and Regional Governments and their subdivisions, agencies or instrumentalities, as well as any government-owned or controlled corporation with original charter, to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties;
d) Take appropriate action against a public officer or employee at fault or who neglects to perform an act or discharge a duty required by law, and order his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith;
e) Direct the officer concerned, in any appropriate case, and subject to such limitations as may be provided by law, to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties and report any irregularity to the Commission on Audit for appropriate action;
f) Request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents;
g) Publicize matters covered by its investigation when circumstances so warrant and with due prudence;
h) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the government and make recommendations for their elimination and the observance of high standards of ethics and efficiency;
i) Punish for contempt in accordance with the Rules of Court and under the same procedure and with the same penalties provided; and
j) Promulgate its rules of procedure and exercise such other powers or perform such functions or duties at the law may provide.
The Federal Ombudsman Commission shall give priority to complaints filed against high-ranking elective and appointive officials, complaints involving grave offenses, and complaints involving large sums of money or properties.
SECTION 10. The Federal Ombudsman Commission may preventively suspend any officer or employee under its authority pending an investigation if in its judgment the evidence of guilt is strong and (1) the charge against such officer involves dishonesty, oppression, gross misconduct, or neglect in the performance of duty, (2) the charges would warrant removal from the service, or (3) the continued stay of the respondent in office may prejudice the case filed against him.
The preventive suspension shall continue until the investigation is terminated by the Federal Ombudsman Commission but in no case shall it exceed six (6) months, except when the delay in the disposition of the case is due to the fault, negligence, or upon the petition of the respondent, in which case, the period of such delay shall not be counted in computing the period of preventive suspension herein provided.
SECTION 11. No writ of injunction shall be issued by any court to delay an investigation being conducted by the Federal Ombudsman Commission, unless there is a prima facie evidence that the subject matter of the investigation is outside the jurisdiction of the Federal Ombudsman Commission.
The Federal Administrative Court shall hear, on appeal or certiorari, any appeal or application for remedy against the decision or findings of the Federal Ombudsman Commission.
SECTION 12. In accordance with the law and the Rules of Court, the Federal Ombudsman Commission may grant immunity from criminal prosecution to any person whose possession and production of documents or other evidence may be necessary to determine the truth in any of its hearing, inquiry, or proceedings.
The immunity granted shall not exempt the witness from criminal prosecution for perjury or false testimony, nor shall he be exempt from demotion or removal from office.
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