Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 4356

Introduced by REP. ELPIDIO F, BARZAGA, JR.

EXPLANATORY NOTE

The independent constitutional commissions include the Civil Service
Commission, the Commission on Elections and the Commission on Audit as
provided for by Section | of Article IX-A of the 1987 Philippine Constitution.
The following are safeguards which ensure the independence of the
constitutional commissions: (1) They are constitutionally created hence they
cannot be abolished by mere statute; (2) They are conferred certain powers and
functions which cannot be reduced by mere statute; (3) Its chairmen and
members cannot be removed except by impeachment; (4) Its chairmen and
members are given a fixed term of office of seven years; (5) Its chairmen and
members may not be reappointed or appointed in an acting capacity; (6) Its
chairmen and members are subject to certain disqualifications calculated to
strengthen their integrity; (7) The salaries of the chairmen and members may
not be diminished or reduced during their continuance in office; (8) They are
given power to appoint their own officials and employees but in accordance
with law; (9) Each commission enjoys fiscal autonomy; and (10) Each
commission may promulgate its own procedural rules, provided they do not
diminish, increase or modify substantive rights. (Justice Antonio E.B. Nachura,
Outline Reviewer in Political Law 2009).

Section 2 of said Article IX-A provides disqualifications or prohibitions
on members against engaging in activities which can distract them from their


responsibilities or create uncertainty with their integrity such as engaging in the
practice of any profession or active management of any business which may be
affected by the functions of their office or be financially interested in any

contract or franchise granted by the government.

The constitutional commissions were created as independent bodies
unlike any other offices since they perform vital functions in the government
particularly the Civil Service Commission which served as the personnel office
of government, the Commission on Audit which served as the central auditing
arm of the government, and the Commission on Elections which is charged with
the administration of the electoral process in the country.

To further enhance the independence of the said constitutional
commissions, it is essential that its chairmen and members must be able to fully
serve their seven-ye:
any external influence being exerted such as appointment in any other
government office. This bill aims to prevent members of constitutional offices
from resigning and accepting any government appointment during their term of
office so as to uphold the stability and continuity in the office for which they
have sworn to serve for the full seven years.

r term of office with their respective commission without

Hence, the chairmen and members of constitutional commissions must
not be allowed to resign and be appointed to any other government office during
their term of office. If successfully removed from office thru impeachment, they
may not also accept any government position until the expiration of their seven-
year term of office.

In light of the foregoing, the immediate approval of this bill is earnestly
sought.

ATTY. ELPIDIO FABARZAGA, JR.
Representative
Lone District of the City of Dasmariiias


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 4356

Introduced by REP. ELPIDIO F, BARZAGA, JR.

AN ACT PROHIBITING MEMBERS OF THE CONSTITUTIONAL
COMMISSIONS FROM RESIGNING FROM THEIR OFFICE TO
ACCEPT AN APPOINTMENT TO ANY GOVERNMENT POSITION

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled.

SECTION 1. Declaration of Policy. - It is the declared policy of the state to
maintain and preserve the independence of the constitutional commissions. The
chairmen and members of the constitutional commissions must fully serve their
term of office except when removed thru impeachment and for causes
recognized under the law. For this reason, the resignation by a chairman or a
member of constitutional comi ion during his term of office to accept another
appointment in any government position is declared to be against both the law
and public policy.

SEC. 2. Definition of Terms. - For purposes of this Act, the following terms
shall mean:

a) Constitutional Commissions shall refer to offices created under Article IX of
the 1987 Philippine Constitution which include the Civil Service Commission,
the Commission on Elections and the Commission on Audit.

b) Government position refers to any appointive position in any of the various
units of the government, including a department, a bureau, office,
instrumentality, government-owned or controlled corporation, or a local


government or a district unit thereof, It also includes any appointive position in
the legislative and or judicial branch of the government, other constitutional
commissions, state universities and colleges, and offices created under the
Constitution.

c) A government-owned or controlled corporation is a stock or non-stock
corporation, which is directly chartered by special law or, if otherwise formed,
is owned or controlled by the government directly or indirectly through a parent
or subsidiary corporation, or by holding the majority of its voting members, in
the case of a non-stock corporation.

SEC. 3. Disqualification, — In addition to the disqualifications provided under
the 1987 Philippine Constitution, the chairman and/or member of a
constitutional commission who resigns or was removed from office by
impeachment shall be disqualified from being appointed to any government
position during the unexpired term of his office.

SEC. 4, Repealing Clause. - All laws, decrees, executive orders, rules and
regulations or parts thereof, inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SEC. 5. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) national newspapers of general
circulation,

Approved,