The proposed Federal Republic of the Consultative Committee shall establish six independent Constitutional Commissions, namely: the Federal Civil Service Commission, Federal Commission on Elections, Federal Commission on Audit, Federal Commission on Human Rights, Federal Ombudsman, and the Federal Competition Commission. This is a radical departure from the three constitutional commissions under the 1987 Constitution which are the Civil Service Commission, Commission on Audit and the Commission on Elections.
The Federal Commissions shall enjoy fiscal autonomy and its members may be removed by impeachment. Members are likewise prohibited from engaging in activities that are in conflict with their position. Neither are they allowed to engage in certain professions nor be financially interested in any contract with any agency or instrumentality of the government. The rotational scheme of succession of the members as mandated in the 1987 Constitution is retained under the proposed setup.
As proposed, the Federal Commissions shall be composed of a chairperson and commissioners with two Commissioners for the Federal Civil Service Commission, the Federal Commission on Elections with six Commissioners, two each from Luzon, Visayas and Mindanao, the Federal Commission on Audit with four Commissioners, the Federal Commission on Human Rights with four Commissioners, the Federal Ombudsman with four Associate Ombudsman and the Federal Competition Commission with four Commissioners.
Like in the 1987 Constitution, the Federal Civil Service Commission remains to be the central human resource agency of the government that shall administer the civil service. The same prohibitions found in the present charter are also present in the draft Federal Charter such as the requirement that appointment to the civil service should be based on merit and fitness, removal only for cause, prohibition against electioneering and partisan political activity, non-denial of right to self-organization, protection of temporary employees, and citizenship requirement for appointment to the civil service.
Each Federated Region shall establish a Civil Service Commission guided by the minimum standards and policies of the Federal Civil Service Commission. The Regional Assemblies can enact laws which provide for the standards, policies, qualifications and compensation of employees within their regions guided by the minimum or higher standards set by the Federal Congress.
The Federal Commission on Elections is essentially mandated to enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, referendum, and recall. Noteworthy is the provision that allows any registered voter or registered political party to file with the Federal Administrative Court a petition to determine compliance with all processes, procedures, and preparations relative to the conduct of the elections and the same must be done six months before any election.
The Federal Commission on Audit retains the authority to examine, audit, and settle all accounts of the government, whether Federal or Regional Government. Congress is likewise mandated to 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 government.
It is good that the Federal Commission on Human Rights is upgraded into a Constitutional Commission with the responsibility to investigate human rights violations both by state and non-state actors. Under the present setup, the Commission on Human Rights has a limited mandate. It is only authorized to accept complaints and investigate but without prosecutorial powers, the CHR’s hands are tied. As a constitutional commission, the existence of the Commission on Human Rights is guaranteed. It becomes insulated from partisan politics and protected from emasculation by state actors like what previously happened when it ran the risk of being deprived of its annual appropriations by Congress. Also, one other important step is to clearly and categorically state that violations of human rights include those not only guaranteed by the Constitution but also international human rights covenants and treaties to which the Philippines is a signatory.
There is likewise created the Federal Ombudsman which shall continue to act as the protector of the people against government abuse. It shall continue to act on complaints against any public officer or agency of the government when such act or omission appears to be illegal, unjust, improper or inefficient. The Federal Administrative Court is the body that shall hear, on appeal or certiorari, any appeal or application for remedy against the decision or findings of the Federal Ombudsman.
A new innovation is the proposed creation of the Federal Competition Commission. It is tasked to enforce and implement all laws and regulations relative to competition. At present, the function is being performed by the Philippine Competition Commission, an independent quasi-judicial body, created by Republic Act No. 10667. As a constitutional commission, the existence and fiscal autonomy of the Federal Competition Commission is guaranteed by no less than the Federal Constitution. It is vested with more comprehensive powers and authority that promote the policies of the government for a more competitive and equitable business environment.
Generally, these Federal Commissions are a good idea. My concerns are the costs and the redundancy especially at the regional level. The transition is also important. The creation of these commissions must not be use to cut the terms of the current officials in the three independent constitutional commissions, the Commission on Human Rights, the Ombudsman, and the Philippine Competition Commission. I propose that a transitory provision be provided to state that the terms of these current officials will be fully respected.
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