All ▸ Bar 2024 ▸ POLITICAL AND PUBLIC INTERNATIONAL LAW ▸ V. CONSTITUTIONAL COMMISSIONS (1987 Constitution, Art. IX) ▸ B. Composition and Qualifications of Members (1987 Constitution, Art. IX-B, sec. 1, Art. IX-C, sec. 1, Art. IX-D, sec. 1)

Question

V. Constitutional Commissions: Composition and Qualifications of Members

Scenario:

The Commission on Elections (COMELEC) is a constitutional commission with a specific mandate to ensure free and fair elections in the Philippines. It is composed of a Chairman and six Commissioners, all of whom are appointed by the President of the Philippines, subject to confirmation by the Commission on Appointments.

The regular term of office of the COMELEC Chairman and Commissioners is seven years without reappointment. However, circumstances may arise where a vacancy occurs before the expiration of their term. In such cases, the President has the authority to fill the vacancy.

Recently, a vacancy in the COMELEC membership arose when one of the Commissioners passed away. The Commission on Appointments confirmed the appointment of a new Commissioner, but there has been a debate regarding the qualifications required for individuals appointed to the COMELEC.

Question:

What are the constitutional provisions that govern the composition and qualifications of members of constitutional commissions, such as the COMELEC, under the 1987 Constitution?
Discuss the qualifications required for individuals appointed as Commissioners in the COMELEC. Are there any specific criteria that need to be met?
Assuming there is a dispute regarding the qualifications of a newly appointed Commissioner in the COMELEC, what course of action can be taken to resolve the issue?

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