CHAPTER 15

THE COMMISSION ON ELECTIONS

 The current members of the COMELEC is seven

 To be more effective instrument in maintaining the secrecy and sanctity
of the ballot as the concrete expression of the will of the sovereig people
 Duty of supervising elections
 The independence of the present COMELEC is maintained ad even
strengthened under the new Constitution

COMPOSISITION AND QUALIFICATIONS

 Section 1 (1),Article IX-C

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 positions 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 Members 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.

 The decrease of membership from nine to seven was intended to

facilitate decisions of the Commission en banc by concurrence of only
four members constituting a majority of the body (4)
 COMELEC is a collegial body
 The new charter prohibits the appointment to the COMELEC of persons
who are candidates in the immediately preceding elections
 The majority of the body including the Chairman, must be members of
the Philippine Bar who have been engaged in the practice of law for at
least ten years.
 The duty reposed in them to be the sole judge of certain election
contests, te qualification is not imposed on all the members

POWERS AND FUNCTIONS

 Section 2 (1),Article IX-C

Sec. 2. The Commission on Elections shall exercise the following

powers and functions:

(1) Enforce and administer all laws and regulations relative to the
conduct of an election, plebiscite, initiative, referendum, and
recall.
THE COMELEC CAN:
  Require compliance with the rules for the filing of certificates of
candidacy
 Prevent or prosecute election offenses,
 Supervise the registration of voters
 Holding of the polls and
 see to it that the canvass of votes and proclamation of the
winners are done in accordance with law
 The power to annul an illegal registry of voters
 To cancel a proclamation made by the board of canvassers on the
basis of an irregular or incomplete canvass
 To oust the candidate proclaimed nitwithstanding that he already
assumed office
 May reject nuisance candidacies
 Refuse to give due course
 Cancel certificates of candidacy
 Disqualify candidates

 Section 2 (2),Article IX-C

(2) Exercise exclusive original jurisdiction over all contests relating to the elections,
returns, and qualifications of all elective regional, provincial, and city officials, and
appellate jurisdiction over all contests involving elective municipal officials decided by
trial courts of general jurisdiction, or involving elective barangay officials decided by
trial courts of limited jurisdiction.

Decisions, final orders, or rulings of the Commission on election contests involving

elective municipal and barangay offices shall be final, executory, and not appealable.

 Exclusive original jurisdiction is vested over eletion contests relating to

the election, returns and qalifications of all regional, provincial and city
officials
 May be appealed to the SC in a petition for certiorari, which is limited to
questions of law involving grave abuse of discretion or lack or excess of
jurisdiction
 This grant of power upon the Commission to resolve election protests
carries with it the grant of all other powers necessary proper or incidental
to the effective and efficient express of the power expressly granted,
 includes the authority to order a technical examination of relevant
election paraphernalia, election returns and ballots in order to determine
whether fraud and irregularities attended the canvass of the votes
 The COMELEC has exclusive original jurisdiction over the qualifications
of partylists (LAYUG VS COMELEC)
 The HRET have exclusive original jurisdiction over the nominees of
political parties once they become Members of the House of
Representatives (LAYUG VS COMELEC)
 The Commission retains its jurisdiction over the qualifications of a
congressional candidate until he becomes a Member of the House of
 Representative (validly proclaimed, took oath and assumed office)
(REYES VS COMELEC)
 The Commission exercises appellate jurisdiction over contests involving
municipal or barangay officials as originally decided by regional or
municipal trial courts. Its decisions shall be final and executory and not
appeallable
 Does not conflict with the minimum appellate jurisdiction of the Supreme
Court under Art. VIII, Section 5(2) which covers only the final
judgements and orders of courts of justice
 The Commission is not a judicial tribunal but only an administrative body
 Its decisions, orders and rulings may be challenged in a petition if
certiorari with the SC under Art. IX-A Sec. 7 on the grounds of grave
abuse of discretion
 Section 251 of the Omnibus Election Code vests jurisdiction over
election contests in RTC’s
 Tria courts of limited jurisdiction have exclusive original jurisdiction over
election protests involving barangay officials including the SK chairman
 The Commission meets in two divisions each consisting of three
Members
 Their decisions may be elevated in a motion for reconsideration to and
may be reviewed by he Commission sitting en banc
 The Commission sitting in division has jurisdiction over petitions tp
cancel a certificate of candidacy
 The Commission sitting en banc does not have the authority to hear and
decide election cases (pre-proclamation controversies)
 Only final orders of the Commission in division may be raised before the
Commission en banc which may entertain only motions for
reconsideration of final decisions of a division
 A diviion of the Commission may however not elevate an appeal to the
Commission en banc without first resolving it
 An aggrieved party must file first a motion for reconsideration of a
resolution of the division to the Commission en banc is mandatory and
jurisdictional in invoking the power to review of the SC
 Failure to abide this procedural requirement constitute a ground for
dismissal of the petition
 Decisions and resolutions of any division of the Commission in special
cases become final and executory after the lapse of five days unless a
timely motion for reconsideration is lodged with the Commission en banc
 The SC may review an interlocutory order of a division of the
Commission under Rule 64 of the Rules of Court when it acts without or
in excess of jurisdiction or with grave abuse of discretion amounting to
lack or excess of jurisdiction

DECISION OF ADMINISTRATIVE QUESTIONS

 Section 2 (3),Article IX-C

(3) Decide, except those involving the right to vote, all questions affecting elections,
including determination of the number and location of polling places, appointment of
election officials and inspectors, and registration of voters.

 Determination of the myriad administrative details relating to the conduct

of the elections is the responsibility of the COMELEC
 Ascertains:

 the establishment of precincts,

 the designation of polling places,
 the purchase of election paraphernalia,
 the appointment of election officials
 the registration of voters
 the conduct of elections in general

 The contempt power of the COMELEC by law is an inherently judicial

prerogative and could not be exercised by it in connection with the
discharge of its purely routinary or administrative duties as distinguished
from its quasi-judicial duties
 The act of canvassing votes is not purely ministerial but also quasi-
judicial
 Investigation of reports on electoral fraud is a fact-finding act relevant to
its quasi-judicial power
 The Constitution prevents it in the exercise of its administrative power
and functions to decide questions involving the right to vote
 May do so however in the discharge of its duties concerning the
registration of voters except that its decision shall be subject to judicial
review
 Such power comes within its quasi-judicial authority and may be validly
exercised as incidental to its powers of regulation

DEPUTIZATION OF LAW-ENFORCEMENT AGENCIES

 Section 2 (4),Article IX-C

(4) 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.

 May be exercised only with the consent of the President

 One instance where expressedly declared to be independet by the
Constitution is sub-ordinated to the President


REGISTRATION OF POLITICAL PARTIES

 Section 2 (5),Article IX-C

(5) Register, after sufficient publication, political parties, organizations, or coalitions

which, in addition to other requirements, must present their platform or program of
government; and accredit citizens' arms of the Commission on Elections. Religious
denominations and sects shall not be registered. Those which seek to achieve their
goals through violence or unlawful means, or refuse to uphold and adhere to this
Constitution, or which are supported by any foreign government shall likewise be
refused registration.

Financial contributions from foreign governments and their agencies to political

parties, organizations, coalitions, or candidates related to elections, constitute
interference in national affairs, and, when accepted, shall be an additional ground for
the cancellation of their registration with the Commission, in addition to other
penalties that may be prescribed by law.

 Registration of political parties is necessary to give them political identity

and juridical responsibility for purposes of the elections where they
intend to participate
 It is essential that political parties present their programs and platforms
of government for the information of the electorate whose support they
are seeking as otherwise the voters may not properly and intelligently
exercise their suffrages
 Enables the Commission to determine if the party seeking registration is
not entitled thereto (a religious group or subversive in nature or purpose
or does not recognize the Constitution or is being supported by a foreign
government)
 Financial contribuutions from such governments will also be a ground for
the cancellation of the registration of a party in addition to such penal
sanctions as may be prescribed by law
 The power of the COMELEC to registration of political parties and
ascertain the eligibility of groups to participate in elections is purely
administrative in character
 To exercise authority: Needs to assess whether the party or organization
seeking registration or accreditation possesses all the qualifications and
none of the disqualifications and whether or not it has complied with all
of the requirements for accreditation or registration under the law
 Political party refers to an organized group of citizens advocating an
ideology or platform, principles and policies for the general conduct of
government
 Sectoral party refers to an organized group of citizens belonging to any
of the sectors enumerated in Section 5 whose principal advocacy
pertains to the special interest and concerns of their sector
 The Commission may cancel certificate of registration issued in favor of
a political party despite the finality of said registration


IMPROVEMENT OF ELECTIONS

 Section 2 ,Article IX-C

(6) File, upon a verified complaint, or on its own initiative, petitions in court for
inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases
of violations of election laws, including acts or omissions constituting election frauds,
offenses, and malpractices.
(7) Recommend to the Congress effective measures to minimize 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.

(8) 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.

(9) Submit to the President and the Congress, a comprehensive report on the
conduct of each election, plebiscite, initiative, referendum, or recall.
 For the constitutional ideal of free, orderly, honest, peaceful and credible
elections
  The subjects of the measures to be recommended by the COMELEC
are the basic problems that have impeded attainment of the above-
mentioned constitutional goal
 The Omnibus Election Code has expanded the list of prohibited election
practices, changed the limitations on the expenses to be incurred by
political parties or candidates allows the COMELEC to refuse to give due
course to certificates of nuisance candidates and assures equal
treatment for all candidates, privileged or not consistently with the
constitutional rule
 For the purpose of determining certain questions relative to election
contests or to the credentials of the candidates proclaimed elected


ELECTION PERIOD

 Section 9, ,Article IX-C

Section 9. Unless otherwise fixed by the Commission in special cases, the election
period shall commence ninety days before the day of election and shall end thirty
days thereafter.

 Allows for the completion of the electoral process within thirty days after
the day of the election
 May be changed in special cases by the COMELEC (special election for
the President which should be called within seven days after the
concurremce of the vacancy to be filled and held not earlier than forty-
five not later than sixty days from such call)
 Election period id distinguished from the campaign period
 Campaign period cannot extend beyond election day (ends two days
before the election day)

PARTY SYSTEM

 Section 6-8, ,Article IX-C

Section 6. A free and open party system shall be allowed to evolve according to the
free choice of the people, subject to the provisions of this Article.

Section 7. No votes cast in favor of a political party, organization, or coalition shall be

valid, except for those registered under the party-list system as provided in this
Constitution.

Section 8. Political parties, or organizations or coalitions registered under the party-

list system, shall not be represented in the voters' registration boards, boards of
election inspectors, boards of canvassers, or other similar bodies. However, they
shall be entitled to appoint poll watchers in accordance with law

 A clear policy in the new Constitution against the two-party system which
is sought to be institutionalized in the Commonwealth Constitution and
was rejected and then restored in the 1973 Constitution
 Usual privileges enjoyed by the majority an minority parties are now
discontinued (representation in the boards of election inspectors and
canvassers)
FUNDS

 Section 11, ,Article IX-C

Section 11. 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 Chairman of the
Commission.

 An added measure to ensure the independence of the COMELEC but

more especially to guarantee the proper conduct of elections and other
exercises calling for the suffrages of the people

JUDICIAL REVIEW

 Characterized as an independent constitutional body with a distinct and

pivotal role
