ELECTION: INTRODUCTION
AND HISTORY which aninitiative on the Constitution
Chapter 1
Suffrage – the right to vote in the election of
officers chosen by the people and in the
determination of questions submitted to the
people; it includes election, plebiscite,
initiative and referendum.
Nature of Suffrage:
1. Mere privilege- Not a natural right of the
citizens but a mere privilege to be given or
withheld by the lawmaking power subject to
constitutional limitations.
2. Political Right- enabling citizens to
participate in the process of government to
assure that it derives its power from the
consent of the governed.
Voting – the act or exercise of one’s right to
suffrage.
Election – the means by which the people
choose their officials for a definite and fixed
period and to whom they entrust for the time
being the exercise of the powers of
government.
Kinds:
1. Regular – one provided by law for the
election of officers either nationwide or in
specific subdivisions thereof, after expiration
of the entire term of the former members;
participated in by those who possess the
right to suffrage, are not otherwise
disqualified by law, and who are registered
voters.
➢ The SK election is not a regular
election because the latter is
participated in by youth with ages
ranging from 15-21 (now 15-18 per
R.A. 9164), some of whom are not
qualified voters to elect local or
national elective officials (Paras v.
COMELEC).
2. Special – one held to fill any vacancy in an
office before the expiration of the full term for
which the incumbent was elected.
➢ Plebiscite – the electoral process by
is approved or rejected by the
people; it is also the means by which
the voters in affected areas consent
or object to the change in the form of
local government.
➢ Initiative – the power of the people to
propose amendments to the
Constitution or to propose and enact
legislation through an election called
for the purpose.
➢ Referendum – the power of the
electorate to approve or reject
legislation through an election called
for the purpose.
➢ Recall – a mode of removal of a local
elective official by the people before
the end of his term of office.
Theory on Suffrage prevailing in the
Philippines: Suffrage is both a right and a
privilege. It is a right because it is the
expression of the people’s sovereign will. It is
a privilege because its exercise is granted
not to everybody but to the persons or class
who are most likely to exercise it for the
public good.
System of Election Adopted in the
Philippines: In 1901, the Australian system,
first conceived by Francis Dutton, a member
of the Legislature of South Australia. The
distinguishing feature of the system is
STRICT SECRECY IN BALLOTING.
Election Period: 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
(Sec. 9, Art. IX-C, 1987 Constitution).
Campaign Period:
➢ Presidential and Vice-Presidential
Election – 90 days;
 ➢ Election of Members of Congress and or ruling is not obtained in the division
Local Election – 45 days; and (Garvida v. Sales, Jr.)
Barangay Election – 15 days 3. Where the petitioner invoked the
➢ Special Election under Art. VIII, Sec. jurisdiction of the COMELEC en banc,
5, Subsection (2) of the Constitution – participated in its proceedings and
45 days. sought relief therefrom, in which
instance he is estopped to
The campaign periods shall not include the
subsequently question the
day
jurisdiction of the COMELEC en banc
before and the day of the election (Sec. 3,
(Ramirez v. COMELEC);
B.P.
881). 4. Petitions for the postponement,
declaration of failure of election and
History of Election the calling of special elections (Loong
v. COMELEC); and
1. 1897 Biak na Bato Constitution 5. The COMELEC en banc has the
• No suffrage power to
2. 1899 Malolos Constitution prosecute election cases, and in the
• No suffrage exercise of such prosecutor power, it
3. 1935 Constitution conducts a preliminary investigation,
• Suffrage is limited to male citizens, 21 decides whether or not there exists a
years of age, and able to read and probable cause and files the
write. corresponding information in court.
• Suffrage for women is subject to the (Faelnar v. People).
plebiscite of 300,000 women.
4. 1973 Constitution
Powers and Functions:
• suffrage is mandatory. Failure to
1. Enforcement and Administration
register is an election offense.
of Election Laws and Regulations
5. 1987 Constitution 2. Power to ensure free, honest,
orderly credible and peaceful
elections.
THE COMMISSION ON ELECTIONS
3. Rule-Making Power
Chapter 2
4. Quasi-Legislative Functions
5. Quasi-Judicial Power
Jurisdiction
6. Contempt and Subpoena
7. Auxiliary writs and processes
General Rule: The COMELEC sitting en
8. Specific Powers
banc does NOT have the requisite authority
➢ Power to declare failure of
to hear and decide election cases in the first
elections
instance. This power pertains to the divisions
▪ Two conditions must
of the Commission. Any decision by the
concur before the
Commission en banc as regards election
COMELEC can act on
cases decided by it in the first instance is null
a petition seeking to
and void (Abad v. COMELEC)
declare a failure of
elections:
Exceptions:
i. No voting took
place in the
1. When what is involved in the case is
precinct or
purely administrative, and not quasi-
precincts on
judicial in nature;
the date fixed
2. When the required number of votes
by law, or even
to reach a decision, resolution, order
if there was
 voting, the ➢ Power to transfer polling
election places
resulted in ➢ Power to Transfer Venue of
failure to elect; Canvassing of Votes
and ➢ Power to order opening of
ii. The votes not ballot boxes
cast would ➢ Power to conduct initiative
have affected and plebiscite
the result of
9. Other Specific Powers
the elections.
(Dibratun v. ➢ Deputization of Peace Officers
Comelec) ➢ Investigatory and Prosecutorial
Power
➢ Power to call for special ➢ Deputization of or Endorsement to
elections Prosecutors
▪ In fixing the date for
10. Power of exclusive control and
special elections, the
supervision over the Automated Election
Comelec should see
System (Sec. 26, RA 8436)
to it that:
i. It should not Stand-by Power of COMELEC: If it shall no
be later than longer be reasonably possible to observe the
30 days after periods and dates prescribed by law for
the cessation certain pre-election acts, the Commission
of the cause of shall fix other periods and dates in order to
the ensur accomplishment of the activities so
postponement voters shall not be deprived of their suffrage
or suspension (Sec. 28, R.A. 8436 & Sec. 29 of R.A. 6646,
of the election adopted pursuant to Sec. 9, Art. IX-C of the
or failure to 1987 Constitution).
elect; and
• This stand-by power, however, does
ii. It should be
not apply to fixing the date of
reasonably
registration of votes because Sec. 8
close to the
of R.A. 8189, which provides for a
date of the
continuing registration of voters,
election, not
specifically states that: “No
held,
registration shall, however, be
suspended or
conducted during the period starting
resulted in the
one hundred twenty (120) days
failure to elect.
before a regular election and ninety
(Pangandama
(90) days before a special election.
n v. Comelec)
➢ Power to postpone elections Powers NOT Granted to the COMELEC:
➢ Power to correct manifest
errors in election documents 1. No power to decide questions involving the
➢ Power to order recanvass of right to vote
votes 2. No power to include and exclude voters.
➢ Power to annul or suspend
the proclamation of elected • Currently, jurisdiction to decide
candidates controversies on inclusion or
➢ Power to annul an illegal exclusion of voters belongs to the
canvass Municipal Trial Court.
History of COMELEC

• COMELEC was organized under CA

No. 607 enacted on August 22, 1940.
• The power to enforce the election
laws was originally vested in the
president and exercised through the
Department of Interior.
• COMELEC was then transformed to a
Constitutional Body by virtue of the
1940 amendments to the 1935
Constitution which took effect on
December 2, 1940.
• 1973 Constitution broadened the
powers of the COMELEC by making
it the sole judge of all election
contests relating to election returns,
and qualifications of members of the
national legislature and elective
provincial and city officials.
• The 1987 Constitution grants the
COMELEC the exclusive original
jurisdiction to enforce and administer
all laws and regulations relative to the
conduct of elections, plebiscites,
initiative, referendum, and recalls,
election contests involving regional,
provincial and city elective officials .
(Loong vs. COMELEC)
• 1935 Constitution
Composition: Chairman and
two Commissioners
Term: 9 years
• 1973 Constitution
Composition: Chairman and
eight Commissioners
Term: 7 years without
reappointment
• 1987 Constitution
Composition: Chairman and
six Commissioners
Term: 7 years without
reappointment