Chapter 13 – THE CONSTITUTIONAL CMMISSION
: Salaries have been increased by statute and may
Three Constitutional Commission:
1. Civil Service Commission
2. Commission on Elections
3. Commission on Audit
Constitutional Safeguards:
1. These bodies are created by the Constitution
itself and may not be abolished by statute. [Art IX-
A, Sec. 1]
2. Each of them is expressly described in the
Constitution as “independent”.
3. Each of them is conferred certain powers and
functions which cannot be withdrawn or reduced
by statute.
4. The chairmen and members of all these
Commissions may not be removed from office
except by impeachment. [Art XI, Sec 2]
5. The chairmen and members of all these
Commissions are given a fairly long term of seven
years.
6. The terms of office of the chairmen and members
of all these Commissions are staggered in such a
way as to lessen the opportunity for appointment
of the majority of the body by the same President.
7. Chairmen and members of all these
Commissions may not be reappointed or
appointed in an acting capacity.
8. Salaries of the chairmen and members of all
these Commissions are relatively high and may
not be decreased during their continuance in
office.
9. The Commissions all enjoy fiscal autonomy. [Art
IX-A, Sec 5]
10. Each Commissions may promulgate its own
procedural rules. [Art IX-A, Sec. 7]
11. Chairmen and members of all of these
Commissions are subject to certain
disqualifications and inhibitions calculated to
strengthen their integrity. [Art IX-A, Sec. 2]
12. ConComm are allowed to appoint their own
officials and employees in accordance with the
CS Law. [Art IX-A, Sec 4]
Salaries
not be decreased during the incumbent’s continuance
in office.
: The prohibition against the decrease is to prevent
the legislature from exerting pressure upon the
Commissions by “operating upon their necessities.”
:The permission to increase their salaries during their
continuance in office is a realistic recognition of the
need that arise to adjust the compensation to any
increase in the cost of living.
Disqualifications
SECTION 2. No Member of a Constitutional Commission
shall, during his tenure, hold any other office or
employment. Neither shall he engage in the practice of any
profession or in the active management or control of any
business which in any way be affected by the functions of
his office, nor shall he be financially interested, directly or
indirectly, in any contract with, or in any franchise or
privilege granted by the Government, any of its
subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations or their
subsidiaries.
…
Purpose: to compel the chairmen and members to
devote their full attention to the discharge of their
duties; to remove from them any temptation to take
advantage of their official positions for selfish
purposes.
Staggering of Terms
All the members of the three Constitutional Commissions,
with the exception of the first appointees, are
supposed to serve for a term of seven years. However,
they will not vacate their offices at the same time because
of the system for the staggering of their terms.
Rotational Scheme: Requisites (Republic vs Imperial)
(1) The original members of the Commissions shall
begin their terms on a common date; (Feb. 2,
1987)
(2) Any vacancy occurring before the expiration of
the term shall be filled only for the balance of such
term.
Reappointment
QUERY: WON a member of the Commission may be
reappointed if he has not yet served the full term of seven
years.
***
Funa v. The Chairman, Commission on Audit, the SC
Proceeded to rule and held –
1. The appointment of members of any of the three
constitutional commissions, after the expiration of
the uneven terms of office of the first set of
commissioners, shall always be for a fixed term
of seven (7) years; an appointment for a lesser
period is void and unconstitutional.
The appointing authority cannot validly shorten
the full term of seven years in case of expiration
of the terms as this will result in the distortion of
the rotational system prescribed in the
Constitution.
2. Appointments to vacancies resulting from certain
causes (death, resignation, disability or
impeachment) shall only be for the unexpired
portion of the term of the predecessor, but such
appointments cannot be les than the unexpired
portion as this will likewise disrupt the staggering
of terms laid down under Sec 1(2) of Art IX (D).
3. Members of the Commission who were appointed
for a full term of seven years and who served the
entire period are barred from reappointment to
any position in the Commission. Corollarily, the
first appointees in the Commission under the
Constitution are also covered by the prohibition.
4. A commissioner who resigns after serving for less
than seven years is eligible for an appointment to
the position of Chairman for the unexpired portion
of the term of the departing chairman. Such
appointment is not covered by the ban on
reappointment, provided that aggregate period of
the length of service as commissioner and the
unexpired portion of the term of the predecessor
will not exceed seven years and provided further
that the vacancy in the position of Chairman
resulted from death, resignation, disability or
removal by impeachment. The court clarifies that
‘reappointment’ in Sec 1(2), Art IX (D) means a
movement to one and the same office
(Commissioner to Commissioner or Chairman to
Chairman). On the other hand, an appointment
involving a movement to a different position or
office (Commissioner to Chairman) would
constitute a new appointment and hence, not, in
the strict legal sense, a reappointment barred
under the Constitution.
5. Any member of the Commission cannot be
appointed or designate in a temporary or acting
capacity.
Other Perquisites
Like the SC, the Constitutional Commission are
empowered to appoint their own officials and
employees in accordance with the CS laws. They also
enjoy fiscal autonomy, pursuant to the following
provision:
SECTION 5. The Commission shall enjoy fiscal
autonomy. Their approved annual appropriations
shall be automatically and regularly released.
Further,
SECTION 6. Each Commission en banc may
promulgate its own rules concerning pleadings and
practice before it or before any of its offices. Such
rules however shall not diminish, increase, or modify
substantive rights.
…
The rules of procedure of quasi-judicial bodies, such
as Constitutional Commissions, shall remain effective
unless disapproved by the Supreme Court. [Art VIII,
Sec 5(5)]
Proceedings
SECTION 7. Each Commission shall decide by a
majority vote of all its Members any case or
matter brought before it within sixty days from the
date of its submission for decision or resolution. A
case or matter is deemed submitted for decision or
resolution upon the filing of the last pleading,
brief, or memorandum required by the rules of the
Commission or by the Commission itself. Unless
otherwise provided by this Constitution or by law, any
decision, order, or ruling of each Commission may
be brought to the Supreme Court on certiorari by
the aggrieved party within thirty days from receipt
of a copy thereof.
…
: Insofar as the COMELEC and COA are concerned,
the applicable mode of review from their decisions
would be Rule 64 of the Rules of Court.
: With respect to the adjudications of the CSC, RA
7902 has included it as among the quasi-judicial
agencies whose awards, judgments, final orders or
resolutions would be appealable to the Court of
Appeals under Rule 43 of the Rules of Court.
Note:

#1. Only final orders of the COMELEC en banc (not

of division) may be reviewed by the SC, unless
interloctury orders were issued without or in excess of
jurisdiction or with grave abuse of discretion, as when
it does not appear to be specifically provided under
the COMELEC’s Rules of Procedure; or when the
matter is one that only the COMELEC En Banc may
consider and act upon; or when the Division is not
authorized to take cognizance of a matter; or when
the members of a Division unanimously vote t refer a
matter to the COMELEC En Banc without first
deciding upon it; or when the Resolution sought to be
set aside is a nullity.

#2. Section 7 Art IX-A requires that a majority vote of

all the members of the COMELEC, and not only
those who participated and took part in the
deliberations, would be necessary for the
pronouncement of a decision, resolution, order or
ruling (Estrella v. COMELEC).
Chapter 14 – The Civil Service Commission
Composition and Qualifications
SECTION 1. (1) The Civil Service shall be administered
by the Civil Service Commission composed of a Chairman
and two Commissioners who shall be natural-born
citizens of the Philippines and, at the time of their
appointment, at least thirty-five years of age, with
proven capacity for public administration, and must not
have been candidates for any elective position in the
elections immediately preceding their appointment.
(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, the
Chairman shall hold office for seven years, a
Commissioner for five years, and another Commissioner
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.
… in financial instruments or assets such as
Term: Seven (7) years without reappointment
Scope of the Civil Service: Embraces all branches,
subdivisions, instrumentalities and agencies of the
Government, including government-owned and controlled
corporations with original charters [Section 2(1),
Article IX-B].
: Corporations with original charters – those created by
special law (e.g. GSIS, SSS)
Government instrumentality
- Refers to any agency of the national government, not
integrated w/n the department framework, vested
with some if not all corporate powers, administering
special funds, and enjoying operational autonomy,
usually through a charter. (Broader than GOCC)
- may include a GOCC, but there may be government
instrumentality that will not qualify as a GOCC
- need not to meet the test of economic viability
Government owned or controlled corporation (GOCC)
- Any agency organized as a stock or non-stock
corporation, vested with functions relating to public
needs whether governmental or proprietary in
nature, and owned by the GRP directly or through its
instrumentalities either wholly or, where applicable,
as in the case of stock corporations, to the extent of
at least a majority of its outstanding capital stock.
- May be created or established by special charters in
the interest of common good and subject to the test
of economic viability.
GOCC includes:
a. Government instrumentalities with corporate
entities (GICPs); and
b. Government corporate entities (GCEs)
Instrumentalities or agencies of the government
which are neither corporations nor agencies
integrated within the departmental framework, but
vested by law w/ special functions or jurisdictions,
endowed with some if not all corporate powers,
administering special funds, and enjoying operational
autonomy usually through a charter
c. Government financial institutions (GFIs) – refer to
financial institutions or corporations in which the
government directly or indirectly owns majority of
the capital stock and which are either
(1) Registered with or directly supervised by the
BSP; or
(2) Collecting or transacting funds or
contributions from the public and places them
deposits, loans, bonds, and equity.
Government agency
- More comprehensive concept which refers to any of
the various units of the GRP, including a department,
bureau, office, instrumentality or GOCC, or a local
government or a distinct unit therein.
: Congress has plenary authority to create government
instrumentalities vested with corporate powers provided
these instrumentalities perform essential government
functions or public services.
Classes of Service:
Career Service—characterized by:
a. Entrance based on merit and fitness to be determined
by competitive examination or based on highly technical
qualification;
b. Opportunity for advancement; and
c. Security of tenure.
Kinds of Career Service:
• Open Career Positions —prior qualification via
examination;
• Closed Career Positions —those highly technical
position;
• Career Executive Service —Undersecretaries,
Bureau Directors;
• Career Officers —those appointed by the President
like those in the foreign service;
• Commissioned Officers and enlisted men of the
AFP —governed by separate merit system;
• Personnel of GOCCs— whether performing
governmental or proprietary functions, with original
charters; and
• Permanent laborers —whether skilled, semi-skilled,
or unskilled.
Non-Career Service—characterized by:
a. Entrance on bases other than those of the usual
tests of merits and fitness utilized for the career
service; and
b. Tenure which is limited to a period specified by law,
which is co-terminus with that of the appointing
authority or subject to his pleasure, or which is limited
to the duration of a particular project for which
purpose employment was made.
Kinds of Non-Career Service:
• Elective official and their personal or confidential
staff;
• Department heads and other officials of Cabinet
rank who hold positions at the pleasure of the
President and their personal or confidential staff;
• Chairmen and members of commissions and boards
with fixed terms of office and their personal or
confidential staff;
• Contractual personnel or those whose employment
in the government is in accordance with a special
contract to undertake a specific work or job; and
• Emergency and seasonal personnel.
Exceptions to the requirement of Competitive
Examinations:
1. Policy-determining Position—one charged with
laying down of principal or fundamental guidelines
or rules;
2. Primary Confidential Position—one denoting not
only confidence in the aptitude of the appointee for
the duties of the office but primarily close intimacy
which ensures freedom of intercourse without
embarrassment or freedom from misgiving or
betrayals of personal trust on confidential matters of
state, or one declared to be so by the President upon
recommendation of the Civil Service Commission;
tenure ends upon loss of confidence
3. Highly Technical Position—requires the appointee
to possess technical skill or training in the supreme or
superior degree.
Appointments
SECTION 2. (2) Appointments in the civil service shall be
made only according to merit and fitness to be
determined, as far as practicable, and, except to positions
which are policy-determining, primarily confidential, or
highly technical, by competitive examination.
…
Permanent appointment
- Issued to a person who meets all the requirements
for the position to which he is being appointed,
including the appropriate eligibility prescribed.
Temporary appointment
- Shall be issued in the absence of appropriate eligible
and it becomes necessary in the public interest to fill
a vacancy.
- Issued to a person who meets all the requirements
for the position to which he is being appointed except
the appropriate civil service eligibility. Provided: such
temporary appointment shall not exceed twelve
months, but the appointee may be replaced sooner if
a qualified civil service eligible becomes available.
Note: In the case of Lopez vs. CSC, 194 SCRA 269, the
SC held that the CSC has no power to revoke an
appointment simply because it believes that the person
protesting the appointment or somebody is better
qualified, for that will constitute an encroachment of the
discretion vested solely in the appointing authority.
Security of Tenure
SECTION 2. (3) No officer or employee of the civil service
shall be removed or suspended except for cause provided
by law.
… hall or offices without authority;
Administrative Code of 1987 enumerates the different
grounds for the discipline of civil servants and provides for
a fixed procedure for their administrative investigation.
[Book V(A) Section 46, Admin. Code]
(1) Dishonesty;
(2) Oppression;
(3) Neglect of duty;
(4) Misconduct;
(5) Disgraceful and immoral conduct;
(6) Being notoriously undesirable;
(7) Discourtesy in the course of official duties;
(8) Inefficiency and incompetence in the performance
of official duties;
(9) Receiving for personal use of a fee, gift or other
valuable thing in the course of official duties or in
connection therewith when such fee, gift, or other
valuable thing is given by any person in the hope or
expectation of receiving a favor or better treatment
than that accorded other persons, or committing acts
punishable under the anti-graft laws;
(10) Conviction of a crime involving moral turpitude;
(11) Improper or unauthorized solicitation of
contributions from subordinate employees and by
teachers or school officials from school children;
(12) Violation of existing Civil Service Law and rules or
reasonable office regulations;
(13) Falsification of official document;
(14) Frequent unauthorized absences or tardiness in
reporting for duty, loafing or frequent unauthorized
absences from duty during regular office hours;
(15) Habitual drunkenness;
(16) Gambling prohibited by law;
(17) Refusal to perform official duty or render overtime
service;
(18) Disgraceful, immoral or dishonest conduct prior to
entering the service;
(19) Physical or mental incapacity or disability due to
immoral or vicious habits;
(20) Borrowing money by superior officers from
subordinates or lending by subordinates to superior
officers;
(21) Lending money at usurious rates of interest;
(22) Willful failure to pay just debts or willful failure to
pay taxes due to the government;
(23) Contracting loans of money or other property from
persons with whom the office of the employee
concerned has business relations;
(24) Pursuit of private business, vocation or profession
without the permission required by Civil Service rules
and regulations;
(25) Insubordination;
(26) Engaging directly or indirectly in partisan political
activities by one holding a non-political office;
(27) Conduct prejudicial to the best interest of the
service;
(28 Lobbying for personal interest or gain in legislative
(29) Promoting the sale of tickets in behalf of private
enterprises that are not intended for charitable or public
welfare purposes and even in the latter cases if there
is no prior authority;
(30) Nepotism as defined in Section 60 of this Title.
: Pending administrative investigation, it is provided that
the employee charged shall be subject to preventive
suspension but the same shall be lifted after ninety days
if he is not a presidential appointee unless the delay of the
probe is imputable to him.
: Revised Rules on Administrative Cases in the CS require
the conduct of a preliminary investigation for purposes of
determining the existence of a prima facie case against
the respondent prior to the institution of a formal charge,
in case the complainant is the agency or disciplining
authority, or notice of charge, where the complainant is a
third party.
: Formal charges without the prior conduct of a preliminary
investigation are null and void.
: Various laws have conferred upon different government
agencies disciplinary authority against their personnel or
civil servants. This would not mean though that these laws
necessarily preclude the CSC from exercising its
disciplinary authority over the public officers covered by
such laws.
: Noted though, that it may not exercise disciplinary
authority over court personnel.
Partisan Political Activity
- Means active support for or affiliation with the cause
of a political party or candidate.
SECTION 2. (4) No officer or employee in the civil service
shall engage, directly or indirectly, in any electioneering
or partisan political campaign.
…
Implementing rule is Administrative Code of 1987 (Book
V-A, Sec 56)
“no officer or employee in the Civil Service,
including the members of the Armed Forces, shall engage
directly or indirectly in any partisan political activity or take
part in any election except to vote nor shall he use his
official authority or influence to coerce the political activity
of any other person or body. “
Note however, that nothing therein provided shall be
understood to prevent any officer or employee from
expressing his views on current political problems or
issues, or from mentioning the names of candidates for
public office whom he supports.
Provided, That public officers and employees holding
political offices may take part in political and
electoral activities but it shall be unlawful for them
to solicit contributions from their subordinates or
subject them to any of the acts involving
subordinates prohibited in the Election Code.
In Seneres v. COMELEC, election campaign or “partisan
political activity” refer to:
(1) Forming organizations, associations, clubs,
committees or other groups of persons for the purpose of
soliciting votes and/or undertaking any campaign for or
against a candidate;
(2) Holding political caucuses, conferences, meetings,
rallies, parades, or other similar assemblies, for the
purpose of soliciting votes and/or undertaking any
campaign or propaganda for or against a candidate;
(3) Making speeches, announcements or commentaries,
or holding interviews for or against the election of any
candidate for public office;
(4) Publishing or distributing campaign literature or
materials designed to support or oppose the election of
any candidate; or
(5) Directly or indirectly soliciting votes, pledges or
support for or against a candidate.
: Particularly exempted from the prohibition against
partisan political activity are members of the Cabinet
(Delos Santos v. Yatco).
: In Quinto v. Commission on Elections, constitutional
proscriptions against partisan political activities pertains
to “civil servants holding apolitical offices”.
Purpose of the prohibition:
1. Prevent the members of the civil service from
using the resources of the government for the
benefit of their candidates.
2. To insulate them from political retaliation from
winning candidates they have opposed or not
supported.
Self-organization
SECTION 2. (5) The right to self-organization shall not be
denied to government employees.
…
: Civil servants are employees of the government, and
their terms of employment are governed by law and not
determined in the discretion of the management or by its
agreements with the workers.
: In SSS Employees Association v. Court of Appeals,
the SC declared “xxx But employees in the civil service
may not resort to strikes, walkouts and other temporary
work stoppages, like workers in the private sector so as
to pressure the Government to accede to their demands.”
Temporary Employees
Temporary employees generally do not have any fixed
term and may be replaced at pleasure.
This notwithstanding, in Ambas v. Buenasseda, it has
been ruled that even if the appointment were temporary,
the appointee may not be removed at will if said
temporary appointment is for a fixed period.
In PCSO Board of Directors v. Lapid, the SC held –
“Despite the new ruling on casual employees, it is not the
intention of the Court to make the status of a casual
employee at par with that of a regular employee, who
enjoys permanence of employment. The rule is that
casual employment will cease automatically at the end of
the period unless renewed. Casual employees may also
be terminated anytime though subject to certain
conditions: (1) when their services are no longer needed;
(2) funds are no longer available; (3) project has already
been completed/finished; (4) their performance are below
par.
Equally, they are entitled to due process especially if they
are to be removed for more serious causes or for causes
other than those abovementioned.
All this notwithstanding,
SECTION 2. (6) Temporary employees of the
Government shall be given such protection as may be
provided by law.
Thus, the Congress may provide for example, that
temporary employees who acquire civil service eligibility
for the positions occupied by them shall be automatically
considered permanent appointees thereto.
RA 6850 – employees under provisional or temporary
status who rendered a total of at last seven years of
efficient service may be granted the CS eligibility that will
qualify them for permanent appointment to their positions.
Objectives of the Civil Service
SECTION 3. The Civil Service Commission, as the central
personnel agency of the Government, shall establish a
career service and adopt measures to promote morale,
efficiency, integrity, responsiveness, progressiveness,
and courtesy in the civil service. It shall strengthen the
merit and rewards system, integrate all human resources
development programs for all levels and ranks, and
institutionalize a management climate conducive to public
accountability. It shall submit to the President and the
Congress an annual report on its personnel programs.
… This prohibition does not apply to losing candidates in the
Functions:
: Concurrent holding of positions is allowed only when the
second post is required by the primary functions of the
first appointment and is exercised in an ex-officio
capacity.
Further,
SECTION 6. No candidate who has lost in any election
shall, within one year after such election, be appointed to
any office in the Government or any government-owned
or controlled corporations or in any of their subsidiaries.
…
barangay elections (Sec 94, RA 7160).

1. The CSC shall administer the civil service Double Compensation

2. As the personnel agency of the government shall
SECTION 8. No elective or appointive public officer or
establish a career service.
employee shall receive additional, double, or indirect
3. Shall adopt measures to promote morale,
compensation, unless specifically authorized by law, nor
efficiency, integrity, responsiveness,
accept without the consent of the Congress, any present,
progressiveness, and courtesy in the civil service
emolument, office, or title of any kind from any foreign
4. Strengthen the merit and reward system
government.
5. Integrate human resources development
programs for all levels and ranks Pensions or gratuities shall not be considered as
6. Institutionalize a management climate conducive additional, double, or indirect compensation.
to public accountability
7. Submit to the president and the congress an …
annual report in its personnel programs.
Purpose:

1. To inform the public of the exact amount a public

: The grant of the CSC’s rule-making power is untouched
by Congress, BUT, the laws that CSC interprets and
enforces fall within the prerogative of Congress. Hence,
subject to the same limitations applicable to other
administrative bodies. The rules that CSC formulates
must not override, BUT must be in harmony with the law
it seeks to apply and implement.
functionary is receiving from the government so
they can demand commensurate services
2. Prevent public functionary from dividing his time
among the several positions concurrently held by
him and ineptly performing his duties in all of
them because he cannot devote to each the
proper attention it deserves.

Exception:
Disqualifications
- Where the law allows him to receive extra
SECTION 7. No elective official shall be eligible for
compensation
appointment or designation in any capacity to any public
office or position during his tenure.

… In Yap v. COA, additional allowances and benefits must

be shown to be necessary or relevant to the fulfillment of
As salutary as the old rule was, elective officer is now
official duties and functions of the government officers
again permitted to accept an appointive office during his
and employees.
term, subject only to forfeiture of his elective position.

In the case of the appointive official, it is provided that,

unless otherwise provided by law or by the primary
functions of his position, he shall not hold any other office
or employment in the Government or subdivisions,
agency, instrumentality thereof, including GOCCs or their
subsidiaries.
Chapter 15 – the Commission on Elections
The purpose of the body is to be a more effective
instrument in maintaining the secrecy and sanctity of the
ballot as the concrete expression of the sovereign people.
Composition and Qualification
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 position
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.
… Initiative – the people themselves draft the law and will be
Composition:
• One (1) Chairman
• Six (6) Commissioners
Qualifications:
1. Natural-born citizen;
2. At least 35 years of age at the time of appointment;
3. With proven capacity for public administration; and
4. Not a candidate for any elective position in the election
immediately preceding the appointment.
5. Majority, including the Chairman, must be members of
the Philippine Bar who have been engaged in the practice
of law for at least ten (10) years.
Term: Seven (7) years without reappointment
Section 1, par. 2, Article IX-C—Chairman and
Commissioners of COMELEC are not subject to re-
appointment (See the case of Matibag vs. Benipayo re:
ad interim appointment)
The provision that majority of Comelec members should
be lawyers, pertains to the desired composition. The
appointment of a full complement of lawyers in the
Comelec membership is not precluded.
Powers and Functions
1. Enforcement of election laws
2. Decision on electoral contests
3. Decision of administrative questions
4. Deputization of law-enforcement agencies
5. Registration of Political Parties
6. Improvement of election
I. Enforcement of Election Laws
Section 2. (1) Enforce and administer all laws and
regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall.
…
Plebiscite – intended to work for permanent changes in
the political structure, like a proposal to amend the
Constitution
submitted to the people for ratification or introduce the
matter to the legislature for legislation
Referendum – method of submitting an important
legislative measure to a direct vote of the whole people
Recall - process by which citizens can remove elected
officials from office before their term is completed. This
process typically includes the circulation of petitions by
recall organizers, the evaluation of signatures by election
officials, and a public vote if the petitions are deemed to
have sufficient valid signatures.
By virtue of such authority, the COMELEC, can:
- Require compliance with the rules for the filing of
COCs
- Prevent or prosecute election offenses
- Supervise the registration of voters and the holding
of polls
- See to it that canvass of votes and the proclamation
of winners are done in accordance with law.
Such authority further includes:
- Power to annul an illegal registry of voters
- Cancel a proclamation made by the board of
canvasser on the basis of irregular or incomplete
canvass
- Oust the candidate proclaimed notwithstanding that
he has already assumed office (Aguam v.
COMELEC)
- May reject nuisance candidates
- Refuse to give due course to or cancel COCs
- Disqualify candidates
Sec 69, Omnibus Election Code
- COMELEC may motu proprio or upon a verified
petition of an interested party, refuse to give due
course to or cancel COC if it is shown that said
certificate has been filed to put the election process
in mockery or disrepute or to cause confusion among
the voters by the similarity of names of the registered
candidates or by other circumstances which clearly
demonstrate that the candidate has no bona fide
intention to run for the office. (nuisance candidate)
Votes for a nuisance candidate, particularly such
nuisance candidate who has the same surname as that
of the legitimate candidate, shall not be considered as
stray but counted in favor of the latter.
Sec 68, Omnibus Election Code
- A candidate may be disqualified if he commits any of
the election offenses or “prohibited acts” specified
therein, or if he is a permanent resident of or an
immigrant to a foreign country
- May be filed at any time after the last day for filing of
the certificates of candidacy but not later than the
candidate’s proclamation should he win in the
election.
- A disqualified candidate under Sec 68 may be validly
substituted but only by an official candidate of his
registered or accredited party.
A candidate may be substituted if he dies, is disqualified
or withdraws. Substitutions in case of death or
disqualification may usually be made until midday of
election day.
An earlier deadline is usually prescribed for substitutions
by reason of withdrawal. Sec 12 of RA 9006, in order to
obviate confusion, the name of the substitute candidate
should, as much as possible, bear the same surname as
that of the substituted candidate.
Sec 78, Omnibus Election Code
- A COC may be denied due course or cancelled if
found to be containing false material representation
and are deliberately made. (e.g. misrepresentation to
age, residence, etc)
- Not treated as a candidate at all
- Petition to deny due course must be filed at any time
not later than twenty-five days from the filing of the
COC
Cancelled COC void ab initio - A candidate whose COC if
cancelled of denied due course may likewise not be
substituted (Federico v. COMELEC).
Sec 12, Omnibus Election Code
- Any person who has been declared by competent
authority insane or incompetent, or has been
sentenced by final judgment for subversion,
insurrection, rebellion or for any offense for which he
has been sentenced to a penalty of more than
eighteen months or for a crime involving moral
turpitude, shall be disqualified to be a candidate and
to hold any office, unless he has been given plenary
pardon or granted amnesty.
Pursuant also to its power to enforce and administer
elections, the COMELEC may order the correction of
manifest errors in the tabulation or tallying of results
during the canvassing and petitions for this purpose may
be filed directly with the COMELEC even after a
proclamation of the winning candidates.
“manifest error” – one that is visible to the eye or obvious
to the understanding; open, palpable, incontrovertible,
needing no evidence to make it more clear.
It may also require the correction of the Statement of
Votes to make it conform to the election returns.
COMELEC may also take cognizance of pre-
proclamation controversies. – refer to questions
pertaining to or affecting the proceeding of the board of
canvassers which may be raised by any candidate or by
any registered political party or coalition of parties before
the board or directly within the Commission, or any matter
raised under the ff:
Sec 233: election returns are delayed, lost or destroyed
Sec 234: material defects in the election returns
Sec 235: election returns appear to be tampered with or
falsified
Sec 236: discrepancies in election returns
In relation to the preparation, transmission, receipt
custody and appreciation of election returns.
Section 243, Omnibus Election Code Section 6, RA 6646 (Electoral Reforms Law of 1987)

- Issues which can be raised in a pre-proclamation
controversies
a. Illegal composition or proceeding of the board of
canvassers
b. Canvassed election returns are incomplete,
contain material defects, appear to be tampered
with or falsified, or contain discrepancies in the
same returns or in other authentic copies thereof
as mentioned in 233, 234, 235, 236
c. Election returns were prepared under duress,
threats, coercion, or intimidation, or they are
obviously manufactured or not authentic
d. Substitute or fraudulent returns in controverted
polling places were canvassed, the results of
which materially affected the standing of the
aggrieved candidate or candidates.
Examples of proper election protests (Abayon v.
COMELEC and Raul Daza)
a. Abduction of a voter
b. Killing of a political leader
c. Threats which prevented the holding of campaign
sorties
d. Intimidation of voters or of terrorism and also
massive vote-buying and bribery
Subsequent disqualification of a winning candidate will
not entitle his opponent, the candidate who received the
second highest number of votes, to be declared winner
(Ocampo v. HRET).
Requisites that must concur for a second placer is
allowed to take the place of a disqualified winning
candidate (Talaga v. COMELEC):
Effect of Disqualification Case. - Any candidate who
has been declared by final judgment to be disqualified
shall not be voted for, and the votes cast for him shall
not be counted. If for any reason a candidate is not
declared by final judgment before an election to be
disqualified and he is voted for and receives the
winning number of votes in such election, the Court or
Commission shall continue with the trial and hearing of
the action, inquiry, or protest and, upon motion of the
complainant or any intervenor, may during the
pendency thereof order the suspension of the
proclamation of such candidate whenever the evidence
of his guilt is strong.
---
This provision covers two situations :
(1) Disqualification becomes final before the
elections [first sentence]
(2) Disqualification becomes final after the elections
[second sentence]
If a COC void ab initio is cancelled in the day, or before
the day of the election, prevailing jurisprudence holds that
votes for that candidates are stray votes. Same
application on COCs void ab initio cancelled one day or
more after the election
Popular vote does not cure the ineligibility of a candidate.
An ineligible candidate who receives the highest number
of votes is a wrongful winner.

1. The candidate who obtained the highest

votes is disqualified
2. The electorate was fully aware and in law of
that candidate’s disqualification as to bring
such awareness to the realm of notoriety but
the electorate still cast the plurality of the
votes in favor of the ineligible candidate.
Under the Omnibus Election Code, the COMELEC is now
allowed to postpone or continue elections subject to
certain conditions.
Section 6, Omnibus Election Code
- A failure of election may be declared in the ff
instances:
1. Election has not been held
2. Election has been suspended before the hour
fixed by law
3. Preparation and transmission of the election
returns have given rise to the consequent failure
to elect, meaning nobody emerged as the
winner.
Further, the reason for such failure of elections
should be force majeure, violence, terrorism, fraud or
other analogous causes.
Finally, before the COMELEC can grant a verified
petition seeking to declare a failure of elections, two
conditions must be established:
1. No voting has taken place in the precincts
concerned on the date fixed by law or, even if
there was voting, the election nevertheless
resulted in a failure to elect
2. Votes cast would affect the result of the election.
COMELEC may not be compelled to hold special
elections (Datu Michael Abas Kida v. Senate).
II.Decisions of Election Contests
SECTION 2. (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.
… disciplinary authority over them.
This express 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 exercise of the power expressly
granted, which 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.
SECTION 3. The Commission on Elections may sit en
banc or in two divisions, and shall promulgate its rules of
procedure in order to expedite disposition of election
cases, including pre-proclamation controversies. All such
election cases shall be heard and decided in division,
provided that motions for reconsideration of decisions
shall be decided by the Commission en banc.
..
The Commission meets in two divisions, each consisting
three members. Their decisions may be elevated for
reconsideration to, and may be reviewed by the
Commission sitting en banc.
The Commission sitting in division, has jurisdiction over
petitions to cancel a COC, including pre-proclamation
controversies.
III. Decisions of Administrative Cases
SECTION 2. (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 to the administrative conduct of elections is
the responsibility of the COMELEC. Thus, it ascertains
the establishment of precincts, the designation of polling
places, the purchase of election paraphernalia, the
appointment of election officials, the registration of voters,
and the conduct of elections in general.
IV. Deputization of Law-enforcement Agencies
SECTION 2. (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.
…
This power may be exercised only with the consent of the
President. The COMELEC cannot exercise direct
V. Registration of Political Parties
SECTION 2. (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 personality for purposes of
the elections where they intend to participate. .
In exercising this authority, it only needs to asses whether
the party or organization seeking registration and
accreditation possess all of the qualifications and none of
the disqualifications, and WON it has complied with all of
the requirements for accreditation or registration under
the law.
Political party – organized group of citizens advocating an
ideology or platform, principles and policies for the
general conduct of the government.
Sectoral party – organized group of citizens belonging in
any of the sectors enumerated in Sec 5 of RA 7941 whose
principal advocacy pertains to the special interest and
concerns of their sector.
RA 7941
- Section 5. Registration. Any organized group of
persons may register as a party, organization or
coalition for purposes of the party-list system by
filing with the COMELEC not later than ninety (90)
days before the election a petition verified by its
president or secretary stating its desire to
participate in the party-list system as a national,
regional or sectoral party or organization or a
coalition of such parties or organizations,
attaching thereto its constitution, by-laws, platform
or program of government, list of officers, coalition
agreement and other relevant information as the
COMELEC may require: Provided, That the
sectors shall include labor, peasant, fisherfolk,
urban poor, indigenous cultural communities,
elderly, handicapped, women, youth, veterans,
overseas workers, and professionals.
- Section 6. Refusal and/or Cancellation of
Registration. The COMELEC may, motu propio or
upon verified complaint of any interested party,
refuse or cancel, after due notice and hearing, the
registration of any national, regional or sectoral
party, organization or coalition on any of the
following grounds:
(1) It is a religious sect or denomination,
organization or association, organized for religious
purposes;
(2) It advocates violence or unlawful means to
seek its goal;
(3) It is a foreign party or organization;
(4) It is receiving support from any foreign
government, foreign political party, foundation,
organization, whether directly or through any of its
officers or members or indirectly through third
parties for partisan election purposes;
(5) It violates or fails to comply with laws, rules or
regulations relating to elections;
(6) It declares untruthful statements in its petition;
(7) It has ceased to exist for at least one (1) year;
or
(8) It fails to participate in the last two (2) preceding
elections or fails to obtain at least two per centum
(2%) of the votes cast under the party-list system
in the two (2) preceding elections for the
constituency in which it has registered.
Authority to refuse
- is to decline or to turn down which happens in the
inceptive stage when an organization seeks
admission into the roster of the COMELEC-
registered party-list organizations through a petition
for registration
Authority to cancel Party System

- To annul or remove. Takes place after the fact of
registration when an inquiry is done by the
COMELEC, motu proprio or upon a verified
complaint on whether a registered party-list still holds
the qualifications imposed by law.
Conditions to validly cancel the registration of a party-list
group:
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.

1. Due notice and hearing is afforded to the party- SECTION 8. Political parties, or organizations or
list group concerned coalitions registered under the party-list system, shall not
2. Any of the enumerated grounds for be represented in the voters’ registration boards, boards
disqualifications in Sec 6 exists. of election inspectors, boards of canvassers, or other
similar bodies. However, they shall be entitled to appoint
The Commission’s power to register political parties poll watchers in accordance with law.
includes:
…
- The ascertainment of the identity of the political party
and its legitimate officers responsible for its acts Funds
- Determination of the persons who must act on its
behalf
SECTION 11. Funds certified by the Commission as
- Resolve an intra-party leadership dispute, in a proper
necessary to defray the expenses for holding regular and
case brought before it
special elections, plebiscites, initiatives, referenda, and
recalls, shall be provided in the regular or special
VI. Improvement of Elections appropriations and, once approved, shall be released
automatically upon certification by the Chairman of the
SECTION 2. (7) Recommend to the Congress effective Commission.
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 An added measure to ensure the independence of the
candidacies. COMELEC, but more to guarantee the proper conduct of
the elections and other exercises calling for the suffrage
(9) Submit to the President and the Congress a of the people.
comprehensive report on the conduct of each election,
plebiscite, initiative, referendum, or recall. Judicial Review
…
The power of review of the SC (on certiorari) under Article
Election Period IX-A, Sec 7, is available to decisions, orders, or rulings
rendered by the COMELEC in an election contest; those
SECTION 9. Unless otherwise fixed by the Commission relating to the exercise of its quasi-judicial powers.
in special cases, the election period shall commence
ninety days before the day of the election and shall end
thirty days after.

Campaign period – cannot extend beyond election day,

hence, ends two days before the election.

In Penera v. COMELEC, a candidate is not liable for

election offenses only upon the start of the campaign
period. Under existing laws, any person who files his COC
within the filing period shall only be considered a
candidate at the start of the campaign period and that any
unlawful act or omission applicable to a candidate shall
take effect only upon the start of the campaign period.