THE COMMISSION ON ELECTIONS

PURPOSE OF THE COMMISSION To protect the sanctity of ballot and the free and honest expression of the popular will To ensure the purity of elections

COMPOSITION The Chairman and six (6) Commissioners as opted by the Constitution

QUALIFICATION OF MEMBERS Natural-born citizens of the Philippines 35 yrs of age at the time of their appointment College Degree holder Must not have been candidates for any elective position in the immediately preceding elections Majority shall be members of the Philippine Bar who have been engaged for the practice of Law for at least ten years (reason: the Commission exercises quasi-judicial powers).

ASPPOINTMENT AND TERMS OF OFFICE OF MEMBERS The Chairman and the Commissioners are appointed by the President with the consent of the Commission on Appointments for a term of 7 years without reappointment. Of the Commission first appointed: Three (3) shall hold office for seven (7) years Two (2) for five (5) years And the last members for three (3) years

A member appointed to fill a vacancy shall serve only for the unexpired term to preserve the staggered terms of office. Appointments or designations in temporary of acting capacity in the Commission are not allowed (reason: its independence and impartiality maybe shaken or destroyed by a designation of a person to act temporarily in the Commission)

DISABILITIES OF MEMBERS They are not allowed to hold any other office or employment They can not engage in the practice of any profession or in the active management or control of any business which in any way maybe affected by his office nor shall they be financially interested including GOCCs and their subsidiaries.

CONSTITUTIONAL POWERS AND FUNCTIONS OF THE COMMISSION a. Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum and recall An election is a formal decision-making process by which a population chooses an individual to hold public office. Plebiscite - a vote by which the people of an entire country or district express an

opinion for or against a proposal especially on a choice of government or rule.

Initiative - is a means by which a petition signed by a certain minimum number of registered voters can force a public vote

Referendum - is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy.

A recall election (also called a recall referendum or representative recall) is a procedure by which voters can remove an elected official from office through a direct vote initiated when sufficient voters sign a petition.

To insure free, orderly, honest, peaceful and credible elections. But the enforcement and administration of all election laws by the Commission does not include the power to annul an election which may not have been free, orderly and honest as such power is merely preventive and not curative. It has the power to annul or cancel illegal registry list of voters and to order the preparation of a new one; to cancel the canvass of election returns and annul an illegal proclamation as when they are based on an incomplete returns and order a new canvass to be made. To suspend the proclamation of winning candidates pending an inquiry into irregularities. However, once the announcement of the result of the election has been made, any alteration or amendment in any statements of election, or in any contradiction or discrepancy appearing therein whether due to clerical error or otherwise, cannot be made without the intervention of a competent court.

b. Decide election contests Election Contest refers to the adversary proceeding by which matters involving the title or claim to an elective office, made before or after

proclamation of the winner is settled whether or not the contestant is claiming the office in dispute. In the election of Barangay officials however, the term is restricted to proceedings after the proclamation of the winner as no pre proclamation controversies are allowed. Purpose of the Contest: to ascertain the candidate lawfully elected the office. The power of the Commission to decide election contests includes the power to determine the validity or nullity of votes. But the Commission has not been given, by the Constitution or by law, jurisdiction to issue writs of certiorari, prohibition and mandamus. Hence, an original special civil action for these against an RTC in an election contest may be filed only in the Court of Appeals being the only courts given such original jurisdiction under the Constitution and the law.

c. Decide, except those involving the right to vote, all questions affecting elections The Commission has no jurisdiction over questions involving the right to vote which includes qualifications and disqualifications of voters, the right of a person to be registered as voter, the right to cast his vote and other allied questions as such shall be decided by the courts.

d. Deputize, law enforcement agencies The deputizing should be with the concurrence of the President. The acts of such deputies within the lawful scope of their delegated authority are, in legal contemplation, the acts of the COMELEC itself.

e. Register political parties, organizations, coalitions and accredit citizens arms Political parties which (a) have no platform or program of Government, or (b) seek to achieve their goals through violence or unlawful means (c) refuse to uphold and adhere to the Constitution, or (d) are supported by any foreign government shall be refused registration. Religious denominations and sects shall not be recognized in view of the principle of separation between church and the State. Acceptance of financial contributions from foreign Governments and their agencies to political parties shall be additional ground for the cancellation of their registration with the commission. Citizens arms accredited by the Commission are supposed to be completely neutral and non-partisan in assisting the Commission in the conduct of elections.

f. File petitions, investigate and prosecute The Commission is empowered to conduct PI in cases involving election offenses for the purpose of helping the court determine probable cause and for filing information in court. The Ombudsman or Prosecutor assumes no role in t he prosecution of election offenses.

g. Recommend 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 candidates.

h. Recommend removal or disciplinary action The President may or may not follow the recommendation of the COMELEC However, since the deputization was with the concurrence of the President, it is unlikely that he will disregard the recommendation of the Commission.

i. Submit report This report required should contain a description on how a previous election, plebiscite, initiative, referendum or recall was conducted and what law or regulations were violated.

POWER TO PUNISH FOR CONTEMPT

The COMELEC has also the duty to hear and decide a controversy that may be submitted to it in connection with the election. And as antecedent of the power, it may also punish for contempt in those cases provided for in Rule 64 of the Rules of Court.

This power to punish contempt is inherently judicial in character. In the exercise of its administrative functions, the COMELEC has no power to hold a person for contempt.

FINALITY OF DECISIONS

Under the Constitution, where the election contests involve elective Municipal and Barangay officials, the decisions, final orders or rulings of the COMELEC shall be final, executor and not appealable.

Those involving elective Regional, Provincial and city officials may be appealed to the Supreme Court.

HEARING OF ELECTION CASES

Constitutional Provision: the COMELEC may sit en banc or in two divisions, and shall promulgate its rules of procedure in order to expedite disposition of election cases, including preproclamation controversies. All such election cases shall be heard and decide in division provided that motions for reconsideration of decisions shall be decided by the Commission en banc

Under the provision above, election cases include pre-proclamation controversies and all such cases (except those relating to the election, returns, and qualifications of members of Congress which are under the exclusive jurisdiction of the respective electoral tribunal of each house) must first be heard and decided by a division.

REGULATION OF PUBLIC ENTITIES AND MEDIA

The Commission may, during election period, supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication or information, all grants, special privileges, or concessions granted by the Government or any subdivision, agency or instrumentality thereof including GOCC or its subsidiary.

PARDON, ETC. OF VIOLATORS OF ELECTION LAWS

Constitutional provision:

No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules and regulations shall be granted by the President without the favorable recommendation of the Commission

The purpose of this provision is to avoid any possibility of the President granting pardon etc. to violators of law or rules and regulations concerning election who may belong to his party or for political reasons.

ELECTION AND CAMPAIGN PERIODS

Constitutional Provision:

Unless otherwise fixed by the Commission in special cases, the election period shall commence ninety (days) before the election and shall end thirty days thereafter However, the above provision does not fix an unalterable period of 90 days for an election campaign. The COMELEC or the Congress in special cases may change the duration of the election campaign. The limitation is designed to minimize partisan political activities and expensive election contests.

RENDITION OF DECISION AND JUDICIAL REVIEW

Constitutional Provision:

The COMELEC shall decide by a majority vote of all its members any case or matter brought before it within sixty (60) days from the date of its submission for decision or resolution.

a. Decisions, orders or rulings of the Commission maybe brought to the Supreme Court on certiorari what is contemplated by the Constitution are decisions, orders or rulings of the Commission rendered in actions or proceedings before it and taken cognizance by it in the exercise of its adjudicatory or quasi-judicial powers. The period of 60 days begin to run from the filing of the last pleading.

b. Review limited to questions involving abuse of discretion under the Constitution, the Supreme Court has no general power of supervision over the Commission except to review the decisions, orders or rulings of the Commission on petition by certiorari by an aggrieved party.

The certiorari jurisdiction of the SC should be confined to instances of grave abuse of discretion amounting to patent and substantial denial of due process committed by it in the exercise of its quasi-judicial powers.

c.

Reason for limited review in the performance of its functions, the COMELEC should be given considerable latitude in devising means and methods that will insure the accomplishment of the great objective for which it was created free, orderly, honest, peaceful election.

Lower courts have no authority to review orders or decisions of the Commission on Elections.

RULES OF PROCEDURE

The COMELEC 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 Substantive right are rights which substantive law declares or rights concerning life, liberty or property

VOTES REQUIRED FOR RENDITION OF DECISION

Sec 5 of COMELEC Resolution no. 1669: Quorum: votes required; substitution two members shall constitute a quorum for the transaction of the official business of the Division.

A case being heard by it shall be decided with the unanimous concurrence of all three Commissioners and its decision shall be considered a decision of the Commission. If this required number is not obtained as when there is a dissenting opinion, the case may be appealed to the Commission en banc, in which case the vote of the majority thereof shall be the decision of the Commission.

ADDITIONAL FUNCTIONS AS MAY BE PROVIDED BY LAW

By means of legislation, the COMELEC can be given the necessary measure of flexibility in the discharge of its constitutional tasks. Of course, Congress cannot diminish the powers and functions granted by the Constitution to the Commission.