COMMISSION ON ELECTION

Is one of the three constitutional commissions of the Philippines. Its principal role is to enforce all laws and
regulations relative to the conduct of elections, initiatives, referendums, and recall elections.
HISTRORY AND PURPOSE
A quick flash back of the Comelecs history is necessary lest efforts be lost in the labyrinth of time.
The COMELEC was organized under Commonwelt Act no. 607 enacted August 22, 1940.
The power to enforce our election laws was originally vested in the President and exercised through the
Department of Interior.
Accordingly, the view ultimately emerged that an independence body could better protect the right of suffrage
of our people.
Hence, the enforcement of our election laws, with an executive power, was transferred to COMELEC.
From a statutory creation, the COMELEC was transformed to a constitutional body by virtue of the 1940
amendments of the 1935 Constitution which took effect Dec. 2, 1940.
COMELEC was generously granted the power to have exclusive charge of the enforcement and
administration of all laws relative to the conduct of election.
Then came 1973 Constition. It further broadens the power of the COMELEC by making it as the sole judge of
all election Contest.
In fine, the COMELEC was given the judicial power aside from its traditional admin and executive powers.
The 1987 Constitution quickened this trend of strengthening the comelec.
Today, the COMELEC enforces and administers all the laws and regulations relative to the conduct of
elections, plebiscite, initiatives, referenda and recalls.
Election contest involving regioanal, provincial and city elective officials are under the exclusive original
jurisdiction.
All contest involving elective municipal and barangay officials are under its appellate jurisdiction.
COMPOSITIONS: 1 CHAIRMAN and 6 COMMISSIONER
QUALIFICATIONS:
NATURAL BORN CITIZENS OF THE PHILIPPINES
AT THE TIME OF THEIR APPOINTMENT AT LEAST BE 35 YEARS OF AGE.
HOLDERS OF COLLEGE DEGREE
NOT A CANDIDATE FOR ANY ELECTIVE POSITION IN THE IMMEDIATE ELECTION
MAJORITY THEREOF, including the CHAIRMAN, shall be MEMBERS OF THE BAR,
who engaged in the practice of law at least ten 10 years.
APPOINTMENT 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 Commissioners first appointed, three shall hold office for seven years, two for five, and the
last members for the three years, without reappointment
DISABILITIES OF MEMBERS

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, may 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.
ART. IX-A

POWERS AND FUNCTIONS FOUND IN THE CONSTITUTION ART. 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.
(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.
(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.
(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.
(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.
(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 candidates.
(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.
Enforcement and administration of election
the commissioner exercises administration and supervision of these processes akin to its powers over the
conduct of elections.
the constitutional grant of investigatory and prosecution power
to adopt means and methods to insure the accomoplishment of the great objective for which it was created.
to insure free, orderly, honest, peaceful, and credible elections.
Decide election contests

Election Contest adversary proceedings 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.
1. An election contest is neither a civil action nor a criminal proceeding. Strictly speaking, it is
neither an action at law nor a suit in equity; it is summary proceeding of a political character.
The purpose of an election contest is to ascertain the candidate lawfully elected to office.
2. Election contests involving regional, provincial, and city officials are places under the exclusive
jurisdiction of the Commission on Elections. For municipal and barangay officials are under
the jurisdiction of regional trial courts and municipal trial courts, respectively, subject to appeal
to the Commission. Those involving elections of Sangguniang Kabataan (SK) officials do not
fall within Omnibus Election Code and Philippine Constitution and no law in effect prior to the
ratification of the Constitution had made the SK chairman an elective barangay official.
3. The power of Commission includes the power to determine the validity or nullity of votes.
4. It is also vested with the power of a public prosecutor with the exclusive authority to conduct
the preliminary investigation and the prosecution of election offenses punishable under the
election law before a competent court.
5. Both Supreme Court and the Commission have concurrent jurisdiction to issue writs of
certiorari, prohibition, and mandamus over decisions of RTC in election cases involving elective
municipal officials.
6. The Senate or House of Representatives Electoral Tribunal has sole and exclusive jurisdiction
over all contests relating to the election returns, and qualifications of member of Congress.
Once a winning candidate has been proclaimed, taken his oath, and assumed office as member
thereof, the COMELECs jurisdiction ends, and the Electoral Tribunals own jurisdiction begins.
DECIDE ALL QUESTIONS AFFECTING ELECTIONS
POPULAR ELECTIONS
ELECTION IS THE EMBODIMENT OF THE POPULAR WILL, THE EXPRESSION OF THE SOVEREIGN
POWER OF THE PEOPLE.
DO NOT INCLUDE ELECTION OF OFFICERS OF KATIPUNAN NG MGA BARANGAY
COMMIOSSIONER EXERCISES ONLY APPELLATE JURISDICTION OVER ELECTION CONTEST.
THE COMMISSION HAS NO JURISDICTION OVER QUESTIONS INVOLVING THE RIGHT TO VOTE
WHICH INCLUDES QUALIFICATIONS AND DISQUALIFICATIONS OF VOTERS. SUCH QUESTIONS
SHALL BE DECIDED BY THE COURTS.
(Nacionalista Party vs. COMELEC, 84 Phil 49)
Deputize law enforcement agencies

Under the Constitution, the deputizing should be with the concurrence of the President. This
limitation seeks to make the holding of free, orderly, honest, peaceful, and credible elections the
joint responsibility of the President and the Commission.
REGISTER POLITICAL PARTIES
POLITICAL PARTIES WHICH HAVE NO:
A. PLATFOMS
B. SEEK TO ACHIEVE THEIR GOALS THROUGH VIOLENCE
C. REFUSE TO UPHOLD AND ADHERE TO THE CONSTITUTION
D. ARE SUPPORTED BY ANY GOVERNMENT
SHALL BE REFUSED REGISTRATION
RELIGIOUS DENOMINATION AND SECT. ARE NOT ALLOWED.
FOREIGN GOVERNMENT IN ACCEPTING FINANCIAL CONTRIBUTIONS RELATED TO ELECTION IS A
GROUND OF CANCELLTION OF THE REGISTRATION
CITIZENS ARMS ACCREDITED BY THE COMMISSION ARE SUPPOSED TO BE COMPLETELY NEUTRAL
AND NON- PARTISAN IN ASSISTING THE COMMISION IN THE CONDUCT OF ELECETIONS.
RECOMMEND MEASURES
FOR THE IMPROVEMENTS OF THE ELECTION LAWS OF TH COUNTRY
File petitions, investigate, and prosecute

The Constitution mandates the Commission not only to investigate but also to prosecute cases of
violation of election laws. The purpose is to help the court determine probable cause and for filing
an information in court. This power is exclusive with Commission.
The Ombudsman or Prosecutor as such, assumes no role in the prosecution of election offenses.
If he files information charging an election or prosecutes a violation of election law, it must be
because he has been deputized by the Commission.
SUBMIT REPORT

description of the previous election

Recommend removal or disciplinary action

The President may or may not follow the recommend of the Commission on Elections. However,
since the deputization was with the concurrence of the President, it is unlikely that he will disregard
the recommendation of the Commission.
Power to punish for contempt

The Commission on Elections not only has the duty to enforce and administer all laws relative to the
conduct of elections, but also to hear and decide any controversy that may be submitted to it in
connection with the elections. And as an incident of the power, it may also punish for contempt in
those cases provided for in Rule 64 of the Rules of Court. The power to punish for contempt is
inherently judicial in character.

In the exercise of its administrative functions, the Commission has no power to hold a person for
contempt.
FINALITY OF DECISION
Where the election contest involve elective municipal and barangay official, the decisions, final orders or
rulings of the COMELEC shall be FINAL , EXECUTORY and NOT APPEALABLE
Those involving elective regional, provocial and city officials may be appeal to the Supreme Court.
Hearing and deciding election cases

Constitution provides that 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.
1. First at Division level -The constitutional provision establishes the two-tiered organizational and
functional structure of the Commission. It requires that election cases including pre-proclamation
controversies and appeals from trial courts must first be heard and decided by a Division of the
Commission. The Commission, sitting en banc, does not have the authority to hear and decide the
same at the first instance. Any decision rendered by it as regards election cases in the first instance is
null and void.
2. Commission en banc The Commission en banc shall decide motions for reconsideration of only of
decisions of a Division. Thus, an order denying petitioners demurrer to evidence, being
interlocutory, may not be resolved by the Commission en banc.
3. Factual findings of the Commission Such findings based on its own assessment and duly supported
by gathered evidence, are conclusive upon the courts.
4. Technical rules of evidence They are not rigorously applied in administrative proceedings
especially where the law calls for the proceeding to be summary. The Commission has broad powers
to ascertain the true results of an election by means available to it. It is not strictly bound by
procedural rules in the attainment of this end.
5. Period for rendition of decisions Under the Omnibus election Code, election cases brought before
the Commission shall be decided within 90 days from the date of submission for decision.
6. Preferential disposition of election contests The provision in Omnibus election Code applies only
to cases before the courts and not those before that Commission on Elections.

REGULATION OF PUBLIC ENTITIES AND MEDIA

Section 4. The Commission may, during the 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 any government-owned or controlled corporation or
its subsidiary. Such supervision or regulation shall aim to ensure equal opportunity, time, and space ,and the
right to reply, including reasonable, equal rates therefor, for public information campaigns and forums among
candidates in connection with the objective of holding free, orderly, honest, peaceful, and credible elections.
PARDON VIOLATORS OF ELECTION LAWS
Section 5. 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.
Election and campaign periods

Under the Constitution, Unless otherwise fixed by the Commission in special cases, the election
period shall commence 90 days before the election and shall end 30 days thereafter,
RENDITION OF DECISION AND JUDICIAL REVIEW
ART. IX-A .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.
Rules of procedure

The Commission on Elections en banc may promulgate its own rules concerning and practice before
it or before any of its offices. Such rules, however, shall not diminish, increase, or modify substantive
rights.

Substantive Rights rights which substantive law declares or rights concerning life, liberty, or
property.

Procedural rights remedies or means by which an aggrieved party, whose rights have been
violated, may bring his case to suit, trial, and judgment.

The Commission has discretion to liberally construe its Rules. It may even suspend its Rules or any
portion thereof in the interest of justice.

The Rules of Court applies suppletorily to proceedings before the Commission.

Votes required for rendition of decision

Under Article IX-A, Section 7 of the Constitution, the Commission on Elections shall decide by a
majority vote of all its members any case or matter brought before it.

Under Section 5 of COMELEC Resolution No. 1669, two members shall constitute a quorum for the
transaction of the official business of the Division.

A decision or resolution becomes binding only after it is promulgated and not before. If at the time of
the promulgation a member of the Commission has already vacated his office, his voted is
automatically withdrawn or cancelled.
Additional functions as may be provided by law

By means of legislation, the Commission on Elections can be given the necessary measure of
flexibility in the discharge of its constitutional tasks.
OTHER FUNCTIONS AND POWERS:
OMNIBUS ELECTION CODE: BP 881

Section 52. Powers and functions of the Commission on Elections. - In addition to the powers and functions
conferred upon it by the Constitution, the Commission shall have exclusive charge of the enforcement and
administration of all laws relative to the conduct of elections for the purpose of ensuring free, orderly and
honest elections, and shall:
(a) Exercise direct and immediate supervision and control over national and local officials or
employees, including members of any national or local law enforcement agency and instrumentality
of the government required by law to perform duties relative to the conduct of elections. In addition,
it may authorize CMT cadets eighteen years of age and above to act as its deputies for the purpose of
enforcing its orders.
The Commission may relieve any officer or employee referred to in the preceding paragraph from
the performance of his duties relating to electoral processes who violates the election law or fails to
comply with its instructions, orders, decisions or rulings, and appoint his substitute. Upon
recommendation of the Commission, the corresponding proper authority shall suspend or remove
from office any or all of such officers or employees who may, after due process, be found guilty of
such violation or failure.
(b) During the period of the campaign and ending thirty days thereafter, when in any area of the
country there are persons committing acts of terrorism to influence people to vote for or against any
candidate or political party, the Commission shall have the power to authorize any member or
members of the Armed Forces of the Philippines, the National Bureau of Investigation, the
Integrated National Police or any similar agency or instrumentality of the government, except
civilian home defense forces, to act as deputies for the purpose of ensuring the holding of free,
orderly and honest elections.
(c) Promulgate rules and regulations implementing the provisions of this Code or other laws which
the Commission is required to enforce and administer, and require the payment of legal fees and
collect the same in payment of any business done in the Commission, at rates that it may provide
and fix in its rules and regulations.
Rules and regulations promulgated by the Commission to implement the provisions of this Code
shall take effect on the sixteenth day after publication in the Official Gazette or in at least daily
newspapers of general circulation. Orders and directives issued by the Commission pursuant to said
rules and regulations shall be furnished by personal delivery to accredited political parties within
forty-eight hours of issuance and shall take effect immediately upon receipt.
In case of conflict between rules, regulations, orders or directives of the Commission in the exercise
of its constitutional powers and those issued by any other administrative office or agency of the
government concerning the same matter relative to elections, the former shall prevail.
(d) Summon the parties to a controversy pending before it, issue subpoena and subpoena duces
tecum, and take testimony in any investigation or hearing before it, and delegate such power to any
officer of the Commission who shall be a member of the Philippine Bar. In case of failure of a witness
to attend, the Commission, upon proof of service of the subpoena to said witnesses, may issue a
warrant to arrest witness and bring him before the Commission or the officer before whom his
attendance is required.
Any controversy submitted to the Commission shall, after compliance with the requirements of due
process, be immediately heard and decided by it within sixty days from submission thereof. No
decision or resolution shall be rendered by the Commission either en banc or by division unless
taken up in a formal session properly convened for the purpose.

The Commission may, when necessary, avail of the assistance of any national or local law
enforcement agency and/or instrumentality of the government to execute under its direct and
immediate supervision any of its final decisions, orders, instructions or rulings.
(e) Punish contempts provided for in the Rules of Court in the same procedure and with the same
penalties provided therein. Any violation of any final and executory decision, order or ruling of the
Commission shall constitute contempt thereof.
(f) Enforce and execute its decisions, directives, orders and instructions which shall have precedence
over those emanating from any other authority, except the Supreme Court and those issued in
habeas corpus proceedings.
(g) Prescribe the forms to be used in the election, plebiscite or referendum.
(h) Procure any supplies, equipment, materials or services needed for the holding of the election by
public bidding: Provided, That, if it finds the requirements of public bidding impractical to observe,
then by negotiations or sealed bids, and in both cases, the accredited parties shall be duly notified.
(i) Prescribe the use or adoption of the latest technological and electronic devices, taking into
account the situation prevailing in the area and the funds available for the purpose: Provided, That
the Commission shall notify the authorized representatives of accredited political parties and
candidates in areas affected by the use or adoption of technological and electronic devices not less
than thirty days prior to the effectivity of the use of such devices.
(j) Carry out a continuing and systematic campaign through newspapers of general circulation,
radios and other media forms to educate the public and fully inform the electorate about election
laws, procedures, decisions, and other matters relative to the work and duties of the Commission
and the necessity of clean, free, orderly and honest electoral processes.
(k) Enlist non-partisan group or organizations of citizens from the civic, youth, professional,
educational, business or labor sectors known for their probity, impartiality and integrity with the
membership and capability to undertake a coordinated operation and activity to assist it in the
implementation of the provisions of this Code and the resolutions, orders and instructions of the
Commission for the purpose of ensuring free, orderly and honest elections in any constituency.
Such groups or organizations shall function under the direct and immediate control and supervision
of the Commission and shall perform the following specific functions and duties:
A. Before Election Day:
1. Undertake an information campaign on salient features of this Code and help
in the dissemination of the orders, decisions and resolutions of the Commission
relative to the forthcoming election.
2. Wage a registration drive in their respective areas so that all citizens of voting
age, not otherwise disqualified by law may be registered.
3. Help cleanse the list of voters of illegal registrants, conduct house-to-house
canvass if necessary, and take the appropriate legal steps towards this end.

4. Report to the Commission violations of the provisions of this Code on the

conduct of the political campaign, election propaganda and electoral
expenditures.
B. On Election Day:
1. Exhort all registered voters in their respective areas to go to their polling places
and cast their votes.
2. Nominate one watcher for accreditation in each polling place and each place of
canvass who shall have the same duties, functions and rights as the other
watchers of political parties and candidates. Members or units of any citizen
group or organization so designated by the Commission except its lone duly
accredited watcher, shall not be allowed to enter any polling place except to vote,
and shall, if they so desire, stay in an area at least fifty meters away from the
polling place.
3. Report to the peace authorities and other appropriate agencies all instances of
terrorism, intimidation of voters, and other similar attempts to frustrate the free
and orderly casting of votes.
4. Perform such other functions as may be entrusted to such group or
organization by the Commission.
The designation of any group or organization made in accordance herewith may be revoked by the
Commission upon notice and hearing whenever by its actuations such group or organization has
shown partiality to any political party or candidate, or has performed acts in excess or in
contravention of the functions and duties herein provided and such others which may be granted by
the Commission.
(l) Conduct hearings on controversies pending before it in the cities or provinces upon proper
motion of any party, taking into consideration the materiality and number of witnesses to be
presented, the situation prevailing in the area and the fund available for the purpose.
(m) Fix other reasonable periods for certain pre-election requirements in order that voters shall not
be deprived of their right of suffrage and certain groups of rights granted them in this Code.
Unless indicated in this Code, the Commission is hereby authorized for fix the appropriate period for
the various prohibited acts enumerated herein, consistent with the requirements of free, orderly, and
honest elections.