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DISTINCTION BETWEEN THE 1935, 1973 AND 1987 PHIL.

CONSTITUTION
1935 CONSTITUTION

1973 CONSTITUTION

SUFFRAGE:

ONLY MALE CITIZENS


AT LEAST 21 YEARS OF AGE
ABLE TO READ AND WRITE
RESIDENCE FOR AT LEAST ONE YEAR AND
SIX MONTHS IN THE PLACE PROPOSE TO
VOTE PRECEDING THE ELECTIONS
EXTEND RIGHT TO VOTE FOR WOMEN
AFTER VOTING AFFIRMATIVELY IN A
PLEBISCITE FOR THAT PURPOSE AND AT
LEAST VOTED BY THREE HUNDRED
THOUSAND WOMEN POSSESSING THE
NECESSARY QUALIFICATIONS

BY CITIZENS OF THE PHILIPPINES


AT LEAST 18 YEARS OF AGE
NO LITERACY, PROPERTY OR OTHER
SUBSTANTIVE REQUIREMENT ON THE
EXERCISE OF SUFFRAGE
RESIDENCE FOR AT LEAST ONE YEAR AND
SIX MONTHS IN THE PLACE PROPOSE TO
VOTE PRECEDING THE ELECTIONS
THE BATASANG PAMBANSA SHALL PROVIDE
A SYSTEM FOR THE PURPOSE OF
SECURING THE SECRECY AND SANCTITY
OF THE VOTE

KIND OF CONGRESS
COMELEC:
COMPOSITION
APPOINTED BY

NATIONAL ASSEMBLY
ONE CHAIRMAN AND TWO
COMMISSIONERS

BATASANG PAMBANSA
ONE CHAIRMAN AND EIGHT
COMMISSIONERS

BY THE PRESIDENT WITH THE CONSENT


OF COMMISSION ON APPOINTMENTS
NONE

BY THE PRIME MINISTER

QUALIFICATIONS OF MEMBERS

1987 CONSTITUTION
BY ALL CITIZENS OF THE PHILIPPINES
AT LEAST EIGHTEEN (18) YEARS OF AGE
RESIDENCE FOR AT LEAST ONE YEAR AND SIX
MONTHS IN THE PLACE PROPOSE TO VOTE
PRECEDING THE ELECTIONS
NO LITERACY, PROPERTY OR OTHER
SUBSTANTIVE REQUIREMENT ON THE
EXERCISE OF SUFFRAGE
THE CONGRESS SHALL PROVIDE A SYSTEM FOR
SECURING THE SECRECY AND SANCTITY OF
THE BALLOT AS WELL AS THE SYSTEM FOR
ABSENTEE VOTING BY QUALIFIED FILIPINOS
ABROAD
THE CONGRESS SHALL ALSO DESIGN A
PROCEDURE FOR THE DISABLED AND THE
ILLITERATES
TO
VOTE
WITHOUT
THE
ASSISTANCE OF OTHER PERSONS. UNTIL
THEN, THEY SHALL BE ALLOWED TO VOTE
UNDER EXISTING LAWS AND SUCH RULES AS
THE COMMISSION ON ELECTIONS MAY
PROMULGATE TO PROTECT THE SECRECY OF
THE BALLOT.
CONGRESS
ONE CHAIRMAN AND SIX COMMISSIONERS

BY THE PRESIDENT WITH THE CONSENT OF


COMMISSION ON APPOINTMENTS
NATURAL-BORN CITIZENS
NATURAL-BORN CITIZENS
AT LEAST 35 YEARS OF AGE AT THE TIME OF AT LEAST 35 YEARS OF AGE AT THE TIME OF
APPOINTMENT
APPOINTMENT
HOLDER OF COLLEGE DEGREE BUT
HOLDER OF COLLEGE DEGREE BUT MAJORITY,
MAJORITY, INCLUDING THE CHAIRMAN,
INCLUDING THE CHAIRMAN, SHALL BE
SHALL BE MEMBERS OF THE PHILIPPINE
MEMBERS OF THE PHILIPPINE BAR AND
BAR AND ENGAGED IN THE PRACTICE OF
ENGAGED IN THE PRACTICE OF LAW FOR AT
LAW FOR AT LEAST TEN YEARS
LEAST TEN YEARS
MUST NOT HAVE BEEN CANDIDATES FOR ANY
ELECTIVE POSITIONS IN THE IMMEDIATELY
PRECEDING ELECTIONS

IN CASES OF VACANCY

NONE

NUMBER OF MEMBERS AND TERM OF


OFFICE

REMOVAL OF OFFICE
SALARY (ANNUAL)

THREE (3) MEMBERS


(CHAIRMAN AND TWO COMMISSIONERS)

POWERS AND FUNCTIONS

APPOINTMENTS TO ANY VACANCY SHALL BE APPOINTMENTS TO ANY VACANCY SHALL BE


ONLY FOR THE UNEXPIRED PORTIONS OF
ONLY FOR THE UNEXPIRED TERM OF THE
THE TERM OF THE PREDECESSOR
PREDECESSOR
IN NO CASE SHALL ANY MEMBER BE APPOINTED
OR DESIGNATED IN A TEMPORARY OR ACTING
CAPACITY.

ONE FOR NINE (9) YEARS


ONE FOR SIX (6) YEARS
ONE FOR THREE (3) YEARS
ONLY BY IMPEACHMENT
CHAIRMAN TWELVE (12) THOUSAND
PESOS
COMMISSIONERS TEN (10) THOUSAND
PESOS
exclusive charge of the enforcement and
administration of all laws relative to the
conduct of elections
exercise all other functions which may be
conferred upon it by law
decide, save those involving the right to
vote, all administrative questions
affecting elections, including:
the determination of the number and
location of polling places
the determination of the number and
location of polling places, and the
appointment of election inspectors and
of other election officials

NINE (9) MEMBERS


(CHAIRMAN AND EIGHT COMMISSIONERS)

THREE FOR SEVEN (7) YEARS


THREE FOR FIVE (5) YEARS
THREE FOR THREE (3) YEARS
ONLY BY IMPEACHMENT
CHAIRMAN SIXTY (60) THOUSAND
COMMISSIONERS FIFTY (50) THOUSAND

SEVEN (7) MEMBERS


(CHAIRMAN AND SIX COMMISSIONERS)

Enforce and administer all laws relative to


the conduct of elections.
Be the sole judge of all contests relating to
the elections, returns, and qualifications
of all Members of the National Assembly
and elective provincial and city officials.
provincial and city officials.
Decide, save those involving the right to
vote, administrative questions affecting
elections, including the determination of
the number and location of polling places,
the appointment of election officials and
inspectors, and the registration of voters.
Deputize, with the consent or at the
instance of the Prime Minister, law
enforcement
agencies
and
instrumentalities of the Government,
including the Armed Forces of the
Philippines, for the purpose of ensuring
free, orderly, and honest elections.
Register and accredit political parties
subject to the provisions of Section Eight
hereof.
Recommend to the National Assembly
effective measures to minimize election

THREE FOR SEVEN (7) YEARS


TWO FOR FIVE (5) YEARS
TWO FOR THREE (3) YEARS
ONLY BY IMPEACHMENT
THE SALARY OF THE CHAIRMAN AND THE
COMMISSIONERS SHALL BE FIXED BY LAW
AND SHALL NOT BE DECREASED DURING
THEIR TENURE.
Enforce and administer all laws and regulations
relative to the conduct of an election,
plebiscite, initiative, referendum, and recall.
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.
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.
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

expenses and prohibit all forms of election


elections.
frauds
and
malpractices,
political
opportunism,
guest
or
nuisance Register, after sufficient publication, political
parties, organizations, or coalitions which, in
candidacy, or other similar acts.
addition to other requirements, must present
Submit to the President, Prime Minister, and
their platform or program of government; and
the National Assembly a report on the
accredit citizens' arms of the Commission on
conduct and manner of each election.
Elections. Religious denominations and sects
Perform such other functions as may be
shall not be registered. Those which seek to
provided by law.
achieve their goals through violence or
unlawful means, or refuse to uphold and
The Commission may recommend to the
adhere to this Constitution, or which are
Prime Minister the removal of, or any
supported by any foreign government shall
other disciplinary action against, any
likewise be refused registration.
officer or employee it has deputized, for Financial
contributions
from
foreign
governments and their agencies to political
violation or disregard of, or disobedience
parties,
organizations,
coalitions,
or
to its decision, order, or directive.
candidates related to elections, constitute
Section 3. The Commission on Elections
interference in national affairs, and, when
may sit en banc or in three divisions. All
accepted, shall be an additional ground for
election cases may be heard and decided
the cancellation of their registration with the
by divisions, except contests involving
Commission, in addition to other penalties
Members of the National Assembly, which
that may be prescribed by law.
shall be heard and decided en banc. File, upon a verified complaint, or on its own
initiative, petitions in court for inclusion or
Unless otherwise provided by law, all
exclusion of voters; investigate and, where
election cases shall be decided within
appropriate, prosecute cases of violations of
ninety days from the date of their
election laws, including acts or omissions
submission for decision.
constituting election frauds, offenses, and
Section
4. The
Commission
may
malpractices.
recommend to the Prime Minister the Recommend
to
the
Congress
effective
removal of, or any other disciplinary
measures to minimize election spending,
action against, any officer or employee it
including
limitation
of
places
where
propaganda materials shall be posted, and to
has deputized, for violation or disregard
prevent and penalize all forms of election
of, or disobedience to its decision, order,
frauds, offenses, malpractices, and nuisance
or directive.
candidacies.
Section 5. The enjoyment or utilization of
Recommend to the President the removal of
all franchises or permits for the operation
any officer or employee it has deputized, or
of transportation and other public utilities,
the imposition of any other disciplinary
media of communication, all grants,
action, for violation or disregard of, or
special privileges, or concessions granted
disobedience to, its directive, order, or
decision.
by the government, or any subdivision,
agency
or
instrumentality
thereof, Submit to the President and the Congress, a
comprehensive report on the conduct of each
including any government-owned or
election, plebiscite, initiative, referendum, or

controlled corporation, may be supervised


recall.
or regulated by the Commission during
Section 3. The Commission on Elections may
the election period for the purpose of
sit en banc or in two divisions, and shall
ensuring free, orderly, and honest
promulgate its rules of procedure in order to
elections.
expedite disposition of election cases,
Section 6. Unless otherwise fixed by the
including pre- proclamation controversies. All
Commission in special cases, the election
such election cases shall be heard and
period shall commence ninety days before
decided in division, provided that motions for
reconsideration of decisions shall be decided
the day of election and shall end thirty
by the Commission en banc.
days thereafter.

Section
4. The Commission may, during the
Section
7. No
pardon,
parole,
or
election period, supervise or regulate the
suspension of sentence for violation of the
enjoyment or utilization of all franchises or
law or rules and regulations concerning
permits for the operation of transportation
elections
be
granted
without
the
and
other
public
utilities,
media
of
recommendation of the Commission.
communication or information, all grants,
Section 8. A political party shall be entitled
special privileges, or concessions granted by
the Government or any subdivision, agency,
to accreditation by the Commission if, in
or instrumentality thereof, including any
the immediately preceding election, such
government-owned or controlled corporation
party has obtained at least the third
or its subsidiary. Such supervision or
highest number of votes cast in the
regulation shall aim to ensure equal
constituency
to
which
it
seeks
opportunity, and equal rates therefor, for
accreditation. No religious sect shall be
public information campaigns and forums
registered as a political party and no
among candidates in connection with the
political party which seeks to achieve its
objective of holding free, orderly, honest,
peaceful, and credible elections.
goals through violence or subversion shall
Section 5. No pardon, amnesty, parole, or
be entitled to accreditation.
suspension of sentence for violation of
Section 9.
election laws, rules, and regulations shall be
Bona fide candidates for any public office
granted by the President without the
shall be free from any form of harassment
favorable
recommendation
of
the
and discrimination.
Commission.
No
party
or candidate
shall have Section 6. A free and open party system shall
membership in the registration board,
be allowed to evolve according to the free
choice of the people, subject to the provisions
board of election inspectors, board of
of this Article.
canvassers, or other similar bodies.
Section 7. No votes cast in favor of a political
Section 10. No elective public officer may
party, organization, or coalition shall be valid,
change his political party affiliation during
except for those registered under the partyhis term of office and no candidate for any
list system as provided in this Constitution.
elective public office may change his
Section 8. Political parties, or organizations or
political party affiliation within six months
coalitions registered under the party-list
immediately preceding or following an
system, shall not be represented in the
election.
voters' registration boards, boards of election

inspectors, boards of canvassers, or other


similar bodies. However, they shall be
entitled to appoint poll watchers in
accordance with law.
Section 9. Unless otherwise fixed by the
Commission in special cases, the election
period shall commence ninety days before
the day of election and shall end thirty days
thereafter.
Section 10. Bona fide candidates for any
public office shall be free from any form of
harassment and discrimination.
Section 11. Funds certified by the Commission
as necessary to defray the expenses for
holding regular and special elections,
plebiscites, initiatives, referenda, and recalls,
shall be provided in the regular or special
appropriations and, once approved, shall be
released automatically upon certification by
the Chairman of the Commission.

DECISIONS, ORDERS, RULINGS AND


RESOLUTIONS

SUBJECT TO REVIEW BY THE SUPREME


COURT

PROHIBITION TO HOLD OTHER OFFICE


AND PRACTICE OF PROFESSIONS

Member of the Constitutional Commission No Member of the Constitutional


shall not, during their continuance in
Commission shall, during his tenure in
office, engage in the practice of any
office, engage in the practice of any
profession, or intervene, directly or
profession or in the management of any
indirectly, in the management or control
business, or be financially interested
of any private enterprise which in any
directly or indirectly in any contract with,
way may be affected by the functions of
or in any franchise or privilege granted
their office
by, the government, or any subdivision,
nor shall they, directly or indirectly, be
agency, or instrumentality, thereof,
financially interested in any contract with
including government- owned or
the Government or any subdivision or
controlled corporations
instrumentality thereof

MAYBE BROUGHT TO THE SUPREME COURT


BY CERTIORARI WITHIN 30 DAYS FROM
RECEIPT OF A COPY THEREOF

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.
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 governmentowned or controlled corporations or their
subsidiaries.