Commission on Elections

Composition of COMELEC
There shall be a Commission on Elections composed of a Chairman and six
Commissioners. (Article IX-C, Section 1(1))
Qualifications of Members of COMELEC
1. Natural-born citizens of the Philippines;
2. At the time of their appointment, at least thirty-five years of age;
3. Holders of a college degree;
4. Must not have been candidates for any elective positions in the immediately
preceding elections.
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. (Article IX-C, Section
1(1))
Appointment of COMELEC Members
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, three Members shall hold office for seven years, two Members
for five years, and the last Members 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. (Article IX-C, Section 1(2))

Independence of COMELEC
For violating the constitutional mandate of independence of the COMELEC, Sections
17.19 and 25 of RA 9189 (Overseas Absentee Voting Act of 2003) insofar as they relate
to the creation of Joint Congressional Oversight Committee and grant to it the power to
review, revise, amend and approve the Implementing Rules and Regulations
promulgated by the COMELEC, were declared unconstitutional. (Makalintal v.
COMELEC, 2003)
Nature of powers of the COMELEC
Like the CSC, the COMELEC is an administrative agency. As such, therefore, the power
it possesses are executive, quasi-judicial and quasi legislative.
By exception, however, it has been given judicial power as judge with exclusive
original jurisdiction over all contest relating to the election, returns, and qualifications of
all elective regional, provincial, and city officials, and appellate jurisdiction over all
contest involving elective municipal officials decided by trial courts of general jurisdiction
or involving elective barangay officials decided by trial courts of limited jurisdiction.
Constitutional Powers of COMELEC (under Article IX-C)
1. Enforcement of election laws. (Section 2 (1), (4),(6) and (8)).
2. Deciding election contests. (Section 2(2)).
3. Deciding Administrative Questions. (Section 2(3)).
4. Deputization of Law-enforcement agencies. (Section 2(4)).
5. Registration of Political Parties. (Section 2(5))
6. Improvement of elections. (Section 2(7), (8) and (9)).
7. Power to Promulgate Rules (Section 3)
8. Supervision or regulation of franchises (Section 4)

9. Power to recommend executive clemency for violation of election laws and

rules. (Section 5)
10. In special cases, power to fix the election period. (Section 9)
Statutory Powers
1. The COMELEC shall have exclusive charge of the enforcement and administration of
all laws relative to the conduct of elections. (BP 881, Section 52)
2. Exercise direct and immediate supervision and control over national and local officials
or employees. (BP 881, Section 52(a)).
3. The power to authorize any members of AFP, PNP, NBI to act as deputies during the
period of campaign and ending 30 days thereafter when in any are of the country there
are persons committing acts of terrorism. (BP 881, Section 52(b)).
4. Promulgate rules and regulations implementing provisions of laws which then
Commission is required to enforce. (BP 881 Section 52(c)).
5. Power to summon parties to a controversy pending before it. (BP 881, Section 52(d))
6. Power to punish contempt. (BP 881, Section 52(d))
7. Power to enforce and execute its decisions, directives, orders and instructions. (BP
881, Section 52(f))
8. Power to prescribe forms to be used in the election, plebiscite or referendum.
9. Power to procure any supplies, equipment, materials or services needed for holding
of elections. (BP 881, Section 52(h))
10. Power to prescribe use or adoption of the latest technological devices. (BP
881, Section 52(i))
11. Power to prescribe latest technological and electronic devices upon notice to
accredited political parties and candidates not less than 30 days before. The
COMELEC is authorized to use an AUTOMATED ELECTION SYSTEM for the
process of voting, counting votes, and canvassing of the results. (RA 8436,
Section 6)
12. Power to carry out continuing systematic campaign. (BP 881, Section 52(j))
13. Power to enlist non-partisan group or organizations of citizens (BP 881, Section
52(k))

14. Power to issue search warrants during election periods. (BP 881, Section 57(1))
15. Power to stop any election activity, or confiscate tear down, and stop any unlawful,
libelous, misleading or false election propaganda, after due notice and hearing. (BP
881, Section 57(2))
16. Power to inquire into the financial records of candidates and any organization or
group of persons after due notice and hearing. (BP 881, Section 57(3))
17. Power to declare failure of election and call for special elections (RA 7166,
Section 4)
18. Divide a province with only one legislative district into two districts for
purposes of the election of the members of the Sangguniang Kabataan. (RA 7166,
Section 3(b))
Examples of Matters Not Within the Powers/Jurisdiction of COMELEC
1. COMELEC has no power to decide questions involving the right to vote. (Section
2(3) Section 2(6) places cases involving inclusion or exclusion of voters under the
jurisdiction of courts.
2. The general rule is that the proclamation of a congressional candidate divests
COMELEC of jurisdiction in favor of the proper Electoral Tribunal unless the
proclamation was invalid.
3. In the case of municipal offices; even if the case began with the COMELEC before
proclamation before the controversy is resolved, it ceases to be a pre-proclamation
controversy and becomes a contest cognizable by the Court of First Instance.
4. The COMELEC has no power to make a reapportionment of legislative districts.
(Montejo v. COMELEC)
5. The COMELEC cannot prohibit radio and TV commentators and newspaper
columnists from commenting on the issues involved in the forthcoming plebiscite for the
ratification of the organic law establishing the CAR. (PPI v. COMELEC)
6. The COMELEC cannot deprive the RTC of its competence to order execution of
judgment pending appeal, because the mere filing of appeal does not divest the trial

court of its jurisdiction over a case and the authority to resolve pending incidents.
(Edding v. COMELEC, 246 SCRA 502)

Powers of Chairman
Facts: Respondent as Chairman of the COMELEC removed petitioner as Director of
the Education and Information Department and reassigned her to the Law Department.
Petitioner argued that only the COMELEC acting as a collegial body can authorize her
reassignment.
Held: Under Section 7(4), chapter 2, Subtitle C, Book V of the Revised Administrative
Code, the Chairman COMELEC is vested with power to make temporary
assignments, rotate and transfer personnel in accordance with the provision of
the Civil Service Law. In the exercise of this power, the Chairman is not required by
law to secure the approval of the COMELEC en banc. (Matibag v. Benipayo)
En Banc/ Two Divisions
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 preproclamation 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. (Article IX-C, Section 3)
Section 3 prescribes two important rules:
1. Motions for reconsideration are decided en banc.

But a decision en banc is required only when the subject for reconsideration is a
decision, that is, a resolution of substantive issues. Thus, reconsideration of a
dismissal based on lack of interest may be heard in division. (Salazar v.
COMELEC, 1990)
However, while a motion to reconsider an interlocutory order of a division should
be resolved by the division which issued the interlocutory order, it may be referred to the
Comelec en banc if all the members of the division agree. (Soriano et al v Comelec, GR
164496-505, April 2, 2007). If a case which should go to the Comelec en banc is
erroneously filed with a division, it may automatically be elevated to the Comelec en
banc. This is not provided for in the Comelec Rules of Procedure, but such action is not
prohibited. (Mutilan v Comelec, G.R. 1712468, April 2, 2007.)
2. Election cases are decided in division.
The rule that all election cases, including pre-proclamation cases, should first be
heard and decided by the COMELEC in division applies only when the COMELEC
exercises its adjudicatory or quasi-judicial functions, not when it exercises purely
administrative functions. (Municipal Board of Canvassers v. COMELEC, 2003)
The conduct of a preliminary investigation before the filing of an information in
court does not involve the exercise of adjudicatory function. (Balindong v. COMELEC,
2003)
Election cases must first be decided in division. Hence the Comelec en banc may
not decide an election case still pending before a division. (Muoz v Comelec, G.R.
170678, July 17, 2006.)
Cases which must first be heard and decided in division:
1. All election cases, including pre-proclamation contests, originally cognizable by the
Commission in the exercise of its powers under Section 2(2) of Article IX-C.
2. Petition to cancel a certificate of candidacy rests with the COMELEC in division, not
the COMELEC en banc. (Bautista v. COMELEC, 2003)
3. Cases appealed from the RTC or MTC. (Abad v. COMELEC, 1999)

4. Petition for certiorari from a decision of the RTC (or MTC).(Soller v. COMELEC, 2000)
Cases by En Banc
1. Motions for reconsideration of decisions. (Section 3, Article IX-C)
2. Cases that involve the exercise of purely administrative functions.

Party System
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.
Section 8: Partiesregistered under the party list systemshall be entitled to appoint
poll watchers in accordance with law.
Representation
Political parties, or organizations or coalitions registered under the party-list system,
shall not be represented in the 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. (Article IX-C, Section 8)
Elections
1. Election Period

Unless otherwise fixed by the Commission in special cases, the election period
shall commence ninety days before the day of election and shall end thirty days
thereafter. (Article IX-C, Section 9)
The election period is distinguished from the campaign period in that the latter
cannot extend beyond the Election Day.
2. Equal Protection of Candidates
Bona fide candidates for any public office shall be free from any form of
harassment and discrimination. (Article IX-C, Section 10)
3. Funds/ Fiscal Autonomy
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. (Article
IX-C, Section 11)
Review of Decisions
Article IX-A, Section 7. xxx 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.
Supreme Court. Only decisions of the COMELEC en banc may be brought to the SC
on certiorari (as a special civil action under Rule 65).
Trial Courts. Determinations made by the COMELEC which are merely administrative
(not judicial) in character, may be challenged in an ordinary civil action before trial
courts. (Filipinas Engineering & Machine Shop v. Ferrer)