Art 9-C.

The Commission on Elections

(COMELEC)
SEC
1.
Composition,
Appointment, Term

Qualification,

(1)
Composition: 1 chairman and 6
Commissioners
Qualifications:
1. Natural-born citizens of the
Philippines
2. at the time of their appointment,
atleast 35 y/o
3. holders of a College degree
4. must not have been candidates in
the immediately preceding elections (1
yr). reason: compromise independence
thru partisan; exception SK and Brgy.
Election w/ limited partisan
5. a majority thereof, including the
Chairman, shall be Members
of
the
Philippine Bar w/ practice of law for at
least 10 years.

election, plebiscite, initiative, referendum,

and recall.
Initiative the power of the people to
propose amendments to the Constitution or
to propose and enact legislation through an
election called for that purpose.
There are 3 systems of initiative: Initiative on
the Constitution, initiative on
statutes,
and initiative on local legislation [R.A. 6735,
Sec. 2(a)].
Referendum is the power of the
electorate to approve or reject legislation
through an election called for that purpose.
There are 2 classes: referendum on
statutes or referendum on local laws. [R.A.
6735, Sec. 2(c)].
Recall is the termination of official
relationship of a local elective official for loss
of confidence prior to the expiration of his
term through the will of the electorate.

Practice of law (see Cayetano v.

Monsod)
SC ruled "application of law" except
divine or natural law

Plebiscite is the submission of

constitutional amendments or important
legislative measures to the people for
ratification.

(2)
Appointment: Appointed by the
President with consent of CA
Term: 7 years w/o reappointment.
Vacancy: for the unexpired term of
the predecessor
No member: appointed temporary or
acting capacity

Exercise exclusive original jurisdiction

(over all contests relating to the elections,
returns, and qualifications)
1. all elective regional
2. provincial
3. city officials
4. appellate jurisdiction
5. elective municipal officials decided by trial
courts of general jurisdiction, or
6. involving elective barangay officials
decided by trial courts of limited jurisdiction.

Note: Of those first appointed, three

Members for seven years, two Members for
five years, and the last Members for three
years, without reappointment for. (intent of
staggering: to achieve continuity by not
allowing expiration all at one time; leaving
two veterans.) see. Funa v. Villar
SEC. 2. COMELEC powers and functions
(2) Election contest.
a. Enforce and administer all laws and
regulations relative to the conduct of an

(3) Powers not given.

Decide administrative questions pertaining
to election except
the right to vote.
(4)
Deputizing
law
enforcement
agencies.
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)
Registration
of
Parties
and
organizations.
Registration
of
political
parties,
organizations, or coalitions and accredit
citizen's arms of the Commission on
Elections.
Refused registration:
1. Religious denominations and sects
2. Those which seek to achieve their goals
through violence or unlawful means, or
refuse to uphold
and
adhere
to
this
Constitution, or;
2. which are supported by any foreign
government
3. Financial contributions from foreign
governments and their agencies when
accepted
4. in addition to other penalties that may be
prescribed by law.
(6) Prosecution of election offenses.
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)(8)(9) Recommendatory powers.
(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 employer 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.
SEC. 3. Commission Decisions.
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 pre-proclamation
controversies.

Cases which must be heard by division

(a) All election cases, including preproclamation contests originally cognizable
by the Commission in the exercise of its
powers under Sec. 2(2), Art IX-C.
(b) Jurisdiction over a petition to cancel a
certificate of candidacy.
(c) Even cases appealed from the RTC or
MTC have to be heard and decided in
division before they may be heard en banc.
If the COMELEC exercises its quasi-judicial
functions then the case must be heard
through a division.
If the COMELEC exercises its administrative
functions then it must act en banc.
[Bautista v. COMELEC, 414 (2003)].
SEC. 4. Regulation of public utilities,
media, franchises.
The COMELEC 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.
See
SEC. 5. Pardons, etc.
No
pardon,
amnesty,
parole,
or
suspension of sentence for violation of
election rules, and regulations shall be
granted by the President without a

favourable
Commission.

recommendation

of

the

From two-party, to muli-party, to one

party, to multiparty system.
SEC. 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.
SEC. 7.
No votes cast in favor of a political party,
organization, or coalition shall be valid,
except for those registered under the partylist system as provided in this Constitution.
SEC. 8.
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.
SEC. 9. Election Period.
Unless otherwise fixed by the Commission in
special cases, the election period shall
commence ninety days before the day of the
election and shall end thirty days after.
SEC. 10. Equal protection of candidates.
Bona fide candidates for any public office
shall be free from any form of harassment
and discrimination.
SEC. 11. 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.
Art. 9-D. Commission on Audit (COA)
SEC
1.
Purpose,
Organization,
Commission and Appointment

(1)
Composition:
Chairman
and
two
Commissioners
Qualifications:
1. Natural-born citizens of the
Philippines
2. at the time of their appointment, at
least Thirty-five
years of age
3. Certified Public Accountants with
not less than 10 yrs audit exp.
4. or members of the Philippines Bar
at least 10 yrs practice of law
4. must not have been candidates in
the immediately
preceding elections.
5. all members of the Commission
belong to the same profession.
Appointment: Appointed by the
President with consent of Commission
on
Appointment
Term:
7
years
without
reappointment.
Of those first appointed, the Chairman shall
hold
office
for
seven
years,
one
Commissioner for five years, and the other
Commissioner for three years, without
reappointment. Appointment to any vacancy
shall be only for the unexpired portion of the
term of the predecessor. In no case shall any
Member be appointed or designated in a
temporary or acting capacity. (Funa v. COA
Chair Villar G.R. No. 192791, Apr. 24, 2012)
SEC. 2. Powers and functions
(A) Examine, audit, and settle accounts
pertaining to
government funds or property: its revenue,
receipts,
expenditures, and uses
Post-audit basis:
(1) Constitutional bodies, commissions and
offices;
(2)
Autonomous
state
colleges
and
universities;
(3) GOCCs with no original charters and their
subsidiaries;
(4) Non-governmental entities receiving
subsidy or
equity, directly or indirectly, from or through
the
Government, which are required by law or
the

granting institution to submit such audit as a

condition of subsidy or equity.
(B) Exclusive Authority to
(1) Define the scope of its audit and
examination;
(2) Establish techniques and methods
required ;
(3) Promulgate accounting and auditing rules
and
regulations.

thru partisan; exception SK and Brgy.

Election w/ limited partisan
5. a majority thereof, including the
Chairman, shall be Members
of
the
Philippine Bar w/ practice of law for at
least 10 years.
Practice of law (see Cayetano v.
Monsod)
SC ruled "application of law" except
divine or natural law

Note: Art. IX-D, sec. 3.No law shall be passed

exempting
any entity of the Government or its
subsidiaries in any
guise whatever, or any investment of public
funds, from the
jurisdiction of the Commission on Audit.

(2)
Appointment: Appointed by the
President with consent of CA
Term: 7 years w/o reappointment.
Vacancy: for the unexpired term of
the predecessor
No member: appointed temporary or
acting capacity

SEC. 3.
No law shall be passed exempting any entity
of the Government or its subsidiary in any
guise whatever, or any investment of public
funds,
from
the
jurisdiction
of
the
Commission on Audit.

Note: Of those first appointed, three

Members for seven years, two Members for
five years, and the last Members for three
years, without reappointment for. (intent of
staggering: to achieve continuity by not
allowing expiration all at one time; leaving
two veterans.) see. Funa v. Villar

SEC. 4. (Financial Condition) Annual report

submission to the President and Congress
Discussion of Sir Sedillo: *highlighted
feature (why do I have a feeling this will
come out in the Midterms) wew
Art 9-C. The Commission on Elections
(COMELEC)
SEC
1.
Composition,
Appointment, Term

Qualification,

(1)
Composition: 1 chairman and 6
Commissioners
Qualifications:
1. Natural-born citizens of the
Philippines
2. at the time of their appointment,
atleast 35 y/o
3. holders of a College degree
4. must not have been candidates in
the immediately preceding elections (1
yr). reason: compromise independence

COMELEC POWERS:
1. Quasi-Executive
2. Quasi-Legislative
3. Quasi-Judicial
"awesome powers" "little state"
see Cipriano v. Comelec
Comelec- created by the constitution to
"enforce and administer all laws and
regulation" xxx
1. Quasi-Legislative:
a. Enforce administrative powers xx
b. To deputize law enforcement agency by
issuing resolution
c. To register political parties/organizations
(prior election period)
d. to prosecute election offenses w/
appropriate jurisdiction
e. to supervise or regulate the enjoyment of
utilization of all public utilities and mass

See. Roque v. Comelec

"poll
automation
law"
unconstitutional

deemed

COMELEC do not have "exclusive power"

only on "appropriate cases" concurrent with
other prosecuting arms of the government
contradicts "exclusive power" vested Sec.
265 of BP 881
Bagumbayan v. COMELEC
-fear of vote buying may not be doctrinal

a. Transfer a municipality from 1 district

(Congress job)
b. Canvass of election of Pres. and VP, vested
SC en banc (see Sixto Brillantes v. COMELEC)
c. Determine the right to vote
d. Inclusion and exclusion of voters
e. Decide on qualification of Congress after
proclamation (vested upon HRET and SET)
Sec. 5, Art. 9-C
Pardon of Election Offenders
- No pardon xxx by the President without
favorable recommendation of the COMELEC

Diocese of Bacolod v. COMELEC (see ruling)

1-UTAK v. COMELEC (see ruling)
SWS and Pulse Asia v. COMELEC (see ruling)
2. Quasi-Legislative Power
-power to promulgate laws xxx
ff:
a. COMELEC Rules of Procedure
b. Rules on Continuing Voters' Registration
c. Rules on Automated Election System
c. Rules on Suspension of Public Works, Gun
Ban, Limited Bank Withdrawal etc.
3. Quasi-Judicial Power
-jurisdiction over all contests except Pres.
and VP
see. Cipriano v. Comelec ruling
see. Alunano v. Mirasol
Under Sec. 2 (2), Art. IX-C, court ruled
decisions review only to questions of facts
and not of law
Sec. 3, Art. IX-C
COMELEC sit en banc- decide w/ finality
Division- first hearing before motion for
reconsideration upon the same division, then
COMELEC (last)

Sec. 6, Art. 9-C

A free and open system shall be allowed to
evolve according to the free choice of the
people xxx
Power- "ministerial only"
see. LP v. COMELEC
Do political parties include political org and
coalition?
Yes. xxx
see. LABAN v. COMELEC
invoke Sec. 6, Art. 9-C, a single dominant
party
Sec. 9, Art. 9-c
Election period. 90/30
Election period- prior, during and after; while
Campaign period- prior, no during or after
period
Campaign period. 90.45.15- for Candidates
Pres. VP and Senators
90 days
before election
Members of HoR
45 days before
election
Brgy. officials
15
days
before election

review for certiorari- 30 days reduce to 15

days (R.A. 7902)
matters of reducing is not a violation of the
Constitution because it is not "increasing"

see. Penera v. Comelec

What
is
premature
campaigning?
*sidecomment
(non-existent
bc
no
supporting statute)
COA, Sec. 1-4, Art. 9-D

Powers Withheld

see. Funa v. Villar

No, appointment less than 7 yrs is void

COA's powers"
1. authority to examine, audit, settle xxx
today: all post-audit only, no pre-audit
see
above
for
qualification,
term,
appointment
Note: COA have jurisdiction for GOCC's even
without original charter, such as subsidiary

see. De Llana v. COA

"may"
No. it does not violate bc it is not mandatory
to do pre-audit
see. Baldoz v. COA
see. Funa v. MECO
"sui generis"
see. Paraiso-Aban v. COA

see BSP case