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COMELEC

To be a more effective instrument in maintaining the secrecy and sanctity of the ballot as the
concrete expression of the will of the sovereign people.
COMPOSITION AND QUALIFICATIONS:
1.
2.
3.
4.

Natural born citizens of the Philippines


At least 35 years at the time of their appointment
Holders of a college degree
Must not have been candidates for any elective position in the immediately preceding
elections
5. Majority thereof, INCLUDING the Chairman, shall be members of the Philippine Bar who
have been engaged in the practice of law for AT LEAST 10yrs
3 members- 7yrs
2 members- 5yrs
1 member- 3yrs
*WITHOUT reappointment
*No member shall be appointed or designated in temporary or acting capacity.
POWERS AND FUNCTIONS:
1. Enforcement of Election Laws
Enforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum and recall.
-require compliance with the rules for the filing of certificates of candidacy, prevent or
prosecute election offenses, supervise the registration of voters and the holding of the
polls, and see to it that the canvass of the votes and the proclamation of the winners are
done in accordance with law.
INCLUDES:
a. power to annul an illegal registry of voters
b. cancel a proclamation made by the board of canvassers on the basis of an irregular
or incomplete canvass
c. to oust the candidate proclaimed notwithstanding that he has already assumed
office
*To give more teeth to its authority to enforce and administer election laws the
Constitution REQUIRED that no pardon, amnesty, parole or suspension of sentence for
the violation of election laws, rules and regulations shall be granted by the President
without the favorable recommendation of the Commission.
2. Decision of election contests
-Exercise EXCLUSIVE, ORIGINAL jurisdiction over all contests relating to the
a)
b)
c)
d)

elections
returns
qualifications of all elective regional, provincial and city officials, and over
appellate jurisdiction over all contests involving elective municipal officials decided by
trial courts of general jurisdiction, or
e) involving elective barangay officials decided by trial courts of limited jurisdiction

-The Commission meets in two divisions, each consisting of three (3) members. Their
decisions may be elevated in motion for reconsideration to, and may be reviewed by, the
Commission sitting EN BANC.
3. Decision of Administrative Questions
-Decide on all questions affecting
a)
b)
c)
d)

Elections
Determination of the number and location of polling places
Appointment of election officials and inspectors
Registration of voters

EXCEPT: those involving the RIGHT TO VOTE!


4. Deputization of Law Enforcement Agencies
-Deputize law enforcement agencies and instrumentalities of govt(Armed Forces of the
Phil.) to ensure:
a)
b)
c)
d)
e)

Free
Orderly
Honest
Peaceful, and
Credible elections

NOTE! This power may be exercised ONLY with the consent of the President.
5. Registration of Political Parties
6. Improvement of Elections
-RECOMMEND to the Congress effective measures to:
a) Minimize election spending
b) Limitation of places where propaganda materials shall be posted
c) Prevent and penalize all forms of election frauds, offenses, malpractices, and
nuisance candidacies
-SUBMIT to the President and the Congress a COMPREHENSIVE report on the conduct
of each:
a)
b)
c)
d)

Election
Plebiscite
Initiative referendum, or
Recall