COMELEC, Constitutional Law

1. Composition and qualifications

Composition. There shall be a Commission on Elections composed of a Chairman and six (6) Commissioners. (Section 1[1], Part C, Article IX, Ibid.)

Same; Majority – Members of Philippine Bar. 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 (10) years. (Ibid.)

Qualifications of COMELEC Chairperson and Commissioners:1) Natural-born citizens of the Philippines;2) At least thirty-five (35) years of age, at the time of their appointment;) Holders of a college degree; and4) Must not have been candidates for any elective position in the immediately preceding elections. (Section 1[1], Part C, Article IX, Ibid.)

2. Powers and functions

COMELEC powers and functions: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 inv...

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