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; and |
| 4) 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 involving elective municipal and barangay offices shall be final, executory, and not appealable. |
| 3) 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. |
| 4) 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) Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government; and accredit citizens’ arms of the Commission on Elections. Religious denominations and sects shall not be registered. Those which seek to achieve their goals through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or which are supported by any foreign government shall likewise be refused registration. |
| Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to elections constitute interference in national affairs, and, when accepted, shall be an additional ground for the cancellation of their registration with the Commission, in addition to other penalties that may be prescribed by law. |
| 6) 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) 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 candidacies. |
| 8) Recommend to the President the removal of any officer or employee 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 on the conduct of each election, plebiscite, initiative, referendum, or recall. (Section 2, Part C, Article IX, Ibid.) |
En Banc or 2 Divisions. The Commission on Elections may sit en banc or in two divisions. (Section 3, Part C, Article IX, Ibid.)
Division. All such election cases shall be heard and decided in division. (Section 3, Part C, Article IX, Ibid.)
En banc. Motions for reconsideration of decisions shall be decided by the Commission en banc. (Section 3, Part C, Article IX, Ibid.)
3. Quasi-judicial functions
Quasi-judicial function. A “quasi-judicial function” is a term which applies to the action, discretion, etc., of public administrative officers or bodies, who are required to investigate facts, or ascertain the existence of facts, hold hearings, and draw conclusions from them, as a basis for their official action and to exercise discretion of a judicial nature. (Villarosa v. COMELEC, En Banc, G.R. No. 133927, 29 November 1999)
Summary procedure. Under Section 3, Rule 23 of the 1993 COMELEC Rules of Procedure, a petition for the denial or cancellation of a certificate of candidacy must be heard summarily after due notice. It is thus clear that cancellation proceedings involve the exercise of the quasi-judicial functions of the COMELEC which the COMELEC in division should first decide. (Bautista v. COMELEC, En Banc, G.R. No. 154796-97, 23 October 2003)
4. Administrative functions
Motion for reconsideration – only for quasi-judicial functions. The constitutional provision requiring a motion for reconsideration before the COMELEC En Banc may take action is confined only to cases where the COMELEC exercises its quasi-judicial power. It finds no application, however, in matters concerning the COMELEC’s exercise of administrative functions. (Jalosjos v. COMELEC, En Banc, G.R. No. 205033, 18 June 2013)
Administrative function. The term “administrative” connotes, or pertains, to “administration, especially management, as by managing or conducting, directing or superintending, the execution, application, or conduct of persons or things. It does not entail an opportunity to be heard, the production and weighing of evidence, and a decision or resolution thereon.” (Villarosa v. COMELEC, supra.)
Denial and/or cancellation. The COMELEC’s denial of due course to and/or cancellation of a CoC in view of a candidate’s disqualification to run for elective office based on a final conviction is subsumed under its mandate to enforce and administer all laws relating to the conduct of elections. Accordingly, in such a situation, it is the COMELEC’s duty to cancel motu proprio the candidate’s CoC, notwithstanding the absence of any petition initiating a quasi-judicial proceeding for the resolution of the same. (Jalosjos v. COMELEC, supra.)
5. Internal rules
Promulgate internal rules. It and shall promulgate its rules of procedure in order to expedite disposition of election cases, including pre-proclamation controversies. (Ibid.)
6. Special power to supervise or regulate during election
Supervise or regulate of all franchises or permits., etc. The Commission 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. (Section 4, Part C, Article IX, Ibid.)
Same; For equal opportunity, time, and space, and right to reply. Such supervision or regulation shall aim to ensure equal opportunity, time, and space, and the right to reply, including reasonable, equal rates therefor, for public information campaigns and forums among candidates in connection with the objective of holding free, orderly, honest, peaceful, and credible elections. (Section 4, Part C, Article IX, Ibid.)
Same; Does not extend to ownership per se. Section 4, Article IX-C of the Constitution only grants COMELEC supervisory and regulatory powers over the enjoyment or utilization “of all franchises or permits for the operation,” inter alia, of transportation and other public utilities. The COMELEC’s constitutionally delegated powers of supervision and regulation do not extend to the ownership per se of PUVs and transport terminals, but only to the franchise or permit to operate the same. (1-United Transport Koalisyon [1-UTAK] v. COMELEC, En Banc, G.R. No. 206020, 14 April 2015)
7. Favorable recommendation for election-related offenses
Amnesty, parole, suspension of sentence for election-related offenses. No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and regulations shall be granted by the President without the favorable recommendation of the Commission. (Section 5, Part C, Article IX, Ibid.)
8. Free and open party system
According to free choice of the people. A free and open party system shall be allowed to evolve according to the free choice of the people, subject to the provisions of Article IX of the Constitution – Constitutional Commissions. (Section 6, Part C, Article IX, Ibid.)
| General Rule: No votes cast in favor of a political party, organization, or coalition shall be valid. (Section 7, Part C, Article IX, Ibid.) |
| Exception: … except for those registered under the party-list system as provided in this Constitution. (Section 7, Part C, Article IX, Ibid.) |
Party-list system. 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. (Section 8, Part C, Article IX, Ibid.)
Samel; Poll watchers. However, they shall be entitled to appoint poll watchers in accordance with law. (Section 8, Part C, Article IX, Ibid.)
9. Election fraud
90-day and 30-day rules. Unless otherwise fixed by the Commission in special cases, the election period shall commence ninety (90) days before the day of the election and shall end thirty days (30) after. (Section 9, Part C, Article IX, Ibid.)
Non-harassment, non-discrimination. Bona fide candidates for any public office shall be free from any form of harassment and discrimination. (Section 10, Part C, Article IX, Ibid.)
Election funds. 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. (Section 11, Part C, Article IX, Ibid.)
