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COMELEC reporting

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9zzjy48p7c
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© © All Rights Reserved
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20 2 4

THE COMMISSION ON
ELECTIONS

AGENDA
1. Composition; Qualifications; Term
2. Powers and Functions
1

3. Recommendatory Powers
4. Other Provisions embodied in the 1987
Constitution
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SEC. 1 (1), ARTICLE IX-C


There shall be a Commission on Elections composed
of a Chairman and six Commissioners who shall be
natural-born citizens of the Philippines and, at the
time of their appointment, at least thirty-five years of
age, holders of a college degree, and must not have
been candidates for any elective position in the
immediately preceding elections. However, 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.

SEC. 1 (2), ARTICLE IX-C


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, the Chairman shall
hold office for seven years, one Commissioner for five years, 2

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.
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CAYETANO VS. MONSOD,


201 SCRA 210 (1991)
Atty. Monsod’s past work experience as a lawyer-economist, a
lawyer-manager, a lawyer-entrepreneur of industry, a lawyer-
negotiator of contracts, and a lawyer-legislator of both the
rich and the poor, was held to more than satisfy the
constitutional requirement that he has been engaged in the
practice of law for more than 10 years. In deciding this case,
the Supreme Court considered the liberal interpretation
intended by the framers of the Constitution.

BRILLANTES VS. YORAC,


192 SCRA 358 (1990)
Supreme Court declared as unconstitutional the
appointment by President Cory Aquino of COMELEC
Commissioner Haydee Yorac as Acting Chairman of the
Commission. 3
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MATIBAG VS. BENIPAYO,


380 SCRA 49
If, however, the appointment was ad interim, a subsequent
renewal of the appointment does not violate renewal of the
appointment does not violate the prohibition on
reappointment because no previous appointment was
confirmed by the Commission on Appointments.
Furthermore, the total term of both appointments must not
exceed the 7-year limit.

SECTION 2.
4

The Commission on Elections shall exercise the following powers and


functions:
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(1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite,
initiative, referendum, and recall. – Nature of the powers of the Commission.

(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. – Election contests.

(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. – Powers not given.

(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. – Deputizing law enforcement agencies.

(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. 5
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. – Registration of parties and organizations.

(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. – Prosecution of election offenses.
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(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.

– Recommendatory powers.

12

SEC. 3, ARTICLE IX-C


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 pre-proclamation 6

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.
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13

SEC. 4, ARTICLE IX-C


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. 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.

14

SEC. 5, ARTICLE IX-C


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 7

Commission.
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15

SEC. 6, ARTICLE IX-C


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.

16

LIBERAL PARTY VS. COMELEC,


G.R. NO. 191771, MAY 6, 2010
To join electoral contests, a party or organization must
undergo the two-step process of registration and
accreditation.
8
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17

SEC. 7, ARTICLE IX-C


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.

18

SEC. 8, ARTICLE IX-C


Political parties, or organizations or coalitions
registered under the party-list system, shall not
be represented in the voter’s registration boards,
boards of election inspectors, boards of 9

canvassers, or other similar bodies. However,


they shall be entitled to appoint poll watchers in
accordance with the law.
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19

SEC. 9, ARTICLE IX-C


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.

20

SEC. 10, ARTICLE IX-C


Bona fidecandidates for any public office
shall be free from any form of harassment
and discrimination.

10
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21

SEC. 11, ARTICLE IX-C


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.

THANK YOU 11

Valderrama, Marilyn
Guzman, Sienna
Uy, Alec Justin

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