GROUP 2 COMELEC

2016
Cuizon, Jane
Cuizon, Rachelle
Dela Cerna, Jacinth
Lianza, Calvin Klein
Pacinos, Marlon
Roiles, Jay Kent

September

27,

Constitutional Law I
Atty. Judiel M. Pareja
M3

Chapter 15
COMELEC
(Commission on Election)
INTRODUCTION
The membership of the COMELEC was increased from three under the Commonwealth charter
to nine by the 1973 Constitution.
It is now reduced to seven by the present fundamental law and its powers have also been
modified.
But the purpose of the body remains the same- to be a more effective instrument in
maintaining the secrecy and sanctity of the will of the sovereign people.
The duty of supervising elections was originally entrusted to the Secretary of the Interior, but
this arrangement was deemed unsatisfactory because of his partisan identification.
A statutory Commission on Elections was thus created to take over this responsibility . But
inasmuch as the office was subject to modification and even abolition and therefore to the
pressures of the legislatures, let alone the executive, it was converted into a constitutional
body in 1940.
The independence of the present Commission on Elections is maintained and even
strengthened under the new Constitution.
COMPOSITION & QUALIFICATIONS
There shall be a Commission on Elections composed of a Chairman and six Commissioners
who shall be:
Natural-born citizens of the Philippines;
At least 35 years of age, at the time of appointment;
Holders of a college degree;
Must not have been candidates for any elective position in the immediately
preceding elections and
The majority thereof, including the Chairman, shall be members of the Philippine
Bar who have been engaged in the practice of law for at least 10 years. (Section 1
(1)).
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, 3 members shall hold office for seven years, 2 Members for five
years and the last Members for three years, without reappointment.
Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no
case shall any Member be appointed or designated in a temporary or acting capacity. (Section
1 (2)).
POWERS AND FUNCTIONS - The COMELEC shall have the following powers under the Article
IX-C, Section 2:
1. ENFORCEMENT ON ELECTION LAWS
(1) Enforce and administer all laws and regulations relative to conduct of an
election, plebiscite, initiative, referendum, and recall. - Par. 1, Section 2 of
ARTICLE IX-C
The Commission on Elections can require compliance with the rules for the filing of
certificates of candidacy
Prevent or prosecute election
Supervise the registration of voters and the holding of the polls
See to it that the canvass of the votes and the proclamation of the winners are done
in accordance with the law.
Such authority includes the power to annul an illegal registry of voters, to cancel a
proclamation made by the board of canvassers on the basis of an irregular or
incomplete canvass, and even to oust the candidate proclaimed notwithstanding
that he has already assumed office.
The COMELEC may reject nuisance candidates, refuse to give due course to or
cancel certificates of candidacy, or even disqualify candidates.

BASIC DISTINCTIONS between petitions for the disqualification of candidates and

petitions to reject or cancel certificates of candidacy.
SEC. 68 of the Omnibus Election Code, a candidate may be disqualified if he commits any
of the election offenses or prohibited acts specified therein, or if he is a permanent
resident of or an immigrant to a foreign country.
SEC. 78 of the Omnibus Election Code, a certificate of candidacy may be denied due
course or cancelled if found to be containing material representations which are false and
deliberately made. This would include misrepresentations as to : age, residence,
citizenship or non-possession of natural-born status, registration as a voter, and eligibility.
When a person who is disqualified under Section 68 is merely prohibited to continue as a
candidate, the person whose certificate is cancelled or denied due course under Section
78 is not treated as a candidate at all.
Thus, a candidate disqualified under Section 68 may be validly substituted but only by an
official candidate of his registered or accredited party. But a candidate whose certificate
of candidacy is cancelled or denied due course may likewise not be substituted.
COMELEC may order the correction of manifest errors in the tabulation or tallying of results
during the canvassing and petitions for this purpose may be filed directly with the
Commission even after a proclamation of the winning candidates.
COMELEC may also take cognizance of pre-proclamation controversies of pre-proclamation
controversies, which is under Section 241 of the Omnibus Election Code.
COMELEC may, of course proclaim winning candidates, guided by the following
pronouncement of the Supreme Court.
It is made clear that its earlier rulings holding the second-placer cannot be proclaimed
winner if the first-placer is disqualified or declared ineligible should be limited to situations
where the certificate of candidacy of the first-placer was valid at the time of the filing but
subsequently had to be cancelled because of a violation of a law that took place, or a legal
impediment that took effect, after the filing of the certificate of candidacy is void ab initio,
then legally the person who filed such void certificate of candidacy was never a candidate
in the elections at ant time.
COMELEC is now allowed to postpone or continue elections, subject to certain conditions.
Sec. 6 of the Omnibus Election Code: the election has not been held; the election
has been suspended before the hour fixed by law; and the preparation and the
transmission have given rise to the consequent failure elect , meaning nobody
emerged as the winner. Furthermore, the reason for such failure must be force
majeure, violence, terrorism, fraud or other analogous cases. Finally, before the
COMELEC can grant a verified petition seeking to declare a failure of election, 2
conditions must be establish, namely; (1) no voting has taken place in the precincts
concerned on the date fixed by law, or even if there was voting, the election was
nevertheless resulted in a failure to elect; and (2) the votes cast would affect the
result of the election.
The rules the COMELEC promulgate must not contravene to Constitution or laws. Such
that, it has been held that it cannot, in the guise of enforcing and administering election
laws, validly impose qualifications on candidates for senator in addition to what the
constitution prescribes.
Subsequently, to give more teeth to its authority to enforce and administer election
laws, the present Constitution reiterates the requirement that no pardon, amnesty, parole
or suspension of sentence shall be granted by the President without the favorable
recommendation of the Commission.
The Commission on Elections does not derive its exclusive power to investigate and
prosecute cases of violations of election laws from the Constitution but from the Omnibus
Election Code.

2. DECISION OF ELECTION CONTESTS

(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 elections contests
involving elective municipal and barangay offices shall be final, executory, and
not appealable. - Par. 2, Section 2 of ARTICLE IX-C
The Commission on Elections may sit en banc or in two
shall promulgate its rules of procedure in order to expedite
election cases, including pre-proclamation controversies. All such
shall be heard and decided in division, provided that

divisions, and
disposition of
election cases
motions for

reconsideration of decisions shall be decided by the Commission en banc.

Section 3, Article IX-C

The express grant of power upon the Commission to resolve election protests
carries with it the grant of all other powers necessary, proper, or incidental to the
effective and efficient exercise of the power expressly granted, which includes
authority to order a technical examination of relevant election paraphernalia,
election returns and ballots in order to determine whether fraud and irregularities
attended the canvass of the votes.

(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. Par. 3, Section 2, Article IX-C

The Commission meets in two divisions, each consisting of three (3) members. Their
decisions may be elevated in a motion for reconsideration to, and may be reviewed
by, the Commission sitting en banc.
The Commission is not a judicial tribunal but only an administrative body. Even so,
its decisions, orders and rulings may be challenged in a petition for certiorari with
the Supreme Court.

3. DECISION OF ADMINISTRATIVE QUESTIONS

The responsibility of the COMELEC is to determine the myriad of administrative
details relating to the conduct of the elections.
It ascertains the:
- Establishment of precincts
- Designation of polling places
- Purchase of election paraphernalia
- Appointment of election officials
- Registration of voters
- Conduct of elections in general.
4. DEPUTIZATION OF LAW-ENFORCEMENT AGENCIES
(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. - Par. 4, Section 2 of ARTICLE IX-C

This power may be exercised only with the consent of the President, or negatively
stated, may not be exercised without his permission.

(8) The Commission may merely 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 decision,
order, or directive. - Par. 8, Section 2 of ARTICLE IX-C

The Commission cannot exercise direct disciplinary authority over them.

Although expressly declared to be independent by the Constitution, COMELEC is
subordinated to the President.

5. REGISTRATION OF POLITICAL PARTIES

(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. - Par. 5, Section 2
of ARTICLE IX-C

This rule will enable the Commission to determine if the party seeking registration
is not entitled thereto because it is religious group, or is subversive in nature or
purpose, or does not recognize the Constitution, or is being supported by a foreign
government.
Financial contributions from such governments will also be a ground for the
cancellation of the registration of a party, in addition to such penal sanctions as
may be prescribed by law.
The power of the Commission on Elections to register political parties and ascertain
the eligibility of groups to participate in the elections is purely ADMINISTRATIVE in
character.

Under Article IX-C, Section 2 (5) of the 1987 Constitution , parties, organizations
and coalitions that seek to achieve their goals through violence or unlawful means shall
be denied registration. This disqualification is reiterated in Section 61 of B.P 881, which
provides that no political party which seeks to achieve its goal through violence shall be
entitled to accreditation.

To join electoral contests, a party or organization must undergo the two-step process:
Registration and Accreditation

Political coalitions need to register in accordance with the established norms and
procedures, if they are to be recognized as such and be given the benefits accorded by
law to registered coalitions. Registered political parties carry a different legal
personality from that of the coalition they may wish to establish with other similarly
registered parties. If they want to coalesce with one another without the formal
registration of their coalition, they can do so in their own in the exercise of their and
their members democratic freedom of choice but they cannot receive
official
recognition for their coalition. Or they can choose to secure the registration of their
coalition in order to be accorded the privileges accruing to registered coalitions,
including the the right to be accredited as a dominant majority or minority party.

In distinguishing between a political party and a sectoral party, the Supreme Court,
citing the provisions of RA 7941, has explained that a political party refers to an
organized group of citizens advocating an ideology or platform, principles and policies
for the general conduct of government while a sectoral party refers to and organized
group of citizens belonging to any of the sectors enumerated in Section 5 whose
principal advocacy pertains to the special interest and concerns of their sector.

Under Section 5 of Republic Act No. 7941, which governs party-list organization, any
organized group of persons may register as a party, organization or coalition for
purposes of the party-list system by filing with the COMELEC not later than 90 days
before the election a petition verifies by its president or secretary stating its desire to
participate in the party-list system as a national, regional or sectoral party or
organization or a coalition of such parties or organizations, attaching thereto its
constitution, by-laws platform or program of government, list of officers, coalition
agreement and other relevant information as the COMELEC may require: provided, that
the sectors shall include labor, peasant, fisherfolk, urban poor, indigenous cultural
communities, elderly handicapped, women, youth, veterans, overseas workers and
professionals.

Under Section 6 thereof, the Commission may motu proprio or upon verified complaint
of any interested party, refuse or cancel, after due notice and hearing, the registration
of any national, regional or sectoral party, organization or coalition if:
it is a religious sect or denomination, organization or association organized for
religious purposes;
it advocates violence or unlawful means to seek its goal;
it is a foreign party or organization;
it is receiving support from any foreign government, foreign political party,
foundation, organization whether directly or through any of its officers or
members or indirectly through third parties for partisan election purposes;
it violates or fails to comply with laws, rules or regulations relating to elections;
it declares untruthful statements in its petition;
it has ceased to exist for at least one year; or
it fails to participate in the last two preceding elections.

The Court ruled that the Commission may cancel a certificate of registration issued in
favor of a political party, despite the finality of said registration, as its resolution
granting said registration cannot create in favor of the party a perpetual and
indefeasible right to its accreditation as a party-list organization. An opposition to a
petition for registration is not a condition precedent to the filing of a complaint for
cancellation. For the COMELEC to validly exercise its statutory power to cancel the
registration of a party-list group, the law imposes only two (2) conditions ; 1) due notice
and hearing is afforded to the party-list group concerned and 2) any of the enumerated
grounds for disqualification in Section 6 exists.

The Commissions power to register political party includes:

the ascertainment of the identity of the political party and its legitimate officers
responsible for its acts
the determination of the persons who must act on its behalf
resolve an intra-party leadership dispute, in a proper case brought before it, as an
incident of its power to register political parties.

Its jurisdiction extends to cases pertaining party leadership and the nomination of
party-list representative representatives.
Its authority to resolve intra-party disputes has been considered as a necessary
tributary of its constituionally mandated power to enforce election laws and register
political parties.

6. IMPROVEMENT OF ELECTIONS
(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. - Par. 7, Section 2 of ARTICLE IX-C
(9) Submit to the President and the Congress, a comprehensive report
on the conduct of each election, plebiscite, initiative, referendum, or recall. Par. 9, Section 2 of ARTICLE IX-C

The subjects of the measures to be recommended by the COMELEC are the basic
problems that have impeded attainment of Sections 7 and 9 thereof. In order to
reverse this situation, the Omnibus Election Code...
... has expanded the list of prohibited election practices;
... changed the limitations on the expenses to be incurred by political parties
or candidates;
... allows the COMELEC to refuse to give due course to certificates of nuisance
candidates and
... assures equal treatment for all candidates, priviliged or not, consistently
with the constitutional rule that bona fide candidates for any public office
shall be free from any form of harassment and discrimination.
Moreover, Section 18 (1) of Article III provides that no person shall be detained
solely by reason of his political beliefs and aspirations.
The required report can be the basis of legislation that may improve the conduct of
future elections. It can be used for the purpose of determining certain questions
relative to election contests or to the credentials of the candidates proclaimed
elected.

ELECTION PERIOD
Unless otherwise fixed by the Commission in special cases, the election period
shall commence ninety days before the day of election and shall end thirty days
thereafter. - Section 9, Article IX-C

This period may be changed in special cases by Commission on Elections, as where there
is a special election for the President which should be called within seven days after the
occurrence of vacancy to be filled and held not earlier than forty- five nor later than sixty
days from such call.
Election period can be distinguished from campaign period since campaign period cannot
extend beyond the day of the election and in fact end two days before the election.
In Penera v. COMELEC, the Supreme Court ruled that a candidate is liable for election
offenses only upon the start of the campaign period. Section 79 of the Omnibus Election
Code and Section 15 of RA 8436), any person shall file his certificate of candidacy within
the period shall only be considered a candidate at the start of the campaign period for

which he filed his certificate of candidacy and that any unlawful act or omission
applicable to a candidate shall take effect only upon the start of the campaign period.
PARTY SYSTEM
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. - Section 6, 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. - Section 7, Article IX-C
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. - Section 8, Article IX-C
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, Article IX-C
JUDICIAL REVIEW
The Commission on Elections has been characterized as an independent constitutional
body with a distinct and pivotal role in our scheme of government.
In the discharge of its awesome functions as overseer of fair elections, administrator and
lead implementor of laws relative to the conduct of elections, it should not be stymied with
restrictions that would perhaps be justified in the case of an organization of lesser
responsibility.
The power of review of the Supreme Court under Article IX-A, Section 7, is available not
only against decisions, orders or rulings rendered by the Commission on Elections in an
election contest but also those relating to the exercise of its quasi-judicial powers.
The orders, ruling and decisions rendered or issued by the Commission en banc which may
be the subjects of the Supreme Courts power of review must be final and made in the
exercise of its adjudicatory or quasi-judicial power.
The Commission on Elections has been characterized as an independent constitutional
body with a distinct and pivotal role in our scheme of government.
In the discharge of its awesome functions as overseer of fair elections, administrator and
lead implementor of laws relative to the conduct of elections, it should not be stymied with
restrictions that would perhaps be justified in the case of an organization of lesser
responsibility.