Compiled by: ATTY. CHRISTOPHER R.

THIAM

ADMINISTRATIVE and ELECTION LAW

Reference: Philippine Administrative Law
By: CARLO L. CRUZ
1998 Edition

Public Officers and Election Laws

By: HECTOR S. DE LEON

PART I
ADMINISTRATIVE LAW

……Is the body of law and procedure that is created by, and governs administrative
agencies or specific parts of government. The law includes rules and regulations and
decisions made as a result of administrative hearings (The law.com)

CHAPTER I
NATURE

Origin and Development

Origin - Legislation
Justification - Expediency

Sources
1. Constitutional or Statutory enactments creating administrative
bodies. (Article IX Constitutional Commissions, Administrative Code, EO
292, Social Security Act)

2. Decisions of courts interpreting the charters of administrative bodies

and defining their powers, rights, inhibitions among others and the
effects of their determination and regulations. (Included in this class is
the case of Aratuc vs. COMELEC, 88 SCRA 251 and Maceda vs ERB,
192 SCRA 363)

3. Rules and Regulations issued by administrative bodies in pursuance

of the purposes for which they were created. (Ex. Omnibus Rules
Implementing the Labor Code)

4. Determinations and orders of administrative bodies in the settlement

of controversies in their respective fields. (Awards of the NLRC with
respect to money claims of employees)

Administration

First Sense - Administration refers to the aggregate of individuals in

whose hands the reins of government are for the time being.
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Second Sense – Administration means the actual running of the

government by the executive authorities through the enforcement of laws and
the implementation of policies.

Administration is either internal or external.

Internal administration covers the rules defining the relations of the public
functions inter se.

External administration defines the relation of the public office with the public
in general.

CHAPTER II
ADMINISTRATIVE AGENCIES

Definition

AN ADMINISTRATIVE AGENCY may be defined as a body endowed with quasi-

legislative and quasi-judicial powers for the purpose of enabling it to carry
out laws entrusted to it for enforcement and execution.

Nature

It may be regarded as an arm of the legislature because it is authorized to

promulgate rules that have the force of law by virtue of a valid delegation of
legislative power.

It may also be considered a court because it performs functions of a particular

judicial character as when it decides factual and sometimes legal questions as
an incident of its general power of regulation.

Creation and abolition

An administrative body may be created by a statute or by the Constitution.

Constitutional Commissions: (Article IX, Consti)

COMELEC
COA
CSC

Those created by Law are those with charters:

MMDA
NLRC
PRC
SEC
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IF created by the Constitution, it can only be altered or abolished by

Constitutional Amendment.

IF created by statute or special law, the legislature who breathed life to it can
also amend or even repeal its charter resulting in its abolition, which is
justified if made in good faith and not attended by grave abuse of discretion.
(De la Llana vs. Alba, 112 SCRA 294)

Advantages

Compared to the legislature or the courts, Administrative Agencies have the

advantage not only of expertise derived from extensive training and experience
but also of adaptability to change and ease in reacting to new and even
emergency situations because of its rule making power and adjudicatory
prerogatives.

Relation to Regular Departments

In the exercise of its powers delegated to it by the legislature, it acts as an

agent of the law making body and so is bound to obey and implement the
legislative will. As a creature of the legislature, it may also be abolished by it.

On the other hand, as an agency pertaining to the executive department, under

the constitution, it falls under the control of the president which cannot be
withdrawn or limited even by the legislature.

Too, by it exercising quasi judicial functions, Courts cannot be deprived of their

inherent power to decide all questions of law, particularly if they have been
initially resolved by administrative bodies.

In such a case, the Courts can review or even reverse the administrative acts
even of the President. (Montes vs. Civil Service Board of Appeals, 101 Phil. 490)

CHAPTER III
POWERS OF ADMINISTRATIVE AGENCIES

A The Quasi Legislative Power

1. Definition
Authority delegated by the law-making body to adopt rules and
regulations intended to carry out the provisions of a law and implement
legislative policy.

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It is a rule that Administrative regulations and policies enacted by

administrative bodies to interpret the law they are entrusted to enforce
have the force and effect of a law and are entitled to great respect. (Rizal
Empire Insurance Group vs. NLRC, 150 SCRA 565)

Administrative Rule is defined in EO 292 of 1987as “Agency

statement of general applicability that implements or interprets a law,
fixes and prescribes the procedures in, or practice requirements of, and
agency including its regulations. It includes memoranda or statements
concerning the internal administration or management of an agency not
affecting the rights of, or procedure available to the public.”

Rule making means an agency process for the formulation,

amendment or repeal of a rule. (EO 292, Book VII, Chapter 1, Sec. 2(2)
and (4)

2. Distinguished from Legislative Power

Administrative Regulations are intended to implement the law and to

carry out the legislative policy. It involves the discretion to determine how
the law shall be enforced.

On the other hand, Legislative power involves the discretion on what the
law shall be and such discretion cannot be delegated.

3. Source

The power to promulgate administrative regulations is derived from the

legislature by virtue of a valid delegation.

4. Test of Delegation

Completeness Test

All that is required for the valid exercise of this power of subordinate
legislation is that the regulation must be germane to the objects and
purposes of the law; and that the regulation be not in contradiction to,
but in conformity with, the standards prescribed by the law.16 Under the
first test or the so-called completeness test, the law must be complete in
all its terms and conditions when it leaves the legislature such that when
it reaches the delegate, the only thing he will have to do is to enforce it.
[G.R. NO. 152214 : September 19, 2006] EQUI-ASIA PLACEMENT,
INC., v. DEPARTMENT OF FOREIGN AFFAIRS (DFA) represented by
the HON. DOMINGO L. SIAZON, JR., SECRETARY, DEPARTMENT OF

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LABOR AND EMPLOYMENT (DOLE), represented by HON.

BIENVENIDO LAGUESMA

Sufficient Standard Test

There are two accepted tests to determine whether or not there is a valid
delegation of legislative power, viz, the completeness test and the
sufficient standard test. Under the first test, the law must be complete in
all its terms and conditions when it leaves the legislature such that when
it reaches the delegate the only thing he will have to do is enforce it. 13
Under the sufficient standard test, there must be adequate guidelines or
stations in the law to map out the boundaries of the delegate's authority
and prevent the delegation from running riot.
law library
Both tests are intended to prevent a total transference of legislative
authority to the delegate, who is not allowed to step into the shoes of the
legislature and exercise a power essentially legislative. G.R. No. 76633
October 18, 1988 EASTERN SHIPPING LINES, INC., vs. PHILIPPINE
OVERSEAS EMPLOYMENT ADMINISTRATION (POEA), MINISTER OF
LABOR AND EMPLOYMENT, HEARING OFFICER ABDUL BASAR and
KATHLEEN D. SACO

B The Quasi Judicial Power

1. Definition

The quasi-judicial power is the power of administrative authorities to

make determinations of facts in the performance of their official duties
and to apply the law as they construe it to the facts. The exercise of this
power is only incidental to their main functions of enforcement of the
law.

2. Source

This power is incidental to the power of regulation but is often expressly

conferred by the legislature through specific provisions in the charter of
the agency.

3. Determinative Powers

To better enable the agency to exercise its quasi-judicial authority, it is

also vested with Determinative Powers and Functions which are:

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Enabling Powers – are those that permit the doing of an act which the law
undertakes to regulate and which should be unlawful without governmental
approval. (Ex. Issuance of licenses to engage in a particular business)

Directing Powers – order the doing of particular acts to ensure compliance with
the law for corrective purposes. (Ex. Regulatory measures of the DOTC)

Dispensing powers – Power of the administrative officer to relax the

general operation of a law or to exempt from the performance of a general
duty. (Excusing a student from PE due to health reasons)

Examining Powers – Power of the agency to inspect the records and

premises, and investigate the activities of persons or entities coming
under its jurisdiction. It includes, 1) issue subpoena; 2) Administer
oaths; 3) interrogate witnesses; 4) issue subpoena duces tecum; among
others

Summary powers – the use by administrative authorities of force upon

persons or things without judicial warrant. (Ex. Padlocking of business
like obscene houses, confiscation by the BOC of contraband articles,
among others)

C The Exercise of Powers

The duties of the administrative body are generally considered

discretionary as they involve the interpretation or construction and
enforcement of the law and the appreciation of factual questions
submitted to it for resolution. (Ex. NLRC Cases)

Some duties are rather merely ministerial which means that no judgment
of discretion is required. (Ex. Annotation of lien on a Torrens title by the
RD.)

CHAPTER IV
THE QUASI-LEGISLATIVE POWERS

Administrative Regulations are intended to implement the law and to

carry out the legislative policy. It involves the discretion to determine how
the law shall be enforced.

Through the exercise of subordinate legislation, the administrative

agency applies the law and fulfills the mandate of the legislature.

1. Kinds of Administrative Regulations

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Legislative rule as a subordinate legislation is designed to

implement a primary legislation by providing the details.

Interpretative regulations are those which involve the construction

of the statute.

2. Requisites – to be valid, the administrative regulation must comply with

the following requisites:

First - Its promulgation must be authorized by the Legislature

“When congress authorizes promulgation of administrative rules and

regulations to implement given legislation, all that is required is that
the regulation be not in contravention with it but conform to the
standards that the law prescribes.” (Tayug Rural bank vs Central
Bank 146 SCRA 120)

Second- It must be within the scope of the authority given by the

legislature

“The rule making power of a public administrative body is a

delegated legislative power, which it may not either to abridge the
authority given by congress or the Constitution or to enlarge its
power beyond the scope intended” (Conte vs COA 264 SCRA 19)

Third - It must be promulgated in accordance with the prescribed

procedure

“The promulgation of administrative regulations of general

application does not require previous notice and hearing except
where the legislature itself require it”

“Before the public is bound by its contents, especially its penal

provisions, a law, regulation or circular must first be published and
the people officially informed of said contents and its penalties
(People vs Que Po Lay, 94 Phil 640)

Fourth – It must be reasonable

“Petitioners assail a regulation phasing out taxicabs more than six

years old as an invalid exercise of police power. The Supreme Court
declared the regulation reasonable, holding that its purpose is to
promote the convenience and comfort and protect the safety of the
passengers. (Taxicab Operators of Metro Manila vs. Board of
Transportation, 117 SCRA 597)

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“It is an axiom in administrative law that administrative authorities

should not act arbitrarily and capriciously in the issuance of rules
and regulations. To be valid, it must be reasonable and fairly
adapted to secure the end in view. If shown to bear no reasonable
relation to the purposes for which they are authorized to be issued,
then they must be held to be invalid.(Lupangco vs CA, 160 SCRA
848)

3. Penal Regulations – Requisites of a valid administrative regulation with a

penal sanction are:

a. The law itself make violation of the administrative regulation

punishable;
b. The law itself must impose and specify the penalty for the violation of
the regulation;
c. The regulation must be published:

4. Construction and interpretation - Regulations should be read in

harmony with the statute and not in violation of the authority conferred
on the administrative authorities.

5. Enforcement – the power to promulgate rules carries with it the implied

power to enforce it which may be effected through Mandamus and
injunctions through sanctions which the statute itself may allow the
administrative body to impose.

6. Amendment or Repeal – like statutes, administrative rules and

regulations is subject to amendment or repeal by the authorities that
promulgated them in the first place.

CHAPTER V
THE QUASI-JUDICIAL POWER

The quasi-judicial power is the power of administrative authorities to

make determinations of facts in the performance of their official duties
and to apply the law as they construe it to the facts. The exercise of this
power is only incidental to their main functions of enforcement of the
law. It requires 2 conditions:

a. Jurisdiction must be properly acquired by the administrative body.

b. Due process must be observed in the conduct of the proceedings.

1. Jurisdiction – the competence of an office or body to act on a given

matter or decide a certain question. Without jurisdiction, the act is
void ab initio.

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a. Rules of Procedure

Where an administrative body is expressly conferred with

adjudicatory powers, it is deemed also to be vested with implied
power to promulgate its rules to be observed in the conduct of its
proceedings. (Angara vs. Electoral Commission 63 Phil 139)

Doctrine of Implication – Where the statute does not require any

particular method of procedure to be followed by an administrative
agency, it may adopt any reasonable method to carry out its
functions. (Provident Tree Farms, Inc. vs. Batario, 231 SCRA 463)

b. The Subpoena Power

The power to issue subpoena and subpoena duces tecum is not

inherent in administrative bodies. These bodies may summon
witnesses only when duly allowed by law, and always only in
connection with the matter they are authorized to investigate.

In Cariño vs. CHR, 224 SCRA 483, the Court made a distinction
between investigate and adjudicate, thus:

Investigate – the legal meaning is to follow up step by step by

patient inquiry or observation. To trace or track; to search into; to
examine and inquire into with care and accuracy….xxx an inquiry,
judicial or otherwise, for the discovery and collection of facts
concerning a matter or matters….

Adjudicate – to settle in the exercise of judicial authority, to

determine finally.

c. The Contempt Power

The power to punish for contempt is essentially judicial and cannot
be claimed as an inherent right by the administrative agency. To be
validly exercised, (1) it must be expressly conferred upon the body;
(2) must be used only in connection with its quasi-judicial
functions.

Guevara vs COMELEC 104 Phil 268, the COMELEC cannot hold a

journalist in contempt for insinuating in a news article certain
irregularities in the purchase of ballot box. The SC held that the
power was not exercisable because the acquisition/purchase of
election paraphernalia did not call for the discharge of quasi
judicial functions.

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2. Notice and Hearing

The right to notice and hearing is essential to due process and its
non-observance will, as a rule, invalidate the proceedings.

The essence of due process in administrative proceedings is the

opportunity to explain one’s side or to seek reconsideration of the
action or ruling complained of. (Padilla vs. NLRC 273 SCRA 457)

a. Administrative Due Process

Ang Tibay vs. CIR 59 Phil 635

Cardinal rights or principles to be observed in administrative

proceedings:

1. The right to a hearing and to present his own case and submit
evidence in support thereof:
2. The tribunal must consider the evidence presented;
3. The tribunal must have something to support its decision;
4. The evidence must be substantial;
5. The decision must be rendered on the evidence presented at the
hearing, or at least contained in the record and disclosed to the
parties affected;
6. The tribunal must act on its or his own independent
consideration of the law and facts of the controversy, and not
simply accept the views of a subordinate in arriving at a
decision;
7. The tribunal must render its decision in such a manner that the
parties to the proceeding can know the various issues involved,
and the reasons for the decisions rendered;

3. Administrative Appeals and Review

Unless otherwise provided by law or executive order, an appeal from a

final decision of the administrative agency may be taken to the
department head, whose decision may be brought to the regular
courts of justice, in accordance with the procedure specified by law.
The appellate administrative agency may even conduct additional
hearings in the appealed case, if deemed necessary. (Reyes vs.
Zamora, 90 SCRA 92)

4. Enforcement of Decision

In the absence of any statute providing for the enforcement of an

administrative determination, the same cannot be enforced except
possibly by appeal to the bars of public opinion. (ex. After finding that
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a public utility is charging excessive rates, the agency may go the

media by shaming the public utility to lower its rate, OR revoke or
refuse to renew the license, confiscate the obnoxious or destruction of
pornographic materials.) OR go to Court to enforce such award by
mandamus (San Luis vs CA, 174 SCRA 258)

5. Res Judicata

Meaning:

“In its literal meaning, res judicata refers to "a matter adjudged." This
doctrine bars the re-litigation of the same claim between the parties,
also known as claim preclusion or bar by former judgment. It
likewise bars the re-litigation of the same issue on a different claim
between the same parties, also known as issue preclusion or
conclusiveness of judgement. It "exists as an obvious rule of reason,
justice, fairness, expediency, practical necessity, and public
tranquillity.” G.R. No. 214300, July 26, 2017 PEOPLE OF THE
PHILIPPINES v. MANUEL ESCOBAR.

It is settled that decisions and orders of administrative agencies,

rendered in the exercise of their quasi judicial authority, have upon
their finality the force and binding effect of a final judgment of a court
of general jurisdiction under the doctrine of res judicata. (Brillantes vs.
Castro 99 Phil 497)

The rule of res judicata, which forbids the re-opening of matter once
judicially determined by competent authority apply as well to the
judicial and quasi-judicial acts of public, executive or administrative
officers and boards acting within their jurisdiction as to the
judgments of courts having general judicial powers. (San Luis vs CA,
174 SCRA 258)

This principle is, however, not applicable to all administrative

proceedings.

The doctrine of res judicata does not apply to Labor Relations

proceedings “considering that Section 5, Rule XIII, Book V of the IRR
of the Labor Code provides that such proceeding are non-litigous and
summary in nature without regard to legal technicalities obtaining in
courts of law”. This is in consonance with the jurisprudential dictum
that the doctrine of res judicata applies only to judicial or quasi-
judicial proceedings and not to the exercise of administrative powers.
(Nasipit Lumber Company, Inc. vs. NLRC, 177 SCRA 93)

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Neither does the doctrine apply to judgments based on prohibited or

null and void contracts. (B.F. Goodrich Philippines, Inc. vs. Workmen’s
Compensation Commission, 159 SCRA 355)

CHAPTER VI
JUDICIAL REVIEW

A. General Rule

As a GENERAL RULE, decisions of administrative bodies are not

appealable or reviewable by courts of justice EXCEPT where the
constitution or the law permits it OR if the questions to be reviewed are
questions of law.

Decisions of Constitutional Commissions may be brought to the Supreme

Court on Certiorari.

Decisions of other agencies may be brought to the CA under B.P 129.

B. Methods of Review (Relate with Civ Pro)

1. Doctrine of Primary Jurisdiction or Prior Resort

If the case is such that its determination requires the expertise,

specialized skills and knowledge of the proper administrative bodies
because of technical matters or intricate questions of facts are
involved, then relief must first be obtained in an administrative
proceedings before a remedy will be supplied by the courts even
though the matter is within the proper jurisdiction of the court. This
is the Doctrine of Primary Jurisdiction. (Industrial Enterprise, Inc.
vs. CA 184 SCRA 426)

Once initial action is taken by the administrative body in accordance

with the doctrine of primary jurisdiction, it must continue to the
highest level before resort to judicial tribunals may be sought. This is
required under the Doctrine of Exhaustion of Administrative
Remedies.

2. Doctrine of Exhaustion of Administrative Remedies

A party aggrieved must not merely initiate the prescribe

administrative procedure to obtain relief, but also must pursue it to
its appropriate conclusion before seeking judicial intervention in order
to afford that agency the opportunity to decide the matter by itself

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correctly and prevent unnecessary and premature resort to court.

(Jariol vs. COMELEC 270 SCRA 255)

a. Reasons
(1) The administrative superiors, if given the opportunity,
can correct the errors committed by their subordinates
(Carale vs. Abarintos, 269 SCRA 132)
(2) Courts should as much as possible refrain from
disturbing the findings of administrative bodies in
deference to the doctrine separation of powers.
(3) On practical grounds, it is best that courts, which are
burdened enough with judicial cases, be not saddled
with the review of administrative cases (Sunville Timber
Products, Inc. vs Abad, 206 SCRA 482)
(4) Judicial review of administrative case is usually effected
through the special civil action of certiorari, prohibition
and mandamus, which are available only where there is
no other plain, adequate and speedy remedy.

The underlying principle on the rule of exhaustion of

administrative remedies is to afford the administrative agency a
complete chance to pass upon the matter correctly. (U.P. vs
Catungcal Jr., 272 SCRA 221)

b. Exceptions to the doctrine of exhaustion of administrative

remedies:

(1) Where the question raised is purely legal (Mun. of La

Trinidad vs. CFI of Baguio, 123 SCRA 81)
(2) When the administrative body is in estoppel (Tan vs.
Veterans Backpay Commission, 105 Phil 377)
(3) When the act complained of is patently illegal (Mangubat
vs. Osmeña, 105 Phil 1308)
(4) When there is urgent need for judicial intervention
(Alzate vs Aldana, 154 SCRA 377)
(5) When the claim involved is small (Cipriano vs Marcelino,
43 SCRA 291)
(6) When irreparable damage will be suffered (De Lara vs.
Claribel, 14 SCRA 269)
(7) When there is no other pain, adequate and speedy
remedy (National Development Co. vs Collector of
Customs, 9 SCRA 429)
(8) When strong public interest is involved (Arrow Transport
Corp. vs Board of Transportation, 63 SCRA 193)

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(9) When the subject of the controversy is private land

(Tiangco vs Lauchang, 9 SCRA 125)
(10) In quo warranto proceedings (Corpuz vs Cuaderno 4
SCRA 749)

C. Appeal to the President

Whether or not decision of Cabinet members has to be appealed first to

the President before it may be brought to the Courts of Justice?

Appeal to the president was not necessary under the doctrine of Political
Agency, the acts of the secretary are his acts, the secretaries after all
being his alter ego. (Demaisip vs CA 106 Phil 237)

Demaisip was vacated in Calo vs Fuentes, 5 SCRA 397, Appeal to the

president was the final step in the administrative process and therefore
condition precedent to appeal to the CA. (Exhaustion of Administrative
Remedies)

In Bartulata vs Peralta, 59 SCRA 7, the Demaisp doctrine was reinstated

under the alter ego doctrine.

Tan vs Director of Forestry 125 SCRA 302, the Calo doctrine was again
reinstated stating that appeal to the president is condition precedent to
appeal to the CA under exhaustion of Administrative remedies.

In Carpio vs Exec. Secretary, 206 SCRA 290, under the doctrine of

qualified political agency,….xxx…acts of secretaries of such departments
performed and promulgated in the regular course of business, are,
unless disapproved or reprobated by the chief executive, acts of the Chief
Executive.

“But the doctrine of qualified political agency does not apply to the
actions of heads of executive departments in the performance of their
duties as ex officio members of the various agencies or entities under the
executive department.” G.R. No. 188952, September 21, 2016,
PEÑAFRANCIA SHIPPING CORPORATION AND SANTA CLARA
SHIPPING CORPORATION, v. 168 SHIPPING LINES, INC.
s

D. Effect of Non-Compliance

Failure to exhaust administrative remedies does not affect the

jurisdiction of the court but only results in the lack of cause of action
which may be invoked in a motion to dismiss. (Rule 16 ROC; Republic vs

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Sandiganbayan, 255 SCRA 438; DARAB vs CA, 266 SCRA 404; Carale vs
Abarintos, 269 SCRA 132)

E. Questions Reviewable

a. Questions of Fact

Even if allowed to review administrative decisions on questions of

fact, courts of justice generally defer to such decisions and will
decline to disturb them except only where there is a clear showing
of arbitrariness or grave abuse of discretion.

A question of fact is, as a general rule, the concern of the

administrative agency, so long as there is substantial evidence of
record to sustain its action. (Inter-Orient Maritime Enterprises, Inc.
vs NLRC , 235 SCRA 268; Emerald Garment Manufacturing Corp. vs
CA, 251 SCRA 600)

b. Questions of Law

“…May not be withheld or withdrawn from the courts by legislation

as the power is inherent in the judiciary.

Factual questions are basically for the administrative officials to

resolve but legal questions are ultimately for the courts to
determine.

The interpretation of the agency of its own rules should be given

more weight than the interpretation by the agency of the law it is
merely tasked to administer.

What is Question of Fact and Question of Law?

A question of law arises when there is doubt as to what the law is on a

certain state of facts, while there is a question of fact when the doubt
arises as to the truth or falsity of the alleged facts. For a question to be one
of law, the same must not involve an examination of the probative value of
the evidence presented by the litigants or any of them. The resolution of
the issue must rest solely on what the law provides on the given set of
circumstances. Once it is clear that the issue invites a review of the
evidence presented, the question posed is one of fact. Thus, the test
of whether a question is one of law or of fact is not the appellation
given to such question by the party raising the same; rather, it is
whether the appellate court can determine the issue raised without
reviewing or evaluating the evidence, in which case, it is a question
of law; otherwise it is a question of fact. [G.R. NO. 176842:
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February 18, 2008]FLORA LEONCIO, FELICIA LEONCIO and CLARITA

LEONCIO(In substitution of Elpidio Leoncio, now deceased), v.
OLYMPIA DE VERA and CELSO DE VERA

PART II
ELECTION LAWS

1987 Philippine Constitution

xxx
ARTICLE IX

A. COMMON PROVISIONS

Section 1. The Constitutional Commissions, which shall be independent,

are the Civil Service Commission, the Commission on Elections, and the
Commission on Audit.

Section 2. No member of a Constitutional Commission shall, during his

tenure, hold any other office or employment. Neither shall he engage in
the practice of any profession or in the active management or control of
any business which, in any way, may be affected by the functions of his
office, nor shall he be financially interested, directly or indirectly, in any
contract with, or in any franchise or privilege granted by the
Government, any of its subdivisions, agencies, or instrumentalities,
including government-owned or controlled corporations or their
subsidiaries.cralaw

Section. 3. The salary of the Chairman and the Commissioners shall be

fixed by law and shall not be decreased during their tenure.

Section 4. The Constitutional Commissions shall appoint their officials

and employees in accordance with law. cr

Section 5. The Commission shall enjoy fiscal autonomy. Their approved

annual appropriations shall be automatically and regularly released. aw

Section 6. Each Commission en banc may promulgate its own rules

concerning pleadings and practice before it or before any of its offices.
Such rules, however, shall not diminish, increase, or modify substantive
rights.

Section 7. Each Commission shall decide by a majority vote of all its

Members, any case or matter brought before it within sixty days from the
date of its submission for decision or resolution. A case or matter is
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deemed submitted for decision or resolution upon the filing of the last
pleading, brief, or memorandum required by the rules of the Commission
or by the Commission itself. Unless otherwise provided by this
Constitution or by law, any decision, order, or ruling of each Commission
may be brought to the Supreme Court on certiorari by the aggrieved party
within thirty days from receipt of a copy thereof. cralaw

Section 8. Each Commission shall perform such other functions as may

be provided by law.

Xxx

C. THE COMMISSION ON ELECTIONS

Section 1. (1) 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 positions 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.

(2) 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,
three Members shall hold office for seven years, two 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. cralaw

Sec. 2. The Commission on Elections shall exercise the following powers

and functions: chanroble s virtua llawlibrary

(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.
cralaw

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Compiled by: ATTY. CHRISTOPHER R. THIAM

Decisions, final orders, or rulings of the Commission on election contests

involving elective municipal and barangay offices shall be final,
executory, and not appealable. cralaw

(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. cralaw

(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.cralaw

(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. cralaw

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. cralaw

(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. cralaw

(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. cralaw

(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.cralaw

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Compiled by: ATTY. CHRISTOPHER R. THIAM

(9) Submit to the President and the Congress, a comprehensive report on

the conduct of each election, plebiscite, initiative, referendum, or recall. cralaw

Section 3. 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 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.

Section 4. 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, and 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. cralaw

Section 5. 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. cralaw

Section 6. 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.
cralaw

Section 7. 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. cralaw

Section 8. 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. cralaw

Section 9. 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. cralaw

Section 10. Bona fide candidates for any public office shall be free from
any form of harassment and discrimination. cralaw

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Compiled by: ATTY. CHRISTOPHER R. THIAM

Section 11. 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.

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