2nd 2 commissioners = term of 5 years without

FINALS: 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

reappointment.
3rd last commissioner = term of 3 years without
reappointment.
Staggered term of 2 years interval: every 2 years,
a member appointed to fill a vacancy shall serve only
for the unexpired term to preserve the staggered

practice of law for at least ten years.

terms of office.

Composition of the COMELEC: 1 chairman and 6

Note! Every 2 years, the term of one commissioner expires,

commissioners.

leaving behind two experienced commissioner. If a vacancy

Qualifications:

shall serve only for the unexpired term of the predecessor.

occurs, the commissioner so appointed to fill up the vacancy

(prevents

(1) natural-born citizen of Pinas

the

incumbent

president

from

having

an

opportunity to appoint all the commissioners during his

(2) 35 years of age at the time of their

appointment

term)
Section 2. The Commission on Elections shall exercise the

(3) at least holders of a college degree

(4) must not have been candidates for any
elective position in the immediately preceding
elections.

following powers and functions:

(1) Enforce and administer all laws and regulations
relative to the conduct of an election, plebiscite,
initiative, referendum, and recall.

Note! MAJORITY of the members including the Chairman

must be a member of Philippine Bar who have been
engaged in the practice of law for at least 10 years.

(2) Exercise

exclusive

original

jurisdiction

over

all

contests relating to the elections, returns, and

(because the commission exercise QUASI Judicial powers)

qualifications of all elective regional, provincial, and

Practice of Law (Cayetano v. Monsod) SC held

contests involving elective municipal officials decided

that engaging in practice of law is not only confined

to courtroom practice.

of law or knowledge of the law, whether said

activity takes place in or outside of the court
rooms. (10 yrs of work experience as: lawyer-

manager, lawyer- negotiator of contracts, lawyereconomist or lawyer-entrepreneur).

the President with the consent of the Commission on
a

term

elective barangay officials decided by trial courts of

of

seven

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

(2) The Chairman and the Commissioners shall be appointed by

for

by trial courts of general jurisdiction, or involving

limited jurisdiction. Decisions, final orders, or rulings

It includes any activity which requires application

Appointments

city officials, and appellate jurisdiction over all

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.

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

Appointment and Terms of Office:

to other requirements, must present their platform

Chairman and 6 commissioners are appointed by the

arms of the Commission on Elections. Religious

or program of government; and accredit citizens'

President with consent of CA.

denominations and sects shall not be registered.

Term of Office:

violence or unlawful means, or refuse to uphold and

st

3 commissioners = term of 7 years without

reappointment.

Those which seek to achieve their goals through

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,

Ancillary to and support of said powers, commission can:

and, when accepted, shall be an additional ground for

the cancellation of their registration with the

Annul illegal registry of voters

Commission, in addition to other penalties that may be

proclaim winning candidates

prescribed by law.

annul the canvass

suspend the canvass

relieve

(6) File, upon a verified complaint, or on its own initiative,

petitions in court for inclusion or exclusion of voters;

inspectors

and

canvassers

investigate and, where appropriate, prosecute cases

of violations of election laws, including acts or

supervise

and

control

election

inspectors and canvassers

omissions constituting election frauds, offenses, and

malpractices.

register political parties, or to decide

whether a party is a political party

(7) Recommend to the Congress effective measures to

places where propaganda materials shall be posted,
and to prevent and penalize all forms of election
offenses,

malpractices,

and

nuisance

supervise

and

regulate

use

of

franchise.

minimize election spending, including limitation of

frauds,

election

(2) Legislative

Power

shall

issue

rules

and

regulations to implement the election laws; it

has the power to exercise such legislative

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

functions as may be expressly delegated to it

by congress.
Ex.

directive, order, or decision.

Rules to supervise or regulate the use of

media and advertisement.

(9) Submit to the President and the Congress, a

Rules to implement prohibition against

comprehensive report on the conduct of each election,

expenditures, or those in excess of the

plebiscite, initiative, referendum, or recall.

limits authorized by law.

Powers and functions of the Commission

issue any and all other rules to insure

free, honest and orderly elections.

Comelec performs executive as well as judicial

functions and quasi-legislative powers.

(3) Judicial Power has the power to resolve all

cases or controversies that may arise in the

Note! Commission is sold judge of all contests relating to

enforcement of election laws; it is the sole

the election, returns and qualifications of all regional,

judge of all pre-proclamation disputes and all

provincial and city officials which, in effect, is part of

contests relating to the election, returns and

judicial power or function. They cannot exercise inherent

qualifications of all regional, provincial and

powers of regular court.

city officials; its decisions, final orders, or

But they can issue writ of certiorari, prohibition and

mandamus granted by BP no. 697 sec. 50 that can be

exercised in connection with APPELLATE JURISDICTION
under section 2. (2).

laws and regulations relative to the conduct

election,

plebiscite,

initiative,

referendum, and recall.

require compliance with the rules for

the filing of certificate of candidacy.

executory and not appealable.

includes the power to determine the validity or nullity of

(1) Executive Power Enforce and administer all

an

municipal and barangay offices shall be final,

Note! Power to decide election contests necessarily

There powers are: (par. 1-4)

of

rulings on election contests involving elective

take preventive measures to avoid

fraud and other election offenses.

the votes questioned by either of the contestants.

Power to determine the validity or nullity of the
questioned

votes, SC upheld the authority of the

COMELEC, to exclude election returns on the ground of

statistical improbability.
Election returns which were product of coercion were
also excluded and the power of the commission on elections
to exclude the same was also upheld.

supervise registration of voters.

supervise holding of polls.

COMELEC has the power to obtain the testimony of hand

see to it that votes are canvassed

writing experts to be able to determine if the election

properly.

returns are falsified or not.

proclaim the winner.

 Antonio Jr. v. Comelec - Power to declare a

programs of government to enable them to consider

failure of election involved the power to decide

wisely to which party they should pledge to support.

election contests which belonged to the courts and

proper

electoral

tribunals

not

commission

on

Elections.
COMELEC annul entire municipal election on the
ground of post election terrorism.

election. As held in Sanchez v. COMELEC failure of

election justifies the calling of a special election in order to
make the COMELEC truly effective in the discharge of its
functions.

Importance of registering Political Parties, acquires

juridical personality from the time it is registered by the
persons who opted to exercise their right of association
without the benefits derived from the formal act of
registration such as right to participate under the partylist system. Being registered, serves notice not only to the
COMELEC by also to the people that it exists and that its
members and officers adhere to the ideals and principles

of

COMELEC

BEFORE/

AFTER

Proclamation

outlined in its by-laws.

Non-registrable political parties which:

Before

PARTY SYSTEM

COMELEC. If not registered then it is merely a group of

Note! COMELEC have the authority to call a special

Jurisdiction

Philippines Political Party system is a MULTI-

proclamation

administrative

or

controversy

quasi-judicial.

Hence

is

It

is

governed by the requirements of administrative

After proclamation is judicial. Hence, it is
governed by the requirements of Judicial due

COMELEC

seek to achieve their goals through violence or

refuse to uphold and adhere to the constitution

are supported by any foreign government shall be

refused registration.

process.
Note!

have no platform or program of government

unlawful means

due process.

HAVE

NO

POWER

TO

to be registered as political parties ( in view of

determine

Principle of separation between Church and State)

whether a person can exercise the right to vote or not,

or whether a person is precluded from exercising the right
of suffrage. (this is judicial question, it is within the

Religious denominations and sects are not allowed

Prohibited financial contributions acceptance of financial

jurisdiction of our courts)

contributions from foreign governments and their agencies

Note! COMELEC has the power to decide administrative

registration

cases

contributions are declared as constituting interference in

before

and

related to elections is a ground for the cancellation of the

after

proclamation except

those

organization.

such

Role of Citizens arms accredited by COMELEC are

supposed to be completely neutral and non-partisan in

After proclamation when the controversy should

assisting the Comelec in the conduct of elections.

COMELEC

has

no

power

to

deputize

law

enforcement agencies because this power can be exercised

only with the concurrence of the president because they
are under the jurisdiction of the President as Commander
in chief.

(par. 6) Prosecution of Cases (power to investigate

and

prosecute)

is an exclusive power of the

COMELEC. for this reason an information charging an

election offense can only be filed by the prosecutors
when they have been deputized by the commission.
When it is the commission itself that prosecutes a
case in court, the latter acquires jurisdiction over

Note! COMELEC has no power to discipline the officers

has

or

resolved by COMELEC.

the courts have jurisdiction.

it

party

before proclamation any problem should be

already be a contest, the electoral tribunals and

Note!

political

our internal affairs.

involving the right to vote.

of

deputized. Because as express constitutional

provision. It can only recommend to the president the

the case and it may review the actions taken by

commission.

removal of any officer or employee it has deputized, or the

To file petitions, investigate and prosecute. It can

imposition of any disciplinary action.

exercise these powers on its own initiative even in

(par. 5) Power to register political parties, etc. and

credit its citizens arm.
Registration is the means by which the government is

the absence of any complaint.

Options of COMELEC

enabled to supervise and regulate the activates of

political parties. it also intended to inform the people
of the parties existence and of their respective

can file, upon verified complaint, petitions in

court for inclusion or exclusion of voters.

can, on its own initiative, file petitions for

inclusion or exclusion of voters.

can investigate violation of election laws,

including

acts

or

omissions

constituting

election frauds, offenses, and malpractices.

can prosecute cases of violations of election

laws, including acts or omissions constituting
election frauds, offenses and malpractices.

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, time, and space ,and the

(par. 7) COMELEC can recommend measures to

right to reply, including reasonable, equal rates therefor, for

public information campaigns and forums among candidates in

congress to minimize election spending etc. in

connection with the objective of holding free, orderly, honest,

order:

peaceful, and credible elections.

COMELEC

To minimize election spending;

To prevent and penalize all form of election

frauds, offenses, malpractices and nuisance
candidacies.

period,

supervise

or

(1) enjoyment or utilization of all franchises or

permits for the operation of transportation and

of any officer or employee it as deputized.

other public utilities, media of communication or

information
(2) all

To recommend to the president the removal

congress self-explanatory.

or

concessions

subsidiary.
Sec. 5. No pardon, amnesty, parole, or suspension of sentence
for violation of election laws, rules, and regulations shall be
granted

(par. 9) Report of Comelec to the President and

privileges,

government-owned or controlled corporation or its

disciplinary action for violation or disregard

decision.

special

agency, or instrumentality thereof, including any

To recommend the imposition of any other

of, or disobedience to its directive, order or

grants,

granted by the Government or any subdivision,

of any officer or employee it has deputized;

election

regulate:

(par. 8) Power of COMELEC to Recommend removal

during

by

the

President

without

the

favorable

recommendation of the Commission.

PARDON, Etc. of violators of election laws

Section 3. The Commission on Elections may sit en banc or in

purpose of this provision is to avoid any possibility of

two divisions, and shall promulgate its rules of procedure in

the president granting pardon, amnesty, parole, or

order to expedite disposition of election cases, including pre-

suspension of sentence to violators of law or rules

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.

COMELEC may sit en banc or in two (2) divisions.

Each division is composed of 3 members.
Decisions of a division may be subject of a motion
for reconsideration to the commission sitting en banc.
Note! COMELEC decisions are appealable to SC
(petition for certiorari) if the decisions in election
contests relating to the election, returns and
qualification of all regional, provincial and city
officials WHICH ARE WITHIN ITS ORIGINAL
JURISDICTION; Not appealable with respect to
decisions in election contests involving municipal or

and regulations concerning elections, who may belong

to his party or for political reasons.
Restricts the power of President to grant in 2
cases:

violation of elections laws

violation rules and regulations

Without favorable recommendation of COMELEC

the president cannot grant such in these two cases.
Parole method by which a prisoner who has served
a portion of his sentence is conditionally released but
remains in legal custody, the condition being that in
case of misbehavior, he shall be imprisoned. A parole
does not pardon the prisoner.

barangay officials as originally decided by regional or

Supersions of sentence is the postponement of the

municipal trial courts, which are within its appellate

execution of a sentence for an indefinite time. It is

jurisdiction, the same shall be final, executory and

different from reprieve.

not appealable.

Reprieve postpones the execution of a sentence to a

fixed or definite date.

Sec. 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.

ALLOWED TO EVOLVE
party

voluntary

organization

of

citizens

advocating certain principles and policies for the general

conduct of government and which, as the most immediate
means of securing their adoption, designates and supports
certain of its leadears as candidates for public office. The
chief aim of political party is to gain control of the
government.
Sec.

other similar bodies. Such Membership is not deemed

necessary to protect their political interest. Political

FREE AND OPEN PARTY SYSTEM SHALL BE

Political

winning candidates on the basis of such returns), or

parties registered under the party list system have

no individual candidates.
Sec. 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.

Election period it is the time needed to administer an

election. It goes beyong the day of the voting by express
constitutional

commence 90 days before the day of election and shall end

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

30 days thereafter.
-

it shall commence 90 days before the day of

election (national or local) and shall end 30 days

Constitution.

Party

provisions, thus the election peropd shall

thereafter. It does not, however, fix an unterable

list

system

is

mechanism

of

proportional

representation in the election of representatives in the

period of 90 days for an election campaign.

-

may change the duration of the election period.

house of representatives from marginalized or under

The limitation is design to minimize partisan

representated national, regional and sectoral parties or

political activities and expensive contest.

organizations or coalitions thereof registered with the

COMELEC.

The commission or the congress, in special cases

Campaign Period it is period when votes are solicited. The

Votes cast for political parties people will not vote the
name of the nominee of the partylist but the party itself.
Political parties which obtain sufficient percentage of
votes cast will be allowed to name their representatives to
the house of representatives.

campaign periods are fixed as follows:

For president, vice president and senators, 90 days

before the day of election.

For member of the house of Representatives and

Elective provincial, city and municipal officials 45

Allocation of party list seats parties shall be ranked from

highest to lowest based on the number and percentage of
votes garnered during elections. Only max. of 3 seats may

days before the day of the election.

-

The election period is not the same as campaign

period. the former includes 30 days after the

be allowed per party.

election while the latter can only be for a maximum

Seats are allocated at the rate of 1 seat per 2% of total

commission to prepare for the election, the

votes obtained. Unallocated seats shall be distributed

among the parties which have not yet obtained the max. 3
seats provided they have obtained at least 2% of the votes.
The variance of percentage in excess of 2% or 4%
equivalent to 1 or 2 seats that have already been obtained
respectively shall be ranked and be the basis for allocating

of 90days part of which is intended for the

printing and distribution of forms, appointment of
members in the registration boards, etc. and other
preparatory acts. The campaign period may thus be
less than the 90 days pre-election period.
Sec. 10. Bona fide candidates for any public office shall be

the remaining seats.

free from any form of harassment and discrimination.

Sec.

BONA FIDE CANDIDATES ARE PROTECTED means that

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.

Membership

of

with or without a party affiliation, a bona fide candidate is

protected by the constitution against any form of harassment
and discrimination. no person shall be denied the equal
protection of the laws
Sec. 11. Funds certified by the Commission as necessary to

Political

parties,

etc.

in

registration boards, etc. it is no longer allowed for

political parties, or organizations including coalitions
registered under the party list system to be
represented in the registration boards, boards of
election inspectors (which are in charge of the
conduct of elections and the preparation of election
returns) boards of canvassers(which proclaim the

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.
AUTOMATIC RELEASE OF APPROPRIATIONS obligatory of
congress to provide in the regular or special appropriation
funds certified by the Commission as necessary to defray
expenses for holding an election, plebiscite, recall, initiative