Sec. 52. Powers and functions of the Commission on Elections.
- In addition
to the powers and functions conferred upon it by the Constitution, the
Commission shall have exclusive charge of the enforcement and administration
of all laws relative to the conduct of elections for the purpose of ensuring free,
orderly and honest elections, and shall:
a. Exercise direct and immediate supervision and control over national and
local officials or employees, including members of any national or local law
enforcement agency and instrumentality of the government required by law
to perform duties relative to the conduct of elections. In addition, it may
authorize CMT cadets eighteen years of age and above to act as its
deputies for the purpose of enforcing its orders.
The Commission may relieve any officer or employee referred to in the
preceding paragraph from the performance of his duties relating to
electoral processes who violates the election law or fails to comply with its
instructions, orders, decisions or rulings, and appoint his substitute. Upon
recommendation of the Commission, the corresponding proper authority
shall suspend or remove from office any or all of such officers or
employees who may, after due process, be found guilty of such violation or
failure.
b. During the period of the campaign and ending thirty days thereafter, when
in any area of the country there are persons committing acts of terrorism to
influence people to vote for or against any candidate or political party, the
Commission shall have the power to authorize any member or members of
the Armed Forces of the Philippines, the National Bureau of Investigation,
the Integrated National Police or any similar agency or instrumentality of
the government, except civilian home defense forces, to act as deputies for
the elections.
c. Promulgate rules and regulations implementing the provisions of this Code
or other laws which the Commission is required to enforce and administer,
and require the payment of legal fees and collect the same in payment of
any business done in the Commission, at rates that it may provide and fix
in its rules and regulations.
Rules and regulations promulgated by the Commission to implement the
provisions of this Code shall take effect on the sixteenth day after
publication in the Official Gazette or in at least daily newspapers of general
circulation. Orders and directives issued by the Commission pursuant to
said rules and regulations shall be furnished by personal delivery to
accredited political parties within forty-eight hours of issuance and shall
take effect immediately upon receipt.
In case of conflict between rules, regulations, orders or directives of the
Commission in the exercise of its constitutional powers and those issued
by any other administrative office or agency of the government concerning
he same matter relative to elections, the former shall prevail.
d. Summon the parties to a controversy pending before it, issue subpoena
and subpoena duces tecum, and take testimony in any investigation or
hearing before it, and delegate such power to any officer of the
Commission who shall be a member of the Philippine Bar. In case of
failure of a witness to attend, the Commission, upon proof of service of the
subpoena to said witnesses, may issue a warrant to arrest witness and
bring him before the Commission or the officer before whom his
attendance is required.
Any controversy submitted to the Commission shall, after compliance with
the requirements of due process, be immediately heard and decided by it
within sixty days from submission thereof. No decision or resolution shall
be rendered by the Commission either en banc or by division unless taken
up in a formal session properly convened for the purpose.
The Commission may, when necessary, avail of the assistance of any
national or local law enforcement agency and/or instrumentality of the
government to execute under its direct and immediate supervision any of
its final decisions, orders, instructions or rulings.
e. Punish contempts provided for in the Rules of Court in the same procedure
and with the same penalties provided therein. Any violation of any final and
executory decision, order or ruling of the Commission shall constitute
contempt thereof.
f. Enforce and execute its decisions, directives, orders and instructions which
shall have precedence over those emanating from any other authority,
except the Supreme Court and those issued in habeas corpus
proceedings.
g. Prescribe the forms to be used in the election, plebiscite or referendum.
h. Procure any supplies, equipment, materials or services needed for the
holding of the election by public bidding: Provided, That, if it finds the
requirements of public bidding impractical to observe, then by negotiations
or sealed bids, and in both cases, the accredited parties shall be duly
notified.
i. Prescribe the use or adoption of the latest technological and electronic
devices, taking into account the situation prevailing in the area and the
funds available for the purpose: Provided, That the Commission shall notify
the authorized representatives of accredited political parties and
candidates in areas affected by the use or adoption of technological and
electronic devices not less than thirty days prior to the effectivity of the use
of such devices.
j. Carry out a continuing and systematic campaign through newspapers of
general circulation, radios and other media forms to educate the public and
fully inform the electorate about election laws, procedures, decisions, and
other matters relative to the work and duties of the Commission and the
necessity of clean, free, orderly and honest electoral processes.
k. Enlist non-partisan group or organizations of citizens from the civic, youth,
professional, educational, business or labor sectors known for their probity,
impartiality and integrity with the membership and capability to undertake a
coordinated operation and activity to assist it in the implementation of the
provisions of this Code and the resolutions, orders and instructions of the
Commission for the purpose of ensuring free, orderly and honest elections
in any constituency.
Such groups or organizations shall function under the direct and immediate
control and supervision of the Commission and shall perform the following
specific functions and duties:
A. Before Election Day:
1. Undertake an information campaign on salient features of this
Code and help in the dissemination of the orders, decisions
and resolutions of the Commission relative to the forthcoming
election.
2. Wage a registration drive in their respective areas so that all
citizens of voting age, not otherwise disqualified by law may
be registered.
3. Help cleanse the list of voters of illegal registrants, conduct
house-to-house canvass if necessary, and take the
appropriate legal steps towards this end.
4. Report to the Commission violations of the provisions of this
Code on the conduct of the political campaign, election
propaganda and electoral expenditures.
B. On Election Day:
1. Exhort all registered voters in their respective areas to go to
their polling places and cast their votes.
2. Nominate one watcher for accreditation in each polling place
and each place of canvass who shall have the same duties,
functions and rights as the other watchers of political parties
and candidates. Members or units of any citizen group or
organization so designated by the Commission except its lone
duly accredited watcher, shall not be allowed to enter any
polling place except to vote, and shall, if they so desire, stay
in an area at least fifty meters away from the polling place.
3. Report to the peace authorities and other appropriate
agencies all instances of terrorism, intimidation of voters, and
other similar attempts to frustrate the free and orderly casting
of votes.
4. Perform such other functions as may be entrusted to such
group or organization by the Commission.
The designation of any group or organization made in
accordance herewith may be revoked by the Commission
upon notice and hearing whenever by its actuations such
group or organization has shown partiality to any political
party or candidate, or has performed acts in excess or in
contravention of the functions and duties herein provided and
such others which may be granted by the Commission.
l. Conduct hearings on controversies pending before it in the cities or
provinces upon proper motion of any party, taking into consideration the
materiality and number of witnesses to be presented, the situation
prevailing in the area and the fund available for the purpose.
m. Fix other reasonable periods for certain pre-election requirements in order
that voters shall not be deprived of their right of suffrage and certain
groups of rights granted them in this Code.
Unless indicated in this Code, the Commission is hereby authorized for fix
the appropriate period for the various prohibited acts enumerated herein,
consistent with the requirements of free, orderly, and honest elections.
Sec. 53. Field offices of the Commission. - The Commission shall have the
following field offices:
1. Regional Election Office, headed by the Regional Election Director and
assisted by the Assistant Regional Director and such other subordinate
officers or employees as the Commission may appoint.
2. Provincial Election Office, headed by the Provincial Election Supervisor
and assisted by such other subordinate officers or employees as the
Commission may appoint.
3. City/Municipal Election Office, headed by the City/Municipal Registrar who
shall be assisted by an election clerk and such other employees as the
Commission may appoint.
The Commission may delegate its powers and functions or order the
implementation or enforcement of its orders, rulings, or decisions through the
heads of its field offices.
Sec. 54. Qualifications. - Only members of the Philippines Bar shall be eligible
for appointment to the position of regional director, assistant regional director,
provincial election supervisor and election registrar: Provided, however, That if
there are no members of the Philippine Bar available for appointment as election
registrar, except in cities and capital towns, graduates of duly recognized schools
of law, liberal arts, education or business administration who possess the
appropriate civil service eligibility may be appointed to said position.
Sec. 55. Office space. - The local government concerned shall provide a
suitable place for the office of the provincial election supervisor and his staff and
the election registrar and his staff: Provided, That in case of failure of the local
government concerned to provide such suitable place, the provincial election
supervisor or the election registrar, as the case may be, upon prior authority of
the Commission and notice to the local government concerned, may lease
another place for office and the rentals thereof shall be chargeable to the funds of
the local government concerned.
Sec. 56. Changes in the composition, distribution or assignment of field
offices. - The Commission may make changes in the composition, distribution
and assignment of field offices, as well as its personnel, whenever the exigencies
of the service and the interest of free, orderly, and honest election so require:
Provided, That such changes shall be effective and enforceable only for the
duration of the election period concerned and shall not affect the tenure of office
of the incumbents of positions affected and shall not constitute a demotion, either
in rank or salary, nor result in change of status: and Provided, further, That there
shall be no changes in the composition, distribution or assignment within thirty
days before election, except for cause and after due notice and hearing, and that
in no case shall a regional or assistant regional director be assigned to a region;
a provincial election supervisor to a province; or a city or municipal election
registrar to a city or municipality, where he and/or his spouse are related to any
candidate within the fourth civil degree of consanguinity or affinity as the case
may be.
Sec. 57. Measures to ensure enforcement. - For the effective enforcement of
the provisions of this Code, the Commission is further vested and charged with
the following powers, duties and responsibilities:
1. To issue search warrants after examination under oath or affirmation of the
complainant and the witnesses
2. To stop any illegal election activity, or confiscate, tear down, and stop any
unlawful, libelous, misleading or false election propaganda, after due
notice and hearing.
3. To inquire into the financial records of candidates and any organization or
group of persons, motu proprio or upon written representation for probable
cause by any candidate or group of persons or qualified voter, after due
notice and hearing.
For purposes of this section, the Commission may avail itself of the assistance of
the Commission on Audit, the Central Bank, the National Bureau of Investigation,
the Bureau of Internal Revenue, the Armed Forces of the Philippines, the
Integrated National Police of the Philippines, barangay officials, and other
agencies of the government.
Sec. 58. Disqualifications of members of the Commission. - The chairman
and members of the Commission shall be subject to the canons of judicial ethics
in the discharge of their functions.
No chairman or commissioner shall sit in any case in which he has manifested
bias or prejudice for or against or antagonism against any party thereto and in
connection therewith, or in any case in which he would be disqualified under the
Rules of Court. If it be claimed that the chairman or a commissioner is
disqualified as above provided, the party objecting to his competency may file his
objection in writing with the Commission stating the ground therefor. The official
concerned shall continue to participate in the hearing or withdrawn therefrom in
accordance with his determination of the question of his disqualification. The
decision shall forthwith be made in writing and filed with the other papers of the
case in accordance with the Rules of Court. If a disqualification should result in a
lack of quorum in the Commission sitting en banc, the Presiding Justice of the
Intermediate Appellate Court shall designate a justice of said court to sit in said
case for the purpose of hearing and reaching a decision thereon.
Sec. 59. Publication of official ballots and election returns and printing
thereof. - The Commission shall publish at least ten days before an election in a
newspaper of general circulation certified data on the number of official ballots
and election returns and the names and addresses of the printers and the
number printed by each.
