Law on Elections  Reason: ensure continuity in the expertise and work of the

Commission
Chapter 1 Introduction
1.01 Omnibus Election Code( PB 881)- basic law on elections
- COMELEC is tasked w/ enforcing election laws
1.02 Elections, generally
- The embodiment of the popular will, the expression of the sovereign
power of the people
- The choice of candidates to public office by popular vote
- From depositing of ballots to certification of results
- “any election” used in Consti includes all election in the country
o REGULAR election- election participated in by those who possess
the right of suffrage, not disqualified by law and are registered
voters
o SPECIAL election- held when there is a failure of election on the
scheduled date of regular election in a particular place or which is
conducted to fill up certain vacancies, as provided by law
1.03 Purpose of election: prevent / minimize election frauds
- To enable the electorate direct participation to choose the persons who
would run their gov’t
- Primal feature of the law is to allow people to vote freely for whom he
pleases
- Pangandaman v Comelec – the purpose of statutes governing election is
to protect the integrity of elections to suppress all evils that may violate
its purity & defeat the will of the voters.
 1st Commissioners
o 3 shall hold office for 7 years
o 3 for 5 years
o 3 for 3 years
 2 conditions (both indispensable)
1. That the terms of the first commissioner (including the
chairman) should start on a common date
2. That any vacancy due to death, resignation or disability before
the expiration of the term should only be filled for the
unexpired balance of the term
2.05 Measures designed to make the Commission independent
1. The chairman and commissioner are given fixed terms, without
reappointment
2. Their salaries shall not be decreased during their continuance
in office
3. They shall not, during their tenure in office, engage in practice
of any profession or in the management of any business, or be
financially interested directly or indirectly in any contract with,
or in any franchise or privilege granted by, the Government, or
any subdivision, agency or instrumentality thereof, including
GOCC
4. They can only be removed from office on impeachment for and
conviction of, culpable violation of the Constitution, treason,
bribery, other high crimes, or graft and corruption

CHAPTER II 2.06 Powers, generally

THE COMMISSION ON ELECTIONS COMELEC composed of:
- Chairman
2.04 Commission on Elections as independent body - 6 commissioners
COMELEC o Requirements:
 Constitutional agency with the task of insuring free, orderly and  Natural born citizen
honest elections  At least 35 years old
Rotational plan in the appointment to the Commission  Holders of a college degree

Kim Raisa O. Uy
Ateneo Law School 2012
 
Must not have been candidates for any elective
position in the immediately preceding elections
 Members of the Philippines who have been
engaged in the practice of law for at least 10 years
**check your codal Article IX-C!!! or check page 604
2.07 To enforce and administer election laws
 The commission’s general power of administration, enforcement,
and supervision of all laws relative to conduct of elections is the
well spring that provides the necessary safeguards and remedies
against election frauds that the election laws failed to provide
 The commission has no competence to act outside the statues and
administrative orders issued
 Scope of activities is circumscribed by the election laws and the
Constitution
2.08 To adopt means to insure free, honest and orderly elections
 Purity of the elections is one of the most fundamental requisites of
popular government
 COMELEC must have a considerable latitude in adopting means and
methods that will insure the accomplishment of promoting a free,
orderly, and honest elections
 The choice of means taken by the COMELEC, unless they are clearly
illegal or constitute grave abuse of discretion, should not be
interfered by the SC
 Court should accord the greatest measure of presumption of
regularity to its course of action and choice of means in performing
its duties
2.09 To exercise adjudicatory and administrative power
 COMELEC has adjudicatory or quasi-judicial power as well as
administrative duty
 Quasi-judicial
o Investigation of facts, or the ascertainment of the existence
of facts, holding hearing and drawing conclusions from the,
as basis for official action and to exercise discretion
 Original and appellate jurisdiction
Kim Raisa O. Uy
Ateneo Law School 2012
o Original: Exercise exclusive original jurisdiction over all
contests relating to the elections, returns and qualification
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
o Appellate: COMELEC may issue the extraordinary writs of
certiorari, prohibition and mandamus in aid of its 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
Administrative power of COMELEC
- Includes all administrative matter
- Administrative
o Administration, especially management, as by managing or
conducting, directing or superintendent, the execution,
application or conduct of persons or things, which does not
entail an opportunity to beard, the production and
weighting of evidence, and a decision or resolution
2.10 Jurisdiction of COMELEC in division; en banc
Constitution
- COMELEC may sit en banc or in 2 divisions
- All election cases shall be heard and decided in division
- MR of said decisions shall be decided by Commission en banc
COMELEC division
- Authority to hear and decide election cases in the first instance
- Exceptions to the rule that election cases be first heard and decided
by COMELEC in division:
o Purely administrative case
 Corrections of errors in the tabulation or tally of
results by the board of canvassers
 Correction of manifest errors by the board of
canvassers
 Registration of voters
 o Required number of votes to reach a decision, resolution,
order or ruling is not obtained in the division
COMELEC En Banc
- have exercise exclusive jurisdiction only on MR or decision of the
COMELEC in division
- Does not have the authority to hear and decide election cases in the
first instance (or else, such decision is null and void)
- Postponement, declaration of failure of election and the calling of
special elections
- Has the power to prosecute election cases (can conduct preliminary
investigation)
2.11 Jurisdiction over petition for disqualification
 Petitions for disqualification and election protest of barangay
officials
o Original: MTC
o Appellate: COMELEC
- Petitions for DISQUALIFICATION of municipal, provincial, city,
congressional, senatorial, VP and presidential officials
o Filed before the election and not finally decided before the
election: COMELEC has to continue to hear and resolve after
the election
o Filed after the election: COMELEC no longer has jurisdiction,
but it may refer the case to its Law Department for
preliminary investigation
N.B. mere filing of a petition of disqualification before the election is not a
ground to suspend the proclamation of the winning candidate
2.12 Votes required in adjudication of election cases
 Division: 2-1 decision is valid
 En banc: where there are only 5 members of the Commission, the
vote of 3 members to affirm the 2-12 decision is valid
Where the COMELEC en banc is equally divided in opinion or the necessary
majority vote cannot be had, the case will be reheard
- Still no decision is reached – the action originally commenced in the
COMELEC is dismissed
Kim Raisa O. Uy
Ateneo Law School 2012
- Appealed cases – judgment or order appealed from shall stand
affirmed
- Incidental matters – petition or motion shall be denied
2.13 Petition for review to SC
GR: any decision, order or ruling of the COMELEC en banc in the exercise of
its quasi-judicial functions may be brought to the SC on certiorari (Rule 64
and 65) within 30 days from receipt of copy
COMELEC Division
MR
COMELEC En Banc
MR
SC
- Where the COMELEC division has committed grave abuse of
discretion in issuing an interlocutory order relative to an action
pending before it – aggrieved party may file a relief to the SC under
Rule 65
2.14 To exercise appellate jurisdiction and to issue writs
- COMELEC has exclusive appellate jurisdiction over all contests
involving elective municpal officials decided by trial courts of
general jurisdiction (RTC) as well as those involving elective
barangay officials decided by trial courts of limited jurisdiction
(MTC)
2.15 To exercise limited authority regarding barangay elections
- COMELEC has no jurisdiction over protests involving Katipunan ng
mga barangay (composed of popularly elected punong branagay)
o COMELEC’s authority is limited by law to supervision of the
election
 - COMELEC exercises only appellate jurisdiction over election
contests involving elective barangay officials decided by MTC
2.16 To decide all questions affecting elections
- COMELEC’s power to 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
- Has the power to see to it that the elections are held in a clean and
orderly manner and it may decide all questions affecting the
elections and had original jurisdiction on all matters relating to
election returns, including the verification of the number of votes
received by opposing candidates in the election returns
2.17 To exercise supervision and control over election officials
- COMELEC exercises 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
- Also has the power to review, modify, or set aside any act of such
national and local officials which the Commission may find fit to do
so
- Has the power to see to it that officers performing administrative
functions connected with elections shall comply with the duties
assigned to them
- Can suspend or remove officials or employees from office
2.18 To supervise and control bards of election inspectors and canvassers
- COMELEC exercises immediate supervision and control over the
boards of election inspectors and canvassers, and can require that
the latter perform their functions
2.19 To relieve election inspectors and canvassers and substitute them
- Members of the boards of election inspectors and canvassers are
election officials, hence, any vacancy, temporary or permanent, can
be filled only by the Commission, from:
Kim Raisa O. Uy
Ateneo Law School 2012
o Those expressly mentioned by law
o If not available, Commission can appoint those outside of
what the law enumerates
- Includes the power to relieve any member for cause and to appoint
a substitute
2.20 To suspend or annul canvass and proclamation
- Commission has the power to annul an illegal canvass and an illegal
proclamation, as well as authority to suspend the canvass, or the
proclamation of winning candidates
- Commission is without power to annul or suspend the effects of
proclamation without notice or hearing
2.21 To annul registry list of voters; determination of right to vote
- Commission has the power to decide administrative questions
concerning the registration of voters, which includes the power to
annul illegal registry lists of voters
- Determination of the right to vote is outside the Commission’s
jurisdiction
- Questions concerning the right to vote, which are within the
competence of the courts, refers to the administration of whether
or not a person can exercise or is precluded from exercising the
right of suffrage
2.22 To register political parties; decide leadership
- Commission has the exclusive power to register political parties
- Also the power to require candidates to specify in their certificates
of candidacy their political party affiliation, allow political parties to
appoint watchers, limit their expenditures, and determine whether
their registrations should be cancelled in appropriate proceedings
- Include the jurisdiction to resolve issues of political leadership in a
political party, and to ascertain the identity of political party and its
legitimate officers
2.23 To investigate and prosecute election offenses
  The Commission has the exclusive authority to investigate and, if
warranted, prosecute before the regular courts election offenses,
whether committed by public officers or private persons
 Reason: to divest the COMELEC of the authority to investigate and
prosecute offenses committed by public officials in relation to their
office would seriously impair its effectiveness in achieving this clear
constitutional mandate
 Election offenses committed by election officials in relation to their
office can only be investigated and prosecuted by the Commission,
not by the Ombudsman, and the same can be tried only before the
regular courts, not the Sandiganbayan
 Power of the Commission to conduct preliminary investigation in
cases involving election offenses for the purpose of helping the
Judge determine probable cause and for filing an information in
court is exclusive with the Commission
2.24 To subpoena and to grant immunity from suit
 In the exercise of its powers, the Commission has the authority to
issue subpoena and grant immunity from criminal prosecution
o Limitation: right against self-incrimination
2.25 To punish for contempt
 The Commission has the power to cite for contempt a person for
contemptuous act as provided in the Rules of Court and impose the
appropriate penalties as prescribed
 Commission can have the authority to punish for contempt only
when it is exercising judicial or quasi-judicial functions and does not
have that power when it is discharging its administrative or
ministerial functions
2.26 To make adjustments in reapportionment of districts
 COMELEC is empowered to make minor adjustments of the
reapportionment
 The number of members apportioned to the province out of which
such new province was created or where the city, whose
population has so increased, is geographically located shall be
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Ateneo Law School 2012
correspondingly adjusted by the COMELEC but such adjustment
shall not be made within 120 days before the election
 Limitation: cannot transfer a municipality from one congressional
district to another
2.27 To recommend administrative disciplinary sanctions
 The COMELEC may recommend disciplinary action against any
officer deputized by it to help in the enforcement of election laws,
who fails to comply with its instructions or violates any election law
 Before making such recommendation, it must first satisfy itself that
there is indeed infraction of law or of its directives, and may thus
conduct an administrative inquiry for such purpose
2.28 To act as board of canvassers for senators
 Chairman and members of COMELEC sitting en banc shall be the
National Board of Canvassers for the election of senators
 This power is only ministerial
 The canvassers are to be satisfied of the genuineness of the returns
2.29 To issue rules and regulations
 1987 Constitution empowers COMELEC to issue rules and
regulations
 Omnibus Election Code also empowers the COMELEC to issue rules
and orders to implement the said code
o Effectivity: 7th day after publication in the OG or in at least 2
daily newspapers of general circulation in the Philippines
o Orders and directives issued by the Commission shall be
furnished by personal delivery to all parties concerned
within 48hours from date of issuance and shall take effect
immediately upon receipt unless a later date is specified