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  • Powers of The COMELEC

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    The document outlines the constitutional mandate and powers of the Commission on Elections (COMELEC) in the Philippines. It discusses COMELEC's broad administrative, legislative, and quasi-judicial powers, including enforcing election laws, registering political parties, investigating offenses, and adjudicating election cases. COMELEC also has authority to promulgate its own rules of procedure and deputize other government agencies to assist in elections. Overall, the document provides an overview of COMELEC's extensive powers and responsibilities for administering elections in the Philippines.

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    Powers of the COMELEC

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    Powers of the COMELEC

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    The document outlines the constitutional mandate and powers of the Commission on Elections (COMELEC) in the Philippines. It discusses COMELEC's broad administrative, legislative, and quasi-judicial powers, including enforcing election laws, registering political parties, investigating offenses, and adjudicating election cases. COMELEC also has authority to promulgate its own rules of procedure and deputize other government agencies to assist in elections. Overall, the document provides an overview of COMELEC's extensive powers and responsibilities for administering elections in the Philippines.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    21 views2 pages

    Powers of The COMELEC

    Uploaded by

    ramtata
    The document outlines the constitutional mandate and powers of the Commission on Elections (COMELEC) in the Philippines. It discusses COMELEC's broad administrative, legislative, and quasi-judicial powers, including enforcing election laws, registering political parties, investigating offenses, and adjudicating election cases. COMELEC also has authority to promulgate its own rules of procedure and deputize other government agencies to assist in elections. Overall, the document provides an overview of COMELEC's extensive powers and responsibilities for administering elections in the Philippines.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 2

     

    Commission on Elections

    1. Constitutional Mandate

    a. Broad Powers
    b. Administrative, Legislative, Quasi-Judicial Powers
    c. Residual Powers
    d. Presumption of Regularity
    e. Authority of COMELEC Chairman
    f. COMELEC Code of Conduct

    2. Administrative Powers

    a. Enforce and Administer Election Laws


    a.1. Ensure Free, Orderly, Honest, Peaceful and Credible
    Elections
    a.2. Supervise the Conduct of Elections
    a.3. Supervise the Conduct of Plebiscite

    b. Decide All Questions Affecting Elections


    b.1. Control and Supervision over BEI and BOC
    b.2. Correction in the Statement of Votes

    c. Deputize Government Agencies and Instrumentalities


    c.1. Deputation of Law Enforcement Agencies
    c.2. Deputation of the Provincial and City Prosecutors

    d. Register Political Parties


    d.1. Ascertain Identity of Political Party
    d.2. Assess Qualifications for Registration
    d.3. Cancellation of Registration
    d.4. Intra-Party Dispute

    e. Investigate and Prosecute Election Offenses


    e.1. Finding of Probable Cause

    f. Supervise or Regulate the Enjoyment or Utilization of Franchises

    3. Quasi-Legislative Powers

    a. Authority to Promulgate Own Rules


    a.1. COMELEC Rules of Procedure Construed Liberally
    a.2. COMELEC Rules of Procedure May Be Suspended
    a.3. COMELEC Rules of Procedure; Retroactive Application
    a.4. Violation of COMELEC Rules of Procedure
    4. Quasi-Judicial or Adjudicatory Powers

    a. Election Cases
    a.1. Rule on Adherence of Jurisdiction
    b. Pre-Proclamation Cases
    c. Other cases:

    c.1. Deny Due Course to a COC and cancellation of COC


    c.2. Annul Proclamation
    c.3. Suspension of Proclamation
    c.4. Correction of Manifest Errors
    c.5. Declare Failure of Elections
    c.6. Call a Special Election

    b. COMELEC Proceedings
    b.1. Intervention
    b.2. Inhibition
    b.3. Consolidation of Cases
    b.4. Contempt

    c. COMELEC Decision

    c.1. Majority Vote
    c.2. Equally Divided Vote
    c.3. Finality of Decision
    c.4. Promulgation
    c.5. Judgment; Prescribed Period

    d. Motion for Reconsideration

    d.1. Final Order vis-à-vis Interlocutory Order


    d.2. Resolutions of a Division vis-à-vis Resolutions of the En
    Banc 
    f.3. Period to File

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