Commission on Election

Commission on Elections

COMELEC is the principal government agency tasked by the Constitution to enforce and
administer all laws and regulations concerning the conduct of regular and special elections. It is a
body that is designed to be constitutionally independent from the executive, legislative and
judicial branches of government to ensure the conduct of free, fair and honest elections.
Section 1:
 • Chairman and six Commissioners
• natural-born citizens of the Philippines
• at least thirty-five years of age
• holders of a college degree
• shall be members of the Philippine Bar who have been engaged in the practice of law for
at least ten years.

Powers and Functions of Comelec

Enforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall.
• Exercise exclusive control over all votes, returns and credentials competitions in all elective
regional, municipal and city authorities.
• Appellate authority over all elections for local officials determined by general jurisdiction trial
courts or elective barangay officials decided by special jurisdiction trial courts.
• The Commission's decisions, final directives, or rulings on election contests concerning elective
municipal and barangay offices are final, executory, and irreversible.
 Powers and Functions of Comelec

• Make decisions on all issues surrounding voting, except those including the right to
vote, such as the number and location of polling stations, the selection of election
officers and monitors, and voter registration.
• Deputize law enforcement agencies and government instrumentalities, as the Armed
Forces of the Philippines, with the President's approval, for the sole purpose of ensuring
open, orderly, fair, safe, and reliable elections.
• Register political parties, organisations, or coalitions that, among other things, must
propose their agenda or program of government; and accredit citizens' arms of the
Commission on Elections after proper dissemination.
• Financial donations by foreign governments and their entities to political parties,
organisations, coalitions, or candidates in connection with elections are considered
interference in domestic relations and, if approved, will result in the cancellation of
their registration with the Commission, in addition to all other sanctions imposed by
statute.
Section 3

The Commission on Elections meet en banc or in two divisions, and it must establish rules of
procedure to speed up the resolution of election proceedings, including pre-proclamation
controversies. Both such election cases will be heard and resolved in the division, except
motions for reconsideration of rulings, heard and decided by the Commission en banc.

Section 4

During the election period, the Commission has the authority to supervise or regulate the
enjoyment or use of all franchises or permits for the operation of transportation and other public
utilities, media of communication or information, and all grants, special privileges, or concessions
granted by the government or any subdivision, agency, or instrumentality thereof, including any
government-owned or controverted property. To conduct open, orderly, truthful, peaceful, and
reliable elections, any oversight or legislation must seek equal opportunity and, therefore, equal
prices for public awareness campaigns and platforms among candidates.
Section 5

The President does not issue a pardon, immunity, parole, or termination of sentence for
violations of electoral laws, statutes, and regulations until the Commission recommends it.

Section 6

Subject to the terms of this Article, a free and open party structure shall be permitted to
develop according to the people's free option.

Section 7

Except for those enrolled under the party-list system given in this Constitution, no votes cast in
support of a political party, association, or alliance shall be legitimate.

Section 8

Political groups, associations, or coalitions registered under the party-list scheme are not allowed to be
represented on voter registration boards, election auditor boards, canvasser boards, or other related
bodies. They would, however, be able to name poll watchers in compliance with the constitution.
Section 9
The voting cycle begins ninety days before the election day and ends thirty days
after unless the Commission specifies otherwise under exceptional circumstances.
Section 10
Any intimidation or bigotry against genuine applicants for public office is prohibited.
Section 11
Funds certified by the Commission as required to cover the costs of conducting
general and special elections, plebiscites, campaigns, referenda, and recalls shall be
included in regular or special budgets and issued immediately upon certification by
the Chairman of the Commission.