Art.

IX-C
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 practice of law for at least ten years.
2. The Chairman and the Commissioners shall be appointed by the President with the
consent of the Commission on Appointments for a term of seven 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.

A. Composition, Qualifications, appointment, term

- Chairman and 6 commissioners
- Commissioners are appointed by the Pres. With the consent of the
COAppointments for a term of 7 years without reappointment.
- The first appointees are given staggered terms of seven, five and three years also
without reappointment.
- By prescribing that the term of each Commissioner shall be seven years but that
of the Commissioner shall be seven years but that of the Commissioners first
appointed, three shall hold office for seven years, three for five years, and the last
three for three years, the result achieved is that at any one time only three
commissioners retire together.
- Since appointment to any vacancy is only for the unexpired portion of the term of
the predecessor, the regularity of the staggered rotational system remains
undisturbed even by vacancies occurring in mid-term.
- Is an Ad Interim Appointment of a Commissioner a prohibited temporary
appointment? Ad interim appointment is permanent in character. Is one made in
pursuance of par. 4, section 10, article VII of the Constitution, which provides
that the President shall have the power to make appointments during the recess
of the Congress, but such appointments shall be effective only until disapproval
by the Commission on Appointments or until next adjournment of the Congress.
It is an appointment permanent in nature, and the circumstance that it is subject
to confirmation by the Commission on Appointments does not alter its
permanent character. An ad interim appointment is disapproved certainly for a
reason other than that its provisional period has expired. Said appointment is of
course distinguishable from an acting appointment which is merely temporary,
good until another permanent appointment is issued.
 - If it is not, is a second ad interim appointment a prohibited reappointment? In
justifying the second ad interim appointment, the Court made a distinction
between a permanent appointment that has been confirmed by the Commission
on Appointments and a permanent appointment that has not been so confirmed,
as is the case of an ad interim appointment: The ad interim appointments and
subsequent renewals of appointments of Benipayo, Borra and Tuason do not
violate the prohibition on reappointments because there were no previous
appointments that were confirmed by the COA. This, however, is a distinction
not found in the Constitution. Art VII, section 16 simply says that the President
may make appointments during recess. Thus, a second ad interim appointment
can only be a reappointment. But then the court argued that, on the basis of the
Convention record, the purpose of the dual prohibition of temporary
appointment and of re-appointment was to prevent any body from serving
beyond 7 years. In sum, in the judgment of the court the prohibition of
reappointment is only of one who has been confirmed by the COA.
- Engaging in the practice of law, means engaging in any activity, in or out of
court, which requires the application of law, legal knowledge, training and
experience. To engage in the practice of law is to perform those acts w/c are
characteristics of the profession. Generally, to practice law is to give notice or
render any kind of service, which device or service requires the use in any degree
of legal knowledge or skill.

Sec. 2. The Commission on Elections shall exercise the following powers and functions:

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

2. Exercise exclusive original jurisdiction over all contests relating to the elections, returns,
and qualifications 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. Decisions, final orders, or rulings 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 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 to other requirements, must present their platform or program of
government; and accredit citizens' arms of the Commission on Elections. Religious
denominations and sects shall not be registered. Those which seek to achieve their goals
through violence or unlawful means, or refuse to uphold and 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, and, when accepted, shall be an additional ground for the cancellation of
their registration with the Commission, in addition to other penalties that may be
prescribed by law.

6. File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or
exclusion of voters; investigate and, where appropriate, prosecute cases of violations of
election laws, including acts or omissions constituting election frauds, offenses, and
malpractices.

7. Recommend to the Congress effective measures to minimize election spending, including

limitation of places where propaganda materials shall be posted, and to prevent and
penalize all forms of election frauds, offenses, malpractices, and nuisance 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 directive, order, or decision.

9. Submit to the President and the Congress, a comprehensive report on the conduct of
each election, plebiscite, initiative, referendum, or recall.
 A. Nature of the powers of the Commission

- COMELEC is an administrative agency. The powers it possesses are executive,

quasi-judicial and quasi-legislative.
- By exception, it has been given judicial power as sole judge of all contests relating
to the elections, returns and qualifications of all elective local officials.
- Judicial power is given to the Commission only in a limited way.
- COMELEC, cannot claim so called inherent powers of courts.
- The COMELEC has the power to review decisions of municipal courts on
municipal election contests.
- In cases where the COMELEC has appellate jurisdiction, what is the period for
making the appeal? Section 6, Art. IX of the 1987 Constitution grants and
authorizes the COMELEC to promulgate its own rules of procedure. The 1993
COMELEC rules of procedure have provided a uniform five day period for taking
an appeal.
- Among its quasi-legislative powers is the power to issue rules and regulations to
implement election laws.
- Moreover, should there be conflict between a rule of procedure promulgated by
the Commission and a rule of court, if the proceeding is before the Commission,
the Commission rule should prevail; but if the proceeding is in court, the Rules of
Court should prevail.

B. Historical Development of Commissions Administrative

powers: 1935-1987
- Extensive administrative powers must be deemed possessed also by the
COMELEC under the 1987 Constitution because of the broad language of Section
2 (1) granting authority to enforce and administer all laws and regulations
relative to the conduct of an election, plebiscite, initiative, referendum, and
recall, and of Section 2(3) granting authority 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.
- COMELEC has jurisdiction over cases involving plebiscites.

C. Section 2(2): Election Contests

- The Commission has been given by the Constitution exclusive original
jurisdiction over all contests relating to the elections, returns, and qualifications
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 brgy. Officials decided by trial courts of limited
jurisdiction.
- General rule: The proclamation of a congressional candidate divests COMELEC
of jurisdiction in favor of the proper electoral tribunal. This is true even if the
validity itself of the proclamation is questioned.
- Empowered by the Constitution to enforce and administer all laws and
regulations relative to the conduct of an election.
- COMELEC powers excludes jurisdiction over elections for the SK. Jurisdiction
over these is given to the Dept. of Local Govt.
- After proclamation, when the controversy should already be a contest in the
technical sense (i.e., defeated candidate seeks to oust the proclaimed winner and
claims the seat), the neat rule should be that the Tribunals and the courts should
have jurisdiction.
- The business of proclaiming candidates, w/c normally should be the dividing line
between a pre-proclamation controversy and a contest, is itself subject to election
laws w/c the COMELEC is bound to administer.
- Hence the power of the COMELEC to examine validity of proclamations and to
nullify or approve them according to its findings has been recognized.
- The broad discretion of the COMELEC, moreover, is subject to a review power of
the SC which has been narrowed within the limits of review by certiorari under
Rule 65.

D. Section 2(3): Powers not given

- It is not empowered to decide questions involving the right to vote
- The power to determine WON a person can exercise or is precluded from
exercising the right is a judicial question and the power to resolve such question
has been excluded from the Commissions powers. Section 2(6) places cases
involving inclusion or exclusion of voters under the jurisdiction of courts.
- Section 2 and 3, authorizing to make minor adjustments. The deliberations of the
Constitutional Commission on the subject clearly excluded the power to transfer
whole municipalities.
- Election cases must first be decided in division. Hence, the COMELEC en banc
may not decide an election case still pending before a division.
- A decision, resolution or ruling of a division is elevated to the COMELEC en banc.
However, while a motion to reconsider an interlocutory order of a division should
be resolved by the division w/c issued the interlocutory order, it may be referred
to the COMELEC en banc if all the members of the division agree.
- If a case w/c should go to the COMELEC en banc is erroneously filed w/ a
division, it may automatically be elevated to the COMELEC en banc. This is not
provided for in the COMELEC Rules of procedure, but such action is not
prohibited.

E. Section 2 (4): Deputizing law enforcement agencies

- The power of the Commission to deputize law enforcement agencies for the
purpose of ensuring free, orderly and honest elections is less than the one given
under the 1935 Constitution, w/c was independent of the executive.
- The present power can be exercised only with the concurrence of the president.
This in recognition of the fact that the officers who can be deputized belong to the
executive dept. and are under the jurisdiction of the Pres. As Commander in
chief. Thus, too, the Commission has no disciplinary powers over the officers it
may deputize. According to section 2 (8), all the Commission can do is
recommend disciplinary action to the president.

F. Section 2 (5): Registration of parties and organizations

- Authorizes the Commission to register political parties and organizations.
- 1987 Consti, however, has de-emphasized political parties and wherever political
parties are mentioned, they are lumped together w/ other organizations. It has
also done away with the constitutional concept of accreditation of political
parties.
- Section 2 (5), organizations other than political parties are allowed to register and
in Section 8, neither political parties nor other organizations are allowed
representation in registration boards, boards of inspectors and canvassers and
similar bodies.
- A political party or organizations acquires juridical personality by registration. A
political party or organization can choose to register or not to register.
- If it is duly registered, it acquires juridical personality; if it does not register, it is
a simple aggrupation of discrete individuals exercising the right of association,
but the association does not enjoy the benefits deriving from possession of
juridical personality. Moreover, an unregistered party or organization cannot
participate in the party-list system. It should also be added that the power of the
Commission to register includes the power to de-register.
- Registration, informs the people of the partys or organizations existence and of
its ideals, and it identifies the parties and its officers for purposes of regulation by
the COMELEC.
- Section 2(5) makes four exceptions: (1) Religious denominations and sects, (2)
those w/c seek to achieve their goals through violence or unlawful means, (3)
those w/c refuse to uphold and adhere to this Constitution and (4) those w/c are
supported by any foreign government.
- The prohibition of registration of religious denominations and sects means just
that; that is, it refers to religious organizations like the Catholic church, the
various protestant denominations and non Christian religions. It does not refer to
political parties w/c draw their inspiration from religious beliefs, such as the
Christian democrats or Christian social movement. Nor is the prohibition
intended to prevent priests or religious leaders from registering as candidates.
- Because there are some basic pre-requisites set down for registration which can
be grounds for dispute, registration is not a mere ministerial duty of the
Commission.

G. Section 2 (6): Prosecution of election offenses

 - Authorizes the Commission to investigate and prosecute violations of election
laws. This power has been recognized as exclusive and is evidently intended to
enable the Commission to insure free, orderly and honest elections.
- When the Commission acts as a prosecutor, its actions and decisions are subject
to the authority of the trial judge. Even after the Commission has decided that an
information be filed, a trial judge before whom the information is filed may still
order reinvestigation. The provision in Art IX, A, Sec.7 w/c says that decisions of
the Commissions may be brought to the SC on certiorari.
- The power of commission covers not just criminal cases but also administrative
cases.
H. Section 2 (7), (8) & (9): Recommendatory powers

Sec. 3. The Commission on Elections may sit en banc or in two divisions, and shall promulgate
its rules of procedure in order to expedite disposition of election cases, including pre-
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.

A. Commission decisions
- Whether the commission sits en banc or in division, decisions on any case or
matter are reached by majority vote. Rules may not require unanimity.
- Section 257 of the Omnibus Election code says that the COMELEC shall decide all
election cases brought before it within 90 days from the date of submission.
- Two important rules: (1) Motions for reconsideration are decided en banc; but a
decision en banc is required only when the subject for reconsideration is a
decision, that is, a resolution of substantive issues. Thus reconsideration of
dismissal based on lack of interest may be heard in division. (2) Election cases
are decided in division. Any decision by the Commission en banc as regards
election cases decided by it in the first instance is null and void.

Sec. 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 right to reply, including
reasonable, equal rates therefor, for public information campaigns and forums among
candidates in connection with the objective of holding free, orderly, honest, peaceful, and
credible elections.

A. Regulation of public utilities, media, franchises

- Transportation and other public utilities as well as mass media play a very
important role in elections and can be used to disrupt free, orderly and honest
elections.
 - Constitutional problems can arise from this power of the Commission principally
in the areas of due process, equal protection, and freedom of speech and press.
These are treated in their proper place under the Bill of rights.
- The power to regulate media is given to the COMELEC. Section 4 is a delegation
of rule making authority. Hence it is submitted that, should the law be repealed,
the COMELEC would still have the power to impose similar regulation.

Section 5. No pardon, amnesty, parole, or suspension of sentence for violation of election laws,
rules, and regulations shall be granted by the President without the favorable recommendation
of the Commission.

A. Pardons, etc.
- This provision is the same as that in the 1973 constitution except for the
specification that the recommendation of the Commission must be favorable.

Section 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.

Section 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 Constitution.

Section 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.

A. From two-party, to multi-party, to one-party, to multi-party system

- Commissioner Ople: A free and open party system means a disengagement from
the sterile two-party system of the past and the multi-party system will be
allowed to develop.
- Party-list system, discussed in Art VI, is meant to be an instrument for fostering
the multiparty system. And once again no political party or group is given
representation in electoral bodies.

Section 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.

A. Election period
- Refers to the period of time needed for administering an election. It can thus go
beyond the date for the casting of ballots. Section 9 sets it at 90 days before the
day of the election to 30 days thereafter. In special cases, the Commission is
authorized to fix a different period.
- Campaign period, refers to the period of active solicitation of votes. This may be
set by legislature for a period less than the election period.
- The campaign period for President, VP and Senators, 90 days before
the date of the election; for members of the House of Representatives
 and elective provincial and municipal, 45 days before the date of the
election; and for Barangay officials, 15 days before the date of
election.

Section 10. Bona fide candidates for any public office shall be free from any form of
harassment and discrimination.

A. Equal protection of candidates

- This provision is to be understood as having special reference to unaffiliated or
partyless bona fide candidates. Extending to them the equal protection of the law
is but a matter of elementary justice. If the state guarantees equal protection to
groups of individuals such as political parties, it is but logical that the same
protection be made available to individuals, separately, without discrimination in
any form.

Section 11. Funds certified by the Commission as necessary to 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.

A. Fiscal Autonomy
- this provision, together with the exemption of the Commission from pre-audit, should
help towards strengthening the independence of the Commission.

D. THE COMMISSION ON AUDIT

Section 1.
1. There shall be a Commission on Audit composed of a Chairman and two Commissioners,
who shall be natural-born citizens of the Philippines and, at the time of their
appointment, at least thirty-five years of age, Certified Public Accountants with not less
than ten years of auditing experience, or members of the Philippine Bar who have been
engaged in the practice of law for at least ten years, and must not have been candidates
for any elective position in the elections immediately preceding their appointment. At no
time shall all Members of the Commission belong to the same profession.

2. The Chairman and the Commissioners shall be appointed by the President

with the consent of the Commission on Appointments for a term of seven
years without reappointment. Of those first appointed, the Chairman shall hold
office for seven years, one Commissioner for five years, and the other Commissioner for
three years, without reappointment. Appointment to any vacancy shall be only for the
unexpired portion of the term of the predecessor. In no case shall any Member be
appointed or designated in a temporary or acting capacity.

A. Purpose, organization, composition, appointment

 - It is the function of the COA to examine the accuracy of the records kept and to
determine whether expenditures have been made in conformity with law and to
take corrective action when necessary.
- It is therefore through COA that the people can verify whether their money has
been properly spent.
- Composition: Chairman and 2 commissioners
- Reappointment and designation are absolutely prohibited.
Section 2.

1. The Commission on Audit shall have the power, authority, and duty to examine, audit,
and settle all accounts pertaining to the revenue and receipts of, and expenditures or
uses of funds and property, owned or held in trust by, or pertaining to, the Government,
or any of its subdivisions, agencies, or instrumentalities, including government-owned or
controlled corporations with original charters, and on a post- audit basis:

a. constitutional bodies, commissions and offices that have been

granted fiscal autonomy under this Constitution;

b. autonomous state colleges and universities;

c. other government-owned or controlled corporations and their

subsidiaries; and

d. such non-governmental entities receiving subsidy or equity, directly

or indirectly, from or through the Government, which are required
by law or the granting institution to submit to such audit as a
condition of subsidy or equity.

However, where the internal control system of the audited agencies is inadequate, the
Commission may adopt such measures, including temporary or special pre-audit, as are
necessary and appropriate to correct the deficiencies. It shall keep the general accounts
of the Government and, for such period as may be provided by law, preserve the
vouchers and other supporting papers pertaining thereto.

2. The Commission shall have exclusive authority, subject to the limitations in this Article,
to define the scope of its audit and examination, establish the techniques and methods
required therefor, and promulgate accounting and auditing rules and regulations,
including those for the prevention and disallowance of irregular, unnecessary, excessive,
extravagant, or unconscionable expenditures or uses of government funds and
properties.
 A. Powers and functions
1. To examine and audit all forms of government revenues
2. To examine and audit all forms of government expenditures
3. To settle government accounts
4. To define the scope and techniques for its own auditing procedures
5. To promulgate accounting and auditing rules including those for the
prevention and disallowance of irregular, unnecessary, excessive,
extravagant or unconscionable expenditures
6. To decide administrative cases involving expenditure of public funds
- The auditing authority of the Commission over government-owned corporations
extends only to those with original charter.
- Where the internal control system of the audited agencies is inadequate, the
Commission may adopt such measures, including temporary or special pre-audit,
as are necessary and appropriate to correct the deficiencies. Moreover, even in
cases where pre-audit is allowed and pre-audit has already been performed, the
Commission is not stopped from making a post-audit.
- The provision on post-audit is a recognition of the fact that there are certain govt
institutions w/c can be hampered in their operation by pre-audit requirements.
- The power of the COA to settle government accounts has reference only to
liquidated claims and not to unliquidated claims.
- COA can decide money claims based on law, if a money claim is denied by a law,
COA has no authority to pass judgment on the constitutionality of the law.
- The duty to settle account and order payment may also come from an order of the
CSC that backwages are due a person who has been illegally dismissed. The COA
may not countermand such order. Back wages are not an irregular, unnecessary,
excessive or extravagant expense.
B. Private Auditors
-
C. Review of Commissions decision
- The review power of the SC over decisions of the Commission is the same as that
over the COMELEC, the limited certiorari power under RULE LXV of the Rules
of court.
- Moreover, the jurisdiction of the SC over the commission is on money matters
and not over decisions on personnel movements. Neither is it the task of the SC
to review a commission opinion on tax liability.

Sec. 3. No law shall be passed exempting any entity of the Government or its subsidiaries in any
guise whatever, or any investment of public funds, from the jurisdiction of the Commission on
Audit.

Sec 4. The Commission shall submit to the President and the Congress, within the time fixed by
law, an annual report covering the financial condition and operation of the Government, its
subdivisions, agencies, and instrumentalities, including government-owned or controlled
corporations, and non-governmental entities subject to its audit, and recommend measures
necessary to improve their effectiveness and efficiency. It shall submit such other reports as may
be required by law.