MARK ANTHONY G.

TURQUEZA
IC-JD5

RESEARCH EXERCISE:
ADMINISTRATIVE ORDERS

THESIS TOPIC: AN ANALYSIS TO THE POLITICAL TURNCOATISM IN THE

PHILIPPINES

I.

NAME OF ADMINISTRATIVE AGENCY

COMMISSION ON ELECTIONS
The Commission on Elections (COMELEC) is the premier guardian of the ballot.
Its principal role is to enforce and administer all laws and regulations relative to the
conduct of elections, plebiscites, initiatives, referendums and recalls. The periodic
political exercises give meaning to our declaration in the Constitution that "Sovereignty
resides in the people and all government authority emanates from them."

II. SEAL

III.

CHARTER/RELEVANT (HISTORICAL /FOUNDATION) LAWS

HISTORICAL BACKGROUND

The Executive Bureau

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Before the creation of the Commission, supervision over the conduct of elections
was vested in the Executive Bureau, an office under the Department of Interior and later
directly vested in the Department itself when the Executive Bureau was abolished.
There was, however, general dissatisfaction over the manner in which elections
were conducted under the supervision of the Secretary of the Interior. There was
growing suspicion that Secretaries of the Interior administered election laws not for the
purpose of securing honest and free elections, but to serve the political interest of the
party in power to which they belonged. They were never entirely free from suspicion of
acting with partisan bias.
The close official relationship between the president and the Secretary of the
Interior bred suspicion that elections served the incumbent Secretary's political interest.
The Secretary of the Interior was directly responsible to the President and his tenure of
office was dependent not only on the pleasure of the President, but also upon the
President's own continuance in office. This set-up only induced increasing distrust in the
verdict at the polls.
Statutory Commission
The situation impelled the National Assembly to propose the creation by
constitutional amendment of a Commission on Elections composed of a Chairman and
two members to take over the functions of the Secretary of the Interior relative to
elections.
By constitutional amendment ratified by the Filipino people in a plebiscite held on
June 17, 1940, all functions heretofore exercised by the Secretary of the Interior relative
to the conduct of elections were transferred to the Commission. However, as the
amendment could not be made effective in time for the 1940 elections, the National
Assembly through Commonwealth Act No. 607 created a statutory Commission on
Elections, giving thereto the same powers which the Commission would have under the
Constitution. The act became effective upon its approval on August 22, 1940. The

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Commission immediately functioned on September 14, 1940, and supervised the

December 10, 1940 elections.
Constitutional Commission
The constitutional amendment creating the Commission was finally approved on
December 2, 1940. On June 21, 1941, the Commonwealth Act No. 657 was enacted
reorganizing the Commission as a constitutional body. The members of the statutory
Commission continued as member of the constitutional Commission. The subordinate
personnel, records, documents, and property together with its unexpected balance in the
appropriation were likewise transferred to the newly-organized Commission.
The Chairman and Members of the Commission had a term of nine years each - a
member being replaced every three years- except those first appointed who were given
nine, six and three-years terms, respectively.
The 1973 Constitution enlarged the membership of the Commission from three to
nine but reduced their term of office from nine to seven years.1
1987 Constitution Article IX: Constitutional Commissions
Omnibus Election Code Batas Pambansa Blg. 881
Executive Order No. 50 - Providing for the General Registration of Voters for the
Plebiscite on the Proposed Constitution
Executive Order No. 134 Enabling Act for the elections for Members of
Congress on May 11, 1987, and for other purposes
Executive Order No. 270 - Amending Proclamation No. 94 providing for the
Holding of Local Elections pursuant to the second paragraph of Section 1, Article
XVIII of the 1987 Constitution, and Appropriating Funds therefor
1 Team, C. W. (n.d.). Official COMELEC Website :: Commission on Elections. Retrieved November 01,
2016, from http://www.comelec.gov.ph/?r=AboutCOMELEC/HistoricalBackground

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Executive Order No. 292 - Instituting The "ADMINISTRATIVE CODE OF

1987", Book V, Title I - Constitutional Commissions, Subtitle C - Commission on
Elections
Republic Act No. 7941 - An Act providing for the election of Party-list
Representatives through the Party-list system, and appropriating funds therefor
Republic Act No. 9369 - An Act Amending Republic Act No. 8436, Entitled "An
Act Authorizing the Commission on Elections to Use an Automated Election
System in the May 11, 1998 National or Local Elections and in Subsequent
National and Local Electoral Exercises, to Encourage Transparency, Credibility,
Fairness and Accuracy of Elections, Amending for the Purpose Batas Pambansa
Blg. 881, as Amended, Republic Act No. 7166 and Other Related Election Laws,
Providing Funds Therefor and for Other Purposes"

IV.

GOVERNMENT MANDATED FUNCTIONS

COMELEC MANDATED FUNCTIONS
The COMELEC is mandated with the following functions:
1. Enforce and administer all laws and regulations relative to the conduct of and
elections, 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 official decided
by trial courts of limited jurisdiction.

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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 purposes of ensuring free, orderly, honest, peaceful credible
elections.
5. Register, after sufficient publication, political parties, organizations, of coalitions
which, in addition to other requirements, must present their platform or program of
government; and accredit citizens arms of the Commission on Elections.
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 elections 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
candidates.
8. Recommend to the President the removal of any officer of 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.2

2 Team, C. W. (n.d.). Official COMELEC Website :: Commission on Elections. Retrieved November 01,
2016, from http://www.comelec.gov.ph/?r=AboutCOMELEC/MandatedFunctions

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V.

SCOPE AND LIMITATIONS OF POWER

1987 CONSTITUTION ARTICLE IX: CONSTITUTIONAL COMMISSIONS
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.

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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.

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

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inspectors, boards of canvassers, or other similar bodies. However, they shall be entitled to
appoint poll watchers in accordance with law. 3

VI.

DESIGNATION OF HEAD OF AGENCY/COMPOSITION

There shall be a Commission on Elections composed of a Chairman and six
Commissioners. (Sec. 1, Article IX of the Philippine Constitution)

QUALIFICATIONS, HOW APPOINTED, EQUIVALENT RANK, TERM

ARTICLE IX OF THE PHILIPPINE CONSTITUTION
COMMISSION ON ELECTIONS

Section 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.
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.
3 Team, C. W. (n.d.). Official COMELEC Website :: Commission on Elections. Retrieved November 01,
2016, from http://www.comelec.gov.ph/?
r=References/RelatedLaws/Constitution/1987Constitution/Article9

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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.4

VIII. NAME OF CURRENT HEAD/S

The current membership of the COMELEC is headed by Honorable Chairman

Andres

D.

Bautista.

Completing

the

composition

are

Honorable

Commissioners Christian Robert S. Lim, Al A. Parreo, Luie Tito F. Guia , Arthur D.

Lim, Ma. Rowena Amelia V. Guanzon, Sheriff M. Abas. 5

IX.

QUASI-LEGISLATIVE POWERS

The powers and functions of the COMELEC, conferred upon it by the 1987 Constitution
and the Omnibus Election Code, may be classified into administrative, quasi-legislative,
and quasi-judicial. The quasi-judicial power of the COMELEC embraces the power to
resolve controversies arising from the enforcement of election laws, and to be the sole
judge of all pre-proclamation controversies; and of all contests relating to the elections,
returns, and qualifications. Its quasi-legislative power refers to the issuance of rules and
regulations to implement the election laws and to exercise such legislative functions as may
expressly be delegated to it by Congress. Its administrative function refers to the
4 Ibid.
5 Team, C. W. (n.d.). Official COMELEC Website :: Commission on Elections. Retrieved November 01,
2016, from http://www.comelec.gov.ph/?r=AboutCOMELEC/CommissionMembers/CommGuanzon

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enforcement and administration of election laws. In the exercise of such power, the
Constitution (Section 6, Article IX-A) and the Omnibus Election Code (Section 52 [c])
authorize the COMELEC to issue rules and regulations to implement the provisions of the
1987 Constitution and the Omnibus Election Code.6
DECISIONS PROMULGATED PURSUANT TO QUASI-LEGISLATIVE POWERS OF
COMELEC
a) In GMA Network vs. Commission on Elections,7 the Comelecs quasi-legislative power,
which it may exercise hand in hand with its power to administer and enforce election laws,
refers to its power to issue rules and regulations to implement these election laws. In the
exercise of quasi-legislative power, administrative law distinguishes between an
administrative rule or regulation (legislative rule), on the one hand, and an administrative
interpretation of a law whose enforcement is entrusted to an administrative body
(interpretative rule), on the other.
Legislative rules are in the nature of subordinate legislation and, as this label connotes, are
designed to implement a law or primary legislation by providing the details of the law.
They usually implement existing law, imposing general, extra-statutory obligations
pursuant to the authority properly delegated by Congress and reflect and effect a change in
existing law or policy that affects individual rights and obligations. 14cralawred
A subset of legislative rules are interpretative rules that are intended to interpret, clarify
or explain existing statutory regulations under which the administrative body operates.
Their purpose or objective is merely to construe the administered statute without regard to
any particular person or entity that may be covered by the law under construction or
interpretation.15 Understood along these lines, it becomes easy to grasp that the

6 Bedol v. Commission on Elections, G.R. No. 179830, 3 December 2009.

7 G.R. No. 205357, September 02, 2014

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requirements of prior notice and hearing, unless expressly required by legislation or by the
rules, do not apply to them.
CONTACT INFORMATION

Agency: NATIONAL HOUSING AUTHORITY

Address:Quezon Memorial, Elliptical Road, Diliman 1100, Quezon City
NHA Trunkline: (+63)(02) 790-0800
Website:http://www.nha.gov.ph

PERTINENT MATERIALS ABOUT THE AGENCY/PROVISION

PRESIDENTIAL DECREE 757 (31 July 1975)

REPUBLIC ACT NO. 7279 (24 March 1992)
REPUBLIC ACT 7835 (08 December 1994)
PRESIDENTIAL DECREE NO. 957
PRESIDENTIAL DECREE No. 1344