Powers and Functions of COMELEC (Administrative Code of (4) During the period of the campaign and ending

1987) thirty days thereafter, when in any area of the

country there are persons committing acts of
POWERS and FUNCTIONS of the Commission terrorism to influence people to vote for or against
on Elections any candidate or political party, the Commission
(As Provided by the Administrative Code of 1987) shall have the power to authorize any member
or members of the Armed Forces of the
In addition to the powers and functions conferred Philippines, the National Bureau of
upon it by the Constitution, the Commission on Investigation, the Integrated National Police
Elections has the exclusive charge of the or any similar agency or instrumentality of the
enforcement and administration of all laws relative government, except civilian home defense forces, to
to the conduct of elections, for the purpose of act as deputies for the purpose of insuring the
ensuring free, orderly, honest, peaceful and credible holding of a free, orderly, honest, peaceful, and
elections, as provided for by the Administrative credible elections;
Code of 1987.
(5) Publish at least ten (10) days before an
The Code provides the following, to wit: election in a newspaper of general circulation
certified data on the number of official ballots and
(1) Promulgate rules and regulations election returns and the names and address of the
implementing the provisions of the Omnibus printers and the number printed by each;
Election Code or other laws which the Commission is
required to enforce and administer; (6) Refuse, motu proprio or upon a verified
petition, to give due course to or cancel a
(2) Fix other reasonable periods for certain pre- certificate of candidacy if it is shown that said
election requirements in order that voters shall not certificate has been filed to put the election process
be deprived of their right of suffrage and certain in mockery or disrepute or to cause confusion
groups of rights granted them in the Omnibus among the voters by the similarity of the names of
Election Code; the registered candidates or by other circumstances
or acts which clearly demonstrate that the office
Unless indicated in the Omnibus Election Code, the which the certificate of candidacy has been filed and
Commission is hereby authorized to fix the thus prevent a faithful determination of the true will
appropriate period for the various prohibited acts of the electorate;
enumerated therein consistent with the
requirements of free, orderly, honest, peaceful, and (7) Postpone, motu proprio or upon verified
credible elections. petition and after due notice and hearing whereby
all interested parties are afforded equal opportunity
(3) Exercise direct and immediate supervision to be heard, the election to a date which should be
and control over national and local officials or reasonably be close to the date of the election not
employees, including members of any national or held, suspended or which resulted in a failure to
local law enforcement agency and instrumentality of elect but not later than thirty days after the
the government required by law to perform duties cessation of the cause for such postponement or
relative to the conduct of elections, it may authorize suspension of the election or failure to elect, when
CMT cadets, eighteen years of age and above to act for any serious cause such as violence, terrorism,
as its deputies for the purpose of enforcing its loss or destruction of election paraphernalia or
orders; [see People vs. Basilla, 179 SCRA 87] records, force majeure, and other analogous causes
the holding of a free, orderly, honest, peaceful, and
The Commission may relieve any officer or credible election should become impossible in any
employee referred to in the preceding paragraph political subdivision.
from the performance of his duties relating to
electoral processes who violates the election law or (8) Call for the holding or continuation of
fails to comply with its instructions, orders, election not held in any polling place where on
decisions or rulings, and appoint his substitute. account of force majeure, violence, terrorism, fraud
Upon recommendation of the Commission, the or other analogous causes the election has not been
corresponding proper authority shall suspend or held on the date fixed, or had been suspended
remove from office any or all of such officers or before the hour fixed by law for the closing of the
employees who may, after due process, be found voting, or after the voting and during the
guilty of such violation or failure. preparation and the transmission of the election
returns or in the custody or canvass thereof, such
election results in a failure to elect and in any of (13) Prescribe the forms to be used in the
such cases the failure or suspension of election election, plebiscite or referendum, recall or
would affect the result of the election. Such call initiative;
should be on the basis of a verified petition by any
interested party and after due notice and hearing, (14) Procure any supplies, equipment, materials
and the new date should be reasonably close to the or services needed for the holding of the election by
date of the election not held, suspended or which public bidding; but if it finds the requirements of
resulted in a failure to elect but not later than thirty public bidding impractical to observe, then by
(30) days after the cessation of the cause of such negotiations or sealed bids, and in both cases, the
postponement or suspension of the election or accredited parties shall be duly notified;
failure to elect.
(15) Prescribe the use or adoption of the latest
(9) Call a special election to elect the member to technological and electronic devices, taking into
serve the unexpired portion in case a vacancy arises account the situation prevailing in the area and
in the Senate or in the House of Representatives funds available for the purpose. The Commission
eighteen (18) months or more before a regular shall notify the authorized representatives of
election, to be held within sixty (60) days after theaccredited political parties and candidates in the
vacancy occurs; areas affected by the use or adoption of
technological and electronic devices not less than
(10) Summons the parties to a controversy thirty days prior to the effectivity of the use of such
pending before it, issue subpoena duces tecum and devices;
take testimony in any investigation or hearing
before it, and delegate such power to any officer of (16) Constitute a pool of standby-teachers from
the Commission who shall be a member of the which substitutes shall be drawn in case a
Philippine Bar. In case of failure of a witness to member/s of the Board of Election Inspectors who,
attend, the Commission, upon proof of service of for one reason or another, failed to report or refused
the subpoena to said witness, may issue a warrant to act as such on the day of the election.
to arrest the witness and bring him before the
Commission or the officer before whom his (17) Carry out a continuing systematic
attendance is required. campaign through newspapers of general
circulation, radio and other media forms to educate
Any controversy submitted to the Commission shall, the public and fully inform the electorate about
after compliance with the requirements of due election laws, procedures, decisions, and other
process, be immediately heard and decided by it matters relative to the works and duties of the
within sixty (60) days from the date of its Commission and the necessity of clean, free,
submission for decision or resolution. No decision orderly, honest, peaceful and credible electoral
or resolution shall be rendered by the Commission processes;
either en banc or by division unless taken up in a
formal session properly convened for the purpose. (18) Accredited non-partisan groups or
organizations of citizens from the civic, youth,
The Commission may, when necessary, avail itself of professional, education, business or labor sectors
the assistance of any national or local enforcement known for their probity, impartiality and integrity
agency and/or instrumentality of the government to with the membership and capability to undertake a
execute under its direct and immediate supervision coordinated operation and activity to assist it in the
any of its final decisions, orders, instructions or implementation of the provisions of the Omnibus
rulings. Election Code and the resolutions, orders and
instructions of the Commission for the purpose of
(11) Punish for contempt according to the ensuring free, orderly, honest, peaceful, and
procedure and with the same penalties provided, in credible elections in any constituency. Such groups
the Rules of Court. Any violation of any final and or organizations shall function under the direct and
executory decision, order or ruling of the immediate control and supervision of the
Commission shall constitute contempt thereof; Commission;

(12) Enforce and execute its decisions,
directives, orders and instructions which shall
have precedence over those emanating from any
other authority, except the Supreme Court and
those issued in habeas corpus proceedings;
(19) Conduct hearing on controversies pending
before it in the cities or provinces upon proper
motion of any party, taking into consideration the
materiality and number of witnesses to be
presented, the situation prevailing in the area and
the fund available for the purpose;

(20) Have exclusive jurisdiction over all pre-
proclamation controversies. It may motu proprio or
upon written petition, and other due notice and
hearing, order the partial or total suspension of the
proclamation of any candidate-elect or annul
partially or totally any proclamation, if one has been
made, as the evidence shall warrant.
Notwithstanding the pendency of any pre-
proclamation controversy, the Commission, may
motu proprio or upon filing of a verified petition and
after due notice and hearing, order the proclamation
of other winning candidates whose election will not
be affected by the outcome of the controversy.
(21) Have the exclusive power, through its duly
authorized legal officers, to conduct preliminary
investigation of all election offenses punishable
under the Omnibus Election Code and to prosecute
the same. The Commission may avail itself of the
assistance of the other prosecuting arms of the
Government: Provided, however, That in the event
that the Commission fails to act on any complaint
within four (4) months from its filing, the
complainant may file the complaint with the office of
the fiscal or with the Department of Justice for the
proper investigation and prosecution, if warranted;
and
(22) Perform such other functions as may be
provided by law.