COMMISSION ON ELECTIONS (COMELEC)
Enforce and administer all laws and
Task: to ensure that there be a free,
orderly, honest, peaceful and credible
elections. Thus, to be more effective in
executing its functions, it has to be
independent.
Art. 9-C, Sec. 1: Composition of COMELEC
- Chairman
- 6 Commissioners
Art. 9-C, Sec. 1: Qualifications
1. Natural born citizens of the PH
2. at least 35 years of age
3. holders of a college degree
4. must not be a candidate for any
elective positions in the
immediately preceding elections
5. members of the Philippine Bar
who have been engaged in the
practice of law for at least ten
years (for majority members
including the Chairman)
Cayetano v. Monsod:
Art. 9-C, Sec. 2: Appointment
Chairman and Commissioners shall be
appointed by the President with the
consent of Commission on Appointments.
Term: 7 years without reappointment
- 3 members - 7 years
- 2 members - 5 years
- 2 members - 3 years
In case of vacancy: only be for the
unexpired term of the predecessor. Any
member be appointed or designated in a
temporary or acting capacity
COMELEC is a collegial body, it acts must be
decided by the members of the body and
not only by the Chairman. Acts solely for
the Chairman: Under the Revised
Administrative Code. COMELEC Chairman
is the sole officer specifically vested with
the power to transfer or reassign COMELEC
personnel pursuant to COMELEC
Resolution NO 3300 (doesn’t require the
concurrence of COMELEC as a collegial
body in every transfer or reassignment of
COMELEC personnel, for it will render the
resolution meaningless in securing a
second approval for the COMELEC En
Banc).
Art. 9-C, Sec. 2: Powers and Functions of
the COMELEC
ENFORCEMENT OF ELECTION LAWS:
COMELEC may resort to augmentation
regulations relative to the conduct of an
election, plebiscite, initiative, referendum
and recall.
- Primordial role that the
COMELEC plays in electoral
exercises.
- Every election is distinct and
requires different guidelines in
order to ensure that the rules are
updated to respond to existing
circumstances that’s why
COMELEC issues various
resolutions prior to every local or
national elections.
- Montejo v. COMELEC, 242 SCRA 515
Loong v. COMELEC, 305 SCRA 379: R.A No.
8436 - Congress obviously failed to provide
a remedy where the error in counting is not
machine-related for human foresight is not
all seeing.
Sarangani v. COMELEC, 334 SCRA 379: The
COMELEC may rightfully writeoff inexistent
or “ghost precincts”
The rule that factual findings of
administrative bodies will not be disturbed
by courts of justice except when there is
absolutely no evidence or no substantial
evidence in support of such findings should
be applied with greater force when it
concerns the COMELEC.
Sec 12 or 78 of the Omnibus Election Code
or Sec 40 of the Local Government Code -
legal duty to cancel the COC and no need
to wait for a petition for cancelation to be
filed of anyone not allowed by the law to
run for public office. Just like anyone
suffering from the accessory penalty of
perpetual special disqualification to run for
public office by a virtue of final judgment
of conviction. This is part of the
enforcement and administration of “all
laws” relating to conduct of elections.
Jalosjos, Jr. v. COMELEC, 683 SCRA 1
(2012): Jalosjos Jr. was elected and served
twice as mayor despite a prior perpetual
special disqualification. The COMELEC will
remiss it constitutional duty if it does not
motu proprio bar from running for public
office those suffering from perpetual
special disqualification by virtue of a final
judgment.
Recall elections - if lack of funds the
from savings elsewhere, while advising the
body that the conduct of recall elections
requiring operating eSxpenses, not capital
outlays.
Goh v. Bayron, 742 SCRA 303 (2014):
Reapportionment - The COMELEC has no
authority to transfer municipalities from
one legislative district to another district.
The power of redistricting is traditionally
part of the power to make laws
(legislative).
(1995):
Residual power of the COMELEC:
1. Determination of voter’s
registration. Registration is one
place is valid while in another
place is void.
2. Conduct a plebiscite even
beyond the deadline prescribed
by law - to enable the people to
exercise its right to vote.
ADJUDICATIVE POWER AND
JURISDICTION: Original jurisdiction:
Deciding contests involving the election,
returns and qualifications of all officials
(regional, provincial and city officials).
Appellate jurisdiction: all contests
involving elective municipal officials and
decide by trial courts of general
jurisdiction, or involving elective barangay
officials decided by trial courts of limited
jurisdiction. Final, executory and not
appealable: Decisions, final orders or ruling
on election contests involving elective
municipal and barangay offices.
Power to decide election contests and
petition for annulment of the proclamation
of a candidate
- An exercise of quasi-judicial
power, which requires due process.
COMELEC En Banc - can act directly on
matters falling within it administrative
powers
- It must be first tackled by a
Division, before being
considered by the COMELEC En
Banc, including petitions to
cancel COCs and pre-
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 proclamation controversies and
petition for correction of
manifest errors in Statement of
Votes and manifest errors in the
tabulation or tallying of the
results may be files directly with
the COMELEC En Banc.
Cases can be brought to the SC: A final
decision or resolution of the COMELEC En
Banc. The SC has no power to review via
certiorari, an interlocutory order or even a
final resolution of a Division of the
COMELEC. The filing of a motion for
reconsideration in the COMELEC En Banc is
mandatory before a review for certiorari.
When the Division deprives En Banc of the
authority to rule on motion for
reconsideration.
There will be a violation of due process:
- Where there was a description,
printing and examination of
ballot images from the compact
flash cards without giving notice
to the parties and then
proceeding to the recount of
ballots through the use of
printout.
- When it comes up with a
resolution cancelling the
registration of a party-list group
on a ground that was not
specified in the notice relative to
the evaluation of such
organization’s qualifications
under the party-list system.
Administrative Powers/Functions of the
COMELEC*Administrative - administration,
especially management; it does not entail
an opportunity to be heard, the production
and weighing of evidence, and a decision or
resolution thereon.
- Determine the number and
location of polling places
- Appoint election officials an
inspectors
- Conduct registration of voters
- Deputize law enforcement
agencies and government
instrumentalities to ensure free,
orderly, honest, peaceful and
credible elections
- Register political parties,
organizations or coalitions
- Accredit citizen’s arms of the
Commission
- Duty to investigate and
prosecute election offenses
- Recommend to the President the
removal of or imposition of any
other disciplinary action upon
any officer or employee it has
deputized for violation or
disregard of its directive, order
or decision
- Direct control and supervision
over all personnel involved in the
conduct of election.
- Promulgate its own rules of
procedure relative to the
conduct of the elections
Administrative matters are generally not
subject to the certiorari jurisdiction of the
SC
Quasi-judicial Powers of the COMELEC
(can’t ignore the requirements of
procedural due process) *Quasi-judicial -
does not involve the exercise of functions of
a judge; this function applies to the action
or discretion of public administrative
officers or bodies who are required to
investigate facts, or ascertain existence of
facts, hold hearings and draw conclusions
as a basis for their official action and to
exercise discretion of a judicial nature.
Jurisdiction of COMELEC as to:
a. Candidate for Congress
- Prior becoming a member of the
Congress. Meaning if the person
has not yet proclaimed as a
winner, taken oath of office and
assumed office
To be considered as a Member of
HOR:
1. A valid proclamation
2. A proper oath
3. Assumption of office
(begins at noon on the
30th day of June next
following their
election)
After such HRET has the
jurisdiction
b. Party-list
- Petitions for cancellation of
registration if party-list org even
if it was elected and its nominee
have already assumed office (the
HRET has jurisdiction over the
members of the PL)
DECISION FORMALITIES Division -> En
Banc
Majority in Decisions En Banc:
- Sec. 7, Art 9-A: A majority vote of
all the members of the
Commission En Banc is necessary
to arrive at a ruling. The vote of 4
members must always be
attained in order to decide,
irrespective of the number of
Commissioners in attendance.
Inhibition of a Member:
- In its Rules of Procedure, it is
required that if any member
inhibits himself from a case, he
must indicate the reason. The
non-compliance does not annul
the ruling in which a judge takes
no part but may be a basis for
holding him responsible for the
omission.
Petitions to the conduct of plebiscite: falls
under Sec 2(1) of Art 9-C
- The Court has held that the
authority belongs to the
COMELEC, not the regular courts
for it can lead to jumbled justice.
The COMELEC has the
indisputable expertise in the
field of election and related laws.
Buac v. COMELEC, 421 SCRA 92 (2004): p
713
3. Decide all questions affecting election,
except those involving the right to vote,
determination of the number and location
of polling places, appointment of elections
officials and inspectors and registration of
voters.
4. Deputize law enforcement agencies and
instrumentalities of the Government,
including the AFP for the exclusive purpose
of ensuring its task.
RECOGNITION AND REGISTRATION OF
POLITICAL PARTIES
- ensure that only qualified parties
may participate in the electoral
exercise
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Art. 9-C, Sec. 2(5) Guidelines as to which
organizations may be allowed or not to be
registered:
Register political parties after
sufficient publication, presentation
of their platform as well as accredit
citizen’s arms of the COMELEC to
ensure its task. Religious
denominations and sects, groups
which seeks 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 not be registered.
Acceptance of financial
contributions from the
aforementioned orgs shall be an
additional ground for cancellations.
- The COMELEC may intrude or may look
into the matter if it affects the public
- COMELEC’s participation is in recognizing
who the rightful candidate is nominated
pursuant to the party Constitution
Laban ng Demokratikong Pilipino v.
COMELC, 423 SCRA 665 (2004): Authority
of the COMELEC thru Party Constitution to
ascertain the identity of political party and
its legitimate officers. Multi-party System -
it does not contemplate the COMELEC
splitting parties into two
Open Party System - according to the free
choice of the people and not molded and
whittled by the COMELEC.
TO ENSURE FREE, HONEST AND CREDIBLE
ELECTIONS
- prerogative of deputizing, with
the consent of the President
- law enforcement agencies and
instrumentalities of the
Government, including AFP
- Art. 9-C, Sec. 2(4) Recommend to
the President the imposition of
appropriate disciplinary
sanctions on any officer or
employee it has deputized for
violation of or disobedience to its
directives, orders or decisions.
- Art. 9-C, Sec. 2(7) Recommend to
Congress effective measures to
minimize election spending,
including limitation of places
where propaganda materials
should be posted and to prevent
and penalize election frauds,
offenses, malpractices and
nuisance candidates.
- Art. 9-C, Sec. 2(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.
- Art. 9-C, Sec. 2(9) Required to
submit to the President and
Congress a comprehensive
report on the conduct of each
electoral exercise (election,
plebiscite, initiative, referendum
or recall)
- Barangay Association for National
ELECTORAL OVER-SPENDING can be a
ground for a candidate’s disqualification
To ensure the integrity of the electoral
process is to prevent excessive expenses in
the part of candidates and political parties.
SUPERVISION AND REGULATION OF
PUBLIC UTILITIES AND MASS MEDIA
Art. 9-C, 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 GOCC or its
subsidiary. Such provision or regulation
shall aim to ensure equal opportunity, and
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.
COMELEC Space - in print media
COMELEC Time - in broadcast media
Legal Provision: Section 2 of Resolution No.
2772
Comelec Space dimension that print
media must donate is not less than one-
half page
RIGHT TO REPLY: this is a constitutional
mandate
Money Ban:
ELECTION OFFENSES
Art. 9-C, Sec. 2 (6) File, upon a verified
complaint, or on its own initiative,
petitions in court for inclusion or exclusion
of voters, investigate and prosecute
violations of election laws, including acts or
omissions constituting election frauds,
offenses, and malpractices.
Art. 9-C, Sec. 5 No pardon, amnesty,
parole, or suspension of sentence for
violation of election laws, rules and
regulations shall be granted by the
President with the favorable
recommendation of the Commission.
Advancement and Transparency (BANAT)
Party-list v. COMELEC, 595 SCRA 477
(2009): Investigation and prosecution -
shared by the COMELEC and the Court and
with concurrent with the DOJ.
COMELEC v. Silva, Jr., 286 SCRA 177
(1998): p. 733
COMELEC v. Tagle, 397 SCRA 618 (2003):
p733
FREEDOM FROM HARASSMENT
Art. 9-C, Sec. 10 Bona fide candidates for
any public office shall be free from any
form of harassment and discrimination
Santiago v. Vasquez, 205 SCRA 162 (1992):
Petitioner sought to enjoin her prosecution
for violation of the Anti-Graft and Corrupt
Practices Act (R.A. No. 3019) at the time
when she was running for the presidency.
She claimed that the criminal charges were
meant and intended to harass her as a
candidate. The petition was dismissed.
COMMISSION ON AUDIT (COA)
Task: To oversee the regularity in the
expenditure and use of public funds and
property. The watchdog of the
government.
Art. 9-D, Sec 1: Composition of COA
- Chairman
- 2 Commissioners
Art. 9-D, Sec. 1: Qualifications
1. Natural born citizens of the PH
2. at least 35 years of age
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 3. CPA with not less than 10 years
of auditing experience or
members of the Philippine Bar
who have been engaged in the
practice of law for at least 10
years
4. must not be a candidate for any
elective positions in the
immediately preceding elections
5. At no time shall all Members of
the Commission belong to the
same profession
Art. 9-D, Sec. 1: Appointment
Chairman and Commissioners shall be
appointed by the President with the
consent of Commission on Appointments.
Term: 7 years without reappointment
- Chairman - 7 years
- 1 Commissioner - 5 years
- 1 Commission - 3 years
In case of vacancy: only be for the
unexpired term of the predecessor. Any
member be appointed or designated in a
temporary or acting capacity
AUDIT FUNCTION
Art. 9-D, Sec. 2(1)
Art. 9-D, Sec. 2 (2) the role of COA that
there be no irregular, unnecessary,
excessive, extravagant, or unconscionable
expenditure use if public funds and
properties.
a) Irregular expenditures: it is
incurred without adhering to
established rules, regulations,
procedural guidelines, policies,
principles or practices that have
gained recognition in law.
b) Unnecessary expenditures:
those that are not supportive of
the implementation of the
objectives and mission of the
agency relative to its operations.
This could also include
incurrence of expenditure not
dictated by the demands of the
good government and those the
utility of which cannot be
ascertained at a specific time. An
expenditure that is not essential
or that which can be dispensed
with without loss or damage to
property.
c) Excessive expenditures: signifies economic recovery loan of USS310 million.
unreasonable expenses incurred As a condition the World Bank required the
at an immoderate quantity or PH govt to rehabilitate the DBP. The PH
exorbitant price. It includes govt sent a letter to the World Bank to
expenses which exceed what is assure all banks, including govt bank, shall
usual or proper as well as be fully audited by external independent
expenses which are auditors in addition to that provided by the
unreasonably high, and beyond COA.
just measure and amount.
d) Extravagant expenditures: those Commissioner of Internal Revenue v. COA,
incurred without restraint, 218 SCRA 203 (1993): Savellano provide
judiciousness and economy. It BIR a copy of confidential affidavit
exceed the bounds of propriety. COA has no right to prevent the BIR to
These are immoderate, prodigal, determine in accordance with law,
lavish, luxurious, wasteful, entitlement to a tax informer’s reward.
grossly excessive and injudicious.
e) Unconscionable expenditures:
these are without knowledge or
sense of what is right, reasonable
and just and not guided or
restrained by conscience. These
are incurred in violation of ethics
and morality by one who does
not have any feeling of guilty for
the violation.
State auditing is not limited to the auditing
of the accountable officers and the
settlement of accounts but includes
accounting functions and the adoption in
the audited of internal control.
Act of settling account is limited to
liquidated accounts but not the
adjudication on unliquidated claims.
Cognizance of claims is circumscribed
Principle of Quantum Meruit - falls in the
jurisdiction of the Courts and not the COA.
- It allows recovery of the
reasonable value regardless of
any agreement as to value.
- It entitles the party to ‘as much
as he reasonably deserves’
Quantum Valebant - to ‘as much as what is
reasonably worth
Art. 9-D, Sec. 2 The COA’s exclusive
authority to define the scope of its audit,
promulgate auditing rules and regulations,
and disallow unnecessary expenditures.
COA does not have the exclusive power to
examine and audit government agencies.
Development Bank of the Philippines v.
COA, 373 SCRA 356 (2002): PH govt
obtained from the World Bank an