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 account of force majeure, violence, terrorism, fraud
substitute. Upon recommendation of the or other analogous causes the election has not been
Commission, the corresponding proper authority held on the date fixed, or had been suspended
shall suspend or remove from office any or all of before the hour fixed by law for the closing of the
such officers or employees who may, after due voting, or after the voting and during the
process, be found 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
such cases the failure or suspension of election
would affect the result of the election. Such call
should be on the basis of a verified petition by any
interested party and after due notice and hearing,
and the new date should be reasonably close to the
date of the election not held, suspended or which
resulted in a failure to elect but not later than thirty
(30) days after the cessation of the cause of such
postponement or suspension of the election or
failure to elect.
(13) Prescribe the forms to be used in the
election, plebiscite or referendum, recall or
initiative;
(14) Procure any supplies, equipment, materials
or services needed for the holding of the election by
public bidding; but if it finds the requirements of
public bidding impractical to observe, then by
negotiations or sealed bids, and in both cases, the
accredited parties shall be duly notified;

(9) Call a special election to elect the member to (15) Prescribe the use or adoption of the latest
serve the unexpired portion in case a vacancy arises technological and electronic devices, taking into
in the Senate or in the House of Representatives account the situation prevailing in the area and
eighteen (18) months or more before a regular funds available for the purpose. The Commission
election, to be held within sixty (60) days after theshall notify the authorized representatives of
vacancy occurs; accredited political parties and candidates in the
areas affected by the use or adoption of
(10) Summons the parties to a controversy technological and electronic devices not less than
pending before it, issue subpoena duces tecum and thirty days prior to the effectivity of the use of such
take testimony in any investigation or hearing devices;
before it, and delegate such power to any officer of
the Commission who shall be a member of the (16) Constitute a pool of standby-teachers from
Philippine Bar. In case of failure of a witness to which substitutes shall be drawn in case a
attend, the Commission, upon proof of service of member/s of the Board of Election Inspectors who,
the subpoena to said witness, may issue a warrant for one reason or another, failed to report or
to arrest the witness and bring him before the refused to act as such on the day of the election.
Commission or the officer before whom his
attendance is required. (17) Carry out a continuing systematic
campaign through newspapers of general
Any controversy submitted to the Commission shall, circulation, radio and other media forms to educate
after compliance with the requirements of due the public and fully inform the electorate about
process, be immediately heard and decided by it election laws, procedures, decisions, and other
within sixty (60) days from the date of its matters relative to the works and duties of the
submission for decision or resolution. No decision Commission and the necessity of clean, free,
or resolution shall be rendered by the Commission orderly, honest, peaceful and credible electoral
either en banc or by division unless taken up in a processes;
formal session properly convened for the purpose.
(18) Accredited non-partisan groups or
The Commission may, when necessary, avail itself organizations of citizens from the civic, youth,
of the assistance of any national or local professional, education, business or labor sectors
enforcement agency and/or instrumentality of the known for their probity, impartiality and integrity
government to execute under its direct and with the membership and capability to undertake a
immediate supervision any of its final decisions, coordinated operation and activity to assist it in the
orders, instructions or rulings. implementation of the provisions of the Omnibus
Election Code and the resolutions, orders and
(11) Punish for contempt according to the instructions of the Commission for the purpose of
procedure and with the same penalties provided, in ensuring free, orderly, honest, peaceful, and
the Rules of Court. Any violation of any final and credible elections in any constituency. Such groups
executory decision, order or ruling of the or organizations shall function under the direct and
Commission shall constitute contempt thereof; immediate control and supervision of the
Commission;
(12) Enforce and execute its decisions,
directives, orders and instructions which shall (19) Conduct hearing on controversies pending
have precedence over those emanating from any before it in the cities or provinces upon proper
other authority, except the Supreme Court and motion of any party, taking into consideration the
those issued in habeas corpus proceedings; 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.