STUDY GUIDE: COMELEC
ARTICLE VII.
THE COMMISSION ON ELECTIONS
Sec. 52. Powers and functions of the Commission
on Elections. - In addition to the powers and
functions conferred upon it by the Constitution,
the Commission shall have exclusive charge of the
enforcement and administration of all laws
relative to the conduct of elections for the purpose
of ensuring free, orderly and honest elections, and
shall:chanroblesvirtuallawlibrary
(a) Exercise direct and immediate supervision and
control over national and local officials or
employees, including members of any national or
local law enforcement agency and instrumentality
of the government required by law to perform
duties relative to the conduct of elections. In
addition, it may authorize CMT cadets eighteen
years of age and above to act as its deputies for the
purpose of enforcing its orders.
The Commission may relieve any officer or
employee referred to in the preceding paragraph
from the performance of his duties relating to
electoral processes who violates the election law or
fails to comply with its instructions, orders,
decisions or rulings, and appoint his substitute.
Upon recommendation of the Commission, the
corresponding proper authority shall suspend or
remove from office any or all of such officers or
employees who may, after due process, be found
guilty of such violation or failure.
(b) During the period of the campaign and ending
thirty days thereafter, when in any area of the
country there are persons committing acts of
terrorism to influence people to vote for or against
any candidate or political party, the Commission
shall have the power to authorize any member or
members of the Armed Forces of the Philippines,
the National Bureau of Investigation, the
Integrated National Police or any similar agency
or instrumentality of the government, except
civilian home defense forces, to act as deputies for
the purpose of ensuring the holding of free,
orderly and honest elections.
(c) Promulgate rules and regulations
implementing the provisions of this Code or other
laws which the Commission is required to enforce
and administer, and require the payment of legal
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fees and collect the same in payment of any
business done in the Commission, at rates that it
may provide and fix in its rules and regulations.
Rules and regulations promulgated by the
Commission to implement the provisions of this
Code shall take effect on the sixteenth day after
publication in the Official Gazette or in at least
daily newspapers of general circulation. Orders
and directives issued by the Commission pursuant
to said rules and regulations shall be furnished by
personal delivery to accredited political parties
within forty-eight hours of issuance and shall take
effect immediately upon receipt.
In case of conflict between rules, regulations,
orders or directives of the Commission in the
exercise of its constitutional powers and those
issued by any other administrative office or
agency of the government concerning the same
matter relative to elections, the former shall
prevail.
(d) Summon the parties to a controversy pending
before it, issue subpoena and subpoena duces
tecum, and take testimony in any investigation or
hearing before it, and delegate such power to any
officer of the Commission who shall be a member
of the Philippine Bar. In case of failure of a
witness to attend, the Commission, upon proof of
service of the subpoena to said witnesses, may
issue a warrant to arrest witness and bring him
before the Commission or the officer before whom
his attendance is required.
Any controversy submitted to the Commission
shall, after compliance with the requirements of
due process, be immediately heard and decided by
it within sixty days from submission thereof. No
decision or resolution shall be rendered by the
Commission either en banc or by division unless
taken up in a formal session properly convened
for the purpose.
The Commission may, when necessary, avail of
the assistance of any national or local law
enforcement agency and/or instrumentality of the
government to execute under its direct and
immediate supervision any of its final decisions,
orders, instructions or rulings.
(e) Punish contempts provided for in the Rules of
Court in the same procedure and with the same
penalties provided therein. Any violation of any
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final and executory decision, order or ruling of the
Commission shall constitute contempt thereof.
(f) 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.
(g) Prescribe the forms to be used in the election,
plebiscite or referendum.
(h) Procure any supplies, equipment, materials or
services needed for the holding of the election by
public bidding: Provided, That, 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.
(i) Prescribe the use or adoption of the latest
technological and electronic devices, taking into
account the situation prevailing in the area and
the funds available for the purpose: Provided,
That the Commission shall notify the authorized
representatives of accredited political parties and
candidates in areas affected by the use or adoption
of technological and electronic devices not less
than thirty days prior to the effectivity of the use
of such devices.
(j) Carry out a continuing and systematic
campaign through newspapers of general
circulation, radios and other media forms to
educate the public and fully inform the electorate
about election laws, procedures, decisions, and
other matters relative to the work and duties of
the Commission and the necessity of clean, free,
orderly and honest electoral processes.
(k) Enlist non-partisan group or organizations of
citizens from the civic, youth, professional,
educational, business or labor sectors known for
their probity, impartiality and integrity with the
membership and capability to undertake a
coordinated operation and activity to assist it in
the implementation of the provisions of this Code
and the resolutions, orders and instructions of the
Commission for the purpose of ensuring free,
orderly and honest elections in any constituency.
Such groups or organizations shall function under
the direct and immediate control and supervision
of the Commission and shall perform the
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following specific functions and
duties:chanroblesvirtuallawlibrary
A. Before Election
Day:chanroblesvirtuallawlibrary
1. Undertake an information campaign on salient
features of this Code and help in the dissemination
of the orders, decisions and resolutions of the
Commission relative to the forthcoming election.
2. Wage a registration drive in their respective
areas so that all citizens of voting age, not
otherwise disqualified by law may be registered.
3. Help cleanse the list of voters of illegal
registrants, conduct house-to-house canvass if
necessary, and take the appropriate legal steps
towards this end.
4. Report to the Commission violations of the
provisions of this Code on the conduct of the
political campaign, election propaganda and
electoral expenditures.
B. On Election Day:chanroblesvirtuallawlibrary
1. Exhort all registered voters in their respective
areas to go to their polling places and cast their
votes.
2. Nominate one watcher for accreditation in each
polling place and each place of canvass who shall
have the same duties, functions and rights as the
other watchers of political parties and candidates.
Members or units of any citizen group or
organization so designated by the Commission
except its lone duly accredited watcher, shall not
be allowed to enter any polling place except to
vote, and shall, if they so desire, stay in an area at
least fifty meters away from the polling place.
3. Report to the peace authorities and other
appropriate agencies all instances of terrorism,
intimidation of voters, and other similar attempts
to frustrate the free and orderly casting of votes.
4. Perform such other functions as may be
entrusted to such group or organization by the
Commission.
The designation of any group or organization
made in accordance herewith may be revoked by
the Commission upon notice and hearing
whenever by its actuations such group or
organization has shown partiality to any political
STUDY GUIDE: COMELEC
party or candidate, or has performed acts in
excess or in contravention of the functions and
duties herein provided and such others which may
be granted by the Commission.
(l) Conduct hearings 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.
(m) Fix other reasonable periods for certain pre-
election requirements in order that voters shall
not be deprived of their right of suffrage and
certain groups of rights granted them in this
Code.
Unless indicated in this Code, the Commission is
hereby authorized for fix the appropriate period
for the various prohibited acts enumerated herein,
consistent with the requirements of free, orderly,
and honest elections.
Sec. 53. Field offices of the Commission. - The
Commission shall have the following field
offices:chanroblesvirtuallawlibrary
(1) Regional Election Office, headed by the
Regional Election Director and assisted by the
Assistant Regional Director and such other
subordinate officers or employees as the
Commission may appoint.
(2) Provincial Election Office, headed by the
Provincial Election Supervisor and assisted by
such other subordinate officers or employees as
the Commission may appoint.
(3) City/Municipal Election Office, headed by the
City/Municipal Registrar who shall be assisted by
an election clerk and such other employees as the
Commission may appoint.
The Commission may delegate its powers and
functions or order the implementation or
enforcement of its orders, rulings, or decisions
through the heads of its field offices.
Sec. 54. Qualifications. - Only members of the
Philippines Bar shall be eligible for appointment
to the position of regional director, assistant
regional director, provincial election supervisor
and election registrar: Provided, however, That if
there are no members of the Philippine Bar
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available for appointment as election registrar,
except in cities and capital towns, graduates of
duly recognized schools of law, liberal arts,
education or business administration who possess
the appropriate civil service eligibility may be
appointed to said position.
Sec. 55. Office space. - The local government
concerned shall provide a suitable place for the
office of the provincial election supervisor and his
staff and the election registrar and his staff:
Provided, That in case of failure of the local
government concerned to provide such suitable
place, the provincial election supervisor or the
election registrar, as the case may be, upon prior
authority of the Commission and notice to the
local government concerned, may lease another
place for office and the rentals thereof shall be
chargeable to the funds of the local government
concerned.
Sec. 56. Changes in the composition, distribution
or assignment of field offices. - The Commission
may make changes in the composition,
distribution and assignment of field offices, as well
as its personnel, whenever the exigencies of the
service and the interest of free, orderly, and
honest election so require: Provided, That such
changes shall be effective and enforceable only for
the duration of the election period concerned and
shall not affect the tenure of office of the
incumbents of positions affected and shall not
constitute a demotion, either in rank or salary,
nor result in change of status: and Provided,
further, That there shall be no changes in the
composition, distribution or assignment within
thirty days before election, except for cause and
after due notice and hearing, and that in no case
shall a regional or assistant regional director be
assigned to a region; a provincial election
supervisor to a province; or a city or municipal
election registrar to a city or municipality, where
he and/or his spouse are related to any candidate
within the fourth civil degree of consanguinity or
affinity as the case may be.
Sec. 57. Measures to ensure enforcement. - For the
effective enforcement of the provisions of this
Code, the Commission is further vested and
charged with the following powers, duties and
responsibilities:chanroblesvirtuallawlibrary
STUDY GUIDE: COMELEC
1. To issue search warrants after examination
under oath or affirmation of the complainant and
the witnesses
2. To stop any illegal election activity, or
confiscate, tear down, and stop any unlawful,
libelous, misleading or false election propaganda,
after due notice and hearing.
3. To inquire into the financial records of
candidates and any organization or group of
persons, motu proprio or upon written
representation for probable cause by any
candidate or group of persons or qualified voter,
after due notice and hearing.
For purposes of this section, the Commission may
avail itself of the assistance of the Commission on
Audit, the Central Bank, the National Bureau of
Investigation, the Bureau of Internal Revenue, the
Armed Forces of the Philippines, the Integrated
National Police of the Philippines, barangay
officials, and other agencies of the government.
Sec. 58. Disqualifications of members of the
Commission. - The chairman and members of the
Commission shall be subject to the canons of
judicial ethics in the discharge of their functions.
No chairman or commissioner shall sit in any case
in which he has manifested bias or prejudice for
or against or antagonism against any party
thereto and in connection therewith, or in any case
in which he would be disqualified under the Rules
of Court. If it be claimed that the chairman or a
commissioner is disqualified as above provided,
the party objecting to his competency may file his
objection in writing with the Commission stating
the ground therefor. The official concerned shall
continue to participate in the hearing or
withdrawn therefrom in accordance with his
determination of the question of his
disqualification. The decision shall forthwith be
made in writing and filed with the other papers of
the case in accordance with the Rules of Court. If
a disqualification should result in a lack of
quorum in the Commission sitting en banc, the
Presiding Justice of the Intermediate Appellate
Court shall designate a justice of said court to sit
in said case for the purpose of hearing and
reaching a decision thereon.
Sec. 59. Publication of official ballots and election
returns and printing thereof. - The Commission
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shall publish at least ten days before an election in
a newspaper of general circulation certified data
on the number of official ballots and election
returns and the names and addresses of the
printers and the number printed by each.
THE COMMISSION ON ELECTION
A. Purpose Of The Commission
 The COMELEC ensures the purity of
elections, outside the influence of political
parties, the legislative, executive and
judicial departments;
 It is an independent tribunal.
B. Composition
1. Chairman; and
2. Six (6) Commissioners
C. Qualifications Of Members
1. Natural-born citizen;
2. Atleast thirty-five (35) years of age at the
time of their appointment;
3. Holders of acollege degree;
4. Must not have been candidate for any
elective position in the immediately
preceding election;
5. Majority, including the Chairman, shall
be a member of the Bar who has been
engaged in the practice of law for atleast ten
(10) years.
D. Appointment
 The President, with the consent of the CoA,
shall appoint the Chairman and the
Commissioners for a term of seven (7) years
w/o reappointment.
 In no case shall any Member be appointed or
designated in a temporary or acting capacity.
E. Jurisdiction
COMELEC may sit en banc or in two (2)
divisions, and shall promulgate its rules of procedure
in order to expedite disposition of election cases,
including pre-proclamation controversies.
General Rule:
STUDY GUIDE: COMELEC
 The COMELEC sitting en banc does not
have the requisite authority to hear and
decide election cases in the first instance.
 This power pertains to the divisions of the
Commission.
 Any decision by the Commission en banc as
regards election cases decided by it in the
first instance is null and void.
Exceptions:
1. When what is involved in the case is
purely administrative, and not quasi-judicial
in nature;
2. When the required number of votes to
reach a decision, resolution, order or ruling
is not obtained in the division.
3. Where the petitioner invoked the
jurisdiction of the COMELEC en banc,
participated in its proceedings and sought
relief therefrom, in w/c he is estopped from
subsequently questioning the jurisdiction of
the COMELEC en banc.
4. Petitions for the postponement,
declaration of failure of election and the
calling of special elections.
5. The COMELEC en banc has the power to
prosecute election cases, and in the exercise
of such prosecutor power, it conducts
preliminary investigation, decides whether
or not there exists a probable cause and files
the corresponding information in court.
F. Exclusive Jurisdiction of COMELEC
 The COMELEC is vested by the
Constitution w/ the exclusive charge of the
enforcement of all laws relative to the
conduct of elections.
 The COMELEC has exclusive jurisdiction
over pre-proclamation controversies arising
from national or local elections.
G. Jurisdiction Over Intra-party Disputes
 The COMELEC’s jurisdiction over intra-
party disputes is limited. It does not have
blanket authority to resolve any and all
controversies involving political parties.
Parties are generally free to conduct their
activities w/o interference from the state.
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The COMELEC may intervene in disputes
internal to a party only when necessary to
the discharge of its constitutional functions.
 In the discharge of its constitutional
functions, the COELEC may resolve matters
involving the ascertainment of the identity
of the political party and its legitimate
officers.
H. Judicial Review Of COMELEC Decisions
 A judgment or final order or resolution of
the COMELEC may be brought by the
aggrieved party to the Supreme Court on
certiorari under Rule 65. The filing of a
petition for certiorari shall not stay the
execution of the judgment or final order or
resolution sought to be reviewed, unless the
Supreme Court shall direct otherwise upon
such terms as it may deem just.
 Section 7, Article IX of the 1987
Constitution confers on the Supreme Court
the power to review any decision, order or
ruling of the COMELEC, but limits such
power to a final decision or resolution of the
COMELEC en banc and does not extend to
an interlocutory order issued by a Division
of the COMELEC.
I. Jurisdiction to Order Special Elections
 COMELEC has no power to call for the
holding of special elections unless pursuant
to a specific statutory grant.
 The power to fix the date of elections is
essentially legislative in nature. After the
Congress has so acted, neither the Executive
nor the Judiciary can act to the contrary by
ordering special elections instead at the call
of the COMELEC. The Court, particularly,
cannot make this call w/o thereby
sssupplanting the legislative decision and
effectively legislating.
J. Powers And Functions Of The COMELEC
1. Ensure free, honest, orderly, credible, and
peaceful elections.
It does not include the power to
annul an election involving the President,
VP, and the Members of the Congress, w/c
may not have been free, orderly, and honest,
STUDY GUIDE: COMELEC
as such power is merely preventive, and not
curative.
2. Rule-making power;
3. Enforcement and administration of
election laws and resolutions relative to the
conduct of an election, plebiscite, initiative,
referendum, or recall.
The COMELEC is vested by the
Constitution w/ exclusive charge of all laws
relative to the conduct of elections; hence,
the assumption of jurisdiction by the trial
court over a case involving the enforcement
of the election code is at war with the plain
constitutional command, the implementing
statutory provisions and the hospitable scope
afforded such grant of authority so clear and
unmistakable in recent decisions.
Purpose:
 To protect the integrity of elections, to
suppress all levels that may violate its purity
and defeat the will of the voters.
 The ballot boxes may be opened in case
there is an election contest. They may also
be opened even if there is no election contest
when their contents have to be used as
evidence in the prosecution of election
frauds. Moreover, they may be opened when
they are subject of any official investigation
w/c may be ordered by a competent court or
other competent authority. The choice of
means taken by the Commission on
Election, unless they are clearly illegal or
constitute grave abuse of discretion, should
not be interfered with.
 The COMELEC, despite its role as the
implementing arm of the Government in the
enforcement and administration of all laws
and regulations relative to the conduct of an
election, has neither the authority nor the
license to expand, or add anything to the law
it seeks to implement thereby. The IRR’s the
COMELEC issues for that purpose should
always accord w/ the law to be
implemented, and should not override,
supplant, or modify the law.
4. Exclusive control and supervision over he
Automated Election System
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 The COMELEC did not abdicate
its mandate and responsibility
under Sec. 26 of R.A. 8436. The
role of Smartmatic TIM
Corporation is basically to supply
the goods necessary for the
automation project, such as but not
limited to the PCOS machines,
PCs, electronic transmission
devices, related equipment, and the
like. As lessees of the goods and
the back-up equipment, the
corporation and its operators would
provide assistance w/ respect to the
machines to be used by the
COMELEC w/c, at the end of the
day, will be conducting the election
thru its personnel and whoever it
deputizes.
 Giving to the Provider (Smartmatic
TIM) the access keys – both the
private and the public access key is
like giving to the system
administrator of Yahoo or Hotmail
one’s private password to his or her
email account. The private key is
supposed to be private to the Chair
of the Board of Election inspectors,
generated by him and unknown to
the Provider. Otherwise, the
Provider will have the capacity to
alter the election results at the
precinct level. Worse, even the
private keys at the canvassing level
are generated by the Provider,
allowing the Provider to change the
election results at the canvassing
level. Clearly, the COMELEC has
abdicated control over the elections
to the Provider, putting the integrity
and outcome of the May 10, 2010
elections solely in the hands of the
Provider.
5. Power to punish for contempt and issue
subpoena;
6. Power to issue auxiliary writs and
processes;
7. Quasi legislative functions; and
8. Quasi-judicial power.
STUDY GUIDE: COMELEC

K. Specific Powers Of COMELEC the activities so voters shall not be

1. To declare failure of elections;
2. To call for special elections;
3. To postpone elections;
4. To correct manifest errors in election
documents;
 After proclamation, any alteration
or amendment whether due to
clerical error or otherwise, cannot
be made w/o the intervention of a
competent court;
 With the introduction of the PCOS
System, every copy should be as
good and as clear as the first one.
Hence, the problem of manifest
errors might be a thing in the past.
5. To order re-canvass of votes;
 Re-canvass of votes may be made
even after proclamation when its
valid order directing the suspension
of the proclamation of a candidate
has been violated.
6. To annul or suspend proclamation of
elected candidates;
7. To annul an illegal canvass;
8. To transfer polling places;
deprived of their suffrage.
 This stand-by power, however,
does not apply to fixing the date of
registration of voters because Sec.
8 of R.A. 8189 or The Voter’s
Registration Act of 1996, w/c
provides for a continuing
registration of voters, specifically
states that: “No registration shall,
however, be conducted during the
period starting one hundred twenty
(120) days before a regular election
and ninety days before a special
election.”
Notes:
 COMELEC has no power to decide has no
power to decide questions involving the
right to vote.
 COMELEC has no jurisdiction to resolve
the issue regarding the right to vote, the
same being cognizable by the courts in the
proceedings for the exclusion or inclusion of
voters.
 COMELEC has no power to include and
exclude voters. Currently, jurisdiction to
decide controversies on inclusion or
exclusion of voters belongs to the Municipal
Trial Court.

9. To transfer venue of canvassing of votes;

10. To order opening of ballot boxes;

11. To conduct initiative and plebiscite;

12. To investigate and prosecute election

offenses;

13. To deputize, w/ the concurrence of the

President, law enforcement agencies and
instrumentalities of the government.

L. Stand-by Power of COMELEC

 If it shall no longer be reasonably

possible to observe the periods and
dates prescribed by law for certain
pre-election acts, the Commission
shall fix other periods and dates in
order to ensure accomplishment of