ART.

IX –
CONSTITUTIONAL
COMMISSIONS
THE COMMISSION ON
ELECTIONS
The Commission on Elections
Section 1
 The Chairman and the Commissioners must be

1. 1.) natural-born citizens of the Philippines

Composition, 2.) at the time of their appointment, at least thirty-

five years of age
qualification,
appointment, 3.) holders of a college degree, but a majority,
including the Chairman,

term. must be members of the Philippine Bar who have

been engaged in the practice of law for at least ten
years 

4.) must not have been candidates for any elective

position in the immediately preceding elections
 Section 1 (2)
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

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
 Sixto
BRILLANTES v.  Topic: Art. IX- SEC 1 Article IX-
Haydee YORAC A, Section 1, of the Constitution
expressly describes all the
(192 SCRA 358 | Constitutional Commissions as
December 18, “independent.”
1990)
The Commission
on Elections
Section 2
 Commission on Elections
is an administrative agency
 the powers it possesses are executive, quasi-
judicial, and quasi-legislative
1. Nature of  Exception: it has been given judicial power as “sole
judge of all contests relating to the elections, returns,
the powers of and qualifications of all elective” local officials

the  Earlier Decision: the Commission did not have

statutory power to issue writs and that neither may
Commission 
the power to promulgate rules and regulations
Later Decision: the Commission has limited powers
to issue writs of certiorari, prohibition and
mandamus granted by Section 50, B.P. Blg. 697 but
only in connection with its appellate jurisdiction
under Article IX, Section 2 (2)
 It has the power to review decisions of municipal
courts on municipal election contests
 In cases where the COMELEC has appellate
jurisdiction, what is the period for making the appeal?

Section 6, Article IX-A of the 1987 Constitution grants and

authorizes the COMELEC to promulgate its own rules of procedure

The 1983 COMELEC Rules of Procedure have provided a uniform

five-day period for taking an appeal
 The Commission may punish for
contempt, but such power may not be
exercised in connection with its purely
executive or ministerial functions but
only in furtherance of its quasi-
judicial, and now also judicial,
functions
 Among its quasi-legislative powers is
the power to issue rules and
regulations to implement election laws
 General rule: the proclamation of a congressional
candidate divests COMELEC of jurisdiction in
favor of the proper Electoral Tribunal

2. Section In case of local elected officials: even after

proclamation the COMELEC retains power to
2(2): decide controversies like correction of manifest
errors
Election The enumeration of COMELEC powers excludes
contests. jurisdiction over elections for the Sangguniang
Kabataan

The Commission has the power to decide all

administrative cases up to and including the
proclamation, “save those involving the right to
vote.”
Before proclamation: any problem should be resolved in a “pre-
proclamation” proceeding by the Commission because of its powers under
Section 2(1) and (3)

After proclamation: when the controversy should already be a “contest” in

the technical sense, the neat rule should be that the Tribunals and the courts
should have jurisdiction

In a series of cases, both the Supreme Court and the Commission followed
an erratic course in this matter by sometimes recognizing continuing
Commission jurisdiction over municipal cases even after proclaamation
What is the difference between the jurisdiction of the COMELEC over a
pre-proclamation controversy and its jurisdiction over a “contest”?

The difference lies in the due process implications

Pre-proclamation controversy: administrative or quasi-judicial and is

governed by less stringent requirements of administrative due process

“Contests”: judicial and should be governed by requirements of due

process
Note: even in cases over which the Commission has both administrative and judicial
power, it does make a difference whether the Commission will treat it as a pre-
proclamation controversy or a contest
 PERFECTO
Topic: Article IX (C), Section 2(2), paragraph
GALIDO vs. 2 of the 1987 Constitution, that “Final
COMELEC AND decisions, orders or rulings of the COMELEC
SATURNINO in election contests involving elective
municipal offices are final and executory, and
GALEON
not appealable. 
193 SCRA 78
 General rule: it is not
empowered to decide questions
“involving the right to vote.”
3. Section
2(3): Powers
not given. Neither the power to transfer
municipalities from one
congressional district to
another for preserving
proportionality.
 General rule: The Commission may
deputize with the concurrence of the
President, law enforcement agencies
4. Section 2(4): and instrumentalities of the
Deputizing law Government including the Armed
Forces of the Philippines.
enforcement The Commission has no disciplinary
agencies. powers over the officers it may
deputize.
5. Section 2(5): General rule:
Registration of Authorizes the
parties and commission to
register political
organizations parties and
organizations.
6. Section 2(6): General rule:
Prosecution of Authorizes the
election commission to
offenses. investigate and
prosecute violations
of election laws.
 -Recommend:
7. Section 2(7), (8), the Congress effective measures to minimize
election spending.
and (9): -Removal of any officer or employee it has
deputized.
Recommendatory
powers. Submit:
- a comprehensive report on the conduct of
each election.
The Commission
on Elections
Section 3
 -Two Divisions:
Section 3: Election Cases
Commission -En Banc:
decisions. Motions for
Reconsideration
 Topic: Art IX, Sec 3: Motions for Reconsideration
shall be decided by the Comelec En Banc.
ROMEO G.
JALOSJOS v. Issue: Whether or not the COMELEC En Banc act
beyond its jurisdiction when it issued motu proprio
COMELEC et al. Resolution No. 9613 and in so doing, violated
petitioner's right to due process.
The Commission
on Elections
Section 4
 Section 4: General rule:
Regulation of transportation, other
public utilities, public utilities and
media, franchises. media are supervised.
 Topic: Art IX, Sec. 4: The Commission, may
during the election period, supervise or regulate the
enjoyment or utilization of all franchises or permits
ABS- CBN vs for the operation of transportation and other public
utilities, media of communication or information,
COMELEC all grants…”
Issue: Whether or not the Comelec acted with
grave abuse of discretion in prohibiting ABS CBN
in conducting exit polls during the election.
The Commission
on Elections
Section 5
 General rule: grant of pardon,
amnesty, parole or
suspension or sentence for
Section 5: Pardons, violation of election laws,
etc. rules and regulations shall be
granted by the President with
the favorable
recommendation of the
commission
The Commission
on Elections
Section 6
 General rule: Such system
Section 6: Free and shall be allowed to evolve
according to the free choice
Open Party System. of the people, subject to the
provisions of this Article.
The Commission
on Elections
Section 7
 Section 7: General rule: No votes cast in
favor of a political party,
Registration to organization, or coalition
party-list system. shall be valid, except for
those registered under the
party-list system.
The Commission
on Elections
Section 8
 Section 8: Non- General rule: Those
representation of mentioned shall not be
represented in the voters’
political parties or registration boards, boards of
organizations or election canvassers, or other
similar bodies.
coalitions.
The Commission
on Elections
Section 9
 General rule: Shall
Section 9: Election commence Ninety (90) Days
before the day of election and
Period shall end Thirty (30) Days
thereafter.
The Commission
on Elections
Section 10
Section 10: Equal General rule: Bona fide
candidates for any public
protection of office shall be free from any
candidates. form of harassment and
discrimination.
The Commission
on Elections
Section 11
 General rule: Funds certified
by the commission as
Section 11: Fiscal necessary for holding regular
and special elections,
autonomy. plebiscites, initiatives,
referenda and recalls shall be
automatically released upon
certification of the
Chairman’s Commission.
 Present Members of the COMELEC

Sheriff M. Abas
Chairman

Ma. Rowena V.
Al. A Parreno Luie Tito F. Guia Socorro B. Inting Marlon S. Casquejo Antonio S. Kho
Commissioner
Guanzon Commissioner
Commissioner Commissioner Commissioner
Commissioner