Você está na página 1de 5

Law on Elections Chapter 1 Introduction 1.

01 Omnibus Election Code( PB 881)- basic law on elections - COMELEC is tasked w/ enforcing election laws 1.02 Elections, generally - The embodiment of the popular will, the expression of the sovereign power of the people - The choice of candidates to public office by popular vote - From depositing of ballots to certification of results - any election used in Consti includes all election in the country o REGULAR election- election participated in by those who possess the right of suffrage, not disqualified by law and are registered voters o SPECIAL election- held when there is a failure of election on the scheduled date of regular election in a particular place or which is conducted to fill up certain vacancies, as provided by law 1.03 Purpose of election: prevent / minimize election frauds - To enable the electorate direct participation to choose the persons who would run their govt - Primal feature of the law is to allow people to vote freely for whom he pleases - Pangandaman v Comelec the purpose of statutes governing election is to protect the integrity of elections to suppress all evils that may violate its purity & defeat the will of the voters. CHAPTER II THE COMMISSION ON ELECTIONS 2.04 Commission on Elections as independent body COMELEC Constitutional agency with the task of insuring free, orderly and honest elections Rotational plan in the appointment to the Commission
Kim Raisa O. Uy Ateneo Law School 2012

Reason: ensure continuity in the expertise and work of the Commission 1st Commissioners o 3 shall hold office for 7 years o 3 for 5 years o 3 for 3 years 2 conditions (both indispensable) 1. That the terms of the first commissioner (including the chairman) should start on a common date 2. That any vacancy due to death, resignation or disability before the expiration of the term should only be filled for the unexpired balance of the term 2.05 Measures designed to make the Commission independent 1. The chairman and commissioner are given fixed terms, without reappointment 2. Their salaries shall not be decreased during their continuance in office 3. They shall not, during their tenure in office, engage in practice of any profession or in the management of any business, or be financially interested directly or indirectly in any contract with, or in any franchise or privilege granted by, the Government, or any subdivision, agency or instrumentality thereof, including GOCC 4. They can only be removed from office on impeachment for and conviction of, culpable violation of the Constitution, treason, bribery, other high crimes, or graft and corruption 2.06 Powers, generally COMELEC composed of: - Chairman - 6 commissioners o Requirements: Natural born citizen At least 35 years old Holders of a college degree

Must not have been candidates for any elective position in the immediately preceding elections Members of the Philippines who have been engaged in the practice of law for at least 10 years **check your codal Article IX-C!!! or check page 604 2.07 To enforce and administer election laws The commissions general power of administration, enforcement, and supervision of all laws relative to conduct of elections is the well spring that provides the necessary safeguards and remedies against election frauds that the election laws failed to provide The commission has no competence to act outside the statues and administrative orders issued Scope of activities is circumscribed by the election laws and the Constitution 2.08 To adopt means to insure free, honest and orderly elections Purity of the elections is one of the most fundamental requisites of popular government COMELEC must have a considerable latitude in adopting means and methods that will insure the accomplishment of promoting a free, orderly, and honest elections The choice of means taken by the COMELEC, unless they are clearly illegal or constitute grave abuse of discretion, should not be interfered by the SC Court should accord the greatest measure of presumption of regularity to its course of action and choice of means in performing its duties 2.09 To exercise adjudicatory and administrative power COMELEC has adjudicatory or quasi-judicial power as well as administrative duty Quasi-judicial o Investigation of facts, or the ascertainment of the existence of facts, holding hearing and drawing conclusions from the, as basis for official action and to exercise discretion Original and appellate jurisdiction
Kim Raisa O. Uy Ateneo Law School 2012

Original: Exercise exclusive original jurisdiction over all contests relating to the elections, returns and qualification of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction o Appellate: COMELEC may issue the extraordinary writs of certiorari, prohibition and mandamus in aid of its appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction Administrative power of COMELEC - Includes all administrative matter - Administrative o Administration, especially management, as by managing or conducting, directing or superintendent, the execution, application or conduct of persons or things, which does not entail an opportunity to beard, the production and weighting of evidence, and a decision or resolution 2.10 Jurisdiction of COMELEC in division; en banc Constitution - COMELEC may sit en banc or in 2 divisions - All election cases shall be heard and decided in division - MR of said decisions shall be decided by Commission en banc COMELEC division - Authority to hear and decide election cases in the first instance - Exceptions to the rule that election cases be first heard and decided by COMELEC in division: o Purely administrative case Corrections of errors in the tabulation or tally of results by the board of canvassers Correction of manifest errors by the board of canvassers Registration of voters

Required number of votes to reach a decision, resolution, order or ruling is not obtained in the division COMELEC En Banc - have exercise exclusive jurisdiction only on MR or decision of the COMELEC in division - Does not have the authority to hear and decide election cases in the first instance (or else, such decision is null and void) - Postponement, declaration of failure of election and the calling of special elections - Has the power to prosecute election cases (can conduct preliminary investigation) 2.11 Jurisdiction over petition for disqualification Petitions for disqualification and election protest of barangay officials o Original: MTC o Appellate: COMELEC - Petitions for DISQUALIFICATION of municipal, provincial, city, congressional, senatorial, VP and presidential officials o Filed before the election and not finally decided before the election: COMELEC has to continue to hear and resolve after the election o Filed after the election: COMELEC no longer has jurisdiction, but it may refer the case to its Law Department for preliminary investigation N.B. mere filing of a petition of disqualification before the election is not a ground to suspend the proclamation of the winning candidate 2.12 Votes required in adjudication of election cases Division: 2-1 decision is valid En banc: where there are only 5 members of the Commission, the vote of 3 members to affirm the 2-12 decision is valid Where the COMELEC en banc is equally divided in opinion or the necessary majority vote cannot be had, the case will be reheard - Still no decision is reached the action originally commenced in the COMELEC is dismissed
Kim Raisa O. Uy Ateneo Law School 2012

Appealed cases judgment or order appealed from shall stand affirmed Incidental matters petition or motion shall be denied

2.13 Petition for review to SC GR: any decision, order or ruling of the COMELEC en banc in the exercise of its quasi-judicial functions may be brought to the SC on certiorari (Rule 64 and 65) within 30 days from receipt of copy COMELEC Division MR COMELEC En Banc MR SC Where the COMELEC division has committed grave abuse of discretion in issuing an interlocutory order relative to an action pending before it aggrieved party may file a relief to the SC under Rule 65

2.14 To exercise appellate jurisdiction and to issue writs - COMELEC has exclusive appellate jurisdiction over all contests involving elective municpal officials decided by trial courts of general jurisdiction (RTC) as well as those involving elective barangay officials decided by trial courts of limited jurisdiction (MTC) 2.15 To exercise limited authority regarding barangay elections - COMELEC has no jurisdiction over protests involving Katipunan ng mga barangay (composed of popularly elected punong branagay) o COMELECs authority is limited by law to supervision of the election

COMELEC exercises only appellate jurisdiction over election contests involving elective barangay officials decided by MTC -

2.16 To decide all questions affecting elections - COMELECs power to decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters - Has the power to see to it that the elections are held in a clean and orderly manner and it may decide all questions affecting the elections and had original jurisdiction on all matters relating to election returns, including the verification of the number of votes received by opposing candidates in the election returns 2.17 To exercise supervision and control over election officials - COMELEC exercises 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 - Also has the power to review, modify, or set aside any act of such national and local officials which the Commission may find fit to do so - Has the power to see to it that officers performing administrative functions connected with elections shall comply with the duties assigned to them - Can suspend or remove officials or employees from office 2.18 To supervise and control bards of election inspectors and canvassers - COMELEC exercises immediate supervision and control over the boards of election inspectors and canvassers, and can require that the latter perform their functions 2.19 To relieve election inspectors and canvassers and substitute them - Members of the boards of election inspectors and canvassers are election officials, hence, any vacancy, temporary or permanent, can be filled only by the Commission, from:
Kim Raisa O. Uy Ateneo Law School 2012

Those expressly mentioned by law If not available, Commission can appoint those outside of what the law enumerates Includes the power to relieve any member for cause and to appoint a substitute

o o

2.20 To suspend or annul canvass and proclamation - Commission has the power to annul an illegal canvass and an illegal proclamation, as well as authority to suspend the canvass, or the proclamation of winning candidates - Commission is without power to annul or suspend the effects of proclamation without notice or hearing 2.21 To annul registry list of voters; determination of right to vote - Commission has the power to decide administrative questions concerning the registration of voters, which includes the power to annul illegal registry lists of voters - Determination of the right to vote is outside the Commissions jurisdiction - Questions concerning the right to vote, which are within the competence of the courts, refers to the administration of whether or not a person can exercise or is precluded from exercising the right of suffrage 2.22 To register political parties; decide leadership - Commission has the exclusive power to register political parties - Also the power to require candidates to specify in their certificates of candidacy their political party affiliation, allow political parties to appoint watchers, limit their expenditures, and determine whether their registrations should be cancelled in appropriate proceedings - Include the jurisdiction to resolve issues of political leadership in a political party, and to ascertain the identity of political party and its legitimate officers 2.23 To investigate and prosecute election offenses

The Commission has the exclusive authority to investigate and, if warranted, prosecute before the regular courts election offenses, whether committed by public officers or private persons Reason: to divest the COMELEC of the authority to investigate and prosecute offenses committed by public officials in relation to their office would seriously impair its effectiveness in achieving this clear constitutional mandate Election offenses committed by election officials in relation to their office can only be investigated and prosecuted by the Commission, not by the Ombudsman, and the same can be tried only before the regular courts, not the Sandiganbayan Power of the Commission to conduct preliminary investigation in cases involving election offenses for the purpose of helping the Judge determine probable cause and for filing an information in court is exclusive with the Commission

correspondingly adjusted by the COMELEC but such adjustment shall not be made within 120 days before the election Limitation: cannot transfer a municipality from one congressional district to another

2.27 To recommend administrative disciplinary sanctions The COMELEC may recommend disciplinary action against any officer deputized by it to help in the enforcement of election laws, who fails to comply with its instructions or violates any election law Before making such recommendation, it must first satisfy itself that there is indeed infraction of law or of its directives, and may thus conduct an administrative inquiry for such purpose 2.28 To act as board of canvassers for senators Chairman and members of COMELEC sitting en banc shall be the National Board of Canvassers for the election of senators This power is only ministerial The canvassers are to be satisfied of the genuineness of the returns 2.29 To issue rules and regulations 1987 Constitution empowers COMELEC to issue rules and regulations Omnibus Election Code also empowers the COMELEC to issue rules and orders to implement the said code o Effectivity: 7th day after publication in the OG or in at least 2 daily newspapers of general circulation in the Philippines o Orders and directives issued by the Commission shall be furnished by personal delivery to all parties concerned within 48hours from date of issuance and shall take effect immediately upon receipt unless a later date is specified

2.24 To subpoena and to grant immunity from suit In the exercise of its powers, the Commission has the authority to issue subpoena and grant immunity from criminal prosecution o Limitation: right against self-incrimination 2.25 To punish for contempt The Commission has the power to cite for contempt a person for contemptuous act as provided in the Rules of Court and impose the appropriate penalties as prescribed Commission can have the authority to punish for contempt only when it is exercising judicial or quasi-judicial functions and does not have that power when it is discharging its administrative or ministerial functions 2.26 To make adjustments in reapportionment of districts COMELEC is empowered to make minor adjustments of the reapportionment The number of members apportioned to the province out of which such new province was created or where the city, whose population has so increased, is geographically located shall be
Kim Raisa O. Uy Ateneo Law School 2012