CHAPTER 15 COMMISSION ON ELECTION CHAPTER 16 COMMISSION ON AUDIT

CHARINA S. BARTOLOME
REPORTER

CHAPTER 15 THE COMMISSION ON ELECTION (COMELEC)

Composition: (7)
1 Chairman and 6 Commissioners

Qualifications:
Natural-born citizens of the Philippines At least 35 years of age at the time of their appointment Holders of a college degree Not candidates for any elective position in the immediately preceding elections Majority of the Commission, including the Chairman must be: Members of the Philippine Bar Engaged in the practice of law for at least 10 years Appointments subject to CA approval

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Term:
7 years (1st appointed:Chairman-7 yrs.; 3 Members-7 yrs.; 2 Members-5 yrs.; 1 Member-3 yrs.) Limitation: Single term only: no reappointment allowed Appointment to a vacancy: only for unexpired portion of predecessors term No temporary appointments, or appointments in acting capacity

Thus, the President cannot designate an incumbent commissioner as acting Chairman Engaged in the practice of law for at least 10 years

Powers and Functions: 1. Enforcement of Election Laws

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Require compliance with the rules for the filing of certificates of candidacy Prevent or prosecute election offenses Supervise the registration of voters and holding of the polls See to it that the canvass of the votes and the proclamation of the winners are done in accordance with law Annul an illegal registry of voters Cancel a proclamation made by the board of canvassers on the basis of an irregular or incomplete canvass Oust the candidate proclaimed notwithstanding that he has already assumed office.

2. Decision of Election Contests

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Exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective Appellate jurisdiction over all contests involving a)elective municipal officials decided by trial courts of general jurisdiction, b)elective barangay officials decided by trial courts of limited jurisdiction Decisions, final orders, or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final, executory, and not appealable EXCEPTION: appealable to the Supreme Court on questions of law Contempt powers only in relation to its adjudicatory or quasi-judicial functions and cannot exercise this in connection with its purely executive or ministerial functions

3. Decision of Administrative Questions

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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

4. Deputization of Law-Enforcement Agencies

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With the concurrence of the President, law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections

5. Registration of Political Parties

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The political parties must present their platform or program of government There should be sufficient publication Groups which cannot be registered a)religious denominations/sects; b)groups which seek to achieve their goals through violence or unlawful means; c)groups which refuse to uphold and adhere to the constitution; d)groups which are supported by any foreign government such as financial contributions related to elections.

6. File complaints
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Upon a verified complaint, or on its own initiative, petitions in court for inclusion of exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses and malpractices

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Has exclusive jurisdiction to investigate and prosecute cases for violations of election laws Can deputize prosecutors for this purpose Preliminary investigation conducted is valid

7. Improvement of Elections
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Recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies 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 Submit to the President and the Congress a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall

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ELECTION PERIOD
Section 9 Unless otherwise fixed by the Commission in special cases, the

election period shall commence ninety days before the day of election and shall end thirty days thereafter

PARTY SYSTEM
Political Party is an organized group of persons pursuing the same political ideals in a government and includes its branches, and divisions.

Importance of registration of a political party

a. b. c. Registration confers juridical personality on the party It informs the public of the partys existence and ideals It identifies the party and its officers for purposes Section 7 No votes cast in favor of a political party, organization,

or coalition shall be valid, except for those registered under the party list system as provided in this Constitution
Political parties, organizations, or coalitions registered under the party-list system shall not be represented in the voters registration board, board of election inspectors, board of canvassers, or other similar bodies. Political bodies are entitled to appoint poll watchers in accordance with law.

FUNDING
Funds certified by the COMELEC as necessary to defray the expenses for holding regular and special elections, plebiscites, initiative, referenda and recalls shall provided in the regular or special appropriations. Funds should be certified by the COMELEC as necessary Funds once approved should be released automatically upon certification by the Chairman of COMELEC

CHAPTER 16 THE COMMISSION ON AUDIT (COA) Composition: (3)

1 chairman 2 commissioners

Qualifications:
Natural born citizens of the Philippines At least 35 years old at the time of their appointment Either CPAs with at least 10 years auditing experiences or members of Phil. Bar with 10 years of practice Member cannot all belong to the same profession Subject to confirmation of CA Must not have been candidates for any elective position in the elections immediately preceding their appointment

Term:
7 years (1st appointees) Chairman-7 yrs.; Commissioner 1-5 yrs.; Commissioner 2-3 yrs.) Limitation: single terms only; no reappointment allowed Appointments to any vacancy shall only be for the unexpired portion of predecessors term

Power:
1. Examine, audit, and settle accounts pertaining to revenue and receipts of funds or property owned or held in trust by, or pertain to the government, any of its subdivisions, agencies or instrumentalities including GOCCs with original charters Conduct post audit with respect to the following:

2.

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Constitutional bodies, commissions, and offices granted fiscal autonomy Autonomous state colleges and universities GOCCs and their subsidiaries incorporated under the Corporation Code Non-governmental entities receiving subsidies or equity, directly or indirectly, from or through the government, which are required by law of the granting of institution to submit such audit

3. 4. 5.

6.

If COA finds internal control system of audited agencies as inadequate, COA may adopt measures, including temporary or special pre-audit, as may be necessary Keep the general accounts of the government, preserving vouchers and other supporting papers pertaining thereto Exclusive authority to define the scope of COAs audit and examination and to establish the techniques and methods required therefore Promulgate accounting and auditing rules and regulations including those for the prevention or disallowance of irregular, unnecessary, excessive, extravagant or unconscionable expenditures or uses of government funds and properties; failure to comply with these rules can be a ground for disapproving the payment of a proposed expenditure

Prohibited Exemptions:
Section 3 No law shall be passed exempting any entity of the Government or its subsidiary in any guise whatever, or any investment of public funds, from the jurisdiction of the Commission on Audit

Report:
Section 4 The Commission shall submit to the President and the Congress, within the time fixed by law, an annual report covering the financial condition and operation of the Government, its subdivisions, agencies, and instrumentalities, including government-owned or controlled corporation, and non-governmental entities subject to its audit, and recommend measures necessary to improve their effectiveness and efficiency. It shall submit such other reports as may be required by law.