The present Commission on Elections as organized
and constituted is a creation of the 1987 Philippine Constitution. It is composed
of a Chairman and six Commissioners who shall be
natural-born citizens of the Philippines and, at the time of their appointment,
at least thirty-five years of age, holders of a college degree, and must not
have been candidates for any elective positions in the immediately preceding
elections. However, a majority thereof, including the Chairman, shall be
members of the Philippine Bar who have been engaged in the practice of law for
at least ten years.[1]
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.[2]
The mandated functions[3]
of the Commission are as follows:
1. Enforce
and administer all laws and regulations relative to the conduct of and
elections, plebiscite, initiative, referendum, and recall.
2. Exercise
exclusive original jurisdiction over all contests relating to the elections,
returns, and qualifications 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 official decided by trial courts of limited
jurisdiction.
3. 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.
4. Deputize,
with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government, including the Armed Forces of the
Philippines, for the exclusive purposes of ensuring free, orderly, honest,
peaceful credible elections.
5. Register,
after sufficient publication, political parties, organizations, of coalitions
which, in addition to other requirements, must present their platform or
program of government; and accredit citizens arms of the Commission on
Elections.
6. File,
upon a verified complaint, or on its own initiative, petitions in court for
inclusion or exclusion of voters; investigate and, where appropriate, prosecute
cases of violations of elections laws, including acts or omissions constituting
election frauds, offenses, and malpractices.
7. 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
candidates.
8. Recommed
to the President the removal of any officer of 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.
9. Submit
to the President and the Congress a comprehensive report on the conduct of each
election, plebiscite, initiative, referendum, or recall.
Further, the Commission is also vested with additional
and vast powers as provided under the 1987 Philippine Constitution[4],
as follows:
Sec. 4. The Commission may,
during the election period, supervise or regulate the enjoyment or utilization
of all franchises or permits for the operation of transportation and other
public utilities, media of communication or information, all grants, special
privileges, or concessions granted by the Government or any subdivision,
agency, or instrumentality thereof, including any government-owned or
controlled corporation or its subsidiary. Such supervision or regulation shall
aim to ensure equal opportunity, time, and space ,and the right to reply,
including reasonable, equal rates therefor, for public information campaigns
and forums among candidates in connection with the objective of holding free,
orderly, honest, peaceful, and credible elections.
Sec. 5. No pardon, amnesty,
parole, or suspension of sentence for violation of election laws, rules, and
regulations shall be granted by the President without the favorable
recommendation of the Commission.
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