THE COMMISSION ON ELECTIONSHistory, Structures, Powers and Functions
By: Mamasapunod M. Aguam
Director IV, Planning Department
Historical Background
The Commision on Elections is mandated to give life and meaning to the basic principle that “soverenity resides in the people and all government authority emnates from them”. It is an independent constitutional body created by a 1940 amendment to the 1935 Constitution. Since then, its membership was enlarged ands its powers expanded to the 1973 and 1987 Constitutions. The Commission exercises not only adminitrative and quasi-judicial power as well.
Before the creation of the Commission, supervision over the conduct of elections was vested in the Executive Bureau, an office under the Department of the Interior, and later directly vested in the Department itself. The close official relationship between the President and the Secretary of the Interiror and the percieved compelling influence of the former over the latter bred suspicion that electoral exercises were manipulated to serve the political interest of the party to which they belonged.
The National Assembly was implied to propose the creation by the constitutional amendment of an independent Commission on Elections. The amendment was ratified by the Filipino people in a plebiscite on June 17, 1940 and approved on December 2, 1940.
Functions
The enlarged Commission on Elections was designed to cope with its expanded powers and functions provided for under the Constitution and existing laws. The Commission performs the following specific powers and functions:
- Enforce and administer all laws and regulationsrelative to the conduct of an election, plebescite, initiative, referendum, and recall.
- Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualificationsof all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective barangay officials decided by the trial courts of limited jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction.
- Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling.
Agency Mandate
The Commission on Elections was created by a 1940 amendment to the 1935 Constitution. Its existence as an independent constitutional body and the 1987 Constitution. The Commission on Elections is primarily established to have exclusive charge of the enforcement and administration of all laws and regulations relative to the conduct of election, plebescite , initiative, referendum and recall for the purpose of ensuring free, orderly, honest, peaceful and credible holding of political exercises.
Specific functions
The COMELEC performs the following functions:
- 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 officials decided by the trial courts of limited jurisdiction.
- 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.
- 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 purpose of ensuring free, orderly, honest, peaceful and credible elections.
- Register political parties, organizations, or coalitions and accredit citizens’s arms of the Commission on Elections.
- File petitions in court for the inclusion or exclusion of voters, investigate, and where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices.
- Recomment to the Congress effective measures to minimize election spending, including limitaion of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidates.
- Recommend to the President the removal of any officer or employee it has deputize, or the imposition of any other disciplinary action, for violation ot 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, plebescite, initiative, referendum, or recall.
- Perform suh other functions as may be provided by law.
