THE COMMISSION

ON ELECTIONS
COMPOSITION AND
QUALIFICATIONS
• 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. (SEC.
1, PAR. 1)
APPOINTMENT
• 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.
(SEC. 1, PAR. 2)
POWERS AN FUNCTIONS (SEC. 2)
1.Enforce and administer all laws and regulations relative to the conduct of an
election, 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 officials decided by trial courts of limited jurisdiction.
3.Decisions, final orders, or rulings of the Commission on election contests
involving elective municipal and barangay offices shall be final, executory,
and not appealable.
4.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.
• PLEBISCITE – is an electoral process by which an initiative on
the constitution is approved or rejected by the people.
• INITIATIVE – is the power of the people to propose
amendments to the constitution or to propose and enact
legislation through an election called for the purpose.
• REFERENDUM – is the power of the electorate to approve or
reject legislation through an election called for the purpose.
4. Register, after sufficient publication, political parties, organizations, or coalitions
which, in addition to other requirements, must present their platform or program of
government; and accredit citizens' arms of the Commission on Elections. Religious
denominations and sects shall not be registered. Those which seek to achieve
their goals through violence or unlawful means, or refuse to uphold and adhere to
this Constitution, or which are supported by any foreign government shall likewise
be refused registration.
5. Financial contributions from foreign governments and their agencies to political
parties, organizations, coalitions, or candidates related to elections, constitute
interference in national affairs, and, when accepted, shall be an additional ground
for the cancellation of their registration with the Commission, in addition to other
penalties that may be prescribed by law.
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 election 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 candidacies.
8. 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.
9. Submit to the President and the Congress, a comprehensive
report on the conduct of each election, plebiscite, initiative,
referendum, or recall.
SUFFRAGE
• The right to vote in the election of officers chosen by the people and
in the determination of questions submitted to the people.  Includes
within its scope, election, plebiscite, initiative and referendum.
A Right and A Privilege
 A right because it is the expression of the sovereign will of the
people.
 A privilege because its exercise is granted not to everybody but
to such persons or class of persons as are most likely to exercise it for
the purpose of the public good.
Theories on Suffrage
• 1. Natural Right Theory: Suffrage is a natural and inherent right of
every citizen who is not disqualified by reason of his own
reprehensible conduct or unfitness.
• 2. Social Expediency: Suffrage is a public office or function conferred
upon citizens who are fit and capable of discharging it.
• 3. Tribal Theory: It is a necessary attribute of membership in the State.
• 4. Feudal Theory: It is an adjunct of a particular status, generally
tenurial in character. A vested privilege usually accompanying
ownership of land.
• 5. Ethical Theory: It is a necessary and essential means for the
development of society.
ELECTION
• Election- the means by which the people choose their officials for a
definite and fixed period and to whom they entrust for the time being
the exercise of the powers of government.
KINDS:
• a. Regular - one provided by law for the elections of officers either
nationwide or in certain subdivisions thereof, after the expiration of the
full term of the former officers.
• b. Special - one held to fill a vacancy in office before the expiration of
the full term for which the incumbent was elected.
 VOTERS
• QUALIFICATIONS FOR SUFFRAGE
Citizenship: Citizen of the Philippines, not otherwise disqualified by law.
Age: At least 18 years of age
Residence
1. He /she should have resided in the Philippines for one year and;
2. 2. Resided in the city/municipality wherein he proposes to vote for at least 6 months
immediately preceding the election.
Registered: Must be a duly registered voter and whose name appears in the list of voters
No literacy, property or other substantive requirements shall be imposed on the
exercise of suffrage.
Transfer of residence due to work or occupation, profession or employment in private or
public service, education, etc., shall not be deemed to have lost his original residence (B.P.
881, Sec.117).
• Q: Y filed a petition for the cancellation of the certificate of candidacy
(COC) of X. Essentially, Y sought the disqualification of X for Mayor of
Z municipality alleging that X was not a registered voter in that
municipality since he failed to sign his application for registration, and
that the unsigned application for registration has no legal effect. X
countered that his failure to sign his application did not affect the
validity of his registration since he possesses the qualifications of a
voter set forth in the Omnibus Election Code as amended by Section 9
of R.A. 8189. Y insists that the signature in the application for
registration is indispensable for its validity as it is an authentication
and affirmation of the data appearing therein. Should X be
disqualified.
POLITICAL PARTIES
Party – means either a political party or a sectoral party or a coalition of parties.
• SECTORAL PARTY - an organized group of citizens belonging to any of the sectors
enumerated in Sec. 5 hereof whose principal advocacy pertains to the special
interest and concerns of their sector (Sec. 3, RA 7941).
• COALITION - an aggrupation of duly registered national, regional, sectoral parties or
organizations for political and/or election purposes.
• SECTORAL ORGANIZATION - a group of citizens or a coalition of groups of citizens
who share similar physical attributes or characteristics, employment, interests, or
concerns.
• POLITICAL PARTY - Organized group of citizens advocating an ideology or platform,
principles and policies for the general conduct of government and which, as the most
immediate means of securing their adoption, regularly nominates certain of its
leaders and members as candidates for public office.
***MUST first be duly registered with the COMELEC before it can acquire
juridical personality.
Kinds of Political Parties:
a. National party – constituency is spread over the geographical
territory of at least a majority of the regions.
b. Regional party – constituency is spread over the geographical
territory of at least a majority of the cities and provinces comprising
the region.
TYPES OF POLITICAL PARTIES
1. Registered Parties:
a. Dominant Majority Party – usually the administration party; entitled
to a copy of election return.
b. Dominant Minority Party – entitled to a copy of election return.
c. Majority Political Party
d. Top 3 Political Parties – entitled to appoint principal watcher and a
copy of the certificate of canvass.
e. Bottom 3 political parties – entitled to appoint principal watcher.
2. Non-registered parties
Criteria to Determine the Type of Political Party
a. Established Record of the said parties, showing in past
elections;
b. Number of Incumbent Elective Officials;
c. Identifiable political organizations and strengths;
d. Ability to fill a complete slate of candidates; and
e. Other analogous circumstances.
ELECTION OF PARTY-LIST SYSTEM:
The party-list system is a mechanism of proportional representation in
the election of representatives to the House from national, regional
and sectoral parties or organizations or coalitions thereof registered
with the COMELEC.(Sec. 3[a], R.A. 7941).
REGISTRATION: Any organized group of persons may register as a party,
organization or coalition for purposes of the party-list system by filing
with the COMELEC not later than ninety (90) days before the election, a
petition verified by its president or secretary stating its desire to
participate in the party-list system as a national, regional or sectoral
party or organization or a coalition of such parties or organizations.
ELECTION OF PARTY-LIST
REPRESENTATIVES
The party-list representatives shall constitute twenty per centum of the
total number of representatives including those under the party-list.
(Sec. 5[2], Art. VI. 1987, Constitution).
Nomination of Party-List Representatives:
Each registered party, organization or coalition shall submit to
the COMELEC not later than forty-five (45) days before the election a
list of names, not less than five (5), from which party-list
representatives shall be chosen in case it obtains the required number
of votes.
Qualifications of Party-List
Representatives:
1. natural-born citizens of the Philippines;
2. a registered voter
3. a registered voter of the Philippines for a period of not less than one (1) year
immediately preceding the day of the election;
4. able to read and write;
5. a bona fide member of the party or organization which he seeks to represent
for at least ninety (90) days preceding the day of the election;
6. at least twenty (25) years of age on the day of the election; in case of a
nominee of the youth sector, he must at least be twenty (25) but not more
than thirty (30) years of age on the day of the election. Any youth sectoral
representative who attains the age of thirty (30) during his term shall be
allowed to continue in office until the expiration of his term.(Section 9, R.A.
7941).
ELECTION CAMPAIGN / PARTISAN POLITICAL
ACTIVITY
The term "election campaign" or "partisan political activity" refers to an act
designed to promote the election or defeat of a particular candidate or
candidates to a public office which shall include:
1. Forming organizations, associations, clubs, committees or other groups of
persons for the purpose of soliciting votes and/or undertaking any campaign
for or against a candidate;
2. Holding political caucuses, conferences, meetings, rallies, parades, or other
similar assemblies, for the purpose of soliciting votes and/or undertaking any
campaign or propaganda for or against a candidate;
3. Making speeches, announcements or commentaries, or holding interviews for
or against the election of any candidate for public office;
4. Publishing or distributing campaign literature or materials designed to
support or oppose the election of any candidate; or
5. Directly or indirectly soliciting votes, pledges or support for or against a
candidate
CASES:
• 1. G.R. No. 210200, September 13, 2016 , JULIET B. DANO, VS.
COMELEC & MARIE KAREN JOY B. DIGAL
• 2. G.R. No. 205033, June 18, 2013, ROMEO G. JALOSJOS, VS. COMELEC
• 3. G.R. Nos. 154796-97. October 23, 2003, RAYMUNDO A. BAUTISTA
"OCA", vs. HONORABLE COMMISSION ON ELECTIONS, JOSEFINA P.
JAREÑO, HON. MAYOR RAYMUND M. APACIBLE, FRANCISCA C.
RODRIGUEZ, AGRIPINA B. ANTIG, MARIA G. CANOVAS, and DIVINA
ALCOREZA,
• 4. G.R. No. 134047 December 15, 1999, AMADO S. BAGATSING,
ERNESTO M. MACEDA, and JAIME LOPEZ, vs. COMELEC and JOSE L.
ATIENZA
• 5. G.R. No. 221698-700, MARY GRACE NATIVIDAD S. POE-
LLAMANZARES, vs. COMELEC, FRANCISCO S. TATAD,
ANTONIO P. CONTRERAS AND AMADO D. VALDEZ
• 6. G.R. No. 227158. April 18, 2017, JOSEPH C. DIMAPILIS, VS.
Comelec
• 7. G.R. No. 134047 December 8, 1999, AMADO S. BAGATSING,
ERNESTO M. MACEDA, and JAIME LOPEZ, vs.
COMMISSION ON ELECTIONS and JOSE L. ATIENZA,
• 8. UDK-16915, February 15, 2022, JOSEPH ROBLE PEÑAS, VS.
COMMISSION ON ELECTIONS, REPRESENTED BY THE
CAMPAIGN FINANCE UNIT