Comelec [Chapters 16-17]

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<p>Elections for President and Vice President</p> <p>COMMISSION ON ELECTIONSVox populi, vox DeiReport byJirene BuenoJustine ParroneMika PengsonEldan PocotKris TresvallesAdministrative &amp; Election LawFEU-LLB4201Atty. Benedict Gonzales</p> <p>Chapter XVIBasic Aspects of COMELEC</p> <p>COMELEC Independent Constitutional Body (Art. IX-C, 1987 Constitution) Mandated to implement the laws and regulations related to electoral exercises An administrative body Its powers and functions are essentially EXECUTIVE, QUASI-LEGISLATIVE and QUASI- JUDICIAL. Has granted JUDICIAL AUTHORITY for all contests relating to elections, returns and qualifications of all elective local officials</p> <p>Sources of its POWERS 1987 ConstitutionAdministrative Code (E.O. 292)Omnibus Election Code (B.P. 881)</p> <p>Powers Under the 1987 ConstitutionEnforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recallHas EXCLUSIVE ORIGINAL jurisdiction over all electoral contestsDecide regarding determination of the number and location of polling places, appointment of election officials and inspectors , and registration of voters</p> <p>Powers Under the 1987 Constitution</p> <p>Deputize law enforcement agencies with the concurrence of the President including Armed Forces of the Philippines (AFP) for the purpose of ensuring FREE,ORDERLY, HONEST , PEACEFUL and CREDIBLE ELECTIONSRegistration of political partiesFile petitions in Court for inclusion or exclusion of voters and violations of election lawsRecommend effective measures to the Congress to minimize election spending </p> <p>Powers Under the 1987 Constitution</p> <p>Recommend removal of official or employee for violation or disregard or disobedience to its directive, order or decisionSubmit comprehensive report on the conduct of elections to the President and the CongressFunctions under Administrative Code</p> <p>Exercise direct and immediate supervision and control over national and local officials including members of any law enforcement agency and instrumentality of the government. Publication of a newspaper of general circulation certified data on the number of official ballots and election returns Functions under Administrative Code</p> <p>Have exclusive charge of the enforcement and administration of all laws relative to the conduct of electionsPromulgate rules and regulations implementing provisions of Omnibus Election Code and other related lawsFix reasonable periods for election requirements</p> <p>Functions under Administrative Code</p> <p> Cancel certificate of candidacy in case of nuisance candidatesPostpone elections after due notice and hearing Call for the holding or continuation of election not held in any polling place on reasons of force majeure, violence, terrorism, fraud or other analogous cases Functions under Administrative Code</p> <p>Call special election in case a vacancy arises in the Senate or in the House of Representatives Summon parties to a controversy Issue subpoena duces tecum and take testimony in any investigation or hearingPunish for contempt according to procedure and with penalties providedEnforce and execute decisions, directives, orders and instructionsFunctions under Administrative Code</p> <p>Prescribe forms to be used in the electionProcure supplies, equipment, materials or services needed for the holding of the electionPrescribe the use or adoption of the latest technological and electronic devices Constitute a pool of standby-teachers from which substitutes shall be drawn in case a member of the Board of Election Inspectors failed to report or refused to act as such on the day of electionFunctions under Administrative Code</p> <p>Carry out a continuing and systematic campaign through newspaper of general circulation, radio and other media formsAccredit non-partisan groups or organizations known for their probity, impartiality and integrityConduct hearings on controversies pending before it Functions under Administrative Code</p> <p>Have exclusive jurisdiction over all pre-proclamation controversiesHave exclusive power to conduct preliminary investigation of all election offenses punishable under Omnibus Election Code and to prosecute the same </p> <p>Powers and Functions Under theOmnibus Election CodeHave exclusive charge of the enforcement and administration of all laws relative to the conduct of elections for the purpose of ensuring free, orderly and honest elections Have other similar functions provided in the Administrative CodeGeneral</p> <p>Powers and Functions Under theOmnibus Election CodeBefore ElectionUndertake information campaign on salient feature of this CodeHelp in the dissemination of orders, decisions and resolutions of COMELECConduct registration of voters Cleanse list of voters of illegal registrantsReport to the COMELEC on violations of the provisions of this Code</p> <p>Powers and Functions Under theOmnibus Election CodeDuring ElectionEncourage all registered voters in to go to their polling places and cast their votes Nominate one watcher in each polling place who shall have the same duties, functions and rights as the other watchers of political parties Report to the peace authorities and other appropriate agencies of terrorism, intimidation of voters and other similar cases</p> <p>Nature of the COMELECs Powers and Functions Essentially executive and administrative</p> <p>(Enforcement and administration)</p> <p>Nature of the COMELECs Powers and Functions (Enforcement and administration)COMELEC is intended to prevent any and all forms of election fraud or violation of the Election Law, but if it fails , some other agencies of the Government is charged to cure or remedy the resulting evil</p> <p>Nature of the COMELECs Powers and Functions (Enforcement and administration)However, the authority to nullify canvass although curative in nature was justified under the widely encompassing constitutional power of the COMELEC to insure free, orderly and honest elections</p> <p>Nature of the COMELECs Powers and Functions The COMELECs power to annul proclamations has been upheld on certain grounds by the Supreme Court:Proclamation made after an illegal canvass;Proclamation based on incomplete returns;Proclamation calling attention to an inadvertent and unintentional mistake in the election return and correcting the sameProclamation made by an unauthorized meeting</p> <p>Nature of the COMELECs Powers and Functions The power to determine the validity or nullity of the votes questioned by either of the contestants(Enforcement and administration)</p> <p>Nature of the COMELECs Powers and Functions The authority to determine whether or not a person can exercise or is precluded from enjoying the right of suffrage is a judicial question(Enforcement and administration)</p> <p>Nature of the COMELECs Powers and Functions Power to adjudicate issues has not been included among the powers of the Commission(Enforcement and administration)</p> <p>COMPOSITION OF COMELEC</p> <p>Source: www.comelec.gov.ph</p> <p>Composition and Organization of the COMELEC Chairman and 6 Commissioners who shall be: Natural-born citizens of the Philippines at least 35 years of age holders of a college degree must not have been candidates for any elective positions in the immediately preceding elections</p> <p>Majority of the members, including the Chairman shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years.</p> <p>Appointment Chairman and the Commissioners Appointed by the President with the consent of the Commission on Appointments for a term of 7 years without reappointment</p> <p>COMELEC COMELEC may sit en banc or in two divisions and shall promulgate its rules of procedure in order to expedite disposition of election cases, including pre-proclamation controversies.</p> <p>Chairman</p> <p>Commissioner Christian Robert LimActing ChairmanChairman as executive officer; powers and dutiesExecute and administer the policies, decisions, orders and resolutions approved by the Commission;Direct and supervise the operations and internal administration of the Commission;Sign appointments of subordinated officials and employees made by the Commission and enforce decisions on administrative discipline involving them;</p> <p>Chairman as executive officer; powers and dutiesMake temporary assignments, rotate and transfer personnel in accordance with the provisions of the Civil Service Law; Submit an annual budget to the Commission for its approval; Delegate his authority, in whole or in part, to other officials of the Commission, in accordance with the rules and regulations of the Commission;Perform such other duties as may be authorized by the Commission</p> <p>Executive Director; powers and dutiesAdvise and assist the Chairman in the formulation and implementation of the objectives, policies, plans and programs of the Commission; Serve as the principal assistant of the Chairman in the overall supervision of the administrative business of the Commission; Oversee all the operational activities of the Commission; Coordinate the programs and projects of the Commission and be responsible for its economical, efficient and effective administration; Serve as deputy to the Chairman in all matters relating to the operational activities of the Commission; Administer oaths in connection with all matters relating to the business of the Commission; and Perform such other duties as may be assigned by the Chairman.</p> <p>Staff and operating units Office of the Chairman Office of the Executive Director Office of the Electoral Contests Adjudication Regional Offices Election and Barangay Affairs Department Law Department Election Records and Statistics Department Administrative Service Department Planning Department Personnel Department Finance Services Department Education and Information Department</p> <p>Field Offices Regional Election Office Provincial Election Office City Municipal Election office</p> <p>Heads of Field OfficesOnly members of the Philippines Bar shall be eligible for appointment to the position of regional director, assistant regional director, provincial election supervisor and election registrar. However, if there are no members of the Philippine Bar available for appointment as election registrar, except in cities and capital towns, graduates of duly recognized schools of law, liberal arts, education or business administration who possess the appropriate civil service eligibility may be appointed to said position. </p> <p>Changes in the Composition, Distribution of Assignment of Field OfficesThe Commission may make changes in the composition, distribution and assignment of field offices, as well as its personnel, whenever the exigencies of the service and the interest of free, orderly, honest, peaceful and credible election so require: Provided, That such changes shall be effective and enforceable only for the duration of the election period concerned and shall not affect the tenure of office of the incumbents of positions affected and shall not constitute a demotion, either in rank of salary, nor result in a change of status; Section 13, Sub-title C, Title 1, Book V, EO 292 </p> <p>Changes in the Composition, Distribution of Assignment of Field Offices Section 13, Sub-title C, Title 1, Book V, EO 292 </p> <p>Provided, further, that there shall be no changes in the composition, distribution or assignment within thirty (30) days before election, except for cause and after due notice and hearing, and that in no case shall a regional or assistant regional director be assigned to a region, or a provincial election supervisor to a province, or a city municipal election registrar to a city or municipality, where he and/or his spouse are related to any candidate within the fourth civil degree of consanguinity or affinity as the case may be. </p> <p>COMELEC is an Independent Constitutional Body Independent administrative body which was established to take charge of the enforcement of all laws relative to the conduct of elections It should be given wider latitude in devising ways and means that will insure the accomplishment of its objectiveCourts should not interfere, unless the choice of means are patently illegal or constitute grave abuse of discretion It is not a court in the strict technical sense Its exercise of functions partake of the nature of judicial power is only by way of a constitutional exceptionElection Body is not a CourtReview by the Supreme CourtWhile the law states that Decisions, final orders or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final, executory, and not appealable, it does not prohibit the bringing of said decisions or orders to the Supreme Court by way of Certiorari under Rule 65</p> <p>Chapter XVIIElection of Public Officials</p> <p>Elections for President and Vice PresidentBe elected by DIRECT VOTE OF THE PEOPLEPURPOSE: the system of directly electing the top 2 officials of the nation is believed to be more Democratic and EgalitarianDATE OF ELECTION: regular election for President and Vice President shall be held on 2nd Monday of May, unless otherwise provided by lawTERM OF OFFICE: 6 years which shall officially commence at:noon on the 30th day of June next following the day of the election; and end at noon of the same date, 6 years thereafter</p> <p>Section 4, Article 7 of 1987 Constitution</p> <p>42Elections for President and Vice PresidentSection 4, Article 7 of 1987 ConstitutionVoluntary renunciation for any length of time shall not be considered as an interruption in the service for full term, for which he was elected.</p> <p>President</p> <p>Vice-PresidentNo VP shall serve for more than 2 successive termsNON ELIGIBILITY FOR RE-ELECTION:No person who had succeed as President and served for more than 4 years43</p> <p>Qualification of President and Vice PresidentSection 2 and 3, Article 7 of 1987 Constitution</p> <p>PresidentNatural born citizen of the PhilippinesA registered voterAble to read and writeAt least 40 y/o on the day of the electionResident of the Philippines for at least 10 years, immediately preceding such electionNatural born citizen of the PhilippinesA registered voterAble to read and writeAt least 40 y/o on the day of the electionResident of the Philippines for at least 10 years, immediately preceding such election</p> <p>Vice-President44Congress as national board of canvassersReturns of every election for President and VP which are certified by board of canvassers of each province/citytransmittedCongress, directed to the SENATE PRESIDENTOpenall the certificates inthe presence of theSenate and House of Representatives in joint public session not later than 30 days after the day of the electionUpon determination of its authenticity, Congress shall canvass the votesPerson with the highest number of vote shall be proclaimed electedIn case there are 2 or more shall have an equal and highest number of vote, one of them shall be chosen by:VOTE OF MAJORITY OF ALL MEMBERS OF CONGRESS, VOTING SEPERATELY12345645</p> <p>1973 ConstitutionNational Canvass is a mini...</p>