Brief Overview of the Commission on Elections (http://www.comelec.gov.

ph) The COMELEC is the principal government agency tasked by the Constitution to enforce and administer all laws and regulations concerning the conduct of regular and special elections. It is a body that is designed to be constitutionally independent from the executive, legislative and judicial branches of government to ensure the conduct of free, fair and honest elections. As an added measure, the constitution also grants fiscal autonomy to enable the COMELEC to operate effectively, efficiently and free from political interference. The constitution mandates that "funds certified by the Commission as necessary to defray the expenses for holding regular and special elections, plebiscites, initiatives, referenda, and recalls, will be provided in the regular or special appropriations and, once approved, will be released automatically upon certification by the Chairman of the Commission." In addition to its primary task of election administration, the COMELEC also performs judicial, regulatory and administrative functions. Its judicial mandate consists of taking 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. Exception issues involving the right to vote, it has regulatory and administrative authority to decide on all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters. The Commission has the power to propose to Congress measures to minimize election spending, including limitation of places where propaganda materials will be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies. Likewise, it can 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. On its own, or upon verified complaint, the COMELEC can file petitions in court for inclusion or exclusion of voters and investigate/prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices. The COMELEC consists of one Chairman and 6 commissioners, all of whom have a 7year term without reappointment. In all matters pertaining to election administration and policymaking, the commissioners act as a collegial body. In election cases and pre-proclamation controversies, however, the Commission sits in two divisions initially, but decides en banc on motion to reconsider a division decision.

Commission on Elections (COMELEC) The Commission on Elections, or COMELEC, which is one of the three constitutional commissions of the Philippines, is an independent administrative tribunal, co-equal with the other departments in respect to the powers vested in it (Abcede vs. Imperial, 103 Phil 136, 1958). It was established as a constitutional body by virtue of Resolution No.73, or the 1940 amendment to the 1935 Constitution and since then, its membership was enlarged and its powers expanded by the 1973 and 1987 Constitutions. It exercises not only administrative and quasijudicial powers, but judicial power as well. The Commission is mandated to give life and meaning to the basic principle that "sovereignty resides in the people and all government authority emanates from them." Its principal role is to enforce all laws and regulations relative to the conduct of elections, plebiscites, initiatives, referendums, and recall in order to protect the sanctity of the ballot and to ensure the free and honest expression of the popular will. The intention is to place outside the influence of political parties and the control of the legislative, executive, and judicial organs of the government. As an independent constitutional body exclusively charged with the power of enforcement and administration of all laws and regulations relative to the conduct of elections, plebiscites, initiatives, referendums, and recall, the COMELEC has the indisputable expertise in the field of election and related laws. Its acts, therefore, enjoy the presumption of regularity in the performance of official duties (Cayetano vs. Comelec, 479 SCRA 513, 2006).

Composition of the COMELEC The Commission is composed of a Chairman and six (6) Commissioners, who shall have over-all control of the Commission and, as a collegiate body, constitute as the policymaking body that lays down the guidelines and regulations for elections, referenda, plebiscites, initiatives and recalls in order to promote maximum efficiency in carrying out the constitutional duty to ensure free, clean and orderly elections and to administer and enforce effectively all laws relative to the conduct of elections. The Chairman acts as the Presiding Officer and Chief Executive Officer of the Commission. He directs and supervises the operations and internal administration of the Commission in accordance with its policies, rules and regulations. The Commissioners, on the other hand, exercise quasi-legislative and quasi-judicial functions either en banc or in division. They also perform such other functions as may be assigned by the Commission or the Chairman. The 1973 Constitution increased the membership from three (3) in the 1935 Charter to nine (9) on the theory that it would make it more difficult for the Commission to become the captive of any political party or group or any person who might be interested in the Commission deciding or taking action one way or the other. It was held by many that the bigger the membership of the Commission the less likely it was to be bought or influenced (1970 UPLC Constitution Revision Project, p. 576).
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The 1987 Constitution mandated a reduced membership among the members of the Commission from nine (9) to seven (7) but retained their term of seven years without reappointment. They can be removed from office only by impeachment and are provided with salaries fixed by law which shall not be decreased during their term of office. These are safeguards to ensure the independence of the Commission. At present, the COMELEC Chairman and Commissioners are:

Chairman: Sixto Brillantes, Jr. (15 January 2011 present) Commissioners: o Rene V. Sarmiento (07 April 2006 02 February 2011) o Lucenito N. Tagle (08 July 2008 02 February 2015) o Elias Yusoph (14 October 2009 02 February 2015) o Armando C. Velasco (08 November 2008 02 February 2013) o Christian Robert S. Lim (07 January 2011 present) o Ma. Gracia Cielo M. Padaca (08 October 2012 present)
In the final analysis, what is more important than the size of the Commission on Elections is the possession of the qualities of integrity, moral character and independence of mind by its members in the face of the feeling of public distrust towards this agency because of its alleged partiality and partisanship in past elections and the massive frauds and poll-related violence that attended them (De Leon, Constitutional Law, 2002 ed., p. 290).

Qualifications of Members Section 1(1), Article IX-C of the 1987 Constitution provides that Chairman and the six Commissioners 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. The reason for the requirement of membership in the Philippine Bar is the fact that the Commission exercises quasi-judicial powers in deciding all questions affecting elections, sitting either en banc or in two divisions, in order to expedite disposition of election cases including pre-proclamation controversies, except those involving the right to vote, which are left to the courts for final judicial determination. In addition, engaging in the practice of law does not have to be habitual nor involve courtroom practice. It simply means engaging in any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience (Cayetano vs. Monsod, G.R. No. 100113, September 3, 1991).

Disabilities (or Prohibitions) of Members Section 2, Article IX-A of the 1987 Constitution seeks to stress the principle that a public office is a public trust and thus, it provides that No member of a Constitutional Commission shall, during his tenure, hold any other office or employment. Neither shall he engage in the practice of any profession or in the active management or control of any business which in any way may be affected by the functions of his office, nor shall he be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the government or any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations or their subsidiaries. They shall also strictly avoid conflict of interest, as between personal or family interest and public interest, in the conduct of their office. The purpose of the prohibitions is to insure that the members of the Commission will devote their full time and attention to their official duties and prevent them from extending special favors to their relatives or to their own private business, and assure the public that they will be faithful and dedicated in the performance of their functions (Civil Liberties Union vs. The Executive Secretary, G.R. No. 83896, February 22, 1991; Bitonio vs. COA, G.R. No. 147392, March 12, 2004).

Appointment and Terms of Office of the Members Section 1(2), Article IX-C of the 1987 Constitution provides that the Chairman and the Commissioners are appointed by the President, with the consent of the Commission on Appointments for a term of seven (7) years without reappointment. Of the first Commissioners first appointed, three (3) shall hold office for seven (7) years, two (2) for five (5) years and the last members for three (3) years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. The staggering of term makes the Commission a continuing and self-perpetuating body and consequently, its members would have the benefit of the experience and expertise of the older members in the performance of its functions. The continuity of its tenure as a body makes for greater stability for its policies and decisions and serves as a guarantee against arbitrary action which is likely to occur in a body handling partisan questions (V.G. Sinco, op. cit., p. 576). Moreover, appointments or designations in temporary or acting capacity in the Commission are also not allowed. The COMELEC is an independent body and to preserve its independence, the members appointed to that position must be permanent. Otherwise, that independence and impartiality may be shaken and destroyed by a designation of a person or officer acting in such temporary capacity. In the case of Brillantes, Jr. vs. Yorac (G.R. No. 93867, December 18, 1990) wherein the President appointed Commissioner Yorac as Acting Chairman of the COMELEC, the Court ruled that her appointment was invalid because Section 1(2), Article IX-C of the Constitution prohibits appointment of members in a temporary or acting capacity. Also, Section 1, IX-A provides for the independence of the Commissions. Thus, in the absence of a Chairman of the COMELEC, the choice of a temporary Chairman falls under the discretion of the Commission and cannot be exercised for it by the President.
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