ARTICLE IX
C. THE COMMISSION ON
ELECTIONS
Section 1. (1) There shall be
a Commission on Elections 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.
(2) 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.cralaw:red
Sec. 2. The Commission on
Elections shall exercise the following powers and functions:chanrobles virtual law library
(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.cralaw:red
Decisions, final
orders,
or rulings of the Commission on election contests involving elective
municipal
and barangay offices shall be final, executory, and not appealable.cralaw:red
(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.cralaw:red
(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
purpose of ensuring free, orderly, honest, peaceful, and credible
elections.cralaw:red
(5) 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.cralaw:red
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.cralaw:red
(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.cralaw:red
(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.cralaw:red
(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.cralaw:red
(9) Submit to the
President
and the Congress, a comprehensive report on the conduct of each
election,
plebiscite, initiative, referendum, or recall.cralaw:red
Section 3. The Commission on
Elections 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. All such election cases
shall
be heard and decided in division, provided that motions for
reconsideration
of decisions shall be decided by the Commission en banc.
Section 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, and 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.cralaw:red
Section 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.cralaw:red
Section 6. A free and open
party system shall be allowed to evolve according to the free choice of
the people, subject to the provisions of this Article.cralaw:red
Section 7. No votes cast
in favor of a political party, organization, or coalition shall be
valid,
except for those registered under the party-list system as provided in
this Constitution.cralaw:red
Section 8. Political parties,
or organizations or coalitions registered under the party-list system,
shall not be represented in the voters' registration boards, boards of
election inspectors, boards of canvassers, or other similar bodies.
However,
they shall be entitled to appoint poll watchers in accordance with law.cralaw:red
Section 9. Unless otherwise
fixed by the Commission in special cases, the election period shall
commence
ninety days before the day of election and shall end thirty days
thereafter.cralaw:red
Section 10. Bona fide
candidates for any public office shall be free from any form of
harassment
and discrimination.cralaw:red
Section 11. Funds certified
by the Commission as necessary to defray the expenses for holding
regular
and special elections, plebiscites, initiatives, referenda, and
recalls,
shall be provided in the regular or special appropriations and, once
approved,
shall be released automatically upon certification by the Chairman of
the
Commission. |