Comelec Posc23

COMMISSION
ON ELECTIONS
22 August 1940
FILIPINO:
KOMISYON SA
HALALAN
Vox Populi, Vox Dei is
Latin for "the voice of
the people is the voice
of God."
Mission Vision
 We, the guardians of the  Empowered, independent
sovereign will of the Filipino and fully modernized
people commit ourselves to institution ensuring credible
conduct clean, credible, free,
honest, orderly and modernized elections in strong
electoral exercises and to partnership with an
empower the electorate toward a enlightened citizenry.
vibrant Philippine democracy.
COMPOSITION &
CREATION
 The COMELEC consists of one Chairman and 6
commissioners, all of whom have a 7-year 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.
QUALIFICATIONS
THE ABOVEMENTIONED
MUST SATISFY THE
FOLLOWING
QUALIFICATIONS:
a natural-born citizen of the Philippines;

 at least thirty-five years of age;
 holder of a college degree; and
 has not been a candidate for any elective position in the immediately
preceding elections.
 In addition, the chairman and a majority of the commissioners must be
members of the Philippine Bar who have been engaged in the practice of
law for at least ten years.
ORGANIZATIONAL
CHART
PRESENT
MEMBERS OF THE
COMMISSION
Updated: 25 May 2018
SHERIFF M.
ABAS
• Chairman Abas served as lawyer
and acting Assistant Regional
Director of the Civil Service
Commission in the Autonomous
Region in Muslim Mindanao for
8 years.
• Chairman Abas is the first
COMELEC Chairman from
Mindanao; the first Muslim
Chairman; and the first
Commissioner to become
Chairman. Born in 1979,
Chairman Abas is also the
youngest head of the poll body at
38.
INHIBITIONS
COMELEC RULES OF
PROCEDURES - PART II - RULE 4
Section 1. Disqualification or Inhibition of Members. -
 No Member shall sit in any case in which he or his spouse or child is related to
any party within the sixth civil degree or consanguinity or affinity, or to the
counsel of any of the parties within the fourth civil degree of consanguinity or
affinity, or in which he has publicly expressed prejudgment as may be shown by
convincing proof, or in which the subject thereof is a decision promulgated by
him while previously serving as presiding judge of an inferior court, without the
written consent of all the parties, signed by them and entered in the records of the
case; Provided, that no Member shall be the "ponente" of an en banc
decision/resolution on a motion to reconsider a decision/resolution written by him
in a Division.
 If it be claimed that a Member is disqualified from sitting as above provided,
the party raising the issue may, in writing, file his objection with the
Commission, stating the grounds therefor. The member concerned shall either
continue to participate in the hearing or withdraw therefrom, in accordance
with his determination of the question of his disqualification. His decision
thereon shall forthwith be made in writing and filed with the Commission for
proper notation and with the records of the case. No appeal or stay shall be
allowed from, or by reason of, his decision in favor of his own competency
until after final judgment in the case.
 A Member may, in the exercise of his sound discretion, inhibit himself from
sitting in a case for just or valid reasons other than those mentioned above.
PROHIBITIONS
Section 261 of the Omnibus Election Code of the Philippines
provides:
SECTION 1. PROHIBITED
ACTS
SEC. 261. Prohibited Acts - The following shall be guilty of an election offense:
 (h) Transfer of officers and employees in the civil service. - Any public official who makes or
causes any transfer or detail whatever of any officer or employee in the civil service including
public school teachers, within the election period except upon prior approval of the
Commission.
 (x) Suspension of elective provincial, city, municipal or barangay officer. - The provisions of
law to the contrary notwithstanding during the election period, any public official who
suspends, without prior approval of the Commission, any elective provincial, city, municipal
or barangay officer, unless said suspension will be for purposes of applying the Anti-Graft and
Corrupt Practices Act in relation to the suspension and removal of elective officials; in which
case the provision of this section shall be inapplicable.
SECTION 5 OF REPUBIC ACT NO. 10923, AMENDING
SECTION 261 SUBSECTION (G) OF THE
OMNIBUS ELECTION CODE IN SO FAR AS BARANGAY
AND SANGGUNIANG KABATAAN ELECTIONS ARE
CONCERNED, PROVIDES:
 Section 5. Prohibition on Appointments of Government Officials and
Employees - The appointment or hiring of new employees, creation of new
position, promotion, or giving of salary increases, remuneration or privileges
in the barangay shall be prohibited for a period of ten (10) days immediately
preceding the election, the provisions of Section 261, paragraph (g) of the
Omnibus Election Code to the contrary notwithstanding.
POWERS AND
FUNCTIONS
 Enforce and administer all laws and regulations relative to the conduct of an
election, plebiscite, initiative, referendum, and recall.
 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.
 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, 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, after sufficient publication, political parties, organizations, or coalitions
which, in addition to other requirements, must present their platform or program of
government; and accredited citizens' arms of the Commission on Elections.
 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
elections frauds, offences, and malpractices.
 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, offences, malpractices, and
nuisance candidates.
 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.
 Submit to the President and the Congress a comprehensive report on the conduct
of each election, plebiscite, initiative referendum, or recall.
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.
RECOMMENDATORY
POWERS
 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 malpractice.

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