POWERS and FUNCTIONS of
the Commission on Elections
(As Provided by the Administrative Code of
1987)
In
addition to the powers and functions conferred upon it by the Constitution, the
Commission on Elections has the exclusive charge of the enforcement and
administration of all laws relative to the conduct of elections, for the
purpose of ensuring free, orderly, honest, peaceful and credible elections, as
provided for by the Administrative Code
of 1987.
The Code
provides the following, to wit:
(1)
Promulgate rules and regulations implementing the provisions of the Omnibus
Election Code or other laws which the Commission is required to enforce and
administer;
(2) Fix
other reasonable periods for certain pre-election requirements in order that voters
shall not be deprived of their right of suffrage and certain groups of rights
granted them in the Omnibus Election Code;
Unless
indicated in the Omnibus Election Code, the Commission is hereby authorized to
fix the appropriate period for the various prohibited acts enumerated therein
consistent with the requirements of free, orderly, honest, peaceful, and
credible elections.
(3)
Exercise direct and immediate supervision and control over national and local
officials or employees, including members of any national or local law
enforcement agency and instrumentality of the government required by law to
perform duties relative to the conduct of elections, it may authorize CMT
cadets, eighteen years of age and above to act as its deputies for the purpose
of enforcing its orders; [see People vs. Basilla, 179 SCRA 87]
The
Commission may relieve any officer or employee referred to in the preceding
paragraph from the performance of his duties relating to electoral processes
who violates the election law or fails to comply with its instructions, orders,
decisions or rulings, and appoint his substitute. Upon recommendation of the Commission, the
corresponding proper authority shall suspend or remove from office any or all
of such officers or employees who may, after due process, be found guilty of
such violation or failure.
(4) During
the period of the campaign and ending thirty days thereafter, when in any area
of the country there are persons committing acts of terrorism to influence
people to vote for or against any candidate or political party, the Commission
shall have the power to authorize any member or members of the Armed Forces of
the Philippines, the National Bureau of Investigation, the Integrated National
Police or any similar agency or instrumentality of the government, except
civilian home defense forces, to act as deputies for the purpose of insuring
the holding of a free, orderly, honest, peaceful, and credible elections;
(5)
Publish at least ten (10) days before an election in a newspaper of general
circulation certified data on the number of official ballots and election returns
and the names and address of the printers and the number printed by each;
(6)
Refuse, motu proprio or upon a verified petition, to give due
course to or cancel a certificate of candidacy if it is shown that said
certificate has been filed to put the election process in mockery or disrepute
or to cause confusion among the voters by the similarity of the names of the
registered candidates or by other circumstances or acts which clearly
demonstrate that the office which the certificate of candidacy has been filed
and thus prevent a faithful determination of the true will of the electorate;
(7)
Postpone, motu proprio or upon verified petition and after due
notice and hearing whereby all interested parties are afforded equal
opportunity to be heard, the election to a date which should be reasonably be
close to the date of the election not held, suspended or which resulted in a
failure to elect but not later than thirty days after the cessation of the
cause for such postponement or suspension of the election or failure to elect,
when for any serious cause such as violence, terrorism, loss or destruction of
election paraphernalia or records, force majeure, and other analogous causes
the holding of a free, orderly, honest, peaceful, and credible election should
become impossible in any political subdivision.
(8) Call
for the holding or continuation of election not held in any polling place where
on account of force majeure, violence, terrorism, fraud or other analogous
causes the election has not been held on the date fixed, or had been suspended
before the hour fixed by law for the closing of the voting, or after the voting
and during the preparation and the transmission of the election returns or in
the custody or canvass thereof, such election results in a failure to elect and
in any of such cases the failure or suspension of election would affect the
result of the election. Such call should
be on the basis of a verified petition by any interested party and after due
notice and hearing, and the new date should be reasonably close to the date of
the election not held, suspended or which resulted in a failure to elect but
not later than thirty (30) days after the cessation of the cause of such
postponement or suspension of the election or failure to elect.
(9) Call a
special election to elect the member to serve the unexpired portion in case a
vacancy arises in the Senate or in the House of Representatives eighteen (18)
months or more before a regular election, to be held within sixty (60) days
after the vacancy occurs;
(10)
Summons the parties to a controversy pending before it, issue subpoena duces
tecum and take testimony in any investigation or hearing before it, and
delegate such power to any officer of the Commission who shall be a member of
the Philippine Bar. In case of failure of a witness to attend, the Commission,
upon proof of service of the subpoena to said witness, may issue a warrant to
arrest the witness and bring him before the Commission or the officer before
whom his attendance is required.
Any
controversy submitted to the Commission shall, after compliance with the
requirements of due process, be immediately heard and decided by it within
sixty (60) days from the date of its submission for decision or resolution. No decision or resolution shall be rendered by
the Commission either en banc or by division unless taken up in a formal
session properly convened for the purpose.
The
Commission may, when necessary, avail itself of the assistance of any national
or local enforcement agency and/or instrumentality of the government to execute
under its direct and immediate supervision any of its final decisions, orders,
instructions or rulings.
(11)
Punish for contempt according to the procedure and with the same penalties
provided, in the Rules of Court. Any violation of any final and executory
decision, order or ruling of the Commission shall constitute contempt thereof;
(12)
Enforce and execute its decisions, directives, orders and instructions which
shall have precedence over those emanating from any other authority, except the
Supreme Court and those issued in habeas corpus proceedings;
(13)
Prescribe the forms to be used in the election, plebiscite or referendum,
recall or initiative;
(14)
Procure any supplies, equipment, materials or services needed for the holding
of the election by public bidding; but if it finds the requirements of public
bidding impractical to observe, then by negotiations or sealed bids, and in
both cases, the accredited parties shall be duly notified;
(15)
Prescribe the use or adoption of the latest technological and electronic
devices, taking into account the situation prevailing in the area and funds
available for the purpose. The
Commission shall notify the authorized representatives of accredited political
parties and candidates in the areas affected by the use or adoption of
technological and electronic devices not less than thirty days prior to the
effectivity of the use of such devices;
(16)
Constitute a pool of standby-teachers from which substitutes shall be drawn in
case a member/s of the Board of Election Inspectors who, for one reason or
another, failed to report or refused to act as such on the day of the election.
(17) Carry
out a continuing systematic campaign through newspapers of general circulation,
radio and other media forms to educate the public and fully inform the
electorate about election laws, procedures, decisions, and other matters
relative to the works and duties of the Commission and the necessity of clean,
free, orderly, honest, peaceful and credible electoral processes;
(18)
Accredited non-partisan groups or organizations of citizens from the civic,
youth, professional, education, business or labor sectors known for their
probity, impartiality and integrity with the membership and capability to
undertake a coordinated operation and activity to assist it in the implementation
of the provisions of the Omnibus Election Code and the resolutions, orders and
instructions of the Commission for the purpose of ensuring free, orderly,
honest, peaceful, and credible elections in any constituency. Such groups or organizations shall function
under the direct and immediate control and supervision of the Commission;
(19)
Conduct hearing on controversies pending before it in the cities or provinces
upon proper motion of any party, taking into consideration the materiality and
number of witnesses to be presented, the situation prevailing in the area and
the fund available for the purpose;
(20) Have
exclusive jurisdiction over all pre-proclamation controversies. It may motu
proprio or upon written petition, and other due notice and hearing, order
the partial or total suspension of the proclamation of any candidate-elect or
annul partially or totally any proclamation, if one has been made, as the
evidence shall warrant. Notwithstanding
the pendency of any pre-proclamation controversy, the Commission, may motu
proprio or upon filing of a verified petition and after due notice and hearing,
order the proclamation of other winning candidates whose election will not be
affected by the outcome of the controversy.
(21) Have
the exclusive power, through its duly authorized legal officers, to conduct
preliminary investigation of all election offenses punishable under the Omnibus
Election Code and to prosecute the same. The Commission may avail itself of the
assistance of the other prosecuting arms of the Government: Provided,
however, That in the event that the Commission fails to act on any
complaint within four (4) months from its filing, the complainant may file the
complaint with the office of the fiscal or with the Department of Justice for
the proper investigation and prosecution, if warranted; and
(22)
Perform such other functions as may be provided by law.
