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ARTICLE IX

CONSTITUTIONAL COMMISSIONS

A. COMMON PROVISIONS

Section 1. INDEPENDENT CONSTITUTIONAL COMMISSIONS
1) Civil Service Commission
2) Commission on Elections
3) Commission on Audit

Section 2. INHIBITIONS/PROHIBITIONS
No member of a Constitutional Commission shall, during his tenure:
1) Hold any other office or employment
2) Engage in the practice of any profession
3) Or in the active management or control of any business which in any way
may be affected by the functions of his office
4) Be financially interest, directly or indirectly, in any contract with, or in any
franchise or privilege granted by the:
a. Government
b. Any of its subdivisions
c. Agencies instrumentalities
d. Government-owned or controlled corporations and
e. Their subsidiaries

Section 3. SALARY.
Salary of the Chairman and the Commissioners shall be:
1) fixed by law
2) not be decreased during their tenure


Section 4. APPOINTMENT OF OFFICIALS
The Constitutional Commissions shall appoint their officials and employees in
accordance with the law

Section 5. FISCAL AUTONOMY
1) Enjoy fiscal autonomy
2) Approved annual appropriations shall be automatically and regularly
released

Section 6. RULES CONCERNING PLEADINGS AND PRACTICES
1) Each commission EN BANC shall promulgate its own rules concerning
pleadings and practice before it or any of its offices
2) Rules shall not:
a. Diminish
b. Modify
c. Increase
Substantive rights

Section 7. CASE DECISIONS
1) Shall decide by MAJORITY VOTE of all its Members WITHIN 60
DAYS from the date of submission for decision or resolution
2) Q: When is a case or matter deemed submitted for decision or
resolution?
A. Upon the filing of the last:
i. Pleading
ii. Brief
iii. Or Memorandum required by the rules of the
Commission
3) Q: May the decisions, orders or rulings of each commission be brought
by the aggrieved party to the SC:
A: YES
1. By Certiorari
2. Within 30 days from receipt of a copy thereof
E: Unless otherwise provided by this Constitution or by law

ARTICLE IX. (C)

THE COMMISSION ON ELECTIONS

Section 1. (1) COMPOSITION AND QUALIFICATIONS

1) COMPOSITION
a. 1 Chairman
b. 6 Commissioners
TOTAL: 7

2) QUALIFICATIONS:
a. Natural-born citizen of the Philippines
b. At least 35 years old at the time of their appointment
c. Holders of a college degree
d. Must not have been a candidate for any elective position immediately
preceding the elections
** Majority thereof and the Chairman must be:
a. Members of the Philippine Bar
b. Engaged in the practice of law for at least 10 years

Section 1. (2). TERM
1) Chairman and the commissioners shall be:
a. Appointed by the president
b. With the consent of the Commission on Appointments
c. For a term of 7 years
d. Without reappointment
2) Of those first appointed:
a. 3 members shall hold office 7 years
b. 2 members 5 years
c. last members 3 years
**without reappointment
3) Appointment to any vacancy shall only be:
a. For the unexpired term of the predecessor
b. Temporary or acting capacity not allowed
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Section 2. POWERS AND FUNCTIONS

(1) Enforce and administer all LAWS AND REGULATIONS relative to the conduct
of an:
a. Election
b. Plebiscite
c. Initiative
d. Referendum
e. Recall

(2) EXLUSIVE ORIGINAL AND APPELLATE JURISDICTION

EXCLUSIVE ORIGINAL APPELLATE
WHAT Contests relating to
elections, returns and
qualifications
Contests
WHO Elective regional,
Provincial and
City officials
Elective municipal
officials decided by trial
courts of general
jurisdiction
Elective barangay
officials decided by trial
courts of limited
jurisdiction

Note: Decisions, final orders or rulings of the COMELEC on election contests
involving MUNICIPAL AND BARANGAY office shall be FINAL, EXECUTORY AND
NOT APPEALABLE

(3) QUESTIONS AFFECTING ELECTIONS

DECIDE:
1) All questions affecting elections
2) Determination of the number and location of poll places
3) Appointment of election officials and inspectors
4) Registration of voters

EXCEPTION: Those involving the right to vote

(4) DEPUTIZE LAW ENFORCEMENT AGENCIES AND
INSTRUMENTALITIES OF THE GOVERNMENT

DEPUTIZE:
1) With the concurrence of the President
2) Law enforcement agencies and instrumentalies of the Government
3) Including the Armed Forces of the Philippines


FOR THE EXCLUSIVE PURPOSE OF: Ensuring free, orderly, honest, peaceful and
credible elections

(5) REGISTER POLITICAL PARTIES, ORGANIZATIONS OR COALITIONS

REQUIREMENTS FOR REGISTRATION:
1. After sufficient publication
2. Other requirements
3. Present their platform or program of government
4. Accredit Citizens arms of the Commission on Elections

THOSE THAT CANNOT BE REGISTERED:
1. Religious dominations and sects
2. Those which seek to achieve their goals through violence or unlawful
means
3. Refuse to uphold and adhere to the constitution
4. Supported by any foreign government

FINANCIAL CONTRIBUTIONS FROM FOREIGN GOVERNMENT:
1. Constitute interference in national affairs
2. When accepted
a. Additional ground for cancellation of registration with the
Commission
b. In addition to other penalties that may be prescribed by law

(6) FILE PETITIONS, INVESTIGATE, PROSECUTE

1. FILE:
a. Upon verified complaint or on its own initiative
b. Petitions in courts for the inclusion or exclusion of voters
2. INVESTIGATE OR PROSECUTE (where appropriate):
a. Violations of election laws
b. Including acts or omission constituting:
i. Election fraud
ii. Offenses
iii. Malpractices


(7) RECOMMENDATIONS TO THE CONGRESS

RECOMMEND TO THE CONGRESS:
1. Effective measures to minimize election spending
2. Limitation of places where propaganda materials shall be posted
3. Prevent and penalize all forms of election frauds, offenses, malpractice and
nuisance candidacies

(8) RECOMMENDATIONS TO THE PRESIDENT

RECOMMEND TO THE PRESIDENT:
1. Removal of any officer or employee it has deputized
2. Imposition of any other disciplinary action for violation or disregard of, or
disobedience to its directive, order or decision

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(9) SUBMIT COMPREHENSIVE REPORT

SUBMIT TO THE PRESIDENT AND THE CONGRESS:
1. Comprehensive report on the conduct of each:
a. Election
b. Plebiscite
c. Initiative
d. Referendum
e. Recall

Section 3. EN BANC/ 2 DIVISIONS

COMELEC may sit:
1. En Banc
2. 2 Divisions

COMELEC shall promulgate its rules or procedure to:
1. Expedite disposition of cases
2. Including pre-proclamation controversies

! ELECTION CASES = Heard and decided in DIVISION
! MOTIONS FOR RECONSIDERATION OF DECISION = EN BANC

Section 4. USE OF TRANSPORTATION, OTHER PUBLIC UTULITIES AND MEDIA,
ETC.

COMELEC MAY SUPERVISE AND REGULATE:
1. During the election period
2. The enjoyment or utilization of all franchises and permits
3. For the operation of:
a. Transportation and other public utilities
b. Media of communication or Information
c. All grants, special privileges or concessions granted by the
G,S,A,I,GO/C,S

AIM OF SUPERVISION AND REGULATION:
1. Ensure equal opportunity, times and space
2. Right to reply
3. Reasonable and equal rates for public information campaigns and
forums among candidates
4. To have a free, orderly, honest, peaceful, and credible elections

Section 5. NO PAPS FOR VIOLATION OF ELECTION LAWS

GR: No Pardon, Amnesty, Parole, or Suspension of Sentence
(PAPS) for violation of election laws, rules and regulations shall be granted by
the President

C: Without the favorable recommendation of the Commission


Section 6. FREE AND OPEN PARY SYSTEM

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.

Section 7. PARTY LIST VOTES

GR: No votes case in favor of a political party, organization, or coalition shall be valid

E: For those registered under the party-list system as provided in the constitution
Section 8. POCs REGISTERED UNDER THE PARTY-LIST SYSTEM

GR: Political parties, or organizations or coalition registered under the party list system
shall NOT be represented in the:
a. Voters registration boards
b. Boards of Election inspectors
c. Boards of canvassers
d. Other similar bodies

HOWEVER: They shall be entitled to appoint POLL WATCHERS in accordance with
law

Section 9. ELECTION PERIOD

Commence 90 days before the day of election and shall end 30 days after

**Unless otherwise fixed by the commission in special cases

Section 10. FREEDOM FROM HARRASMENT

Bonafide candidates for any public office shall be free from any form of harassment
and discrimination

Section 11. FUNDS

FUNDS certified by the commission as necessary to defray the expenses for:
a. Holding regular and special elections
b. Plebiscites
c. Initiatives
d. Referenda
e. Recalls

Shall be PROVIDED in the REGULAR and SPECIAL APPROPRIATIONS
! Once approved, shall be released AUTOMATICALLY
! Upon certification by the Chairman of the Commission