Structure of the Commission on Elections (COMELEC)

The COMELEC is an independent constitutional body established by the 1987 Philippine

Constitution (Article IX-C) to administer and enforce all laws related to the conduct of
elections.

a. Qualification of a Commissioner / Disqualifications, Term of Office, How

Removed, and Salary

Qualifications (1987 Constitution, Article IX-C, Section 1)

A COMELEC commissioner must:

1. Be a natural-born citizen of the Philippines

2. Be at least 35 years old
3. Be a college degree holder
4. Have been engaged in the practice of law or served in government for at least 10 years
5. Must possess integrity, probity, and independence

Disqualifications

 Conviction of crimes involving moral turpitude

 Conflict of interest or holding incompatible positions in government

Term of Office

 7 years, without reappointment

 Commissioners are appointed on a staggered basis to ensure continuity (one chairman
and six commissioners).

How Removed

 By impeachment only (same as the President and Supreme Court justices)

 Grounds for impeachment: Culpable violation of the Constitution, treason, bribery,
graft and corruption, other high crimes, or betrayal of public trust

Salary

 Fixed by law and protected by the Constitution from being decreased during their tenure.

b. Constitutional Mandate (Legal Basis)

  1987 Constitution, Article IX-C, Section 2:
The COMELEC has the mandate to:
o Enforce and administer election laws
o Decide on election contests
o Deputize government agencies for election-related duties
o Register political parties
o Submit recommendations on election-related legislation

c. Sources of Powers

The COMELEC derives its powers from:

1. 1987 Philippine Constitution

2. Omnibus Election Code (Batas Pambansa Blg. 881)
3. Republic Acts (e.g., R.A. 9189 - Overseas Absentee Voting Act, R.A. 9369 -
Automated Election System Act)
4. COMELEC Rules of Procedure
5. Jurisprudence (decisions of the Supreme Court)

d. Basis of Power

1. Constitutional Authority:
o Article IX-C of the 1987 Constitution is the primary source of COMELEC's
authority.
2. Statutory Authority:
o Various laws (such as the Omnibus Election Code and Republic Acts) give the
COMELEC additional powers.
3. Judicial Interpretations:
o Supreme Court rulings, such as Macalintal v. COMELEC (2003) and Loong v.
COMELEC (1992), define and clarify COMELEC's powers and functions.

16.Who Can Be a Registered Voter in the Philippines?

Under Republic Act No. 8189 (Voter's Registration Act of 1996) and the 1987 Philippine
Constitution, the following individuals are qualified to register as voters:

1. Filipino Citizens
o Must be natural-born or naturalized citizens of the Philippines.
2. Age Requirement
o At least 18 years old on or before election day for national/local elections.
o For Sangguniang Kabataan (SK) elections, at least 15 years old but below 30
years old, and residents of the barangay where they intend to vote.
 3. Residency Requirement
o Must have resided in the Philippines for at least one year.
o Must have resided in the place where they intend to vote for at least six months
immediately preceding the election.
4. Not Otherwise Disqualified by Law
o Must not fall under legal grounds for disqualification.

Who Cannot Be a Registered Voter?

1. Non-Filipino Citizens
o Foreign nationals are not eligible.
2. Underage Individuals
o Those below the minimum age requirement for the type of election.
3. Mentally Incapacitated Individuals Declared by Competent Authority
o Those formally declared by a competent court to be incapable of making
decisions.
4. Persons Convicted of Crimes Punishable by More Than One Year of Imprisonment
o Disqualified unless granted pardon, amnesty, or served the sentence.
5. Persons Convicted of Election-Related Offenses (Omnibus Election Code, Section
261)
o Disqualification lasts for five years after serving the sentence.

Who Can Be Added to the List of Voters in the Philippines?

Under Republic Act No. 8189 (Voter’s Registration Act of 1996) and related election laws, the
following individuals can be added to the list of voters:

1. First-Time Registrants

 Filipino citizens who meet the following requirements:

o At least 18 years old on or before election day for regular elections.
o At least 15 years old but below 30 years old for Sangguniang Kabataan (SK)
elections.
o Resident of the Philippines for at least one year, and in their intended voting
place for at least six months prior to the election.
o Must not be disqualified by law.

2. Previously Disqualified Voters Who Regain Eligibility

  Convicted individuals who have completed their sentence, received pardon, or
amnesty.
 Individuals previously declared mentally incapacitated but later restored to legal
competency by a competent court.

3. Transferred Voters (Transfer of Registration)

 Registered voters who have changed their residence and meet the six-month residency
requirement in the new voting area.

4. Reactivated Voters

 Voters whose registration has been deactivated for reasons such as:
o Failure to vote in two consecutive regular elections.
o Having been convicted of certain offenses.
 They must file an application for reactivation.

5. Corrections of Entries (Inclusion of Proper Records)

 Voters whose personal records are found incomplete or erroneous in the official voter
database may request corrections to be properly listed

Who Can Be Deleted from the List of Voters in the Philippines?

Under Republic Act No. 8189 (Voter's Registration Act of 1996) and related election laws, the
following individuals can be removed or deleted from the list of voters:

1. Deceased Persons

 The names of deceased voters are removed based on information provided by:
o Civil registrars
o Court orders
o Relatives filing the appropriate request

2. Persons Who Have Lost Filipino Citizenship

  Those who have renounced their Filipino citizenship or have become foreign nationals.

3. Persons Convicted of Election-Related or Serious Crimes

 Convictions involving crimes punishable by more than one year imprisonment or

election-related offenses.
 Note: Deletion is lifted upon full service of the sentence or if granted pardon or amnesty.

4. Persons Declared by a Competent Court to Be Mentally Incapacitated

 Individuals legally declared by a court to be incompetent or mentally incapacitated.

5. Persons Who Have Transferred Residency Without Updating Registration

 Voters who have relocated and are no longer qualified to vote in the precinct where they
are registered.

6. Voters Found to Have Multiple Registrations

 Those who have registered more than once, which is a violation of election laws.

7. Voters Who Failed to Vote in Two Consecutive Regular Elections

 Automatic deactivation under Section 27 of the Voter’s Registration Act of 1996.

 These voters can request reactivation if qualified.

Election Offenses of Voters in the Philippines

Under the Omnibus Election Code (Batas Pambansa Blg. 881) and related election laws, the
following acts constitute election offenses for voters:

1. Vote Selling (Section 261, Omnibus Election Code)

  Offering to sell or selling one's vote in exchange for money, goods, or any consideration.

2. Voting More Than Once (Section 261)

 Registering or voting multiple times in the same or different precincts during the same
election.

3. Impersonation (Section 261)

 Pretending to be another voter or casting a vote on behalf of someone else.

4. Election Fraud (Section 261)

 Engaging in fraudulent activities to influence the election results, such as tampering with
ballots or ballot boxes.

5. Disturbing the Election Process (Section 261)

 Causing disturbances at voting places or interfering with the orderly conduct of elections.

6. Coercion or Intimidation (Section 261)

 Forcing another person to vote for a particular candidate or preventing them from voting.

7. Violation of the Secrecy of the Ballot (Section 261)

 Revealing the contents of one's own or another person's ballot, or voting in a manner that
compromises ballot secrecy.

8. Use of Fake or Unauthorized Voter ID (Section 261)

  Presenting fraudulent documents to qualify as a voter or gain access to voting precincts.

9. Conspiracy to Commit Election Offenses (Section 261)

 Collaborating with others to violate election laws.

10. Voting Despite Disqualification (Section 261)

 Voting even when legally disqualified, such as after being convicted of an election-
related offense without pardon.

Penalties for Election Offenses:

 Imprisonment: 1 to 6 years
 Disqualification: Permanent disqualification from holding public office
 Revocation of Voting Rights

Who is an Overseas Voter?

An Overseas Voter is a Filipino citizen residing or staying abroad who is qualified to vote in
Philippine elections under Republic Act No. 9189 (Overseas Absentee Voting Act of 2003), as
amended by Republic Act No. 10590.

Eligibility Requirements:

1. Filipino Citizenship:
o Natural-born or naturalized Filipino citizens, including those who acquired dual
citizenship.
2. Age Requirement:
o At least 18 years old on or before election day.
3. Registration Requirement:
o Must be registered as an overseas voter through the Commission on Elections
(COMELEC) or the Philippine Embassy/Consulate in their location.
4. Residency Exception:
o Overseas voters are exempt from the six-month residency requirement for local
voters.

Should We Allow Overseas Voters?

Yes, for the Following Reasons:

1. Protection of Political Rights:

o Voting is a constitutional right guaranteed under Article V of the 1987
Constitution, regardless of residence.
2. Democratic Representation:
o Overseas Filipino workers (OFWs) and expatriates contribute significantly to the
Philippine economy through remittances; they deserve a voice in governance.
3. Strengthens National Engagement:
o Overseas voting ensures that Filipinos abroad remain connected to national
political affairs.
4. Adherence to International Standards:
o Many democracies allow overseas citizens to vote to ensure inclusive political
participation.

Challenges and Concerns:

 Logistics and Security: Ensuring the integrity of overseas voting procedures.

 Voter Turnout: Overseas voter turnout has historically been low.
 Verification Issues: Avoiding double voting or fraud.