QUEZON City, Philippines (January 15) – “Protecting the sanctity of the ballot since 1940”.
Its slogan embodies the reason why it was made. Every newspaper and news programs mention this commission rampantly especially now that the election period has started, or when a politician gets penalized. The Commission on Elections (COMELEC) really has the spotlight now, along with those who’ll run for national office.
To keep you knowledgeable, we’ll give you a head start and what the commission is really about and its other roles.
The Commission on Elections was created in 1940, by an amendment in the 1935 constitution of the Philippines. Along with Civil Service Commission (CSC) and Commission on Audit (COA), they are independent from the three main branches of the government. In the 1973 and 1987 Constitutions, its governing body was enlarged and powers gradually expanded. Today, the committee is composed of 1 Chairman, 6 Commissioners and 3 Directors (1 executive director, 2 deputies).
At the time of their appointment, they should be at least thirty-five years old, a college degree holder, and must not be a candidate for any elective positions in the coming elections. Majority of the committee, however, must be members of the Philippine Bar and engaged in the practice of law for at least ten years.
Only the President can appoint the Chairman and Commissioners, with the consent of Commission on Appointments. They have a term of seven years without re-appointment. In case of vacancy, appointment can only be done once the post is unexpired.
The commission is tasked to enforce and administer laws and regulations to be followed before, during and after elections. Other than that, they’re also in-charge of the measures relative to plebiscites, referendum and recalls or anything that involves the people’s vote in the government.
Other functions of COMELEC are as follows:
- 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 official 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, and 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 purposes of ensuring free, orderly, honest, peaceful credible elections.
- Register, after sufficient publication, political parties, organizations, of coalitions which, in addition to other requirements, must present their platform or program of government; and accredit citizen’s 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 elections laws, including acts or omissions constituting election frauds, offenses, 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, offenses, malpractices, and nuisance candidates.
- Recommend to the President the removal of any officer of 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.
Sources: http://en.wikipilipinas.org/index.php/Commission_on_Elections
http://caloycaliwara.blogspot.com/2013/03/comelec-its-functions.html https://en.wikipedia.org/wiki/Commission_on_Elections_%28Philippines%29
(written by Rex Felix C. Salvador I, edited by Jay Paul Carlos, additional research by Lovely Cruz)
