Commission on Elections (Philippines)

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The Commission on Elections, also known as COMELEC, is one of the three constitutional commissions of the Philippines. It is the premier guardian of the ballot. Its principal role is to enforce all laws and regulations relative to the conduct of elections, initiatives, referendums, and recalls.

[edit] Functions of the Commission

Under the Constitution, the Commission on Elections is independent of the Executive, Legislative and Judicial branches of the Philippine Government, for which purpose it has been vested the following functions:

[edit] Judicial functions

• to exercise exclusive jurisdictions 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 all municipal officials decided by trial courts of general jurisdiction;

• to 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;
• to file petitions in court for inclusion or exclusion of voters; and
• to investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election fraud, offenses and malpractices.

[edit] Ministerial functions

• To enforce and administer all laws and regulations relative to the conduct of and elections, plebiscites, initiatives, referendum, and recalls.
• to deputize, with the concurrence of the President of the Philippines, 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 credible elections;
• to register political parties, organizations or coalitions and accredit citizens' arms of the Commission.

[edit] Reportorial function

• To submit to the President and the Congress a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall.

[edit] Recommendatory functions

• To recommend to Congress the enactment of 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; and
• to 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.

[edit] Other functions

• To perform other functions as may be provided by law, including fiscal autonomy.

[edit] Organizational structure

The Comelec Main Office is located at the 1st, 5th, 7th and 8th floors of the Palacio del Gobernador Building in Intramuros, Manila.

The old Comelec building after being razed by fire on March 11, 2007.

[edit] The Commission Proper

The Commission Proper is the policy-making body composed of the Chairman and six Commissioners who must be:

• Natural-born citizens of the Philippines;
• at least thirty-five years of age at the time of their appointment;
• holders of a college degree, with a majority of them, including the Chairman, members of the Philippine Bar who have been engaged in the practice of law for at least ten (10) years; and
• they must not have been candidates for any elective position in the immediately preceding elections [Article IX-C, Section 1, 1987 Constitution].

• • The Chairman and the Commissioners are appointed by the President, with the consent of the Commission on Appointments.
  • The Chairman and the Commissioners hold office for seven years, without reappointment. Of those first appointed, three Members hold office for seven years, two Members for five years and the last Members for three years without reappointment. In no case shall any Member be appointed or designated in a temporary or acting capacity.

[edit] The Chairman

• • The Chairman acts as the Presiding Officer and Chief Executive Officer of the Commission and executes/administers the policies, decisions. orders and resolutions approved by the Commission. he directs and supervises the operations and internal administration of the Commission in accordance with its policies, rules and regulations.

[edit] The Commissioners

The Commissioners exercise quasi-legislative and quasi-judicial functions either en banc or in division. They also perform such other functions as may be assigned by the Commission or the Chairman.

[edit] The Members of the Commission

[edit] Offices of the Commission

Assisting the Commission are the Executive Director, Deputy Executive Directors for Administration and Operations, nine Department offices, 17 Regional Election Directors, 81 Provincial Election Supervisors and Election Officers in cities and municipalities. Comelec has a complement of more than 5,000 employees.

[edit] Department Offices of the Commission

Election Contests and Adjudication Department (ECAD)

• • Handles all contests relating to elections, returns, and qualifications of all elective provincial and city officials;
  • Provides legal and technical services to the Commission, whether sitting en banc or in division;
  • Represents the Commission in the Supreme Court in cases where the Commission is named public respondent in relation to protest in quo warranto proceedings.

Election and Barangay Affairs Department (EBAD)

• • Performs advisory and consultative services to the Commission on the formulation and implementation of policies for the effective, efficient and economical holding of elections and canvassing of results;
  • Develops guidelines, criteria, standards and procedures on the conduct of registration of voters and the holding of elections and other political exercises for the observance of Commission personnel in the field

Law Department

• • Performs consultative and legal services to the Commission in quasi-judicial cases;
  • Plans and coordinate with the administration and enforcement of laws relative to the conduct of elections;
  • Prepares pleadings and briefs in cases involving the Commission;
  • Represents the Commission in cases before the courts and other tribunal;
  • Investigates complaints relative to the conduct of elections and prosecutes, on its own or in collaboration with government prosecutors, cases of election offenses;

Education and Information Department (EID)

• • EID is the media office of the Commission. It handles press relations work, issues press releases, conducts research and studies on information needs, prepares report on the conduct of elections for submission to the President and Congress;
  • Develops informative and educational material for multi-media use;
  • Maintains liaison with government offices, media agencies, and other public and private organizations to ensure effective and efficient implementation of the education and information program of the Commission.

Finance Services Department

• • Primarily responsible for the preparation and administration of the budget of the Commission.

Election Records and Statistics Department

Personnel Department

Planning Department

Administrative Services Department

[edit] The Senior Staff of the Commission

[edit] History

The 1978 Commission is composed of [from left] Commissioners Flores A. Bayot, Venancio Duque, Chairman Leonardo Perez, Commissioners Domingo Pabalete and Vicente Santiago (not in the photo).

Philippine Senators listen intently to the testimonies of resource speakers during a public hearing on issues surrounding the peoples initiative, a signature campaign aimed at changing the Constitution. Top photo shows Senators Franklin Drilon, Richard Gordon, Juan Ponce Enrile and Jinggoy Ejercito Estrada. Below, from left, former Comelec Chairman Christian Monsod, Makati City Mayor Jejomar Binay, Comelec Chairman Benjamin Abalos and then Solicitor General (now Supreme Court Associate Justice) Antonio Eduardo Nachura.

The Commission on Elections (Comelec) was created by a 1940 amendment to the 1935 Constitution of the Philippines. Before the creation of the Comelec, supervision over the conduct of elections was vested by law in the Secretary of Interior. The Secretary of Interior saw to it that local authorities performed the ministerial duties assigned to them by the Election Code. He decides administrative questions concerning elections. The courts, however, exercised exclusive and final jurisdiction over questions affecting the right to vote as well as contested elections of local elective officials. Elections contests involving members of the National Assembly were judged solely by an Electoral Commission composed of three justices of the Supreme Court and six members of the National Assembly.

In view, however, of the close official ties between the President and the Secretary of Interior, there was always the danger of a partisan Secretary of the Interior exploiting his powers and influence to ensure the victory of his party at the polls.

As a consequence, the Constitution was amended in 1940 to create an independent Commission on Elections, composed of a Chairman and two other members, to take over the functions of the Secretary of the Interior relative to the elections. but since the amendments could not be effective in time for the 1940 elections, the National Assembly, by Commonwealth Act No. 607, created a Commission on Elections, giving thereto the same powers which the Commission on Elections could have under the amended Constitution. The statutory Commission supervised the conduct of the December 10, 1940 local elections.

The constitutional amendment creating the Commission on Elections was finally approved on December 2, 1940. On June 21, 1941, Commonwealth Act No. 657 was enacted reorganizing the Commission on Elections as a constitutional entity. The members of the statutory Commission continued as members of the constitutional Commission.

The Chairman and Members of the Commission had a fixed term of nine years each - a member being replaced every three years except in the first Commission. They could be removed from office only by impeachment. They were provided with fixed salaries which could neither be increased nor diminished during their term of office. These were safeguards to ensure the independence of the Commission.

The administrative control of elections exercised by the Secretary of Interior was transferred to the Commission on Elections. The Commission was vested with the exclusive charge of enforcing and administering all laws relative to elections and power to decide all questions affecting elections, except those involving the right to vote, which were left to final judicial determination. The courts and electoral tribunals retained their original powers over election contests.

The 1973 Constitution enlarged the membership of the Commission from three to nine members but reduced their term of office from nine years to seven years. As in the 1935 Constitution, the Chairman and Commissioners have staggered terms of office and could be removed from office only by impeachment.

First to serve in the Commission on Elections under the 1973 Constitution were former Senator Leonardo B. Perez, as Chairman, and Venacio S. Duque, Flores A. Bayot, Jose M. Mendoza, Fernando R. Veloso, Lininding Pangandaman, Venancio L. Yaneza and Casimiro R. Madarang, Jr. as Commissioners. Commissioner Pangandaman, the first Muslim Commissioner of the Comelec, was appointed Ambassador by President Ferdinand Marcos even before the expiration of his term. His unexpired term was taken over by Commissioner Hashim R. Abubakar.

On May 17, 1980, Chairman Perez (who was later appointed Minister on Political Affairs by President Marcos) and Commissioners Duque and Bayot, after completing their seven-years term, retired. Commissioner Santiago succeeded Perez, and the following were appointed Commissioners: Domingo C. Pabalete; Victorino A. Savellano; Jaime C. Opinion; Noli Sagadraca; Romeo Firme: Luis Lardizabal and Ide C. Tillah. With Commissioner Lardizabal the membership of the Commission was thus increased to eight, one short of the full complement of nine.

Upon the retirement of Commissioners Firme, Tillah and Lardizabal on May 17, 1983 the Commission on Elections was composed of only five members.

On March 21, 1983, two new members were appointed by President Marcos, namely: Froilan Bacungan and Ramon H. Felipe, Jr.

With the retirement of Chairman Santiago and Commissioners Pabalete and Sagadraca on May 17, 1984, Savellano was appointed Chairman.

Three new members were appointed on July 27, 1985, namely: Commissioners Quirino A. Marquinez, Mangontawar Guro and Mario D. Ortiz.

On January 31, 1986 Commissioners Ruben C. Agpalo and Jaime Layosa were appointed to finally complete the required membership of nine.

After the tumultuous February 7, 1986 snap elections and the People Power Revolution, Chairman Savellano and all the Commissioners of the Comelec tendered their courtesy resignations which, except those of Commissioners Bacungan and Felipe, were accepted by President Corazon Aquino.

On April 11, 1986 Commissioner Felipe was appointed Acting Chairman. On July 23, 1986 he took his oath of office as permanent Chairman, together with Commissioners Leopoldo Africa, Haydee Yorac, Andres Flores, Anacleto Badoy, and Dario Rama as members of the "new" Commission on Elections.

On February 15, 1988 Hilario G. Davide, Jr., was appointed Chairman with Alfredo E. Abueg, Jr., Haydee B. Yorac, Leopoldo L. Africa, Andres R. Flores, Dario C. Rama and Magdara B. Dimaampao as Commissioners. Commissioner Haydee B. Yorac was appointed as Acting Chairman when Hilario G. Davide, Jr. was appointed Chairman of the Presidential Fact Finding Commission in December 1989, pursuant to Administrative Order No. 146.

On June 6, 1991 Christian Monsod was appointed by President Aquino as Chairman of the Commission to serve the unexpired term of Davide.

When Monsod retired on February 15, 1995 President Fidel Ramos appointed Court of Appeals Justice Bernardo Pardo as Chairman of the Commission. Pardo's term was cut short when he was appointed by President Joseph Estrada as Associate Justice of the Supreme Court in October 1998. Commissioner Luzviminda Tancangco was appointed Acting Chairman of the Commission.

On January 11, 1999 President Estrada appointed Sandiganbayan Justice Harriet Demetriou as Chairman of the Commission. After the events of January 2001 that led to the ouster of President Estrada from power, Demetriou tendered her courtesy resignation which was accepted by President Gloria Macapagal-Arroyo.

On February 19, 2001 President Arroyo appointed Justice Alfredo Benipayo as Chairman of the Commission. However, the Commission on Appointments did not confirm his appointment due to opposition of some Commissioners led by Luzviminda Tancangco. On June 5, 2002 President Arroyo appointed Metropolitan Manila Development Authority Chairman and former Mandaluyong City mayor Benjamin S. Abalos, Sr. to replace Benipayo.

On January 26, 2008, Gloria Macapagal-Arroyo appointed former Supreme Court Associate Justice Jose Melo, 77, to replace Chair Abalos.^[1] THe United Opposition (Koalisyon ng Nagkakaisang Pilipino) opposed Melo's appointment.^[2] But Melo needs to be confirmed by the Commission on Appointments (CA), so Commissioner Romeo A. Brawner was appointed ad interim Acting Chairman on February 2, 2008 and will stay as Chairman until Melo is confirmed by the CA.

On March 25, 2008, former Supreme Court justice Jose Melo was sworn in as new chairman of the Commission on Elections (Comelec) by acting Chair Romeo A. Brawner. Melo's ad interim appointment (Congress is not in session) was sent by the Malacanan to the Commission on Appointments.^[3]

On May 29, 2008, Romeo A. Brawner died from a massive heart attack. Brawner, appointed to the Comelec to replace the controversial Virgilio Garcillano, was supposed to end his term on February 2, 2011. .^[4]

[edit] Impeachment complaint

On September 27, 2007, Iloilo Vice Governor Rolex Suplico filed a 64-page impeachment complaint (3:00 p.m.) against Commission on Elections chairman Benjamin Abalos, Sr. before the House of Representatives of the Philippines regarding the ZTE national broadband network (NBN) deal. It was endorsed by Representatives Teofisto Guingona III of Bukidnon and Teodoro Casiño of Bayan Muna (People First), and Zamboanga City Representative Ma. Isabelle Climaco. Affidavits of Romulo Neri and Jose de Venecia III supported the complaint.^[5][6] On October 1, 2007, COMELEC Chairman Benjamin Abalos, Sr. faced with an impending impeachment case resigned in a press conference. The Commission on Elections appointed Resurreccion Z. Borra as Acting Chairman. Mr. Abalos stated: "I'm resigning... effective immediately," Mr. Abalos told a news conference. "However, let not my detractors feast on this declaration. I'm not admitting guilt for any wrongdoing."^[7] An impeachment complaint against Commission on Elections (Comelec) chairman Benjamin Abalos Sr was formally filed before the House of Representatives after Romulo Neri, former chief of the National Economic Development Authority (Neda), accused Abalos of attempting to bribe him.

[edit] Issues

[edit] ZTE broadband contract controversy

In August 2007, Nueva Vizcaya Rep. Carlos Padilla delivered a privilege speech alleging that Abalos brokered for the national broadband network (NBN) project. Padilla claimed that Abalos met with officials of the Chinese firm ZTE Corp., which got the US $329 million contract for the broadband project.

Abalos denied brokering for the National Broadband Network project despite admitting he knows some officials in ZTE Corp. He admitted making four trips to China and playing golf there. He also admitted that ZTE officials, whom he says are his golf buddies, hosted and paid for the trips.

Jose de Venecia III, son of House Speaker Jose de Venecia Jr, alleged that Abalos offered him US$10 million to withdraw his proposal on the NBN project. De Venecia is a majority shareholder of Amsterdam Holdings Inc., a company that submitted an unsolicited proposal on the NBN project. De Venecia also claimed that Abalos asked for money from the ZTE Corp. officials.

[edit] Hello Garci

Abalos was mentioned in the "Hello Garci" tape, which refers to the alleged wiretapped conversations where vote rigging in the 2004 elections was discussed by, among others, a woman presumed to be President Arroyo and man presumed to be Comelec Commissioner Virgilio Garcillano.

[edit] Mega Pacific

Abalos was the Comelec chair when the election body approved a P1.3-billion contract with the Mega Pacific Consortium for the purchase of automated counting machines, which the Supreme Court in January 2004 declared as void because of "clear violation of law and jurisprudence" and "reckless disregard of [Comelec's] own bidding rules and procedure."

On January 21, 2004, Pimentel filed criminal and administrative charges before the Ombudsman against Abalos and other commissioners in connection with the deal. Abalos described the charges as a "demolition job."

Pimentel accused Abalos and the other commissioners of committing an act of impropriety when they and their wives traveled to Seoul, South Korea to visit the plant of the maker of the counting machines a few months before the bidding for the contract started. Pimentel said he received information that the Korean company paid for the plane tickets and hotel accommodations for the trip.

However, Abalos claimed that the expenses for the trip were paid for out of the P1 million he won in a golf tournament in Wack Wack.

On September 27, 2006, the Ombudsman, in a resolution, absolved all respondents involved in the Mega Pacific controversy of all administrative and criminal liabilities "for lack of probable cause." It also reversed its June 28 resolution which contained factual findings that can be used by the House of Representatives to initiate impeachment proceedings against Comelec Commissioner Resureccion Borra.

[edit] Members of the Commission (1940-present)

[edit] Chairman gallery

Leonardo B. Perez Chairman May 29, 1973 - May 17, 1980	Vicente M. Santiago, Jr. Chairman May 17, 1980 - May 17, 1985 Commissioner May 18, 1978 - May 17, 1980	Hilario Davide, Jr. Chairman February 15, 1988-December 7, 1989	Haydee Yorac Acting Chairman December 7, 1989-June 5, 1991 Commissioner July 15, 1986-February 11, 1993
Bernardo P. Pardo Chairman February 17, 1995-October 8, 1998	Luzviminda Tancangco Acting Chairman October 8, 1998-January 10, 1999 Commissioner August 5, 1998- February 15, 2004	Alfredo Benipayo Chairman February 19, 2001-June 4, 2002	Benjamin Abalos Chairman June 5, 2002-October 1, 2007
Resurreccion Borra Acting Chairman October 2, 2007-February 2, 2008 Commissioner February 16, 2001-February 2, 2008	Romeo A. Brawner Acting Chairman February 2-March 25, 2008 Commissioner September 18, 2005-May 29, 2008

[edit] External links

• Official Website of the Commission on Elections
• Official Website of the National Movement for Free Elections (NAMFREL)
• Official Website of the Parish Pastoral Council for Responsible Voting (PPCRV)
• mb.com.ph, Retiring Borra, Tuason bid farewell to Comelec - 02/1/2008

[edit] References