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The Commission on Elections (COMELEC) is the premier guardian of the ballot. Its principal role is to enforce and administer all laws and regulations relative to the conduct of elections, plebiscites, initiatives, referenda and recalls. Constitutional Mandate The Commission was created in 1940 by virtue of an amendment to the 1935 Constitution. Its existence as an independent body was reiterated in 1973 Constitution, the 1986 Freedom Constitution, and the 1987 Constitution. It is independent of the Executive, Legislative and Judicial branches of the government, for which purpose it has been vested the following functions: 1. Quasi- Judicial Function - To exercise exclusive original jurisdiction over all contests relating to election 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 barangay officials decided by trial courts of limited 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; 2. Ministerial Functions - To enforce and administer all laws and regulations relative to the conduct of elections, plebiscites, initiatives, referenda 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 and credible elections; to register political parties, organizations, or coalitions and accredit citizen's arms of the Commission; 3. Reportorial Function - To submit to the President and the Congress a comprehensive report on the conduct of each election, plebiscite, initiative or recall; 4. Recommendatory Functions - To recommend to Congress the enactment of effective measures to minimize election spending, including limitation of places where propaganda materials may 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 or employee it has deputized, including the imposition of any other disciplinary action, for violation or disregard of , or disobedience, to its directives, orders or decisions; and 5. Others - To perform other functions as may be provided by law, including fiscal autonomy. [Art. IX-C Sec. 2 of the 1987 Constitution]
The Commission Proper The Commission Proper is the policy-determining body composed of the Chairman and six Commissioners who must be: (1) Natural-born citizens of the Philippines; (2) at least thirty-five years of age at the time of their appointment; (3) 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. They must not have been candidates for any elective position in the immediately preceding elections (Article IX-C, Sec. 1 of the 1987 Constitution) The Chairman The Chairman acts as the Presiding Officer of the Commission En Banc. He is the 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. 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
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"Honest Commission Holding Clean Elections" |