Government Problems in the Philippines

Only available on StudyMode
  • Download(s) : 1067
  • Published : September 30, 2011
Open Document
Text Preview
The commission on elections

Section 1

1. There shall be a commission on elections composed of a chairman and six commissioners who shall be natural – born citizens of the Philippines and, at the time of their appointment, at least thirty- five years of age, holders of a college degree, and must not have been candidates for any elective position in the immediately preceding elections. However, a majority thereof, including the chairman, shall be member of the Philippine bar who have been engaged in the practice of law for at least ten years. 2. The chairman and the commissioners shall be appointed by the president with th consent of the commission on appointments for a term of seven years without reappointment. Of those first appointed, three members shall hold office for seven years, two members for five years, and the last members for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any member be appointed or designated in a temporary or acting capacity.

Composition of the Commission on Elections

It is composed of a chairman and six commissioners. The 1973 Constitution increased the membership from three in the 1935 charter to nine on the theory that it would make it more difficult for the commission to become the captive of any political party or group or any person who might be interested in the commission deciding or taking action one way or the other.

Qualifications of Members

1. They must be natural-born citizens of the Philippines; 2. They must be at least thirty-five years of age at the time of their appointment; 3. They may be at least holders of a college degree;

4. They must not have been candidates for any elective position in the immediately preceding elections.

Appointment and terms of office

The chairman and the commissioners are appointed by the president with the consent of the omission on appointments for a term of seven years without reappointment. Of the commissioners first appointed, three shall hold office for seven years, two for five years, and the last members for three years, without reappointment.

Section 2

The commission on Elections shall exercise the following powers and functions:

1. Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall. 2. 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 contest involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction.

Decisions, final orders, or rulings of the commission on election contests involving elective municipal and barangay offices shall be final, executor, ad not appealable. 3. 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. 4. Deputize, with the concurrence of the president, law enforcement agencies and instrumentalities of the government, including the armed force of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible election. 5. Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or programme of government; and accredit citizens’ arms of the commission on elections. 6. 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 election laws, including acts or omissions...
tracking img