Overview of the Philippine Electoral System (AES)

Registration of Voters (R.A. 8189)

Rules on Candidacy

Campaign (R.A. 9006)

Casting (R.A. 9369)
E-Counting + E-Transmission

+ E-Consolidation, E-Canvassing, and Proclamation

Pre-Proclamation Controversies

Election Contests (E.P. or Q.W.)

Prosecution of Election Offenses

SUFFRAGE - right to vote in election of officers chosen by people and in the determination of questions
submitted to people.
ELECTION - embodiment of the popular will, the expression of the sovereign power of the people.
1. Regular election – refers to an election participated in by those who possess the right of suffrage and not
disqualified by law and who are registered voters
2. Special election – when there is a failure of election on the scheduled date of regular election in a
particular place OR which is conducted to fill up certain vacancies, as provided by law. PRELIMINARY
MATTERS

Suffrage may also be exercised by qualified Filipinos abroad. (Article V, Section 2, 1987 Constitution; Sec.
4, R.A. 9189 “Overseas Absentee Voting Act of 2003”)
Section 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as
a system for absentee voting by qualified Filipinos abroad. (Article V [1st paragraph], 1987 Constitution)
Sec. 4. Coverage. – All citizens of the Philippines abroad, who are not otherwise disqualified by law, at
least eighteen (18) years of age on the day of elections, may vote for president, vice-president, senators and
party-list representatives. (R.A. 9189) SUFFRAGE

Plebiscite - electoral process by which an initiative on the Constitution is approved or rejected by the
people
Initiative - power of the people to propose amendments to the Constitution or to propose and enact
legislations through election called for the purpose.
Referendum - power of the electorate to approve or reject a piece of legislation through an election called
for the purpose Recall – mode of removal of an elective public officer by the people before the end of his
term of office

3. The constitutional provision on initiative and referendum is not self-executing. This is so because it
requires:
an implementing legislation;

IMPORTANT POWERS and FUNCTIONS of the

COMMISSION ON ELECTIONS (COMELEC)
Art. IX-C, Sec. 2, 1987 Constitution + Sec. 52, OEC + E.O. 292
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 all contests relating to the elections, returns, and qualifications of all
elective provincial, city officials;
- appellate jurisdiction over all contests involving:
Elective municipal officials decided by the trial courts of general jurisdiction
Elective barangay officials decided buy the trial courts of limited jurisdiction
Decisions, final orders, or rulings of the COMELEC on election contests involving elective municipal and
barangay offices shall be final and executory, and 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 AFP for the exclusive purpose of ensuring free,
orderly, honest, peaceful, and credible elections. 5. Registration of political parties, organization, or
coalition/accreditation of citizens’ arms of the COMELEC.

6. File, upon a verified complaint, or on its own initiative, petitions in court for the inclusion or exclusion of
voters, investigate and where appropriate, prosecute cases for violations of election laws, including acts or
omissions constituting election frauds, offenses and malpractices.
7. Recommend to 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 candidacies.

8. Recommend to the President the removal of any officer or employee it has deputized, or the imposition
of any other disciplinary action, for violation or disregard of, or disobedience to it.
9. Submit to the President and Congress a comprehensive report on the conduct of each election, plebiscite,
initiative, referendum, or recall.
10. Exercise supervision and control over officials required to perform duties relative to the conduct of
election
11. Promulgate rules and regulations
12. Summon parties to a controversy pending before it.
13. Punish contempt

Can the COMELEC change

the schedules or periods prescribed by law
for pre-election activities?

FIXING OF DATES “Sec. 29. Designation of Other Dates for certain Pre-election Acts. - If it should no
longer be reasonably possible to observe the periods and dates prescribed by law for certain pre-election
acts, the Commission shall fix other periods and dates in order to ensure accomplishment of the activities
so voters shall not be deprived of their right of suffrage.” (R.A. 6646)

EN BANC and DIVISION CASES

“Section 3. The Commission on Elections may sit en banc or in two divisions, and shall promulgate its rules
of procedure in order to expedite disposition of election cases, including pre-proclamation controversies.
All such election cases shall be heard and decided in division, provided that motions for reconsideration
of decisions shall be decided by the Commission en banc. (Article IX-C, 1987 Constitution)

EN BANC and DIVISION CASES

Only decisions of the COMELEC en banc may be brought to the Supreme Court on certiorari (as a special
civil action under Rule 65 of the Rules of Court).
Only decisions of the COMELEC made in the exercise of its quasi-judicial power, not administrative power,
may be brought to the Supreme Court on certiorari.

EN BANC and DIVISION CASES Under the Constitution, the power of the Supreme Court to review
election cases falling within the original exclusive jurisdiction of the COMELEC only extends to final
decisions or resolutions of the COMELEC en banc, not to interlocutory orders issued by a Division thereof.
(Sahali, et.al. v. COMELEC, et.al., G.R. No. 201796, 15 January 2013)

14. The COMELEC en banc cannot hear and decide a case at first instance EXCEPT when:
the case involves a purely administrative matter.

If COMELEC en banc is EQUALLY Divided

1.Reheard.

2.If no decision is reached:

•DISMISSED (If Original)
•AFFIRMED (If Appealed case)
•DENIED (If Incidental matters) [Sec. 6, RULE 18, COMELEC Rules of Procedure)

60. The COMELEC en banc shall decide a motion for reconsideration of: the decision of the COMELEC
division involving an election protest.

Qualifications (Sections 116 & 117 OEC REPEALED) 1. Filipino citizen