2. Discuss the Mandates of the COMELEC Under the Constitution

Mandates of the COMELEC under the Constitution  The Commission Commission on Elections Elections is mandated to give life and and meaning to the the basic principle that sovereignty resides in the people and all government authority emanates from them. It is an independent constitutional constitutional body created by a 1940 amendment to the 193 Constitution. !ince then" its membership #as enlarged and its po#ers e$panded by the 19%3 and 19&% Constitutions. Constitutions. The Commission e$ercises not only administrative and 'uasi()udicial po#ers" but )udicial po#er as #ell.

Mandated Functions  The Commission Commission on Elections Elections shall e$erc e$ercise ise the follo#ing follo#ing po#ers and functions as provided for in !ection *" +rticle I,(C of the 19&% Constitution1. Enforce Enforce and administer administer all la#s and regulations regulations relative relative to the conduct of an election" plebiscite" initiative" referendum" and recall. *. E$ercise E$ercise e$clusive e$clusive original original )urisdiction )urisdiction over all contests contests relating relating to the elections" returns" and 'ualications of all elective regional" provincial" and city o/cials" and appellate )urisdiction over all contests involving elective municipal o/cials decided by trial courts of general )urisdiction" )urisdiction" or involving elective barangay o/cials decided by trial courts of limited )urisdiction. ecisions" nal orders" or rulings of the Commission on election contests involving elective municipal and barangay o/ces shall be nal" e$ecutory" and not appealable. 3. ecide" e$cept e$cept those involving involving the the right to vote" all 'uestions 'uestions aecting aecting elections" including determination determination of the number and location of polling places" appointment of election o/cials and inspectors" and registration of voters. 4. eputi2e" #ith #ith the concurr concurrence ence of the the resident" resident" la# enforcement enforcement agencies and instrumentalities of the overnment" including the +rmed 5orces of the hilippines" for the e$clusive purpose of ensuring free" orderly" honest" peaceful" and credible elections. . 6egister" 6egister" after after su/cient su/cient publication" publication" political parties" organi2ations" organi2ations" or or coalitions #hich" in addition to other re'uirements" must present their platform or program of government7 and accredit citi2ens8 arms of the Commission on Elections. 6eligious denominations and sects shall not be registered. Those #hich see to achieve their goals through violence or unla#ful means" or refuse to uphold and adhere to this Constitution" or #hich are supported by any foreign government shall lie#ise be refused registration. 5inancial contributions from foreign governments and their agencies to political parties" organi2ations" organi2ations" coalitions" or candidates related to elections" constitute interference interference in national aairs" and" #hen accepted" shall be an additional ground ground for the cancellation of their registration #ith the Commission" in addition to other penalties that may be prescribed by la#.

:. 5ile" upon a veried complaint" or on its o#n initiative" petitions in court for inclusion or e$clusion of voters7 investigate and" #here appropriate" prosecute cases of violations of election la#s" including acts or omissions constituting election frauds" oenses" and malpractices. %. 6ecommend to the Congress eective measures to minimi2e election spending" including limitation of places #here propaganda materials shall be posted" and to prevent and penali2e all forms of election frauds" oenses" malpractices" and nuisance candidacies. &. 6ecommend to the resident the removal of any o/cer or employee it has deputi2ed" or the imposition of any other disciplinary action" for violation or disregard of" or disobedience to" its directive" order" or decision. 9. !ubmit to the resident and the Congress" a comprehensive report on the conduct of each election" plebiscite" initiative" referendum" or recall.

 Jurisprudence aragraphs ;1< = ;:<" !ection *" +rticle I,(C of the 19&% ConstitutionPeople of the Philippines vs. Honorable Enrique B. Intin

+rticle I, C !ection * of the Constitution provides-

!ec. *. The Commission on Elections shall e$ercise the follo#ing po#ers and functions

;1< Enforce and administer all la#s and regulations relative to the conduct of an election" plebiscite" initiative" referendum" and recall.

$$$ $$$ $$$

;:< 5ile" upon a veried complaint" or on its o#n initiative" petitions in court for inclusion or e$clusion of votes" investigate and, where

appropriate, prosecute cases of violation of election laws, including acts

or

omission

constituting

election

frauds,

oenses,

and

 practices. ;Emphasis supplied<

In eect the 19&% Constitution mandates the C>?E@EC not only to investigate but also to prosecute cases of violation of election la#s. This means that the C>?E@EC is empo#ered to conduct preliminary investigations in cases involving election oenses for the purpose of helping the Audge determine probable cause and for ling an information in court. This po#er is e$clusive #ith C>?E@EC.

 The grant to the C>?E@EC of the po#er" among others" to enforce and administer all la#s relative to the conduct of election and the concomittant authority to investigate and prosecute election oenses is

not

#ithout

compelling

reason.

The

evident

constitutional

intendment in besto#ing this po#er to the C>?E@EC is to insure the free" orderly and honest conduct of elections" failure of #hich #ould result in the frustration of the true #ill of the people and mae a mere idle ceremony of the sacred right and duty of every 'ualied citi2en to vote. To divest the C>?E@EC of the authority to investigate and prosecute oenses committed by public o/cials in relation to their o/ce #ould thus seriously impair its eectiveness in achieving this clear constitutional mandate.

5rom a careful scrutiny of the constitutional provisions relied upon by the !andiganbayan" Be perceived neither e$plicit nor implicit grant to it and its prosecuting arm" the Tanodbayan" of the authority to investigate" prosecute and hear election oenses committed by public o/cers in relation to their o/ce as contradistinguished from the clear and categorical besto#al of said authority and )urisdiction upon the

C>?E@EC and the courts of rst instance under !ections 1&* and 1&4" respectively" of the Election Code of 19%&.

+n e$amination of the provisions of the Constitution and the Election Code of 19%& reveals the clear intention to place in the C>?E@EC e$clusive )urisdiction to investigate and prosecute election oenses committed by any person" #hether private individual or public o/cer or employee" and in the latter instance" irrespective of #hether the oense is committed in relation to his o/cial duties or not. In other #ords" it is the nature of the oense and not the personality of the oender that matters. +s long as the oense is an election oense  )urisdiction over the same rests e$clusively #ith the C>?E@EC" in vie# of its all(embracing po#er over the conduct of elections. ;Corpus v.  Tanodbayan" 149 !C6+ *&1 19&%D<

aragraphs ;1< = ;:<" !ection * of the 19&% ConstitutionPeople of the Philippines vs. Honorable Enrique B. Intin