The COMELEC is the principal government agency tasked by the Constitution to enforce and administer all laws and regulations concerning the conduct of regular and special elections. It is a body that is designed to be constitutionally independent from the executive, legislative and judicial branches of government to ensure the conduct of free, fair and honest elections. As an added measure, the constitution also grants fiscal autonomy to enable the COMELEC to operate effectively, efficiently and free from political interference. The constitution mandates that "funds certified by the Commission as necessary to defray the expenses for holding regular and special elections, plebiscites, initiatives, referenda, and recalls, will be provided in the regular or special appropriations and, once approved, will be released automatically upon certification by the Chairman of the Commission."
Judicial, Regulatory and Administrative Functions
In addition to its primary task of election administration, the COMELEC also performs judicial, regulatory and administrative functions. Its judicial mandate consists of taking 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 contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction. Exception issues involving the right to vote, it has regulatory and administrative authority to decide on all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters.
Recommendatory Powers
The Commission has the power to propose to Congress measures to minimize election spending, including limitation of places where propaganda materials will be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies. Likewise, it can 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, its directive, order, or decision. On its own, or upon verified complaint, the COMELEC can file petitions in court for inclusion or exclusion of voters and investigate/prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices.
Membership
The COMELEC consists of one Chairman and 6 commissioners, all of whom have a 7-year term without reappointment. In all matters pertaining to election administration and policymaking, the commissioners act as a collegial body. In election cases and pre-proclamation controversies, however, the Commission sits in two divisions initially, but decides en banc on motion to reconsider a division decision.
Offices and Departments
Assisting the Chairman in managing the day-to-day affairs and operations of the COMELEC is the Executive Director. As the highest-ranking career official, he implements the policies and decisions of the Commission, takes charge of the administrative affairs and serves as the communication and operational link between the staff and Commissioners. He is assisted by a Deputy Executive Director for Administration (DEDA) and a Deputy Executive Director for Operations (DEDO).
Source: COMSTRAT 1116
