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Commission on Elections (Philippines)

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Philippine independent constitutional commission
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Commission on Elections
Komisyon sa Halalan
Official seal
AbbreviationCOMELEC
PredecessorDepartment of Interior
FormationAugust 22, 1940; 85 years ago (1940-08-22)
HeadquartersPalacio del Gobernador
Location
Membership1 chairperson, 6 commissioners
Chairperson
George Erwin M. Garcia
Budget₱14.6 billion (2021)[2]
Employees4,836 (2024)[1]
Websitewww.comelec.gov.ph
flagPhilippines portal

TheCommission on Elections (Filipino:Komisyon sa Halalan), abbreviated asCOMELEC,[3] is one of the threeconstitutional commissions of thePhilippines. Its principal role is to enforce all laws and regulations relative to the conduct ofelections in the Philippines.

The other two Constitutional Commissions are theCommission on Audit andCivil Service Commission.

Functions

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According to Article IX-C, Section 2 of the1987 Constitution of the Philippines, the Commission on Elections (COMELEC) shall exercise the following powers and functions:[4]

  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 theelections, 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. Decisions, final orders, or rulings of the commission on election contests involving elective municipal and barangay offices shall be final, 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 Armed Forces of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.
  5. Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government; and accredit citizens’ arms of the Commission on Elections. Religious denominations and sects shall not be registered. Those which seek to achieve their goals through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or which are supported by any foreign government shall likewise be refused registration. Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to elections constitute interference in national affairs, and, when accepted, shall be an additional ground for the cancellation of their registration with the commission, in addition to other penalties that may be prescribed by law.
  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 constituting election frauds, offenses, and malpractices.
  7. Recommend to the 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 its directive, order, or decision.
  9. Submit to the President and the Congress a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall.

History

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The 1978 Commission was composed of [from left] Commissioners Flores A. Bayot, Venancio Duque, ChairmanLeonardo B. Perez, Commissioners Domingo Pabalete and Vicente Santiago (not in the photo).

Predecessor

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The Executive Bureau

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TheCOMELEC was created by a 1940 amendment to the 1935Constitution of the Philippines. Prior to the creation of theCOMELEC, supervision over the conduct of elections was vested by law in the Executive Bureau under the Department of Interior and, later directly by the same department. The secretary of interior saw to it that local authorities performed the ministerial duties assigned to them by the Election Code. He decided administrative questions concerning elections. The courts, however, exercised exclusive and final jurisdiction over questions affecting the right to vote as well as contested elections of local elective officials. Elections contests involving members of theNational Assembly were judged solely by an electoral commission composed of three justices of theSupreme Court and six members of the National Assembly.

A statutory commission

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In view, however, of the close official ties between thepresident and the secretary of interior, there was always the danger of a partisan secretary of the interior exploiting his powers and influence to ensure the victory of his party at the polls. As a consequence, the constitution was amended in 1940 to create an independent Commission on Elections, composed of a chairman and two other members, to take over the functions of the secretary of the interior relative to elections. But since the amendments could not be effective in time for the 1940 elections, the National Assembly, by Commonwealth Act No. 607, created a Commission on Elections, giving thereto the same powers which the Commission on Elections could have under the amended constitution. The statutory commission supervised the conduct of the December 10, 1940, local Philippine elections.

Creation of the Commission

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The constitutional amendment creating the Commission on Elections was finally approved on December 2, 1940. On June 21, 1941, Commonwealth Act No. 657 was enacted reorganizing the Commission on Elections as a constitutional entity. The members of the statutory commission continued as members of the constitutional commission.

The chairman and members of the commission had a fixed term of nine years each – a member being replaced every three years except in the first commission. They could be removed from office only byimpeachment. They were provided with fixed salaries which could neither be increased nor diminished during their term of office. These were safeguards to ensure the independence of the commission.

The administrative control of elections exercised by the secretary of interior was transferred to the Commission on Elections. The commission was vested with the exclusive charge of enforcing and administering all laws relative to elections and the power to decide all questions affecting elections, except those involving the right to vote, which were left to final judicial determination. The courts and electoral tribunals retained their original powers over election contests.

Membership expansion

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The 1973 Constitution enlarged the membership of the commission from three to nine members but reduced their terms of office from nine years to seven years. As in the 1935 Constitution, the chairman and commissioners had staggered terms of office and could be removed from office only by impeachment.

First to serve in the Commission on Elections under the 1973 Constitution were former SenatorLeonardo B. Perez, as chairman, and Venacio S. Duque, Flores A. Bayot, Jose M. Mendoza, Fernando R. Veloso, Lininding Pangandaman, Venancio L. Yaneza and Casimiro R. Madarang Jr. as commissioners. Commissioner Pangandaman, the first Muslim commissioner of theCOMELEC, was appointed ambassador by PresidentFerdinand Marcos even before the expiration of his term. His unexpired term was taken over by Commissioner Hashim R. Abubakar.

On May 17, 1980, Chairman Perez (who was later appointed minister of political affairs by President Marcos) and Commissioners Duque and Bayot, after completing their seven-year term, retired. Commissioner Santiago succeeded Perez, and the following were appointed commissioners: Domingo C. Pabalete; Victorino A. Savellano; Jaime C. Opinion; Noli Sagadraca; Romeo Firme: Luis Lardizabal and Ide C. Tillah. With Commissioner Lardizabal the membership of the commission was thus increased to eight, one short of the full complement of nine.

Upon the retirement of Commissioners Firme, Tillah and Lardizabal on May 17, 1983, the Commission on Elections was composed of only five members. On March 21, 1983, two new members were appointed by President Marcos, namely: Froilan Bacungan and Ramon H. Felipe Jr. With the retirement of Chairman Santiago and Commissioners Pabalete and Sagadraca on May 17, 1984, Savellano was appointed chairman. Three new members were appointed on July 27, 1985, namely: Commissioners Quirino A. Marquinez, Mangontawar Guro and Mario D. Ortiz. On January 31, 1986, Commissioners Ruben C. Agpalo and Jaime Layosa were appointed to finally complete the required membership of nine.

After the 1986 EDSA People Power Revolution

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After the tumultuous February 7, 1986snap elections and thePeople Power Revolution, Chairman Savellano and all the commissioners of theCOMELEC tendered their courtesy resignations which, except those of Commissioners Bacungan and Felipe, were accepted by PresidentCorazon C. Aquino.

On April 11, 1986, Commissioner Felipe was appointed acting chairman. On July 23, 1986, he took his oath of office as permanent chairman, together with Commissioners Leopoldo Africa,Haydee Yorac, Andres Flores, Anacleto Badoy, and Dario Rama as members of the "new" Commission on Elections. On February 15, 1988,Hilario G. Davide Jr. was appointed chairman, with Alfredo E. Abueg Jr., Haydee B. Yorac, Leopoldo L. Africa, Andres R. Flores, Dario C. Rama and Magdara B. Dimaampao as commissioners. Commissioner Haydee B. Yorac was appointed as acting chairman when Hilario G. Davide Jr. was appointed chairman of the Presidential Fact Finding Commission in December 1989, pursuant to Administrative Order No. 146. On June 6, 1991Christian Monsod was appointed by President Aquino as chairman of the commission to serve the unexpired term of Davide.

When Monsod retired on February 15, 1995, PresidentFidel V. Ramos appointed Court of Appeals JusticeBernardo Pardo as chairman of the commission. Pardo's term was cut short when he was appointed by PresidentJoseph Estrada as associate justice of theSupreme Court in October 1998. CommissionerLuzviminda Tancangco was appointed acting chairman of the commission.

On January 11, 1999, President Estrada appointedSandiganbayan JusticeHarriet Demetriou as chairman of the commission. After the events ofJanuary 17 to 20, 2001 that led to the ouster and resignation of President Estrada from power, Demetriou tendered her courtesy resignation which was accepted by PresidentGloria Macapagal Arroyo.

On February 19, 2001, President Arroyo appointed JusticeAlfredo Benipayo as chairman of the commission. However, the Commission on Appointments did not confirm his appointment due to opposition of some commissioners led by Luzviminda Tancangco. On June 5, 2002, President Arroyo appointedMetropolitan Manila Development Authority chairman and formerMandaluyong mayorBenjamin S. Abalos Sr. to replace Benipayo. On January 26, 2008,Gloria Macapagal Arroyo appointed former Supreme Court associate justice Jose Melo, 77, to replace Chair Abalos.[5] TheUnited Opposition (UNO) opposed Melo's appointment.[6] However, Melo needed to be confirmed by the Commission on Appointments (CA), so Commissioner Romeo A. Brawner was appointed ad interim acting chairman on February 2, 2008, and stayed as chairman until Melo was confirmed by the CA. On March 25, 2008, former Supreme Court justice Jose Melo was sworn in as new chairman of theCOMELEC by acting chairRomeo A. Brawner. Melo's ad interim appointment (Congress was not in session) was sent by Malacañang to the Commission on Appointments.[7]

On May 29, 2008,Romeo A. Brawner died from a massiveheart attack. Brawner, appointed to theCOMELEC to replace thecontroversialVirgilio Garcillano, was supposed to end his term on February 2, 2011.[8]Gloria Macapagal Arroyo, on July 2, 2008, appointed former acting judge (Br. 74, RTC,Malabon) Leonardo Leonida and retired justice of the Court of Appeals Lucenito Tagle as commissioners of the Commission on Elections.[9][10] On November 7, 2008, PresidentGloria Macapagal Arroyo appointed Armando Velasco as new election commissioner, and reappointed bypassed commissioners Leonardo L. Leonida and Lucenito N. Tagle.[11]Eduardo Ermita stated "Velasco replacedCOMELEC commissioner and former Iligan City Judge Moslemen Macarambon Jr. whose appointment had been bypassed several times by the Commission on Appointments (CA)."[12][13]

2007 impeachment complaint

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On September 27, 2007,Iloilo Vice Governor Rolex Suplico filed a 69-page impeachment complaint (3:00 p.m.) against COMELEC chairmanBenjamin Abalos Sr. before theHouse of Representatives of the Philippines regarding theZTE national broadband network (NBN) deal. It was endorsed by RepresentativesTeofisto Guingona III ofBukidnon andTeodoro Casiño ofBayan Muna (People First), andZamboanga City RepresentativeMa. Isabelle Climaco.Affidavits ofRomulo Neri andJose de Venecia III supported the complaint.[14][15] On October 1, 2007,COMELEC chairman Benjamin Abalos Sr. faced with an impending impeachment case, resigned in a press conference. The COMELEC appointedResurreccion Z. Borra as acting chairman. Abalos stated: "I'm resigning... effective immediately." "However," Abalos added during the news conference, "let not my detractors feast on this declaration. I'm not admitting guilt for any wrongdoing."[16][17] An impeachment complaint againstCOMELEC chairman Abalos was formally filed before the House of Representatives after Neri, former chief of theNational Economic Development Authority (NEDA), accused Abalos of attempting to bribe him.

Organization

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The commission proper is the policy-making body composed of the chairman and six commissioners who must benatural-born citizens of the Philippines; at least thirty-five years of age at the time of their appointment; 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 years; and must not have been a candidate for any elective position in the immediate preceding elections.[18] The chairman and the commissioners are appointed by the president, with the consent of theCommission on Appointments and hold office for seven years, without reappointment. Since 1987, the terms start and end on February 2. Among the first appointees in 1987, three members served for seven years (ended in 1994), two others served for five years (ended in 1992), and two others served for three years (ended in 1989).

The chairman acts as the presiding officer and chief executive officer of the commission. Assisting the commission are an executive director and deputies, 17 regional election directors, provincial election supervisors and election officers in cities and municipalities. TheCOMELEC has more than 15,000 employees.

The commissioners exercisequasi-legislative andquasi-judicial functions eitheren banc or in division. They also perform such other functions as may be assigned by the commission or the chairman.

Current composition

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Current composition
PositionDivisionPictureNameTenure startedTenure scheduled to endAppointed by
ChairmanGeorge GarciaJuly 22, 2022February 2, 2029Bongbong Marcos
Commissioner2ndNelson J. CelisAugust 11, 2022
Commissioner1stErnesto Ferdinand P. Maceda Jr.October 6, 2022
Commissioner1stAimee Ferolino-AmpoloquioNovember 24, 2020February 2, 2027Rodrigo Duterte
Commissioner2ndRey E. BulayNovember 11, 2021
Commissioner1stNorina Tangaro-Casingal[19]February 10, 2025February 2, 2032Bongbong Marcos
Commissioner2ndNoli Pipo[20]

Former members

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During the 1935 constitution, the commission was composed of three members, with one chairman and two commissioners, each having nine-year terms with no reappointments. Among the first three members appointed, the first had a nine-year term, the second had a six-year term, and the last had a three-year term, all starting in the commission's reorganization on June 21, 1941, via Commonwealth Act No. 657.

Starting with the 1973 constitution, the commission was composed of nine members, with one chairman and eight commissioners, each having seven-year terms with no reappointments. Among the first nine members appointed, the first three had seven-year terms, the next three had five-year terms, and the last three had three-year terms, all starting in 1973. The commission never reached its full complement of nine members during the operation of the 1973 constitution until January 1986, a few weeks before thePeople Power Revolution.

ImageChairman[21]Term beganTerm endedAppointed byElectoral exercises oversaw
Pedro ConcepcionSeptember 1, 1940May 11, 1941Manuel L. Quezonnone
Jose VitoMay 13, 1941May 7, 19471941 election,1946 election,1947 plebiscite
Vicente de VeraMay 9, 1947April 10, 1951[a]Manuel Roxas1949 election
Domingo ImperialAugust 14, 1951March 31, 1958[b]Elpidio Quirino1953 election,1957 election
Jose CaragMay 19, 1958June 20, 1959Carlos P. Garcianone
Sixto Brillantes Sr.June 20, 1959May 12, 1960none
Gaudencio GarciaMay 12, 1960June 20, 19621961 election
Juan BorraAugust 2, 1962June 20, 1968Diosdado Macapagal1965 election
Manuel ArranzOctober 18, 1968June 2, 1969[b]Ferdinand Marcos1967 plebiscite
Jaime FerrerJune 10, 1969May 28, 19731969 election,1970 constitutional convention election,January 1973 plebiscite
Leonardo PerezMay 29, 1973May 17, 1980July 1973 referendum,1975 referendum,1976 referendum,1977 referendum,1978 election
Vicente Santiago Jr.May 17, 1980May 17, 19851981 plebiscite,1981 election and referendum,1984 plebiscite,1984 election
Victorino SavellanoMay 20, 1985March 24, 19861986 election
Ramon Felipe Jr.July 11, 1986February 3, 1988Corazon Aquino1987 plebiscite,1987 election
Hilario Davide Jr.February 15, 1988January 12, 1990[b]1988 local elections
Christian MonsodJune 6, 1991February 15, 1995[b]1992 election
Bernardo P. PardoFebruary 17, 1995October 7, 1998[b]Fidel V. Ramos1995 election,1998 election
Harriet DemetriouJanuary 11, 1999January 21, 2001[b]Joseph Estradanone
Alfredo BenipayoFebruary 15, 2001June 5, 2002[b]Gloria Macapagal Arroyo2001 election
Benjamin AbalosJune 17, 2002October 1, 2007[b]2004 election,2007 election
Jose MeloMarch 25, 2008January 15, 2011[b]2010 election
Sixto BrillantesJanuary 17, 2011February 2, 2015Benigno Aquino III2013 election
Andres BautistaApril 28, 2015October 23, 2017[b]2016 election
Sheriff AbasMay 23, 2018February 2, 2022Rodrigo Duterte2019 election
Saidamen PangarunganMarch 8, 2022June 1, 2022[c]2022 election
ImageCommissioner[21]Term beganTerm endedAppointed by
Jose C. AbreuSeptember 1, 1940October 11, 1944[a]Manuel L. Quezon
Rufino LunaSeptember 1, 1940July 12, 1945
Francisco EnageJuly 12, 1945November 9, 1949Sergio Osmeña
Vicente de VeraJuly 12, 1945April 8, 1951
Leopoldo RoviraMay 22, 1947September 10, 1954Manuel Roxas
Rodrigo Perez Jr.December 8, 1949June 21, 1956
Gaudencio GarciaMay 18, 1955June 20, 1962[d]Ramon Magsaysay
Sixto Brillantes Sr.December 20, 1956June 20, 1965
Genaro VisarraMay 12, 1960November 10, 1962Carlos P. Garcia
Cesar MiraflorNovember 11, 1962June 20, 1971Diosdado Macapagal
Gregorio SantayanaJune 26, 1965May 31, 1966
Francisco OrtegaDecember 25, 1966March 20, 1967[a]Ferdinand Marcos
Manuel ArranzAugust 27, 1967June 2, 1969[d]
Jaime N. FerrerMay 23, 1969May 28, 1973[d]
Lino M. PatajoJune 16, 1969May 31, 1973
Jose M. MendozaSeptember 6, 1971May 17, 1973
Lininding PangandamanMay 29, 1973November 15, 1973[b]
Flores A. BayotMay 30, 1973May 17, 1980
Venancio R. YanezaMay 30, 1973May 17, 1980
Casimiro R. Madarang Jr.May 30, 1973May 17, 1980
Fernando R. VelosoMay 30, 1973May 17, 1980
Venancio S. DuqueJune 1, 1973May 17, 1980
Domingo C. PabalateMay 17, 1978May 17, 1985
Vicente M. Santiago Jr.May 17, 1978May 17, 1985
Victorino A. SavellanoMay 17, 1980May 17, 1987
Jaime C. OpinionMay 17, 1980May 17, 1987
Noli M. SagadracaMay 17, 1980May 17, 1985
Romeo N. FirmeMay 17, 1980May 17, 1983
Ide C. TillahMay 17, 1980May 17, 1983
Luis L. LardizabalMay 17, 1980May 17, 1983
Froilan M. BacunganMarch 21, 1984May 17, 1990
Ramon H. Felipe Jr.March 21, 1984May 17, 1990
Mario D. OrtizJuly 30, 1985July 23, 1986[b]
Mangontawar B. GuroJuly 30, 1985April 11, 1986[b]
Quirino A. MarquinezAugust 1, 1985July 23, 1986
Ruben AgpaloJanuary 2, 1986July 23, 1986
Jaime J. LayosaJanuary 29, 1986July 23, 1986
Leopoldo L. AfricaJune 14, 1986February 15, 1991[b]Corazon Aquino
Haydee Yorac[e]July 15, 1986February 11, 1993[b]
Dario C. RamaJuly 16, 1986February 15, 1993[b]
Anacleto D. Badoy Jr.July 16, 1986February 3, 1988
Andres R. FloresJuly 17, 1986February 15, 1991
Tomas V. dela CruzDecember 11, 1986September 3, 1987
Alfredo E. Abueg Jr.December 16, 1987January 20, 1992
Magdara B. DimaampaoFebruary 15, 1988February 15, 1995
Froilan M. BacunganFebruary 15, 1988January 12, 1990
Regalado MaambongJune 6, 1991February 15, 1998
Vicente B. de LimaFebruary 7, 1992November 4, 1994
Remedios S. FernandoFebruary 14, 1992February 14, 1998
Graduacion R. ClaravallApril 12, 1993June 14, 1996Fidel V. Ramos
Manolo B. GorospeApril 14, 1993February 14, 2000
Julio F. DesamitoJanuary 3, 1995February 15, 2001
Teresita D. FloresFebruary 17, 1995February 15, 2001
Japal M. GuianiMarch 29, 1996February 15, 2001
Amado M. CalderonFebruary 16, 1998June 30, 1998[b]
Evalyn I. FetalinoFebruary 16, 1998June 30, 1998[b]
Luzviminda Tancangco[e]August 5, 1998February 2, 2004[b]Joseph Estrada
Abdul Gani MarohombsarSeptember 7, 1998June 3, 1999[b]
Ralph C. LantionJanuary 6, 2000February 2, 2004
Rufino S. JavierApril 4, 2000February 2, 2006
Mehol K. SadainJuly 17, 2000February 2, 2006
Resurreccion Borra[e]February 15, 2001February 2, 2008Gloria Macapagal Arroyo
Florentino A. Tuason Jr.February 20, 2001February 2, 2008
Virgilio GarcillanoFebruary 12, 2004June 10, 2005[b]
Manuel A. Barcellona Jr.February 12, 2004June 10, 2005[b]
Romeo A. Brawner Sr.[e]September 18, 2005May 29, 2008[a]
Rene V. SarmientoApril 7, 2006February 2, 2013
Nicodemo T. FerrerJune 15, 2006February 2, 2011
Moslemen T. MacarambonNovember 5, 2007October 10, 2008[b]
Leonardo L. LeonidaJuly 2, 2008February 11, 2011[b]
Lucenito N. TagleJuly 3, 2008February 2, 2011
Armando C. VelascoJuly 3, 2008February 2, 2013
Elias R. YusophJuly 24, 2009February 2, 2015
Gregorio Y. LarrazabalOctober 15, 2009February 2, 2011
Christian Robert S. LimApril 7, 2011February 2, 2018Benigno Aquino III
Augusto C. LagmanJune 3, 2011April 16, 2012[b]
Grace PadacaOctober 8, 2012June 11, 2014[b]
Luie Tito F. GuiaApril 15, 2013February 2, 2020
Al ParreñoApril 15, 2013February 2, 2020
Arthur D. LimJuly 25, 2014February 2, 2018
Sheriff M. AbasApril 28, 2015May 23, 2018[d]
Rowena GuanzonApril 28, 2015February 2, 2022
Antonio Kho Jr.July 11, 2018February 2, 2022Rodrigo Duterte
George GarciaMarch 8, 2022June 1, 2022[c]
Aimee Torrefranca-NeriMarch 8, 2022June 1, 2022[c]
Socorro B. IntingApril 17, 2018February 2, 2025
Marlon S. CasquejoJune 19, 2018February 2, 2025
  1. ^abcdDied in office
  2. ^abcdefghijklmnopqrstuvwxyzResigned mid-term, or was rejected by theCommission on Appointments
  3. ^abcResigned mid-term, bypassed or was rejected by theCommission on Appointments
  4. ^abcdSubsequently appointed as chairman
  5. ^abcdConcurrently served as acting chairman

Issues and incidents

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ZTE broadband contract controversy

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In August 2007, Nueva Vizcaya Rep.Carlos Padilla delivered a privilege speech alleging that Comelec chairman Benjamin Abalos brokered for the national broadband network (NBN) project. Padilla claimed that Abalos met with officials of the Chinese firmZTE Corp., which got the US$329 million contract for the broadband project.

Abalos denied brokering for the National Broadband Network project despite admitting he knew some officials in ZTE Corp. He admitted to making four trips to China and playing golf there. He also admitted that ZTE officials, who he said were his golf buddies, hosted and paid for the trips.

Jose de Venecia III, son of House SpeakerJose de Venecia Jr., alleged that Abalos offered him US$10 million to withdraw his proposal on the NBN project. De Venecia is a majority shareholder of Amsterdam Holdings Inc., a company that submitted an unsolicited proposal on the NBN project. De Venecia also claimed that Abalos asked for money from the ZTE Corp. officials.

Hello Garci scandal

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Main article:Hello Garci scandal

Abalos was mentioned in the "Hello Garci" tape, which refers to the alleged wiretapped conversations where vote rigging in the 2004 elections was discussed by, among others, a woman presumed to be President Gloria Arroyo and a man presumed to beCOMELEC CommissionerVirgilio Garcillano.

Mega Pacific

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Abalos was theCOMELEC chair when the election body approved a P1.3-billion contract with the Mega Pacific Consortium for the purchase of automated counting machines, which the Supreme Court in January 2004 declared as void because of "clear violation of law and jurisprudence" and "reckless disregard ofCOMELEC's own bidding rules and procedure."

On January 21, 2004, SenatorAquilino Pimentel Jr. filed criminal and administrative charges before theOmbudsman against Abalos and other commissioners in connection with the deal. Abalos described the charges as a "demolition job."

Pimentel accused Abalos and the other commissioners of committing an act of impropriety when they and their wives traveled to Seoul, South Korea to visit the plant of the maker of the counting machines a few months before the bidding for the contract started. Pimentel said he received information that the Korean company paid for the plane tickets and hotel accommodations for the trip.

However, Abalos claimed that the expenses for the trip were paid for out of the P1 million he won in a golf tournament inWack Wack Golf and Country Club.

On September 27, 2006, the Ombudsman, in a resolution, absolved all respondents involved in the Mega Pacific controversy of all administrative and criminal liabilities "for lack of probable cause." It also reversed its June 28 resolution which contained factual findings that can be used by the House of Representatives to initiate impeachment proceedings againstCOMELEC Commissioner Resureccion Borra.

Website hacking

[edit]
Main article:Commission on Elections data breach

Just six weeks before the2016 Philippine general election, theCOMELEC website was hacked by a group called "Anonymous Philippines" on the night of March 27, 2016.[22] Anonymous Philippines asked the poll body to implement security on Precinct Count Optical Scanners (PCOS)—automated voting machines.[23] Another group calling itselfLulzSec Pilipinas, claimed to have hackedCOMELEC's website, and posted its database on their Facebook account shortly afterAnonymous Philippines compromisedCOMELEC's website.[24][25] These exploits exposed voter data and the vulnerability of both voter registration data and the functionality of their website.[24] LulzSec posts 3 mirror links on their Facebook account that can be downloaded.[24] The incident was considered the biggest private leak data in the Philippine history and leaving millions of registered voters at risk.[26][27]

The sensitive information, which included the full name, complete address, and passport number of at least 55–70 million Filipino registered voters, was leaked publicly on a website calledwehaveyourdata, allegedly created by hackerLulzSec Philippines.[28][29] Anyone who had access to this website could type the first name, surname, and middle name of the compromised registered voters on the search bar provided and the sensitive information would be revealed.[30] The website was taken down by theNBI on April 22.[31] COMELEC spokesperson James Jimenez warned the public not to use the website, warning this could be aphishing site.[32] On April 21, COMELEC apologized for the privacy attacks by the hackers.[33]

2022 National Elections

[edit]

Threat of jailing critics

[edit]

On April 23, 2022, a few weeks before the2022 Philippine general election, COMELEC commissioner Rey Bulay threatened with arrest individuals who would publicly state that COMELEC was biased towards a certain candidate or might be involved in election fraud.[34]

“Iyon pong nagko-comment ng public opinion na ang Comelec ay may sina-side-an, may kinakampihan, at mandadaya, ako po ay nagwawarning sa inyo, we will not hesitate to call upon the AFP na sa panahong ito ay nasa ilalim ng control ng Comelec para patulan at ipahuli at ipakulong kayo,”[35]

“To those issuing public opinion that Comelec is biased or that it would cause election fraud, I am warning you that we would not hesitate to call upon the Armed Forces of the Philippines, which is now under Comelec control, to round you up and have you jailed”

– Commissioner Rey Bulay said during a press briefing.[34]

The statement was made allegedly in support of a different statement by COMELEC Commissioner Socorro Inting who in turn was commenting on a statement released by supporters of then presidential candidate andVice-presidentLeni Robredo who called for COMELEC to remain nonpartisan for the sake of the elections. Commissioner Inting commented that it was simply unnecessary to call on the COMELEC to hold a “nonpartisan” election.[34] The commissioner also noted how such statements are liable to cast doubt on the legitimacy of the commission and by extension the elections themselves. Local news agencyRappler noted that it was unclear why Commissioner Inting took offense to this statement released by the supporters of Leni Robredo, which simply reminded the commission to hold fair and safe elections.[35]

Several lawmakers and concerned groups slammed the statement by the Comelec.[36][34] DetainedSenatorLeila de Lima called the threat by Commissioner Bulay "uncalled for and illegal".[36] She noted that theArmed Force of the Philippines are only allowed to arrest individuals during times of lawless violence while under orders from theCommander-in-Chief. She noted that while COMELEC has expansive powers during an election season, this "does not include the power to use the AFP in stifling criticisms and suppressing free speech”.[36] In a separate statement, House Assistant Minority Leader andparty-list Rep.France L. Castro called on COMELEC to withdraw its statement, calling the commission hypersensitive to criticisms thrown at it by the populace.[36] The representative stated that citizens are well within their rights to call for "orderly, peaceful and credible elections”.[36]

Following the backlash, Commissioner Bulay commented that his statement was only a warning, and that he was only reminding people to follow the law.[37]

Red-tagging and harassment of candidates

[edit]
This section is an excerpt fromRed-tagging in the Philippines § During elections.[edit]

Red-tagging has been used as a "weapon" against opposition candidates during election campaigns, according to media watchdogs and members of the political opposition. Red-tagging has also been used to divert public attention from economic hardships and extrajudicial killings attributed to incumbent candidates.[38][39]

During the2022 Philippine presidential election, the red-tagging of presidential candidateLeni Robredo by incumbent officials were frequently featured on theManila Times and theDaily Tribune, according to media observers.[40] A report by the ASEAN Parliamentarians for Human Rights said that Robredo was the "prime target of intensified disinformation and red-tagging in social media leading up to election day." The report also said that candidates and elected representatives of theMakabayan bloc were also red-tagged.[41] Former Congress representative and senatorial candidateNeri Colmenares said that red-tagging increased during elections and targeted opposition candidates who protested the Philippine government's poor COVID pandemic response, the Anti-Terrorism Law, and the extrajudicial killing of activists. Colmenares said that candidates of theOtso Diretso senatorial slate were also red-tagged during the2019 election campaign, and that the red-tagging died down after the election.[42]

In February 2025, the Philippine Commission on Elections (COMELEC) issued Resolution No. 11116, which made red-tagging and discrimination during election campaigns offenses punishable with imprisonment of one to six years and disqualification from public office.[43] COMELEC ChairGeorge Erwin Garcia said that the policy is based on the Supreme Court ruling that defined red-tagging as an act that threatens individuals.[44]

In March 2025, during the campaign for the2025 Philippine general election, Bayan Muna party-list nominee Neri Colmenares filed a complaint urging COMELEC to investigate allegations of red-tagging and vilification constituting "massive and widespread black propaganda" and the destruction of campaign materials.[45]

The International Coalition for Human Rights in the Philippines stated that red-tagging was the most common election violation as of April 30, 2025, making up 78.7% of the election violations it had recorded.[46] "This level of systematic red-tagging is not only a violation of human rights, it's a coordinated effort to intimidate and discredit democratic actors," the group said in a statement.[47]

Election of Alice Guo

[edit]

The role of the Comelec was put into scrutiny in 2024 whenAlice Guo was elected as mayor ofBamban,Tarlac in the 2022 election. Guo is alleged to be a Chinese citizen in the Senate inquiry, consequentially putting the validity of her election as mayor. Comelec was questioned on why Guo's candidacy was not disputed at the time with the election body stating it cannot on its own ormotu proprio question the eligibility of candidates. Someone else has to file a formal petition.[48] Comelec opened its own investigation in July 2024.[49] Guo was removed from office by the Ombudsman over her links to illicit activities ofPhilippine Offshore Gaming Operators (POGOs).[50]

The same still applies for the 2025 election, even if Guo did sought reelection.[51][52] The controversy also led to the Comelec to decide to publish online all the certificates of candidacies of aspirants for the 2025 election.[53]

See also

[edit]

References

[edit]
  1. ^Department of Budget and Management."Staffing Summary Fiscal Year 2025"(PDF). RetrievedApril 24, 2025.
  2. ^https://www.dbm.gov.ph/wp-content/uploads/GAA/GAA2021/TechGAA2021/COMELEC/COMELEC.pdfArchived October 17, 2021, at theWayback Machine[bare URL PDF]
  3. ^home page of theCOMELEC websiteArchived November 19, 2020, at theWayback Machine accessed January 28, 2016, consistently uses the all upper case abbreviation of "COMELEC" rather than "Comelec"
  4. ^Article IX-C, Section 2, 1987 Constitution of the Philippines
  5. ^Marichu VillanuevaMelo named newCOMELEC chairmanArchived April 28, 2012, at theWayback Machine. asianjournalusa.com (January 26, 2008)
  6. ^Opposition questions Melo's appointment as poll chiefArchived March 18, 2012, at theWayback Machine. gmanetwork.com. Video (January 26, 2008)
  7. ^Melo sworn in asCOMELEC chairmanArchived April 13, 2008, at theWayback Machine. Newsinfo.inquirer.net (March 25, 2008). Retrieved on December 16, 2011.
  8. ^Brawner's death leaves 3 vacancies in Comelec-spokesman – INQUIRER.net, Philippine News for FilipinosArchived June 1, 2008, at theWayback Machine. Newsinfo.inquirer.net. (May 29, 2008) Retrieved on December 16, 2011.
  9. ^2 Comelec commissioners namedArchived October 4, 2008, at theWayback Machine. Newsinfo.inquirer.net (June 9, 2010). Retrieved on December 16, 2011.
  10. ^gmanews.tv/story, Arroyo names 2 new Comelec commissioners – report. Gmanews.tv (July 2, 2008). Retrieved on December 16, 2011.
  11. ^New election commissioner namedArchived November 10, 2008, at theWayback Machine. Newsinfo.inquirer.net. (November 7, 2008) Retrieved on December 16, 2011.
  12. ^New Comelec commissioner named; Macarambon out?. Beta.philstar.com (November 8, 2008). Retrieved on December 16, 2011.
  13. ^New poll commissioner vows changesArchived November 12, 2008, at theWayback Machine. Newsinfo.inquirer.net. (November 9, 2008) Retrieved on December 16, 2011.
  14. ^Impeachment raps filed vs Abalos at House by Iloilo vice govArchived October 14, 2007, at theWayback Machine. Inquirer.net. Retrieved on December 16, 2011.
  15. ^Impeachment raps filed vs Abalos over ZTE controversyArchived May 22, 2011, at theWayback Machine. Gmanews.tv (September 27, 2007). Retrieved on December 16, 2011.
  16. ^WSJ, Philippine Voting Chief Quits Amid Bribe Queries[dead link]
  17. ^Gomez, Jim (October 2, 2007)."Philippine Elections Chief Resigns Amid Bribery Allegations". Associated Press.Archived from the original on March 6, 2022. RetrievedMarch 6, 2022 – viaArab News.
  18. ^Article IX-C, Section 1, 1987 Constitution of the Philippines
  19. ^"Comelec law department head named new commissioner".Philippine News Agency. February 10, 2025. RetrievedFebruary 10, 2025.
  20. ^"Comelec Region 1 director named commissioner".Philippine News Agency. February 10, 2025. RetrievedFebruary 10, 2025.
  21. ^ab"Past Members of COMELEC". RetrievedOctober 28, 2020.
  22. ^"Comelec website hacked a month before polls".Rappler. March 27, 2016.Archived from the original on March 31, 2016. RetrievedMarch 29, 2016.
  23. ^"LOOK: Comelec website hacked".Philippine Daily Inquirer. March 28, 2016.Archived from the original on April 10, 2016. RetrievedMarch 29, 2016.
  24. ^abc"Comelec data leaked by hackers".Rappler. March 28, 2016. RetrievedMarch 29, 2016.
  25. ^"Anonymous PH hacks Comelec website".CNN Philippines. March 29, 2016. Archived fromthe original on April 6, 2016. RetrievedMarch 29, 2016.
  26. ^"Experts fear identity theft, scams due to Comelec leak". April 1, 2016.Archived from the original on April 19, 2016. RetrievedApril 21, 2016.
  27. ^"'COMELEAKS' Lawmakers: Voter database breach compromises May 9 elections; PNP joins probe".Interaksyon. April 22, 2016. Archived fromthe original on April 23, 2016. RetrievedApril 22, 2016.
  28. ^"Stolen Comelec data 'ripe for identity theft'".ABS-CBN News. April 21, 2016. RetrievedApril 22, 2016.
  29. ^"Website claims: Registered voters' sensitive data easily searchable".CNN Philippines. April 22, 2016. Archived fromthe original on April 24, 2016. RetrievedApril 22, 2016.
  30. ^"NBI: Comelec site hacker did it for bragging rights".Manila Bulletin. April 22, 2016. Archived fromthe original on April 25, 2016. RetrievedApril 22, 2016.
  31. ^"Searchable website with hacked data taken down – Comelec".CNN Philippines. April 22, 2016. Archived fromthe original on April 23, 2016. RetrievedApril 22, 2016.
  32. ^"Data breach: Website uploads voter info, Comelec downplays leak".ABS-CBN News. April 21, 2016.Archived from the original on May 9, 2016. RetrievedApril 22, 2016.
  33. ^"Comelec apologizes to public as new website leaks voters data". April 21, 2016.Archived from the original on April 22, 2016. RetrievedApril 22, 2016.
  34. ^abcdVilla, Kathleen de (April 23, 2022)."Comelec commissioner threatens to jail critics".INQUIRER.net.Archived from the original on June 1, 2022. RetrievedJune 1, 2022.
  35. ^ab"Comelec's Rey Bulay threatens to have poll body critics arrested".RAPPLER. April 23, 2022.Archived from the original on June 1, 2022. RetrievedJune 1, 2022.
  36. ^abcdeNeil (April 24, 2022)."Comelec threat of arrest is illegal, lawmakers say".BusinessWorld Online.Archived from the original on June 1, 2022. RetrievedJune 1, 2022.
  37. ^Neil (April 25, 2022)."Arrest remarks just a warning, says Comelec official".BusinessWorld Online.Archived from the original on June 1, 2022. RetrievedJune 1, 2022.
  38. ^Ocampo, Satur (April 2, 2022)."Red-tagging as weapon in electoral campaign".Bulatlat. RetrievedFebruary 1, 2025.
  39. ^Umil, Anne Marxze (October 26, 2018)."Campaigning against progressives? | Makabayan bloc slams Inday Sarah's red-tagging".Bulatlat. RetrievedFebruary 1, 2025.
  40. ^"Media and elections 2022".Center for Media Freedom and Responsibility. July 22, 2022. RetrievedFebruary 1, 2025.
  41. ^Noriega, Richa (March 5, 2023)."Disinformation, red-tagging of opposition lawmakers in PH 'increased alarmingly' ahead of 2022 elections — APHR".GMA News Online. RetrievedFebruary 1, 2025.
  42. ^Lalu, Gabriel Pabico (January 25, 2021)."Red-tagging, as explained by an AFP top brass and a premier activist".Philippine Daily Inquirer. RetrievedFebruary 1, 2025.
  43. ^Garcia, Justine Xyrah (February 19, 2025)."Discrimination, red-tagging in campaigns now punishable offenses, Comelec warns | Justine Xyrah Garcia".BusinessMirror. RetrievedFebruary 22, 2025.
  44. ^Morra, Diego (February 23, 2025)."Comelec slams NTF-ELCAC".Kodao Productions. RetrievedFebruary 25, 2025.
  45. ^Locus, Sundy (March 10, 2025)."Bayan Muna urges Comelec to probe red-tagging against them".GMA News Online. RetrievedMarch 16, 2025.
  46. ^Villanueva, Gillian (May 4, 2025)."Int'l group scores 'red-tagging' as most common election violation".Philippine Daily Inquirer. RetrievedMay 18, 2025.
  47. ^Halili, Adrian (May 11, 2025)."577 cases of red-tagging logged".Business World Online. RetrievedMay 18, 2025.
  48. ^Jaymalin, Mayen (May 14, 2024)."Comelec explains acceptance of Tarlac town mayor's COC".The Philippine Star. RetrievedOctober 15, 2024.
  49. ^De Leon, Dwight (July 8, 2024)."Comelec opens probe into Alice Guo's 2022 candidacy".Rappler. RetrievedOctober 15, 2024.
  50. ^Bolledo, Jairo (August 13, 2024)."Ombudsman dismisses Mayor Alice Guo from service".Rappler. RetrievedOctober 15, 2024.
  51. ^Abarca, Charie (October 8, 2024)."Alice Guo will no longer seek reelection as Bamban mayor".Philippine Daily Inquirer. RetrievedOctober 15, 2024.
  52. ^Serquiña, Mareile Celine (October 2, 2024)."Comelec: We have no power to automatically cancel Alice Guo candidacy".GMA News. RetrievedOctober 15, 2024.
  53. ^"Comelec to post all COCs online ahead of 2025 polls".The Philippine Star. September 24, 2024. RetrievedOctober 15, 2024.

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