Wikipedia

Commission on Elections (Philippines)

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The Commission on Elections (Filipino: Komisyon sa Halalan), abbreviated as COMELEC,[2] is one of the three constitutional commissions of the Philippines. Its principal role is to enforce all laws and regulations relative to the conduct of elections in the Philippines.

Commission on Elections
Komisyon sa Halalan
AbbreviationCOMELEC
PredecessorDepartment of Interior
FormationAugust 22, 1940; 84 years ago (1940-08-22)
HeadquartersPalacio del Gobernador
Location
Membership
1 chairperson, 6 commissioners
Chairperson
George Erwin M. Garcia
Budget
₱14.6 billion (2021)[1]
Websitewww.comelec.gov.ph

The other two Constitutional Commissions are the Commission on Audit and Civil Service Commission.

Functions

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According to Article IX-C, Section 2 of the 1987 Constitution of the Philippines, the Commission on Elections (COMELEC) shall exercise the following powers and functions:[3]

  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 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, Chairman Leonardo Perez, Commissioners Domingo Pabalete and Vicente Santiago (not in the photo).

Predecessor

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The Executive Bureau

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The COMELEC was created by a 1940 amendment to the 1935 Constitution of the Philippines. Prior to the creation of the COMELEC, 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 the National Assembly were judged solely by an electoral commission composed of three justices of the Supreme Court and six members of the National Assembly.

A statutory commission

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In view, however, of the close official ties between the president 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 the 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 by impeachment. 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 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 term of office from nine years to seven years. As in the 1935 Constitution, the chairman and commissioners have 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 Senator Leonardo 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 the COMELEC, was appointed ambassador by President Ferdinand 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 on political affairs by President Marcos) and Commissioners Duque and Bayot, after completing their seven-years 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, 1986 snap elections and the People Power Revolution, Chairman Savellano and all the commissioners of the COMELEC tendered their courtesy resignations which, except those of Commissioners Bacungan and Felipe, were accepted by President Corazon 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, 1991 Christian 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, President Fidel V. Ramos appointed Court of Appeals Justice Bernardo Pardo as chairman of the commission. Pardo's term was cut short when he was appointed by President Joseph Estrada as associate justice of the Supreme Court in October 1998. Commissioner Luzviminda Tancangco was appointed acting chairman of the commission.

On January 11, 1999, President Estrada appointed Sandiganbayan Justice Harriet Demetriou as chairman of the commission. After the events of January 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 President Gloria Macapagal Arroyo.

On February 19, 2001, President Arroyo appointed Justice Alfredo 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 appointed Metropolitan Manila Development Authority chairman and former Mandaluyong mayor Benjamin 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.[4] The United Opposition (Koalisyon ng Nagkakaisang Pilipino) opposed Melo's appointment.[5] 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 the COMELEC by acting chair Romeo A. Brawner. Melo's ad interim appointment (Congress was not in session) was sent by Malacañang to the Commission on Appointments.[6]

On May 29, 2008, Romeo A. Brawner died from a massive heart attack. Brawner, appointed to the COMELEC to replace the controversial Virgilio Garcillano, was supposed to end his term on February 2, 2011.[7] 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.[8][9] On November 7, 2008, President Gloria Macapagal Arroyo appointed Armando Velasco as new election commissioner, and reappointed bypassed commissioners Leonardo L. Leonida and Lucenito N. Tagle.[10] Eduardo Ermita stated "Velasco replaced COMELEC commissioner and former Iligan City Judge Moslemen Macarambon Jr. whose appointment had been bypassed several times by the Commission on Appointments (CA)."[11][12]

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 chairman Benjamin Abalos Sr. before the House of Representatives of the Philippines regarding the ZTE national broadband network (NBN) deal. It was endorsed by Representatives Teofisto Guingona III of Bukidnon and Teodoro Casiño of Bayan Muna (People First), and Zamboanga City Representative Ma. Isabelle Climaco. Affidavits of Romulo Neri and Jose de Venecia III supported the complaint.[13][14] On October 1, 2007, COMELEC chairman Benjamin Abalos Sr. faced with an impending impeachment case, resigned in a press conference. The COMELEC appointed Resurreccion 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."[15][16] An impeachment complaint against COMELEC chairman Abalos was formally filed before the House of Representatives after Neri, former chief of the National 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 be natural-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.[17] The chairman and the commissioners are appointed by the president, with the consent of the Commission 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. The COMELEC has more than 15,000 employees.

The commissioners exercise quasi-legislative and quasi-judicial functions either en 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
Position Line Picture Name Tenure started Tenure scheduled to end Appointed by
Chairman 1st   George Erwin Garcia July 22, 2022 February 2, 2029 Bongbong Marcos
Commissioner 1st — Nelson J. Celis August 11, 2022 February 2, 2029 Bongbong Marcos
Commissioner 1st — Ernesto Ferdinand P. Maceda Jr. October 6, 2022 February 2, 2029 Bongbong Marcos
Commissioner 2nd   Socorro B. Inting April 17, 2018 February 2, 2025 Rodrigo Duterte
Commissioner 2nd   Marlon S. Casquejo June 19, 2018 February 2, 2025 Rodrigo Duterte
Commissioner 3rd   Aimee Ferolino-Ampoloquio November 24, 2020 February 2, 2027 Rodrigo Duterte
Commissioner 3rd   Rey E. Bulay November 11, 2021 February 2, 2027 Rodrigo Duterte

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 the People Power Revolution.

Chairmen
Chairman[18] Term began Term ended Appointed by Electoral exercises oversaw
Pedro Concepcion September 1, 1940 May 11, 1941 Manuel L. Quezon none
Jose Vito May 13, 1941 May 7, 1947 1941 election, 1946 election, 1947 plebiscite
Vicente de Vera May 9, 1947 April 10, 1951[a] Manuel Roxas 1949 election
Domingo Imperial August 14, 1951 March 31, 1958[b] Elpidio Quirino 1953 election, 1957 election
Jose Carag May 19, 1958 June 20, 1959 Carlos P. Garcia none
Sixto Brillantes Sr. June 20, 1959 May 12, 1960 none
Gaudencio Garcia May 12, 1960 June 20, 1962 1961 election
Juan Borra August 2, 1962 June 20, 1968 Diosdado Macapagal 1965 election
Manuel Arranz October 18, 1968 June 2, 1969[b] Ferdinand Marcos 1967 plebiscite
Jaime Ferrer June 10, 1969 May 28, 1973 1969 election, 1970 constitutional convention election, January 1973 plebiscite
Leonardo Perez May 29, 1973 May 17, 1980 July 1973 referendum, 1975 referendum, 1976 referendum, 1977 referendum, 1978 election
Vicente Santiago Jr. May 17, 1980 May 17, 1985 1981 plebiscite, 1981 election and referendum, 1984 plebiscite, 1984 election
Victorino Savellano May 20, 1985 March 24, 1986 1986 election
Ramon Felipe Jr. July 11, 1986 February 3, 1988 Corazon Aquino 1987 plebiscite, 1987 election
Hilario Davide Jr. February 15, 1988 January 12, 1990[b] 1988 local elections
Christian Monsod June 6, 1991 February 15, 1995[b] 1992 election
Bernardo P. Pardo February 17, 1995 October 7, 1998[b] Fidel V. Ramos 1995 election, 1998 election
Harriet Demetriou January 11, 1999 January 21, 2001[b] Joseph Estrada none
Alfredo Benipayo February 15, 2001 June 5, 2002[b] Gloria Macapagal Arroyo 2001 election
Benjamin Abalos June 17, 2002 October 1, 2007[b] 2004 election, 2007 election
Jose Melo March 25, 2008 January 15, 2011[b] 2010 election
Sixto Brillantes January 17, 2011 February 2, 2015 Benigno Aquino III 2013 election
Andres D. Bautista April 28, 2015 October 23, 2017[b] 2016 election
Sheriff Abas May 23, 2018 February 2, 2022 Rodrigo Duterte 2019 election
Saidamen Pangarungan March 8, 2022 June 1, 2022[c] 2022 election
Commissioners
Commissioner[18] Term began Term ended Appointed by
Jose C. Abreu September 1, 1940 October 11, 1944[a] Manuel L. Quezon
Rufino Luna September 1, 1940 July 12, 1945
Francisco Enage July 12, 1945 November 9, 1949 Sergio Osmeña
Vicente de Vera July 12, 1945 April 8, 1951
Leopoldo Rovira May 22, 1947 September 10, 1954 Manuel Roxas
Rodrigo Perez Jr. December 8, 1949 June 21, 1956
Gaudencio Garcia May 18, 1955 June 20, 1962[d] Ramon Magsaysay
Sixto Brillantes Sr. December 20, 1956 June 20, 1965
Genaro Visarra May 12, 1960 November 10, 1962 Carlos P. Garcia
Cesar Miraflor November 11, 1962 June 20, 1971 Diosdado Macapagal
Gregorio Santayana June 26, 1965 May 31, 1966
Francisco Ortega December 25, 1966 March 20, 1967[a] Ferdinand Marcos
Manuel Arranz August 27, 1967 June 2, 1969[d]
Jaime N. Ferrer May 23, 1969 May 28, 1973[d]
Lino M. Patajo June 16, 1969 May 31, 1973
Jose M. Mendoza September 6, 1971 May 17, 1973
Liningding Pangandaman May 29, 1973 November 15, 1973[b]
Flores A. Bayot May 30, 1973 May 17, 1980
Venancio R. Yaneza May 30, 1973 May 17, 1980
Casimiro R. Madarang Jr. May 30, 1973 May 17, 1980
Fernando R. Veloso May 30, 1973 May 17, 1980
Venancio S. Duque June 1, 1973 May 17, 1980
Domingo C. Pabalate May 17, 1978 May 17, 1985
Vicente M. Santiago Jr. May 17, 1978 May 17, 1985
Victorino A. Savellano May 17, 1980 May 17, 1987
Jaime C. Opinion May 17, 1980 May 17, 1987
Noli M. Sagadraca May 17, 1980 May 17, 1985
Romeo N. Firme May 17, 1980 May 17, 1983
Ide C. Tillah May 17, 1980 May 17, 1983
Luis L. Lardizabal May 17, 1980 May 17, 1983
Froilan M. Bacungan March 21, 1984 May 17, 1990
Ramon H. Felipe Jr. March 21, 1984 May 17, 1990
Mario D. Ortiz July 30, 1985 July 23, 1986[b]
Mangontawar B. Guro July 30, 1985 April 11, 1986[b]
Quirino A. Marquinez August 1, 1985 July 23, 1986
Ruben Agpalo January 2, 1986 July 23, 1986
Jaime J. Layosa January 29, 1986 July 23, 1986
Leopoldo L. Africa June 14, 1986 February 15, 1991[b] Corazon Aquino
Haydee Yorac[e] July 15, 1986 February 11, 1993[b]
Dario C. Rama July 16, 1986 February 15, 1993[b]
Anacleto D. Badoy Jr. July 16, 1986 February 3, 1988
Andres R. Flores July 17, 1986 February 15, 1991
Tomas V. dela Cruz December 11, 1986 September 3, 1987
Alfredo E. Abueg Jr. December 16, 1987 January 20, 1992
Magdara B. Dimaampao February 15, 1988 February 15, 1995
Froilan M. Bacungan February 15, 1988 January 12, 1990
Regalado Maambong June 6, 1991 February 15, 1998
Vicente B. de Lima February 7, 1992 November 4, 1994
Remedios S. Fernando February 14, 1992 February 14, 1998
Graduacion R. Claravall April 12, 1993 June 14, 1996 Fidel V. Ramos
Manolo B. Gorospe April 14, 1993 February 14, 2000
Julio F. Desamito January 3, 1995 February 15, 2001
Teresita D. Flores February 17, 1995 February 15, 2001
Japal M. Guiani March 29, 1996 February 15, 2001
Amado M. Calderon February 16, 1998 June 30, 1998[b]
Evalyn I. Fetalino February 16, 1998 June 30, 1998[b]
Luzviminda Tancangco[e] August 5, 1998 February 2, 2004[b] Joseph Estrada
Abdul Gani Marohombsar September 7, 1998 June 3, 1999[b]
Ralph C. Lantion January 6, 2000 February 2, 2004
Rufino S. Javier April 4, 2000 February 2, 2006
Mehol K. Sadain July 17, 2000 February 2, 2006
Resurreccion Borra[e] February 15, 2001 February 2, 2008 Gloria Macapagal Arroyo
Florentino A. Tuason Jr. February 20, 2001 February 2, 2008
Virgilio Garcillano February 12, 2004 June 10, 2005[b]
Manuel A. Barcellona Jr. February 12, 2004 June 10, 2005[b]
Romeo A. Brawner Sr.[e] September 18, 2005 May 29, 2008[a]
Rene V. Sarmiento April 7, 2006 February 2, 2013
Nicodemo T. Ferrer June 15, 2006 February 2, 2011
Moslemen T. Macarambon November 5, 2007 October 10, 2008[b]
Leonardo L. Leonida July 2, 2008 February 11, 2011[b]
Lucenito N. Tagle July 3, 2008 February 2, 2011
Armando C. Velasco July 3, 2008 February 2, 2013
Elias R. Yusoph July 24, 2009 February 2, 2015
Gregorio Y. Larrazabal October 15, 2009 February 2, 2011
Christian Robert S. Lim April 7, 2011 February 2, 2018 Benigno Aquino III
Augusto C. Lagman June 3, 2011 April 16, 2012[b]
Grace Padaca October 8, 2012 June 11, 2014[b]
Luie Tito F. Guia April 15, 2013 February 2, 2020
Al Parreño April 15, 2013 February 2, 2020
Arthur D. Lim July 25, 2014 February 2, 2018
Sheriff M. Abas April 28, 2015 May 23, 2018[d]
Rowena Guanzon April 28, 2015 February 2, 2022
Antonio Kho Jr. July 11, 2018 February 2, 2022 Rodrigo Duterte
George Garcia March 8, 2022 June 1, 2022[c]
Aimee Torrefranca-Neri March 8, 2022 June 1, 2022[c]
  1. ^ a b c d Died in office
  2. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z Resigned mid-term, or was rejected by the Commission on Appointments
  3. ^ a b c Resigned mid-term, bypassed or was rejected by the Commission on Appointments
  4. ^ a b c d Subsequently appointed as chairman
  5. ^ a b c d Concurrently 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 firm ZTE 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 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 Speaker Jose 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 be COMELEC Commissioner Virgilio Garcillano.

Mega Pacific

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Abalos was the COMELEC 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 of COMELEC's own bidding rules and procedure."

On January 21, 2004, Senator Aquilino Pimentel Jr. filed criminal and administrative charges before the Ombudsman 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 in Wack 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 against COMELEC Commissioner Resureccion Borra.

Website hacking

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Main article: Commission on Elections data breach

Just six weeks before the 2016 Philippine general election, the COMELEC website was hacked by a group called "Anonymous Philippines" on the night of March 27, 2016.[19] Anonymous Philippines asked the poll body to implement security on Precinct Count Optical Scanners (PCOS)—automated voting machines.[20] Another group calling itself LulzSec Pilipinas, claimed to have hacked COMELEC's website, and posted its database on their Facebook account shortly after Anonymous Philippines compromised COMELEC's website.[21][22] These exploits exposed voter data and the vulnerability of both voter registration data and the functionality of their website.[21] LulzSec posts 3 mirror links on their Facebook account that can be downloaded.[21] The incident was considered the biggest private leak data in the Philippine history and leaving millions of registered voters at risk.[23][24]

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 called wehaveyourdata, allegedly created by hacker LulzSec Philippines.[25][26] 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.[27] The website was taken down by the NBI on April 22.[28] COMELEC spokesperson James Jimenez warned the public not to use the website, warning this could be a phishing site.[29] On April 21, COMELEC apologized for the privacy attacks by the hackers.[30]

2022 National Elections

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Threat of jailing critics

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On April 23, 2022, a few weeks before the 2022 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.[31]

“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,”[32]

“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.[31]

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 and Vice-president Leni 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.[31] 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 agency Rappler 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.[32]

Several lawmakers and concerned groups slammed the statement by the Comelec.[33][31] Detained Senator Leila de Lima called the threat by Commissioner Bulay "uncalled for and illegal".[33] She noted that the Armed Force of the Philippines are only allowed to arrest individuals during times of lawless violence while under orders from the Commander-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”.[33] In a separate statement, House Assistant Minority Leader and party-list Rep. France L. Castro called on COMELEC to withdraw its statement, calling the commission hypersensitive to criticisms thrown at it by the populace.[33] The representative stated that citizens are well within their rights to call for "orderly, peaceful and credible elections”.[33]

Following the backlash, Commissioner Bulay commented that his statement was only a warning, and that he was only reminding people to follow the law.[34]

Election of Alice Guo

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The role of the Comelec was put into scrutiny in 2024 when Alice Guo was elected as mayor of Bamban, 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 or motu proprio question the eligibility of candidates. Someone else has to file a formal petition.[35] Comelec opened its own investigation in July 2024.[36] Guo was removed from office by the Ombudsman over her links to illicit activities of Philippine Offshore Gaming Operators (POGOs).[37]

The same still applies for the 2025 election, even if Guo did sought reelection.[38][39] The controversy also led to the Comelec to decide to publish online all the certificate of candidacies of aspirants for the 2025 election.[40]

See also

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References

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  1. ^ https://www.dbm.gov.ph/wp-content/uploads/GAA/GAA2021/TechGAA2021/COMELEC/COMELEC.pdf Archived October 17, 2021, at the Wayback Machine [bare URL PDF]
  2. ^ home page of the COMELEC website Archived November 19, 2020, at the Wayback Machine accessed January 28, 2016, consistently uses the all upper case abbreviation of "COMELEC" rather than "Comelec"
  3. ^ Article IX-C, Section 2, 1987 Constitution of the Philippines
  4. ^ Marichu Villanueva Melo named new COMELEC chairman Archived April 28, 2012, at the Wayback Machine. asianjournalusa.com (January 26, 2008)
  5. ^ Opposition questions Melo's appointment as poll chief Archived March 18, 2012, at the Wayback Machine. gmanetwork.com. Video (January 26, 2008)
  6. ^ Melo sworn in as COMELEC chairman Archived April 13, 2008, at the Wayback Machine. Newsinfo.inquirer.net (March 25, 2008). Retrieved on December 16, 2011.
  7. ^ Brawner's death leaves 3 vacancies in Comelec-spokesman – INQUIRER.net, Philippine News for Filipinos Archived June 1, 2008, at the Wayback Machine. Newsinfo.inquirer.net. (May 29, 2008) Retrieved on December 16, 2011.
  8. ^ 2 Comelec commissioners named Archived October 4, 2008, at the Wayback Machine. Newsinfo.inquirer.net (June 9, 2010). Retrieved on December 16, 2011.
  9. ^ gmanews.tv/story, Arroyo names 2 new Comelec commissioners – report. Gmanews.tv (July 2, 2008). Retrieved on December 16, 2011.
  10. ^ New election commissioner named Archived November 10, 2008, at the Wayback Machine. Newsinfo.inquirer.net. (November 7, 2008) Retrieved on December 16, 2011.
  11. ^ New Comelec commissioner named; Macarambon out?. Beta.philstar.com (November 8, 2008). Retrieved on December 16, 2011.
  12. ^ New poll commissioner vows changes Archived November 12, 2008, at the Wayback Machine. Newsinfo.inquirer.net. (November 9, 2008) Retrieved on December 16, 2011.
  13. ^ Impeachment raps filed vs Abalos at House by Iloilo vice gov Archived October 14, 2007, at the Wayback Machine. Inquirer.net. Retrieved on December 16, 2011.
  14. ^ Impeachment raps filed vs Abalos over ZTE controversy Archived May 22, 2011, at the Wayback Machine. Gmanews.tv (September 27, 2007). Retrieved on December 16, 2011.
  15. ^ WSJ, Philippine Voting Chief Quits Amid Bribe Queries [dead link]
  16. ^ Gomez, Jim (October 2, 2007). "Philippine Elections Chief Resigns Amid Bribery Allegations". Associated Press. Archived from the original on March 6, 2022. Retrieved March 6, 2022 – via Arab News.
  17. ^ Article IX-C, Section 1, 1987 Constitution of the Philippines
  18. ^ a b "Past Members of COMELEC". Retrieved October 28, 2020.
  19. ^ "Comelec website hacked a month before polls". Rappler. March 27, 2016. Archived from the original on March 31, 2016. Retrieved March 29, 2016.
  20. ^ "LOOK: Comelec website hacked". Philippine Daily Inquirer. March 28, 2016. Archived from the original on April 10, 2016. Retrieved March 29, 2016.
  21. ^ a b c "Comelec data leaked by hackers". Rappler. March 28, 2016. Retrieved March 29, 2016.
  22. ^ "Anonymous PH hacks Comelec website". CNN Philippines. March 29, 2016. Archived from the original on April 6, 2016. Retrieved March 29, 2016.
  23. ^ "Experts fear identity theft, scams due to Comelec leak". April 1, 2016. Archived from the original on April 19, 2016. Retrieved April 21, 2016.
  24. ^ "'COMELEAKS' Lawmakers: Voter database breach compromises May 9 elections; PNP joins probe". Interaksyon. April 22, 2016. Archived from the original on April 23, 2016. Retrieved April 22, 2016.
  25. ^ "Stolen Comelec data 'ripe for identity theft'". ABS-CBN News. April 21, 2016. Retrieved April 22, 2016.
  26. ^ "Website claims: Registered voters' sensitive data easily searchable". CNN Philippines. April 22, 2016. Archived from the original on April 24, 2016. Retrieved April 22, 2016.
  27. ^ "NBI: Comelec site hacker did it for bragging rights". Manila Bulletin. April 22, 2016. Archived from the original on April 25, 2016. Retrieved April 22, 2016.
  28. ^ "Searchable website with hacked data taken down – Comelec". CNN Philippines. April 22, 2016. Archived from the original on April 23, 2016. Retrieved April 22, 2016.
  29. ^ "Data breach: Website uploads voter info, Comelec downplays leak". ABS-CBN News. April 21, 2016. Archived from the original on May 9, 2016. Retrieved April 22, 2016.
  30. ^ "Comelec apologizes to public as new website leaks voters data". April 21, 2016. Archived from the original on April 22, 2016. Retrieved April 22, 2016.
  31. ^ a b c d Villa, Kathleen de (April 23, 2022). "Comelec commissioner threatens to jail critics". INQUIRER.net. Archived from the original on June 1, 2022. Retrieved June 1, 2022.
  32. ^ a b "Comelec's Rey Bulay threatens to have poll body critics arrested". RAPPLER. April 23, 2022. Archived from the original on June 1, 2022. Retrieved June 1, 2022.
  33. ^ a b c d e Neil (April 24, 2022). "Comelec threat of arrest is illegal, lawmakers say". BusinessWorld Online. Archived from the original on June 1, 2022. Retrieved June 1, 2022.
  34. ^ Neil (April 25, 2022). "Arrest remarks just a warning, says Comelec official". BusinessWorld Online. Archived from the original on June 1, 2022. Retrieved June 1, 2022.
  35. ^ Jaymalin, Mayen (May 14, 2024). "Comelec explains acceptance of Tarlac town mayor's COC". The Philippine Star. Retrieved October 15, 2024.
  36. ^ De Leon, Dwight (July 8, 2024). "Comelec opens probe into Alice Guo's 2022 candidacy". Rappler. Retrieved October 15, 2024.
  37. ^ Bolledo, Jairo (August 13, 2024). "Ombudsman dismisses Mayor Alice Guo from service". Rappler. Retrieved October 15, 2024.
  38. ^ Abarca, Charie (October 8, 2024). "Alice Guo will no longer seek reelection as Bamban mayor". Philippine Daily Inquirer. Retrieved October 15, 2024.
  39. ^ Serquiña, Mareile Celine (October 2, 2024). "Comelec: We have no power to automatically cancel Alice Guo candidacy". GMA News. Retrieved October 15, 2024.
  40. ^ "Comelec to post all COCs online ahead of 2025 polls". The Philippine Star. September 24, 2024. Retrieved October 15, 2024.
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