Administrative Code of 1987/Book V/Title I/Subtitle C/Chapter 2

by Corazon Aquino

Layout 2

Chapter 2—The Commission Proper

Sec. 4. Composition and Qualification.—There shall be a Commission on Elections composed of a Chairman and six (6) Commissioners who shall be natural born citizens of the Philippines and, at the time of their appointment, at least thirty-five (35) years of age, holders of a college degree, and must not have been candidates for any elective position in the immediately preceding elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten (10) years.

Sec. 5. Appointment and Term of Office.—The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven (7) years without reappointment. Of those first appointed, three (3) Members shall hold office for seven (7) years, two (2) members for five (5) years, and the last members for three (3) years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.

Sec. 6. Disqualifications.—The Chairman and members of the Commission shall be subject to the canons of judicial ethics in the discharge of their functions.

No chairman or commissioner shall sit in any case in which he has manifested bias or prejudice or antagonism against any party thereto and in connection therewith, or in any case in which he would be disqualified under the Rules of Court. If it be claimed that the chairman or a commissioner is disqualified as above provided, the party objecting to his competency may file his objection in writing with the Commission stating the ground therefor. The official concerned shall continue to participate in the hearing or withdraw therefrom in accordance with his determination of the question of his disqualification. The decision shall forthwith be made in writing and filed with the other papers of the case in accordance with the Rules of Court. If a disqualification should result in a lack of quorum in the Commission sitting en banc, the Presiding Justice of the Court of Appeals shall designate a justice of said court to sit in said case for the purpose of hearing and reaching a decision thereon.

Sec. 7. Chairman as Executive Officer; Powers and Duties.—The Chairman, who shall be the Chief Executive Officer of the Commission, shall:

(1) Execute and administer the policies, decisions, orders and resolutions approved by the Commission;

(2) Direct and supervise the operations and internal administration of the Commission;

(3) Sign appointments of subordinate officials and employees made by the Commission and enforce decisions on administrative discipline involving them;

(4) Make temporary assignments, rotate and transfer personnel in accordance with the provisions of the civil service law;

(5) Submit an annual budget to the Commission for its approval;

(6) Delegate his authority, in whole or in part, to other officials of the Commission, in accordance with the rules and regulations of the Commission; and

(7) Perform such other duties as may be authorized by the Commission.

Sec. 8. Executive Director; Powers and Duties.—The Executive Director of the Commission shall:

(1) Advise and assist the Chairman in the formulation and implementation of the objectives, policies, plans and programs of the Commission;

(2) Serve as the principal assistant of the Chairman in the overall supervision of the administrative business of the Commission;

(3) Oversee all the operational activities of the Commission;

(4) Coordinate the programs and projects of the Commission and be responsible for its economical, efficient and effective administration;

(5) Serve as deputy to the Chairman in all matters relating to the operational activities of the Commission;

(6) Administer oaths in connection with all matters relating to the business of the Commission; and

(7) Perform such other duties as may be assigned by the Chairman.

Sec. 9. Staff and Operating Units.—The Commission shall have the following staff and operating units: Office of the Chairman, Office of the Executive Director, Office of Electoral Contests Adjudication, Regional Offices, Election and Barangay Affairs Department, Law Department, Election Records and Statistics Department, Administrative Service Department, Planning Department, Personnel Department, Finance Services Department and Education and Information Department.

Sec. . Duties and Functions of Offices and Departments of the Commission.—The different offices and departments of the Commission shall operate in accordance with their respective duties and functions assigned to them by the Commission, subject to the requirements of efficiency, economy and effectiveness, and pertinent Budget and Civil Service Law, rules and regulations.