Article 108p. 108

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

majeure , violence, terrorism, fraud or other analogous

causes the election has not been held on the date fixed,

or had been suspended before the hour fixed by law for

the closing of the voting, or after the voting and during

the preparation and the transmission of the election

returns or in the custody or canvass thereof, such election

results in a failure to elect, and in any of such cases the

failure or suspension of election would affect the result of

the election. Such call should be on the basis of a verified

petition by any interested party and after due notice and

hearing, and the new date should be reasonably close to

the date of the election not held, suspended or which

resulted in a failure to elect but not later than thirty (30)

days

after

the

cessation

of

the

cause

of

such

postponement or suspension of the election or failure to

elect.

(9) Call a special election to elect the member to serve

the unexpired portion in case a vacancy arises in the

Senate or in the House of Representatives eighteen (18)

months or more before a regular election, to be held

within sixty (60) days after the vacancy occurs;

(10) Summon the parties to a controversy pending

before

it,

issue

subpoena

duces

tecum

and

take

testimony in any investigation or hearing before it, and

delegate such power to any officer of the Commission

who shall be a member of the Philippine Bar. In case of

failure of a witness to attend, the Commission, upon proof

of service of the subpoena to said witness, may issue a

warrant to arrest the witness and bring him before the

Commission or the officer before whom his attendance is

required;

Any controversy submitted to the Commission shall,

after compliance with the requirements of due process,

be immediately heard and decided by it within sixty (60)

days from the date of its submission for decision or

resolution. No decision or resolution shall be rendered by

the Commission either en banc or by division unless

taken up in a formal session properly convened for the

purpose;

The Commission may when necessary, avail itself of

the assistance of any national or local law enforcement

agency and or instrumentality of the government to

execute under its direct and immediate supervision any

of its final decisions, orders, instructions or rulings;

(11) Punish for contempt according to the procedure,

and with the same penalties provided, in the Rules of

Court. Any violation of any final and executory decision,

order

or

ruling

of

the

Commission

shall

constitute

contempt thereof;

(12) Enforce and execute its decisions, directives, orders

and instructions which shall have precedence over those

emanating from any other authority, except the Supreme

Court and those issued in habeas corpus proceedings;

(13) Prescribe the forms to be used in the election,

plebiscite or referendum, recall or initiative;

(14) Procure any supplies, equipment, materials or

services needed for the holding of the election by public

bidding; but if it finds the requirements of public bidding

impractical to observe, then by negotiations or sealed

bids, and in both cases, the accredited parties shall be

duly notified;

(15)

Prescribe

the

use

or

adoption

of

the

latest

technological and electronic devices, taking into account

the situation prevailing in the area and funds available for

the purpose. The Commission shall notify the authorized

representatives

of

accredited

political

parties

and

candidates in areas affected by the use or adoption of

technological and electronic devices not less than thirty

days prior to the effectivity of the use of such devices;

(16) Constitute a pool of standby-teachers from which

substitutes shall be drawn in case a member/s of the

Board of Election Inspectors who, for one reason or

another, failed to report or refused to act as such on the

day of election;

(17) Carry out a continuing and systematic campaign

through newspapers of general circulation, radio and

other media forms to educate the public and fully inform

the electorate about election laws, procedures, decisions,

and other matters relative to the works and duties of the

Commission and the necessity of clean, free, orderly,

honest, peaceful and credible electoral processes;

(18) Accredit non-partisan groups or organizations of

citizens from the civic, youth, professional, education,

business

or

labor

sectors

known

for

their

probity,

impartiality

and integrity with the membership and

capability to undertake a coordinated operation and

activity to assist it in the implementation of the provisions

of Omnibus Election Code and the resolutions, orders and

instructions

of

the

Commission

for

the

purpose

of

ensuring free, orderly, honest, peaceful and credible

elections

in

any

constituency.

Such

groups

or

organizations

shall

function

under

the

direct

and

immediate control and supervision of the Commission;

(19) Conduct hearing on controversies pending before

it in the cities or provinces upon proper motion of any

party,

taking

into

consideration

the

materiality

and

number of witnesses to be presented, the situation

prevailing in the area and the fund available for the

purpose;

(20)

Have

exclusive

jurisdiction

over

all

pre-proclamation controversies. It may motu proprio or

upon written petition, and after due notice and hearing,

order the partial or total suspension of the proclamation

of any candidate-elect or annul partially or totally any

proclamation, if one has been made, as the evidence shall

warrant.

Notwithstanding

the

pendency

of

any

pre-proclamation

controversy,

the

Commission

may,

motu propio or upon filing of a verified petition and after

due notice and hearing, order the proclamation of other

winning candidates whose election will not be affected

by the outcome of the controversy.

(21)

Have

the

exclusive

power,

through

its

duly

authorized

legal

officers,

to

conduct

preliminary

investigation of all election offenses punishable under the

Omnibus Election Code and to prosecute the same. The

Commission may avail itself of the assistance of other

prosecuting arms of the government: Provided, however ,

that in the event that the Commission fails to act on any

complaint within four (4) months from its filing, the

complainant may file the complaint with the office of the

fiscal or with the Department of Justice for proper

investigation and prosecution, if warranted; and

(22) Perform such other functions as may be provided

by law.

SECTION 3. Enforcement Powers . — For the effective

enforcement of the provisions of the Omnibus Election

Code, the Commission is further vested and charged with

the following powers, duties and responsibilities:

1. To stop any illegal activity, or confiscate, tear down,

and

stop

any unlawful, libelous, misleading or false

election propaganda, after due notice and hearing; and

2. To inquire into the financial records of candidates

and any organization or group of persons, motu propio or

upon written representation for probable cause by any

candidate, organization or group of persons or qualified

voter, after due notice and hearing.

For purposes of this Section, the Commission may

avail itself of the assistance of the Commission on Audit,

the Central Bank, the National Bureau of Investigation,

the Bureau of Internal Revenue, the Armed Forces of the

Philippines,

the

Integrated

National

Police

of

the

Philippines, barangay officials and other agencies of the

government.

CHAPTER 2 The Commission Proper

SECTION 4. Composition and Qualification . — There

shall be a Commission on Elections composed of a

Chairman and six (6) Commissioners who shall be natural

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