Article 109p. 109

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION

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.

SECTION 10. 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.

CHAPTER 3 The Field Offices

SECTION 11. Field Office of the Commission . — The

Commission shall have the following field offices:

(1) Regional Election Office, headed by the Regional

Election Director and assisted by the Assistant Regional

Director

and

such

other

subordinate

officers

or

employees as the Commission may appoint;

(2) Provincial Election Office, headed by the Provincial

Election

Supervisor

and

assisted

by

such

other

subordinate officers or employees as the Commission

may appoint;

(3) City Municipal Election Office, headed by the

City/Municipal Election Registrar who shall be assisted by

an election clerk and such other employees as the

Commission may appoint.

The

Commission

may

delegate

its

powers

and

functions or order the implementation or enforcement of

its orders, rulings or decisions through the heads of its

field offices.

SECTION 12. Qualifications of Heads of Field Offices .

— Only members of the Philippine Bar shall be eligible for

appointment to the position of regional director, assistant

regional

director,

provincial

election

supervisor

and

election registrar. However, if there are no members of

the Philippine Bar available for appointment as election

registrar, except in cities and capital towns, graduates of

duly recognized schools of law, liberal arts, education or

business administration who possess the appropriate civil

service eligibility may be appointed to said position.

SECTION

13.

Changes

in

the

Composition,

Distribution of Assignment of Field Offices . — The

Commission may make changes in the composition,

distribution and assignment of field offices, as well as its

personnel, whenever the exigencies of the service and

the interest of free, orderly, honest, peaceful and credible

election so require: Provided , That such changes shall be

effective and enforceable only for the duration of the

election period concerned and shall not affect the tenure

of office of the incumbents of positions affected and shall

not constitute a demotion, either in rank or salary, nor

result in a change of status; and Provided, further , That

there shall be no changes in the composition, distribution

or assignment within thirty (30) days before election,

except for cause and after due notice and hearing, and

that in no case shall a regional or assistant regional

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