Chapter 4: Case Studies Related to Training of Arbiters
in Election Complaints
Consolidation of election results for national positions passes through a
multi-stage canvassing process. Polling station or precinct results are first
consolidated at the municipal and city vote canvass. The municipal and city
results are in turn consolidated at the provincial level. The national canvass,
finally, is the result of the consolidation of provincial tallies.17 This multistage canvassing is mandatory even under the automated election system.
Election winners must obtain a plurality; a majority vote is not necessary.
Thus, a single vote can theoretically result in an election victory in any of the
elective positions.
B. The Philippine Commission on Elections (COMELEC)
COMELEC serves as the election management body (EMB) in the Philippines. A creation of the Philippine Constitution, COMELEC is vested with
the power to enforce and administer all laws and regulations relative to the
conduct of elections and other allied electoral exercises.18 It has the mandate to decide all questions affecting elections, including registration of political parties, but not questions involving the right to vote.19 It has the authority to choose an appropriate automated election system in every election.20
Aside from its administrative power to run elections, COMELEC is also endowed with judicial power to hear and decide all contests relating to the
elections, returns, and qualifications of all elective regional, provincial, and
city officials, and to take appellate jurisdiction over all contests involving
elective municipal and village officials.21
COMELEC is composed of a chairman and six commissioners who are
appointed by the President for a term of seven years without reappointment.22 When adjudicating election complaints, it may sit en banc, or in
two divisions of three members each.23 The Constitution allows at most
Results from cities consIdered as highly urbanized are transmitted directly to the national
canvassers and do not pass through any provincial canvass.
18
Const., Art. IX-C, sec. 2(1) (Phil.).
19
Const., Art. IX-C, sec. 2(3) (Phil.).
20
An Act Amending the Election Modernization Act, Rep. Act 9369 (2007) (Phil.).
21
Const., Art. IX-C, sec. 2(2) (Phil.).
22
Const., Art. IX-C sec. 1 (Phil.).
23
Const., Art. IX-C, sec. 3 (Phil.).
17
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