The Commission on Elections

LAW DEPARTMENT

Under the direction of the Chairman and the Executive Director:

  1. Plan and coordinate all the activities connected with the administration and enforcement of all laws relative to the conduct of elections, referenda and other forms of consultation;

  2. Prepare pleadings and briefs in cases involving the Commission on Elections;

  3. Represent the Commission in cases before the courts and other tribunals, unless otherwise provided by pertinent laws and decrees;

  4. Provide legal and technical services to the Commission in the quasi-judicial cases;

  5. Review legal opinions and interpretation of election and referendum laws made by the Regional Election Directors;

  6. Investigate and/or direct investigations on complaints relative to the conduct of elections and submit recommendations thereon;

  7. Prosecute on its own or collaborate with government prosecutors in the prosecution of election offenses;

  8. Coordinate the activities of law enforcement agencies deputized by the Commission as well as those agencies performing functions related to the conduct of elections;

  9. Process and recommend final action on applications of political parties for registration and accreditation;

  10. Prepare rulings and opinions on legal questions involving other departments or offices of the Commission;

  11. Study and recommend pardon or parole of prisoners convicted of or violating election laws, rules and regulations;

  12. Draft proposed legislative measures to improve and update Philippine election laws and practices for submission by the Commission to Congress or to the President of the Philippines;

  13. Digest, compile and analyze election and constitutional cases decided by the courts;

  14. Conduct researches on legal queries propounded by the Commission; and

  15. Perform other related functions.


Investigation and Prosecution Division

Under the direction of the Department Director:

  1. Investigate and act upon complaints relative to the conduct of elections;

  2. Collaborate with government prosecutors in the prosecution of election offenses;

  3. Represent the Commission in cases before the courts and other tribunals;

  4. Conduct preliminary examination or investigation of election complaints and irregularities or review reports thereon;

  5. Study petitions for the pardon, parole, or suspension of sentence of prisoners convicted of election offenses and recommend appropriate action thereon; and

  6. Perform other related functions.


Legal Opinion and Research Division

Under the direction of the Department Directorr:

  1. Conduct researches on legal queries addressed to the Commission;

  2. Conduct researches on election laws and practices, including those of foreign countries to improve and update the Philippine election laws and practices;

  3. Prepare drafts of decrees or letters of instructions pertinent to elections, referendums and other forms of public consultation;

  4. Prepare pleadings and briefs in cases involving the Commission on Elections;

  5. Recommend to the Commission effective measures to minimize election expenses, frauds and malpractices, political opportunism, and other similar acts;

  6. Analyze and evaluate final reports on the conduct of elections and recommend measures to ensure free, orderly and honest holding of the same;

  7. Compile, digest and analyze election and constitutional cases decided by the Courts, the Commission or its Divisions; and

  8. Perform other related functions.



back to top POSTED: 06.04.2009 CFB