ELECTION LAWS Electoral Tribunals

Jurisdiction of COMELEC, PET, HRET, trial courts and SC regarding election

cases/contest.

Commission on Elections (COMELEC)

 Pre-election controversies: Handles petitions for cancellation of Certificates of
Candidacy (CoCs), disqualification cases, and issues on candidate qualifications
 Election protests:
o Regional/provincial/city officials: Original jurisdiction over contests
o Municipal officials: Appellate jurisdiction over RTC decisions
 Plebiscites: Exercises administrative jurisdiction (e.g., ballot recounting) but lacks
judicial power to resolve protests challenging results absent explicit statutory authority
 Failure of elections: Authority to declare and reschedule elections

Presidential Electoral Tribunal (PET)

 Exclusive jurisdiction: Resolves contests involving President and Vice President
 Annulment powers: Can nullify election results as part of its constitutional mandate,
subject to strict standards to prevent voter disenfranchisement

House of Representatives Electoral Tribunal (HRET)

 Jurisdiction: Decides contests involving House members, including party-list
representatives after proclamation and oath-taking
 Annulment authority: May invalidate election results if fraud or irregularities are
proven
 Composition:
o The House of Representatives Electoral Tribunal (HRET) is an electoral
tribunal that decides election protests in the House of Representatives of the
Philippines. It consists of 6 representatives and 3 justices of the Supreme Court of
the Philippines, who are designated by the Chief Justice. The equivalent tribunals
for elections to the upper house is the Senate Electoral Tribunal and for president
is the Presidential Electoral Tribunal. The tribunal is located at SET-HRET
Building, Commission on Audit Compound, Quezon City.
o The chairman is always the third most senior associate justice of the Supreme
Court that's sitting on the tribunal.
o The three members from the Supreme Court are designated by the chief justice.
While there's no regular occurrence on when a chief justice designates members,
this is almost certainly done when there is a new justice of the Supreme Court.
o The six members from the House of Representatives are named in a resolution of
the House. This always happens at the organization of the chamber at the start of
every new Congress.

Senate Electoral Tribunal (SET)

 Exclusive jurisdiction: Adjudicates contests involving Senators
 Composition: Includes Supreme Court justices and senators
o The Tribunal is composed of nine (9) Members, three (3) of whom are Justices of
the Supreme Court who were designated by the Chief Justice and the remaining
six (6) are members of the Senate who were chosen on the basis of proportional
representation from the political parties.

Trial Courts
 Municipal officials: Regional Trial Courts (RTCs) handle election protests and quo
warranto petitions.
 Barangay officials: Metropolitan/Municipal Trial Courts hear cases, with COMELEC
exercising appellate review.

Supreme Court
 Certiorari review: Examines final COMELEC, PET, HRET, or SET decisions for grave
abuse of discretion under Rule 65.
 Constitutional issues: Final arbiter of election law validity and constitutional
challenges.
ELECTION LAWS Electoral Tribunals

Body Jurisdictional Scope Key Powers

Pre-election disputes, regional/city/provincial Ballot recounts, candidate
COMELEC
contests, plebiscite administration disqualification
PET Presidential/Vice-Presidential contests Annul election results
Determine validity of
HRET/SET Congressional elections
congressional seats
Initial fact-finding for local
RTCs Municipal election protests
officials
Supreme Constitutional review and grave abuse Final authority on legal
Court oversight interpretations
This structure ensures specialized bodies handle specific electoral disputes while maintaining
judicial oversight.

Composition of electoral tribunals

ELECTORAL TRIBUNALS AND THE COMMISSION ON APPOINTMENTS

IX. LEGISLATIVE DEPARTMENT

H. Electoral Tribunals and the Commission on Appointments

This topic focuses on two specific bodies within the Legislative Department of the Philippines:
the Electoral Tribunals and the Commission on Appointments (CA). These are special
constitutional bodies that ensure the integrity of elections and the proper appointment of public
officials. Each plays a unique role in the legislative process, and they have distinct powers and
procedures.

1. Electoral Tribunals

A. Constitutional Basis
The creation of the Electoral Tribunals is mandated by Article VI, Section 17 of the 1987
Philippine Constitution. These tribunals are tasked with the exclusive authority to resolve
election contests involving members of Congress, i.e., the Senate and the House of
Representatives.
There are two distinct tribunals:
 Senate Electoral Tribunal (SET) – for election contests involving the Senate.
 House of Representatives Electoral Tribunal (HRET) – for election contests
involving the House of Representatives.

B. Composition
Both tribunals follow a similar structure, consisting of:
 Nine members:
o Three Justices of the Supreme Court, designated by the Chief Justice.
o Six members from the respective chamber of Congress (Senators for the SET,
and Representatives for the HRET), chosen based on proportional representation
of the political parties or blocs in the respective chamber.
The Justices serve as neutral members, while the legislators represent their political affiliations.
The Chairman of the tribunal is always one of the Justices.

C. Jurisdiction
The Electoral Tribunals have exclusive jurisdiction over the following matters:
1. Election contests involving the qualifications, returns, and the proper proclamation of a
member of the Senate (SET) or House of Representatives (HRET).
o Election contests refer to any action or protest filed by a candidate questioning
the validity of the election of a member, usually concerning allegations of fraud,
misconduct, or other irregularities during the election process.
2. Qualifications of Members of Congress:
o The tribunals are empowered to rule on whether a sitting member meets the
qualifications for membership, as enumerated in the Constitution (e.g.,
citizenship, age, residency).
ELECTION LAWS Electoral Tribunals

D. Procedure
1. Filing of Petition: Any aggrieved party (usually an opposing candidate) may file an
election protest or petition to question the election of a member of Congress.
2. Election Protest: Involves a detailed investigation and reexamination of the contested
election, including the possible recount of votes or review of electoral procedures.
3. Finality of Decision: The decisions of the Electoral Tribunals are final and executory.
They are not subject to appeal to any other court, including the Supreme Court, except
on very limited grounds such as jurisdictional overreach.

2. Commission on Appointments (CA)

A. Constitutional Basis
The Commission on Appointments is a constitutional body created under Article VI,
Section 18 of the 1987 Philippine Constitution. Its role is to confirm or reject certain
appointments made by the President of the Philippines, ensuring a system of checks and
balances between the executive and legislative branches.

B. Composition
The CA is composed of 25 members, who include:
 The Senate President as the ex officio Chairman.
 Twelve Senators.
 Twelve Members of the House of Representatives.
The members of the Commission are elected based on proportional representation from the
political parties or coalitions represented in both houses of Congress. Members of the CA hold
office until their legislative term expires.

C. Jurisdiction and Powers

The Commission on Appointments has the authority to confirm or reject the following
presidential appointments:
1. Cabinet Members:
o All heads of executive departments (e.g., Secretary of Foreign Affairs, Secretary of
Justice, etc.) require confirmation by the CA.
2. Ambassadors, Public Ministers, and Consuls:
o The CA reviews and confirms appointments of ambassadors and other diplomatic
representatives of the country.
3. Officers of the Armed Forces from the rank of Colonel or Naval Captain and higher:
o Senior military officers require confirmation by the CA before they can assume
their positions.
4. Heads of Constitutional Commissions:
o Chairpersons and Commissioners of constitutional bodies such as
the Commission on Elections (COMELEC), Commission on Audit (COA),
and Civil Service Commission (CSC) need CA confirmation.
5. Other Officers as may be required by law:
o This includes other positions where the law expressly requires CA confirmation.

D. Procedure
1. Appointment by the President: The President submits a list of nominees to the
Commission on Appointments.
2. Committee Hearings: The CA’s respective committees hold public hearings to vet the
nominees. These hearings involve:
o A review of the qualifications and experience of the nominee.
o Questions regarding the nominee’s competence, integrity, and suitability for the
office.
3. Plenary Voting: After the committee hearing, the CA votes in plenary session on
whether to confirm or reject the appointment. A majority vote of all members present is
required to approve or reject the nomination.
4. Discretionary Powers: The Commission on Appointments has considerable discretion in
confirming or rejecting appointments. The power to confirm or reject does not require the
CA to give reasons, and its decisions are generally not subject to judicial review.

E. Limitations
ELECTION LAWS Electoral Tribunals

The CA’s powers are limited by the Constitution:

1. Midnight Appointments: Under Article VII, Section 15, the President is prohibited
from making appointments two months before the next presidential election and until the
end of their term, except temporary appointments to executive positions when continued
vacancies could prejudice public service.
2. Ad Interim Appointments: During recess of Congress, the President may make
temporary or ad interim appointments, but such appointments shall only be effective
until the Commission on Appointments disapproves them or until the next adjournment of
Congress.

Summary and Legal Implications

1. Electoral Tribunals (SET and HRET) ensure the legitimacy of the election of members
of Congress, with exclusive jurisdiction over election contests.
2. Commission on Appointments provides a check on the President’s power of
appointment, ensuring that certain key appointments are subject to the approval of
Congress.

Both of these bodies play crucial roles in upholding the constitutional principles of checks and
balances, ensuring the integrity of the electoral process, and maintaining the proper functioning
of government through careful scrutiny of appointments.
Electoral Tribunals and the Commission on Appointments: Powers under the
Legislative Department

A. Electoral Tribunals
Electoral Tribunals are bodies established by the 1987 Constitution of the Philippines to resolve
disputes involving the election, returns, and qualifications of members of Congress. Specifically,
the Senate Electoral Tribunal (SET) for Senators and the House of Representatives
Electoral Tribunal (HRET) for members of the House of Representatives. These tribunals are
vested with exclusive jurisdiction over electoral contests relating to their respective chambers.

1. Constitutional Basis
 Senate Electoral Tribunal (SET) and House of Representatives Electoral Tribunal
(HRET) are created under Article VI, Section 17 of the 1987 Constitution.
o Section 17: The Senate and the House of Representatives shall each have an
Electoral Tribunal which shall be the sole judge of all contests relating to the
election, returns, and qualifications of their respective members.
o Each tribunal is composed of nine members: three from the Supreme Court,
designated by the Chief Justice, and six from the Senate or the House of
Representatives, as the case may be, chosen based on proportional
representation from the political parties and party-list organizations.

2. Powers and Functions of the Electoral Tribunals

 Exclusive Jurisdiction: The Electoral Tribunals have the exclusive authority to hear and
decide electoral contests concerning members of the Senate and the House of
Representatives. No other entity can assume jurisdiction over these matters.
o Senate Electoral Tribunal (SET): Exercises exclusive jurisdiction over all
contests related to the election, returns, and qualifications of Senators.
o House of Representatives Electoral Tribunal (HRET): Exercises exclusive
jurisdiction over all contests related to the election, returns, and qualifications of
members of the House of Representatives.
 Judicial Function: The Tribunals function in a quasi-judicial capacity. They are
independent of the legislative functions of Congress and act as quasi-judicial
bodies that review evidence and legal arguments.
 Scope of Authority:
o The tribunals can inquire into the qualifications of candidates, such as
citizenship, age, residency, and other eligibility requirements under the
Constitution.
o They review issues concerning the election process, including fraud, vote-
buying, and errors in the counting and canvassing of votes.
o Proclamation Disputes: They can invalidate the proclamation of a winning
candidate if evidence shows irregularities.
ELECTION LAWS Electoral Tribunals

 Decisions: The decisions of the Electoral Tribunals are final and executory. These
decisions are generally not appealable, except in cases of grave abuse of discretion,
which may be subject to review by certiorari by the Supreme Court under its
expanded judicial power (Article VIII, Section 1 of the Constitution).

3. Composition and Process

 Three Justices of the Supreme Court, designated by the Chief Justice, and six members
of the Senate or the House, selected based on proportional representation.
 Impartiality: The tribunal members must act impartially, even though a majority are
from the legislative body. A balance is maintained by the presence of justices from the
Supreme Court.
 Quorum and Decision: A majority of the members of the Electoral Tribunal constitutes
a quorum for its meetings, and decisions are rendered by a majority vote of all its
members.

B. Commission on Appointments
The Commission on Appointments (CA) is a constitutional body vested with the power to
confirm certain appointments made by the President of the Philippines. It acts as a check on the
executive branch by ensuring that presidential appointments meet the requirements of
competence, integrity, and fitness for office.

1. Constitutional Basis
 Article VI, Section 18 of the 1987 Constitution provides for the creation of
the Commission on Appointments.
o Section 18: The Commission on Appointments consists of the President of the
Senate, as ex officio chairman, and twelve Senators and twelve members of
the House of Representatives, elected by each House on the basis of proportional
representation from the political parties or organizations therein. The Chairman of
the Commission shall vote only in case of a tie.

2. Powers and Functions of the Commission on Appointments

 Power of Confirmation: The primary power of the CA is to approve or disapprove
certain appointments made by the President. The positions requiring confirmation
include:
o Heads of executive departments (i.e., Cabinet members).
o Ambassadors, other public ministers, and consuls.
o Officers of the armed forces from the rank of colonel or naval captain.
o Heads of government-owned or controlled corporations (GOCCs) or their
subsidiaries, as provided by law.
 Appointments that Do Not Require Confirmation: The following appointments do
not require confirmation by the CA:
o The Vice President (when appointed to a Cabinet position).
o Judges and justices (whose appointments are under the purview of the Judicial
and Bar Council, Article VIII, Section 9).
o Career officials whose promotions are based on merit and seniority, as required
by law.
 Scope of Review: The CA reviews the qualifications and fitness of the appointees.
This involves an assessment of the appointees' qualifications, ethical standards, track
record, and integrity. Appointees must undergo confirmation hearings where they may be
asked to answer questions about their background and qualifications.
 Decision-Making Process:
o The CA votes in plenary after hearings conducted by its committees. Appointees
must receive a majority vote of all the members of the CA present in the session
for their appointment to be confirmed.
o Rejection of Appointments: The CA has the power to reject an appointment.
Once rejected, the President may no longer reappoint the same individual to the
same position unless the CA reverses its decision.
 Voting and Powers of the Chair: The Senate President serves as the ex officio
chairman of the Commission and votes only in the case of a tie.

3. Checks and Balances

ELECTION LAWS Electoral Tribunals

 The Commission on Appointments is an essential part of the checks and

balances mechanism in the Philippine government. It ensures that the executive branch
does not have unchecked power over appointments and that only qualified and
competent individuals are appointed to sensitive positions in the government.

4. Confirmation Process
 The Commission exercises its power through its committees, each of which handles
specific categories of appointments (e.g., foreign affairs, defense, etc.). Appointees
appear before these committees for public hearings, during which members of the
Commission may question them about their qualifications and fitness for the position.

5. Decisions and Appeals

 The decisions of the CA, like those of the Electoral Tribunals, are final and binding.
Once the CA confirms or rejects an appointment, the decision is effective immediately.
There is no higher authority to appeal CA decisions on confirmations.

C. Interrelationship and Key Jurisprudence

 The Supreme Court has consistently upheld the independence of both the Electoral
Tribunals and the Commission on Appointments as essential mechanisms of checks and
balances.
 The Electoral Tribunals are considered quasi-judicial bodies, and their decisions can
only be reviewed by the Supreme Court under the narrow ground of grave abuse of
discretion (e.g., Cayetano v. Monsod and Francisco v. House of Representatives
Electoral Tribunal).
 The Commission on Appointments, on the other hand, is a political body, and its
decisions, especially on the rejection of appointments, are generally considered political
questions and are not subject to judicial review.

D. Conclusion
Both the Electoral Tribunals and the Commission on Appointments play critical roles in
the Philippine constitutional system. They serve as independent entities that ensure the
proper functioning of the democratic processes related to elections and appointments in
government. These bodies safeguard against abuses of power and uphold the constitutional
principles of checks and balances.