Q what is the difference between the jurisdiction of

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Unformatted text preview: r all contests involving: i. Elective municipal officials decided by trial courts of general jurisdiction ii. Elective barangay officials decided by courts of limited jurisdiction. c. Contempt powers i. COMELEC can exercise this power only in relation to its adjudicatory or quasi‐judicial functions. It cannot exercise this in connection with its purely executive or ministerial functions ii. If it is pre‐proclamation controversy, the COMELEC exercises quasi‐judicial/ administrative powers. iii. Its jurisdiction over contests (after proclamation), is in exercise of its judicial functions. 1. 2. Note: The COMELEC may issue writs of certiorari, prohibition, and mandamus in exercise of its appellate functions. 3. A: No The Constitution says that in no case shall any member be appointed or designated in a temporary or acting capacity. The designation by the President violates the independence of the COMELEC. (Sec. 1[2], Art. IX‐B, C, D). Q: What are the constitutional powers and functions of the COMELEC? A: 1. Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall. 2. Exercise: a. Exclusive original jurisdiction over all contests relating to the election, returns and qualifications of all elective: 66 Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters. Note: Questions involving the right to vote fall within the jurisdiction of ordinary courts. 4. 5. Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the government, including the AFP, for the exclusive purpose of ensuring free, orderly, honest, peaceful and credible elections. Registration of political parties, organizations, or coalitions and accreditation of citizens’ arms of the COMELEC. POLITICAL LAW TEAM: ADVISER: A...
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This document was uploaded on 03/12/2014.

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