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    SALIH UTUTALUM V Comelec

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    jagabriel616
    This document discusses a case regarding the Commission on Elections' authority to postpone elections. It finds that while the Commission has executive and administrative functions, the power to change election dates is legislative in nature and is vested in Congress or those they delegate such authority to. Specifically, the document notes that under the Revised Election Code, only the President has the power to postpone elections, upon the Commission's recommendation, and that power must be exercised before or on election day - not 11 days after as occurred in this case.

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    SALIH UTUTALUM V Comelec

    Uploaded by

    jagabriel616
    57 views1 page
    This document discusses a case regarding the Commission on Elections' authority to postpone elections. It finds that while the Commission has executive and administrative functions, the power to change election dates is legislative in nature and is vested in Congress or those they delegate such authority to. Specifically, the document notes that under the Revised Election Code, only the President has the power to postpone elections, upon the Commission's recommendation, and that power must be exercised before or on election day - not 11 days after as occurred in this case.

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    SALIH UTUTALUM v comelec

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    This document discusses a case regarding the Commission on Elections' authority to postpone elections. It finds that while the Commission has executive and administrative functions, the power to change election dates is legislative in nature and is vested in Congress or those they delegate such authority to. Specifically, the document notes that under the Revised Election Code, only the President has the power to postpone elections, upon the Commission's recommendation, and that power must be exercised before or on election day - not 11 days after as occurred in this case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    57 views1 page

    SALIH UTUTALUM V Comelec

    Uploaded by

    jagabriel616
    This document discusses a case regarding the Commission on Elections' authority to postpone elections. It finds that while the Commission has executive and administrative functions, the power to change election dates is legislative in nature and is vested in Congress or those they delegate such authority to. Specifically, the document notes that under the Revised Election Code, only the President has the power to postpone elections, upon the Commission's recommendation, and that power must be exercised before or on election day - not 11 days after as occurred in this case.

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    SALIH UTUTALUM, 

    Petitioner, v. COMMISSION ON ELECTIONS and INDANAN


    ANNI, Respondents.

    A. Salazar for Petitioner.

    Jose W. Diokno for respondent Indanan Anni.

    Barrias & Perez for respondent Commission on Elections.

    Ramon A. Gonzales as amicus curiae.

    SYLLABUS

    1. ELECTION LAWS; COMMISSION ON ELECTIONS; NATURE OF FUNCTIONS; POWER


    TO POSTPONE ELECTIONS. — The functions of the Commission on Elections under the
    Constitution are essentially executive and administrative in nature. Upon the other
    hand, the authority to order the holding of elections on any date other than that fixed in
    the Revised Election Code is merely incidental to or an extension or modality of the
    power to fix the date of elections. This is, in turn, neither executive nor administrative,
    but legislative in character, not only by nature, but, also, insofar as national elections
    are concerned, by specific provisions of the Constitution, for, pursuant thereto, the
    elections for Senators and Members of the House of Representatives and those for
    President and Vice-President, shall be held on the dates "fixed by law" (Article VI, Sec.
    8(1) and Article VII, Sec. 4, Constitution), meaning an Act of Congress. Hence, no
    elections may be held on any other date, except when so provided by another Act of
    Congress or upon orders of a body or officer to whom Congress may have delegated,
    either its aforementioned power, or the authority to ascertain or fill in the details in the
    execution of said power. There is, however, no such statutory grant of authority to the
    Commission on Elections.

    2. ID.; ID.; ID.; ID.; POWER TO POSTPONE ELECTIONS, WHERE VESTED. — Under
    Section 8 of the Revised Election Code, the power to postpone an election is vested
    exclusively in the President, although "upon recommendation" of the Commission.
    Besides, the language of Section 8 indicates that the power therein granted must be
    exercised before the election or not later than the date thereof. The provision therein to
    the effect that "when for any serious cause the holding of an election should become
    impossible" suggests that the non-holding of an election on the date fixed by law is
    beyond the realm of possibility, and, consequently, not as yet an accomplished fact or a
    past event. Again, the verb "postpone" implies that the authority conferred in said
    section must be exercised before the date fixed by law for the election, or, at least, on
    that same date, not eleven (11) days later, as in the case at bar.

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