50995056 Election Laws Reviewer

7/31/2019 50995056 Election Laws Reviewer

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Election Laws Reviewer

Definition:

Suffrage the right and obligation of qualified citizens to vote in the election

of certain national and local of the government and in the decisions ofpublic questions submitted to the people. It includes within its scope:election, plebiscite, initiative, referendum and recall.

Election the means by which the people choose their officials for adefinite and fixed period and to whom they entrust for the time being astheir representatives the exercise of the powers of the government, Itinvolves the choice of selection of candidates to public office by popularvote.

Plebiscite a vote of the people expressing their choice for against aproposed law or enactment submitted to them. An election at which anyproposed amendment to or revision of the Constitution is submitted to thepeople for their ratification. A constitutional requirement o secure theapproval of the people directly affected, before certain proposed changesaffecting local governments units may be implemented.

Initiative it is the process by which the registered voters directly propose,

amend laws, national or local, though an election called for the propose.Amendments to the Constitution may likewise be directly proposed by thepeople though initiative.

Referendum- it is at he submission of a law pass by the national or locallegislative body to the registered voters of an election called for thepurpose for their ratification or rejection.

Recall- it is a method by which a public officer may be removed from officeduring his tenure or before the expiration of his term by a vote of thepeople after registration of a petition singed by a required percentage ofthe qualified voters.

Since the right of suffrage is a political and not a natural right, it is withinthe power of the state prescribe the manner in which such right shall beexercised. Congress is mandated by the Constitution (Sec.2, Art. V):


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To provide a system for securing the secrecy and sanctity of the ballot, andfor absentee voting by qualified Filipinos abroad, and

To design a procedure for the disabled and the illiterate to vote without the

assistance of other persons.

THE COMMISSION ON ELECTIONS

Composition, Qualifications, Appointment,Term of Office

The COMELEC is composed of a chairman and six (6) Commission, The

Chairman and the Members of the Commission shall be:

natural -born citizens of the Philippines

at least thirty-five years of age

holders of a college degree

must not have been candidates for any elective position in the

immediately preceding election

majority thereof, including the Chairman shall be members of thePhilippines Bar who have been engaged in the practice of law for at least10 years (reason: COMELEC exercises quasi-judicial powers)

The Chairman and Members are appointed by the president with theconsent of the commission on Appointment for the term seven (7) yearswithout reappointment on a staggered basis to make the COMELEC acontinuing and self-perpetuating body. Consequently, its members wouldhave the benefit of the experience and expertise of the order members ofthe performance of its functions, and makes for greater responsibility for itspolicies and decisions and serve as guarantee against arbitrary actionwhich is likely to occur in a body handling partisans questions.

A member appointment and designations in temporary or acting capacity


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are not allowed to preserve its independence.

Disabilities, inhibitions\disqualifications

1. Shall not, during tenure, hold any other office or employment

2. Shall not engage in the practice of profession

3. Shall not engage in active management or control of any business whichin any ay may be affected by the functions of his office

4. Shall not be financially interested, directly or indirectly, in any contractwith, or in any franchise or privilege granted by the Government, any of its

subdivisions, agencies or instrumentalities, including GOCC s or theirsubsidiaries.

Safeguards to insure the independence of the COMELEC

It is constitutionally created; may not be abolished by statute

It is expressly described as independent

It is conferred with certain powers and functions which cannot be reducedby statute.

The chairman and members cannot be removed except by impeachment.

The chairman and members are given fairly long term of office of sevenyears.

The chairman and members may not be reappointed or appointed in anacting capacity.

The salaries of the chairman and members are relatively high and may notbe decreased during continuance in office.

The COMELEC enjoy fiscal autonomy.


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The COMELEC may promulgate its own procedural rules, provided they donot diminish, increase or modify substantive rights (though subject todisapproval by the Supreme Court)

The Chairman and Members are subject to certain disqualificationscalculated to strengthen their integrity.

The COMELEC may appoint their own officials and employees inaccordance with Civil Service Laws.

En Banc & Division Cases

SEC 3, ART IX-C The COMELEC may sit en banc or in two divisions, and

shall promulgate its rules of procedure in order to expedite disposition ofelection cases, including pre-proclamation controversies. All such electioncases shall be heard and decided in division, provided that motions forreconsideration of decision shall be decided by COMELEC en banc

The Supreme Court set aside the resolutions/decisions of the COMELECbecause dthe COMELEC en banc tokk original cognizance of the caseswithout referring them first to the appropriate Division (Sarmiento vs.COMELEC 212 SCRA 307; Zarate vs COMELEC, 318 SCRA 608)

Interlocutory orders issued by a division of the COMELEC cannot beelevated to the COMELEC en banc. (Kho vs. COMELEC, 279 SCRA 463)

The following cases must be decided in Division before they may be hearden bnc on motion for reconsideration:

Petition to cancel a certificate of candidacy. (Garvida vs. Sales, 271SCRA 764)

Cases appealed from the RTC or MTC (Zarate vs. COMELEC,318 SCRA608)

Petition for certiorari involving incidental issues of election protest.(Sollervs. COMELEC,339 SCRA 685)


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The COMELEC en banc, however, may directly assume jurisdiction overpetitions for correction of manifest errors in the tabulation or tallying ofresults (Ststement of votes) by the Board of Canvassers, notwithstandingthat the same is a pre-proclamation comtroversy. Section 5, Rule 27 of the

1993 Rules of the COMELEC expressly provides that pre-proclamationcontroversies involving correction of manifest errors in the tabulation ofresults may be filed directly with the COMELELEC cen banc. (Torres vs.COMELEC,270 SCRA 583; Ramirez vs. COMELEC,270 SCRA 590)

The COMELEC en banc determines the existence of probable cause.(Faelnar vs. COMELEC,331 SCRA 429)

DECISIONS

ART IX-A, Section 7 Each commission(COMELEC) shall decide by amajority vote of all its Members any case or matter brought before it withinsixty days from date of its submission for decision or resolution. A case ormatter is deemed submitted for decision or resolution upon the filing of thelast pleading, brief, or memorandum required by the rules of theCommission or by the Commission itself. Unless otherwise provided by the

Commission or by law; any decision, order, or ruling of each Commissionmay be brought to the Supreme Court on certiorari by the aggrieved partywithin 30 days from receipt of a copy thereof.

The COMELEC shall decide by a majority vote of all its members in anycase or matter brought before it within 60 days from date of its submissionfor decision or resolution. Two members shall constitute a quorum for thetransaction of the official business of the Division. A case being heard by itshaa be decided with the unanimous concurrence ofc all threeCommissioners and its decision shall be considered a decision of thecommission. If this required number is not obtained, as when there is adissenting opinion, the case may be appealed to the Commission en banc,in which case the vote of the majority shall be the decision of theCommisssion.

The court holds that 2-1 decision rendered by the First Division was a valid


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decision under ART IX-A ,Section 7 of the Constitution. Furthermore, thethree members who voted to affirm the First Division constituted a majorityof the five members who deliberated and voted thereon en banc and theirdecision is also valid under the aforecited constitutional provisions. (Cuavs. COMELEC, 156 SCRA 587)

One who is no longer a member of the COMELEC at the time the finaldecision or resolution is promulgated cannot validly take part in thatresolution or decision,much more could he be the ponente of the resolutionor decision.(Ambil vs. COMELEC, 344 SCRA 358)

RULES OF PROCEDURE

The COMELEC en banc may promulgate its own rules concerning

pleadinga and practice before it or before any of its offices. Such rules,however, shall not diminish,increase or modify substantive rights. TheRules of Court applies suppletorily to proceedings before the COMELEC.(Paangarungan vs. COOMELEC,216 SCRA 522)

CONSTITUTIONAL POWERS AND FUNCTIONS

Enforce and administer laws relative to conduct of elections

The regular courts have no jurisdiction to entertain a petition to enjoin theconstruction of public works projects within 45 days before an election.(Gallardo vs. Tabamo,218 SCRA 253)

Decide election contests involving regional, provincial and city officials

ELECTION CONTEST refers to the adversary proceedings before whichmatters involving the title or claim to an elective office made before or afterproclamation of the winner,is settled whether or not the contestant isclaiming the office in dispute. It is neither a civilk action nor crimianalproceeding;it is a summary proceeding of a political character. Its purposeis to ascertain the candidate lawfully elected to office.(Javier vs.COMELEC,144 SCRA 194)

The COMELEC has exclusive appellate jurisdiction over,inter alia, contestinvolving elective barangay officials decided by trial courts of limited


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jurisdiction.(Beso vs. abolla,327 SCRA 100)

The provision of RA 6679 granting appellate jurisdiction to the RTC overdecisions of MTCs in electoral cases involving elective barangay officials isunconstitutional. (Flores vs. COMELEC,184 SCRA 484)

The COMELEC is the proper appellate court clothed with jurisdiction tohear the appeal, which must first be filed wiyhin 5 days after thepromulgation of the MTCs decision(Antonio vs. COMELEC,315 SCRA 62)

The election of SK are goverened by the Omnibus Election Code. Anycontest relating to the election of the SK (including the chairman whetherpertaining to their eligibility or the manner of their election is cognizable byMTCs,MTCCs, and MeTCs. It is the proclamation which marks off the

jurisdiction of the courts from the jurisdiction of election officials. (Marquezvs. COMELEC, 313 SCRA 103)

The COMELEC has appellate jurisdiction over election protest casesinvolving elective municipal officials decided by courts of general

jurisdiction. (Carlos vs. Angeles,346 SCRA 671)

Decide all questions affecting elections

The COMELEC has no jurisdiction over questions involving the right tovote which includes qualifications and disqualifications of voters, the rightof a person to be registered as voter, the right to cast his vote, and otherallied questions. Such questions shall be decided by the courts.( Naciionalista Party vs. COMELEC, 84 Phil 49)

Election contests involving elections of SK officials do not fall within section252 of the OEC and paragraph 2,section ART.IX-C of the Constitution andno law in effect prioir tom the ratification of the constitution has made theSK Chairman an elective barangay official. SK elections are under thedirect control and supervision of the DILG. (Ahman vs. Mirasol,276 SCRA501) Decisions/determinations made by the COMELEC in the exercise ofthis power, being merely administrative(not quasi judicial) in character, maybe questioned in an ordinary civil action before the trial courts.(FilipinasEngineering vs. Ferrer,135 SCRA 25)


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Deputize law enforcement agencies with the concurrence of thePresident

Register political parties and accredit its citizens arms

File petitions, investigate and prosecute

Recommend measures to improve election laws

Recommend the imposition of disciplinary action upon an employee it hasdeputized for violation of its order.

Since the COMELEC can recommend that disciplinary action be takenagainst an officer it had deputized, idt can investigate an administrative

charge against such an officer to determine whether or not it shouldrecommend that disciplinary action can be taken against him (Tan vs.COMELEC,237 SCRA 353)

Regulation of public entities and media-

Section 4, IX-C The Commission may, during the election period,supervise or regulate the enjoyment or utilization of all franchises orpermits for the operation of transportation and other public utilities, media

of communication or information, all grants special privileges, orconcessions granted by the Government or any subdivision, agency orinstrumentality thereof, including any government-owned or controlledcorporation or its subsidiary. Such supervision or regulation shall aim toensure equal opportunity, time, and space and the right to reply, includingreasonable equal rates therefor, for public information campaigns andforums among candidates in connection with the objective of holding free,orderly, honest, peaceful, and credible elections.

The authority given to the COMELEC is to be exercised ofr the purpose ofensuring free, orderly, honest, peaceful and credible elections and onlyduring the election period. Note that GOCCs are among those that may besupervised and regulated by the COMELEC.

The SC upheld the validity of Section 11(b), RA 6646, prohibiting the saleodr donation of print space or airtime for political advertisements, and the


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authority of the COMELEC to procure print space (upon payment of justcompensation) and free airtime for allocation to candidates.(Telecommunication and Broadcast Attorneys of the Philippines vs.COMELEC,289 SCRA 33)

An exit poll is a species of electoral survey conducted by qualifiedindividuals or groups of individuals for the purpose of determining theprobable result of an election by confidentially asking randomly selectedvoters whom they have voted for, immediately after they have officially casttheir ballot.(ABS-CBN Broadcasting corporation vs. COMELEC,323 SCRA811)

An absolute prohibition would be unreasonably restrictive,because iteffectively prevents the use of exit poll data not only for election-day

projections,but also for long term research. The COMELEC concern withthe possible non communicative effect of exit polls-disorder and confusionin the voting centers- does not justify a total ban on them. The holding ofexit polls and the dissemination of their results through mass mediaconstitute an essential part of freedom of speech and of the press. Thereason behind the principle of ballot secrecy is to avoid vote buyingthrough voter identification (ABS-CBN Broadcasting Corporation vs.COMELEC)

The SC held that SEC 5.4 of the Fair Election Act prohibiting publication ofsurvey results 15 days immediately preceding a national election and 7days before a local election violates the constitutional rights ofspeech,expression,and the press because:a. It imposes prior restraint on the freedom of expression;b. It is a direct and total suppression of the category of expression eventhough such suppression is only for a limited period; andc. The governmental interest sought to be promoted can be achieved bymeans other than the suppression of freedom of expression. (SocialWeather Station vs. Comelec, GR No. 147571, May 5,2001)

Make minor adjustments of the apportionment of legislative districts.

This refers mainly to the power to correct an error because of the omissionof a municipality or an error in the name of a municipality and does notinclude the power to make a reappointment of legislative districts. (Montejo


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vs. COMELEC,242 SCRA 415)

Adjust the apportionment in a case of creation of new provinces or cities.

The COMELEC is merely authorized to adjust the number of congressmen

apportioned to an old province if a new province is created out of it anddoes not authorize the COMELEC to transfer municipalities from onelegislative district to another. (Montejo,supra)

Pardon violators of election laws.

Promulgate rules of procedure concerning pleadings and practice beforeit or any of its offices. Submit report on how a previous elections was conducted.

STATUTORY POWERS

1. Power to declare failure of election and call for special election.

2. Exclusive original jurisdiction over all pre-proclamation controversies.

3. Issue writs of certiorari, prohibition

The COMELEC has the authority to issue extraordinary writs of certiorari,prohibition and mandamus in aid of its exclusive appellate jurisdiction.

Both the SC and the COMELEC have concurrent jurisdiction to issue writsof certiorari, prohibition, and mandamus over decisions of trial courts ofgeneral jurisdiction in election cases involving elective municipal officials.The court takes jurisdiction first shall exercise exclusive jurisdiction overthe case. (Carlos vs. Angeles, 346 SCRA 571)

4. Summons parties to a controversy pending before it

5. Enforce and execute its decisions and orders

6. Punish contempts provided for in the Rules of Courts.

The COMELEC has the power to cite for contempt, but this power may be


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exercised only while the COMELEC is engaged in the performance ofquasi-judicial functions and not administrative functions.(Guevarra vs.COMELEC, 104 PHIL 269 and Masangcay vs. COMELEC, 6 SCRA 270)

7. Promulgate rules and regulations implementing the Election Code

8. Exercise direct and immediate supervision and control over officialsrequired to perform duties relative to the conduct of election.

9. Prescribe forms to be used in the election

10. Procure any supplies, equjipment, materials or services needed for theholding of election

11. Prescribe the use or adoption of the latest technological and electronicdevices

12. Carry out continuing and systematic campaign to educate the publicabout elections

13. Fix other reasonable periods for certain pre-election requirements.

14. Enlist non-partisan groups to assist.

JUDICIAL REVIEW OF DECISIONSAny decision, order or ruling of the COMELEC en banc may be brought tothe SC on certiorari by the aggrieved party within 30m days from receipt ofthe copy thereof. When the Supreme Court reviews a decision of theCOMELEC, the court exercises extraordinary jurisdiction, thus theproceeding is limited to issues involving grave abuse of discretion resultingin lack or excess of jurisdiction and does not ordinarily empower the courtto review the factual findings of the COMELEC. (Aratuc vs. COMELEC,88SCRA 251)The mode by which a decision, order or ruling en banc may be elevated tothe SC is the civil action of certiorari under Rule 65 of the 1964 RevisedRules of Court, now expressly provided in Rule 64, 1997 Rules of CivilProcedure, as amended. (Ambil vs. COMELEC,344 SCRA358)

A special civil action for certiorari is the proper remedy to question any final


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order, ruling and decision of the COMELEC rendered in the exercise of itsadjudicatory or quasi-judicial powers.(Guerero vs. COMELEC,336 SCRA458)What is contemplated by the term final orders, rulings and decisions ofthe COMELEC reviewable by certiorari by the Suprerme Court as provided

by law are those rendered in actions or proceedings before the COMELECand taken cognizance of by the said body in the exercise of its adjudicatory(or quasi-judicial) powers. (Salva vs. Makalintal, 340 SRA 506)COMELEC Resolution No. 2987 which provides for the rules andregulations governing the conduct of plebiscite, is not issued pursuant tothe COMELECs quasi-judicial functions but merely as an incident of itsinherent administrative functions over the conduct of plebiscites, and anyquestion pertaining to the validity of said resolution may be well taken in anordinary civil action before the trial courts.(Salva ,supra)

The alleged nature or the COMELEC to implement its resolution orderingthe deletion of a candidates name in the list of qualified candidates doesnot call for the exercise of the SCs function of judicial review as it isundoubtedly administrative in nature, beyond judicial interference.(Chavezvs. COMELEC, 211 SCRA 315)

A resolution of the COMELEC awarding a contract for the supply of votingbooths to a private party, as a result of its choice among various proposalssubmitted in response to its invitation to bid, is not reviewable by certiorarias it is not order rendered in the legal controversy before it but merely as

incident to its inherent administration functions over the conduct ofelections. Any question arising from said order may be taken in an ordinarycivil action. (Filipinas Engineering vs. COMELEC, 344 SCRA 358)

The Supreme Court has no power to review via certiorari, an interlocutoryorder or even a final resolution of a Division of the COMELEC. (Ambil vs.COMELEC, 244 SCRA 358)

A decision, order or resolution of a division of the COMELEC must bereviewed by the COMELEC en banc decision may be brought to thesupreme Court on certiorari. (Ambil vs. COMEL, 358)

VOTERS: QUALIFICATION AND REGISTRATION

Qualification for Suffrage


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Filipino citizenship- it may be by birth or naturalization.

Age- a person may be registered as a voter although he is less than 18years at the time of registration if he will be at least 18 on the day of

election.

Residence- at least 1 year in the Philippines, and at least 6 months wherehe proposes to vote immediately preceding the election. Any person who,on the days of registration may not have been reached the required periodof residence but who, on the day of election shall possess suchqualification, may register as voter.No literacy, property or other substantive requirement shall be imposed onthe exercise of suffrage.

Any person who temporarily resides in another city municipality or countrysolely by reason of occupation, profession, employment in public or privateservice, educational activities, work in the military or naval reservationswithin the Philippines, service in the AFP, PNP or confinement or detentionin government institutions, shall not deemed to have lost his originalresidence. (Sec. 9, RA 8189)In election cases, the Supreme Court treats domicile and residence andresidence as synonymous terms. In order to acquire a new domicile bychoice, there must concur (1) residence or bodily presence in the new

locality;(2) an intention to remain there; and (3) an intention to abandon theold domicile. The residence at the place chosen for the new domicile mustbe actual. (Romualdez vs. RTC,226 SCRA 406)

Disqualifications

1. Any person sentenced by the final judgment to suffer imprisonment fornot less than one year.

2. Any person adjudged by the final judgment of having committed


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(a) any crime involving disloyalty to the government or(b) any crime against national security(c) firearms laws.

3. Insane or incompetent persons as declared by competent authority.

Removal of disqualification for conviction

Plenary pardon

Amnesty

Lapse of 5yaers after service of sentence (Sec.111, RA 8189)

System of Continuing Registration

The personal filing o application of registration of voters shall be conducteddaily in the office of the Election Office during regular office hours. Noregistration shall, however, be conducted during the period starting 120days before a regular election and 90 days before a special election. (Sec.8, RA 8189)

The Supreme Court upheld the validity of the COMELEC resolutiondenying the petition of certain youth sectors to conduct a specialregistration: Petitioners were not denied the opportunity to avail of thecontinuing registration under RA 8189..the law aids the vigilant and notthose who slumber on their rights

In a representative democracy the right of suffrage, although afforded aprime niche in the hierarchy of right embodied in the fundamental law.,ought to be exercised within the proper bounds frames and framework ofthe Constitution and must properly yield to pertinent laws skillfully enactedby the Legislature

The right of suffrage ardently invoked by herein petitioners is not at allabsolutethe exercise of suffrage, as the enjoyment of all other rightssubject to existing substantive and procedural requirement embodied inour Constitution, statute books and other repositories of law. (AKBAYAN


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Youth et al. vs. COMELEC GR No. 147066, March 26, 2001)

Inclusion and Exclution Cases

1. Jurisdiction

i. Municipal or Metropolitan Trial Court original and exclusive Jurisdiction\ii. Regional Trial Court appellate jurisdiction (5 days) (Sec. 33, RA 8189)iii. Supreme Court appellate jurisdiction over RTC on question of law (15days) [Sec. 5(2)(e), Art. VIII, PC; Sec. 2, Rule 45 of the Rules of Court.]

2. Petitioners

a. Inclusion

Private person whose application was disapprove by the ElectionRegistration Board or whose name was stricken out from the list of waters(Sec. 34, RA 8189)COMELEC [Sec. 2(6), Art. IX-C, PC]

b. Exclusion

i. Any registered voter in city or municipalityii. Representative of political partyiii. Election Officer (Sec. 39, RA 8189)iv. COMELEC [Sec. 2(6), Art. IX C, PC]

3. Period for Filing

a. Inclusion Any day except 105 days before regular election or 75 daysbefore a special election. (Sec. 24, RA 8189)b. Exclusion Any time except 100 days before a regular election or 65days before special election. (Sec. 35 RA 8189)

4. Procedure

a. Petition for exclusion shall be sworn (Sec. 35 , RA 8189)b. Each petition shall refer only to only one precinct. (Sec. 35, RA 8189)


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c. Noticei. Parties to be notified

5. Inclusion Election Registration Boardi. ii Exclusion

6. Election Registration Board7. Challenged voters [Sec. 32(b), RA 8189]8. Manner

Notice stating the place day and hour of hearing shall be served throughany of the following means: Registered mail Personal delivery Leaving copy in possession of sufficient discretion in residence.

Posting in city hall or municipal hall and two other conspicuous places inthe city or municipality at least 10 days before the hearing (Sec. 32(b), RA8189)

Any voter, candidate or political party affected may intervene. (Sec. 32c,RA 8189)

Non-appearance is prima facie evidence the registered voter is fictitious(Sec. 32 (f), RA 8189)

Decision cannot be rendered on stipulation of facts (Sec. 32 (f), RA 8189)

No motion for reconsideration is allowed, (Sec. 33, RA 8189)

Annulment of List of Voters

1. Upon verified complaint of any voter, election officer or registeredpolitical party or motu propio, the COMELEC may annul a list of voteswhich was not prepared in accordance with RA 8189 or whose preparationwas affected with fraud, bribery, forgery, impersonation, intimidation, forceor other similar irregularity or statistically improbable.

2. No list of voters shall be annulled within 60 days before an election(See. 33, RA 8189)


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The annulment of the list of voters shall not constitute a ground for a pre-proclamation controversy. (Ututalum vs. COMELEC, 181 SCRA 335)

When an assailed order had been issued pursuant to COMELECsadministrative powers in the absence of any finding of grave abuse of

discretion in declaring a precinct as non existent, said order shall stand,judicial interference being unnecessary and uncalled for The sacred rightof suffrage guaranteed by the Constitution is not tampered when a list offictitious voters is excluded from an electoral exercise. (Sarangani vs.COMELEC, 334 SCRA 379)

Election precinct is the basic unit of territory established by the COMELECfor the purpose of voting.

A polling place refers to the building or place where the board of electioninspectors conduct proceedings and where the voters cast their votes.

Voting center refers to the building or place where the polling place islocated.

List of voters refers to an enumeration of names of registered voters in aprecinct duly certified by the Election Registration Board for use in theelection.

Book of voters refers to the compilation of all registration records in aprecinct.

Signature of Chairman at back of every ballot

In every case before delivering an official ballot to the voter, the Chairmanof the BEI shall, in the presence of the voter, affix his signature at the backthereof. Failure to so authenticate shall be noted in the minutes of the BEIand shall constitute an election offense punishable under Sections 263 and264 of the OEC.

IV. POLITICAL PARTIES AND PARTY LIST SYSTEM

Political party or party when used in the OEC means an organized group ofpersons pursuing the same ideology, political ideas or platforms of


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government and includes its branches or divisions. A political party mayrefer to a local regional or national party existing and duly registered andaccredited by the COMELEC. To acquire juridical personality, qualify foraccreditation, and to be entitled to the rights of political parties, a politicalparty must be registered with the COMELEC. The following political parties

cannot be registered.

1. Religious sects2. Those which seeks to achieve their goals through unlawful means3. Those which refuse to adhere to the Constitution4. Those that are supported by any foreign government

GROUNDS FOR CANCELLATION OF REGISTRATION

1. Accepting financial contributions from foreign governments or theiragencies (for partisan election purposes.) (Sec.2(5), Art IX C, PC)2. It is a religious sect or denomination, organization or associationorganized for religious purposes.3. It advocates violence or unlawful means to seek its goal4. It is a foreign party or organization5. It violates or fails to comply with laws, rules and regulations relating toelections6. It declares untruthful statements in its petition

7. It has ceased to exist for at least one year , and8. Fails to participate in the last two preceding elections, or fails to obtain atleast 2% of the votes cast under the party list system in the twopreceding elections for the constituency in which it was registered.

A party which fails to obtain at least 10% of the votes cast in theconstituency in which it nominated candidates in the election next followingits registration shall forfeit its registration.

Party System. A free and open party system shall be allowed to evolveaccording to the free choice of the people. [Sec 2(5) Art. IX C, PC]

The PartyList System, is a mechanism of proportional representation inthe election of representatives to the House of Representatives, fromnational, regional and sectoral parties, organizations and coalitions thereofregistered with the COMELEC. The Partylist system was devised to


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replace the reserve seat system the very essence of the party listsystem is representation by election. (Veterans Federation Party vs.COMELEC, 342 SCRA 244)

GUIDELINES FOR SCREENING PARTY LIST PARTICIPANTS

1. The political party, sector, organization must represent the marginalizedand underrepresented groups identified in Sec. 5 of RA 7941. majority ofits membership should belong to the marginalized and underrepresented;

Proportional representation refers to the representation of the marginalizedand underrepresented as exemplified by the enumeration in Sec/ 5 of thelaw, namely; labor peasant, fisherfolk, urban poor, indigenous culturalcommunities, elderly, handicapped, women youth, veterans, overseas

workers and professionals. The party list organization or party mustfactually and truly represent the marginalized and underrepresentedconstituencies mentioned in Sec. 5 .(Ang Bagong Bayani OFW LaborParty, et al vs. COMELEC et al GR No. 147589. June 26, 2001)

2. While even major political parties are expressly allowed by RA 7941 andthe Constitution, they must comply with the declared statutory policy ofFilipino citizens belonging to marginalized and underrepresented sectorsto be elected to the House of Representatives. Thus, they must show that

they represent the interest of the marginalized and underrepresented;

Political parties, even the major ones, may participate in the party listelections, except for purposes of May 11, 1998 elections. The requisitecharacter of these organizations must be consistent with the purpose of theparty list system, as laid down in the Constitution and RA 7941 . . .

Under the Constitution and RA 7941, provide respondents cannot bedisqualified from the party list elections, merely on the ground that they arepolitical parties. Sec. 5 Art. VI of the Constitution provides that members ofthe House of Representatives may be elected through a party list systemof registered national, regional and sectoral parties or organizations.Furthermore, under Secs. 7 and 8, Art IX C of the Constitution, politicalparties may be registered under the party list system. (Ang BagongBayani OFW Labor Party, et al vs. COMELEC, et al. GR No. 147589,June 26, 2001)


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3. That religious sector may not be represented in the party list system,except that priest, imam or pastors may be elected should they representnot heir religious sect but the indigenous community sector.

4. A party or an organization must not be disqualified under Sec. 6, RA7941;

5. The party organized must not be adjunct of, or a project organized or anentity funded or assisted by, the government;

6. The party, including its nominees must comply with the qualificationrequirements of Sec. 9, RA 7941 as follows: No person shall be nominatedas party list representative unless he is:

a. natural born citizen of the Philippinesb. a registered voter,c. a resident of the Philippines for a period not of no less than one yearimmediately preceding the day of the election;d. able to read and write;e. a bonafide member of the party or organization which he seeks torepresent for at least 90 days preceding the day of the election; andf. At least 25 years of age on the day of the election. In case of a nominee

of the youth sector, at least be 25 but not more than 30 years of age on theday of the election. Any youth sectoral representative who attains the ageof 30 during his term shall be allowed to continue in office until theexpiration of his term.

7. Not only the candidate party or organization must representmarginalized and underrepresented sectors, so also must its nominees;

8. While lacking a well defined political constituency, the nominee mustlikewise be able to contribute to the formation and enactment ofappropriate legislation that will benefit the nation as a whole.

The parameters of the Filipino Party List System are:(1) the twenty percent allocation,(2) the two percent threshold;(3) the three seat limit; and


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(4) proportional representation.

The Constitution makes the number of district representatives thedeterminant in arriving at the number of seats allocated for party listlawmakers, a formulation which means that any increase in the number of

district representatives, an as may be provided by law, will necessarilyresult in a corresponding increase in the number of party list seats . . . ..

Sections 5 (2), Art. VI of the Constitution is not mandatory, it merelyprovides a ceiling for party list seats in Congress . . Obtaining absoluteproportional representation is restricted by the three-seat-per-party limit toa maximum of two additional slots . .

Under the Niemeyer formula, the number of additional seats to which a

qualified party would be entitled is determined by multiplying the remainingnumber of seats to be allocated by the total number of votes obtained bythat party and dividing the product by the total number of votes garneredby all the qualified parties.

The Niemeyer formula, while no doubt suitable for Germany, finds noapplication in the Philippine setting because of our three seat limit and thenon mandatory character of the twenty percent allocation. (Ang BagongBayani OFW Labor Party, et al vs. COMELEC, et al. GR No.147589, June

26, 2001)

V. CANDIDATES AND CERTIFICATES OF CANDIDACY

QUALIFICATIONS OF CANDIDATES

A. National Arts. VI and VII, PC1. President and Vice President2. Senators3. Congressmen District and PartyList Representatives

B. Local Sec.39, Local Government Code

Qualifications prescribed by law are continuing requirements and must bepossessed for the duration of the officers active tenure. Once any of therequired qualifications is lost, his title to the office may be seasonably


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challenged. (Frivaldo vs. COMELEC, 174 SCRA 245 and Labor vs.COMELEC, 176 SCRA 1)

Residence

In Marcos vs. COMELEC, 248 SCRA 300, the Supreme Court upheld thequalification of IRMarcos despite her own declarations in her certificate ofcandidacy that she had resided in the district for only seven monthsbecause of the following:

1. A minor follows the domicile of his parents; Tacloban became IRMsdomicile of origin by operation of law when her father brought the family toLeyte;2. Domicile of origin is lost only when there is actual removal or change of

domicile, a bonafide intention of abandoning the former residence andestablishing a new one, and acts which correspond with the purpose; inthe absence of clear and positive proof of the concurrence of all these,these domicile of origin should continue;3. The wife does not automatically gain the husbands domicile becausethe term residence in Civil Law does not mean the same thing in PoliticalLaw, when IRM married Marcos in 1954, she kept her domicile or originand merely gained a new home, not a domicilium necessarium;4. Even assuming that she gained a new domicile after her marriage and

acquired the right to choose a new one only after her husband died, heracts following her return to the country clearly indicate that she choseTacloban, her domicile of origin, as her domicile of choice.

In Aquino vs. COMELEC, 248 SCRA 400, the Supreme Court held thatAgapito Aquino failed to prove that he had established not just residencebut domicile of choice in Makati. In his certificate of candidacy, he indicatedthat he was a resident of San Jose Concepcion, Tarlac for 52 years, hewas a registered voter of the same district, his birth of certificate placesConception, Tarlac as birthplace. Thus, his domicile of origin wasConception, Tarlac, and his bare assertion of transfer of domicile fromtarlac to Makati is hardly supported by the facts of the case.

When the Constitution speaks of residence the word should beunderstood, consistent with Webster, to mean actual, physical andpersonal presence in the district that a candidate seeks to represent


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The original concept of domicile, which arose from Americanjurisprudence was not intended to govern political rights, it was designed toresolve the conflict of laws between or among state where a decedent mayhave lived for various reasons, for the purpose of determining which law

was applicable as regards his estate . . .

Applying the concept of domicile in determining residence as a qualificationfor an elective office would negate the objective behind the residencerequirement set forth under the law . . . (Domino vs. COMELEC 310 SCRA546)The place where the party actually or constructively has his permanenthome, where he, no matter where he may found at any given time,eventually intends to return and remain, i.e., his domicile, is that to which

the Constitution refers when it speaks of residence for the purposes ofelection law . . .

The registration of a voter in a place other than his residence of origin isnot sufficient to consider him to have abandoned or lost his residence.(Perez vs. COMELEC, 317 SCRA 641)

The rationale of requiring candidates to have a minimum period ofresidence in the area in which they seek to be elected is to prevent the

possibility of a stranger or newcomer unacquainted with the conditions andneeds of a community and not identified with the latter from seeking anelective office to serve that community . . .

The classification of an area as a highly urbanized or independentcomponent city, for that matter, does not completely isolate its residents,politics, commerce and other businesses from the entire province, and viceversa, especially when the city is located at the very heart of the provinceitself . .

The residence requirement is rooted in the desire that officials of districtsor localities are acquainted not only with the metes and bounds of theirconstituencies but, more important, with the constituents themselves, anda very legalistic, academic and technical approach to the residentrequirement does not satisfy this simple, practical and common sensenational for the residence requirement. (Torayna vs. COMELEC 337 SCRA


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574)

Philippine citizenship

The lost citizenship may be reacquired under Sec. 1 of RA 2630, whichprovides that any person who had lost his Philippine citizenship byrendering service to, or accepting commission in, the Armed Forces of theUnited States, or after separation from the Armed Forces of the UnitedStates, acquired United States citizenship by taking an oath to theRepublic of the Philippines and registering the same with Local CivilRegistry in the place where he resides or last reside in the Philippines. Thesaid oath of allegiance shall contain a renunciation of any other citizenship.

(Bengson III vs. HRET, et al. GR No. 142840, May 7, 2001)

Repatriation results in the recovery of the original nationality. This meansthat a naturalized Filipino who lost his citizenship will be restored to hisprior status as a naturalized Filipino citizen. On the other hand, if he wasoriginally a natural-born citizen before he lost his Philippine citizenship, hewill be restored to his former status as a natural born Filipino. (Bengson,supra)

Disqualifications

Grounds Under the Omnibus Election Code

A. Any person declared by competent authority insane or Incompetent

B. Any person sentenced by final judgment for any of the Followingoffenses:

1. Insurrection or rebellion

2. Offense for which he was sentenced to penalty of More than 18 months

3. Crime involving morale turpitude (Sec. 12, BP 881)

C. A permanent resident to or immigrant to foreign country Unless he


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waives such status (Sec. 68, BP 881)

D. Removal; Insanity or incompetence declaration of removal bycompetent authority

E. Conviction; unless granted plenary pardon, amnesty; or Lapse of 5years after service of sentence (Sec. 12, BP 881)

Grounds under the Local Government Code Sec. 40

A. Those sentenced by final judgment for an offense involving moralturpitude or an offense punishable by imprisonment for at least one year,within two years after service of sentence.

B. Those removed from office as a result of an administrative case.

An elective local official who was removed from office prior to January 1,1992 is not disqualified from running for elective local office (Grego vs.COMELEC, 274 SCRA 481)

C. Those convicted by final judgment for violating his oath of allegiance tothe Republic.

D. Those with dual citizenship--The phrase dual citizenship in RA 7160,Sec. 40 (d) and RA 7854, Sec. 20 must be understood as referring to dualallegiance. Consequently, persons with mere dual citizenship do not fallunder this disqualification. For candidates with dual citizenship, it shouldsuffice if, upon the filing of their certificates of candidacy, they electPhilippine citizenship to terminate their status as persons with dualcitizenship considering that their condition is the unavoidable consequenceof conflicting laws of different states. (Mercado vs. Manzano, 307 SCRA630)

E. Fugitives from justice in criminal or non political cases.F. The term includes not only those who flee after conviction to avoidpunishment, but likewise who, after being changed, flee to avoidprosecution. (Marquez vs. COMELEC, 243 SCRA 538)

G. Permanent residents in foreign country or those who have the right to


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reside abroad and continue to avail of it. (Caasi vs. CA, 191 SCRA 229)

H. The insane or feeble minded.

Three consecutive terms limit

The term limit for elective local officials must be taken to refer to the right tobe elected as well as the right to serve in the same elective position.Consequently, it is not enough that an individual has served threeconsecutive in an elective local office, he must also have been elected tothe same position for the same number of times before the disqualificationcan apply: (Borja vs. COMELEC, GR No. 133495, September 3, 1998)

Conditions for the application of the disqualification: (1) the official

concerned has been elected for three consecutive terms in the same localgovernment post and (2) that he has fully served three consecutiveterms . . .

A proclamation subsequently declared void is no proclamation at all andwhile a proclaimed candidate may assume office on the strength of theproclamation of the Board of Canvassers he is only a presumptive winnerwho assumes office subject to the final outcome of the election protest . .

Voluntary renunciation of a term of office does not cancel the renouncedterm in the computation of the three term limit; conversely involuntaryseverance from the office for any length of time short of the full termprovided by law amounts to an interruption of continuity of service.(Lonzanida vs. COMELEC, 311 SACRA 602)

1. Under the Revised Administrative Code Municipal Office

Ecclesiastics (Pamil vs. Teleron, 56 SCRA 413)

Persons receiving compensation from provincial or municipal funds

Contractors for public works of the municipality

2. Under the Lone candidate Law RA 8295


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Any elective official who has resigned from his office by accepting anappointive office to become vacant due to his resignation; and

Any person who, directly or indirectly coerces, bribes, threatens, harasses,intimidates or actually causes, inflicts or produces any violence, injury,

punishment, torture, damage, loss or disadvantages to any person orpersons aspiring to become a candidate or that of the immediate memberof his family, his honor or property that is meant to eliminate all otherpotential candidates.

Certificates of Candidacy

No person shall be eligible for any elective public unless he files a sworncertificate of candidacy within the period fixed by the Omnibus Election

Code.

Deadline

Certificate of candidacy must be filed not later than the day before the datefor the beginning of the campaign period. (Sec. 7, RA 7166)

A certificate filed beyond the deadline is not valid. (Gador vs. COMELEC,95 SCRA 431)

Prohibition against multiple candidacies

A person who files a certificate of candidacy for more than one officeshould be eligible for any of them. (Sec 73, BP 881)

Before the deadline for filing certificates he may withdraw all expect one,declaring under oath the office for which he desires to be eligible andcancel the certificate of candidacy for other office or offices. (Go vs.COMELEC, GR No. 147741, May 10, 2001)

Forms

Oath

The certificate must be sworn. (Sec. 73, BP 881)


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The election of a candidate cannot be annulled because of formal defectsin his certificate, such as held of oath (Guzman vs. Board of Canvassers,48 Phil 211)

Name

A candidate shall use his baptismal name or full name, the nameregistered with the civil registrar or any other name allowed by law.

He may include one nickname or stage name by which he is generallyknown.

When two or more candidates for the same office have the same name orsurname, each shall state his paternal and maternal surnames, except the

incumbent (See. 71, BP 881)

Place and Period of Filling

For President, Vice President and Senators: main office of the COMELECin Manila, 5 copies, not later than 90 days before date of election.

For Members of the House of Representatives:

Provincial legislative districts Provincial Election Supervisor of theProvince concerned

NCR legislative districts Regional COMELEC Directors

Legislative districts in cities outside NCR City Election registrarconcerned

For provincial offices Provincial Election Supervisor of the provinceconcerned.

City and Municipal offices City or Municipal Election Registrar concerned.

The certificates of candidacy of Members of the House of Representatives,Provincial, city or municipal officials shall be filed in 5 copies not later than45 days before the election.


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The certificate of candidacy shall be filed by the candidate personally or hisduly authorized representative. No certificate of candidacy shall be filed oraccepted by mail, telegram or facsimile.

The evident purpose of the law in requiring the filing of certificate ofcandidacy and in fixing the time limit therefore are; (1) to enable the votersto know, at least sixty days before the regular election, the candidatesamong whom they are to make the choice, and (2) to avoid confusion andinconvenience in the tabulation of the votes to the duly registeredcandidates, there might be as many persons voted for as there are voters,and votes might be cast even for unknown or fictitious persons, as mark toidentify the votes in favor of a candidate for another office in the sameelection. (Miranda vs. Abaya, 311 SCRA 617)

Duty of COMELEC

Subject to its authority over nuisance candidates and its power to deny duecourse or cancel a certificate of candidacy, the rule is that the COMELECshall have only the ministerial duty to receive and acknowledge receipt ofthe certificates of candidacy. (Sec. 78, BP 881)

Effect Filing

An appointive public official is considered resigned upon filing of hiscertificate. (Sec. 66, BP 881;Sanciangco vs. Rono, 137, SCRA 671).Thisincludes an employs of a GOCC organized under the Corporation Code(Without original charter), since the law makes no distinction. (PNOC EDC vs. NLRC, 222 SCRA 831)

Any elective official, whether national or local who has filed a certificate ofcandidacy for the same or any other office shall not be consideredresigned from office. (sec. 26, COMELEC Resolution No. 3636, Rules andRegulations Implementing RA 9006)

Withdrawal of Certificate of Candidacy

Form written declaration under oath. There was no withdrawal ofcandidacy for the position of mayor where the candidate, before the


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deadline for filing certificates of candidacy, personally appeared in theCOMELEC office, asked for his certificate of candidacy and intercalatedthe word vice before the word mayor and the following day wrote theelection registrar saying that his name be included in the list of officialcandidates for mayor. (Vivero vs. COMELEC, L 81059, Jan 12, 1989)

Since his certificate of candidacy for the office of board member was filedby his party, and the said party had withdrawn the nomination whichwithdrawal was confirmed by the candidate under oath, there wassubstantial compliance with Sec. 73. His filing under oath within thestatutory period of his individual certificate for candidacy for the separateoffice of mayor was, in effect, a rejection of the party nomination on hisbehalf for the office of board member. (Ramirez vs. COMELEC, L-81150,Jan 12, 1992)

Substitution of Candidacy Sec. 77 BP 881; Sec. 12, RA 9006

If after the last day for filing certificates, a candidate dies, withdraws or isdisqualified, he may be substituted by a person belonging to his party notlater than the mid day of election. Said certificate may be filled with anyboard of election inspectors in the political subdivision where he is anelectorate of the country, with the COMELEC. (Domingo vs. City Board ofCanvassers, GR No. 105365, June 2, 1992)

Even if the withdrawal was not under oath, the certificate of the substitutecannot be annulled after the election. Such technicality of the originalcandidates withdrawal of his certificate of candidacy cannot be used tooverride the peoples will in favor to the substitute candidate. The legalrequirement that the withdrawal be under oath will be held to be merelydirectory and the candidates failure to observe the requirement isconsidered a harmless error. Hence the bona fide certificate of thesubstitute candidate cannot be assailed. The votes in his favor should becounted. (Villanueva vs. COMELEC, 140 SCRA 352)

In case of valid substitutions after the official ballot have been printed, thevotes cast for the substituted candidates shall be considered as manyvotes but shall not invalidate the whole ballot. For this purpose, the officialballots shall provide spaces where the voters may write the name ofsubstitute candidates if they are voting for the latter. (See. 12, RA 9006)


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There is nothing in the Constitution or statute which requires as conditionprecedent that a substitute candidate must have been a member of theparty concerned for a certain period of time before he can be nominated assuch. (Sinaca vs. Mula, 315 SCRA 266)

A valid certificate of candidacy is likewise an indispensable requisite in thecase of a substitution of a disqualified candidate under the provisions ofSec. 77 of the Election Code . . . The concept of a substitute presupposesthe existence of the person to be substituted, for how can a person takethe place of somebody who does not exist or who never was...

A disqualified candidate may only be substituted if he had a valid certificate

of candidacy in the first place because, if the disqualified candidate did nothave a valid and seasonably filed certificate of candidacy, he is and wasnot a candidate at all. If a person was not a candidate, he cannot besubstituted under Sec. 77 of the Code . . . .

While Sec. 78 of the Election Code enumerated the occasion where acandidate may validly substitute there is no mention of the case where acandidate is excluded not only by disqualification but also by denial andcancellation of his certificate of candidacy (Miranda vs. Abaya, 311 SCRA

617)

In case of valid substitutions after the official ballots have been printed, thevotes cast for the substituted candidates shall be considered as stray votesbut shall not invalidate the whole ballot. Sec. 12, RA 9006. amending Sec.12 of RA 8436)

DISQUALIFICATION OF CANDIDATES

1. Grounds

Violation of Omnibus Election Code Sec. 68

Giving money or other material consideration to influence voters or publicofficials performing electoral functionsCommitting acts of terrorism to enhance his candidacy


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Spending in his election campaign in excess of the amount allowed by theCodeSoliciting, receiving or making any prohibited contributionViolations of Secs. 80, 83, 85, 86 and 261, paragraphs d, e, k, v and cc,sub-paragraph 6.

Nuisance candidate Sec. 69

A petition to disqualify a candidate for councilor for failure to indicate in hiscertificate of candidacy the precinct number and the barangay as aregistered voter cannot be considered a petition to disqualify him for beinga nuisance candidate, since his certificate was not filed to make mockeryof the election or to confuse the voters. (Jurilla vs. COMELEC, 232 SCRA758)

Falsity of material representation in certificate of candidacy. Sec. 78

The COMELEC has jurisdiction over a petition to disqualify a candidate forcongressman for ineligibility before he has been proclaimed and hasassumed office (Marcos vs. COMELEC, 248 SCRA 300; Aquino vs.COMELEC, 248 SCRA 400)

2. Procedure for disqualification of candidates

The petition shall be filed by any registered candidate for the same Officewithin 5 days from the last day of filing of certificates of Candidacy. (Secs.5a and 7, RA 6646)

Under the election laws and the COMELEC Rules of Procedure, any votermay file a petition to disqualify a candidate on grounds provided by law.(Torayno vs.COMELEC, 337 SCRA 574)The fact that no docket fee was initially paid is not fatal. The Proceduraldefect as cured by the subsequent payment of the docket fee. (Sunga vs.COMELEC, 228 SCRA 76)

A petition filed after the election is filed out of time. (Loong vs.COMELEC,216 SCRA 769)

Since the filing by facsimile transmission is not sanctioned and a facsimile


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copy is not an original pleading, a petition for disqualification should bedeemed filed upon the filing of the original petition. (Garvida vs. Sales, 271SCRA 764)

Where a qualified candidate was replaced on the day before the election, a

petition to disqualify the replacement filed on election day should beentertained, as it was impossible to file the petition earlier. (Abella vs.Larrazabal, 180 SCRA 509)

The COMELEC may motu propio refuse to give due course or cancel acertificate of candidacy. (Sec. 69, BP 881)

The proceeding shall be summary. (Nolasco vs. COMELEC, 275 SCRA762)

The COMELEC can decide a disqualification case directly without referringit to its legal officers for investigation. (Nolasco, supra)

The decision shall be final and executory after 5 days from receipt unlessstayed by the Supreme Court [Secs. 5(e) and 7, RA 6646]

EFFECTS OF DISQUALIFICATION CASE

After final judgment -Any candidate who has been declared by finaljudgment to be disqualified shall not be voted for, and the votes cast forhim shall not be counted.

Before final judgment If for any reason a candidate is not declared byfinal judgment before an election to be disqualified and he is voted for andreceives the winning number of votes in such election the Court orCommission shall continue with the trial and hearing of the action, inquiryor protest and, upon motion of the complainant or any intervenor, may,during the tendency thereof, order the suspension of the proclamation ofsuch candidate whenever the evidence of guilt is strong. (Sec. 6, RA 6646)

The purpose of a disqualification proceeding is to prevent the candidatefrom running or, if elected, from serving, or to prosecute him for violation ofelection laws. The fact that a candidate has been proclaimed and hadassumed the position to which he was elected does not divest the


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COMELEC of authority and jurisdiction to continue the hearing andeventually decide the disqualification. The COMELEC should not dismissthe case simply because the respondent has been proclaimed. (Sunga vs.COMELEC, 288 SCRA 76 and Lonzanida vs. COMELEC, 311 SCRA 617)

Sec. 6 of RA 6616 authorizes the continuation of proceedings fordisqualification even after the elections if the respondent has not beenproclaimed. (Perez vs. COMELEC, 317 SCRA 641)

A disqualification case may have two aspects, the administrative, whichrequired only a preponderance of evidence to prove disqualification, andthe criminal, which necessitates proof beyond reasonable doubt to convict.

There is no provision in RA 6646 that treats of a situation where the

complaint for disqualification is filed after the election. . . .

Second paragraph of paragraph 2 of Res. No. 2050 provides that where acomplaint is filed after the election but before proclamation, as in this case,the complaint must be dismissed as a disqualification case but shall bereferred to the Law Department for preliminary investigation.

Why there is a difference between a petition for disqualifications beforeand after the election proceeds from the fact that before the electorate and

those who vote for the candidate assume the risk that should saidcandidate be disqualified after the election, their votes would be declaredstray or invalid votes and that would not be true in the case of one filedafter the electorate has already voted . . . (Bagatsing vs. COMELEC, 320SCRA 817)

The COMELEC can legally suspend the proclamation of the winningcandidate although he received the winning number of votes.(Labo vs.COMELEC, 211 SCRA 297).

The use of the word may, indicates that the suspension of theproclamation is merely directory and permissive in nature and operates toconfer discretion. What is made mandatory is the continuation of the trialand hearing of the action, inquiry or protest. Since the suspension of theproclamation is merely permissive, the proclamation of a candidate is valid,if the COMELEC did not suspend his proclamation. (Grego vs. COMELEC,


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274 SCRA 481)

Under the same provision, intervention may be allowed in proceedings fordisqualification even after election if there has yet no final judgmentrendered. (Mercado vs. Mazano, 307 SCRA 630)

Where the votes cast for a nuisance candidate whose disqualification hadnot yet become final on election day were tallied separately, they should becounted in favor of the petitioner. (Bautista vs. COMELEC, 298, SCRA480)

THE LONE CANDIDATE LAW

The Lone Candidate Law is RA 8295, enacted June 6, 1997. Section 2

thereof provides the upon the expiration of the deadline for the filing ofcertificate of candidacy in a special election called to fill a vacancy in anelective position other than for President and Vice-President, when there isonly one (1) qualified candidate for such position, the lone candidate shallbe proclaimed elected to the position by proper proclaiming body of theCOMELEC that he is the only candidate for the office and is therebydeemed elected.

Section 3 thereof also provides that the lone candidate so proclaimed shall

assume office not earlier than the scheduled election day, in the absenceof any lawful ground to deny due course or cancel the certificate ofcandidacy in order to prevent such proclamation.VI. CAMPAIGN; ELECTION PROPAGANDA; CONTRIBUTIONS ANDEXPENDITURES

Election campaign or partisan political activity refers to an act designed topromote the election or defeat of a particular candidate or candidates forpublic office. (Sec. 79, BP 881)

a. If done for the purpose of enhancing the chances of aspirants fornomination for candidacy to a public office by a political party, etc, it shallnot be considered as election campaign or partisan political activity.

b. It shall be unlawful for any person or any party to engage in electioncampaign or partisan political activity except during the campaign period.


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c. Members of the Civil Service to engage, directly or indirectly, in anyelectioneering or partisan political campaign.

A. Nomination of candidates

1. President, Vice-President and Senators not earlier than 165 beforeelection date

2. Congressmen, provincial, city or municipal officials not earlier than 75days before election day

B. Campaign period

1. President, Vice-President and Senators 90 days before election day

2. Congressmen, provincial, city and municipal officials 45 days beforeelection day.

C. Lawful propaganda

1. Forms

2. Pamphlets, leaflets, cards, decals, stickers and written or printedmaterials not more than 8 inches by 14 inches

3. Handwritten/printed letters

4. Cloth, paper or cardboard, posters measuring, not more than 2 feet by 3feet 3 by 8 ft. allowed in announcing at the site on the occasion of a publicmeeting or rally, may be displayed 5 days before the date of rally but shallbe removed within 24 hours after said rally.

5. Paid print advertisements: page in broadsheets and pages intabloids thrice a week per newspaper, magazine or other publication duringthe campaign period. (Sec. 4, RA 9006)

6. Broadcast Media(i.e., TV and radio) National Positions: 120 minutes forTV, 180 minutes for radio / Local Positions: 60 minutes for TV, 90 minutes


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for radio

7. Other forms of election propaganda not prohibited by the OmnibusElection Code and RA 9006, and authorized by the COMELEC.

Requirement

1. Any published or printed political matter or broadcast of electionpropaganda by television or radio for or against a candidate or group ofcandidates to any public office shall bear and be reasonably legible oraudible words political advertisement paid for, followed by the true andcorrect name and address of the candidate or party for whose benefit theelection propaganda was printed or aired.

2. If the broadcast is given free or charge by the radio or television station,it shall be identified by the word airtime for this broadcast was providedfree of charge by followed by the true and correct name and address ofthe broadcast entity.

3. Print, broadcast or outdoor advertisements donated to the candidate orpolitical party shall be printed, published, broadcast or exhibited without thewritten acceptance by the said candidate or political party. Such writtenacceptance shall be attached to the advertising contract and shall be

submitted to the COMELEC. (Sec. 4, RA 9006)

D. Prohibited Campaign

1. Public exhibition of a movie, cinematograph or documentary portrayingthe life or biography of a candidate during campaign period.\

2. Public exhibition of a movie, cinematograph or documentary portrayedby an actor or media personality who is himself a candidate;

3. Use of airtime for campaign of a media practitioner who is an official of aparty or a member of the campaign staff of a candidate or political party.

Scope


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1. Prohibiting the posting of decals and stickers except in the commonposting area authorized by the COMELEC is not valid (Adiong vs.COMELEC, 244 SCRA 272)

2. Mass media may report news relating to candidates, and mass media

practitioners may give their opinion regarding candidates. (National PressClub vs. COMELEC, 207 SCRA 1)

E. Rallies

1. An application for permit for a rally shall not be denied except on theground that a prior written application for the same purpose has beenapproved. A denial is appealable to the provincial election supervisor orCOMELEC. (Sec. 87, BP 881)

2. It is unlawful to give or accept transportation, food, drinks or things ofvalue within 5 hours before and after a public rally, before election day andon election day. (Sec. 89 BP 881)

F. Prohibited donations

It is prohibited for any candidate, his spouse, relative within second degreeof consanguinity or affinity, or representative to make any contribution forany structure for public use or for use of any religious or civic organization

except the normal religious dues and payment for scholarships establishedand school contributions habitually made before the campaign period.(Sec. 104, BP 881)

G. Prohibited contributions

No political contribution shall be made by the following:

1. Public or private financial institutions2. Public utilities and those who exploit natural resources

Thus, where an operator of a public utility disguised a contribution to acandidate for governor as loan, the promissory note is void: (halili vs. Courtof Appeals, 83 SCRA 633)3. Persons who hold contracts or sub-contracts to supply the governmentwith goods and services.


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4. Persons granted franchises, incentives, exemptions or similar privilegesbythe government5. Persons granted loans in excess of P25, 000 by the government or anyof

its subdivisions or instrumentalities6. Schools which received grants of public funds of at least P100,0007. Employees in the Civil Service or members of the Armed Forces.8. Foreigners (Sec. 95 , Bp 881)9. Corporations (sec. 36 (9), Corp. Code)

H. Equal Access to Media Time and SpaceAll registered parties and bonafide candidates shall have equal access tomedia time and space . The following guidelines may be amplified on by

the COMELEC.1. No franchise or permit to operate a radio or television shall be grantedorissued, suspended or cancelled during the election period.2. Any mass media columnist, commentator, announcer, reporter, on-aircorrespondent or personality who is a candidate for any elective publicoffice or is a campaign volunteer for or employed or retained in anycapacity by any candidate or political party shall be deemed resigned, if sorequired by their employers, or shall take a leave of absence from his work

as such during the campaign. And that any media practitioner who is anofficial candidate of a political party or member of the campaign staff of acandidate or political party shall not use his media time and space to favorany candidate or political party.

I. Limitation on expenses Sec. 13, RA 7166

1. Candidates

a. President and vice president P10 per voterb. Other candidates P3 per voter in his constituencyc Candidate without political party P5 per voterd. Party/organization and coalition participating in the party list system P5 per voter

2. Political party and coalition P5 per voter in the constituency where it


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has candidates. (sec. 13, RA 7166)

J. Statement of contributions and expenditures

1. Filing

a. every candidate and treasurer of political party shall file within 30 daysafter election day a statement of contributions and expenditures.b. No persons elected shall assume office until he and his political partyhas filed the required statements

2. Penaltiesa. First Offense administrative fine from P 1,000 to P30, 000b. Subsequent offense

i. Administrative fine from P2,000 to P60, 000ii. Perpetual disqualification to hold public office (Sec. 14,RA 7166)

3. Effect of withdrawal

A candidate who withdraws his certificate of candidacy must still file astatement of contributions and expenditures, for the law makes nodistinction. (Pilar vs. COMELEC, 245 SCRA 759)

VII. ELECTION; BOARD OF ELECTION INSPECTORS (BEI);WATCHERS

KINDS OF ELECTION1. General election is one provided for by law for the election to officesthroughout the State, or certain subdivisions thereof, after the expiration ofthe full term of former officers.2. Special Election is one provided for by law to fill vacancy in office beforethe expiration of the full term for which the incumbent was elected or onefixed by the COMELEC due to postponement or suspension of the electionor the failure to elect.3. Recall election is an election by means of which voters decide whetherthey should retain their local official or elect his replacement. (Claudio vs.COMELEC, 331 SCRA 388)


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ELECTION PERIOD

Unless otherwise fixed by the COMELEC in special cases, the electionperiod shall commence 90 days before the day of the day of the electionand shall end 30 days thereafter.[Sec. 9, Art. IX C, PC]

DATE OF ELECTION

The regular election of the President, Vice-President, Senators andMembers of the House of Representatives and local officials, exceptbarangay officials, shall be on the second Monday of May once every threeyears. In accordance with the constitutional policy to synchronize elections,the regular election for national and local officials is now heldsimultaneously. (RA 7166) Under 6679, regular elections for barangay

officials shall be held once every five years.

ELECTION OF SANGGUNIANG MEMBERS1. For provinces with two or more legislative district the elective membersof Sangguniang Panlalawigan (Spn) shall be elected by legislative districts.2. For provinces with only one legislative district the COMELEC shalldivide them into districts for purposes of electing the members of the SPn;3. For cities in Metro Manila Area, Cebu City, Davao City or any other city

with two or more legislative district governed by Secs. 2 and 3 of RA6686.4. For municipalities in Metro Manila the COMELEC shall divide theminto two districts by baranggay for purposes of electing members of the SB.

POSEPONEMENT OF ELECTION

When for any serious cause such as violence, terrorism, loss or destructionof election paraphernalia or records, force majeure, and other analogouscases of such nature that the holding of a free, orderly and honest electionshould become impossible in any political subdivision, the COMELEC,motu propio or upon a verified petition by any interested party, and afterdue notice and hearing, whereby all interested parties are afforded equalopportunity to be heard, shall postpone the election therein. (Sec. 5, BP881)


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An election officer alone, or even with the agreement of the candidates,cannot validly postpone or suspend the election. (Basher vs. COMELEC,330 SCRA 736). . . It is essential to the validity of the election that thevoters have notice in some form, either actual or constructive, of the time,place and purpose thereof (Basher vs. COMELEC, supra)

A petition to postpone elections should be addressed to the COMELEC,subject to the remedy of review provided for in Art IX A Section 7.

In fixing the date of special elections the COMELEC should see to it that:

1. It should not be later than thirty (30) days after the secession of thecause of the postponement of suspension of the election or a failure toelect; and

2. It should be reasonably close to the date of the election not held,suspended or which resulted in the failure to elect.(Pangandaman vs.COMELEC, 319 SCRA 283)

A special election is not valid if notice of its date and of the transfer of theprecincts was given less than a day before, since the voters were deprivedof the opportunity to vote. (hassan vs. COMELEC, 264 SCRA 125)

FAILURE OF ELECTION

1. Sec.6 the OEC contemplates three instances when the COMELEC maydeclare a failure of election and call for the holding of a special election: (1)when thee election in any polling place has not been held on the date fixedon account of force majeure, violence, terrorism, fraud and otheranalogous cases, (2) when the election in any polling place has beensuspended before the hour fixed by law for the closure of the voting; and(3) after the voting and during the preparation and transmission of theelection returns or in the custody or canvass thereof, such election resultsin a failure to elect. (Soliva et al vs. COMELEC, GR No. 141723, April20,2001)

2. The power to throw out or annul an election should be exercised with theutmost care and only under circumstances which demonstrate beyonddoubt either that the disregard of the law had been so fundamental or sopertinent and continuous that it is impossible to distinguish what votes are


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lawful and what are unlawful, or to arrive at any certain result whatsoever,or that the great body of voters have been prevented by viiolence,intimidation and threats from exercising their franchise There is failure ofelections only when the will of the electorate has been muted and cannotbe ascertained. (Benito vs. COMELEC, GR No. 134913,January 19,2001)

3. A special election should be held if the ballot box in the precinct wasburned.(Hassan vs. COMELLEC,264 SCRA 125)

4. The destruction of the copies of the election returns intended for theboard of canvassers is not a ground for the declaration of failure of electionas other copies of the returns can be used (Sardea vs. COMELEC,225SCRA 374)

5. The fact that less than 25% of the registered voters voted does notconstitute failure of election, since voting took place. (Mitmug vs.COMELEC,230 SCRA 54)

6. Lack of notice of the date and time of the canvass, fraud, violence,terrorism, and analogous causes, such as disenfranchisement of voters,presence of flying voters, and lack of qualifications of the members of theBoard of Inspectors are not grounds for declaration of failure of election butfor an election protest. (Borja vs. COMELEC,260 SCRA 604)

7. The fact that the names of some registered voters were omitted from thelist of voters, strangers voted for some of the registered voters, a candidatewas credited with less votes than he received, the control data of someelection returns were filled up, the ballot boxes were brought to themunicipal hall without padlock and seals, and that there was a delay in thedelivery of election returns are not grounds for the declaration of failure ofelection. (Canicosa vs. COMELEC, 282 SCRA 512)

8. An election cannot be annulled because of the illegal transfer of aprecinct less than 45 days before the election if the votes of those whowere not able to vote will not alter the result. (Balindong vs. COMELEC,260 SCRA 494)

9. There is no reglementary period for filing a petition for annulment of anelection if there has as yet been no proclamation. (Loong vs. COMELEC,


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257 SCRA 1)

10. The COMELEC may decide a petition to declare a failure of election enbanc at the first instance, since it is not a pre-proclamation case or anelection protest. (Borja vs. COMELEC, 260 SCRA 604)

In petitions to declare a failure of election on the ground of fraud,theCOMELEC may conduct a technical examination of election documentsand compare and analyze the signatures and fingerprints of the voters.(Loong vss. COMELEC,257 SCRA 1)

SPECIAL ELECTION TO FILL UP VACANCY

1. In case of permanent vacancy in Congress at least one year before the

expiration of the term, the COMELEC shall hold a special election notearlier than 90 days after the occurrence of the vacancy.2. A vacancy in the Senate will be filled up at the next regular election.(Section 4,RA 7166)

BOARD OF ELECTION INSPECTORS (BEI)

The Board of Election Inspectors shall be composed of a chairman and twomembers, all of whom are public school teachers.

If there are not enough public school teachers, teachers in private schools,employees in the civil service, or other citizens of known probity andcompetence may be appointed. (Section 13, RA 6646)

WATCHERS

Number1. Official watchers

Every registered party or coalition of parties and every candidate is entitledto one watcher per precinct and canvassing counter.

Candidates for the local legislature belonging to the same party are entitledcollectively to one watcher.


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Six principal watchers from 6 accredited major political parties shall berecognized. (Section 26, 7166)

2. Other watchers

The accredited citizens arm is entitled to a watcher in every precinct. Other civic organizations may be authorized to appoint one watcher inevery precinct. (Section 180, BP 881)

Important rights of watchers

1. All watchersa. To stay inside the precinctb. To inform themselves of the proceedings

c. To file a protest against any irregularityd. To obtain a certificate of the number of votes cast for each candidate(Section 179, BP881)2. Citizens Arm

To be given a copy of the election return to be used for the conduct of anunofficial count. (Section 1, RA 8045)

VIII. CASTING OF VOTES

1. The chairman of the Board of Election Inspectors should sign each ballotat the back. The omission of such signature does not affect the validity ofthe ballot.(Libanan vs HRET,283 SCRA 520) Under the rules prevailingduring the 1997 Barangay Elections, the failure to authenticate the ballotsshall no longer be cause for the invalidation thereof. (Malabaguio vs.COMELEC,346 SCRA 699)2. A voter who was challenged on the ground that he has been paid for thevote or made a bet on the result of the election will be allowed to vote if hetakes an oath that he did not commit the act alleged in the challenge.(Section 200,BP881)3. An illiterate or physically disabled voter may be assisted by a relative byaffinity or consanguinity within the fourth degree or any person of hisconfidence who belongs to the same household or any member of theBoard of Election Inspectors. (Section 196, BP881)4. It is unlawful to use carbon paper, paraffin paper or other means for


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making a copy of the contents of the ballot or to use any means to identifythe ballot.(Sec. 195,BP881). A ballot prepared under such circumstancesshould not be counted. (Gutierrez vs. Aquino, Feb,26,1959)

ABSENTEE VOTING

1. Members of the Board of Election Inspectors and their substitutes mayvote in the precinct where they are assigned. (Section 169, BP 881)2. Absentee voting for President, V-president and Senators are allowed formembers of the AFP, PNP, and other government employees assigned inconnection with the performance of election duties to places where theyare not registered. (Section 12, RA 7166)

RA NO. 9189 AN ACT PROVIDING FOR A SYSTEM OF OVERSEASABSENTEE VOTING BY QUALIFIED CITIZENS OF THE PHILIPPINES

ABROAD

Sec. 5. Disqualification. The following shall be disqualified from votingunder this Act:

a) Those who have lost their Filipino citizenship in accordance withPhilippine laws;

b) Those who have expressly renounced their Philippine citizenship and

who have pledge allegiance to a foreign country;

c) Those who have committed and are convicted in a final judgment by acourt or tribunal of an offense punishable by imprisonment of not less thanone (1) year, including those who have committed and been found guilty ofDisloyalty as define under Article 137 of the Revised Penal Code, suchdisability not having been removed by plenary pardon or amnesty:Provided, however, That any person disqualified to vote under thissubsection shall automatically acquire the right to vote upon expiration offive(5) years after service of sentence; Provided further, That theCommission may take cognizance of final judgments issued by foreigncourts or tribunals only on the basis or reciprocity and subject to theformalities and processes prescribed by the Rules of court on execution of

judgments;

d) An immigrant or a permanent resident who is recognized as such in the


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host country, unless he/she execute, upon registration, an affidavitprepared for the purpose by the Commission declaring that he/ she shallresume actual physical permanent residence in the Philippine not laterthan three(3) years from approval of his/her registration under this Act.Such affidavit shall also state that she/ he has no applied for citizenship in

another country. Failure to return shall be cause for the removal of thename of immigrant or permanent resident from the National Registry of

Absentee Voters and his/her permanent disqualification to vote in absentia.

e) Any citizen of the Philippines abroad previously declared insane orincompetent by competent authority in the Philippines or abroad, asverified by the Philippine embassies, consulates or foreign serviceestablishments concerned, unless such competent authority subsequentlycertifies that such person is no longer insane or incompetent.

SEC. 6 Personal Overseas Absentee Registration. Registration as anoverseas absentee voter shall be done in person.

Qualified citizens of the Philippines abroad who failed to register underRepublic Act No. 8189, otherwise known as The Voters Registration Act of1996, may personally apply for registration with the Election RegistrationBoard of the city or municipality where they were domiciled immediatelyprior to their departure from the Philippines, or with the representative of

the Commission of the Philippine embassies, consulates and other foreignservice establishments that have jurisdiction over the locality where theytemporarily reside. Subject to guidelines herein provided, the Commissionis hereby authorized to prescribe procedures for overseas absenteeregistration pursuant to the provisions of Republic Act No. 8189, wheneverapplicable, taking into strict consideration the time zones and the variousperiods and processes herein provided for the proper implementation ofthis Act. The embassies, consulates and other foreign serviceestablishments shall transmit within five (5) days from receipt theaccomplished registration forms to the Commission after which theCommission shall coordinate with the Election Officer of the city ormunicipality of the applicants stated residence for verification, hearing andannotation in the permanent list of voters.

All applications for the May 2004 elections shall be filed with theCommission not later than two hundred eighty (280) calendar days before


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the day of elections. For succeeding elections, the Commission shallprovide for the period within which applications to register must be filed.

In the case of seafarers, the Commission shall provide a specialmechanism for the time and manner of personal registration taking into

consideration the nature of their work.

6.1 Upon receipt of the application for registration, the Election Officer shallimmediately set the application for hearing, the notice of which shall beposted in a conspicuous place in the premises of the city or municipalbuilding of the applicants stated residence for at least one (1) week beforethe date of the hearing. The Election Officer shall immediately furnish acopy of the application to the designated representatives of political partiesand other accredited groups.

6.2 If no verified objection to the application is filed, the Election Officershall immediately forward the application to the Election RegistrationBoard, which shall decide on the application within

50995056 Election Laws Reviewer

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