Election law
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Transcript of Election law
Election Law Notes
Outline
1) Commission on Elections 6. Election Day; Casting and Counting
2) Voters and Voter 7. Canvassing and Registration Pre-Proc
3) Elective Officials and 8. Post-Proc. Candidates Election Protest,
Quo Warranto 4) Campaign Annulment and
Election Offense
5) Elections: Postponement and Failure
1) Commission on Elections
Enforcement: All election laws (persons and policies)
Judicial Power: Qualifications, Election Contests, Not suffrage
Jurisdiction: Original - Regional, Provincial and City; Appellate - Municipal, Barangay and Sangguniang Kabataan
Recourse: En Banc (MR, administrative) and Division (1st instance, judicial)
Process: Division - MR to En Banc - Certiorari to SC
1) Commission on Elections
Judicial: Disqualification, Election Protest, Quo Warranto, Pre- Proclamation, Annulment of Proclamation
Administrative: Failure of Elections, Postponement of Elections,
Election Offense, Annulment of Book of Voters
Contempt: Judicial, not Administrative
2) Voters: Concepts
Suffrage is a Right, Not ObligationQualifications defined in ConstitutionProcedural Requirements allowed,
Substantive not allowedDisqualifications defined in StatuteMust allow: Absentee Voting, Dual Citizens,
Disabled and Illiterates to VoteRelationship with Right to Run for Office
2) Voters: Qualifications
Filipino CitizenAt least 18 years of age on election dayResident in Philippines for at least 1 year
prior to election dayResided in place wherein propose to vote for
at least 6 months prior to election dayFree from DisqualificationsIn order to vote, must be a registered voter
2) Voters: Disqualifications
Sentenced by final judgment – imprisonment of 1 year or more
Sentenced to suffer accessory penalty – political rights
Adjudged by final judgment – crime involving disloyalty
Court-declared insane and incompetent persons
2) Voters: Registration
ContinuingComputerized List200 Voter-PrecinctPermanent but may be changed (+ or -): New
Voters; Transfer;Deactivation and Activation; Cancellation;
Inclusion and Exclusion; andAnnulment of Book of Voters
2) Voters: Opposition
Where Oppose? Election Registration Board
How Oppose? File Written Opposition
Why Oppose? Not Qualified, Fictitious
2) Voters: Deactivation
When Disqualified to Vote; Failed to Vote in 2 preceding elections
When Registration Excluded by the Court
When Lose Filipino Citizenship
2) Voters: Inclusion/ Exclusion
Where File? MTC (not Comelec), then RTC
Grounds? Disapproval or Name Stricken Out (Inclusion); Not Qualified or Voter Not Real (Exclusion)
2) Voters: Inclusion/ Exclusion
File Petition (refer to 1 precinct; ERB members as Respondents)
Service of Notice (4 modes)Any Voter, Candidate or Political Party may
InterveneSummary Proceedings (not conference inside
Chambers)Presentation of Evidence (No Stipulation of
Facts)Decision within 10 days from FilingAppeal with RTC (5 days)
2) Voters: Annulment of BV
Where File? COMELEC
Who Files? Any Voter, EO or Party
What Grounds? Book Prepared Improperly, Preparation Attended with Vice or Fraud, Book contains Statistically Improbable Data
2) Voters: Election Day
Illegal VoterNot registered; Use another name;
Disqualified; Multiple Registrant (allowed to vote if properly identified)
Illegal ActVote-Buying; Vote-Selling; Vote-Betting:
Promise to induce or withhold vote (allowed to vote if take oath)
3) Officials: Elective
National OfficePresident; Vice-President; Senators (24; 1/2);
Representatives (District and Party-List)Local OfficeLCE: Governor, Mayor and Punong Barangay;
VLCE: Vice-Governor and Vice-Mayor; Sanggunian Members; Sangguniang Kabataan
3) Officials: Party-List
Multi-Partism/ Party Loyalty/ Social Justice
Exclusive to Marginalized/ Nominees Organic
Only in House (20% of Total)
2% Threshold (and until filled up)
3-Seat Maximum
3) Officials: Candidate
Definition: Seeks public office and files certificate of candidacy
Effect of Non-Filing: Not a candidate (re: liability for unlawful acts and omissions)
Effect of Filing: On Tenure of Incumbents (elective and appointive)
3) Officials: Substitution
2 Grounds – Death, Withdrawal and Disqualification
Both Substituted and Substitute must be QualifiedWhen? Up to mid-day of election day (Rules might
set earlier deadline)Substitute? Qualified and Same Party (or spouse)Substituted can no longer run for any other
position/ Withdrawal not affect liabilitiesVotes cast for substituted stray unless same
surname
3) Officials: Qualifications
Set by the Constitution (for national) and statutes (for local)
CitizenshipAgeResidencyRegistered VoterLiteracyFree from DisqualificationsUndergo Drug Test under CDDA of 2002
(unconstitutional)
3) Officials: Disqualifications
Lack qualifications/ possess some disqualifications
Violate Term Rule (1-2-3 terms)Commission of an election offenseNuisance CandidateSentenced by Final Judgment – accessory penaltyWilfully Commits Material MisrepresentationNo valid, timely and properly filed certificate of
candidacy
3) Officials: Disqualifications
Lack of Qualifications
Where File: Comelec Division
When File: Before Proclamation
If Not File: Quo Warranto
3) Officials: Disqualifications
Election OffenseWhat Offenses? Vote-Buying, Terrorism,
Unlawful Expenditures,Unlawful Campaign, Coercion of
Subordinates, Threats, Prohibition against Release of Public Funds
Where File? Comelec DivisionWhen File? Before ProclamationIf Not File? Election Protest and/ or Election
Offense
3) Officials: Disqualifications
Nuisance CandidateWho Is? Campaign Capability, Intention,
Performance, Exposure, Platform, Party Affiliation, Organization, Profession, Income, Health, Education, Name
Where File? Comelec DivisionWhen File? Within 5 days from Last Day
Filing of Certificate of CandidacyIf Not File: No remedy
3) Officials: Disqualifications
MisrepresentationMisrepresentation must be Material (pertains
to Qualifications and Disqualifications) and Willful/ Deliberate; Even if there is ‘Misrepresentation”, if actually Qualified – Not Disqualified
Where File? Comelec DivisionWhen File? 25 days from Filing of CoCIf Not File: No remedy
4) Campaign: Concept
Definition: Act designed to promote or defeat a candidate
Determining Factor: Intent/ Design (not all acts of beneficence are considered campaigning)
Application: All Candidates for All Elective Offices
Current Framework: Regulated but Liberalized
4) Campaign: Allowable Forms
Forming OrganizationsHolding RalliesMaking SpeechesDistributing Campaign MaterialsSoliciting VotesPublishing Advertisements
4) Campaign: Propaganda
Paid Political AdvertisementsFree Space and AirtimeUse of Gadgets and BillboardsPrivate Poster AreasPosting in Private PlacesElection Surveys and Exit Polls
4) Campaign: Written Forms
Printed Materials (8.5”Wx14”L)
Letters
Posters (2’x3’), Poster Areas (12’x16’)
Rally Streamers (3’x8’)
4) Campaign: Paid Ads
Print: 1/4th page in broadsheet, ½ in tabloid 3x a week
Television: 120 minutes (for national) and 60 minutes (for local)
Radio: 180 minutes (for national) and 90 minutes (for local)
5) Elections: Postponement
Grounds: Force majeure, Violence, Terrorism, Loss or Destruction of Election Paraphernalia, and Analogous Causes
Extent: Serious and Impossible to have free and orderly elections
Conditions: Grounds must exist before voting
Authority: Comelec en banc (petition or motu propio)
5) Elections: Failure
Grounds: Force majeure, Violence, Terrorism, Fraud, and Analogous Causes
Extent: Failure to elect and affect results of elections
Conditions: Election not held or suspended, After voting, During preparations or transmission of election returns, Canvassing
Authority: Comelec en banc (petition)
6) Election Day: Pre-Casting
Polling Places are OpenedElection Paraphernalia and Book of Voters
Presented and Examined in PublicBEI Chair Opens Ballot Box (turn upside
down)BEI Locks Ballot BoxBEI Chair and Poll Clerk Sign at the Back of
Each BallotWatchers Present their Credentials
6) Election Day: Casting
Voters Vote in Order of their Entrance
Voter Approaches BEI Chair
BEI Verifies Identity
BEI Chair Announces Name (Voter may be Challenged: Illegal Voter or Illegal Acts)
Voter Signs in EDCVL
BEI Chair Enters Ballot Number in EDCVL
6) Election Day: Casting
BEI Chair Signs at the Back of BallotBEI Chair Delivers 1 Ballot to VoterVoter Proceeds to Voting Booth (If Voter
spoils ballot, must be surrendered and given another)
Voter Delivers Folded Ballot to BEI ChairVoter Affixes Thumbmark in CouponBEI Chair Verifies Ballot NumberVoter Affixes Thumbmark in EDCVL
6) Election Day: Casting
Chair applies indelible ink on right forefinger nail of voter
BEI Chair Signs EDCVL
BEI Chair Detaches Coupon and Deposit Folded ballot in Compartment for Valid Ballots and Coupon in Compartment for Spoiled Ballots
Voter Departs
6) Election Day: Counting
Counting in Public and Without InterruptionBallot Box Opened and Ballots CountedExcess Ballots Disposed ofMarked Ballots Ascertained and Not CountedBallots Unfolded, then Placed in Piles of 100, then
Read Ballots of 1stPile 1-by-1, BEI Chair Affixes Thumbmark, Totals
after Reading of eachPileDuring Counting, Chairperson reads names, Poll
Clerk Records onElection Returns, 3rd Member Records on Tally
Board
6) Election Day: Counting
Rules on Appreciation Followed (Objections may be made)
Valid Ballot
Intent Rule
3 Ss: Surname, Sitting Official (Incumbent) and Slate
Distinguish Stray Vote and Invalid Ballot
6) Election Day: Counting
Proclamation of Results (Alterations and Corrections can be made before Announcement)
Sealing of Counted Ballots and Election Returns and Certification of Tally Sheet
Issuance of Certificate of Votes
Delivery of Ballot Boxes and Election Paraphernalia to Local Treasurer
7 Copies of Election Returns Distributed
7) Canvassing: Concepts
Collegial Body: Board of Canvassers
Determination: Due execution and authenticity of ERs and CoCs
Scope: Canvassing, Pre-Proclamation Controversies or Manifest Errors,
and Proclamation
7) Canvassing: Pre-Proc
Grounds Exclusive (BoC Composition/ Proceedings and ER/ CoC)
No Pre-Proclamation Cases for National Positions (only Manifest Errors)
Face of Election Returns (No evidence aliunde)
Not violence, voting, voters, appreciation of ballots
2-Objection Rule: Verbal then Written
7) Canvassing: Pre-Proc
ER/ CoC Delayed or Destroyed
Delayed (retrieval)
Lost or Destroyed (use other copies; with Comelec authority
7) Canvassing: Pre-Proc
Material Defects
Material Defects: Name of Candidate Omitted, or Votes of Candidate
Omitted (BEI to correct or recount)
Formal Defects: Not Sealed with Inner Paper Seal, No Outer Paper Seal/ Seal Broken, # of Registered Voters Not Stated, No Closing Signature by BEI, Not Signed by Watchers
7) Canvassing: Pre-Proc
ER/ CoC Falsified/ Spurious
Grounds: Not Signed by BEI, Prepared by Non-BEI, No Security Markings, Prepared by BEI under Duress, or Contain Erasures (affect integrity)
Recourse: use other copies or recount
7) Canvassing: Manifest Errors
Any Palpable Error
Copies of ER tabulated more than 1x
2 Copies of ER tabulated separately
Mistake in adding
Mistake in copying of figures in statement of votes
ERs from non-existent precincts canvassed
8) Post-Proc: Election Protest
Grounds: Fraud and Irregularities in Casting, Counting and Canvassing
Documents in Question: Ballots, ERs and CoCsVenue: P/VP; Senators; Representatives; Regional;
Province; City;Municipality; BarangayRequirements: Filed by candidate; Within period;
Protestee proclaimed; Payment of filing fee; Allegations of fraud; Identify precincts; Verified; Certificate of non-forum shopping
Procedure: Revision; TrialIf prosper: protestee removed, true winner
proclaimed
8) Post-Proc: Quo Warranto
Grounds: Disloyalty to Republic; Ineligibility
Venue: Same as Election Protest
If prosper: Respondent ousted; special elections or succession
8) Post-Proc: Annulment
Grounds: Proclamation based on irregular and illegal canvass
Venue: Comelec division
Effect: Proclamation annulled
8) Post-Proc: Election Offense
Grounds: Violation of Election Code, Commission of Prohibited Acts
Investigation: Law Department or Prosecutors
Venue: Regional Trial Court
Effect: Disqualification, Fine/ Imprisonment