Election Laws Reviewer.pdf
Transcript of Election Laws Reviewer.pdf
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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 of public
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 a definite and fixed
period and to whom they entrust for the
time being as their representatives the
exercise of the powers of the government, It
involves the choice of selection of
candidates to public office by popular vote.
Plebiscite – a vote of the people expressing
their choice for against a proposed law or
enactment submitted to them. An election
at which any proposed amendment to or
revision of the Constitution is submitted to
the people for their ratification. A
constitutional requirement o secure the
approval of the people directly affected,
before certain proposed changes affecting
local governments units may beimplemented.
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 the people though initiative.
Referendum- it is at he submission of a law
pass by the national or local legislative body
to the registered voters of an election called
for the purpose for their ratification or
rejection.
Recall- it is a method by which a public
officer may be removed from office during
his tenure or before the expiration of his
term by a vote of the people after
registration of a petition singed by a
required percentage of the qualified voters.
Since the right of suffrage is a political and
not a natural right, it is within the power of
the state prescribe the manner in which
such right shall be exercised. Congress is
mandated by the Constitution (Sec.2, Art.
V):
To provide a system for securing the
secrecy and sanctity of the ballot, and for
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 the Philippines Bar
who have been engaged in the practice of
law for at least 10 years (reason: COMELEC
exercises quasi-judicial powers)
The Chairman and Members are appointed
by the president with the consent of the
commission on Appointment for the term
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seven (7) years without reappointment on a
staggered basis to make the COMELEC a
continuing and self-perpetuating body.
Consequently, its members would have the
benefit of the experience and expertise of
the order members of the performance of its
functions, and makes for greater
responsibility for its policies and decisions
and serve as guarantee against arbitrary
action which is likely to occur in a body
handling partisans questions.
A member appointment and designations in
temporary or acting capacity 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 which in any ay
may be affected by the functions of his
office
4. Shall not be financially interested,
directly or indirectly, in any contract with,
or in any franchise or privilege granted by
the Government, any of its subdivisions,
agencies or instrumentalities, including
GOCC s or their subsidiaries.
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 reduced by
statute.
The chairman and members cannot be
removed except by impeachment.
The chairman and members are given fairly
long term of office of seven years.
The chairman and members may not be
reappointed or appointed in an acting
capacity.
The salaries of the chairman and members
are relatively high and may not be
decreased during continuance in office.
The COMELEC enjoy fiscal autonomy.
The COMELEC may promulgate its own
procedural rules, provided they do not
diminish, increase or modify substantive
rights (though subject to disapproval by the
Supreme Court)
The Chairman and Members are subject to
certain disqualifications calculated to
strengthen their integrity.
The COMELEC may appoint their ownofficials and employees in accordance 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 of election cases,
including pre-proclamation controversies.
All such election cases shall be heard and
decided in division, provided that motions
for reconsideration of decision shall be
decided by COMELEC en banc”
The Supreme Court set aside the
resolutions/decisions of the COMELEC
because dthe COMELEC en banc tokk
original cognizance of the cases without
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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 be elevated to the
COMELEC en banc. (Kho vs. COMELEC,
279 SCRA 463)
The following cases must be decided in
Division before they may be heard en bnc
on motion for reconsideration:
• Petition to cancel a certificate of
candidacy. (Garvida vs. Sales, 271 SCRA
764)
• Cases appealed from the RTC or MTC
(Zarate vs. COMELEC,318 SCRA 608)
• Petition for certiorari involving incidental
issues of election protest.(Soller vs.
COMELEC,339 SCRA 685)
The COMELEC en banc, however, may
directly assume jurisdiction over petitions
for correction of manifest errors in thetabulation or tallying of results (Ststement
of votes) by the Board of Canvassers,
notwithstanding that the same is a pre-
proclamation comtroversy. Section 5, Rule
27 of the 1993 Rules of the COMELEC
expressly provides that pre-proclamation
controversies involving correction of
manifest errors in the tabulation of results
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 a
majority vote of all its Members any case or
matter brought before it within sixty days
from date of its submission for decision or
resolution. A case or matter is deemed
submitted for decision or resolution upon
the filing of the last pleading, brief, or
memorandum required by the rules of the
Commission or by the Commission itself.
Unless otherwise provided by the
Commission or by law; any decision, order,
or ruling of each Commission may be
brought to the Supreme Court on certiorari
by the aggrieved party within 30 days from
receipt of a copy thereof.”
The COMELEC shall decide by a majority
vote of all its members in any case or
matter brought before it within 60 days
from date of its submission for decision or
resolution. Two members shall constitute a
quorum for the transaction of the official
business of the Division. A case being heard
by it shaa be decided with the unanimous
concurrence ofc all three Commissioners
and its decision shall be considered a
decision of the commission. If this requirednumber is not obtained, as when there is a
dissenting opinion, the case may be
appealed to the Commission en banc, in
which case the vote of the majority shall be
the decision of the Commisssion.
The court holds that 2-1 decision rendered
by the First Division was a valid decision
under ART IX-A ,Section 7 of the
Constitution. Furthermore, the three
members who voted to affirm the First
Division constituted a majority of the five
members who deliberated and voted
thereon en banc and their decision is also
valid under the aforecited constitutional
provisions. (Cua vs. COMELEC, 156 SCRA
587)
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One who is no longer a member of the
COMELEC at the time the final decision or
resolution is promulgated cannot validly
take part in that resolution or
decision,much more could he be the
ponente of the resolution or 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. The Rules 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 the
construction of public works projects within45 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 which matters
involving the title or claim to an elective
office made before or after proclamation of
the winner,is settled whether or not the
contestant is claiming the office in dispute.
It is neither a civilk action nor crimianal
proceeding;it is a summary proceeding of a
political character. Its purpose is to
ascertain the candidate lawfully elected to
office.(Javier vs. COMELEC,144 SCRA 194)
The COMELEC has exclusive appellate
jurisdiction over,inter alia, contest involving
elective barangay officials decided by trial
courts of limited jurisdiction.(Beso vs.
abolla,327 SCRA 100)
The provision of RA 6679 granting appellate
jurisdiction to the RTC over decisions of
MTCs in electoral cases involving elective
barangay officials is unconstitutional.
(Flores vs. COMELEC,184 SCRA 484)
The COMELEC is the proper appellate court
clothed with jurisdiction to hear the appeal,
which must first be filed wiyhin 5 days after
the promulgation of the MTCs
decision(Antonio vs. COMELEC,315 SCRA
62)
The election of SK are goverened by the
Omnibus Election Code. Any contest
relating to the election of the SK (including
the chairman whether pertaining to their
eligibility or the manner of their election is
cognizable by MTCs,MTCCs, and MeTCs. It
is the proclamation which marks off the
jurisdiction of the courts from the
jurisdiction of election officials. (Marquez
vs. COMELEC, 313 SCRA 103)
The COMELEC has appellate jurisdiction
over election protest cases involving 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 to vote which
includes qualifications and disqualifications
of voters, the right of a person to be
registered as voter, the right to cast his
vote, and other allied questions. Such
questions shall be decided by the courts.(
Naciionalista Party vs. COMELEC, 84 Phil
49)
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Election contests involving elections of SK
officials do not fall within section 252 of the
OEC and paragraph 2,section ART.IX-C of
the Constitution and no law in effect prioir
tom the ratification of the constitution has
made the SK Chairman an elective
barangay official. SK elections are under
the direct control and supervision of the
DILG. (Ahman vs. Mirasol,276 SCRA 501)
Decisions/determinations made by the
COMELEC in the exercise of this power,
being merely administrative(not quasi
judicial) in character, may be questioned in
an ordinary civil action before the trial
courts.(Filipinas Engineering vs. Ferrer,135
SCRA 25)
• Deputize law enforcement agencies withthe concurrence of the President
• Register political parties and accredit its
citizens arms
• File petitions, investigate and prosecute
• Recommend measures to improve election
laws
• Recommend the imposition of disciplinaryaction upon an employee it has deputized
for violation of its order.
Since the COMELEC can recommend that
disciplinary action be taken against an
officer it had deputized, idt can investigate
an administrative charge against such an
officer to determine whether or not it
should recommend 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 or permits for the operation of
transportation and other public utilities,
media of communication or information, all
grants special privileges, or concessions
granted by the Government or any
subdivision, agency or instrumentality
thereof, including any government-owned
or controlled corporation or its subsidiary.
Such supervision or regulation shall aim to
ensure equal opportunity, time, and space
and the right to reply, including reasonable
equal rates therefor, for public information
campaigns and forums 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 of ensuring
free, orderly, honest, peaceful and credibleelections and only during the election
period. Note that GOCCs are among those
that may be supervised and regulated by
the COMELEC.
The SC upheld the validity of Section 11(b),
RA 6646, prohibiting the sale odr donation
of print space or airtime for political
advertisements, and the authority of the
COMELEC to procure print space (upon
payment of just compensation) and freeairtime 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 qualified individuals or
groups of individuals for the purpose of
determining the probable result of an
election by confidentially asking randomly
selected voters whom they have voted for,
immediately after they have officially cast
their ballot.(ABS-CBN Broadcasting
corporation vs. COMELEC,323 SCRA 811)
An absolute prohibition would be
unreasonably restrictive,because it
effectively prevents the use of exit poll data
not only for election-day projections,but
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also for long term research. The COMELEC
concern with the possible non
communicative effect of exit polls-disorder
and confusion in the voting centers- does
not justify a total ban on them. The holding
of exit polls and the dissemination of their
results through mass media constitute an
essential part of freedom of speech and of
the press. The reason behind the principle
of ballot secrecy is to avoid vote buying
through voter identification (ABS-CBN
Broadcasting Corporation vs. COMELEC)
The SC held that SEC 5.4 of the Fair
Election Act prohibiting publication of
survey results 15 days immediately
preceding a national election and 7 days
before a local election violates theconstitutional rights of
speech,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 even though such
suppression is only for a limited period; and
c. The governmental interest sought to be
promoted can be achieved by means other
than the suppression of freedom of
expression. (Social Weather 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 omission of a
municipality or an error in the name of a
municipality and does not include the
power to make a reappointment of
legislative districts. (Montejo 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 and does not
authorize the COMELEC to transfer
municipalities from one legislative district
to another. (Montejo,supra)
• Pardon violators of election laws.
• Promulgate rules of procedure concerning
pleadings and practice before it 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 haveconcurrent jurisdiction to issue writs of
certiorari, prohibition, and mandamus over
decisions of trial courts of general
jurisdiction in election cases involving
elective municipal officials. The court takes
jurisdiction first shall exercise exclusive
jurisdiction over the 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.
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The COMELEC has the power to cite for
contempt, but this power may be exercised
only while the COMELEC is engaged in the
performance of quasi-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 officials
required 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 the holding
of election
11. Prescribe the use or adoption of the
latest technological and electronic devices
12. Carry out continuing and systematic
campaign to educate the public about
elections
13. Fix other reasonable periods for certain
pre-election requirements.
14. Enlist non-partisan groups to assist.
JUDICIAL REVIEW OF DECISIONS
Any decision, order or ruling of the
COMELEC en banc may be brought to the
SC on certiorari by the aggrieved party
within 30m days from receipt of the copy
thereof. When the Supreme Court reviews a
decision of the COMELEC, the court
exercises extraordinary jurisdiction, thus
the proceeding is limited to issues involving
grave abuse of discretion resulting in lack
or excess of jurisdiction and does not
ordinarily empower the court to review the
factual findings of the COMELEC. (Aratuc
vs. COMELEC,88 SCRA 251)
The mode by which a decision, order or
ruling en banc may be elevated to the SC is
the civil action of certiorari under Rule 65
of the 1964 Revised Rules of Court, now
expressly provided in Rule 64, 1997 Rules
of Civil Procedure, as amended. (Ambil vs.
COMELEC,344 SCRA358)
A special civil action for certiorari is the
proper remedy to question any final order,
ruling and decision of the COMELEC
rendered in the exercise of its adjudicatory
or quasi-judicial powers.(Guerero vs.
COMELEC,336 SCRA 458)
What is contemplated by the term “final
orders, rulings and decisions” of the
COMELEC reviewable by certiorari by theSuprerme Court as provided by law are
those rendered in actions or proceedings
before the COMELEC and 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 and regulations
governing the conduct of plebiscite, is not
issued pursuant to the COMELEC’s quasi-
judicial functions but merely as an incidentof its inherent administrative functions over
the conduct of plebiscites, and any question
pertaining to the validity of said resolution
may be well taken in an ordinary civil
action before the trial courts.(Salva ,supra)
The alleged nature or the COMELEC to
implement its resolution ordering the
deletion of a candidate’s name in the list of
qualified candidates does not call for the
exercise of the SC’s function of judicial
review as it is undoubtedly administrative
in nature, beyond judicial
interference.(Chavez vs. COMELEC, 211
SCRA 315)
A resolution of the COMELEC awarding a
contract for the supply of voting booths to a
private party, as a result of its choice
among various proposals submitted in
response to its invitation to bid, is not
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reviewable by certiorari as it is not order
rendered in the legal controversy before it
but merely as incident to its inherent
administration functions over the conduct
of elections. Any question arising from said
order may be taken in an ordinary civil
action. (Filipinas Engineering vs.
COMELEC, 344 SCRA 358)
The Supreme Court has no power to review
via certiorari, an interlocutory order 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 be reviewed by the
COMELEC en banc decision may bebrought to the supreme Court on certiorari.
(Ambil vs. COMEL, 358)
VOTERS: QUALIFICATION AND
REGISTRATION
Qualification for Suffrage
Filipino citizenship- it may be by birth or
naturalization.
Age- a person may be registered as a voter
although he is less than 18 years 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 where he
proposes to vote immediately preceding the
election. Any person who, on the days of
registration may not have been reached the
required period of residence but who, on
the day of election shall possess such
qualification, may register as voter.
No literacy, property or other substantive
requirement shall be imposed on the
exercise of suffrage.
Any person who temporarily resides in
another city municipality or country solely
by reason of occupation, profession,
employment in public or private service,
educational activities, work in the military
or naval reservations within the Philippines,
service in the AFP, PNP or confinement or
detention in government institutions, shall
not deemed to have lost his original
residence. (Sec. 9, RA 8189)
In election cases, the Supreme Court treats
domicile and residence and residence as
synonymous terms. In order to acquire a
new domicile by choice, there must concur
(1) residence or bodily presence in the new
locality;(2) an intention to remain there;
and (3) an intention to abandon the old
domicile. The residence at the place chosen
for the new domicile must be actual.
(Romualdez vs. RTC,226 SCRA 406)
Disqualifications
1. Any person sentenced by the final
judgment to suffer imprisonment for notless than one year.
2. Any person adjudged by the final
judgment of having committed
(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
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• 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 conducted
daily in the office of the Election Office
during regular office hours. No registration
shall, however, be conducted during the
period starting 120 days before a regular
election and 90 days before a special
election. (Sec. 8, RA 8189)
The Supreme Court upheld the validity of
the COMELEC resolution denying the
petition of certain youth sectors to conduct
a special registration: “Petitioners were notdenied the opportunity to avail of the
continuing registration under RA 8189..the
law aids the vigilant and not those who
slumber on their rights…
“In a representative democracy the right of
suffrage, although afforded a prime niche in
the hierarchy of right embodied in the
fundamental law., ought to be exercised
within the proper bounds frames and
framework of the Constitution and mustproperly yield to pertinent laws skillfully
enacted by the Legislature…”
“The right of suffrage ardently invoked by
herein petitioners is not at all absolute…the
exercise of suffrage, as the enjoyment of all
other rights subject to existing substantive
and procedural requirement embodied in
our Constitution, statute books and other
repositories of law.” (AKBAYAN – 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 (15 days) [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 Election Registration
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
municipality
ii. Representative of political party
iii. 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 daysbefore regular election or 75 days before a
special election. (Sec. 24, RA 8189)
b. Exclusion – Any time except 100 days
before a regular election or 65 days 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)
c. Notice
i. Parties to be notified
5. Inclusion – Election Registration Board
i. ii Exclusion –
6. Election Registration Board
7. Challenged voters [Sec. 32(b), RA 8189]
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8. Manner
Notice stating the place day and hour of
hearing shall be served through any 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 in the city or
municipality at least 10 days before the
hearing (Sec. 32(b), RA 8189)
Any voter, candidate or political party
affected may intervene. (Sec. 32c, RA 8189)
Non-appearance is prima facie evidence theregistered 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 registered political party
or motu propio, the COMELEC may annul a
list of votes which was not prepared in
accordance with RA 8189 or whose
preparation was affected with fraud,
bribery, forgery, impersonation,
intimidation, force or other similar
irregularity or statistically improbable.
2. No list of voters shall be annulled within
60 days before an election (See. 33, RA
8189)
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 COMELEC’s administrative
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
right of suffrage guaranteed by the
Constitution is not tampered when a list of
fictitious voters is excluded from an
electoral exercise. (Sarangani vs.
COMELEC, 334 SCRA 379)
Election precinct is the basic unit of
territory established by the COMELEC for
the purpose of voting.
A polling place refers to the building orplace where the board of election inspectors
conduct proceedings and where the voters
cast their votes.
Voting center refers to the building or place
where the polling place is located.
List of voters refers to an enumeration of
names of registered voters in a precinct
duly certified by the Election Registration
Board for use in the election.
Book of voters refers to the compilation of
all registration records in a precinct.
Signature of Chairman at back of every
ballot
In every case before delivering an official
ballot to the voter, the Chairman of the BEI
shall, in the presence of the voter, affix his
signature at the back thereof. Failure to so
authenticate shall be noted in the minutes
of the BEI and shall constitute an election
offense punishable under Sections 263 and
264 of the OEC.
IV. POLITICAL PARTIES AND PARTY – LIST
SYSTEM
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Political party or party when used in the
OEC means an organized group of persons
pursuing the same ideology, political ideas
or platforms of government and includes its
branches or divisions. A political party may
refer to a local regional or national party
existing and duly registered and accredited
by the COMELEC. To acquire juridical
personality, qualify for accreditation, and to
be entitled to the rights of political parties,
a political party must be registered with the
COMELEC. The following political parties
cannot be registered.
1. Religious sects
2. Those which seeks to achieve their goals
through unlawful means
3. Those which refuse to adhere to theConstitution
4. Those that are supported by any foreign
government
GROUNDS FOR CANCELLATION OF
REGISTRATION
1. Accepting financial contributions from
foreign governments or their agencies (for
partisan election purposes.) (Sec.2(5), Art IX
– C, PC)2. It is a religious sect or denomination,
organization or association organized for
religious purposes.
3. It advocates violence or unlawful means
to seek its goal
4. It is a foreign party or organization
5. It violates or fails to comply with laws,
rules and regulations relating to elections
6. It declares untruthful statements in its
petition
7. It has ceased to exist for at least one year
, and
8. Fails to participate in the last two
preceding elections, or fails to obtain at
least 2% of the votes cast under the party –
list system in the two preceding elections
for the constituency in which it was
registered.
• A party which fails to obtain at least 10%
of the votes cast in the constituency in
which it nominated candidates in the
election next following its registration shall
forfeit its registration.
Party System. A free and open party system
shall be allowed to evolve according to the
free choice of the people. [Sec 2(5) Art. IX –
C, PC]
The Party – List System, is a mechanism of
proportional representation in the election
of representatives to the House of
Representatives, from national, regional
and sectoral parties, organizations and
coalitions thereof registered with the
COMELEC. The Party – list system wasdevised to replace the reserve seat system –
the very essence of the party – list system 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 marginalized andunderrepresented groups identified in Sec.
5 of RA 7941. majority of its membership
should belong to the marginalized and
underrepresented;
Proportional representation refers to the
representation of the marginalized and
underrepresented as exemplified by the
enumeration in Sec/ 5 of the law, namely;
labor peasant, fisherfolk, urban poor,
indigenous cultural communities, elderly,
handicapped, women youth, veterans,
overseas workers and professionals. The
party – list organization or party must
factually and truly represent the
marginalized and underrepresented
constituencies mentioned in Sec. 5 .(Ang
Bagong Bayani – OFW Labor Party, et al vs.
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COMELEC et al GR No. 147589. June 26,
2001)
2. While even major political parties are
expressly allowed by RA 7941 and the
Constitution, they must comply with the
declared statutory policy of “Filipino
citizens belonging to marginalized and
underrepresented sectors to 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 – list elections,
except for purposes of May 11, 1998
elections. The requisite character of these
organizations must be consistent with thepurpose of the party – list system, as laid
down in the Constitution and RA 7941 . . .
Under the Constitution and RA 7941,
provide respondents cannot be disqualified
from the party list elections, merely on the
ground that they are political parties. Sec. 5
Art. VI of the Constitution provides that
members of the House of Representatives
may be elected through a party – list
system of registered national, regional andsectoral parties or organizations.
Furthermore, under Secs. 7 and 8, Art IX –
C of the Constitution, political parties may
be registered under the party – list system.
(Ang Bagong Bayani – OFW Labor Party, et
al vs. COMELEC, et al. GR No. 147589,
June 26, 2001)
3. That religious sector may not be
represented in the party – list system,
except that priest, imam or pastors may be
elected should they represent not heir
religious sect but the indigenous
community sector.
4. A party or an organization must not be
disqualified under Sec. 6, RA 7941;
5. The party organized must not be adjunct
of, or a project organized or an entity
funded or assisted by, the government;
6. The party, including its nominees must
comply with the qualification requirements
of Sec. 9, RA 7941 as follows: No person
shall be nominated as party list
representative unless he is:
a. natural – born – citizen of the Philippines
b. a registered voter,
c. a resident of the Philippines for a period
not of no less than one year immediately
preceding the day of the election;
d. able to read and write;
e. a bonafide member of the party or
organization which he seeks to representfor at least 90 days preceding the day of the
election; and
f. 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 the day of the election. Any
youth sectoral representative who attains
the age of 30 during his term shall be
allowed to continue in office until the
expiration of his term.
7. Not only the candidate party or
organization must represent marginalized
and underrepresented sectors, so also must
its nominees;
8. While lacking a well – defined political
constituency, the nominee must likewise be
able to contribute to the formation and
enactment of appropriate 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
(4) proportional representation.
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• The Constitution makes the number of
district representatives the determinant in
arriving at the number of seats allocated for
party list lawmakers, a formulation which
means that any increase in the number of
district representatives, an as may be
provided by law, will necessarily result in a
corresponding increase in the number of
party – list seats . . . ..
• Sections 5 (2), Art. VI of the Constitution
is not mandatory, it merely provides a
ceiling for party – list seats in Congress . .
Obtaining absolute proportional
representation is restricted by the three-
seat-per-party limit to a 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 remaining number of seats
to be allocated by the total number of votes
obtained by that party and dividing the
product by the total number of votes
garnered by all the qualified parties.
The Niemeyer formula, while no doubt
suitable for Germany, finds no applicationin the Philippine setting because of our
three seat limit and the non – mandatory
character of the twenty percent allocation.
(Ang Bagong Bayani – 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, PC
1. President and Vice President
2. Senators
3. Congressmen – District and Party – List
Representatives
B. Local – Sec.39, Local Government Code
Qualifications prescribed by law are
continuing requirements and must be
possessed for the duration of the officer’s
active tenure. Once any of the required
qualifications is lost, his title to the office
may be seasonably 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 the qualification
of IRMarcos despite her own declarations in
her certificate of candidacy that she had
resided in the district for only seven months
because of the following:
1. A minor follows the domicile of his
parents; Tacloban became IRMs domicile of
origin by operation of law when her father
brought the family to Leyte;
2. Domicile of origin is lost only when there
is actual removal or change of domicile, a
bonafide intention of abandoning the
former residence and establishing a new
one, and acts which correspond with the
purpose; in the absence of clear andpositive proof of the concurrence of all
these, these domicile of origin should
continue;
3. The wife does not automatically gain the
husband’s domicile because the term
“residence” in Civil Law does not mean the
same thing in Political Law, when IRM
married Marcos in 1954, she kept her
domicile or origin and 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, her acts following her return
to the country clearly indicate that she
chose Tacloban, her domicile of origin, as
her domicile of choice.
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• In Aquino vs. COMELEC, 248 SCRA 400,
the Supreme Court held that Agapito
Aquino failed to prove that he had
established not just residence but domicile
of choice in Makati. In his certificate of
candidacy, he indicated that he was a
resident of San Jose Concepcion, Tarlac for
52 years, he was a registered voter of the
same district, his birth of certificate places
Conception, Tarlac as birthplace. Thus, his
domicile of origin was Conception, Tarlac,
and his bare assertion of transfer of
domicile from tarlac to Makati is hardly
supported by the facts of the case.
• When the Constitution speaks of
residence the word should be understood,
consistent with Webster, to mean actual,physical and personal presence in the
district that a candidate seeks to represent
• The original concept of domicile, which
arose from American jurisprudence was not
intended to govern political rights, it was
designed to resolve the conflict of laws
between or among state where a decedent
may have 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 qualification for
an elective office would negate the objective
behind the residence requirement set forth
under the law . . . (Domino vs. COMELEC
310 SCRA 546)
The place where the party actually or
constructively has his permanent home,
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 of
election law . . .
The registration of a voter in a place other
than his residence of origin is not 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 of residence in the
area in which they seek to be elected is to
prevent the possibility of a stranger or
newcomer unacquainted with the
conditions and needs of a community and
not identified with the latter from seeking
an elective office to serve that community . .
.
The classification of an area as a highly
urbanized or independent component city,
for that matter, does not completely isolate
its residents, politics, commerce and other
businesses from the entire province, andvice versa, especially when the city is
located at the very heart of the province
itself . .
The residence requirement is rooted in the
desire that officials of districts or localities
are acquainted not only with the metes and
bounds of their constituencies but, more
important, with the constituents
themselves, and a very legalistic, academic
and technical approach to the residentrequirement does not satisfy this simple,
practical and common sense national for
the residence requirement. (Torayna vs.
COMELEC 337 SCRA 574)
Philippine citizenship
The lost citizenship may be reacquired
under Sec. 1 of RA 2630, which provides
that any person who had lost his Philippine
citizenship by rendering service to, or
accepting commission in, the Armed Forces
of the United States, or after separation
from the Armed Forces of the United States,
acquired United States citizenship by
taking an oath to the Republic of the
Philippines and registering the same with
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Local Civil Registry in the place where he
resides or last reside in the Philippines. The
said 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 means that a
naturalized Filipino who lost his citizenship
will be restored to his prior status as a
naturalized Filipino citizen. On the other
hand, if he was originally a natural-born
citizen before he lost his Philippine
citizenship, he will 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 Following offenses:
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 waives such
status (Sec. 68, BP 881)
D. Removal; Insanity or incompetence –
declaration of removal by competent
authority
E. Conviction; unless granted plenary
pardon, amnesty; or Lapse of 5 years 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 moral turpitude 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 forviolating his oath of allegiance to the
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 “dual allegiance.”
Consequently, persons with mere dual
citizenship do not fall under this
disqualification. For candidates with dual
citizenship, it should suffice if, upon thefiling of their certificates of candidacy, they
elect Philippine citizenship to terminate
their status as persons with dual
citizenship considering that their condition
is the unavoidable consequence of
conflicting laws of different states. (Mercado
vs. Manzano, 307 SCRA 630)
E. Fugitives from justice in criminal or non
– political cases.
F. The term includes not only those who
flee after conviction to avoid punishment,
but likewise who, after being changed, flee
to avoid prosecution. (Marquez vs.
COMELEC, 243 SCRA 538)
G. Permanent residents in foreign country
or those who have the right to reside
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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 to be
elected as well as the right to serve in the
same elective position. Consequently, it is
not enough that an individual has served
three consecutive in an elective local office,
he must also have been elected to the same
position for the same number of times
before the disqualification can 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 local government post
and (2) that he has fully served three
consecutive terms . . .
A proclamation subsequently declared void
is no proclamation at all and while a
proclaimed candidate may assume office onthe strength of the proclamation of the
Board of Canvassers he is only a
presumptive winner who assumes office
subject to the final outcome of the election
protest . .
Voluntary renunciation of a term of office
does not cancel the renounced term in the
computation of the three term limit;
conversely involuntary severance from the
office for any length of time short of the full
term provided 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
Any elective official who has resigned from
his office by accepting an appointive 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 or persons aspiring to become a
candidate or that of the immediate member
of his family, his honor or property that is
meant to eliminate all other potential
candidates.
Certificates of Candidacy
No person shall be eligible for any elective
public unless he files a sworn certificate 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 date for 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 office should be eligible
for any of them. (Sec 73, BP 881)
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Before the deadline for filing certificates he
may withdraw all expect one, declaring
under oath the office for which he desires to
be eligible and cancel 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)
The election of a candidate cannot be
annulled because of formal defects in his
certificate, such as held of oath (Guzmanvs. Board of Canvassers, 48 Phil 211)
Name
A candidate shall use his baptismal name
or full name, the name registered with the
civil registrar or any other name allowed by
law.
He may include one nickname or stage
name by which he is generally known.
When two or more candidates for the same
office have the same name or surname,
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 COMELEC in 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 the Province
concerned
NCR legislative districts – Regional
COMELEC Directors
Legislative districts in cities outside NCR –
City Election registrar concerned
For provincial offices – Provincial Election
Supervisor of the province concerned.
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 than 45 days before the
election.
The certificate of candidacy shall be filed by
the candidate personally or his duly
authorized representative. No certificate of
candidacy shall be filed or accepted by
mail, telegram or facsimile.
The evident purpose of the law in requiringthe filing of certificate of candidacy and in
fixing the time limit therefore are; (1) to
enable the voters to know, at least sixty
days before the regular election, the
candidates among whom they are to make
the choice, and (2) to avoid confusion and
inconvenience in the tabulation of the votes
to the duly registered candidates, 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 to identify the votes in favor of a
candidate for another office in the same
election. (Miranda vs. Abaya, 311 SCRA
617)
Duty of COMELEC
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Subject to its authority over nuisance
candidates and its power to deny due
course or cancel a certificate of candidacy,
the rule is that the COMELEC shall have
only the ministerial duty to receive and
acknowledge receipt of the certificates of
candidacy. (Sec. 78, BP 881)
Effect Filing
An appointive public official is considered
resigned upon filing of his certificate. (Sec.
66, BP 881;Sanciangco vs. Rono, 137,
SCRA 671).This includes 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 of candidacy
for the same or any other office shall not be
considered resigned from office. (sec. 26,
COMELEC Resolution No. 3636, Rules and
Regulations Implementing RA 9006)
Withdrawal of Certificate of Candidacy
Form – written declaration under oath. There was no withdrawal of candidacy for
the position of mayor where the candidate,
before the deadline for filing certificates of
candidacy, personally appeared in the
COMELEC office, asked for his certificate of
candidacy and intercalated the word “vice”
before the word mayor and the following
day wrote the election registrar saying that
his name be included in the list of official
candidates for mayor. (Vivero vs.
COMELEC, L – 81059, Jan 12, 1989)
Since his certificate of candidacy for the
office of board member was filed by his
party, and the said party had withdrawn
the nomination which withdrawal was
confirmed by the candidate under oath,
there was substantial compliance with Sec.
73. His filing under oath within the
statutory period of his individual certificate
for candidacy for the separate office of
mayor was, in effect, a rejection of the party
nomination on his behalf 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 is disqualified,
he may be substituted by a person
belonging to his party not later than the
mid – day of election. Said certificate may
be filled with any board of election
inspectors in the political subdivision where
he is an electorate of the country, with theCOMELEC. (Domingo vs. City Board of
Canvassers, GR No. 105365, June 2, 1992)
Even if the withdrawal was not under oath,
the certificate of the substitute cannot be
annulled after the election. Such
technicality of the original candidate’s
withdrawal of his certificate of candidacy
cannot be used to override the people’s will
in favor to the substitute candidate. The
legal requirement that the withdrawal beunder oath will be held to be merely
directory and the candidate’s failure to
observe the requirement is considered a
harmless error. Hence the bona fide
certificate of the substitute candidate
cannot be assailed. The votes in his favor
should be counted. (Villanueva vs.
COMELEC, 140 SCRA 352)
In case of valid substitutions after the
official ballot have been printed, the votes
cast for the substituted candidates shall be
considered as many votes but shall not
invalidate the whole ballot. For this
purpose, the official ballots shall provide
spaces where the voters may write the
name of substitute 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 condition
precedent that a substitute candidate must
have been a member of the party concerned
for a certain period of time before he can be
nominated as such. (Sinaca vs. Mula, 315
SCRA 266)
A valid certificate of candidacy is likewise
an indispensable requisite in the case of a
substitution of a disqualified candidate
under the provisions of Sec. 77 of the
Election Code . . . The concept of a
substitute presupposes the existence of the
person to be substituted, for how can a
person take the 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 not have a valid
and seasonably filed certificate of
candidacy, he is and was not a candidate at
all. If a person was not a candidate, he
cannot be substituted under Sec. 77 of the
Code . . . .
While Sec. 78 of the Election Code
enumerated the occasion where a candidate
may validly substitute there is no mention
of the case where a candidate is excluded
not only by disqualification but also by
denial and cancellation of his certificate of
candidacy (Miranda vs. Abaya, 311 SCRA
617)
In case of valid substitutions after the
official ballots have been printed, the votes
cast for the substituted candidates shall be
considered as stray votes but 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 public
officials performing electoral functions
Committing acts of terrorism to enhance
his candidacy
Spending in his election campaign in excess
of the amount allowed by the Code
Soliciting, receiving or making any
prohibited contribution
Violations 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 his
certificate of candidacy the precinct number
and the barangay as a registered voter
cannot be considered a petition to
disqualify him for being a nuisance
candidate, since his certificate was not filed
to make mockery of the election or to
confuse the voters. (Jurilla vs. COMELEC,
232 SCRA 758)
Falsity of material representation in
certificate of candidacy. – Sec. 78
The COMELEC has jurisdiction over a
petition to disqualify a candidate for
congressman for ineligibility before he has
been proclaimed and has assumed 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 Office within 5 days
from the last day of filing of certificates of
Candidacy. (Secs. 5a and 7, RA 6646)
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Under the election laws and the COMELEC
Rules of Procedure, any voter may 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 Procedural defect 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 copy is not
an original pleading, a petition fordisqualification should be deemed filed
upon the filing of the original petition.
(Garvida vs. Sales, 271 SCRA 764)
Where a qualified candidate was replaced
on the day before the election, a petition to
disqualify the replacement filed on election
day should be entertained, 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 a certificate of
candidacy. (Sec. 69, BP 881)
The proceeding shall be summary. (Nolasco
vs. COMELEC, 275 SCRA
762)
The COMELEC can decide a disqualification
case directly without referring it to its legal
officers for investigation. (Nolasco, supra)
The decision shall be final and executory
after 5 days from receipt unless stayed 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 final judgment to be
disqualified shall not be voted for, and the
votes cast for him shall not be counted.
Before final judgment – If for any reason a
candidate is not declared by final judgment
before an election to be disqualified and he
is voted for and receives the winning
number of votes in such election the Court
or Commission shall continue with the trial
and hearing of the action, inquiry or protest
and, upon motion of the complainant or
any intervenor, may, during the tendency
thereof, order the suspension of the
proclamation of such candidate whenever
the evidence of guilt is strong. (Sec. 6, RA
6646)
The purpose of a disqualification
proceeding is to prevent the candidate from
running or, if elected, from serving, or to
prosecute him for violation of election laws.
The fact that a candidate has been
proclaimed and had assumed the position
to which he was elected does not divest the
COMELEC of authority and jurisdiction to
continue the hearing and eventually decide
the disqualification. The COMELEC shouldnot dismiss the 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 for
disqualification even after the elections if
the respondent has not been proclaimed.
(Perez vs. COMELEC, 317 SCRA 641)
A disqualification case may have two
aspects, the administrative, which required
only a preponderance of evidence to prove
disqualification, and the criminal, which
necessitates proof beyond reasonable doubt
to convict.
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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 a complaint
is filed after the election but before
proclamation, as in this case, the complaint
must be dismissed as a disqualification
case but shall be referred to the Law
Department for preliminary investigation.
Why there is a difference between a petition
for disqualifications before and 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 declared stray or
invalid votes and that would not be true in
the case of one filed after the electorate has
already voted . . . (Bagatsing vs. COMELEC,
320 SCRA 817)
The COMELEC can legally suspend the
proclamation of the winning candidate
although he received the winning number
of votes.(Labo vs. COMELEC, 211 SCRA297).
The use of the word “may”, indicates that
the suspension of the proclamation is
merely directory and permissive in nature
and operates to confer discretion. What is
made mandatory is the continuation of the
trial and hearing of the action, inquiry or
protest. Since the suspension of the
proclamation is merely permissive, the
proclamation of a candidate is valid, if the
COMELEC did not suspend his
proclamation. (Grego vs. COMELEC, 274
SCRA 481)
Under the same provision, intervention may
be allowed in proceedings for
disqualification even after election if there
has yet no final judgment rendered.
(Mercado vs. Mazano, 307 SCRA 630)
Where the votes cast for a nuisance
candidate whose disqualification had not
yet become final on election day were tallied
separately, they should be counted in favor
of the petitioner. (Bautista vs. COMELEC,
298, SCRA 480)
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 of certificate of
candidacy in a special election called to fill
a vacancy in an elective position other thanfor President and Vice-President, when
there is only one (1) qualified candidate for
such position, the lone candidate shall be
proclaimed elected to the position by proper
proclaiming body of the COMELEC that he
is the only candidate for the office and is
thereby deemed elected.
Section 3 thereof also provides that the lone
candidate so proclaimed shall assume office
not earlier than the scheduled election day,in the absence of any lawful ground to deny
due course or cancel the certificate of
candidacy in order to prevent such
proclamation.
VI. CAMPAIGN; ELECTION PROPAGANDA;
CONTRIBUTIONS AND EXPENDITURES
Election campaign or partisan political
activity refers to an act designed to promote
the election or defeat of a particular
candidate or candidates for public office.
(Sec. 79, BP 881)
a. If done for the purpose of enhancing the
chances of aspirants for nomination for
candidacy to a public office by a political
party, etc, it shall not be considered as
election campaign or partisan political
activity.
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b. It shall be unlawful for any person or any
party to engage in election campaign or
partisan political activity except during the
campaign period.
c. Members of the Civil Service to engage,
directly or indirectly, in any electioneering
or partisan political campaign.
A. Nomination of candidates
1. President, Vice-President and Senators –
not earlier than 165 before election date
2. Congressmen, provincial, city or
municipal officials – not earlier than 75
days 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 before election
day.
C. Lawful propaganda
1. Forms
2. Pamphlets, leaflets, cards, decals,
stickers and written or printed materials
not more than 8 ½ inches by 14 inches
3. Handwritten/printed letters
4. Cloth, paper or cardboard, posters
measuring, not more than 2 feet by 3 feet 3
by 8 ft. allowed in announcing at the site on
the occasion of a public meeting or rally,
may be displayed 5 days before the date of
rally but shall be removed within 24 hours
after said rally.
5. Paid print advertisements: ¼ page in
broadsheets and ½ pages in tabloids thrice
a week per newspaper, magazine or other
publication during the campaign period.
(Sec. 4, RA 9006)
6. Broadcast Media(i.e., TV and radio)
National Positions: 120 minutes for TV, 180
minutes for radio / Local Positions: 60
minutes for TV, 90 minutes for radio
7. Other forms of election propaganda not
prohibited by the Omnibus Election Code
and RA 9006, and authorized by the
COMELEC.
Requirement
1. Any published or printed political matter
or broadcast of election propaganda bytelevision or radio for or against a candidate
or group of candidates to any public office
shall bear and be reasonably legible or
audible words “political advertisement paid
for,” followed by the true and correct name
and address of the candidate or party for
whose benefit the election propaganda was
printed or aired.
2. If the broadcast is given free or charge by
the radio or television station, it shall beidentified by the word “airtime for this
broadcast was provided free of charge by”
followed by the true and correct name and
address of the broadcast entity.
3. Print, broadcast or outdoor
advertisements donated to the candidate or
political party shall be printed, published,
broadcast or exhibited without the written
acceptance by the said candidate or
political party. Such written acceptance
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 portraying
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the life or biography of a candidate during
campaign period.\
2. Public exhibition of a movie,
cinematograph or documentary portrayed
by 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 a party or a
member of the campaign staff of a
candidate or political party.
Scope
1. Prohibiting the posting of decals and
stickers except in the common posting 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 Press Club vs.
COMELEC, 207 SCRA 1)
E. Rallies
1. An application for permit for a rally shallnot be denied except on the
ground that a prior written application for
the same purpose has been approved. A
denial is appealable to the provincial
election supervisor or COMELEC. (Sec. 87,
BP 881)
2. It is unlawful to give or accept
transportation, food, drinks or things of
value within 5 hours before and after a
public rally, before election day and on
election day. (Sec. 89 BP 881)
F. Prohibited donations
It is prohibited for any candidate, his
spouse, relative within second degree of
consanguinity or affinity, or representative
to make any contribution for any structure
for public use or for use of any religious or
civic organization except the normal
religious dues and payment for
scholarships established and 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 institutions
2. Public utilities and those who exploit
natural resources
Thus, where an operator of a public utility
disguised a contribution to a candidate for
governor as loan, the promissory note isvoid: (halili vs. Court of Appeals, 83 SCRA
633)
3. Persons who hold contracts or sub-
contracts to supply the government
with goods and services.
4. Persons granted franchises, incentives,
exemptions or similar privileges by
the government
5. Persons granted loans in excess of P25,
000 by the government or any of
its subdivisions or instrumentalities6. Schools which received grants of public
funds of at least P100,000
7. 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 Space
All registered parties and bonafide
candidates shall have equal access to media
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 granted or
issued, suspended or cancelled during the
election period.
2. Any mass media columnist,
commentator, announcer, reporter, on-air
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correspondent or personality who is a
candidate for any elective public office or is
a campaign volunteer for or employed or
retained in any capacity by any candidate
or political party shall be deemed resigned,
if so required 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 an official
candidate of a political party or member of
the campaign staff of a candidate or
political party shall not use his media time
and space to favor any candidate or
political party.
I. Limitation on expenses – Sec. 13, RA
7166
1. Candidates
a. President and vice president – P10 per
voter
b. Other candidates – P3 per voter in his
constituency
c Candidate without political party – P5 per
voter
d. 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 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 days after election
day a statement of contributions and
expenditures.
b. No persons elected shall assume office
until he and his political party has filed the
required statements
2. Penalties
a. First Offense – administrative fine from P
1,000 to P30, 000
b. Subsequent offense
i. Administrative fine from P2,000 to P60,
000
ii. 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 a statement of
contributions and expenditures, for the law
makes no distinction. (Pilar vs. COMELEC,
245 SCRA 759)
VII. ELECTION; BOARD OF ELECTIONINSPECTORS (BEI); WATCHERS
KINDS OF ELECTION
1. General election is one provided for by
law for the election to offices throughout
the State, or certain subdivisions thereof,
after the expiration of the full term of
former officers.
2. Special Election is one provided for by
law to fill vacancy in office before the
expiration of the full term for which theincumbent was elected or one fixed by the
COMELEC due to postponement or
suspension of the election or the failure to
elect.
3. Recall election is an election by means of
which voters decide whether they should
retain their local official or elect his
replacement. (Claudio vs. COMELEC, 331
SCRA 388)
ELECTION PERIOD
Unless otherwise fixed by the COMELEC in
special cases, the election period shall
commence 90 days before the day of the
day of the election and shall end 30 days
thereafter.[Sec. 9, Art. IX – C, PC]
DATE OF ELECTION
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The regular election of the President, Vice-
President, Senators and Members of the
House of Representatives and local officials,
except barangay officials, shall be on the
second Monday of May once every three
years. In accordance with the constitutional
policy to synchronize elections, the regular
election for national and local officials is
now held simultaneously. (RA 7166) Under
6679, regular elections for barangay
officials shall be held once every five years.
ELECTION OF SANGGUNIANG MEMBERS
1. For provinces with two or more legislative
district the elective members of
Sangguniang Panlalawigan (Spn) shall beelected by legislative districts.
2. For provinces with only one legislative
district – the COMELEC shall divide 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 RA 6686.
4. For municipalities in Metro Manila – the
COMELEC shall divide them into twodistricts by baranggay for purposes of
electing members of the SB.
POSEPONEMENT OF ELECTION
When for any serious cause such as
violence, terrorism, loss or destruction of
election paraphernalia or records, force
majeure, and other analogous cases of such
nature that the holding of a free, orderly
and honest election should become
impossible in any political subdivision, the
COMELEC, motu propio or upon a verified
petition by any interested party, and after
due notice and hearing, whereby all
interested parties are afforded equal
opportunity to be heard, shall postpone the
election therein. (Sec. 5, BP 881)
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
the voters 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 the cause of the
postponement of suspension of the election
or a failure to elect; 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 itsdate and of the transfer of the precincts
was given less than a day before, since the
voters were deprived of the opportunity to
vote. (hassan vs. COMELEC, 264 SCRA
125)
FAILURE OF ELECTION
1. Sec.6 the OEC contemplates three
instances when the COMELEC may declare
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 fixed on account of force majeure,
violence, terrorism, fraud and other
analogous cases, (2) when the election in
any polling place has been suspended
before the hour fixed by law for the closure
of the voting; and (3) after the voting and
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during the preparation and transmission of
the election returns or in the custody or
canvass thereof, such election results in a
failure to elect. (Soliva et al vs. COMELEC,
GR No. 141723, April 20,2001)
2. The power to throw out or annul an
election should be exercised with the
utmost care and only under circumstances
which demonstrate beyond doubt either
that the disregard of the law had been so
fundamental or so pertinent and
continuous that it is impossible to
distinguish what votes are 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 exercisingtheir franchise… There is failure of
elections only when the will of the electorate
has been muted and cannot be ascertained.
(Benito vs. COMELEC, GR No.
134913,January 19,2001)
3. A special election should be held if the
ballot box in the precinct was
burned.(Hassan vs. COMELLEC,264 SCRA
125)
4. The destruction of the copies of the
election returns intended for the board of
canvassers is not a ground for the
declaration of failure of election as other
copies of the returns can be used (Sardea
vs. COMELEC,225 SCRA 374)
5. The fact that less than 25% of the
registered voters voted does not constitute
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 the Board of Inspectors are
not grounds for declaration of failure of
election but for an election protest. (Borja
vs. COMELEC,260 SCRA 604)
7. The fact that the names of some
registered voters were omitted from the list
of voters,