Who may elect

286.Who may exercise this right: Qualification and disqualification of Voters?ARTICLE V, SUFFRAGE

Section 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year, and in the place wherein they propose to vote, for at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.

Qualifications:

1. Filipino citizen

2. At least 18 years of age on the day of the election

3. Resident of the Philippines for at least one year immediately before the election

4. Resident of the city/municipality wherein he proposes to vote for at least 6 months immediately preceding the election

5. Not otherwise disqualified by lawDisqualifications:

1. Sentence by final judgment to suffer imprisonment for not less than one year, unless pardoned or granted amnesty;

But right is reacquired before expiration of 5 years after service of sentence

2. Conviction by final judgment of any of the following crimes:

i. Crime involving disloyalty to the government

ii. Any crime against national security

iii. Firearms laws

But right is reacquired before expiration of 5 years after service of sentence.3. Insanity or incompetence declared by competent authority (Sec. 118, B.P. 881 Omnibus Election Code)287.May the law require the registration of voters as a requisite to vote? Why?Yes.The act of registration is part and parcel of the right to vote and an indispensable element in the election process.

Thus registration cannot and should not be denigrated to the lowly stature of a mere statutory requirement.

The State, in the exercise of its inherent police power, may then enact laws to safeguard and regulate the act of voters registration for the ultimate purpose of conducting honest, orderly and peaceful elections. (Akbayan-Youth v COMELEC, 2001)

288.Who has jurisdiction over inclusion and exclusion proceedings i. MTCoriginal and exclusive

ii. RTCappellate jurisdiction

iii. SCappellate jurisdiction over RTC on question of law

289.May dual citizens vote in Philippine elections?Yes. Dual citizenship is not one of the disqualifications for the right to suffrage.Who may be elected

290.Qualification of individual candidates 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 are lost, his title to the office may be seasonably challenged. (Frivaldo v COMELEC; Labo v COMELEC)

An official begins to govern or discharge his functions only upon his proclamation and on the day the law mandates his term of office to begin. Since Frivaldo re-assumed his citizenship on the very day the term began, he was therefore already qualified to be proclaimed, to hold such office and to discharge the functions and responsibilities thereof as of the said date. (Frivaldo v COMELEC)

1. President / Vice President

i. Natural-born citizen of the Philippines

ii. Able to Read and Write

iii. Registered Voter

iv. At least 40 yrs. of age on the day of the election

v. Resident of the Philippines for at least 10 yrs immediately preceding such election (Sec. 63, BP 881)

2. Senate / House of Representatives

a. Senator

i. Natural-born citizen of the Philippines

ii. Able to Read andWrite

iii. Registered Voter

iv. At least 35 yrs of age on the day of the election

v. Resident of the Philippines for at least 2 yrs

vi. immediately preceding such election

b. Member of the House

i. Natural- born citizen of the Philippines

ii. Able to Read andWrite

iii. Registered Voter in the district where he shall be elected

EXCEPT: Party-list Representativesiv. At least 25 yrs of age on the day of the electionv. Resident of the district for at least 1 yr. immediately preceding such election

3. Local Government Officials

a. In General Elective Local Officials

i. Citizen of the Philippines

ii. Able to Read and Write Filipino or any local

iii. language or dialect

iv. Registered Voter in the Barangay, Municipality, City, Province or District (for members of local legislative bodies) where he intends to be elected

v. Resident of the Barangay, Municipality, City Province or District for at least 1 yr immediately preceding the day of the election

b. Specific Positions

b.1 Governor/ Vice Governor / Member of the

Sangguniang Panlalawigan; Mayor / Vice Mayor/

Member of Sangguniang Panglungsod of Highly

Urbanized Cities

i. At least 23 yrs. of age on election day

b.2 Mayor / ViceMayor (Independent Component

Cities/ Component Cities / Municipalities)

i. At least 21 yrs. of age on election day

b.3 Member of Sangguniang Panglungsod /

Sangguniang Bayan

i. At least 18 yrs. of age on election dayb.4 Punong Barangay / Member of Sangguniang

Barangay

i. At least 18 yrs. of age on election day

b.5 Candidates for Sangguniang Kabataan

i. At least 15 yrs of age but not more than 21 yrs. on election day

291.Residency, meaning and elementsThe meaning and purpose of residency requirementthe place where a party actually or constructively has his permanent home, where he, no matter where he may be 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. (Aquino vs. COMELEC, 248 SCRA 400)Domicile- A place to which, whenever absent for business or for pleasure, one intends to return, and depends on facts and circumstances in the sense that they disclose intent. (RomualdezMarcos vs. COMELEC)Twin elements:

(1) Fact of residence / physical presence in a fixed place

(2) Animus manendi (intention to permanently return) (Aquino v COMELEC).

a. At least 1 year in the Philippines

b. At least 6 months in the place wherein they propose to vote immediately preceding the election (Sec. 9, RA 8189 - Voters Registration Act of 1996)

292.Change of residency: requisites(1) An actual removal or an actual change of domicile;

(2) A bona fide intention of abandoning the former place of residence and establishing a new one; and

(3) Acts corresponding to such purpose (Romualdez v COMELEC)293.Disqualifications of individual candidates under the Constitution 1. President / Vice President

The President shall not be eligible for any re-election.

No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time

No Vice-President shall serve for more than two successive terms.

Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected.

Any person who does not have any of the following qualifications:i. Natural-born citizen of the Philippines

ii. Able to Read and Write

iii. Registered Voter

iv. At least 40 yrs. of age on the day of the election

v. Resident of the Philippines for at least 10 years immediately preceding such election2. Senate / House of Representatives

a. Senator

No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term of which he was elected. Any person who does not have any of the following qualifications:

i. Natural-born citizen of the Philippines

ii. Able to Read and Write

iii. Registered Voter

iv. At least 35 years of age on the day of the election

v. Resident of the Philippines for at least 2 yrs

vi. immediately preceding such election

b. Member of the House

No Member of the House of Representatives shall serve for more than three consecutive terms.

Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

A person who does not have any of the following qualifications:

i. Natural- born citizen of the Philippines

ii. Able to Read andWrite

iii. Registered Voter in the district where he shall be elected

EXCEPT: Party-list Representatives

iv. At least 25 yrs of age on the day of the election

v. Resident of the district for at least 1 yr. immediately preceding such election

294.Disqualification of individual candidates under statutes1. Under the Omnibus Election Code (BP 881)i. Any person declared by competent authority as insane or incompetent

ii. Any person sentenced by final judgment for any of the following offenses:

a. Subversion, insurrection or rebellion

b. Offense for which he was sentenced to penalty of more than 18 months

c. Crime involving moral turpitude

iii. A permanent resident to or immigrant to a foreign country unless he waives such status (OEC, Sections 12 and 68)

iv. One who has violated provisions on:

a. Campaign period;

b. Removal, destruction of lawful election propaganda;

c. Prohibited forms of propaganda;

d. Regulation of propaganda through mass media; and

e. Election offenses.2. Under the Local Government Code (RA 7160)

i. Those sentenced by final judgment for an offense involving moral turpitude or an offense punishable by imprisonment for at least 1 year, within 2 years after service of sentence;

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

iii. Those convicted by final judgment for violating the oath of allegiance to the Republic;

iv. Those with dual citizenship;

v. Fugitives from justice in criminal or nonpolitical cases here or abroad;

vi. Permanent residents in foreign country or those who have acquired the right to reside abroad and continue to avail of the same right after the effectivity of this Code.

vii. The insane or feeble-minded. (Sec. 40, LGC)

3. Under the Revised Administrative Code ( EO 292)

i. Ecclesiastics;

ii. Persons receiving compensation from provincial or municipal funds; and

iii. Contractors for public works of the municipality.4. Under the Lone Candidate Law ( RA 8295)

i. Any elective official who has resigned from his office

By accepting an appointive office or for whatever reason which he previously occupied but has caused to become vacant due to his resignation; and

ii. 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 disadvantage

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.

295.Qualification and disqualification of party list candidatesQualifications of partylist nominees:

1. Natural born citizen of the Philippines

2. Registered voter

3. Resident of the Philippines for at least 1 year immediately preceding the day of the election

4. Able to read and write

5. Bona fide member of the party or organization which he seeks to represent at least 90 days preceding election day

6. At least 25 years of age. (not more than 30 years old for nominees for youth sector)

Disqualifications:

1. Shall not serve for more than three (3) consecutive terms. (Sec. 7, Article VI)

2. One who has been declared by competent authority as insane or incompetent

3. One who has been sentenced by final judgment for:

i. Subversion;

ii. Insurrection;

iii. Rebellion;

iv. Any offense for which he has been sentenced to a penalty of not more than 18 months; or

v. A crime involving moral turpitude, unless given plenary pardon or granted amnesty (Section 12, BP 881Omnibus Election Code)

296.Qualification and disqualification of party list nomineesSame with No. 295Other actors in the election process

297.State the powers of the Commission on Elections under the Constitution.1. Enforce and administer All laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall.

2. Exercise:

a. Exclusive original jurisdiction over all contests relating to the election, returns and qualifications of all elective

i. Regional

ii. Provincial

iii. City officials

b. Exclusive appellate jurisdiction over all contests involving:

i. Elective municipal officials decided by trial courts of general jurisdiction

ii. Elective barangay officials decided by courts of limited jurisdiction.

c. Contempt powers

i. COMELEC can exercise this power only in relation to its adjudicatory or quasijudicial functions. It cannot exercise this in connection with its purely executive or ministerial functions

ii. If it is preproclamation controversy, the COMELEC exercises quasijudicial/ administrative powers.

iii. Its jurisdiction over contests (after proclamation), is in exercise of its judicial functions.

Note: The COMELEC may issue writs of certiorari, prohibition, and mandamus in exercise of its appellate functions.

3. Decide, except those involving the right to vote,

All questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters.

Note: Questions involving the right to vote fall within the jurisdiction of ordinary courts.

4. Deputize,

With the concurrence of the President,

Law enforcement agencies and

Instrumentalities of the government,

Including the AFP,

For the exclusive purpose of ensuring free, orderly, honest, peaceful and credible elections.

5. Registration of political parties, organizations, or coalitions and accreditation of citizens arms of the COMELEC.

6.

File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of voters;

Investigate and,

Where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses and malpractices.

a. COMELEC has exclusive jurisdiction to investigate and prosecute cases for violations of election laws.

b. COMELEC can deputize prosecutors for this purpose. The actions of the prosecutors are the actions of the COMELEC.

Note: Preliminary investigation conducted by COMELEC is valid.

7. Recommend to the Congress

Effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies.

8. Recommend to the President

The removal of any officer or employee it has deputized, or

The imposition of any other disciplinary action, for violation or disregard of, or disobedience to its directive, order, or decision.

9. Submit to the President and the Congress

A comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall.

298.What are the conditions for the COMELEC to exercise its power to regulate the media or public utilities?Such supervision or regulation shall aim to ensure:

i. equal opportunity, time and space

ii. the right to reply, including reasonable equal rates for public information campaigns and forums among candidates,

In connection with the object of holding free, orderly, honest, peaceful and credible elections.299.May the Comelec compel newspapers to give free print space to candidates to ensure equal opportunities during elections? Briefly explain.COMELEC cannot compel newspapers of general circulation to donate free print space as COMELEC space without payment of just compensation. Such compulsion amounts to taking; hence, it is an exercise of eminent domain and not of police power (Philippine Press Institute v. COMELEC, G.R. No. 119694, May 22, 1995). The payment of just compensation is now expressly provided under sec. 7 of the Fair Elections Act.300.May the Comelec prevent the publication of surveys of voter preference during the election period? Briefly explain.No. 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 the constitutional rights of speech, expression and the press because:

1. It imposes a prior restraint on the freedom of expression.

2. It is a direct and total suppression of a category of expression and even though such suppression is only for a limited period; and

3. The governmental interest sought to be promoted can be achieved by means other than the suppression of freedom of expression (SWS v. COMELEC, G.R. No. 147571)

301.What are the prohibitions on members of the armed forces and the civil service during elections?No officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign.

No member of the military shall engage, directly or indirectly, in any partisan political activity, except to vote.302.May the Comelec ban the media from conduct and publication of exit polls on elections? Why?No.Exit polls are valid. They do not violate the principle of secrecy of the ballot since such polls are purely voluntary on the part of the voter and do not require him or her to reveal his or her ballot. (ABS-CBN v COMELEC, 2000)

303.May the Comelec ban the conduct of election surveys? Why?No. Same with No. 300THE ELECTORAL PROCESS304.Election period Election period begins 90 days before the day of election and ends 30 days thereafter. (Sec. 3, OEC)

The period of time, with respect to a scheduled date of election, when the conduct of certain political activities, are regulated by election laws, and the violation of which constitutes election offense subject to penalties.

305.Effect of filing on appointive and elective officers Candidates holding appointive office or positions. - Any person holding a public appointive office or position, including active members of the Armed Forces of the Philippines, and officers and employees in government-owned or controlled corporations, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy. (Sec. 66 OEC)306.Substitution of candidates If after the last day for the filing of certificates of candidacy, an official candidate of a political party: (1) dies, (2) withdraws or is (3) disqualified for any causea person belonging to, and certified by, the same political party may file a certificate of candidacy not later than midday of election day to replace the candidate who died, withdrew or was disqualified. (COMELEC Reso. No. 9140)Note: However, no substitution shall be allowed for any independent candidate. (Ibid.)This does not include those cases where the certificate of candidacy of the person to be substituted had been denied due course and canceled under Section 78 of the Omnibus Election Code. While the law enumerated the occasion where a candidate may be validly substituted, 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. (Ong v. Alegre, G.R. No. 163295, January 23, 2006)307.Withdrawal of candidatesA person who has filed a certificate of candidacy may, prior to the election, withdraw the same by submitting to the office concerned a written declaration under oath. (Sec. 73 OEC)308.Nuisance candidates The Commission may motu proprio or upon a verified petition of an interested party, refuse to give due course to or cancel a certificate of candidacy if it is shown that said certificate has been filed To put the election process in mockery or disrepute or To cause confusion among the voters by the similarity of the names of the registered candidates or By other circumstances or acts which clearly demonstrate that the candidate has no bona fide intention to run for the office for which the certificate of candidacy has been filed and thus prevent a faithful determination of the true will of the electorate. (Sec. 69. OEC)

309.Petition to Deny or Cancel Certificates of Candidacy A verified petition seeking to deny due course or to cancel a certificate of candidacy may be filed by the person exclusively on the ground that any material representation contained therein as required under Section 74 (Contents of certificate of candidacy) is false.

The petition may be filed at any time not later than 25 days from the time of the filing of the certificate of candidacy and shall be decided, after due notice and hearing, not later than fifteen days before the election. (Sec. 78 OEC - Petition to deny due course to or cancel a certificate of candidacy)

310.Give the various grounds for disqualification under the Omnibus Election Code.Sec. 68. Disqualifications

Any candidate who, in an action or protest in which he is a party is declared by final decision of a competent court guilty of, or found by the Commission of having a. Given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions; b. Committed acts of terrorism to enhance his candidacy; c. Spent in his election campaign an amount in excess of that allowed by this Code; d. Solicited, received or made any contribution prohibited under Sections 89, 95, 96, 97 and 104; i. Sec. 89. Transportation, food and drinks

ii. Sec. 95. Prohibited contributions

iii. Sec. 96. Soliciting or receiving contributions from foreign sources

iv. Sec. 97. Prohibited raising of funds

v. Sec. 104. Prohibited donations by candidates, treasurers of parties or their agents; or vi. Violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and cc, subparagraph 6,

vii. Sec. 80. Election campaign or partisan political activity outside campaign period

viii. Sec. 83. Removal, destruction or defacement of lawful election propaganda prohibited

ix. Sec. 85. Prohibited forms of election propaganda

x. Sec. 86. Regulation of election propaganda through mass media

xi. Sec. 261. Prohibited Acts

xii. (d) Coercion of subordinates

xiii. (e) Threats, intimidation, terrorism, use of fraudulent device or other forms of coercion

xiv. (k) Unlawful electioneering

xv. (v) Prohibition against release, disbursement or expenditure of public funds

xvi. (cc) On candidacy and campaign

Shall be disqualified from continuing as a candidate, or if he has been elected, from holding the office. Any person who is a permanent resident of or an immigrant to a foreign country shall not be qualified to run for any elective office under this Code, unless said person has waived his status as permanent resident or immigrant of a foreign country in accordance with the residence requirement provided for in the election laws.311.Effect of DisqualificationAny 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. Nevertheless, 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, his violation of the provisions of the preceding sections shall not prevent his proclamation and assumption to office. (Sec. 72)Page 8 of 8