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ELECTION LAW

COMELEC a.

> Powers, Fxns of

iv. c.

I. CONSTITUTIONAL BASIS

Not a necessary accompaniment of citizenship Not absolute exercise 1. Subject to substantive and procedural reqts
2.

b.

Sovereignty: The Ph is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them (II.1) i. PRACTICAL EFFECT: Sovereignty is exercised by the elective officials chosen by the electorate 1. Indirect rule Suffrage is the heart of government, THUS carefully regulated

II. SUFFRAGE
a. What: i. ii. iii. iv. v. right and obligation of qualified citizens to vote in the election of certain national and local officers of the government and in the decision of public questions submitted to the people

b. Nature i. A political right 1. Expression of the sovereign will of the people 2. People who bear the burden of govt should share in the privilege of choosing the officials of govt 3. EFFECT: Within power of the State to regulate and prescribe the manner in which the right shall be exercised ii. A political duty 1. Public trust 2. Exercised not exclusively for the benefit of the citizen proffering it but in good faith and with intelligent zeal for the general benefit and welfare of the State 3. BUT Failure to Vote is not a criminal offense (Abanil v. Justice of the Peace) iii. Not a natural right 1. Privilege given by lawmaking power subject to constil limitations

Scope i. Election 1. Means by which the people choose their officials through the ballot 2. For definite and fixed periods 3. To whom they entrust the exercise of powers of govt ii. Plebiscite (Ratify) 1. Vote of the people expressing their choice for or against a proposed law or enactment submitted to them 2. Election at which any proposed amendment to or revision of the Constitution is submitted to the people for their ratification iii. Referendum (Approve, Reject) 1. Election for the ratification or rejection of law passed by legislative bodies iv. Initiative (Propose and Enact) 1. Process whereby registered voters directly propose, enact, amend laws 2. Amendment of constitution v. Recall (Terminate) 1. Removal of public office before the expiration of his term by a vote of the people d. Why i. Continuity of govt ii. Preservation and perpetuation of its benefits iii. INTERPRETATION OF ELECTION LAWS: Liberally to give effect to the will of the people 1. Give life and spirit to the popular mandate e. REGULATION: Congress and COMELEC i. CONGRESS 1. Basis of authority: Suffrage is only a political right, not a natural right THUS can regulate 2. SCOPE OF AUTHORITY: Unlimited power a. Define qualifications of voters b. Regulate elections

3.

Prescribe form of official ballot Provide manner in which candidates shall be chosen e. Regulate manner of conducting elections f. Suppress whatever evils may be incident to election CONSTITUTIONAL RESTRICTIONS

c. d.

ii. COMELEC

III.

COMELEC
a. Purpose: Free, orderly, honest, peaceful, and credible elections i. Purity of elections ii. Sanctity of ballots In a Democracy, it is the people that possesses authority and the same is exercised via suffrage THUS there is a need to ensure the purity of elections to give effect to their expression THUS there is need of an INDEPENDENT OFFICE to enforce the laws on election and to safeguard the exercise of the right of suffrage to obtain its purposes b. Nature: INDEPENDENT i. ii. iii. iv. v. vi. vii. viii. ix. x. xi. xii. c. Constitutional Safeguards (Nachura) Constitutionally created, thus cannot be abolished by law Independent: Constitutional Commissions which shall be independent (IX.1) Conferred powers cannot be reduced by statute Rotational Scheme of Appts Disqualifications Impeachment Term of 7y No reappointment or acting appointment Salaries cannot be decreased Fiscal autonomy Appointment of all officials and employees Rules of procedure

1.

QUALIFICATIONS FOR RIGHT TO VOTE under V.1 is EXCLUSIVE a. All citizens b. 18 years of age c. Resident i. Ph for 1y ii. Place wherein they propose to vote for 6m d. No literacy, property, other substantive requirement shall be imposed on the exercise of suffrage i. WHY NOT: 1. Sovereignty resides in the people 2. Social justice ii. LITERACY is not intelligence iii. HUMANITY prevails over property 1. OBSOLETE: That only property holders have a stake in the community 2. NOW: It is the human person that is to be represented and given primacy in the hierarchy of values 3. Social Justice: equal opportunity for all iv. Other Substantive Reqts 1. Education BEC not a guarantee of good citizenship, intelligent voting 2. Sex BEC no justifiable basis for discrimination 3. Taxpaying Ability BEC property reqt e. Not otherwise disqualified by law SECRECY AND SANCTITY OF BALLOTS (V.2) a. Congress shall provide for a system for securing the secrecy and sanctity of the ballots ABSENTEE VOTING (V.2) a. Congress shall provide for a system for absentee voting by qualified Filipinos abroad b. RA 9189 (Overseas Absentee Voting Act of 2003) i. Votes for P, VP, Senators, Party-list Representatives

2.

3.

Membership i. Composition: 7 Members 1. 1 Chairman 2. 6 Commissioners 3. 1935: 3 1973: 9 1987: 7 BEC More difficult to corrupt

ii. Qualifications 1. NB citizen 2. 35 years of age 3. College Degree 4. Majority, including Chairman, must be a. members of the Bar and b. in practice for 10y c. WHY: Exercise of QJ powers 5. Not have been candidates for any elective position in the immediately preceding elections iii. Appointment 1. President 2. Commission on Appointments 3. Rotational Scheme of Appointments a. Staggered of first appts i. 7 (3 members) ii. 5 (2) iii. 3 (1) b. Vacancy: Appt only for unexpired term c. WHY: two-year intervals i. Continuity ii. Not all are apptd by one president 4. Nature: PERMANENT APPTS ONLY a. No temporary, acting capacity iv. Term: 7y without reappointment v. Division and En Banc: Majority vote of all 1. 2 Divisions with 3 each (Reso. 1669) a. Quorum of 2 b. Unanimous decision 2. Majority of all Members d. Powers: Enforce election laws

iii.

Promulgate rules on all questions affecting elections 2. Rules of procedure Quasi-Judicial 1. Exercise original and appellate jurisdiction over certain election contests
1.

Hearing Body Review Writs Contempt

QUASI-JUDICIAL DIVISION first, then EN BANC on MR SC 65 (via 64) EAJ: Certiorari, Prohibition, Mandamus Available bec. inherently judicial in character b. JURISDICTION (IX-C.2)

ADMINISTRATIVE En Banc can act directly Ordinary civil action in RTC

1.

ADMINISTRATIVE POWERS (IX-C.2.1)

SIGNIFICANCE: En Banc decision and Remedy available in assailing it IF Administrative function En Banc decides at first instance and No judicial review under 65! BUT through Ordinary Civil Action in the RTC a. General Scope: Enforce and administer All laws and regulations Relative to the conduct Of an election, plebiscite, initiative, referendum, recall What: Grant of all necessary and incidental powers to achieve goal BUT PREVENTIVE POWERS ONLY! THUS Excludes power to annul an election Great latitude is accorded the COMELEC In adopting means and methods to insure the accomplishment Of the great objective for which it was created

IV.

POWERS AND FUNCTIONS OF COMELEC


a. NATURE OF POWERS i. Executive, Administrative 1. Enforce and administer elections laws ii. Quasi-Legislative

Why:

To insure free, orderly, honest, peaceful and credible elections, Which is the whole purpose of election laws THUS the choice of means taken by the COMELEC Should not be interfered with UNLESS Clearly illegal, arbitrary (Chaves v. COMELEC) b. Necessary Preparatory Acts: All election questions, Registration

Election Questions What: Decide all questions affecting elections Scope: All questions affecting elections, including -Determination of the number and location of polling places, -Appointment of election officials and inspectors, -Registration of voters (DL): -Annulment, cancellation of illegal registry list of voters -Order of preparation of new one -Cancellation of canvass of election returns -Annulment of illegal proclamation based on incomplete returns -Suspension of the proclamation winning candidates pending inquiry EXCEPT those involving the RIGHT TO VOTE What: - Dis/Qualifications of voters, - Right to be registered as a voter, - Right to cast his vote Why: Bec it is so a crucial right that it must be subject to a full-blown trial Scope: Popular elections only Duration of Jurisdiction: Lost upon Proclamation of Winner Registration - Register Political parties, organizations, or coalitions Which must present their platform or program of govt In addition to other reqts After sufficient publication EXCEPT: The following shall not be registered: - Religious dominations and sects - Those which seek to achieve their goals

through violence, unlawful means - Those which refuse to uphold and adhere to this Consti - Those which are supported by any foreign govt - Those receiving financial contributions from foreign govts and their agencies to political parties, organizations, coalitions, candidates related to elections BEC the same constitute INTERFERENCE IN NATL AFFAIRS THUS When accepted Additional ground for cancellation of reg and other penalties - Accredit Citizens arms of the COMELEC c. Deputizing but not Disciplining Deputation What: Deputize With the concurrence of the President Who: Law enforcement agencies and Instrumentalities of the govt, including AFP For: For the exclusive purpose Of ensuring free, orderly, honest, peaceful, and credible elections Effect: Officers designated by the Comelec - became its deputies and agents - pro tanto subject to its authority, control, supervision in respect of the particular functions covered by the deputation What: Who: Exercise direct and immediate control and supervision National and local officials and ee Members of national, local law enforcement agencies Instrumentality of govt reqd by law to perform duties relative to the conduct of election CMT cadets, 18y/o and above (OEC) Not Discipline Recommend to the President -The removal of any officer or employee it has deputized -The imposition of any other disciplinary action For violation, Disregard of, Disobedience to its directive, order, decision

What:

What: For:

d. Regulation of Public Utilities (IX-C.4) When: During the election period What: Supervise and 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, concessions granted by the govt For: -to ensure equal opportunity, time, space, and right of reply -to ensure FOHPC elections

- adversary proceedings By which matters involving the title, claim to an elective office made before or after proclamation of the winner E: Barangay, only after National, only after Is settled WON the contestant is claiming the office in dispute - Includes validity, nullity of votes Nature of Election Contests - Summary proceedings of a political character - Not civil, criminal What is meant by ELECTION, RETURNS, AND QUALIFICATIONS - all matters affecting the validity of the contestees title c. JURISDICTION OF VARIOUS TRIBUNALS

2.
To: What: For:

RECOMMENDATORY AND REPORTORIAL POWERS Recommendatory Power Recommend to the Congress Effective measures -to minimize election spending -limitation of places where propaganda materials shall be posted -to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies Reportorial Function Submit to the President and Congress Comprehensive Report On the conduct of each election, plebiscite, initiative, referendum, recall

To: What:

3.

QUASI-JUDICIAL POWER: Hear and Prosecute - heart and soul of the powers of COMELEC - most important power

a. SIGNIFICANCE: JUDICIAL REVIEW THRU 65 Certiorari, Prohibition, Mandamus (only in EAJ) Contempt Powers (inherently judicial in character) Summons and subpoena Two-tiered structure

Jurisdiction over Contests a. Sanggunian Kabataan: DILG b. Barangay Offices: MTC appealable to COMELEC c. Municipal Offices: RTC (D, mr EB) d. City Offices 65 SC e. Provincial Offices COMELEC f. Regional Offices (D, mr EB) g. Congress: HRET/SET h. President: PET *JURISDICTION OF HRET, SET, PET: SET, HRET Sole and exclusive jurisdiction Over all contests relating to ERQ of MEMBERS THUS only upon: Proclamation Oath Assumption of Office OTHERWISE, with Comelec PET: Only the SC en banc (Nachura) BEC No pre-proclamation controversies for national officials E: BOC Composition and proceedings d. JURISDICTION OF COMELEC i. Two-Tired Structure (QJ FXN ONLY)

b. SUBJECT MATTER JURISDICTION What is an ELECTION CONTEST

Decided by trial courts of limited jurisdiction (MTC) TWO-TIERED STRUCTURE OF COMELEC (IX-C.3) a. DIVISION LEVEL a. All election cases and appeals from trial courts must first be heard and decided by a Division i. Mandatory and jurisdictional reqt ii. Period for Deciding: 60d BUT not strict b. Remedy: MR to En Banc i. E: 65 to SC IF GAD on the face of the interlocutory order of the Division BEC cannot be MRd to En Banc (Ambil v. Comelec in N) b. EN BANC LEVEL a. Decides motions for reconsideration of final decisions by Division i. No power to hear and decide at the first instance, OTHERWISE Null and void b. IMPT: Only final orders, rulings, decisions of the Comelec En Banc may be reviewed by the SC ii. Original Jurisdiction over Election Contests What: Exercise EXCLUSIVE ORIGINAL JURISDICTION Scope: Over all contests relating to the elections, returns, and qualifications Of all elective regional, provincial, and city officials Contempt: Remedy: Available! BEC Inherently judicial in character 65 to SC via 64 Finality:Decisions, final orders or rulings of the COMELEC On election contests involving elective municipal and barangay offices Shall be final, executory, and not appealable 65 is not an appeal! Execution Pending Appeal: Allowed! Grounds: On the basis of good reasons to be stated in a special order the reasons must be of such urgency as to outweigh the injury, damage of the losing party should the latter secure a reversal of the judgment on appeal there must be a motion by the prevailing party with notice to the adverse party Where to File: Court of origin Special Civil Actions: Certiorari, Prohibition, Mandamus - Concurrent Jurisdiction: COMELEC and SC - When: Over decisions of RTCs and MTCs Contempt: Remedy: 2.3.1 How: What: Available! BEC Inherently judicial in character 65 BEC It is not an appeal

Execution Pending Appeal: Allowed! Grounds: On the basis of good reasons to be stated in a special order Reasons must be of such urgency as to outweigh the injury, damage of the losing party should the latter secure a reversal of the judgment on appeal There must be a motion by the prevailing party with notice to the adverse party Where to File: Court of origin iii. Appellate Jurisdiction over Election Contests What: Exercise EXCLUSIVE APPELLATE JURISDICTION Scope: Over all contests Involving elective municipal officials Decided by trial courts of general jurisdiction (RTC) Involving elective barangay officials

e. PROSECUTORIAL FUNCTION Inclusion or Exclusion of Voters File petitions in court For Inclusion or Exclusion of Voters -On its own initiative or -Upon a verified complaint Violations of Election Laws Investigate, and Prosecute where appropriate > Exclusive prerogative of Comelec to conduct PI > OMB, Prosecutor have no role UNLESS Deputized -Cases of violations of election laws -Acts or omissions constituting election frauds, offenses, malpractices Can President grant pardon? Only with the reco of Comelec

2.3.2: How: What:

Where to file: MTC

V. ELECTION PROPER
a. ELECTION PERIOD i. 90d before election day ii. 30d thereafter iii. UNLESS Otherwise fixed by COMELEC in special cases b. CAMPAIGN PERIOD i. P, VP: 90d before election day ii. Congress and Local Officials: 45d iii. Barangay: 15d iv. UNLESS Otherwise fixed by law v. Penera v. COMELEC: No more premature campaigning BEC only a candidate upon the start of the campaign period (N) c. PROCEDURE

2. 3. 4.

>1y imprisonment UNLESS Removed by plenary pardon, amnesty BUT Auto Reacquisition: 5y after service of sentence

ii.

Disloyal Adjudged by final j By competent court, tribunal Having caused, committed any crime involving disloyalty to the duly constituted govt, such as rebellion 4. UNLESS restored to his full civil and political rights accdg to law 5. BUT 5y only Incompetent, Insane 1. Declared by competent authority 2. To be insane or incompetent 3. UNLESS Subsequently removed by declaration of proper authority
1. 2. 3.

iii.

VI.

REGISTRATION OF VOTERS
a. BASIS i. Rational for Reqt: 1. Essential for EXERCISE of right, and NOT POSSESSION of right 2. Right of a citizen to vote is necessarily conditioned upon certain procedural reqts 3. Police power to ensure FOHPC elections ii. Nature: Indispensable BEC Proof of qualification 1. E: Sufficient excuse iii. Purpose 1. Determine who possesses qualifications 2. Regulate exercise of right to vote b. QUALIFICATIONS (V) i. Citizenship ii. Age: 18 at election iii. Residence is domicile: Mere absence is not an abandonment! 1. Actual residence, bodily presence 2. Bona fide intention to remain there and to abandon old domicile 3. Acts corresponding to intention iv. Not otherwise disqualified DISQUALIFICATIONS (same as deactivation grounds) i. Disqualified by conviction: 1. sentenced by final j d.

WHEN: CONTINUING PROCESS! (RA 8189, Sec. 8) 1. Until 120d before General Election 2. Until 90d before Special Election 3. WHY PROHIBITIVE PERIOD: a. to evaluate the evidence of the application b. to ensure accuracy of registry of voters c. BEC to conduct elections on the basis of an inaccurate list is enough to cast a cloud if doubt over the results of the polls and the unforgiving public would disown the results (AKBAYAN v. Comelec) WHERE: ERB of Resident City, Muni i. ELECTION REGISTRATION BOARD 1. Duty: to act on all applications for registration 2. How many: as many as there are election officers 3. Composition a. Chairman: Election Officer i. Highest official, authorized rep of the Comelec in the c/m

e.

c.

b. c.

Public school official most senior in rank Local civil registrar i. If none, City/Muni Treasurer ii. If none, Other appointive civil service official therefrom

ii.

City, Municipality in which he resides 1. Registration therein is NOT LOST BY transfers of residence solely by reason of: a. Occupation b. Profession c. Employment d. Educational activities e. Work in military, naval reservations f. Service in the AFP, PNP g. Confinement, detention in govt institutions 2. EFFECT OF TRANSFER OR RESIDENCE (Diff C/M): They can apply for transfer registration records a. Where: EO of new residence b. How: Notice, Hearing, Approval of ERB i. No NH if within same C/M

h.

his application shall have been seasonably filed iii. Opposition / Challenges to Right to Register 1. Who can a. any voter b. candidate c. representative of registered PP 2. How: a. in writing b. under oath 3. When filed: Not later than 2nd Monday of month in which the app is scheduled to be heard DECISION AS TO APPROVAL / DISAPPROVAL i. Who: ERB 1. EO submits to ERB all apps for reg and evidence ii. How: Majority vote iii. REMEDY: Petition for Exclusion or Inclusion 1. Who: Aggrieved party 2. Where: MTC Approval: Voters Identification Number 1. EO assigns VIN 2. EO issues VI Card a. IF Lost, COMELEC authorizes reissuance v. Disapproval: Certificate of Disapproval 1. Grounds are stated therein vi. Publication of Decision 1. 5d from dis/approval 2. Posted in bulletin board and in EOs office 3. Copy furnished to same CORRECTION OF NAMES / INADVERTENT EXCLUSION i. Who: Any registered voter 1. Who has not been included in the precinct certified list of voters, book of voters 2. Who has been included therein with a wrong or misspelled name ii. How: Application for reinstatement, correction of name iii. Where: ERB iv. Decision 1. Approved iv.

f.

NOTICE OF REGISTRATION APPLICATION i. Who: EO ii. What: 1. Set for hearing 2. Post in bulletin board 1w before hearing 3. Furnish copies to a. Applicant b. Heads, reps of political parties c. Other accredited groups, orgs HEARING ON APPLICATION i. Who: EO ii. What: receive evidence for, against applicant 1. Physical presence of applicant is mandatory WHEN objections against

i.

g.

2.

Denied, Bypassed: Petition in MTC for order directing the entry/correction of his name a. Attach copy of reg record, ID, entry of his name in certified list in preceding election

j.

VOTERS REGISTRATION RECORDS i. All approved registration per precinct ii. Alphabetical accdg to surname iii. Three copies! 1. Original with EO 2. 2nd with provincial central files (with Provincial Election Supervisor) a. Arranged by precinct, by municipality 3. 3rd to national central files (COMELEC in Manila) a. By precinct in each c/m k. LIST OF VOTERS i. What: enumeration of names of registered voters 1. Duly certified by ERB 2. For use in election ii. Duty of EO: Preserve integrity! 1. Verify list of registered voters by regular mail or house canvass 2. File exclusion proceedings when necessary l. BOOK OF VOTERS i. What: compilation of all registration records in a precinct m. DEACTIVATION i. What: removal from the registration records as inactive file ii. Who: ERB iii. Grounds6: IN-CCDD 1. Disqualified by conviction: a. sentenced by final j b. >1y imprisonment c. UNLESS Removed by plenary pardon, amnesty d. BUT Auto Reacquisition: 5y after service of sentence 2. Disloyal a. Adjudged by final j

By competent court, tribunal Having caused, committed any crime involving disloyalty to the duly constituted govt, such as rebellion d. UNLESS restored to his full civil and political rights accdg to law e. BUT 5y only 3. Incompetent, Insane a. Declared by competent authority b. To be insane or incompetent c. UNLESS Subsequently removed by declaration of proper authority 4. Non-User: Did not vote in the 2 successive preceding regular elections 5. Court: Ordered excluded by court 6. Non-Filipino: lost citizenship iv. REACTIVATION: Sworn application for reactivation within registration pd n. CANCELLATION i. Who: ERB ii. Ground: Death of voter

b. c.

VII. INCLUSION/EXCLUSION PROCEEDINGS


a. Nature: Judicial proceedings i. Summary ii. Factual findings and conclusions on matters other than the right to vote are not conclusive 1. MTC can pass upon any question necessary to decide the issue raised 2. BEC with power to settle all matters essential to the exercise of its authority 3. THUS May pass upon issue of CITIZENSHIP BUT it is not res judicata (Major v. Villaceta) iii. Decision does not acquire res judicata EXCEPT 1. right to remain/exclude in voters list 2. in that particular election iv. LIMITATION OF DECISION: Only 1. to determine right of voter to remain in the list of voters 2. to declare voter as not qualified to vote in the precinct in which he is registered 3. NOT to order change, transfer of reg from one place of residence to another (Domino v. COMELEC) v. WHY JUDICIAL: Right to vote is beyond the power of COMELEC Court with Jurisdiction: MTC i. Decide in 10d ii. Appeal to RTC within 5d iii. RTC decides in 10d How: Petition for inclusion or correction of names of voters i. One precinct per petition ii. Implead ERB as respondent iii. Notice to ERB and Challenged Voter iv. No costs UNLESS Solely to harass v. No stipulation of facts vi. Intervention by any affected voter, candidate, pp vii. Non-appearance of challenged voter is prima facie evi that he is fictitious if such is the ground Who can file i. INCLUSION PROCEEDINGS: Petition

e.

Any person whose application for reg has been disapproved by ERB 2. Any person whose name has been stricken out from the lost ii. EXCLUSION PROCEEDINGS: Sworn Petition 1. Registered voter 2. Representative of PP 3. EO a. When necessary to preserve integrity of permanent list of voters When to file i. INC: anytime EXCEPT 105d (ge)/ 75d (se) ii. EXC: anytime EXCEPT 100d (ge)/ 65d (se)
1.

b.

c.

d.

VIII. CERTIFICATES OF CANDIDACY


a. Who are CANDIDATES i. Any person aspiring for or seeking an elective public office ii. Who has filed a certificate of candidacy 1. By himself 2. Through an accredited PP, aggroupment, coalition of parties iii. Only be considered as a candidate at the start of the campaign period for which he filed his COC (RA 8436, Sec. 15.3; in Penera v. COMELEC) b. What is a CERTIFICATE OF CANDIDACY i. Formal manifestation to the whole world of the candidates political creed or lack thereof ii. Statement of a person seeking to run for a public office, certifying 1. that he announces his candidacy for the office mentioned and 2. that he is eligible for the office c. FILING OF COC i. IMPT: MANDATORY REQT 1. No person shall be eligible for any elective public office UNLESS he files a sworn COC within the period fixed by the OEC 2. NOT FILED COCs a. An invalid COC b. A COC filed beyond the pd fixed by law is void c. A COC cancelled or denied due course 3. BUT! Directory only after elections ii. HOW MANY: Each candidate must file COC for ONE OFFICE ONLY 1. OTHERWISE a. Ineligible for any of them b. STRAY VOTE if voted for one who has not filed a COC or not filed COC for an office 2. REMEDY: Declaration of choice a. Before the expiration of pd for filing COCs b. Declare under oath the office which he desires to be eligible c. Cancel the other COCs

iii. iv.

WHEN TO FILE: Day before the date legally fixed for the beginning of the campaign period 1. OTHERWISE, Not valid WHERE TO FILE: COMELEC 1. Ministerial Duty: Receive and acknowledge receipt of COC 2. QJ: Petition to deny due course or cancel COC P, VP, Senators: Head office in Mla HR a. Provincial Election Supervisor b. If NCR, Regional ES c. If Outside NRC, City Election Registrar 5. Provincial Offices: PES 6. City, Municipal Offices: Election Registrar HOW TO FILE: Personally WITHDRAWAL OF COC depends on facts 1. FORM a. Written declaration b. Under oath 2. When: Before the elections 3. Where: Not specified a. Main office b. Office of Regional election director c. Office of provincial election supervisor d. Office of municipal EO 4. Substantial Compliance (Ramirez v. COMELEC): 1st COC was filed by his party but party withdrew his nomination and he thus filed an individual COC for a separate office, THUS, second filing was a rejection of the party nomination on his behalf
3. 4.

v. vi.

vii. SUBSTITUTION CONDITIONS After the last day for filing of COCs Official candidate of a registered, accredited pp Either o Dies o Withdraws o Disqualified for any cause

EFFECTS: Any person from the same PP may file his own COC to replace him o Only a person belonging to and certified by the same pp o May file COC not later than midday of election day o To replace the first candidate Votes for substituted candidate are credited to the substitute o RA 8436, Sec. 12: In case of valid substitutions after the official ballots shall have been printed, the votes case for the substituted candidates shall be considered votes for the substitutes. viii. EFFECT OF FILING: Depends 1. APPOINTIVE OFFICIAL: Ipso fact resigned from his office

It repealed BP 881, Sec. 67 that considered any elective official running for any office as ipso fact resigned from his office upon the filing of COC.

Q: What is the effect of filing a COC by a public officer on his right to continue serving and exercising the duties of the public office he occupies? A: IT DEPENDS. Qualify the nature of the position as being appointive or elective. If he is holding an appointive position, apply Quinto v. COMELEC. If he is an elective officer, apply the Fair Election Act (RA 9006, Sec. 14)

Operative Acts: Only the moment and act of filing are considered Forfeiture is automatic Permanently effective Withdrawal of COC does not restore position BASIS: Constitution prohibits it! (Quinto v. COMELEC) IX-C, Sec. 2.4: No officer or ee in the civil service shall engage, directly or indirectly, in any partisan political campaign or electioneering in the civil service No violation of the Equal Protection Clause because it is not absolute and there are substantial distinctions from elective offices Elective offices are naturally political affair The election of the elective officials is an expression of the sovereign will that must be respected. The people voted for these officials for a definite term for which they expect them to serve. Thus, their expectations of term of service would be frustrated if the officials are deemed resigned from the filing of COCs. The same does not exist in appointive officials.
2.

ELECTIVE OFFICIAL: None

BASIS: Fair Election Act, Sec. 14 RA 9006: Elective officials continue in office even as they campaign for reelection, or election or another elective position.

IX.
74:

REMEDIES AGAINST COCs4


a. CANCELLATION OF COC, DENY DUE COURSE

that the person filing it is announcing his candidacy for the office stated therein and that he is eligible for said office; if for Member of the Batasang Pambansa, the province, including its component cities, highly urbanized city or district or sector which he seeks to represent; the political party to which he belongs; his date of birth; residence; his profession or occupation; that he will support and defend the Constitution of the Philippines and will maintain true faith and allegiance thereto; that he will obey the laws, legal orders, and decrees promulgated by the duly constituted authorities; that he is not a permanent resident or immigrant to a foreign country; civil status; his post office address for all election purposes; that the obligation imposed by his oath is assumed voluntarily, without mental reservation or purpose of evasion; and that the facts stated in the certificate of candidacy are true to the best of his knowledge. the name by which he has been baptized, or if has not been baptized in any church or religion, the name registered in the office of the local civil registrar or any other name allowed under the provisions of existing law or, in the case of a Muslim, his Hadji name after performing the prescribed religious pilgrimage o Unless a candidate has officially changed his name through a court approved proceeding o Provided, That when there are two or more candidates for an office with the same name and surname, each candidate, upon being made aware or such fact, shall state his paternal and maternal surname, except the incumbent who may continue to use the name and surname stated in his certificate of candidacy when he was elected. o He may also include one nickname or stage name by which he is generally or popularly known in the locality. latest photograph, passport size; a statement in duplicate containing his bio-data and program of government not exceeding one hundred words, if he so desires

b. CANCELLATION OF COC c. QUO WARRANTO d. DISQUALIFICATION

INCLUSION / EXCLUSION Basis What Who Files

CANCELLATION / DDC 78 Verified petition to cancel or deny due course to COC Any person

CANCELLATION 69 Verified Petition (IF Party) Motu proprio (IF Comelec) 1. Interested party 2. Comelec

QUO WARRANTO 253 Sworn Petition for Quo Warranto Any voter contesting the election of - Congress, Regional, Provincial, City Officer - Municipal, Bgy Officer 10d after proclamation *Failure to cancel under 78 does not bar QW under 153 *Suspended by Pre-Procl., Disqualification, COC Cancellation action (248, OEC) Congress, Regional, Provincial, City Officer: Comelec Municipal: RTC 68

DISQUALIFICATION

When Filed

Before election day

Not later than 25d from filing of COC

Before election

After election and proclamation

Where Filed

Issues Grounds

Eligibility to vote

Application to be a candidate; Qualifications of candidate Material misrepresentation in COC on eligibility and qualifications (as reqd in 74) e.g. citizenship (Labo v. Comelec), residency (Abella v. Larrazabal)

Bona fide intention to run for office 1. COC was filed to put the election process in mockery or dispute 2. COC was filed to cause confusion among the voters by the similarity of the names of the regd candidates 3. Other circumstances or acts which clearly demonstrate that the candidate has no bona fide intention to run for the office for which the COC has been filed and thus prevent a faithful determination of the true will of the electorate 4. WHY: State has a compelling interest to ensure that its electoral exercises are rational, objective, and orderly (Martinez v. HRET)

Barangay: MTC Qualifications of candidate 1. 2. Ineligibility Disloyalty to the RP Disqualification 1. Declared insane or incompetent by competent authority UNTIL Declaration to contrary 2. Sentenced by final j for subversion, insurrection, rebellion, any offense with >18m, crime involving moral turpitude UNLESS: Plenary Pardon, Amnesty; UNTIL 5y from service 3. Declared guilty by final decision of a competent court, or found by Comelec of having a. given money, other material consideration to influence, induce, corrupt voters, public officials performing electoral functions b. Committed acts of terrorism to enhance

Effect

Jurisdiction of COMELEC continues Votes cast: 1. Disqualified by final judgment before the election: Votes not counted 2. No final j of disqualification: May be voted for and proclaimed UNLESS o Motion by complainant o Comelec Order of suspension of proclamation o Bec grounds for disqual/cancellation are strong

candidacy c.Spent in his election campaign an amount in excess of allowed d. Solicited, received, made any prohibited contribution e. Violated rules on election propaganda in OEC (80, 83, 85, 86, 261) 4. Permanent resident, immigrant of a foreign country UNLESS Waived status (RA 9225 requires Personal and Sworn Renunciation) Filed and decided before election: Disqualify Filed but not decided before elections: Refer to Law Dept. for preliminary investigation Filed after election and proclamation as winner: Dismiss disqualification case but refer to Law Dept. for PI Filed after election and before proclamation: o Dismiss o Refer to LD o Pet. for Suspension in proper court by LD if theres already Info and prima facie guilty IF DISQUALIFIED, second placer does not become the winner EXCEPT o Electorate is fully aware of disqualification in fact and in law (Sunga v. Comelec) o LGC, Sec. 44: Succession in vacancy of mayors office

X. ELECTION CAMPAIGN
a. What: Election Campaign, Partisan Political Activity i. Act designed to promote the election or defeat of a particular candidate to a public office ii. NOT Public expressions of opinions, discussions of probable issues in a forthcoming election, criticisms of probable candidates PROHIBITED ACTS (ForProCamFoo) i. To engage in an election campaign except during the campaign period 1. By any person 2. Lanot v. Comelec and Penera v. Comelec: No candidate until the start of election period ii. To in/directly aid any candidate, pp 1. By any foreigner iii. To take part in, influence in any manner any election 1. By any foreigner iv. To contribute, make any expenditure in connection with any election campaign, partisan political activity 1. By any foreigner v. To remove, destroy, obliterate, deface, tamper with, prevent distribution of lawful election propaganda 1. By any person 2. During campaign period vi. To give, accept, free of charge, in/directly, transportation, food, drinks, things of value, money for such purposes 1. By any candidate, pp, person 2. During the 5h before and after public mtg 3. On the day preceding election 4. On the day of election ELECTION SURVEYS i. What: measurement of opinions and perceptions of the voters as regards a candidates popularity, qualifications, platforms, or any matter of public discussion in relation to the election ii. RA 9006, Sec. 5.4 prohibiting prior publication (15d before national elections and 7d before local) is unconstitutional (SWS v. Comelec) d.

iii.

Basis: Freedom of speech (SWS v. Comelec)

EXIT POLLS also allowed (ABS-CBN)

e. COMELEC SPACE i. Ph. Press Institute v. Comelec: Taking of print space is unconstitutional bec. without just compensation f. TEST FOR VALID REGULATION i. Within the constitutional power of Govt ii. Furthers an important, substantial govt interest iii. Govt interest is unrelated to the suppression of free expression iv. Incidental restriction is no greater than is essential to the furtherance of that interest (OBrien test in Adiong v. Comelec) ELECTORAL CONTRIBUTIONS AND EXPENDITURES i. ELECTORAL CONTRIBUTIONS 1. Any gift, donation, subscription, loan, advance, deposit of money, anything of value made for the purpose of influencing the results of the elections 2. Excludes services rendered without compensation by volunteers ii. ELECTORAL EXPENDITURE 1. Payment, delivery of money, anything of value, or contract, promise, agreement to make an expenditure for the purpose of influencing the results of the election iii. PROHIBITED CONTRIBUTIONS BY 1. Financial institutions, public/private a. E: Loan to candidate in accordance with its laws and regulations and in the ordinary course of its business of lending money 2. Operators of public utilities 3. Possessors, exploiters of natural resources 4. Holders of contract to supply the govt with goods, services, construction work 5. Grantees of franchises, incentives, exemptions, allocation, similar privileges, concessions by govt

b.

g.

c.

Grantees of loans in excess of P25k within 1y prior to election by govt 7. Educational institutions receiving grants of public funds of P100k 8. Civil service officials, ees 9. AFP members 10. Foreigners and corps. iv. PROHIBITED SOLICITATIONS 1. By any person 2. Of prohibited contributions v. PROHIBITED RAISING OF FUNDS: From commencement if election period up to election day vi. PROHIBITED DONATIONS 1. Who a. Candidate b. Spouse c. Relative 2o c/a d. Treasurers, agents, reps of any pp 2. When: During campaign period 3. What: In/directly make donation, contribution in cash, undertake to construction, repair of roads, bridges, schoolhouses, any structure for public use a. E: Religious collections, payments for legitimate scholarships and school contributions habitually made before the period vii. HOW CHECKED: Statement of contributions and expenditures 1. When: 30d after election 2. What: true and itemized statements of all contributions and expenditures in connection with the election 3. Effect of Failure a. Cannot enter upon the duties of his office b. Administrative fine c. Perpetual Disqualification for second offense
6.

b.

E: Intervene when necessary to discharge its duties, incidental to its power to register political parties 1. Decide questions on party leadership to determine who truly represents the party between warring groups (Atienza v. Comelec) REMOVAL / CANCELLATION OF REGISTRATION i. Religious sect ii. Advocates violence, unlawful means to seek its goal iii. Foreign party, org iv. Receives support from foreign govt, orgs for partisan election purposes v. Violates, fails to comply with laws, rules, regulations relating to elections vi. Declares untruthful statements in the petition vii. Has ceased to exist for 1y viii. Fails to participate in last two preceding elections ix. Fails to obtain at least 2% in the last two

ii.

PARTY-LIST NOMINATIONS i. At least 5 names ii. Person may be nominated by one party in one list only iii. He must give consent in writing iv. He must not be a candidate for any elective office in the same election, or have lost in the immediately preceding election v. No change of name or order of nominees EXCEPT 1. EXCLUSIVE (CIBAC Dies 2. Incapacitated case) 3. Withdrawn nomination in writing under oath d. QUALIFICATIONS OF NOMINEES i. NB citizen ii. Registered voter iii. Resident 1y iv. Literate v. 25 years old vi. Bona fide member of party for at least 90d preceding election 1. Nominees must belong to marginalized and underrepresented sectors (Ang

c.

XI.

POLITICAL PARTIES
a. Limit to Jurisdiction of COMELEC i. GR: None over internal matters of parties

Bagong Bayani v. Comelec, citing RA 7941, Sec. 2) e. QUALIFICATIONS OF PARTIES i. Belong to marginalized and underrepresented sectors, orgs, parties ii. Lack well-defined constituencies iii. Could contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole (Ang Bagong Bayani v. Comelec)

XII. ELECTIONS
a. What i. ii. Kinds i. Embodiment of the popular will Expression of the sovereign will of the people in the choice of candidates to public office for definite and fixed periods ii.

b.

c.

d.

GENERAL, provided for by law for the election to offices throughout the State, after the expiration of the full term of former officers ii. REGULAR, held at regular intervals on such dates as provided by law iii. SPECIAL, under special circumstances Purpose: give people direct participation in the affairs of govt i. Construction of Election Laws 1. Before elections: Mandatory! a. Laws for the conduct of elections 2. After elections: DIRECTORY a. E: CITIZENSHIP! Always mandatory ( Frivaldo) b. WHY i. Innocent voters will be deprived of their votes without fault on their part ii. So as not to disenfranchise voters What Constitutes an Election: Plurality of Votes i. Plurality of votes lawfully cast ii. REGARDLESS of actual number of ballots cast iii. No quorum reqd

e. CASTING OF VOTES i. In person ii. Once iii. Absentee Voters (RA 7166) 1. For P, VP, Senators, Partylist 2. Includes AFP and PNP, Other govt officers with election duties and assigned to places where they are not regd f. OFFICIAL COMELEC BODIES i. BOARD OF ELECTION INSPECTORS 1. Purpose: Counting of votes

Positions a. Chairman b. Poll clerk c. Member 3. Composition: Public School Teachers a. One must be an Information Technology-capable person BOARD OF CANVASSERS 1. Purpose: Ministerial duty of canvassing all votes on election returns submitted to it in due form 2. Power: To declare apparent result a. COMELEC Can change decision BEC of Direct control and supervision b. THUS Annulment of Canvass, Proclamation IF Based on incomplete, incorrect, tampered returns 3. Composition a. National BC i. Senators, Party-list: Comelec en banc ii. President: Congress b. Provincial BC i. Chairman: PES / Lawyer in the regional office of Comelec ii. Vice Chair: Provincial fiscal iii. Member: Prov. Superintendent of Schools c. City BC i. Chairman: City Election Registrar Lawyer of Comelec ii. Vice Chair: City fiscal iii. Member: City Super. of Schools d. Municipal BC i. Chairman:
2.

4.

Election Registrar Lawyer of Comelec ii. Vice Chair: Muni. Treas. iii. Member: Most senior district school supervisor Principal of school district DECLARATION OF WINNER a. Not conclusive i. E: Collateral matters b. But prima facie evi of result and title to office of those declared elected c. Reviewing Power: i. MTC: Bgy proclamations ii. RTC: Municipal iii. COMELEC: Provincial offices iv. HRET: Legis. Districts v. SET: Senators vi. PET: President

XIII. ELECTION REMEDIES


POSTPONEMENT OF ELECTIONS Nature FAILURE OF ELECTION / ANNULMENT OF ELECTION - Extraordinary remedy - Special action - Not a pre-proclamation controversy - Not an election case PRE-PROCLAMATION CONTROVERSY Summary can decide without hearing and on the mere basis of the records and evidence elevated to it by the BOC (RA 7166, Sec. 18 in Velayo v. Comelec) ELECTION PROTEST Election Contest is either: Election Protest Quo Warranto with same objective of dislodging winning candidate - Imbued with public interest - Not purely personal and exclusive to parties THUS Not affected by death Conduct of Elections - who actually obtained the plurality of the legal votes - purpose is to install contestant into place - contest b/w defeated and winning candidates on ground of frauds, irregularities in the casting and counting of ballots, preparation of returns - includes technical examination of voters signature and thumbprints

Issues

Change in results of election

ELECTION RETURNS - any question or matter pertaining to, affecting the proceedings of the BOC - prevents grabbing of proclamation and delaying protest Before automation: Preparation, Transmission, Receipt, Custody, Appreciation of ERs WON ERs are authentic and regular ON ITS FACE o Dont go behind ERs even if there are alleged irregularities o No authority to do so o Remedy is protest a. Illegal composition or proceedings of the board of canvassers o Discrepancy with other authentic copies of the certificate of canvass or statement of votes o Discrepancy in votes of any candidate in words and figures in the CC o Discrepancy in the votes of any candidate in the CC vis a vis aggregate number of votes in the ER o CC appears to be incomplete o Erasures, alterations which cast doubt on the veracity of the no. of votes stated

Grounds

Any serious cause of such nature that the holding of a free, orderly, honest election should become impossible: Violence Terrorism Force majeure Other analogous cases Loss, destruction of election paraphernalia, records (FAT LV)

3 REQUIREMENTS: CAUSES (FAT FV) Violence Terrorism Force majeure Other analogous causes Fraud CIRCUMSTANCES (on/before/after casting of votes) No election is held: election in any polling place has not been held on the fixed date Election is suspended: election had been suspended before the hour fixed by law

for the closing of the voting Election is held: failure to elect even after the voting and o during the preparation and transmission of the election returns, or o in the custody, or o in the canvass SINE QUA NON: Failure, suspension of election would affect the result of the election o Nobody emerged as winner o Will of the electorate cannot be ascertained

and may affect the results of the elections

b. The canvassed election returns are incomplete, contain material defects, appear to be tampered with or falsified, or contain discrepancies in the same returns or in other authentic copies thereof as mentioned in Sections 233, 234, 235 and 236 of this Code; c. The election returns were prepared under duress, threats, coercion, or intimidation, or they are obviously manufactured or not authentic; and d. When substitute or fraudulent returns in controverted polling places were canvassed, the results of which materially affected the standing of the aggrieved candidate or candidates. After automation (Comelec Resolution No. 8804, 2010) Only first category remains o Precipitate canvassing o Terrorism o Lack of sufficient notice to BOC o Improper venue o IT qualification of BOC member No suspension of proclamation (YET Action is precisely to suspend!) After elections, before proclamation Any candidate Any regd PP

When Who

Before elections Interested party Comelec

After elections, before proclamation Interested party Comelec

MOOTED BY AUTOMATION

After proclamation and assumption of office Defeated party! Candidate who has duly filed his CPC and has been voted for in the elections

How

Verified petition by any interested party Motu proprio by Comelec

Verified petition by any interested party Motu proprio by Comelec

Oral objections to BOC Chair

Who has Jurisdiction

Comelec EN BANC

Comelec EN BANC

when return is presented for inclusion in canvass Written objection in form within Evidence 24h BOC or Comelec GR: Local elective officials only E: P, VP, Congress, Bgy bec too many ERs scattered all throughout the country o Correction of manifest errors in certificate of canvass or election returns o Old: Authenticity and due execution of certificate of canvass

Depends o Barangay: MTC o Muni: RTC o RPC: Comelec o Congress: HRET/SET o P, VP: PET >No 65 bec you dont review your own decision > Remedy: Amend the law so as not to be composed of all Justices GR: Moots pre-proclamation controversy in Comelec WHY: To settle matters in controversy conclusively and once and for all E: (Villamor v. Comelec) BOC improperly constituted Quo Warranto not proper remedy In essence a petition to annul proclamation QW/EP expressly made without prejudice to pre-procl. or was ad cautelam only to preserve the ballots (Agbayani v. Comelec) Proclamation was null and void Court may motu proprio reject ballots since it is not intended that the contestant set forth the grounds of his protest with same precision as reqd in ordinary civil cases No DEMURRER bec. it delays the proceedings and prolongs uncertainty in public office o E: Waives presentation of evi if adverse on him (Enojas v. Comelec) EXECUTION PENDING APPEAL o Good reasons Public interest

Requirements

Due notice and hearing New date must not be later than 30d after cessation of cause (UNLESS Reasonable circumstances beyond fault of Comelec) and should be reasonably close to date of election not held Remedy: 65

Verified petition by any interested party Summary hearing Proved by substantial evi New date must not be later than 30d after cessation of cause (UNLESS Reasonable circumstances beyond fault of Comelec) and should be reasonably close to date of election not held

Will of electorate Shortness of remaining portion of term of contested office Length of time that contest is pending o Motion with notice o Order stating good reasons ACTUAL DAMAGES Recoverable in accordance with law