1

Emergency Reviewer

I
Election

Embodiment of the popular will, the expression of the

sovereign power of the people.

Components:

Choice or selection of candidates to public office by popular

vote

Conduct of the polls

Listing of votes

Holding of Electoral campaign

Act of casting and receiving the ballots from the voters

Counting the ballots

Making the election returns

Proclaiming the winning candidates

Regular election refers to an election participated in by those

who possess the right of suffrage and not disqualified by law and
who are registered voters.
Special election is when there is failure of election on the
scheduled date of regular election in a particular place or which is
conducted to fill up certain vacancies, as provided by law.
Political Parties
Definition (Omnibus Election Code)
An organized group of persons pursuing the same ideology,
political ideas or platforms of government including its branches
and divisions.

Types of Political Parties

1) Registered Parties:
1. Dominant Majority Party usually the administration party;
entitled to a copy of election return
2. Dominant Minority Party entitled to a copy of election
return
3. Majority Political Party
4. Top 3 Political Parties entitled to appoint principal watcher
and a copy of the certificate of canvass
5. Bottom 3 political parties entitled to appoint principal
watcher
2) Non-registered parties
Criteria to Determine the Type of Political Party
1. Established Record of the said parties, showing in past
elections
2. Number of Incumbent Elective Officials
3. Identifiable political organizations and strengths
4. Ability to fill a complete slate of candidates
5. Other analogous circumstances
Grounds for Challenging the Voter
1. Illegal voters ( Not Registered / Using the name of another /
disqualified )
2. Based on certain illegal acts (Vote buying)
Acquisition of Juridical Personality
It is acquired upon registration with the COMELEC.

Forfeiture of Status as a Registered Political Party

The status shall be deemed forfeited if the political party, singly or
in coalition with others, fails to obtain at least 10% of the votes
cast in the constituency in which it nominated and supported a
candidate/s in the election next following its registration. There
shall be notice and hearing.
Candidates
Rules on Filing of Certificates of Candidacy
1. No person shall be elected into public office unless he files his
certificate of candidacy within the prescribed period
2. No person shall be eligible for more than one office. If he/she
files for more than one position, he shall not be eligible for all
unless he cancels all and retains one
3. The certificate of candidacy shall be filed by the candidate
personally or by his duly authorized representative.
4. Upon filing, an individual becomes a candidate, he is already
covered by rules, restrictions and processes involving
candidates.
Grounds for Disqualification
1. Election offenses under Sec 68 of the Omnibus Election Code
(OEC)
2. Not possessing qualifications and possessing disqualifications
under the Local Government Code
2.1 Sentenced by final judgment for an offense involving moral
turpitude or for an offense punishable by one year or more of
imprisonment within two years after serving sentence
2.2 Removed from office as a result of an administrative case

2.3 Convicted by final judgment for violating the oath of

allegiance to the Republic
2.4 Dual citizenship ( more specifically, dual allegiance)
2.5 Fugitives from justice in criminal or non-political cases here
or abroad
2.6 Permanent residents in a foreign country or those who have
acquired the right to reside abroad and continue to avail of the
same right
2.7 Insane or feeble-minded
1. Nuisance candidate
2. Violation of sec 73 of OEC with regard to certificate of
candidacy
3. Violation of sec 78 which is material misrepresentation of
reqts under sec. 74.
* Disqualifications (from continuing as a candidate or from
holding the office if already elected):
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 is
found by the Commission of having:
1. Given money or other material consideration to influence,
induce or corrupt the voters or public officials performing
electoral functions.
2. Committed acts of terrorism to enhance his candidacy
3. Spent in his election campaign an amount in excess of that
allowed by the Omnibus Election Code )
4. Solicited, received or made any contribution prohibited under
this Code

5. Violated any of the following sections: Section 80, 83,

85,86,261
6. Permanent resident of or an immigrant to a foreign country
shall not be qualified to run for any elective office UNLESS
he/she has waived his/her status as a permanent
resident/immigrant of a foreign country in accordance with
the residence requirement provided for under election laws.
Effect of a Disqualification case (under RA 6646)
1. Any candidate who has been declared by final judgment to be
disqualified shall NOT be voted for. The votes cast in his favor
shall not be counted.
2. If the candidate is not disqualified by final judgment before
the election and receives the highest number of votes in the
election, the court or COMELEC will continue with the trial
and hearing of the action, inquiry or protest. Upon motion of
the complainant or intervenor, the court or COMELEC may
order the suspension of the proclamation of the candidate
whenever the evidence of his guilt is strong.

Nuisance Candidates
A. The term refers to candidates who have no bona fide
intention to run for the office for which the certificate of
candidacy has been filed and would thus prevent a faithful
determination of the true will of the people.
B. Power of COMELEC
1. May refuse to give due course to or cancel a certificate of
candidacy of a nuisance candidate. This can be done motu
proprio or upon verified petition of an interested party.
2.There should be a showing that:

1. Certificate of candidacy has been filed to put the election

process in mockery/disrepute or
2. To cause confusion among the voters by the similarity of the
names of the registered candidates
3. Other circumstances which clearly demonstrate that the
candidate has no bona fide intention to run for the office
Petition to deny due course to or to cancel a Certificate of
Candidacy
A. Exclusive ground: A material representation in the certificate
of candidacy is false.
B. The petition should be filed not later than 25 days from the
filing of the certificate of candidacy.
C. It should be decided not later than 15 days before the election,
after due notice and hearing.
Election Campaign/Partisan Political Activity
Definition
1) It refers to an act designed to promote the election or defeat of
a particular candidate/s to a public office
2) It includes:
A. Forming organizations, associations, clubs, committees or other
groups of persons for the purpose of soliciting votes and/or
undertaking any campaign for or against a candidate.
B. Holding political caucuses, conferences, meetings, rallies,
parades or other similar assemblies for the purpose of soliciting
votes and/or undertaking any campaign or propaganda for or
against a candidate.

C. Making speeches, announcements or commentaries or holding

interviews for or against the election of any candidate for public
office.
D. Publishing or distributing campaign literature or materials
designed to support or oppose the election of any candidate.
E. Directly or indirectly soliciting votes, pledges or support for or
against a candidate.
3) When the acts enumerated above are NOT considered an
election campaign/partisan political activity.
If the acts are performed for the purpose of enhancing the
chances of aspirants for nomination for candidacy to a public
office by a political party, aggroupment, or coalition of parties.
RA 9006 FAIR ELECTION ACT
Important Features:
1) Repeal of Sec. 67 of the OEC Now, any ELECTIVE official,
whether national or local, running for any office other than the
one which he is holding in a permanent capacity shall not be
considered ipso facto resigned from his office upon the filing of
his certificate of candidacy.
2) Lifting of the Political Ad Ban Written and Printed Materials
(8.5 W x 14L)
Letters
Posters (2 x 3) in common-private poster areas ( not more than
10 public places per political party or independent candidate, 12
16), private places and public places
Rally streamers (3 x 8) NOT MORE THAN 2
Paid Advertisements at Discounted Rates

Print : 1/4th page in broadsheet and page in tabloid 3x a week

Television: 120 minutes for candidate for nationally elective office
and 60 for local
Radio: 180 minutes for candidate for nationally elective office and
90 for local
COMELEC free space (3 national newspaper for nationally elective
officials and 1 national newspaper for local) and airtime
(3 national television networks for nationally elective officials and
1 station for local ) : equal allocation for all candidates for 3
calendar days
Authorized Expenses ( multiplied with the total number of
registered voters )

P 10 for president / vice president

P 3 for other candidates for every voter currently registered

in the constituency

P 5 for independent candidates and political parties

Voters
Qualifications

Age: 18 years old and over.

Residence

1. He /she should have resided in the Philippines for one year

and
2. Resided in the city/municipality wherein he proposes to vote
for at least 6 months immediately preceding the election.
Residence Requirement

If the transfer of residence is due to any of the following reasons,

the person concerned will be deemed NOT to have lost his
original residence:
A. Transfer solely because of occupation, profession, employment
in private or public service
B. Educational activities
C. Work in military or naval reservations
D. Service in the army, navy or air force, national police force
E. Confinement/detention in government institutions in
accordance with law.

RA 8189 VOTERS REGISTRATION ACT OF 1996

Q: Can there still be general registration of voters?
A: No more, because 8189 (7) provides for such only for the May
98 elections
Q: What kind of registration system do we have?
A: Continuing, Computerized and Permanent
Disqualifications
A. If sentenced by final judgment to suffer imprisonment for not
less than 1 year and such disability was not removed by plenary
pardon or has not been granted amnesty. However, any person
disqualified to vote shall automatically reacquire the right to vote
upon expiration of 5 years after service of sentence.
B. Any person who has been adjudged by final judgment by
competent court or tribunal of having committed any crime
involving disloyalty to the duly constituted government such as
rebellion or any crime against national security:

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1. UNLESS restored to his full civil and political rights in

accordance with law.
2. However, he shall regain his right to vote automatically upon
expiration of 5 years after service of sentence.
C. Insane or incompetent persons as declared by competent
authority.
Jurisdiction in Inclusion/Exclusion cases
A. The municipal and metropolitan trial courts shall have original
and exclusive jurisdiction over all matters of inclusion and
exclusion of voters from the list in their respective municipalities
or cities. Petition filed at any time except 105 days before regular
election or 75 days before special election
B. Decisions may be appealed to the RTC within 5 days from
receipt of notice of decision.
C. RTC will decide the appeal within 10 days. Decision is final and
executory.
D. Note: Relate this to Article IX of the Constitution which
provides that the COMELEC has no jurisdiction over questions
involving the right to vote.
E. Exclusion is through sworn petition and not later than 100 days
before regular election; 65 days before special election
Grounds when the List of Voters will be altered:

Deactivation/ Reactivation

Exclusion/ Inclusion

Cancellation of Registration in case of Death

New voters

Annulment of Book of Voters

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Transfer of Residence

How is challenge to right to register effected?

Who any voter, candidate, political party representative
How in writing, stating grnds, under oath, proof of notice of
hearing

Deactivation means removing the registration records of persons

from the precinct book of voters and place the same, properly
marked and dated in indelible ink, in the inactive file after
entering the cause of deactivation.
How is reactivation of registration effected ?
Sworn application for reactivation
Affidavit
Not later than 120 days before regular election and 90 days
before special election
Annulment of Book of Voters is through verified petition; notice
and hearing; not prepared in accordance with law or prepared
through fraud, bribery, forgery, impersonation, intimidation,
force, any similar irregularity or which contains data that are
statistically improbable
Cannot be done within 90 days before election
Postponement of Election
Causes

Violence

Terrorism

Loss or destruction of election paraphernalia/records

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Force majeure

Other analogous causes

Effect
It is impossible to hold a free, orderly and honest election in any
political subdivision
COMELEC can postpone the election (when decided by a majority
vote of the COMELEC sitting en banc, RA 7166):
A. Motu proprio
B. Upon a verified petition by any interested party, after due
notice and hearing
Date of new election
The date of the postponed election should be reasonably close to
the date of the election not held, suspended, or which resulted in
a failure to elect. It should not be later than 30 days after the
cessation of the cause for such postponement or suspension of
the election or failure to elect.
Failure of Election
Causes

Force majeure

Violence

Terrorism

Fraud

Other analogous causes

Under RA 7166, the causes for the declaration of the failure of

election may occur before or after the casting of votes or on the
day of the election.

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Effects of above causes

A. Election in any polling place was not held on the date fixed;
B. Election was suspended before the hour fixed by law for the
closing of the voting
C. Elections results in a failure to elect (after the voting and during
the preparation and
transmission of the election returns or
in the custody or canvass thereof)
AND the failure or suspension of the election would affect the
result of the election
Remedy
COMELEC can call for the holding or continuation of the election
not held, suspended, or which resulted in a failure to elect. The
election should be held not later than 30 days after the cessation
of the cause of the postponement or suspension of the election
or failure to elect. This is decided by the COMELEC, by a majority
vote of its members, sitting en banc.

RA 7941 Party-List System Act

Seeks to promote proportional representation

Any party already registered need not register anew. File

manifestation not later than 90 days before election.

Grounds for refusing or canceling registration of Party-Lists

groups
1. Religious sect or denomination, organization
2. Advocates violence
3. Foreign party or organization
4. Receives foreign support

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5. Violates election law

6. Untruthful statements in its petition
7. Ceased to exist for at least one year
8. Failed to participate in the last two preceding elections or
fails to obtain at least 2% of the votes cast under the partylist system in the 2 preceding elections for the constituency in
which it has registered
Nomination of party-list reps should not include any candidate for
any elective office or a person who has lost his bid for an elective
office in the immediately preceding election
Incumbent sectoral representatives in the House of
Representatives who are nominated in the party-list system shall
not be considered resigned
Party List Reps constitute 20% of the total number of the
members of the House of Reps including those under the partylist
How do we determine the number of party list seats in the House
of Reps?
(# of District Reps / 0.80) x 0.20 = # of party list reps

There are presently 208 legislative districts, according to the

Veterans Federation Case

The 5 major political parties are now entitled to participate in

the party list system

Parties receiving at least 2% of the total votes cast for the

party-list system shall be entitled to one seat each

No party shall be entitled to more than 3 seats

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Currently, there are 260 seats. So 20 % of 260 is 52 seats. But

this is only a ceiling.

A list with 5 names should be submitted to COMELEC as to

who will represent the party in the Congress. Ranking in the
list submitted determines who shall represent party or
organization.

Rules for Appreciation of Ballots

Liberal Construction in favor of the validity of the ballot

Look at the ticket slate, consider locality or literacy rate

Rule 211 of the OEC

Incumbency / Surname

Cannot ascertain STRAY VOTE

Pre-Proclamation Controversies
Definition
1. A pre-proclamation controversy refers to any question
pertaining to or affecting the proceedings of the board of
canvassers which may be raised by any candidate or by any
registered political party or coalition of political parties
before the board or directly with the COMELEC.
1. It would also refer to any matter raised under Sections 233,
234, 235, and 236 of the Omnibus Election Code in relation to
the preparation, transmission, receipt, custody, and
appreciation of the election returns. (Board of canvassers
have original jurisdiction while COMELEC have appellate
jurisdiction)
1. When election returns are delayed, lost or destroyed
(Sec.233)

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2. Material defects in the election returns (Sec. 234)

3. When election returns appear to be tampered with or
falsified. (Sec. 235)
4. Discrepancies in election returns (Sec. 236)
C. Those that can be filed with COMELEC directly are the ff:

Issue involves the illegal composition or proceedings of the

board of canvassers, as when a majority or all of the
members do not hold legal appointments or are in fact
usurpers

Issue involves the correction of manifest errors in the

tabulation or tallying

of the results during the canvassing

Recount
There can be a recount under the grounds of 234-236. The returns
involved will affect the results and the integrity of the ballot box
has been preserved
Issues that may be raised in a pre-proclamation controversy
1. Illegal composition or proceedings of the board of canvassers
2. 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
authentic
copies thereof.
3. The election returns were prepared under duress, threats,
coercion, or intimidation, or they are obviously
manufactured, or not authentic.

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4. When substitute or fraudulent returns in controverted polling

places were canvassed, the results of which materially
affected the standing of the aggrieved candidate/s.
Procedure
A. Contested composition or proceedings of the board (under RA
7166)
It may be initiated in the board or directly with COMELEC.
B. Contested election returns (under RA 7166)
Matters relating to the preparation, transmission, receipt, custody
and appreciation of the election returns, and certificate of
canvass, should be brought in the first instance before the board
of canvassers only.
Summary nature of pre-proclamation controversy
1. Pre-proclamation controversies shall be heard summarily by
the COMELEC.
2. Its decision shall be executory after the lapse of 5 days from
receipt by the losing party of the decision, unless restrained
by the SC.
Effect of filing petition to annul or suspend proclamation
It suspends the running of the period within which to file an
election protest or quo warranto proceedings.
When not allowed
Pre-proclamation cases on matters relating to the preparation,
transmission, receipt, custody and appreciation of the election
returns or the certificates of canvass NOT allowed in elections for:
(under RA 7166)

President

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Vice-President

Senator

Member of the House of Representatives

BUT: The appropriate canvassing body motu propio or upon

written complaint of an interested person can correct manifest
errors in the certificate of canvass or election returns before it.
BUT: Questions affecting the composition or proceedings of the
board of canvassers may be initiated in the board or directly with
COMELEC.

When pre-proclamation cases are deemed TERMINATED (RA

7166)
1. All pre-proclamation cases pending before the COMELEC shall
be deemed terminated at the beginning of the term of the
office involved and the rulings of the boards of canvassers
concerned deemed affirmed.
B. This is without prejudice to the filing of a regular election
protest by the aggrieved party.
C. HOWEVER: Proceedings MAY CONTINUE if:
1. The COMELEC determines that the petition is meritorious and
issues an order for the proceedings to continue or
2. The Supreme Court issues an order for the proceedings to
continue in a petition for certiorari.
Election Contest
Original Jurisdiction
COMELEC has ORIGINAL jurisdiction over contests relating to the
elections, returns, qualifications of all elective:

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Regional

Provincial

City officials

Appellate Jurisdiction
COMELEC has APPELLATE jurisdiction over all contests involving:
A. Elective MUNICIPAL officials decided by trial courts of
GENERAL jurisdiction
B. Elective BARANGAY officials decided by trial courts of LIMITED
jurisdiction
Who can file a petition contesting the election
Any candidate who has duly filed a certificate of candidacy and
has been voted for the same office
Purpose of an election contest
The defeated candidate seeks to outs the proclaimed winner and
claims the seat.
Final COMELEC Decisions
Provision that decisions, final orders, rulings of the Commission
on election contests involving municipal and barangay offices are
final, executory and not appealable:
A. This only applies to questions of FACT. ( Flores v. COMELEC, 184
SCRA 484)
B. It does NOT preclude a special civil action of certiorari. (Galido
v. COMELEC, Jan. 18,1991)
Distinctions between Pre-Proclamation Controversy and Election
Contest
1) Dividing line: Proclamation of a candidate

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2) Jurisdiction
A. Pre-proclamation controversy
1.The jurisdiction of COMELEC is administrative/quasi-judicial
2.It is governed by the requirements of administrative due
process
B. Election contest
1.The jurisdiction of COMELEC is judicial
2.It is governed by the requirements of judicial process
3) In some cases, even if the case (involving municipal officials)
began with the COMELEC before proclamation but a proclamation
is made before the controversy is resolved, it ceases to be a preproclamation controversy and becomes an election contest
cognizable by the RTC.
4)
However, in some cases, the SC has recognized the
jurisdiction of COMELEC over municipal cases even after
proclamation. Relate to the provision in RA 7166 allowing preproclamation controversy proceedings to continue even after a
proclamation has been made.

Election Offenses ( Selected Offenses)

Vote buying and vote-selling
A. Covered acts
1.Give, offer or promise money or anything of value
2. Making or offer to make any expenditure, directly or indirectly,
or cause an expenditure to be made to any person, association,
corporation, entity or community

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3.Soliciting or receiving, directly or indirectly, any expenditure or

promise of any office or employment, public or private
B. Purpose of acts
1. To induce anyone or the public in general to vote for or against
any candidate or withhold his vote in the election or
2. To vote for or against any aspirant for the nomination or choice
of a candidate in a convention or similar selection
C. Under RA 6646 (Prosecution of vote-buying/selling)
1. Presentation of a complaint supported by affidavits of
complaining witnesses attesting to the offer or promise by or the
voters acceptance of money or other consideration from the
relatives, leaders or sympathizers of a candidate is sufficient basis
for an investigation by the COMELEC,directly or through its duly
authorized legal officers.
2. Disputable presumption of conspiracy:
Proof that at least one voter in different precincts representing at
least 20% of the total precincts in any municipality, city or
province has been offered, promised or given money, valuable
consideration or other expenditure by a candidate relatives,
leaders and/or sympathizsrs for the purpose of promoting the
election of such candidate.
3. Disputable presumption of involvement
Proof affects at least 20% of the precincts of the municipality, city
or province to which the public office aspired for by the favored
candidate relates. This will constitute a disputable presumption of
the involvement of such candidate and of his principal campaign
managers in each of the municipalities concerned in the
conspiracy
Coercion of a subordinate

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A. Who can be held liable

1. public officer
2. officer of a public/private corporation/association
3. heads/superior/administrator of any religious org.
4. employer/landowner
B. Prohibited acts
1. Coercing, intimidating or compelling or influencing, in any
manner, any subordinates, members, parishioners or
employees or house helpers, tenants, overseers, farm
helpers, tillers or lease holders to aid, campaign or vote for or
against a candidate or aspirant for the nomination or
selection of candidates.
2. Dismissing or threatening to dismiss, punishing or threatening
to punish by reducing salary, wage or compensation or by
demotion, transfer, suspension etc.

Appointment of new employees, creation of new position,

promotion or giving salary increases:
A. Who can be held liable: Any head/official/appointing officer of
a government office, agency or instrumentality, whether national
or local, including GOCCs.
B. Prohibited acts
1.Appointing or hiring a new employee (provisional, temporary or
casual)
2.Creating or filling any new position
3.Promoting/giving an increase in salary, remuneration
or privilege to any government official or employee.

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C. Period when acts are prohibited

1. 45 days before a regular election
2. 30 days before a special election
D. Exceptions
1. Upon prior authority of COMELEC if it is satisfied that the
position to be filled is essential to the proper functioning of
the office/agency concerned AND that the position is not
filled in a manner that may influence the election
2. In case of urgent need, a new employee may be appointed.
Notice of appointment should be given to COMELEC within 3
days from appointment.
Prohibition against release, disbursement or expenditure of
public funds
A. Who can be held liable: Any public official or employee
including barangay officials and those of GOCCs/subsidiaries
B. Prohibited acts:
The release, disbursement or expenditure of public funds for any
and other kinds
of public works
C. Period when acts are prohibited:
1. 45 days before a regular election
2. 30 days before a special election
D. Exception
1. maintenance of existing/completed public works project.
2. work undertaken by contract through public bidding, or by
negotiated contract awarded before the 45 day period before
election

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3. payment for the usual cooperation for working drawings,

specfications and other procedures preparatory to actual
construction including the purchase of material and
equipment and incidental expenses for wages.
4. Emergency work necessitated by the occurrence of a public
calamity but such work shall be limited to the restoration of
the damaged facility.
5. Ongoing public work projects commenced before the
campaign period or similar projects under foreign
agreements.
Suspension of elective, provincial, city, municipal or barangay
officer
A. General rule: public official CANNOT suspend any of the
officers enumerated above during the election period.
B. Exceptions
1. With prior approval of COMELEC
2. Suspension is for the purpose of applying the Anti-Graft and
Corrupt Practices Act
In relation to registration of voters/voting

Unjustifiable refusal to register and vote

Voting more than once in the same election/voting when not

a registered voter

Voting in substitution for another with or without the latters

knowledge and/or consent etc.

Other election offenses under RA 6646

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1. Causing the printing of official ballots and election returns by

printing establishments not on contract with COMELEC and
printing establishments which undertakes unauthorized
printing
2. Tampering, increasing or decreasing the votes received by a
candidate or refusing after proper verification and hearing to
credit the correct votes or deduct the tampered votes
(committed by a member of the board of election inspectors)
3. Refusing to issue the certificate of voters to the duly
accredited watchers (committed by a member of the BEI)
4. Person who violated provisions against prohibited forms of
election propaganda
5. Failure to give notice of meetings to other members of the
board, candidate or political party (committed by the
Chairman of the board of canvassers)
6. A person who has been declared a nuisance candidate or is
otherwise disqualified who continues to misrepresent himself
as a candidate (Ex. by continuing to campaign) and any public
officer or private individual who knowingly induces or abets
such misrepresentation by commission or omission.
7. If the chairman of the BEI fails to affix his signature at the
back of the official ballot, in the presence of the voter, before
delivering the ballot to the voter. (under RA 7166)
Prescription of Election Offenses
1. Election offenses shall prescribe after 5 years from the date
of their commission
2. If the discovery of the offense is made in an election contest
proceeding, the period of prescription shall commence on the

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date on which the judgment in such proceedings becomes

final and executory
Jurisdiction of courts
1. RTC has exclusive original jurisdiction to try and decide any
criminal action or proceedings for violation of the Code.
2. MTC/MCTC have jurisdiction over offenses relating to failure
to register or vote.

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II
ELECTION LAW
REVIEWER By: MARK NINO DE ASIS
rho_upsilon15@yahoo.com
Prof. Javier

Art. 2 Sec. 1 of 1987 Constitution THEORY OF POPULAR

SOVEREIGNTY - the theory that government is created by and
subject to the will of the people , who are the source of all
political power. It is the notion that no law or rule is legitimate
unless it rests directly or indirectly on the consent of the
individuals.

Art. 2 Sec. 1 of 1987 Constitution:

The Philippines is a democratic and republican state. Sovereignty
resides in the people and all government authority emanates
from them.

The people at large represent the sovereign power of the state.

Sovereignty is exercise by the electorate and those person chosen
by them, directly or indirectly, the elective and appointive
officials. Actual Sovereignty is exercised by the people by means
of suffrage.

SOVEREIGNTY- is the supreme power inherent in a state by which

a state is governed.

28

REPUBLICAN STATE is one which derives all its powers directly or

indirectly from the great body of people and is administered by
persons holding their offices for a limited period.

REPUBLIC is a representative government. The essence of

republican government is popular representation and ultimate
control by the people.

Metran vs Paredes The SC declared that a republican state is a

government of the people , by the people and for the people.

SUFFRAGE - is the right and obligation of qualified citizen to vote

in the election of national and local officers of the government
and in the decision of public questions submitted to the people.

The right of suffrage is the right to vote . It is a right because it is

the expression of the sovereign will of the people. It is an
attribute of sovereignty which resides in the people and entitles
them to have a direct participation in the government.

ELECTION LAW
REVIEWER By: MARK NINO DE ASIS
rho_upsilon15@yahoo.com

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Prof. Javier

ELECTION LAW
REVIEWER By: MARK NINO DE ASIS
rho_upsilon15@yahoo.com
Prof. Javier

Scope of SUFFRAGE ;

ELECTION it is the means by which the people choose their

officials for a definite and fixed periods. It involves the choice or
selection of candidates to public office by popular vote; ex; listing
of votes, holding of electoral campaign, the act of casting and
receiving the ballots from the voters, counting them , making
election returns and proclaiming the winning candidates.

PLEBISCITE is the electoral process by which an initiative on the

Constitution is approved or rejected by the people.

REFERENDUM is the power of the electorate to approve or

reject a legislation through an election called for the purpose. {Sec
2c , R.A. 6735}

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A} Referendum on Statutes refers to a petition to approve or

reject an act or law, or part thereof, passed by Congress.
B} Referendum on local law - refers to a petition to approve or
reject a law, resolution or ordinance enacted by regional
assemblies and local legislative bodies.

INITIATIVE - is the power of the people to propose amendments

to the Constitution or to propose and enact legislation through an
election called for the purpose. { Sec 2a, R.A. 6735}

3 Systems of Initiative

a. Initiative on Constitution refers to a petition proposing

amendments to the Constitution.
b. Initiative on Statutes refers to a petition proposing to enact
a national legislation
c. Initiative on Local Legislation refers to a petition proposing
to enact a regional , provincial, city, municipal or barangay law,
resolution or ordinance.

ELECTION LAW
REVIEWER By: MARK NINO DE ASIS
rho_upsilon15@yahoo.com

31

Prof. Javier

ELECTION LAW
REVIEWER By: MARK NINO DE ASIS
rho_upsilon15@yahoo.com
Prof. Javier

SANTIAGO VS COMELEC G.R. No. 127325 March 19 ,1999

FACTS: Private respondent Delfin filed a petition to amend the

Constitution to extend the term limits of all government officials
by peoples initiative before the COMELEC. Petitioner filed a
special civil action of prohibition under Rule 65 in the SC to
contradict Delfin assailing that Comelec has no jurisdiction to try
the case and that such RA 6735 an act on initiative and
referendum does not have an enabling law to implement such
amendment.

ISSUE: WON the law intended to provide mechanism for peoples

initiative is sufficient to amend the Constitution?

HELD;: The SC ruled in the negative. The law intended to provide

mechanism for peoples initiative is not sufficient. There is no
sufficient enabling law to amend the Constitution by means of
peoples initiative. RA 6735 is sufficient only for statutory
amendments and not on constitutional amendments.

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Requirements for the exercise of Suffrage

ARTICLE 5 Sec. 1 , 1987 Constitution
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.
a.

Filipino citizenship may be by naturalization or by birth

b.

Age at least 18 years of age

c.

Residence resident of the Phils. for at least 1 year.

resident of the place where he proposes to vote for at least 6

months.

ELECTION LAW
REVIEWER By: MARK NINO DE ASIS
rho_upsilon15@yahoo.com
Prof. Javier
ELECTION LAW
REVIEWER By: MARK NINO DE ASIS
rho_upsilon15@yahoo.com
Prof. Javier

33

ROMUALDEZ-MARCOS VS COMELEC and Cirilo Montejo 248 SCRA

300

FACTS: Petitioner filed a Certificate of Candidacy running as

representative in the First District of Leyte but private respondent
Cirilo Montejo challenged the candidacy before the COMELEC by
filing a petition for acancellation and disqualification by
Romualdez-Marcos alleging that said petitioner did not meet the
constitutional requirement for residency.Private respondent
contended that petitioner lacked the Constitutional requirement
of 1 year residency for Representatives .The COMELEC ruled in
favor of Montejo and disqualified the petitioner and then
reversed its decision to suspension because petitioner won the
number of votes in the election.

ISSUE: WON petitioner lacked the constitutional requirement of

residency in the First District of Leyte?

HELD: The SC ruled no. Petitioner possessed necessary residence

qualifications .Residence is synonymous with domicile for
purposes of election law. It is the fact of residence and not a
statement in the certificate of candidacy which ought to be
decisive in determining WON an individual; has satisfied the
Constitutions residency qualification requirement.
To successfully effect change of domicile , a person must
demonstrate ;
a.

an actual removal or an actual change of domicile

b. a bona fide intention of abandoning the former place of

residence and establishing a new one

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c.

acts which correspond with the purpose.

Domicile includes the twin elements of:

- the fact of residing - or physical presence in a fixed place.

The domicile of natural persons is the place of their habitual

residence for the existence of civil rights and the fulfillment of civil
obligations. Art . 50 CC
d.

Literacy requirements illiterates have the right to vote

e. Property requirements the supreme law of the land does

not impose any property requirement because this is inconsistent
with the principle of social justice and equal opportunity
f.

Formal education is no guarantee for intelligent voting

g.

Sex women must not be deprived of equal voting rights

h. Taxpaying ability related to property requirement. Congress

cannot deny to an individual the right to vote on the ground that
he is exempted from taxation or is not liable to pay tax.

ELECTION LAW
REVIEWER By: MARK NINO DE ASIS
rho_upsilon15@yahoo.com
Prof. Javier

Taxpaying ability related to property requirement.

AQUINO VS COMELEC 248 SCRA 400

35

FACTS: Petitioner filed COC to the New 2nd legislative ditrict of

Makati as Congressman with a residence qualification of 10
months. Mateo Bedon, then chairman of LAKAS party in Brgy.
CEMBO, Makati filed a petition before the COMELEC to disqualify
the said petitioner on the ground that he lacked residence
qualification of 1 year. After a day, petitioner filed another COC
amending the first one with a residency in the constituency of 1
year and 13 days together with an affidavit of contract of lease as
evidence . The COMELEC by way of a Resolution dismiss the
petition for disqualification and declared Aquino eligible to run.
Motion for reconsideration was filed by Bedon before the
COMELEC en banc. Petitioner won the election, then , Bedon and
Move Makati filed an Ad Cautelum to suspend the proclamation
of Aquino. COMELEC en banc suspended the proclamation of
Aquino. Petitioner filed motion to lift order of suspension because
COMELEC according to the petitioner has no more jurisdiction in
the said case and that the HRET has the proper jurisdiction.
COMELEC en banc issued an answer to the motion for
reconsideration filed by Bedon disqualifying the Aquino as
Congressman because he did not possess the necessary
constitutional residency qualification and made permanent his
suspension and that the votes of remaining candidates be
counted. Petitioner assailed the decision of COMELEC en banc by
way of certiorari in the SC.

ISSUE: WON petitioner has necessary residency qualification in

relation to property requirement?

HELD: The SC ruled in the negative. Petitioner lacks necessary

residency qualification of 1 year. Residence is synonymous with
domicile. Petitioner is domiciled in Concepcion Tarlac. His affidavit

36

of lease of contract as evidence cannot constitute as he is

domiciled in Makati. Therefore , petitioner is ineligible candidate
and therefore disqualified.
The 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 purpose of election law. The purpose of the
law is to exclude strangers or newcomers unfamiliar with the
needs of the community from taking advantage of favorable
circumstances existing in that community for electoral gain.
SC RULING: The instant petition was DISMISSED.

ELECTION LAW
REVIEWER By: MARK NINO DE ASIS
rho_upsilon15@yahoo.com
Prof. Javier
Disqualification;
a. person convicted by final judgment to suffer imprisonment
for not less than 1 year , unless pardoned or granted amnesty;
but right reacquired upon expiration of 5 years after service of
sentence.
b. Person adjudged by final judgment of having committed any
crime involving disloyalty to government or any crime against
national security; but right reacquired upon expiration of 5 years
after service of sentence.

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c. Insane or incompetent persons as declared by competent

authority.

PURPOSE OF COMELEC
To protect the sanctity of ballot and to ensure the free and honest
express of the popular will.
COMPOSITION
The COMELEC is composed of;
1 Chairman and 6 Commissioners
QUALIFICATIONS:
a. Natural born citizen , b. at least 35 years old, c. holders of a
college degree
d. Must not have been candidates for any elective position in the
immediately preceding elections
e. Majority of the members, including the chairman, should be
members of the bar who have been engaged in the practice of law
for at least 10 years.

ELECTION LAW
REVIEWER By: MARK NINO DE ASIS
rho_upsilon15@yahoo.com
Prof. Javier

ELECTION LAW
REVIEWER By: MARK NINO DE ASIS

38

rho_upsilon15@yahoo.com
Prof. Javier
POWERS AND FUNCTIONS
What is the nature and extent of the powers of the COMELEC?
The COMELEC as an administrative body is possessed both quasijudicial and quasi-legislative powers aside from the main function
assigned to it by the Constitution which is to enforce and
administer all laws and regulations relative to the conduct pf
election, plebiscite , initiative, referendum and recall.{ART. 9 C ,
Sec. 2 {1} 1987 Constitution}
QUASI-JUDICIAL POWERS
The COMELEC has;
EXCLUSIVE ORIGINAL JURISDICTION over all contests relating to
the election, election returns and qualifications of all elective ,
provincial and city officials.
EXCLUSIVE APPELLATE JURISDICTION over all contests involving
municipal officials decided by RTC , or involving elective barangay
officials decided by MTC.
In these cases , the decisions shall be final , executory and
unappealable.
The COMELEC has the power ; pursuant to its quasi-judicial
powers;
-To issue subpoena
-To issue warrants of arrest
-To take testimony
-Of contempt however, this may be exercised only in the
exercise of its quasi-judicial functions.

39

---COMELEC has no power to hold a person in contempt in the

exercise of its administrative functions.
-of mandamus, certiorari and prohibition ONLY in the exercise of
its appellate jurisdiction.CUMBA CASE
ELECTION LAW
REVIEWER By: MARK NINO DE ASIS
rho_upsilon15@yahoo.com
Prof. Javier