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TAMPUS, M.

ADMINISTRATIVE LAW TRANSCRIPT
November 16, 2017- Administrative Law *But what if the decision was sustained, can the
protestant file an appeal to Supreme Court?
POWERS and FUNCTIONS OF COMELEC ~NO.
[Article 9-C, Section 2, 1987 Constitution] *However, if the question goes like this: What is the
remedy available to the complainant?
- Enforce and administer all laws and regulations relative to the ~Petition for certiorari because such petition is not an appeal.
conduct of an election, plebiscite, initiative, referendum, and (Rivera v. Comelec)
recall
- Exclusive original jurisdiction on all contest (either quo - Decide except those involving right to vote all questions
warranto)relating to elections, returns, and qualifications affecting elections, including determination of number and
involving regional, provincial, city officials and appellate location of polling places, appointment of election officials and
jurisdiction over all contests involving elective municipal inspectors, and registration of votes
officials decided by trial courts of general jurisdiction or (includes school used, how many precincts, but except the
involving elective barangay officials decided by trial courts right to vote including the right to suffrage)
of limited jurisdiction. *So why do we register in the COMELEC if it is the Court
which determines the right to vote?
*Can Congress pass a law creating an electoral board that Registration does not confer the right to suffrage if that right
will decide on all election contests involving city officials? does not exist in the first place. Registration in Comelec is
~NO. As it is the Comelec which is given such authority as per merely an administrative procedure by which you can exercise
constitutional mandate and you cannot change it by law. your right to suffrage.
*Where do you file an election contest involving a
Sangguniang Bayan member of Consolacion? *If for example, you registered in Comelec but registration was
~RTC. However, if you want to appeal the decision of the RTC denied, remedy will be going to Court. Court has the final say
in a case involving a municipal official, you file it in the whether you can register as voter.
COMELEC and not in Court of Appeals. *Contests regarding qualification as candidate, it will be the
~If barangay official, MTC. COMELEC which shall decide before elections regardless of
electoral positions.
- Decisions, final orders, or rulings of the Commission on *If you file election contest after candidate was proclaimed,
election contests involving elective municipal and barangay you proceed with the procedure of going to MTC, RTC, HRET,
offices shall be final, executory, and not appealable. SET, PET.
*Domino v. Comelec:
*What if A ran for elections as mayor, an election contest .Wasn’t able to get the 1 year residence requirement
was filed against him; you won the case, what is the .HRET does not have jurisdiction over the case; you
remedy of A? have to be a member before HRET can exercise its
~You go to COMELEC. jurisdiction.

in Court for inclusion or exclusion of voters. Register after sufficient publication. it shall then be dismissed. Recommend to Congress effective measures to minimize transportation and other public utilities. of the division. if an aggrieved party wants to question the decision Elections. time. or concessions granted by propaganda materials shall be posted. all grants. Section 3. with objective of holding free. MTC does not have jurisdiction before elections The Commission on Elections may sit en banc or in 2 divisions. M. and space. prosecute cases of violations of election (Article 9-C. The Commission may. including pre-proclamation . aggrieved party shall go to Comelec en banc. plebiscite. law enforcement controversies. initiative. . Now. it is filed in the division first and requirements. special privileges. and shall promulgate its rules of procedure in order to expedite disposition of election cases. COMELEC Now from the en banc. peaceful and credible . ADMINISTRATIVE LAW TRANSCRIPT *What is decided in Court is merely your qualification as a (Article 9-C. agency or instrumentality thereof. 1987 Constitution) voter but if the requirement challenged against you is that as a candidate. order information campaigns and forums among candidates in connection or decision. and accredit citizen’s arms of Commission on from the division. upon verified complaint. and prevent and the government or any subdivision. Deputize with concurrence of President.TAMPUS. it is also appealed in the division. 1987 Constitution) laws. unless after the elections. political parties. referendum or recall -Section 4 is an exercise of Police power. must present their platform or program of when you appeal it in Comelec. during election period. or imposition of any other disciplinary action to reply. equal rates therefor. including reasonable. enjoyment or utilization of all franchises or permits for operation of . penalize all forms of election fraud including any GOCC or its subsidiary. honest. supervise or regulate offenses and malpractices. including limitation of places where information. investigate and. Section 4. removal of any officer or employee shall aim to ensure equal opportunity. Submit to President and Congress a comprehensive report on elections. including acts or omissions constituting election fraud. All such election cases shall be heard and agencies and instrumentalities of Government including Armed decided in division provided that motions for reconsideration of Forces of the Philippines decisions shall be decided by Commision en banc. and the right it has deputized. (as per constitutional *Where do you register as a party list? mandate) So if you file an appeal. petitions Court in the mode of petition for certiorari under Rule 65 and 64. conduct of each election. Recommend to President. Such supervision or regulation . where do you go next? You go to Supreme . where appropriate. government. orderly. or on its own initiative. for public for violation or disregard or disobedience to its directive. File. media of communication or election spending. What is *Where do you register as a party? then the mode for doing such action? COMELEC -The mode is motion for reconsideration. . organizations or coalitions which in addition to other When you file a case in the Comelec.

Any controversy submitted to the Commission shall. and regulations shall be granted by the President subpoena and subpoena duces tecum. or as service of subpoena to said witnesses. -The fair elections act is the statutory implementation of Article 9-C. after conviction by final judgment. commutations. the non-impairment clause of *Mayor X was caught violating gun ban in checkpoint during elections contracts shall not preclude the State from interfering and and was convicted with illegal possession of firearms. Article 7: Except in cases of impeachment. 1987 Constitution) Article 7. amnesty. parole. amnesty. Section 52. or division unless taken up in a formal session properly convened for the suspension of sentence for violation of election laws. SC declared the order unconstitutional as it is The pardon granted to Mayor X was void as it did not contain a confiscatory to private businesses without just compensation. and take testimony in any without the favorable recommendation of the Commission. after being impairing it if it will be for the welfare. COMELEC: during elections however a disqualification case was filed against him. and forfeitures. and pardons. he ran *National Press Institute v. Section 4. favorable recommendation from the COMELEC. purpose. Under the Constitution. Article 9-C: No pardon. rules. OEC: No pardon. Will the disqualification case prosper? Is he qualified to run? Comelec made a resolution order requiring print media to provide free space. and delegate such power to any -What are the limitations of the President to grant pardon? officer of the Commission who shall be a member of the Philippine Bar. or suspension of sentence for violation of (d) Summon the parties to a controversy pending before it. STATUTORY GRANTS OF POWER TO COMELEC (Article 9-C. may issue a warrant to otherwise provided in this Constitution. Yes. the President may arrest witness and bring him before the Commission or the officer grant reprieves. Commission upon proof of Section 19. Section 5. after compliance He shall also have the power to grant amnesty with the with the requirements of due process. parole. constitution. investigation or hearing before it. ADMINISTRATIVE LAW TRANSCRIPT -Can the Police power of the State be used to interfere with and regulations shall be granted by the President without the contracts with franchises? favorable recommendation of the Commission. No decision or resolution shall be rendered by the Commission either en banc or by Section 5. rules. issue election laws. and remit fines before whom his attendance is required.TAMPUS. M. . In case of failure of witness to attend. be immediately heard and concurrence of a majority of all the Members of the Congress. decided by it within 60 days from submission thereof. convicted he was granted absolute pardon by President Duterte. a challenge was made that the order was a violation of -Yes the disqualification case will prosper as Mayor X is not qualified. (Remember: grant of absolute pardon restores your civil and political rights) After being restored of his civil and political rights.

Comelec. why is it that Filipinos RA 8346. educational Who can register to vote? activities. either Article 5. property or other substantive requirement shall be within the new locality and has intention to remain there) imposed on the exercise of suffrage. The Commission even intended to extend it to young Filipinos who reach voting age abroad whose parents’ domicile of origin is in the Philippines. 2017. you become a Does it mean then that those not residing in the Philippines permanent resident in the said place which will now disqualify you to cannot register? become a voter. when you become a permanent immigrant. No as the next section in Article 5 qualifies section 1 wherein it provides exemption for those living abroad: . ADMINISTRATIVE LAW TRANSCRIPT (e) Punish contempts provided for in the Rules of Court in the same “The Congress shall provide a system for securing the secrecy procedure and with the same penalties provided therein. Any violation and sanctity of the ballot as well as a system for absentee voting of any final and executory decision. However.TAMPUS. etc. “any person who temporarily resides in another place by reason of his employment. have not abandoned their domicile of origin. However it does not use what type of enfranchise as much as possible all Filipino citizens abroad who technology. It states because of work. Actual removal or an actual change of domicile  Has resided in the place where he intends to vote for at least 6 2. You go first to the constitutional qualifications which are found in So if you are temporarily absent in your original domicile.  All citizens of the Philippines not otherwise disqualified by law TAKE NOTE: WHEN DO YOU ABANDON YOUR DOMICILE-  At least 18 years of age  Has resided in the Philippines for at least 1 year 1. 3. Section 6 (as amended by RA 9369): living abroad are qualified to register and vote aside from the fact that the law allows them to register and vote? Power granted to COMELEC to use automated election system in different provinces. Whether paper-based or other election system as “Members of the Constitutional Commission intended to may deemed necessary.” REGISTRATION OF VOTERS Section 9 of RA 9189 states that. M. and November 17. Acts which correspond with the purpose (bodily presence is *No literacy. Section1 of the 1987 Philippine Constitution. education. Bona fide intention of abandoning the former place of residence and establishing a new one months immediately preceding elections.Administrative Law consider them qualified as voters for the first time.. [indirect contempt] In the case of Macalintal v. shall constitute contempt thereof. or detention does not lose his original residence”. you are not considered to have that: abandoned your domicile. order or ruling of Commission by qualified Filipinos abroad”.

TAMPUS. COMELEC liabilities and responsibilities under existing laws of the Philippines and the following conditions: -Duals can register and vote. etc. (1) Those intending to exercise their right of suffrage must Do duals need to physically reside in the Philippines for them Meet the requirements under Section 1. and constitution and the existing laws. or extended to. office in the Philippines cannot be exercised by. are of the certificate of candidacy. can he register and vote? commissioned officers in the armed forces of the YES. you naturalized yourself as an American (a) are candidates for or are occupying any public for example. because he is not a Filipino citizen. country which they are naturalized citizens. at the time of the filing for the residency requirements exacted from ordinary voters. 9189. public officer authorized to administer an oath. make a personal and sworn qualified to vote. there would be a negation of the Absentee Voting Law. dapat natural born. Those who retain or reacquire Philippine citizenship under this Act shall enjoy full civil and political rights and be subject to all attendant *Lewis v. They are allowed to vote as long as they meet renunciation of any and all foreign citizenship before any the requirements of RA 9189. dapat 35. otherwise known as "The Overseas Absentee Voting Act of 2003" and other existing They don’t have to physically reside in the Philippines otherwise. Considering that the aim of Overseas Absentee Voting Act is to (2) Those seeking elective public in the Philippines shall meet the qualification for holding such public office as required by enfranchise as much as possible all overseas Filipinos who. That they renounce their oath of allegiance to the country where they took that oath. laws. Article V of the to vote? Constitution. (3) Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic of the Distinguish paragraph 1 of Section 5 from paragraph 2 Philippines and its duly constituted authorities prior to their (CONSTITUTION) assumption of office: Provided. Those seeking elective public office shall meet the Philippines shall apply with the proper authority for a license or qualifications for holding such public office as required by the permit to engage in such practice. 5 of Dual Citizenship Act. (5) That right to vote or be elected or appointed to any public Example: Senator. Republic Act No. can you register and vote? office in the country of which they are naturalized NO. age. those who: . M. they can register and vote and they don’t have to renounce their alien citizenship but paragraph 2 (4) Those intending to practice their profession in the is different. One of the benefits of Sec. ADMINISTRATIVE LAW TRANSCRIPT If you are a dual citizen. Paragraph 1 for purposes of voting. and/or How about if he reacquires his Filipino citizenship under the Dual (b) are in active service as commissioned or non- Citizenship Act. citizens. save the Constitution and existing laws and.

 Lapse of 5 years after service of sentence . M. RA 8189: registration as voters.g. members of the rebellion or sedition Philippine National Police. they can only note for Citizenship Law? national positions: President. among others) o Crimes against national security are allowed to vote in their place of work.o on the day of election renounce the other citizenship  Resident of the Philippines for at least 1 year 2. RA 8189: which is the local absentee voting that allows individuals to vote in places where they are not registered. How then can you work in the Barangay  Not otherwise disqualified by law Hall or in the City Hall if you are not a citizen? Who are those disqualified by law? Let’s not also forget that there’s another kind of absentee voting Section 11.  Sentenced by final judgment to imprisonment of at least 1 year Section 12. officers of COMELEC. members of the Armed Forces of o Firearms law Philippines. Senators. school teachers. No because they have to expressly renounce their US citizenship or must have renounced by the time they filed their COC and also must comply with the other qualifications as mandated under the Constitution and of other laws. they would nonetheless have the opportunity to cast their votes provided.  Insanity or incompetence declared by competent court RA 10380: allows media practitioners to vote on specified days How shall the disqualification be removed? earlier than Election Day so that even if on Election Day. RA 7166: Public Officials and employees in the  Conviction by final judgment of any of the following crimes performance of their election duties. they are assigned to cover election events away from their place of Section 11. Vice-President. they shall be allowed to  Plenary Pardon vote only for positions of President. stationed in places other than o Crime involving disloyalty to government such as the place where they are registered voters of (e. Senators. RA 8189: dual citizen as candidate?  Filipino citizen 1. Who are allowed to register and vote? What is then the distinction of a dual citizen as a voter and Section 9. You shall only have 1 allegiance and thus you have to  At least 18 y.  Amnesty and Party-List Representative. Vice-President. ADMINISTRATIVE LAW TRANSCRIPT Can dual citizens run for public office under the Dual NOTE: For both local and absentee voting.TAMPUS. You should be physically present if you are intending to run as  Resident of city or municipality where he proposes to vote candidate but if you only intend to vote then the Constitution for at least 6 months immediately before election provides a rule for it. and Party- List representatives.

Administrative Law For example. (Read Sema v. fraud. forgery. You can do it two ways: November 23. You may also Mandaue COMELEC to Section 60. a political requirement and a new registration was made. and go to Lapu-Lapu. registration of said PWDs and illiterates there should be a declaration that PWD is such and illiterate is such. 30. ruling or decision annulling a book of voters shall be executed enumerated in Section 11. OEC: cancel the registration record. ADMINISTRATIVE LAW TRANSCRIPT This section is the reason why there is activation/reactivation of notice and hearing. your remedy is then to activate your within 90 days before an election. Comelec) *However. and after in which it nominated candidates shall forfeit its registration. qualify for book of voters because you did not comply with the registration accreditation and be entitled to the rights of political parties. (Read Montejo v. impersonation. 8189: The Commission shall. if the disqualification is removed through any of those order. Political party means an organized group of persons pursuing the same ideology. (Sec. annul any book of voters that is not prepared in registration. force or any similar irregularity. registration by filing a sworn application to the ERB in the form of an affidavit not later than 120 days before regular election and 90 days NAME DELISTING (FAILED TO VOTE IN ELECTIONS TWICE) before special election. you fill up a form in Lapu-Lapu for a What is a political party? cancellation of registration and they will be the ones to forward the said cancellation in Mandaue. 8189) party must be registered with COMELEC. intimidation. *For purposes of voting and counting: held in precincts Can illiterates register? *For purposes of canvassing: Municipal Canvassing Board. 2017. No Now. M. bribery. *For purposes of registration: go to ERB Can PWDs register? YES. . It takes an order from Comelec en banc to declare the annulment of For a political party to acquire juridical personality.TAMPUS. Comelec) Can you transfer registration? YES. or which contains data that are statistically improbable. and Presidential Canvassing Board Yes but with assistance of relative or COMELEC officials. Provincial Canvassing Board. These are then the reasons that will erase your name in accordance with the provisions of this Act or was prepared through the list of disqualified/qualified registered voter. political ideas or platforms of government and ANNULMENT OF BOOK OF LIST OF BOOK OF VOTERS includes its branches and divisions. if you are a registered voter in Mandaue but you want to POLITICAL PARTIES register in Lapu-Lapu. upon verified petition of any A party which fails to obtain at least 10% of votes cast in constituency voter or election officer or duly registered political party. Section 30.

Proportional representation: allows party-lists garnering less HELD: It was not simply a mere intra-party issue as it involves than 2% a seat leadership in party that affects in ensuring free elections. 1987 Constitution: BANAT CASE:  Religious sects  Those which seek to achieve their goals through unlawful Can major political parties participate in the party-list elections? means Major political parties cannot participate in regular elections however  Those which refuse to adhere to the Constitution not prohibited in forming sectoral parties. ADMINISTRATIVE LAW TRANSCRIPT What are the following parties that cannot be registered? Differentiate BANAT from ATONG PAGLAUM cases from each other: Section 2. to ensure that no one party shall dominate intra-party issues the party list system. the first round b. COMELEC shall not have from highest to lowest based on number of seats for jurisdiction. par.  Those which are supported by any foreign government Parameters in allocation of party-list representatives- Atienza v. Parties. constitutional only as to guaranteeing 1 seat for said party.TAMPUS. and coalition shall be entitled HELD: to not more than 3 seats SC sided with COMELEC. 5. All questions regarding elections except registration of voters. Article 9-C. However. ISSUE: WON it was correct for COMELEC to hold jurisdiction over 3. 4. Provided that those garnering 2% of votes shall be decided to go manual elections. organizations. impossibility to attain the 20% allocation and unconstitutional only in relation to distribution of additional seats but -The one with Drilon and Atienza. 2% threshold: partly unconstitutional. Petition was made whether it was entitled to additional seats in proportion to total number correct for COMELEC to do the elections manually when there was of votes until all additional seats are allocated already a law passing for automated elections? d. a. COMELEC 1. COMELEC c. creates a mathematical the election. 20% allocation: not mandatory but merely a ceiling -Petitioners questioning their expulsion from LP and questions also 2. Should the party-list represent marginalized sectors? / Shall party-list system reserved only for the “marginalized and underrepresented? . COMELEC 2% of total votes cast for party-list system shall be entitled to 1 guaranteed seat each There was a glitch in the computer operation for elections. M. 3-seat limit: valid. It is within also the powers of COMELEC to ATONG PAGLAUM CASE: decide what type of election to use in case of failure of elections. organization. Parties. and coalitions receiving at least Loong v. organizations. and coalitions shall be ranked regarding membership within the party. Each party.

that’s the time they can refuse. OEC: The commission. then the system itself unduly excludes start of the official campaign period as person who filed his COC is other cause-oriented groups from running for a seat in the lower technically not yet a candidate as the campaign period has not yet house.TAMPUS. National parties or organizations and regional parties do not need to organize along sectoral lines and do not need to Can the COMELEC refuse to receive a COC? represent any “marginalized and underrepresented” sector. Majority of members of sectoral parties or organizations must belong to marginalized and underrepresented sector election inspectors under succeeding section shall have the they represent. Sectoral parties/organizations may either be marginalized/ form is defective. (COMELEC Reso. Regional parties or organizations c. M. election registrar or officer designated by the Commission or board of 5. Sectoral parties or organizations Must be filed in COMELEC. if your 3. pertains to the special interest and concerns of their sector. His campaigning shall by then be regulated. ADMINISTRATIVE LAW TRANSCRIPT Supreme Court also emphasized that the party-list system is NOT Any person aspiring or seeking an elective public office who has filed RESERVED for the “marginalized and underrepresented” or for his certificate of candidacy and who has not died or withdrawn or parties who lack “well-defined political constituencies”. National. 2. Political parties can participate in party-list elections 4. underrepresented. SC holds that a certificate of candidacy filed beyond the period fixed by law is void. National parties or organizations Where do you file your COC? b. . started. If the party-list system is only reserved for No more but only if the alleged campaigning was made before the marginalized representation. COMELEC 1. ministerial duty to receive and acknowledge receipt of certificate of 6. It is also for small ideology-based and filed his candidacy. Qualifications of party-lists: Penera v. It is enough that their principal advocacy Section 76. and the person who filed it is not a When do you consider a person as a candidate? candidate. to field or sponsor candidates in the legislative Can a person file a charge against a person who filed his COC districts but they can acquire the needed votes in a national for premature campaigning? election system like the party-list system of elections. The deadline for filing COC shall not be later than 120 days before RULES ON CANDIDACY election. Groups may participate in the party-list system either as: a. Provided. regional and sectoral parties or organizations shall candidacy. they do not have the machinery – unlike major political parties. No as it is ministerial in their duty to receive a COC. The common denominator however is that all of campaign period. It is also for otherwise disqualified before the start of campaign period for which he national or regional parties. not be disqualified if some of their nominees are disqualified provided they have at least 1 nominee who remains to be Deadline of filing COC qualified. However. provincial election supervisor. that. unlawful acts or omissions cause-oriented parties who lack “well-defined political applicable to candidate shall take effect only upon start of aforesaid constituencies”. 8678) them cannot.

i. . and the purpose of citizenship qualification is post office address.. OEC: at least 10 yrs. Local officials: mere Filipino citizen Can a candidate be substituted? -SC ruled that citizenship qualification must be construed as “applying Yes provided that he is a member of political party. ADMINISTRATIVE LAW TRANSCRIPT Can you file 2 COCs at the same time? -Natural-born citizen -Natural-born citizen -Natural born citizen of the PH of PH of PH You can but that you are not a candidate to any position. residence. OEC) allegiance to another nation. said candidate cannot be substituted. oath of allegiance. person who has filed more than one candidacy may declare under CITIZENSHIP REQUIREMENT oath the office for which he desires to be eligible and cancel certificate National officials: natural born Filipino citizen of candidacy for other offices. none other than to ensure that no alien. M. no person owing (Section 74. date of birth. What do you have to fulfill when you are filing a COC? Purpose of PH Citizenship as requirement Fill up a form of certificate of candidacy containing an announcement that he is running for a position in elections. civil status. elective public office. profession/occupation. -Registered voter -Registered voter -Registered voter in district in w/c he Is it possible that you can file a COC for mayor. COMELEC) party. on day of election age on day of day of election -Resident of PH for election -Resident thereof for Section 73. shall govern our people and our country or a unit of territory. If you are an independent (Frivaldo v. Qualifications of Candidates *Mercado v. elections elections However. SENATOR MEMBER OF PRESIDENT HOUSE OF REPS -Dual citizenship is different from dual allegiance. then vice mayor shall be elected then later on you withdrew the vice mayor and pursued that mayoralty COC? -Able to read and write -Able to read and write -Able to read &write -At least 40 yrs old -At least 35 yrs of -At least 25 yrs on Yes as long as the COC is filed not later than 120 days.TAMPUS. he shall not be eligible for any of them. etc. political party he belongs to.e. he is eligible for said Philippine citizenship is an indispensable requirement for holding an office. Manzano PRESIDENT/V. replacement to time of proclamation of elected official and at the start of his term. before expiration period for filing of certificates of candidacy. and if he files his certificate of candidacy for more than preceding day of preceding day of one office.” should be within the said political party. -Resident of PH for a period of not less immediately not less than 2 years than 1 yr No person shall be eligible for more than one office to be filled in the preceding elections immediately immediately same election.

The waiver of his per se. residency requirement.TAMPUS. his act of filing a certificate of candidacy for elective office in the Philippines did not of itself constitute a waiver of his status as Will not disqualify the candidate permanent resident or immigrant of United States. green card should be manifested by some act or acts independent of and done prior to filing his candidacy for elective office in this country. the law requires without any voluntary act on his that a candidate who is a green card holder must have “waived his part. ADMINISTRATIVE LAW TRANSCRIPT DUAL CITIZENSHIP DUAL ALLEGIANCE >Retention of PH Citizenship It arises when. a positive act. Those for seeking elective public office to additionally execute Such a situation may arise when a personal and sworn renunciation of any and all foreign a person whose parents are Disqualifies the candidate. those natural born citizens who have been laws of two or more states. Involuntary. born in a state which follows the doctrine of jus soli. Oath of Allegiance 2. The result of an individual’s 1. *Caasi v. as a result of Arises when a person concurrent application of different simultaneously owes. -renounce alien citizenship (oath+ personal sworn renunciation) -comply with residency requirement (acts+ intention) When do you renounce your foreign citizenship if you are intending to run in the PH elections? Always consider abandoning foreign citizenship and the residency requirement. by some Under RA 9225. unless he waives his foreign citizen status and comply with the Immigration. PH citizenship to: considered a national by said states. COMELEC Such a person. M. As a dual citizen. loyalty to two or naturalized as citizens of foreign country but reacquired or retained person is simultaneously more states. citizenship before an authorized public officer prior or citizens of a state which adheres to principle of jus sanguinis is simultaneous to the filing of COC to qualify as candidate. 2. 1. is concurrently considered a status as permanent resident or immigrant of a foreign country”. Take oath of allegiance volition. Registration in Bureau of Immigration . he was “disqualified to run for any elective office”. >Repatriation (Acquiring Dual Citizenship): Can an immigrant run for public election? It is effected by taking the oath of allegiance to the Republic of the Philippines and registry in the proper civil registry in Bureau of No. ipso facto and To be qualified for elective office in the Philippines. to qualify as candidate : Without such prior waiver. citizen of both states. Therefore.

si second winner ang proclaimed winner 1. during the course of your Kung wala pay final disqualification during Election Day. -has no bona fide intention to run for office as clearly Sec. 40. or made any prohibited 2. -Under this remedy.TAMPUS. verified petition of interested party may disqualify a candidate *Tecson v. 69. Sec. ADMINISTRATIVE LAW TRANSCRIPT What are the three basic remedies filed against a candidate and shall be decided. OEC: considered as stray votes. 68. OEC) Example of material misrepresentation: if muingon kag natural *COMELEC may motu proprio (upon due process) or upon born ka pero di diay. all the candidacy. you committed acts that are grounds for votes of said person shall be counted and he be proclaimed. 68. OEC] A verified petition seeking to deny due course or cancel a certificate of candidacy may be filed by the person exclusively Grounds for Disqualification under Sec. Petition to deny due course (Petition to cancel COC) contributions [Section 78. 43. etc. LGC. allowed  Solicited. all votes for said person shall not be counted. LGC: on the ground that any material representation contained therein is false. Sec. 12 OEC. -Substitution is not available Unless there is a petition to suspend the proclamation but if there is already a final decision before Election Day. received. Petition to declare a nuisance candidate (Sec. OEC. your COC is valid and you have not *MARTINEZ III v. HOUSE OF REPS misrepresented anything however. M.  Given money or other material consideration to influence. disqualification. induce or corrupt voters or public officials The effect of declaration of nuisance candidate is that it performing electoral functions retroacts from the day of filing of said candidate of his COC  Committed acts of terrorism to enhance his candidacy before the Election Day and no candidate in said name and  Spent in his election campaign in excess of that shall be counted in favor of other party. Petition to disqualify under Sec. COMELEC -would cause confusion among voters by similarity of names 3. not later before Election Day? than 15 days before election. Votes shall then be Grounds for Disqualification under Sec. LGC demonstrated through his acts. after due notice and hearing. The petition may be filed at any time not later  Those sentenced by final judgment for an offense than 25 days from the time of filing of certificate of candidacy involving moral turpitude or for an offense punishable . COMELEC as nuisance if it is shown that he: -would put electoral process in mockery or disrepute *Llamansares v. 40. -Important ang distinction with the third remedy kay if cancel *TO BE FILED ALL IN COMELEC REGARDLESS OF POSITION coc.

after the effectivity of this Code shall be three (3) years.Administrative Law foreign citizenship. 2017. M. COMELEC case Why was Labo disqualified and what is the effect of his disqualification?  Those with dual citizenship  Fugitives from justice in criminal or non-political cases Labo was disqualified by virtue of his marriage with an Australian and here or abroad applied for Australian citizenship. What is the effect then of his continued use of his US passport notwithstanding that he supposedly renounced his foreign citizenship? *Does not apply to barangay officials His continued use of the US passport negates his renunciation of November 24. have acquired the right to reside abroad or continue to *Labo doctrine strictly applies to disqualification in Sec. it means there was of June 30. starting from noon of June 30. Term of Office. ADMINISTRATIVE LAW TRANSCRIPT by 1 year or more of imprisonment. However. which shall begin after the regular election of barangay officials on the second Monday of May 1994. - SC ruled that the second placer cannot be proclaimed the winner as  (a) The term of office of all local elective officials elected he is not the choice of the electorate. what happens to the position? Who will succeed? be provided for by law. he  (c) The term of office of barangay officials and members of the sangguniang kabataan shall be for three (3) years. That all local officials first elected during the local elections immediately following the the mayoralty elections. after renouncing his American citizenship. 1992 or such date as may So now. used his US passport several times. citizenship. failure of elections. OEC avail of same right after effectivity of this Code  Insane or feeble-minded Can the second placer be proclaimed as winner instead of the disqualified candidate? Section 43. By virtue of said acts. then there shall be ratification of the 1987 Constitution shall serve until noon special elections.  (b) No local elective official shall serve for more than three (3) consecutive terms in the same position. 1992. . Macquiling v.TAMPUS. he did not qualify under Section 5 of CONTINUATION ON RULES OF CANDIDACY Dual Citizenship Act. except that of elective barangay Vice-Mayor will now assume the position and not the second placer to officials: Provided. within 2 years after What is the essential distinction that we have to remember? serving sentence  Those removed from office as result of administrative *Labo v. If there is no vice-mayor. 68. COMELEC Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity In this case. In effect it becomes an empty renunciation. he reacquired his PH citizenship by taking oath of of service for the full term for which the elective official allegiance to Philippines and that he renounced his American concerned was elected. Since it was an empty renunciation. it was  Permanent residents in foreign country or those who deemed that he abandoned his PH citizenship. If there is a special election.

the effect is that the said candidate shall be deemed to be not a candidate in the first place. It is not only important that you have If the candidate was removed or COC was cancelled because he renounced your foreign citizenship before elections but that you must lacked a qualification. he wasn’t able to comply as he renounced the foreign citizenship No. Physical presence in new domicile of choice 3. SC said that Macquiling becomes the real winner in the elections Remember: considering the disqualification of Arnado.TAMPUS. *LLAMANSARES v. for only less than 1 year. also comply fully with the residency requirement. 2. domicile one. COMELEC From the time he renounced his foreign citizenship to the time of election where he ran for public office. substitution is impossible and Labo doctrine shall not apply. for 1 year. there could Always remember. is it from the time that she was granted a dual citizenship or from the time that she returned in PH? (When do you consider her a resident of PH?) . Acts indicating permanent residency in new domicile If the candidacy was void due to the reason that the candidate was not qualified in the first place. as the said candidate is not qualified in the first place. COMELEC EFFECT OF SUSPENSION Where do you reckon the period of residence of a candidate. *Caballero v. Abandoning domicile of origin among legally qualified candidates. 68. M. if he was disqualified because of Sec. then there is no candidacy to speak of. No. OEC. which in this case is Therefore. ADMINISTRATIVE LAW TRANSCRIPT Did Arnado win in the elections? What did Macquiling do? Reckoning of period for residency is not computed from the time you are granted of dual citizenship as it is really the manifest act of Arnado won in the elections and Macquiling wanted that he be abandoning the domicile of origin and intention to stay in the new proclaimed instead as the winner and not Arnado. If a person has already served the three terms but filed again a INTENTION + ACTS INDICATING PERMANENT INTENTION!!! COC is there a valid candidacy? -Consistent with Grace Poe case. Substitution by Lucy Torres was invalid. You must not say that Macquiling is the 2nd placer after Arnado as he became the 1st placer 1. COMELEC *Tagolino v. was he able to comply with Can you substitute a candidacy which is not there in the first residency requirement? place? No. reckoning period of residency requirement is from be a valid substitution and Labo doctrine shall apply. the time of your intention and the physical acts of intending to permanently stay in the PH shall by then residency be counted. However.

in 2nd and 3rd 1. 1 year before his term municipality became city. Suspension is not a valid interruption of term. How about when a municipality is converted into a city. he ran for vice mayor in the first instance.TAMPUS. It is important to remember that the three term limit shall only apply on the same position a candidate runs for. Age NO. Unless the new city is a different constituency in such case where a barangay was added into the new city. Residence was interrupted in his service? 3. he was suspended for 1 year. CITIZENSHIP (See: Aldovino v. COMELEC: Citizenship qualification must be construed as One is elected vice-mayor but he assumed as mayor in order to serve “applying to the time of proclamation of elected official and at the start the unserved term of said mayor. can he immediately run for the next elections? NO. next term without violating the 3 term rule? YES. Can he run on the fourth election on the ground that he 2. (See: Latasa v. November 30. I. M. ADMINISTRATIVE LAW TRANSCRIPT So if X is a Congressman. 2017 QUALIFICATIONS OF CANDIDATES . What was interrupted in this case is the tenure. COMELEC) REMEMBER: Mere transfer of registration is not enough as proof of domicile for purposes of complying with residency requirement as what is needed is the intentional and physical act of permanently transferring to the said new domicile. X is already on his 3rd term as mayor. can he still run then as mayor for the of his term”. Citizenship term. he ran. COMELEC) Frivaldo v.