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Political Law II

[Assignment for February 14, 2018]


(a) Read pages 477-582, The Law on Public Officers and Election Law, De Leon, 8th ed., 2014.
(b) Read pages 125-141, Political Law II Syllabus.
(c) Assigned Cases [due on February 19, 2018]:
 Is Section 9 (a) of Resolution 9615, which imposed airtime limits on radio and tv political
advertisement, violative of the people’s right to suffrage?
GMA Network vs. Comelec, G.R. 205357, Sept. 2. 2014
 Is Section 7(g) items (5) and (6), in relation to Section 7(f) of Comelec Resolution No. 9615
which prohibits the posting of any election campaign or propaganda material, inter alia, in
PUVs and public transport terminals, violative of the right of the people to suffrage?
1-UTAK vs. Comelec, G.R. No. 206020, Apr. 14, 2015
 Is the biometrics validation and the penalty of deactivation under RA 10367, an unconstitutio-
nal substantive requirement in the exercise of the right of suffrage?
Kabataan PL vs. Comelec, G.R. No. 221318, Dec. 16, 2015
 Whether or not the fear of vote buying justify the Comelec to deactivate the “voter verified
paper audit trail” function of the voting counting machine?
Bagumbayan vs. Comelec, GR. No. 222731, March 8, 2016
 In the P240million diagnostics and repair of the PCOS machines, can the Comelec resort to
direct contracting with Smartmatic-TIM under Section 52 (h), BP Blg. 881?
 Whether or not the Extended Warranty Contract (Program 1), being a part of the 2009 AES
Contract, even required public bidding?
Bishop Pabillo vs. Comelec, G.R. Nos. 216098 and 216562, April 21, 2015
 Does the COMELEC have legal and constitutional bases to regulate expressions made by
private citizens who are not candidates?
Diocese of Bacolod vs. Comelec, G.R. No. 205728, Jan. 21, 2015
 Does the power of the Comelec to regulate franchises extend to regulating the posting of
campaign materials on PUVS, private vehicles and transport terminals?
 What is “captive-audience doctrine”?
 Is Section 7(g) items (5) and (6), in relation to Section 7(f) of Comelec Resolution No. 9615
which prohibits the posting of any election campaign or propaganda material, inter alia, in
PUVs and public transport terminals, justified under the “captive-audience doctrine”?
1-UTAK vs. Comelec, G.R. No. 206020, Apr. 14, 2015
 For fixing a longer election period for the 2013 Election, for the purpose of determining
administrative/criminal liability for election offenses, is Comelec Res. No. 9851 valid?
Javier vs. Comelec, G.R. No. 215847, Jan. 12, 2016
 Does the Comelec have contempt powers?
Panadero vs. Comelec, G.R. No. 215548, Apr. 5, 2016
 Does the Comelec have jurisdiction over challenges on qualification of candidates for
President and Vice-President?
Grace Poe vs. Comelec, GR. Nos. 221697, 221698-700, March 8, 2016
 May the COMELEC prevent the conduct of a recall election for lack of specific budgetary
allocation therefor?
Goh vs. Bayron, 748 Phil. 282 (2014)
 Can the COMELEC defeat the exercise of the people's original legislative power for lack of
budgetary allocation for its conduct?
 Has the COMELEC the power to review whether the propositions in an initiative petition are
within the power of the concerned Sanggunian to enact?
Mamerto vs. Comelec, G.R. No. 213953, Sept. 26, 2017

(d) Prepare for a short quiz.