Generally, it is the embodiment of the

popular will, the expression of the

sovereign power of the people. In
common parlance, an election is the act
of casting and receiving the ballots,
counting them, and making the return.

The means by which the people choose

their official for a definite and fixed period
and to whom they entrust for the time
being the exercise of the powers of
government.

PRIMARY PURPOSE of Election Law

is to prevent or at least minimize
election frauds.

To enable the electorate to choose the

men and women who would run their
government, whether national,
provincial, city, municipal, or barangay.

1.

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.

2. Special Election
When there is a failure of election on
the scheduled date of regular election
in a particular place or which is conduct
to fill up certain vacancies, as provided
by law.

3. Manual Election
manual/ mechanical casting/ voting, counting
and canvassing stages which involves the
following:

a. Use of paper write in ballots during casting

stage.
b. The direct reading and manual tallying of
voters in multiple copies of elections returns.
c. The direct reading of election returns and
writing of results in multiple copies of Statement
of Votes
d. The manual addition of results in SOVs and
the Certificaes of Canvass.

4. Automated Election System (AES)

A system using appropriate
technology which has been
demonstrated in the voting, counting,
consolidating, canvassing, and
transmission of election result, and
other electoral process.

Election law should be

reasonably and liberally construed to
achieve their purpose to effectuate and
safeguard the will of the electorate in the
choice of their representatives. For the
application of election law involves public
interest and imposes upon the
Commission on Elections and the courts
the imperative duty to ascertain by all
means within their command who is the
real candidate elected by the people.

Art.11, Section 1 1987 Constitution

The Philippines is a democratic and
republican state. Sovereignty resides in
the people and all government authority
emanates from them.
A democratic and republican government
derives all its powers, directly or indirectly,
from the people at large. Its essence is
indirect rule. Actual sovereignty is
exercised by the people by means of
suffrage.

 The

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.

Suffrage,

or sometimes called Political

Franchise, is the civil right to vote, or the
exercise of that right.
Suffrage is used to describe not only the legal
right to vote, but also to the practical question
of the opportunity to vote, which is sometimes
denied those who have a legal right.

1.

Natural Right Theory

Suffrage is a natural and inherent right
of every person who is not qualified by
reason of his own reprehensible
conduct of unfitness.

2. Social Expediency
Suffrage is public office or
functionconferred upon the citizen for
reasons of social expediency; conferred
upon those who are fit and capable of
discharging it.

3. Tribal Theory
It is a necessary attribute of membership in
the state.
4. Feudal Theory
It is an adjunct of a particular status,
generally tenurial in character, vested
privilege usually accompanying ownership of
land.
5. Ethical Theory
It is a necessary and essential means for the
development of society.

1.

Suffrage is NOT a natural right

Merely a privilege to be given or
withheld by the lawmaking power
subject to constitutional limitations.

2. Suffrage is a Political right

enables every citizen to participate
in the process of government to
assure that it derives it powers from
the consent of the governed.

 a. Election
Is the means

by which the people choose

their officials for definite periods and to whom
they entrust, for the time being as their
representatives, the exercise of powers of
government. It involves the choice of
candidate to public office by popular vote.

B. Plebiscite
Electoral process

by which an initiative on
the Constitution is approved or rejected by
the people.

C. Initiative
Power of the people to propose
amendments to the Constitution or tot
propose and enact legislations through
election called for the purpose

3 System of Initiative
1. Initiative on Constitution
2. Initiative in Statutes
3. Initiative in Local Legislation

d. Referendum
Power of the electorate to approve or reject a
piece of legislation through an election called
for the purpose.
a. Referendum on Statutes
b. Referendum on Local law

e. Recall
The termination of official relationship of a
local elective public official for loss of
confidence by the people prior to the end of
his term of office

 Continuity

of government and the

preservation and perpetuation of its
benefits.

Two Fold
1. To enable the people to choose their
representatives to discharge
sovereign functions,
2. To determine their will upon such
submitted to them.

Under Art. V, Sec. 1 of the 1987

Constitution, the right of suffrage may be
exercised by all citizens of the
Philippines who are:
1. Not otherwise disqualified by law,
2. At least 18 years of age, and
3. Have resided in the Philippines for at
least 1 year, and in the place wherein
they propose to vote for at least 6
months immediately preceding the
election.

 1. Citizenhip
Filipino, this may

be by birth or

naturalization
2. Age
Must be

at least 18 at the time of the

election
3. Residence
For purposes

of election law, residence

is synonymous with domicile.

4. Literacy Requirement
Constitution imposes no literacy
requirements; hence illiterates have
the right to vote.

5. Property requirement
Neither the constitution impose any
property requirement since property
ownership is not a test of individual
capacity.

5. Formal education
Is no guarantee for good citizenship or
intelligent voting.

6. Sex.
No adequate or justifiable basis for
depriving women of equal voting
rights.

7. Taxpaying Ability

1.

2.

3.

Persons sentenced by final judgment

to suffer imprisonment for not less
than 1 year
Persons adjudged by final judgment
of having committed any crime
involving disloyalty to the duly
constituted government.
Insane or incompetent persons as
declared by competent authority.

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.

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 a cancellation 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
c.acts which correspond with the purpose.

Domicile includes the twin elements of:

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

FACTS:
Petitioner filed COC to the New 2nd legislative ditsrict 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 thes aid 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
suspendedt he 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 thatt he 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

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
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.