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SPECIAL LECTURES ON

ELECTION LAWS

by: Atty. Voltaire G. San Pedro

1

WHAT IS SUFFRAGE?
Suffrage is the right to vote in the
election of officers chosen by the
people and in the determination of
question submitted to the people. It
includes election, plebiscite,
initiative and referendum.

Under our Constitution, suffrage is
both a right and a privilege.
2

QUALIFICATIONS AND
DISQUALIFICATIONS OF VOTERS
Article V, Section 1 of the Constitution
To exercise the right of suffrage, a person must
be (1) a Filipino citizen; (2) at least 18 years of
age; (3) a resident of the Philippines for at least
one year; (4) a resident of the place where he
proposes to vote for at least six months; and
(5) not otherwise disqualified by law. No
literacy, property, or other substantive
requirement shall be imposed on the exercise
of suffrage.
3

A. shall possess such qualifications. may register as a voter 4 . on the day of registration may not have reached the required age or period of residence but who. on the day of the election. 8189 (Voter’s Registration Act of 1996) Any person. who.Section 9 of R.

5 .  Burden of proof is in the voter. Citizenship Qualification  Naturalized or native born.

Residence  It imports not only the intention to reside in fixed place. but also personal presence in that place coupled with the conduct indication of such intention. 6 .

Determination of Permanency  It is not necessary that there be an intention to remain permanently at the chosen domicile. 7 . it is sufficient that the place is for the time being the home of the voter to the exclusion of the other voter.

2009)  The petitioner filed a disqualification case against her opponent on the ground that the latter lacked the residency qualification. No. Residence vs. or like reasons. Domicile denotes a fixed permanent residence to which. Domicile  Pundaodaya v. The Court found that petitioner’s opponent had indeed no residency qualification since he had not abandoned his domicile of origin for his present residence. pleasure. when absent for business. 179313.R. COMELEC (G. the Court treats domicile and residence as synonymous terms. coupled with conduct indicative of such intention. Both impart not only an intention to reside in a fixed place but also personal presence in that place. 8 . one intends to return. In election cases.

2) after 5 years from service of sentence (automatic). 9 .Persons Disqualified for Voting (Sec. Omnibus Election Code) a) Conviction of a crime – more than 1 year Exceptions: 1) plenary pardon or granted amnesty. 118.

c) Insane or incompetent persons as declared by competent authority. rebellion. sedition. violation of anti- subversion and firearms law.b) Convicted of a crime involving disloyalty to the duly constituted government i.e. crime against national security. 10 .

at least 35 years of age  Holder of a College Degree  Must not have been candidates for any elective position in the preceding elections  Majority. including the Chairman. COMELEC  Composition: 1 Chairman. shall be a member of the Bar who has been engaged in the practice of law for at least 10 years 11 . and 6 Commissioners  Qualifications  NATURAL-BORN Citizen  At the time of their appointment.

GENERAL RULE: The Comelec sitting en banc does NOT have the requisite authority to hear and decide election cases in the first instance. This power pertains ot the divisions of the Commission. Any decision by the En Banc as regards election cases decided by it in the first instance is null and void 12 .

declaration of failure of election. Petitions for postponement. 3. When the required number of votes is not reached in the division. Prosecution of election cases. 2. 5. Purely administrative. Estoppel 4. and not quasi-judicial cases. and the calling of special elections. 13 .EXCEPTIONS: 1.

but limits such power to a final resolution of the Comelec en banc. JUDICIAL REVIEW OF COMELEC DECISIONS The SC has the power to review any decision. order or ruling of the COMELEC. 14 .

A. Sec. 3 (a)) 15 . 8189. Voter's Registration Act of 1996.refers to act of accomplishing and filing a sworn application for the registration by a qualified voter before the election officer of the City or Municipality wherein he resides and including the same in the book of registered voters upon approval by the Election Registration Board (R.REGISTRATION OF VOTERS  Registration .

he must be registered in the permanent list of voters for the city or municipality in which he resides. Note: In order that a qualified elector may vote in any election. plebiscite or referendum. 16 .

(Voter's Registration Act of 1996.  No registration shall. R. 8. be conducted during the period starting 120 days before a regular election and 90 days before a special election. Sec.System of Continuing Registration  The personal filing of voters shall be conducted daily in the office of the election officer during regular office hours. however.A. 8189) 17 .

2001  Petitioner requested for two (2) additional registration days in order to enfranchise more than 4 million youths between the ages 18-21 who failed to register on or before December 27. 2000.Akbayan Youth vs. 18 . COMELEC March 26.

 Held: Petition was denied. implementation and application of a law is accorded great weight. considering that these specialized government bodies are. 19 . The law was simply followed by the COMELEC. and it is an accepted doctrine in administrative law that determination of administrative agencies as to the operation. in the best to know what they can possibly do or not do under prevailing circumstances. by their nature and functions.

 “Voter” . 20 . “Elector” .citizen having constitutional and statutory qualifications that enable or entitle him to vote.an elector who actually exercises the privilege of voting.

 “There shall be in each city and municipality as many as ERB … to act on all applications for registration…” 21 . Where to Register?  Registration with Election Registration Board (ERB).

A. R. 8189) 22 . 15.Election Registration Board  There shall be in each city and municipality as many Election Registration Boards as there are election officers therein.  No member of the Board shall be related to each other or to any incumbent city or municipal elective official within the fourth civil degree of consanguinity or affinity. (Sec.

/CITY TREASURER – Member 23 . Composition of ERB 1) ELECTION OFFICER – Chairman 2) PUBLIC SCHOOL OFFICER - Member 3) LOCAL CIVIL REGISTRAR - Member 4) MUN.

24 . or representative of a registered political party may challenge in writing any application for registration. the challenge shall be under oath and be attached to the application. together with the proof of notice of hearing to the challenger and the applicant.A. stating the grounds therefor. 8189) 1) Any voter. R.Challenges to Right to Register (Sec. 18. candidate.

(Sec. 3) The hearing on the challenge shall be heard on the third Monday of the month and the decision shall be rendered before the end of the month.A. 18. in all cases.2) Oppositions to contest a registrant's application for inclusion in the voter's list must. be filed not later than the second Monday of the month in which the same is scheduled to be heard or processed by the Election registration Board. 8189) 25 . R.

26 . such disability not having been removed by plenary pardon or amnesty.A. R. Deactivation of Registration (Sec. 8189) The registration of the following persons may be deactivated: a) Any person who has been sentenced by final judgment to suffer imprisonment for not less than one (1) year. 27.

violation of the anti-subversion and firearms laws. sedition. unless restored to his full civil and political rights in accordance with law.b) Any person who has been adjudged by final judgment by a competent court or tribunal of having caused/committed any crime involving disloyalty to the duly constituted government such as rebellion. or any crime against national security. 27 .

For this purpose. d. Any person who did not vote in the two successive preceding regular elections as shown by their voting records. regular elections do not include the Sangguniang Kabataan (SK) elections. 28 .c) Any person declared by competent authority to be insane or incompetent unless such disqualification has been subsequently removed by a declaration of a proper authority that such person is no longer insane or incompetent.

and f) Any person who has lost his Filipino citizenship.e) Any person whose registration has been ordered excluded by the Court. 29 .

28. Reactivation of Registration (Sec. R. The Election Officer shall submit said application to the ERB for appropriate action. 8189)  Any voter whose registration has been deactivated may file with the ERB a sworn application for reactivation of his registration in the form of an affidavit stating that the grounds for the deactivation no longer exist any time but not later than 120 days before a regular election and 90 days before a special election. 30 .A.

Local and Overseas Absentee Voting  General Rule: A person must be physically present in the polling place whereof he is a registered voter to be able to vote. 31 .

may vote in the city/municipality where he is assigned. provided that he is a duly registered voter.  Overseas Absentee Voter (RA 9189) 32 . is not in his place of registration on election day.Exceptions:  Members of the BEI  Any person who by reason of public functions and duties.

Exclusion and Correction of Names of Voters: a) Petition for inclusion. INCLUSION AND EXCLUSION PROCEEDINGS (Sec. R. 32. exclusion or correction of names of voters shall be filed during office hours.A. 8189)  Common Rules Governing Judicial Proceedings in the Matter of Inclusion. 33 .

date and time of the hearing of the petition shall be served upon the members of the Board and the challenged voter upon the filing of the petition. c) A petition shall refer only to 1 precinct and shall implead the Board as respondents. 34 .b) Notice of the place.

if the court should find that the application has been filed solely to harass the adverse party and cause him to incur expenses. candidate or political party who may be affected by the proceedings may intervene and present his evidence. 35 . However. it shall order the culpable party to pay the costs and incidental expenses. e) Any voter.d) No costs shall be assessed against any party in these proceedings.

36 . If the question is whether or not the voter is real or fictitious.f) The decision shall be based on the evidence presented and in no case rendered upon a stipulation of facts. his non- appearance on the day set for hearing shall be prima facie evidence that the challenged voter is fictitious.

In all cases. Cases appealed to the RTC shall be decided within 10 days from receipt of the appeal.g) The petition shall be heard and decided within 10 days from the date of its filing. the court shall decide these petitions not later than 15 days before the election and the decision shall become final and executory. 37 .

Jurisdiction in Inclusion and Exclusion Cases  Original and Exclusive Jurisdiction: The Municipal and Metropolitan Trial Courts shall have original and exclusive jurisdiction over all cases of inclusion and exclusion of voters in their respective cities or municipalities. 38 .

A. 8189) 39 . Otherwise. Appeal: Decisions of the MTCs may be appealed to the RTC within 5 days from receipt of notice thereof. R. said decision shall become final and executory. (Sec. RTC shall decide the appeal within 10 days from the time it is received and the decision shall immediately become final and executory. No motion for reconsideration shall be entertained. 33.

G. The jurisdiction of the trial court is limited only to determining the right of the voter to remain in the list of voters or to declare that the challenged voter is not qualified to vote in the precinct in which he is registered. to declare the challenged voter as a resident of another municipality. in exclusion proceedings. (Domino vs. Note: It is not within the competence of the trial court. No. specifying the ground for the voter's disqualification. 1999) 40 . July 19. 134015.R. COMELEC.

may Board or whose name file with the court a has been stricken out sworn petition for from the list may file the exclusion of with the court a petition voters giving the to include his name in name. 35. R.A 8189) Prayer Any person whose Any registered voter. PETITION FOR PETITION FOR INCLUSION EXCLUSION (Sec. application for representative of a registration has been political party or the disapproved by the Election Officer. address and the permanent list of precinct of the voters in his precinct challenged voter Period Within 15 days after its Within 10 days to filing from its filing 41 decide .A 8189) (Sec. 34 R.

Time of Anytime except one Anytime except one Filing hundred five (105) days hundred days(100) prior to a regular prior to a regular election or seventy-five election or sixty-five (75) days prior to a (65) days before a special election special election Accom. application challenged voter. Proof of service of notice of his petition upon the Board 42 . ments 2. Certificate of Proof of notice to the panying Disapproval of his Board and to the Docu. 1.

organization or coalition for purposes of the party-list system by filing with the COMELEC a petition stating its desire to participate in the party-list system. POLITICAL PARTIES  Any organized group of persons may register as a party. 43 .

PURPOSES OF REGISTRATION  To acquire juridical personality.  To entitle it to rights and privileges grated to political parties. and  To participate in the party-list system 44 .

GROUPS WHICH CANNOT BE REGISTERED  Religious denominations or sects.  Those who refuse to uphold and adhere to the constitution  Those supported by foreign governments.  Those which cannot have no platform or program of government  Those who seek to achieve their goals through violence or unlawful means. 45 .  Citizen’s arm accredited by the Commission.

 Receiving support from FOREIGN: government. foundation. whether directly or indirectly. organization. GROUNDS FOR CANCELLATION  It is a religious denomination or sect. 46 . political party.  Advocates violence/unlawful means to seek its goal.  Violates or fails to comply with election laws  Ceased to exist for at least 1 year  Declares unlawful statements in its petition  Fails to participate in the last 2 preceding elections or fails o obtain at least 2% of the votes cast under the party-list system in the 2 preceding elections. organized for election purposes.

2013)  This case stemmed from 54 petitions for certiorari from Atong Paglaum. 47 . Inc. R.A. COMELEC (G. regional. economically marginalized and underrepresented. by their nature. 203766. Atong Paglaum v. and 51 other parties who were disqualified by the COMELEC in May 2013 as party-list for not being qualified as representatives for marginalized or underrepresented sectors. No. and sectoral parties or organizations shall not be disqualified if some of their nominees are disqualified. The phrase “marginalized and underrepresented” should refer only to those sectors in Section 5 that are. National. provided that they have at least one nominee who remains qualified. The nominees of the sectoral party either must belong to the sector.R. 7941 does not require national and regional parties or organizations to represent the marginalized and underrepresented sectors. or must have a track record of advocacy for the sector represented.

ELECTION OF PARTY-LIST REPRESENTATIVES The party-list representatives shall constitute 20% of the total number of representatives. including those under the party-list system. The Party-list system is a mechanism of proportional representation of representatives to the House of Representatives 48 .

FROM CAMILLE  What is the nature of the party-list system? A social justice tool that is intended to benefit those who have less in life. 49 .

 2. 50 . foreign political party. organization. organization or association. It advocates violence or unlawful means to seek its goal. whether directly or through any of its officers or members or indirectly through 3rd parties for partisan election purposes. It is a foreign party or organization. RA 7941)  1.  3.  4. It is receiving support from any foreign government. It is a religious sector denomination. organized for religious purposes. Ground for refusal and/or cancellation of registration (Sec 6. foundation.

It violates or fails to comply with laws. It declares untruthful statements in its petition. 51 . 5. or fails to obtain at least 2% of the votes cast under the party list system in the 2 preceding elections for the constituency in which it has registered.  6. It has ceased to exist for at least 1 year. rules or regulations relating to elections. It fails to participate in the last 2 preceding elections.  7.  8.

RA 7941 – Qualifications for party list nominees  (1) Natural-born citizen of the Philippines  (2) Registered voter  (3) Resident of the Philippines for a period of not less than 1 year immediately preceding the day of the election.  (4) Able to read and write  (5) Bona fide member of the party or organization which he seeks to represent for at least 90 days preceding the day of the election. Sec 9. so also must its nominees.  (6) Not only the candidate party or organization must represent marginalized and underrepresented sectors.  (7)The nominee must also represent the marginalized and underrepresented 52 .

The two (2%) percent threshold . The twenty (20%) percent allocation 2. NOTE: The base is the total votes cast for the party-list and not the total number of registered voters. 53 .Only those garnering a minimum of 2% of the total valid votes cast for the party list system are qualified to have a seat in the HOR. Parameters to determine the winners in a Party-list election 1. The three (3) seat limit 3.

20) = 55 54 . How is the 80-20 rule observed in apportioning the seats in the lower house?  How did the Supreme Court arrive at 55? This is the formula:  (Current Number of Legislative District Representatives ÷ 0.  (220 ÷ 0. .20) = Number of Seats Available to Party-List Representatives  Hence.80) x (0.80) x (0.

However. the number of party-list representatives shall not exceed 20% of the total number of the members of the lower house. 55 . The 20% allocation for party-list representatives is merely a ceiling – meaning. it is not mandatory that the 20% shall be filled.

and coalitions receiving at least two percent (2%) of the total votes cast for the party-list system shall be entitled to one guaranteed seat each. 3. How are party-list seats allocated?  The Supreme Court laid down the following rules: 1. and coalitions shall be ranked from the highest to the lowest based on the number of votes they garnered during the elections. according to the ranking in paragraph 1. 2. organizations. organizations. The parties. 56 . The parties. Those garnering sufficient number of votes. shall be entitled to additional seats in proportion to their total number of votes until all the additional seats are allocated.

the guaranteed seats shall no longer be included because they have already been allocated. the remaining available seats for allocation as “additional seats” are the maximum seats reserved under the Party List System less the guaranteed seats. 57 . organization. or coalition shall be entitled to not more than three (3) seats.A. Fractional seats are disregarded in the absence of a provision in R. Thus. No. at one seat each. Each party. 7941 allowing for a rounding off of fractional seats. to every two-percenter.  In computing the additional seats.

 The number of remaining seats. In this case. in determining seats for the party-lists that did not garner at least 2% of the votes case. in determining. shall be used in the second round. 17 party-lists were able to garner 2% each. in this case 38. 55 minus 17 = 38 remaining seats. and in the process filling up the 20% allocation for party-list representatives 58 . and the second. the additional seats for the two-percenters. There are a total 55 seats available for party-lists hence. particularly. first.

900)  (Percentage of vote garnered) x (Remaining Seats) = Number of Additional Seat  7.169. the BUHAY party-list garnered the highest total vote of 1.33% x 38 = 2.33% of the total votes cast for the party-list elections (15.234 which is 7.  In this case.79  BUHAY is entitled to 3 seats 59 . 950. Get the total percentage of votes garnered by the party and multiply it against the remaining number of seats.

 Political parties can participate in party-list elections ONLY IF  Register under the party-list system  Do not field candidates in legislative district election HOWEVER A political party that fields candidates in legislative district elections can participate in party-list elections only through its sectoral wing that can separately register under the party-list system. and is linked to a political party through a coalition 60 . The sectoral wing is by itself an independent sectoral party.

MANNER OF VOTING
Every voter shall be entitled to 2 votes:
1. For a candidate for member of the House
of Representatives in his legislative
district; and
2. For the party, organizations, or coalition
he wants represented in the House of
Representatives (Section 10, Party-List
System Act)

61

FOUR PARAMETERS IN THE
PHILIPPINE PARTY LIST
(BANAT VS. COMELEC)
1. 20% allocation
2. A guaranteed seat for a party-list
organization garnering 2% of the total
votes cast
3. Proportional representation
4. Three-seat cap

62

CANDIDACY
 Who is a Candidate? "any person
aspiring for or seeking an
elective public office, who has
filed a Certificate of Candidacy
(COC) by himself or through an
accredited political party,
aggroupment, or coalition of
parties." (Section 79 (a) Omnibus
Election Code) 63

than 2 years immediately VII. VI) 64 . Constitution) preceding the day of the election (Sec. 2 Art. 2 Art.QUALIFICATIONS OF CANDIDATES NATIONAL PRESIDENT/ SENATOR VICE-PRESIDENT 1) Natural-born citizen 1) Natural-born citizen 2) At least 40 years old on the 2) At least 35 years old on day of the election the day of the election 3) Able to read and write 3) Able to read and write 4) Registered voter 4) Registered voter 5) Resident of the Philippines for at least 10 years 5) Resident of the immediately preceding the Philippines for not less day of the election (Sec.

VI) 65 . 4) Able to read and write 5) At least 25 years old on the day of election (Sec. LOCAL DISTRICT REPRESENTATIVE 1) Natural-born citizen 2) Registered voter in the district in which he shall be elected 3) Resident of the same district of not less than 1 year immediately preceding the day of election. Art. 6.

age must at least be : a) 23 years . Vice-Mayor. Member of the SG Panlungsod of Highly Urbanized Cities. R. or bayan. the district where he intends to vote. Member of the SG Panlalawigan. 39.A 7160) 66 . b) 21 years . CC. or Punong Barangay or member of the SG barangay but not more than 18 years - SK (Sec. 4) Able to read and write Filipino or any other local language or dialect.member of the SG panlungsod. or municipalities c) 18 years .Mayor or Vice-Mayor of ICC. or SG bayan. or. 3) Resident therein for at least 1 year immediately preceding the election. panlungsod. Governor/Vice-Governor Mayor/Vice-Mayor Punong Barangay/ Sanggunian Members 1) Citizen of the Philippines 2) Registered voter in the Barangay. Mayor. municipality. 5) On election day.Governor. city or province. in case of a member of the SG panlalawigan. Vice-Governor.

CASE: FRIVALDO vs. 67 . his title to the office may be seasonable challenged. COMELEC (174 SCRA 245)  Qualifications prescribed by law are continuing requirements and must be possessed for the duration of the officer's active tenure. Once any of the required qualification is lost.

2) a permanent resident to or immigrant to a foreign country unless he waives such status. 68 . DISQUALIFICATIONS under the OEC 1) declared as insane or incompetent by a competent authority.

e. COMELEC. (i. rebellion. insurrection. 15. 2001. G. Nov. 69 . c) crime involving moral turpitude. (Villaber vs.3) sentenced by a final judgment for any of the following offenses: a) subversion.R. or b) offense for which he has been sentenced to a penalty for more than 18 months. issuing of a bouncing checks without sufficient funds. 148326).

70 . after service. or more of imprisonment or within 2 yrs. 2) remove from office as a result of an administrative case. DISQUALIFICATIONS under the LGC 1) sentenced by final judgment for an offense punishable by 1 yr.

4) those with dual citizenship. 71 .3) convicted by final judgment for violating the oath of allegiance to the Republic of the Philippines.

6) permanent residence in a foreign country. 72 .5) fugitive from justice.

and 3) officers and employees of the GOCC . 2) active members of the AFP. EFFECTS OF FILING CERTIFICATE OF CANDIDACY 1) appointive officials. 73 .shall be ipso facto resigned from his office upon the filing of the COC.

he should resign first his appointive office? Answer:  That is not required.Question:  Is it required that before he files COC. 74 .

 Elective official.no longer deemed resigned when he files a COC for the same or other elective office or position. (Sec. 14.) 75 . whether national or local . 67 of BP 881. Fair Election Act expressly repealed Sec.

the same political party may file a COC to replace the candidate NOT LATER THAN mid-day of the day of election. only a person belonging to. or is DISQUALIFIED for any cause. an official candidate of a registered accredited political parti DIES. WITHDRAWS.SUBSTITITION OF CANDIDATES  If after the last day for the filing of COCs. 76 . and certified by.

A candidate whose COC has been cancelled or not given due course cannot be substituted by another belonging to the same political party. No substitute shall be allowed for an independent candidate. 77 .

only on death and disqualification shall substitution may take place upon the start of the campaign period until mid - day of the elections. 78 .Question:  Can there be a valid substitution of candidates even on the day of the election itself? Answer:  Yes.

No. If the death or disqualification should occur between the day before the election and mid-day of election day. (Sec. 15. the substitute candidate may file his COC with any Board of Election Inspectors in the political subdivision where he is a candidate. provided that the substitute and the substituted candidate have the same surnames. 9518) 79 . Res.

COMELEC April 24. 76 of the OEC. (Luna vs. MINISTERIAL DUTY OF COMELEC TO RECEIVE CERTIFICATES  When a candidate files his COC. (Sec. 8 Comelec Resolution 8678) 80 . the COMELEC has only a ministerial duty to receive and acknowledge its receipt pursuant to Sec. provided said certificates are under oath and contain all the required data in the form prescribed by the commission. 2007)  The receiving officer shall have the ministerial duty to receive and acknowledge receipt of the certificates of candidacy/nomination by registered political parties or coalition of political parties on or before the deadline for filing of certificates of candidacy.

 Instances when COMELEC may go beyond the face of Certificate of Candidacy 1) Nuisance Candidate 2) Petition to deny due course or to cancel a certificate of candidacy 3) Filing of a disqualification case on any of the grounds enumerated in Sec. OEC 81 . 68.

NUISANCE CANDIDATES  COMELEC may motu propio or upon a verified petition of an interested party. refuse to give due course to or cancel a COC if it is shown that said certificate was filed: 82 .

and thus prevent a faithful determination of the true will of the electorate. 83 .1) to put the election process in Mockery or disrepute. 3) by other circumstances or acts which demonstrate that a candidate has no bona fide intention to run for the office for which the certificate of candidacy has been filed. 2) to cause Confusion among voters by similarity of the names of registered candidates.

OEC is false. (Sec.PETITION TO DENY OR CANCEL CERTIFICATES OF CANDIDACY  A verified petition seeking to deny due course or to cancel a COC may be filed by the person exclusively on the ground that any material representa- tion contained therein as required under Sec. 74. OEC) 84 . 78.

to wit: 85 . COMELEC AND BICHARA. 2011 There are two instances where a petition questioning the qualifications of a registered candidate to run for the office for which his COC was filed can be raised under the Omnibus Election Code. CASE: GONZALES VS.

1) Before Election. pursuant to Section 253. viz: 86 . OEC (Petition for quo warranto). OEC (material representation contain in the COC is false): and 2) After Election. pursuant to Section 78.

) regional.“Petition for quo warranto.)" 87 . (Sec. or city officer on the ground of ineligibility or of disloyalty to the Republic of the Philippines shall file a sworn petition for quo warranto with the commission within 10 days after the results of the election. provincial. 253. OEC. Any voter contesting the election of any (Member of the Batasang Pambansa.

(False age requirement) Facts: Candidates for Vice-Governor of the ARMM. Election took place and pending promulgation of the winning candidate. 216 SCRA 760. Example of material representation CASE: LOONG vs. a petition was filed seeking to cancel the COC on the ground of material representation (Loong was under age). 88 . COMELEC.

89 . It must be filed not later than 25 days from the filing of the COC.Held: Petition denied because it was filed out of time.

90 . CASE: MITRA vs. COMELEC AND GONZALES. 2010 (Residency Requirement)  The critical issue is the presence of deliberate false material representation to deceive the electorate.

91 . The Maligaya Feedmill building could not have been Mitra’s residence because it is cold and utterly devoid of any indication of Mitra’s personality and that it lacks loving attention and details inherent in every home to make it one’s residence.

92 . The Supreme Court found in the present case that Mitra did not deliberately misrepresent his Aborlan residence to deceive or mislead the Palawan electorate since he in fact adduced positive evidence of transfer of residence which the private respondents failed to sufficiently controvert.

93 . In this regard. 2) his preparatory moves starting in 2008. the Supreme Court noted with emphasis that Mitra undertook “incremental moves” to his new domicile in Aborlan as evidenced by the following: 1) his expressed intent to transfer to a residence outside Puerto Princesa City to make him eligible for a provincial position.

3) the transfer of registration as a voter in March 2009. 4) his initial transfer through a leased dwelling at Maligaya Feedmill. 94 .

and 6) the construction of a house on the said lot which is adjacent to the premises he was leasing pending the completion of his house. 95 .5) the purchase of a lot for his permanent home.

and the votes cast for him shall not be counted.A. 6646) 96 . No. R. (Sec.6.EFFECTS OF DISQUALIFICATION  Any candidate who has been declared by final judgment to be disqualified shall not be voted for.

a candidate is not declared by final judgment before an election to be disqualified and he is voted for and receives the winning number of votes in such election. if for any reason. Nevertheless. (New) 97 . his violations of the provisions of the preceding sections shall not prevent his proclamation and assumption to office.

(Sec. file personally a Statement of Withdrawal under oath. electronic mail. 9518) 98 . No. WITHDARAWAL OF COC  Any person who has filed a Certificate of Candidacy may. 14.  No Statement of Withdrawal shall be accepted if filed by a person other than the candidate himself or if filed by mail. Res. telegram or facsimile. at any time before election day.

 The filing of a withdrawal
of a COC shall not affect
whatever civil, criminal or
administrative liabilities a
candidate may have
incurred.
99

 A person who has
withdrawn his COC for a
position shall not be
eligible, whether as a
substitute candidate or
not, for any other position.
(Sec. 14, Res. No. 9518)
100

 In Monsale vs. Nico, (83
Phil, 758), the withdrawal
of the withdrawal for the
purpose of reviving the
COC, must be made
within the period
provided by law for filing
the COC. 101

the following political activities are permitted outside the campaign period. CAMPAIGN  PRE-MATURE CAMPAIGNING  Prohibition against pre-mature campaigning . 102 . OEC).partisan political activities are prohibited outside the campaign period (Sec. However. 80.

OEC) 103 . 2) Public expressions or opinions or discussions of probable issues in a forthcoming election or on attributes of or criticisms against probable candidates proposed to be nominated in a forthcoming political party convention (Sec.1) Those performed for the purpose of enhancing the chances of aspirants for nomination for candidacy to a public office by a political-party. 79. aggroupment or coalition of parties.

104 . there is no restriction to any election campaign or partisan political activity. or against. If there is yet no candidate whose interest it is to be promoted is defeated. a person who has not filed a certificate of candidacy is not prohibited. engaging in partisan political activity in favor of. Accordingly.

2006) 105 .A person who files a certificate of candidacy is not a candidate until the start of the campaign period. 16. COMELEC Nov. (Lanot vs.

who has filed a certificate of candidacy" and that "any person who files a certificate of candidacy within the period for filing shall only be considered as a candidate at the start of the campaign period for which he filed his certificate of candidacy". 106 . Comelec (Nov. "candidate" has been defined as "any person aspiring for or seeking an elective public office. 2009) the Court ruled that under the law. 25. In Penera vs.

It stressed that when "the applicable provisions of R. 8436.A. these provisions of law do not consider Penera a candidate for purposes other than the printing of the ballots until the start of the campaign period. 9369 are read together. as amended by R. 107 .A.

 This means that a candidate is
liable for an election offense only
for acts done during the campaign
period, not before. The law is
clear as daylight - any election
offense that may be committed by
a candidate under any election
law cannot be committed before
the start of the campaign period.
108

 The court further said that what the
law says is "any unlawful act or
omission applicable to a candidate
shall take effect only upon the start of
the campaign period. The plain
meaning of this provision is that he
effective date when partisan political
acts become unlawful as to a candidate
is when the campaign period starts.
Before the start of the campaign
period, the same partisan political acts
are lawful. 109

CAMPAIGN PERIOD
 Presidential and VP - 90 days
 Senatorial, Congressional, Provincial
and City/Municipal - 45 days
 Barangay - 15 days

N.B. Period of time within the election
period specified by law when
candidates can legally conduct election
activities.
110

Foreign Nationals III. cockfights) 111 . Fund Raising (Lotteries. Prohibited Contributions I. contest.000. a) Public/Private Financial Institution b) Natural/Juridical person operating public utility c) N/J person hold contracts to supply the government d) N/J person who was granted franchise e) N/J person granted loan by government P100.00 f) Education Institution revive public funds g) Employees/Officials Civil Service/Armed Forces II. dances.

OEC)  It shall be unlawful for any person. national. 112 . including a political party or public or private entity to solicit or receive. directly or indirectly. 96. SOLICITING OR RECEIVING CONTRIBUTIONS FROM FOREIGN SOURCES (SEC. any aid or contribution of whatever form or nature from any foreign. government or entity for the purposes of influencing the results of the election.

lotteries. Provided. entertainments. are excluded from this prohibition. agent or representative.PROHIBITED RAISING OF FUNDS (Sec. theatrical or other performances for the purpose of raising funds for an election campaign or for the support of any candidate from the commencement of the election period up to and including election day. whether civic or religious. bingo. or any person acting in their behalf. contribution or donation in cash or in kind from the commencement of the election period up to and including election day. food. games. OEC)  It shall be unlawful for any person to hold dances. or cinematographic. boxing bouts. or from his campaign manager. beauty contests. directly or indirectly. That normal and customary religious stipends. 97. 113 . to solicit and/or accept from any candidate for public office. or collections on Sundays and/or other designated collection days. cockfights. or for any person or organization. any gift. transportation. tithes.

A.120 minutes for TV. No. and 1/2 page for tabloid. Fair Election Act of 2001 (R. 180 minutes for radio b) Local position . 9006) Lawful Election Propaganda 1) Written/printed materials (8 1/2 inches x 14 inches) 2) Handwritten/printed letters 3) Posters not exceeding 2 x 3 feet 4) Print ads (1/4 page in broadsheets.60 minutes for TV and 90 minutes for radio 114 . published thrice a week) 5) Broadcast ads on TV and Radio a) National position .

Published or Printed Election Propaganda  “Paid for by”  “Printed by” 115 .

116 . Prohibited Form of Election Propaganda  Is this provision a violation of the freedom of expression under the constitution?  No. The prohibition against certain forms of election propaganda was upheld as a valid exercise of the police power.

for candidates  President and Vice-President .P10/voter  Other candidate.every voter currently registered in the constituency or constituencies where it has official candidates. for political parties  P5. if without party - P5/voter II.00 . 117 . Limitations on Expenses/ Lawful Expenditures I.P3/voter  Other candidate. if with party .

118 . file true and itemized statement of all contributions. Statement of Contribution and Expenses  Every candidate and treasurer of a political party shall. within 30 days after any election.  Non-compliance will lead to consequences.

703) 119 . honest and orderly. COMELEC. Board of Election Inspectors  They are frontline election officers. in the real sense. 70 Phil. foot soldiers who see to it that elections are free. They perform such duties and discharge such responsibilities that make them. (Sumulong vs.

 Section 164 (B. 8436 – An act authorizing the COMELEC to use Automated Election System (AES). one will be designated as the poll clerk.P. R. At least 1 shall be an information technology capable person certified by the DOST 120 . = All shall be public school teachers. amended some provisions of BP 881.A. 881)  Composition: A Chairman and two (2) members.

A. It shall canvass the results by consolidating the certificates of canvass electronically transmitted. 22. RA 9369) 121 . 9369) 1) For Senators and Party-List Representatives  The National Board of Canvassers for Senators and Party-list Representatives shall be the Chairmen and the members of the COMELEC sitting en banc. and party-list representatives. Thereafter. CANVASSING PROCEDURE IN GENERAL (R. the national board shall proclaim the winning candidates for senators. (Sec.

2) For President and Vice-President a) Transmission of Returns . directed to the President of the Senate.The National Board of Canvassers for President and Vice-President is the Congress. 122 . The Certificate of canvass for President and Vice-President duly certified by the board of canvassers of each province or city shall be electronically transmitted to the Congress.

not later than thirty (30) days after the day of the election. 123 .Upon receipt of the certificates of canvass. the President of the Senate shall. open all the certificates in the presence of the Senate and the House of Representatives in joint public session.b) Opening of Certificates of Canvass .

the Congress shall canvass all the results for president and vice- president.c) Canvass of the votes by Congress . 124 .upon determination of the authenticity and the due execution of the COC's in the manner provided by law.

d) Proclamation .the person having the highest number of votes shall be proclaimed elected. RA 9369) e) In case of tie . 125 . (Sec.In case two or more shall have an equal and highest number of votes. 28. one of them shall forthwith be chosen by a vote of a majority of all the members of Congress.

f) Congress and the Commission en banc shall determine the authenticity and due execution of the certificate of canvass for president and vice-president and senators. 37 RA 9369) 126 . (Sec. respectively as accomplished and transmitted by the local board of canvassers.

7166) 127 . (Sec. Panglungsod or Bayan belonging to the same ticket shall collectively be entitled only to 1 WATCHER . No. WATCHERS  Who are entitled to watchers? 1) Every registered political party. 26. R. 2) Candidates of Sanguniang Panlalawigan. coalition of the political parties and every independent candidate shall each be entitled to 1 WATCHER in every polling place and canvassing center.A.

2) Witness and inform themselves of the proceedings of the BEI. Rights and Duties of Watchers 1) To stay in the space reserved for them inside the polling place. 3) Take notes and photographs of the proceedings. 128 .

OEC) 129 . (Sec.4) To file protest against any irregularity or violation of law. 179. 6) To read the ballots after they shall have been read by the Chairman of the BEI. 5) To be furnished with the Certificate of Number of Votes cast for each candidate.

4) Know how to read and write Filipino. English. 3) Shall not have been convicted by any final judgment of any election offense or of any other crime. 5) Not related within the 4th civil degree of consanguinity or affinity to the parties/candidates etc. Spanish or any of the prevailing local dialects.. 178. 2) Good reputation. (Sec. OEC) 130 . Qualifications of Watchers 1) Qualified voter of the City and Municipality.

REMEDIES AND JURISDICTION IN ELECTION LAW Petition not to give due course to certificate of candicacy  A verified petition seeking to deny due course to a certificate of candicacy may be filed by any person exclusively on the ground that any material misrepresentation contained therein is false. The petition may be filed not later than 25 days from the time of filing of the certificate of candidacy and shall be decided after due notice and hearing not later than 15 days before the election. OEC) 131 . 78. (Sec.

refuse to give dues course to or cancel a certificate of candidacy if the following situations are extent: 1) If it is shown that said certificate has been filed to put the election process in mockery or disrepute. The commission may motu proprio or upon a verified petition of an interested party. 132 .

2) If said certificate was filed to cause confusion among the voters by the similarity of the name of the registered candidate. 3) If there are other circumstances or acts which clearly demonstrate that the candidate has no bona fide intention to run for the office for which the COC has been filed and thus prevent a faithful determination of the true will of the electorate. 2002) 133 . (Coquilla vs COMELEC July 31.

terrorism. fraud. PETITION TO DECLARE FAILURE OF ELECTIONS  Instances where failure of election may be declared: 1) The election in any polling place has not been held on the date fixed in account of force majeure. or other. analogous causes. 2) The election in any polling place had been suspended before the hour fixed by law for the closing of the voting on account of force majeure. terrorism. fraud or other analogous causes. 134 . violence. violence.

terrorism. COMELEC March 3. fraud or other analogous causes. 1999) 135 . violence. (Joseph Peter Sison vs.3) After the voting and during the preparation and transmission of the election returns or in the custody or canvass thereof such election results in a failure to elect on account of force majeure.

violence. 136 . REQUISITES OF FAILURE OF ELECTIONS 1) No voting took place in the precinct or precincts on the date fixed by law. or even if there was voting. fraud or other analogous causes. 3) The cause of such failure of election should have been force majeure. the election resulted in failure to elect. terrorism. 2) The votes not cast would have affected the results of the election.

 The COMELEC en banc has the original and exclusive jurisdiction to hear and decide petitions for declaration of failure of election or for annulment of election results (Sec. 7166) 137 .A. 4 R.

(NOTE : Proceedings before the BEI is not included) 138 . PRE-PROCLAMATION CONTROVERSY  Grounds : a) Any questions pertaining to or affecting proceedings in the BOC.

lost or destroyed. 4) 236 – Discrepancies in the election returns.  In relation to the preparation. 2) 234 – Material defects in the election of returns = omission of the name and/or votes of a candidate. 3) 235 – ER appears to be tampered or falsified. 139 . transmission.b) Matters raised under : 1) 233 . receipt. custody and appreciation of election returns.Election returns are delayed.

are left for examination in the Election Protest. NATURE OF PRE-PROCLAMATION CONTROVERSY  Summary in nature consistent with the law’s desire that the canvass and proclamation be delayed as little as possible.  That is why such question as those involving appreciation of ballots. 140 . which require more deliberate and necessary longer consideration. conducts of the campaign and balloting.

(SECTION 242. 141 . COMMISSION’S EXCLUSIVE JURISDICTION OF ALL PRE-PROC. CONT. OEC)  (Modified by Section 15 of RA 7166) – No Pre- Proclamation in election of National officials.

not allowed in election for : 1) President 2) Vice-President 3) Senator 4) Members of the House of Representatives 142 . Pre-proc. Cont.

143 . The COMELEC has exclusive jurisdiction of all pre proclamation controversies. Its decision becomes executory after the lapse of 5 days from receipt by the losing party of the decision unless restrained by SC.

c) Transacted business without business without due notice to the members. 144 . b) Transacted business without a quorum. ISSUES THAT MAY BE RAISED IN PRE- PROCLAMATION CONTROVERSY (SECTION 243. EFFECTS:  Acts of the BOC is illegal and null and void. OEC) 1) Illegal composition or proceedings of the BOC a) BOC not constituted in accordance with. is not composed of those enumerated by law.

threats. 235. 145 . obviously manufactured or not authentic.  Ex. Names and/or corresponding votes of a candidate. 3) ER prepared under duress. 236  234 – Material defects in the returns – some requisite of forms or date has been omitted.2) Grounds under 233. coercion. 234. intimidation.

“Obviously manufactured returns” 1) Where no elections at all were held. 3) Where returns show great excess of votes that could have been legally cast. 2) Where the BOC stated that they never served and did not participate in the election. 146 .

147 .  Purpose .to ascertain the true will of the people and due elected officers. and this could be achieved by throwing wide open the appeal before the court. ELECTION CONTEST  Nature .special summary proceedings the object of which is to expedite the settlement of controversies between candidates as to who received the majority of the legal votes.

JURISDICTION OF THE COMMISSION (Amended by Sec.Presumption that the above elective officials has been proclaim. 17. Art.B.SC b) Senator – Senate Electoral Tribunal c) Congressman-HR d) Regional/Province/City . 148 . . VI Constitution)  ORIGINAL AND EXCLUSIVE a) President/Vice President . SECTION 249.COMELEC e) Municipal .RTC f) Barangay .MTC N.

POST ELECTION DISPUTE (After Proclamation) a) ELECTION PROTEST b) QUO WARRANTO  ISSUES: 1) Casting and Counting of votes 2) Qualification 3) Return 4) Eligibility. during or after casting and counting votes. disloyalty of winning candidate 5) Fraud 6) Terrorism 7) Irregularities/illegal acts  Committed before. 149 .

ELECTION PROTEST  Grounds 1) Fraud 2) Terrorism 3) Irregularities or Illegal acts committed before. 150 . during or after the casting and counting of votes Time to file: Within ten days from proclamation Who may file: may be file by any candidate who has filed a COC.

QUO WARRANTO  Grounds 1) Ineligibility 2) Disloyalty to the Republic Time to file: Within ten days from proclamation. Who may file: by any registered voter 151 .

Legarda 129 SCRA 729) 152 .  They can be separately filed with the second and the later case suspended until the earlier one is resolved. – Election Protest and Quo Warranto may not be availed of jointly and in the same proceedings. N.B.  An action for quo warranto cannot be converted into an election protest. (Asunsion vs.

COMELEC 267 SCRA 806) 153 . -The death of the protestant does not extinguished an election protest (De Castro vs.B. N.

The court or tribunal cannot declare the protestant as having been elected. ELECTIVE OFFICE  The issue is eligibility of the officer elect. 154 . II. I. APPOINTIVE OFFICE  The issue is the legality of the appointment the court determines who of the parties has legal title to the office. DISTINCTION BETWEEN QUO WARRANTO IN ELECTIVE/APPOINTIVE OFFICE.

intimidation. use of fraudulent device. or other forms of coercion 155 . Prohibited Acts SECTION 261 1) Vote-buying and Vote-selling 2) Conspiracy to bribe voters 3) Wagering upon results of the election 4) Coercion of subordinates 5) Threats. terrorism.

promotion or giving salary increases. creation of new position. a) Applies only to appointment covered by the civil service law and not those covered by special law like local Government Code. 8) Transfer of officers and employees in the civil service 9) Intervention of public officers and employees 10) Undue influence 156 .6) Coercion of election officials and employees 7) Appointment of new employees.

equipment. 157 .11) Unlawful Electioneering 12) Prohibition against dismissal of employees. or tenants 13) Appointment of special use of policemen. money deposited in trust. laborers. confidential agents or the like. 14) Illegal release of prisoners before and after election. facilities owned and controlled by the government for an election campaign. 15) Use of public funds. special agents.

16) Deadly weapons – within 100 meters 17) Carrying firearms outside residence or place of business 18) Use of armored land. water or air craft 19) Wearing of uniforms and bearing arms 20) Policemen and provincial guards acting as bodyguards and security guards 158 .

159 .B.: Good faith is not a defense. N.  Proof of criminal intent is not necessary. Election offenses are generally mala prohibita.

March 2. 1862. No. 1987)  See 43 RA 9369  Conduct preliminary investigation  Prosecute the same 160 . INVESTIGATION AND PROSECUTION  The COMELEC has exclusive jurisdiction to investigate and prosecute cases involving violation of election laws (Article IX-C Sec. 2(6)  But it may validly delegate the power to the Provincial Prosecutor (Reso.

JURISDICTION
Article 268
 RTC – Exclusive original
jurisdiction violation of
election law,
 MTC – Offense relating to
failure to register or vote.
 PRESCRIPTION -5 years from
date of commission. 161

PRESCRIPTIVE PERIOD FOR
ELECTION OFFENSES

Five (5) years from the
date of its commission.

162

New Pertinent COMELEC
Resolutions
 IN THE MATTER OF THE MEMBERS OF
THE BOARD OF ELECTION INSPECTORS
(BEIs) WHOSE REGISTRATION RECORDS
WERE INADVERTENTLY DEACTIVATED
 This activates the registration records of public
school teachers who were duly appointed to serve as
Board of Election Inspectors (BEIs) but whose
registration records were deactivated in connection
with the May 13, 2013 National and Local Elections.

163

 Final testing and sealing of PCOS machines. in connection with the May 13. IN THE MATTER OF DEFINING THE CHAIN OF CUSTODY AND RESPONSIBILITY OVER THE AES MACHINES AND THE SECURITY ASSISTANCE TO BE PROVIDED BY THE PNP AND THE AFP in the:  Deployment and retrieval of AES machines and accessories. ballot boxes.  Delivery and retrieval of official ballots. election documents and other paraphernalia. and  Voting and canvassing centers. 2013 synchronized national and local elections 164 .

THANK YOU! 165 .