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Election Law - Angel's Notes (Midterm Only)

Election Law - Angel's Notes (Midterm Only)

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Published by bea_villo

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Published by: bea_villo on Nov 21, 2012
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11/21/2012

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1
a n g e l ‘ s n o t e s
 election law discussion and cases
PART 1: ELECTION LAWINTRODUCTORY CONCEPTSRight to Vote
Q: what is the nature of this right?A: it is a constitutional right however is subject to restrictions. It is a personal right thus itcannot be assigned to other persons. It is considered the core of republicanism.Q: what is republicanism?A: It is a form of government where people rule through their representatives.Q: what form of government is republicanism?A: democracyQ: what is democracy?A: Democracy is a political form of government in which governing power is derived from thepeople, either by direct referendum or by means of elected representatives of the people.(Wikipedia)Q: how do you trace the evolution of democracy?A:
Case: Puno
’s
dissenting opinion: Tolentino vs. COMELEC 
Plato
 
 –
described it as rule of the masses (this is precisely where the danger lies, you will beruled by low quality who would dominate by mere numerical superiority)
Artistotle
 
 –
preferred the rule of the upper class than the lower class; democracy is notentirely bad for as long as its rule of many speaks of greatest refinement.
Rule of EnlightenmentMiddle
 
Ages
 
 –
came about the THEORY OF POPULAR SOVEREIGNTY (every individual isimportant and equal, no one enjoyed the moral right to govern another without the consentof the governed)
Material success became the engine which drove the people to search for solutions totheir social, political and economic problems
– 
THE INDIVIDUALS ARE RESPONSIBLE FORTHE SUCCESS OF EUROPE IN THE MIDDLE AGES
 
 
2
a n g e l ‘ s n o t e s
 election law discussion and cases
Social Contract Theory
 
 –
if someone has got to governed, he can only do so upon consent(
John Locke
)The way government gets the consent is through ELECTIONS.
Even then, Locke believed that the people should be governed by a parliament elected by citizens who owned property.
Q: what is the rationale behind
Locke’s belief 
?A: you have some property rights to protect
Thomas Jefferson
 
 –
If you want to protect government (democracy preservation or guardliberties), the people were the only competent guardians of their own liberties, and shouldthus control the government. (Thus they should be allowed to vote, even the ordinary votes)Q: what is the nature of right to vote? Is it given for your own sake?A:
Case: Puno
’s
dissenting opinion: Macalintal vs. COMELEC 
The people, in clothing a citizen with the elective franchise for the purpose of securing aconsistent and perpetual administration of the government they ordain, charge him with theperformance of a duty in the nature of a public trust, and in that respect constitute him arepresentative of the whole people. This duty requires that the privilege thus bestowed shouldbe exercised, not exclusively for the benefit of the citizen or class of citizens professing it, butin good faith and with an intelligent zeal for the general benefit and welfare of the State.As a privilege delegated by the people, a citizen acquires no indefeasible right to thecontinuous exercise or enjoyment of the right of suffrage
. “The people of the State, in the
exercise of their sovereign power, may disqualify, suspend or entirely withdraw it from anycitizen or class of them, providing always that representation of the people, the essential
characteristics of a republican government, be not disregarded or abandoned.”
 Note: Because it is a right that carries a duty, it can be subjected to restrictions to carry outsuch duty
RESTRICTIONS ON YOUR RIGHT TO VOTE [section 25, ICCPR)
1.
 
Age
 
 –
an act of choice and involves prescience (equate age with maturity); 18 years old
 
 
3
a n g e l ‘ s n o t e s
 election law discussion and cases
2.
 
Citizenship
 
 –
suffrage is a political right appertaining to citizenship; an individual is aparticle of 
popular sovereignty
, hence such right cannot be extended to non-citizens;ALLEGIANCE TO THE COUNTRY IS UNDIVIDED3.
 
Residence
 
 –
for more meaningful expression of sovereignty; voter must possess morethan a passing acquaintance with the problems and prospects of the country (doubleresidence requirement) have resided in the Philippines for at least one year and in theplace wherein they propose to vote, for at least six months immediately preceding theelection.
Does section 5 (d) of Rep. Act No. 9189 violate section 1, Article V of the 1987 Constitution?
In its ordinary conception
, residence
connotes the actual relationship of an individual to aspecific place. To be a resident, physical presence of a person in a given area, community orcountry is required
 Domicile
in turn has been defined as an individual's
permanent home
 
or “the place to which,
whenever absent for business or for pleasure, one intends to return, and depends on facts andcircumstances in the sense that they disclose intentElements:(1) the fact of residing or physical presence in a fixed place; and(2)
animus manendi
, or the intention of returning there permanently.
First residence
requirement refers to a persons domicile.
The second residence
requirement refers to either a persons temporary residence or domicile.
The second residence requirement is relevant for two purposes
: (1) the determination of the place where the voter will register, and (2) the determination of the place where the voterwill vote. It ought to be noted that as a general rule, a person should register and vote in theplace where he has established his domicile or the place where he has resided for six months.
(2)
Whether an “immigrant” or a “permanent resident” of a foreign country has lost
his domicile in the Philippines.
3 Classes of Domicile:
Domicile of origin
is acquired by every person at birth and continues until replaced by theacquisition of another domicile.
Domicile of choice
is a domicile chosen by a person to replace his or her former domicile.While intention is a principal feature of domicile of choice, a mere intention without the factof actual presence in the locality cannot bring about the acquisition of a new domicile.

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