ELECTION LAW

REVIEWER By: MARK NINO DE ASIS

rho_upsilon15@yahoo.com
Prof. Javier

Art. 2 Sec. 1 of 1987 Constitution – THEORY OF POPULAR SOVEREIGNTY - the

theory that government is created by and subject to the will of the people , who are the
source of all political power. It is the notion that no law or rule is legitimate unless it
rests directly or indirectly on the consent of the individuals.

Art. 2 Sec. 1 of 1987 Constitution:

The Philippines is a democratic and republican state. Sovereignty resides in the people
and all government authority emanates from them.

The people at large represent the sovereign power of the state. Sovereignty is exercise by
the electorate and those person chosen by them, directly or indirectly, the elective and
appointive officials. Actual Sovereignty is exercised by the people by means of suffrage.

SOVEREIGNTY- is the supreme power inherent in a state by which a state is governed.

REPUBLICAN STATE – is one which derives all its powers directly or indirectly from
the great body of people and is administered by persons holding their offices for a limited
period.

REPUBLIC – is a representative government. The essence of republican government is

“popular representation” and ultimate control by the people.

Metran vs Paredes – The SC declared that a republican state is a government of the

people , by the people and for the people.

SUFFRAGE - is the right and obligation of qualified citizen to vote in the election of
national and local officers of the government and in the decision of public questions
submitted to the people.

The right of suffrage is the right to vote . It is a right because it is the expression of the
sovereign will of the people. It is an attribute of sovereignty which resides in the people
and entitles them to have a direct participation in the government.

ELECTION LAW
REVIEWER By: MARK NINO DE ASIS
rho_upsilon15@yahoo.com
Prof. Javier
ELECTION LAW
REVIEWER By: MARK NINO DE ASIS
rho_upsilon15@yahoo.com
Prof. Javier

Scope of SUFFRAGE ;

ELECTION – it is the means by which the people choose their officials for a definite and
fixed periods. It involves the choice or selection of candidates to public office by popular
vote; ex; listing of votes, holding of electoral campaign, the act of casting and receiving
the ballots from the voters, counting them , making election returns and proclaiming the
winning candidates.

PLEBISCITE –is the electoral process by which an initiative on the Constitution is

approved or rejected by the people.

REFERENDUM – is the power of the electorate to approve or reject a legislation through

an election called for the purpose. {Sec 2c , R.A. 6735}

A} Referendum on Statutes – refers to a petition to approve or reject an act or law, or part

thereof, passed by Congress.
B} Referendum on local law - refers to a petition to approve or reject a law, resolution or
ordinance enacted by regional assemblies and local legislative bodies.

INITIATIVE - is the power of the people to propose amendments to the Constitution or

to propose and enact legislation through an election called for the purpose. { Sec 2a,
R.A. 6735}

3 Systems of Initiative

a. Initiative on Constitution – refers to a petition proposing amendments to the

Constitution.
b. Initiative on Statutes – refers to a petition proposing to enact a national legislation
c. Initiative on Local Legislation – refers to a petition proposing to enact a
regional , provincial, city, municipal or barangay law, resolution or ordinance.

ELECTION LAW
REVIEWER By: MARK NINO DE ASIS
rho_upsilon15@yahoo.com
Prof. Javier
ELECTION LAW
REVIEWER By: MARK NINO DE ASIS
rho_upsilon15@yahoo.com
Prof. Javier

SANTIAGO VS COMELEC G.R. No. 127325 – March 19 ,1999

FACTS: Private respondent Delfin filed a petition to amend the Constitution to extend
the term limits of all government officials by people’s 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 people’s initiative is sufficient
to amend the Constitution?

HELD;: The SC ruled in the negative. The law intended to provide mechanism for
people’s initiative is not sufficient. There is no sufficient enabling law to amend the
Constitution by means of people’s initiative. RA 6735 is sufficient only for statutory
amendments and not on constitutional amendments.

Requirements for the exercise of Suffrage

ARTICLE 5 Sec. 1 , 1987 Constitution

SUFFRAGE

Section 1. Suffrage may be exercised by all citizens of the Philippines, not otherwise
disqualified by law, who are at least eighteen years of age, and who shall have resided in
the Philippines for at least one year and in the place wherein they propose to vote, for at
least six months immediately preceding the election. No literacy, property, or other
substantive requirement shall be imposed on the exercise of suffrage.

a. Filipino citizenship – may be by naturalization or by birth

b. Age – at least 18 years of age
c. Residence – resident of the Phils. for at least 1 year.
- resident of the place where he proposes to vote for at least 6 months.

ELECTION LAW
REVIEWER By: MARK NINO DE ASIS
rho_upsilon15@yahoo.com
Prof. Javier
ELECTION LAW
REVIEWER By: MARK NINO DE ASIS
rho_upsilon15@yahoo.com
Prof. Javier

ROMUALDEZ-MARCOS VS COMELEC and Cirilo Montejo 248 SCRA 300

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 acancellation 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 Constitution’s 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.

The domicile of natural persons is the place of their habitual residence for the existence
of civil rights and the fulfillment of civil obligations.– Art . 50 CC

d. Literacy requirements – illiterates have the right to vote

e. Property requirements – the supreme law of the land does not impose any
property requirement because this is inconsistent with the principle of social
justice and equal opportunity
f. Formal education – is no guarantee for intelligent voting
g. Sex – women must not be deprived of equal voting rights
h. Taxpaying ability – related to property requirement. Congress cannot deny to an
individual the right to vote on the ground that he is exempted from taxation or is
not liable to pay tax.
ELECTION LAW
REVIEWER By: MARK NINO DE ASIS
rho_upsilon15@yahoo.com
Prof. Javier

Taxpaying ability – related to property requirement.

AQUINO VS COMELEC 248 SCRA 400

FACTS: Petitioner filed COC to the New 2nd legislative ditrict 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 the
said 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 suspended
the 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 that
the 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 of certiorari in the SC.

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.

ELECTION LAW
REVIEWER By: MARK NINO DE ASIS
rho_upsilon15@yahoo.com
Prof. Javier

Disqualification;

a. person convicted by final judgment to suffer imprisonment for not less than 1 year
, unless pardoned or granted amnesty; but right reacquired upon expiration of 5
years after service of sentence.
b. Person adjudged by final judgment of having committed any crime involving
disloyalty to government or any crime against national security; but right
reacquired upon expiration of 5 years after service of sentence.
c. Insane or incompetent persons as declared by competent authority.

PURPOSE OF COMELEC

To protect the sanctity of ballot and to ensure the free and honest express of the popular
will.

COMPOSITION

The COMELEC is composed of;

1 Chairman – and – 6 Commissioners

QUALIFICATIONS:

a. Natural born citizen , b. at least 35 years old, c. holders of a college degree

d. Must not have been candidates for any elective position in the immediately preceding
elections

e. Majority of the members, including the chairman, should be members of the bar who
have been engaged in the practice of law for at least 10 years.

ELECTION LAW
REVIEWER By: MARK NINO DE ASIS
rho_upsilon15@yahoo.com
Prof. Javier

ELECTION LAW
REVIEWER By: MARK NINO DE ASIS
rho_upsilon15@yahoo.com
Prof. Javier

POWERS AND FUNCTIONS

What is the nature and extent of the powers of the COMELEC?

The COMELEC as an administrative body is possessed both quasi-judicial and quasi-

legislative powers aside from the main function assigned to it by the Constitution which
is “to enforce and administer all laws and regulations relative to the conduct pf election,
plebiscite , initiative, referendum and recall.{ART. 9 –C , Sec. 2 {1} 1987 Constitution}

QUASI-JUDICIAL POWERS

The COMELEC has;

EXCLUSIVE ORIGINAL JURISDICTION over all contests relating to the election,

election returns and qualifications of all elective , provincial and city officials.

EXCLUSIVE APPELLATE JURISDICTION over all contests involving municipal

officials decided by RTC , or involving elective barangay officials decided by MTC.

In these cases , the decisions shall be final , executory and unappealable.

The COMELEC has the power ; pursuant to its quasi-judicial powers;

-To issue subpoena

-To issue warrants of arrest

-To take testimony

-Of contempt – however, this may be exercised only in the exercise of its quasi-judicial
functions.

---COMELEC has no power to hold a person in contempt in the exercise of its

administrative functions.

-of mandamus, certiorari and prohibition ONLY in the exercise of its appellate
jurisdiction.—CUMBA CASE

ELECTION LAW
REVIEWER By: MARK NINO DE ASIS
rho_upsilon15@yahoo.com
Prof. Javier