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Election.notes

Election.notes

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Published by: Jackie Lou Aberas-Calayag on Oct 12, 2010
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I.General Principles (Constitutional Provisions)a.Art. II, Sec. 1. The Philippines is a democratic and republican State. Sovereignt resides in the people and all government authorit emanates !rom them.  A democratic and republican government derives all its po"ers, directl or indirectl, !rom the people at large. Its essence is indirect rule. Actual sovereignt is e#ercised b the people b means o! su!!rage.$epublican State % is a state "herein all government authorit emanates !rom the people and is e#ercised b representatives chosen b people. Aspects o! &irect democrac % initiative and re!erendum (Art 'I, Sec  and Art *'II Sec )State is a corporate entit+ government is the institution through "hich the state e#ercises po"er+ administration consists o! the set o! people currentl running the institution. b.Art *I, Sec 1. Public o!!ice is a public trust. Public o!!icers and emploees must, at all times, be accountable to the people, serve them "ith utmost responsibilit, integrit, loalt, and e!!icienc+ act "ith patriotism and ustice, and lead modest lives. Public o!!ice is public trust % the basic idea o! the government in the Phil is that o! a representative government, the o!!icers being mere agents and not rulers o! the people, one "here no one man or set o! men has a propriet or contractual right to an o!!ice, but "here ever o!!icer accepts o!!ice pursuant to the provisions o! la" and holds o!!ice as a trust !or the people "hom he represents.c.i. Article II % &eclaration o! State PoliciesSec. 1. The Philippines is a democratic and republican State. Sovereignt resides in the people and all government authorit emanates !rom them.Sec. 1. The State recogni-es the vital role o! the outh in nationbuilding and shall promote and protect their phsical, moral, spiritual, intellectual, and social "ellbeing. It shall inculcate in the outh patriotism and nationalism, and encourage their involvement in public and civic a!!airs. /elp the outh vote "isel b the time the are eligible to vote.Sec. . The State shall encourage nongovernmental, communitbased, or sectoral organi-ations that promote the "el!are o! the nation. As0 not "hat our countr can do !or ou but "hat ou can do !or our countr.Sec . The State shall guarantee e2ual access to opportunities !or public service and prohibit political dnasties as ma be de!ined b la". Purpose is to give substance to the desire !or the e2uali-ation o! political opportunities. &e!inition o! political dnast is le!t to the legislature (no such la" to date)i.Article III % 3ill o! $ightsSec 4. 5o la" shall be passed abridging the !reedom o! speech, o! e#pression, or o! the press, or the right o! the people peaceabl to assemble and petition the government !or redress o! grievances.5o suppression on political ads but onl a regulation o! the time and manner o! advertising. Contentneutral restriction not contentbased.Sec. 6. 5o la" shall be made respecting an establishment o! religion, or prohibiting the !ree e#ercise thereo!. The !ree e#ercise and enoment o! religious pro!ession and "orship, "ithout discrimination or pre!erence, shall !orever be allo"ed. 5o religious test shall be re2uired !or the e#ercise o! civil or political rights.Sec. 7. The right o! the people, including those emploed in the public and private sectors, to !orm unions, associations, or societies !or purposes not contrar to la" shall not be abridged.Sec. 1. All persons shall have the right to a speed disposition o! their cases be!ore all udicial, 2uasiudicial, or administrative bodies. Sec. 17. (1) 5o person shall be detained solel b reason o! his political belie!s and aspirations. ()5o involuntar servitude in an !orm shall e#ist e#cept as a punishment !or a crime "hereo! the part shall have been dul convicted.ii.Article I*  Constitutional Commissions1.Article I*A Common ProvisionsSec. 1. The Constitutional Commissions, "hich shall be independent, are the Civil Service Commission, the Commission on 8lections, and the Commission on Audit. Sec. . 5o member o! a Constitutional Commission shall, during his tenure, hold an other o!!ice or emploment. 5either shall he engage in the practice o! an pro!ession or in the active management or control o! an business "hich, in an "a, ma be a!!ected b the !unctions o! his o!!ice, nor shall he be !inanciall interested, directl or indirectl, in an contract "ith, or in an !ranchise or privilege granted b the Government, an o! its subdivisions, agencies, or instrumentalities, including governmento"ned or controlled corporations or their subsidiaries. Sec . The salar o! the Chairman and the Commissioners shall be !i#ed b la" and shall not be decreased during their tenure. Sec 4. The Constitutional Commissions shall appoint their o!!icials and emploees in accordance "ith la". Sec 6. The Commission shall eno !iscal autonom. Their approved annual appropriations shall be automaticalland regularl released.Sec . 8ach Commission en banc ma promulgate its o"n rules concerning pleadings and practice be!ore it or be!ore an o! its o!!ices. Such rules, ho"ever, shall not diminish, increase, or modi! substantive rights.Sec 9. 8ach Commission shall decide b a maorit vote o! all its :embers, an case or matter brought be!ore it "ithin si#t das !rom the date o! its submission !or decision or resolution. A case or matter is deemed submitted !or decision or resolution upon the !iling o! the last pleading, brie!, or memorandum re2uired b the rules o! the Commission or b the Commission itsel!. ;nless other"ise provided b this Constitution or b la", an decision, order, or ruling o! each Commission ma be brought to the Supreme Court on certiorari b the aggrieved part "ithin thirt das !rom receipt o! a cop thereo!.
 
Sec 7. 8ach Commission shall per!orm such other !unctions as ma be provided b la"..Art I* 3 % The Civil Service Commission, Sec. . (1) The civil service embraces all branches, subdivisions, instrumentalities, and agencies o! the Government, including governmento"ned or controlled corporations "ith original charters.()Appointments in the civil service shall be made onlaccording to merit and !itness to be determined, as !ar as practicable, and, e#cept to positions "hich are policdetermining, primaril con!idential, or highltechnical, b competitive e#amination.()5o o!!icer or emploee o! the civil service shall be removed or suspended e#cept !or cause provided b la".(4)5o o!!icer or emploee in the civil service shall engage, directl or indirectl, in an electioneering or partisan political campaign.(6)The right to sel!organi-ation shall not be denied to government emploees.()Temporar emploees o! the Government shall be given such protection as ma be provided b la".Sec. . 5o candidate "ho has lost in an election shall, "ithin one ear a!ter such election, be appointed to an o!!ice in the Government or anGovernmento"ned or controlled corporations or in an o! their subsidiaries. Sec. 9. 5o elective o!!icial shall be eligible !or appointment or designation in an capacit to an public o!!ice or position during his tenure.iii.Art. I*C % Commission on 8lectionsSec. 1. (1) There shall be a Commission on 8lections composed o! a Chairman and si# Commissioners "ho shall be naturalborn citi-ens o! the Philippines and, at the time o! their appointment, at least thirt!ive ears o! age, holders o! a college degree, and must not have been candidates !or an elective positions in the immediatel preceding elections. /o"ever, a maorit thereo!, including the Chairman, shall be members o! the Philippine 3ar "ho have been engaged in the practice o! la" !or at least ten ears.()The Chairman and the Commissioners shall be appointed b the President "ith the consent o! the Commission on Appointments !or a term o! seven ears "ithout reappointment. <! those !irst appointed, three :embers shall hold o!!ice !or seven ears, t"o :embers !or !ive ears, and the last :embers !or three ears, "ithout reappointment. Appointment to an vacanc shall be onl !or the une#pired term o! the predecessor. In no case shall an :ember be appointed or designated in a temporar or acting capacit.Sec. . The Commission on 8lections shall e#ercise the !ollo"ing po"ers and !unctions= (1)8n!orce and administer all la"s and regulations relative to the conduct o! an election, plebiscite, initiative, re!erendum, and recall. ()8#ercise e#clusive original urisdiction over all contests relating to the elections, returns, and 2uali!ications o! all elective regional, provincial, and cit o!!icials, and appellate  urisdiction over all contests involving elective municipal o!!icials decided b trial courts o! general urisdiction, or involving elective baranga o!!icials decided b trial courts o! limited urisdiction.&ecisions, !inal orders, or rulings o! the Commission on election contests involving elective municipal and baranga o!!ices shall be !inal, e#ecutor, and not appealable. ()&ecide, e#cept those involving the right to vote, all 2uestions a!!ecting elections, including determination o! the number and location o! polling places, appointment o! election o!!icials and inspectors, and registration o! voters. (4)&eputi-e, "ith the concurrence o! the President, la" en!orcement agencies and instrumentalities o! the Government, including the Armed >orces o! the Philippines, !or the e#clusive purpose o! ensuring !ree, orderl, honest, peace!ul, and credible elections. (6)$egister, a!ter su!!icient publication, political parties, organi-ations, or coalitions "hich, in addition to other re2uirements, must present their plat!orm or program o! government+ and accredit citi-ens? arms o! the Commission on 8lections. $eligious denominations and sects shall not be registered. Those "hich see0 to achieve their goals through violence or unla"!ul means, or re!use to uphold and adhere to this Constitution, or "hich are supported b an !oreign government shall li0e"ise be re!used registration.>inancial contributions !rom !oreign governments and their agencies to political parties, organi-ations, coalitions, or candidates related to elections, constitute inter!erence in national a!!airs, and, "hen accepted, shall be an additional ground !or the cancellation o! their registration "ith the Commission, in addition to other penalties that ma be prescribed b la". ()>ile, upon a veri!ied complaint, or on its o"n initiative, petitions in court !or inclusion or e#clusion o! voters+ investigate and, "here appropriate, prosecute cases o! violations o! election la"s, including acts or omissions constituting election !rauds, o!!enses, and malpractices. (9)$ecommend to the Congress e!!ective measures to minimi-e election spending, including limitation o! places "here propaganda materials shall be posted, and to prevent and penali-e all !orms o! election !rauds, o!!enses, malpractices, and nuisance candidacies. (7)$ecommend to the President the removal o! an o!!icer or emploee it has deputi-ed, or the imposition o! an other disciplinar action, !or violation or disregard o!, or disobedience to, its directive, order, or decision. (@)Submit to the President and the Congress, a comprehensive report on the conduct o! each election, plebiscite, initiative, re!erendum, or recall.Sec. . The Commission on 8lections ma sit en banc or in t"o divisions, and shall promulgate its rules o! procedure in order to e#pedite disposition o! election cases, including pre proclamation controversies. All such election cases shall be heard and decided in division, provided that motions !or reconsideration o! decisions shall be decided b the Commission en banc. Sec. 4. The Commission ma, during the election period, supervise or regulate the enoment or utili-ation o! all !ranchises or permits !or the operation o! transportation and other public utilities, media o! communication or in!ormation, all grants, special privileges, or concessions granted b the Government or an subdivision, agenc, or instrumentalit thereo!, including an governmento"ned or controlled corporation or its subsidiar. Such supervision or regulation shall aim to ensure e2ual opportunit, and e2ual rates there!or, !or public in!ormation campaigns and !orums among candidates in connection "ith the obective o! holding !ree, orderl, honest, peace!ul, and credible elections. Sec. 6. 5o pardon, amnest, parole, or suspension o! sentence !or violation o! election la"s, rules, and regulations shall be granted b the President "ithout the !avorable recommendation o! the Commission.
 
Sec. . A !ree and open part sstem shall be allo"ed to evolve according to the !ree choice o! the people, subect to the provisions o! this Article. Sec. 9. 5o votes cast in !avor o! a political part, organi-ation, or coalition shall be valid, e#cept !or those registered under the partlist sstem as provided in this Constitution. Sec. 7. Political parties, or organi-ations or coalitions registered under the partlist sstem, shall not be represented in the voters? registration boards, boards o! election inspectors, boards o! canvassers, or other similar bodies. /o"ever, theshall be entitled to appoint poll "atchers in accordance "ith la". Sec. @. ;nless other"ise !i#ed b the Commission in special cases, the election period shall commence ninet das be!ore the da o! election and shall end thirt das therea!ter. Sec. 1. 3ona !ide candidates !or an public o!!ice shall be !ree !rom an !orm o! harassment and discrimination. Sec. 11. >unds certi!ied b the Commission as necessar to de!ra the e#penses !or holding regular and special elections, plebiscites, initiatives, re!erenda, and recalls, shall be provided in the regular or special appropriations and, once approved, shall be released automaticall upon certi!ication b the Chairman o! the Commission.iv.Article * % Bocal Government1.G858$AB P$<'ISI<5SSec. 1. The territorial and political subdivisions o! the $epublic o! the Philippines are the provinces, cities, municipalities, and barangas. There shall be autonomous regions in :uslim :indanao and the Cordilleras as hereina!ter provided. Sec. . The territorial and political subdivisions shall eno local autonom. Sec. . The Congress shall enact a local government code "hich shall provide !or a more responsive and accountable local government structure instituted through a sstem o! decentrali-ation "ith e!!ective mechanisms o! recall, initiative, and re!erendum, allocate among the di!!erent local government units their po"ers, responsibilities, and resources, and provide !or the 2uali!ications, election, appointment and removal, term, salaries, po"ers and !unctions and duties o! local o!!icials, and all other matters relating to the organi-ation and operation o! the local units. Sec. 4. The President o! the Philippines shall e#ercise general supervision over local governments. Provinces "ith respect to component cities and municipalities, and cities and municipalities "ith respect to component barangas, shall ensure that the acts o! their component units are "ithin the scope o! their prescribed po"ers and !unctions. Sec. 6. 8ach local government unit shall have the po"er to create its o"n sources o! revenues and to lev ta#es, !ees and charges subect to such guidelines and limitations as the Congress ma provide, consistent "ith the basic polic o! local autonom. Such ta#es, !ees, and charges shall accrue e#clusivel to the local governments. Sec. . Bocal government units shall have a ust share, as determined b la", in the national ta#es "hich shall be automaticall released to them. Sec. 9. Bocal governments shall be entitled to an e2uitable share in the proceeds o! the utili-ation and development o! the national "ealth "ithin their respective areas, in the manner provided b la", including sharing the same "ith the inhabitants b "a o! direct bene!its. Sec. 7. The term o! o!!ice o! elective local o!!icials, e#cept baranga o!!icials, "hich shall be determined b la", shall be three ears and no such o!!icial shall serve !or more than three consecutive terms. 'oluntar renunciation o! the o!!ice !or an length o! time shall not be considered as an interruption in the continuit o! his service !or the !ull term !or "hich he "as elected. Sec. @. Begislative bodies o! local governments shall have sectoral representation as ma be prescribed b la". Sec. 1. 5o province, cit, municipalit, or baranga ma be created, divided, merged, abolished, or its boundar substantiall altered, e#cept in accordance "ith the criteria established in the local government code and subect to approval b a maorit o! the votes cast in a plebiscite in the political units directl a!!ected. Sec. 11. The Congress ma, b la", create special metropolitan political subdivisions, subect to a plebiscite as set !orth in Section 1 hereo!. The component cities and municipalities shall retain their basic autonom and shall be entitled to their o"n local e#ecutive and legislative assemblies. The urisdiction o! the metropolitan authorit that "ill thereb be created shall be limited to basic services re2uiring coordination. Sec. 1. Cities that are highl urbani-ed, as determined b la", and component cities "hose charters prohibit their voters !rom voting !or provincial elective o!!icials, shall be independent o! the province. The voters o! component cities "ithin a province, "hose charters contain no such prohibition, shall not be deprived o! their right to vote !or elective provincial o!!icials. Sec. 1. Bocal government units magroup themselves, consolidate or coordinate their e!!orts, services, and resources !or purposes commonl bene!icial to them in accordance "ith la". Sec. 14. The President shall provide !or regional development councils or other similar bodies composed o! local government o!!icials, regional heads o! departments and other government o!!ices, and representatives !rom nongovernmental organi-ations "ithin the regions !or purposes o! administrative decentrali-ation to strengthen the autonom o! the units therein and to accelerate the economic and social gro"th and development o! the units in the region..A;T<5<:<;S $8GI<5SSec. 16. There shall be created autonomous regions in :uslim :indanao and in the Cordilleras consisting o! provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics "ithin the !rame"or0 o! this Constitution and the national sovereignt as "ell as territorial integrit o! the $epublic o! the Philippines. Sec. 1. The President shall e#ercise general supervision over autonomous regions to ensure that la"s are !aith!ull e#ecuted. Sec. 19. All po"ers, !unctions, and responsibilities not granted b this Constitution or b la" to the autonomous regions shall be vested in the 5ational Government. Sec. 17. The Congress shall enact an organic act !or each autonomous region "ith the assistance and participation o! the regional consultative commission composed o! representatives appointed b the President !rom a list o! nominees !rom multisectoral bodies. The organic act shall de!ine the basic structure

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