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Election Laws Reviewer

Election Laws Reviewer

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Published by Allan Labad
Election Law
Election Law

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Categories:Types, Business/Law
Published by: Allan Labad on Nov 03, 2011
Copyright:Attribution Non-commercial

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11/27/2013

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Election Laws Reviewer
Definition:
Suffrage
 –
the right and obligation of qualified citizens to vote in the election of certainnational and local of the government and in the decisions of public questions submittedto the people. It includes within its scope: election, plebiscite, initiative, referendum andrecall.
Election
 –
the means by which the people choose their officials for a definite and fixedperiod and to whom they entrust for the time being as their representatives the exerciseof the powers of the government, It involves the choice of selection of candidates topublic office by popular vote.
Plebiscite
 –
a vote of the people expressing their choice for against a proposed law orenactment submitted to them. An election at which any proposed amendment to orrevision of the Constitution is submitted to the people for their ratification. A constitutional requirement o secure the approval of the people directly affected, beforecertain proposed changes affecting local governments units may be implemented.
Initiative
 –
it is the process by which the registered voters directly propose, amendlaws, national or local, though an election called for the propose. Amendments to theConstitution may likewise be directly proposed by the people though initiative.
Referendum
- it is at he submission of a law pass by the national or local legislativebody to the registered voters of an election called for the purpose for their ratification orrejection.
Recall
- it is a method by which a public officer may be removed from office during histenure or before the expiration of his term by a vote of the people after registration of apetition singed by a required percentage of the qualified voters.Since the right of suffrage is a political and not a natural right, it is within the power of the state prescribe the manner in which such right shall be exercised. Congress ismandated by the Constitution (Sec.2, Art. V):To provide a system for securing the secrecy and sanctity of the ballot, and for absenteevoting by qualified Filipinos abroad, andTo design a procedure for the disabled and the illiterate to vote without the assistanceof other persons.
THE COMMISSION ON ELECTIONS
Composition, Qualifications, Appointment,Term of Office
 
The COMELEC is composed of a chairman and six (6) Commission, The Chairman andthe Members of the Commission shall be:
• natural
-born citizens of the Philippines
• at least thirty
-five years of age
• holders of a college degree
 
• must not have been candidates for any elective
position in the immediately precedingelection
• majority thereof, including the Chairman shall be members of the Philippines Bar who
have been engaged in the practice of law for at least 10 years (reason: COMELECexercises quasi-judicial powers)The Chairman and Members are appointed by the president with the consent of thecommission on Appointment for the term seven (7) years without reappointment on astaggered basis to make the COMELEC a continuing and self-perpetuating body.Consequently, its members would have the benefit of the experience and expertise of the order members of the performance of its functions, and makes for greaterresponsibility for its policies and decisions and serve as guarantee against arbitraryaction which is likely to occur in a body handling partisans questions. A member appointment and designations in temporary or acting capacity are notallowed to preserve its independence.Disabilities, inhibitions\disqualifications1. Shall not, during tenure, hold any other office or employment2. Shall not engage in the practice of profession3. Shall not engage in active management or control of any business which in any aymay be affected by the functions of his office4. Shall not be financially interested, directly or indirectly, in any contract with, or in anyfranchise or privilege granted by the Government, any of its subdivisions, agencies orinstrumentalities, including GOCC s or their subsidiaries.Safeguards to insure the independence of the COMELECIt is constitutionally created; may not be abolished by statute
It is expressly described as ―independent‖ 
 It is conferred with certain powers and functions which cannot be reduced by statute.
 
 The chairman and members cannot be removed except by impeachment.The chairman and members are given fairly long term of office of seven years.The chairman and members may not be reappointed or appointed in an acting capacity.The salaries of the chairman and members are relatively high and may not be decreasedduring continuance in office.The COMELEC enjoy fiscal autonomy.The COMELEC may promulgate its own procedural rules, provided they do not diminish,increase or modify substantive rights (though subject to disapproval by the SupremeCourt)The Chairman and Members are subject to certain disqualifications calculated tostrengthen their integrity.The COMELEC may appoint their own officials and employees in accordance with CivilService Laws.En Banc & Division Cases
SEC 3, ART IX-
C “The COMELEC
may sit en banc or in two divisions, and shallpromulgate its rules of procedure in order to expedite disposition of election cases,including pre-proclamation controversies. All such election cases shall be heard anddecided in division, provided that motions for reconsideration of decision shall be
decided by COMELEC en banc‖ 
 The Supreme Court set aside the resolutions/decisions of the COMELEC because dtheCOMELEC en banc tokk original cognizance of the cases without referring them first tothe appropriate Division (Sarmiento vs. COMELEC 212 SCRA 307; Zarate vs COMELEC,318 SCRA 608)Interlocutory orders issued by a division of the COMELEC cannot be elevated to theCOMELEC en banc. (Kho vs. COMELEC, 279 SCRA 463)The following cases must be decided in Division before they may be heard en bnc onmotion for reconsideration:
• Petition to cancel a certificate of candidacy. (Garvida vs. Sales, 271 SCRA 764)
 
• Cases appealed from the RTC or MTC (Zarate vs. COMELEC,318 SCRA 608)
 
• Petition for certiorari involving incidental iss
ues of election protest.(Soller vs.COMELEC,339 SCRA 685)

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