Election Embodiment of the popular will, the expression of the sovereign power of the people.

. Components Choice or selection of candidates to public office by popular vote Conduct of the polls Listing of votes Holding of Electoral campaign Act of casting and receiving the ballots from the voters Counting the ballots Ma ing the election returns !roclaiming the winning candidates

Regular election " refers to an election participated in by those who possess the right of suffrage and not dis#ualified by law and who are registered voters Special election " is when there is failure of election on the scheduled date of regular election in a particular place or which is conducted to fill up certain vacancies, as provided by law Political Parties Definition (Omnibus Election Code) An organi$ed group of persons pursuing the same ideology, political ideas or platforms of government including its branches and divisions. Types of Political Parties %& Registered Parties: a. 'ominant Ma(ority !arty " usually the administration party) entitled to a copy of election return b. 'ominant Minority !arty " entitled to a copy of election return c. Ma(ority !olitical !arty d. *op + !olitical !arties " entitled to appoint principal watcher and a copy of the certificate of canvass e. ,ottom + political parties " entitled to appoint principal watcher -& Non-registered parties Criteria to Determine the Type of Political Party a. b. c. d. e. Established .ecord of the said parties, showing in past elections /umber of 0ncumbent Elective 1fficials 0dentifiable political organi$ations and strengths Ability to fill a complete slate of candidates 1ther analogous circumstances

Grounds for Challenging the oter a. 0llegal voters 2 /ot .egistered 3 4sing the name of another 3 dis#ualified & b. ,ased on certain illegal acts 25ote buying&

!c"uisition of #uridical Personality

0t is ac#uired upon registration with the C1MELEC. $orfeiture of Status as a Registered Political Party *he status shall be deemed forfeited if the political party, singly or in coalition with others, fails to obtain at least 10% of the votes cast in the constituency in which it nominated and supported a candidate3s in the election next following its registration. *here shall be notice and hearing. Candidates Rules on filing of certificates of candidacy %. /o person shall be elected into public office unless he files his certificate of candidacy within the prescribed period -. /o person shall be eligible for more than one office. 0f he3she files for more than one position, he shall not be eligible for all unless he cancels all and retains one +. *he certificate of candidacy shall be filed by the candidate personally or by his duly authori$ed representative. 6. 4pon filing, an individual becomes a candidate, he is already covered by rules, restrictions and processes involving candidates. Grounds for dis"ualification %. Election offenses under 7ec 89 of the 1mnibus Election Code 21EC& -. /ot possessing #ualifications and possessing dis#ualifications under the Local :overnment Code -.% 7entenced by final (udgment for an offense involving moral turpitude or for an offense punishable by one year or more of imprisonment within two years after serving sentence -.- .emoved from office as a result of an administrative case -.+ Convicted by final (udgment for violating the oath of allegiance to the .epublic -.6 'ual citi$enship 2 more specifically, dual allegiance& -.; <ugitives from (ustice in criminal or non=political cases here or abroad -.8 !ermanent residents in a foreign country or those who have ac#uired the right to reside abroad and continue to avail of the same right -.> 0nsane or feeble=minded +. /uisance candidate 6. 5iolation of sec >+ of 1EC with regard to certificate of candidacy ;. 5iolation of sec >9 which is material misrepresentation of re#ts under sec. >6 ? Disqualifications (from continuing as a candidate or from holding the office if already elected : Any candidate, who in an action or protest in which he is a party is declared by final decision of a competent court guilty of, or is found by the Commission of having@ A. :iven money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions. ,. Committed acts of terrorism to enhance his candidacy C. 7pent in his election campaign an amount in excess of that allowed by the 1mnibus Election Code & '. 7olicited, received or made any contribution prohibited under this Code E. 5iolated any of the following sections@ 7ection 9A, 9+, 9;,98,-8%

<. !ermanent resident of or an immigrant to a foreign country shall not be #ualified to run for any elective office 4/LE77 he3she has waived his3her status as a permanent resident3immigrant of a foreign country in accordance with the residence re#uirement provided for under election laws. Effect of a Dis"ualification case (under R! %%&%) A. Any candidate who has been declared by final (udgment to be dis#ualified shall /1* be voted for. *he votes cast in his favor shall not be counted. ,. 0f the candidate is not dis#ualified by final (udgment before the election and receives the highest number of votes in the election, the court or C1MELEC will continue with the trial and hearing of the action, in#uiry or protest. 4pon motion of the complainant or intervenor, the court or C1MELEC may order the suspension of the proclamation of the candidate whenever the evidence of his guilt is strong. 'uisance candidates A. *he term refers to candidates who have no bona fide intention to run for the office for which the certificate of candidacy has been filed and would thus prevent a faithful determination of the true will of the people. ,. !ower of C1MELEC %. May refuse to give due course to or cancel a certificate of candidacy of a nuisance candidate. *his can be done motu proprio or upon verified petition of an interested party. -.*here should be a showing that@ A. Certificate of candidacy has been filed to put the election process in moc ery3disrepute or ,. *o cause confusion among the voters by the similarity of the names of the registered candidates C. 1ther circumstances which clearly demonstrate that the candidate has no bona fide intention to run for the officeB. Petition to deny due course to or to cancel a certificate of candidacy A. Exclusive ground@ A material representation in the certificate of candidacy is false. ,. *he petition should be filed not later than -; days from the filing of the certificate of candidacy. C. 0t should be decided not later than %; days before the election, after due notice and hearing. Election Campaign(Partisan Political !cti)ity Definition %& 0t refers to an act designed to promote the election or defeat of a particular candidate3s to a public office -& 0t includes@ A. <orming organi$ations, associations, clubs, committees or other groups of persons for the purpose of soliciting votes and3or underta ing any campaign for or against a candidate. ,. Holding political caucuses, conferences, meetings, rallies, parades or other similar assemblies for the purpose of soliciting votes and3or underta ing any campaign or propaganda for or against a candidate. C. Ma ing speeches, announcements or commentaries or holding interviews for or against the election of any candidate for public office. '. !ublishing or distributing campaign literature or materials designed to support or oppose the election of any candidate.

E. 'irectly or indirectly soliciting votes, pledges or support for or against a candidate. +& Chen the acts enumerated above are /1* considered an election campaign3partisan political activity 0f the acts are performed for the purpose of enhancing the chances of aspirants for nomination for candidacy to a public office by a political party, aggroupment, or coalition of parties. R! *++% , $!-R E.ECT-O' !CT -mportant $eatures/ %& .epeal of 7ec. 8> of the 1EC " /ow, any ELEC*05E official, whether national or local, running for any office other than the one which he is holding in a permanent capacity shall not be considered ipso facto resigned from his office upon the filing of his certificate of candidacy. -& Lifting of the !olitical Ad ,an " Critten and !rinted Materials 29.;D C x %6LD& Letters !osters 2-E x +E& in common=private poster areas 2 not more than %A public places per political party or independent candidate, %-E %8E&, private places and public places .ally streamers 2+E x 9E& /1* M1.E *HA/ !aid Advertisements at 'iscounted .ates !rint @ %36th page in broadsheet and F page in tabloid +x a wee *elevision@ %-A minutes for candidate for nationally elective office and 8A for local .adio@ %9A minutes for candidate for nationally elective office and GA for local C1MELEC free space 2+ national newspaper for nationally elective officials and % national newspaper for local& and airtime 2+ national television networ s for nationally elective officials and % station for local & @ e#ual allocation for all candidates for + calendar days

!uthori0ed E1penses 2 multiplied with the total number of registered voters & ! %A for president 3 vice president ! + for other candidates for every voter currently registered in the constituency ! ; for independent candidates and political parties oters 2ualifications Age@ %9 years old and over. .esidence %. He 3she should have resided in the !hilippines for one year and -. .esided in the city3municipality wherein he proposes to vote for at least 8 months immediately preceding the election. Residence Re"uirement 0f the transfer of residence is due to any of the following reasons, the person concerned will be deemed /1* to have lost his original residence@

A. *ransfer solely because of occupation, profession, employment in private or public service ,. Educational activities C. Cor in military or naval reservations '. 7ervice in the army, navy or air force, national police force E. Confinement3detention in government institutions in accordance with law. 3 R! 454* , OTER6S REG-STR!T-O' !CT O$ 5**% Q: Can there still be general registration of voters? A@ /o more, because 9%9G 2>& provides for such only for the May EG9 elections Q: What kind of registration system do we have? A@ Continuing, Computeri$ed and !ermanent Dis"ualifications A. 0f sentenced by final (udgment to suffer imprisonment for not less than 1 year and such disability was not removed by plenary pardon or has not been granted amnesty. However, any person dis#ualified to vote shall automatically reac#uire the right to vote upon expiration of ; years after service of sentence. ,. Any person who has been ad(udged by final (udgment by competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government such as rebellion or any crime against national security@ %. 4/LE77 restored to his full civil and political rights in accordance with law. -. However, he shall regain his right to vote automatically upon expiration of ; years after service of sentence. C! "nsane or incompetent persons as declared by competent authority. #urisdiction in -nclusion(E1clusion cases A. *he municipal and metropolitan trial courts shall have original and exclusive (urisdiction over all matters of inclusion and exclusion of voters from the list in their respective municipalities or cities. !etition filed at any time except %A; days before regular election or >; days before special election ,. 'ecisions may be appealed to the .*C within ; days from receipt of notice of decision. C. .*C will decide the appeal within %A days. 'ecision is final and executory. '. /ote@ .elate this to Article 0H of the Constitution which provides that the C1MELEC has no (urisdiction over #uestions involving the right to vote. E. Exclusion is through sworn petition and not later than %AA days before regular election) 8; days before special election Grounds 7hen the .ist of oters 7ill be altered/ 'eactivation3 .eactivation Exclusion3 0nclusion Cancellation of .egistration in case of 'eath /ew voters Annulment of ,oo of 5oters *ransfer of .esidence

How is challenge to right to register effected? Cho " any voter, candidate, political party representative How " in writing, stating grnds, under oath, proof of notice of hearing Deacti)ation means removing the registration records of persons from the precinct boo of voters and place the same, properly mar ed and dated in indelible in , in the inactive file after entering the cause of deactivation.

How is reactivation of registration effected ? 7worn application for reactivation Affidavit /ot later than %-A days before regular election and GA days before special election !nnulment of 8oo9 of oters is through verified petition) notice and hearing) not prepared in accordance with law or prepared through fraud, bribery, forgery, impersonation, intimidation, force, any similar irregularity or which contains data that are statistically improbable Cannot be done within GA days before election Postponement of Election Causes 5iolence *errorism Loss or destruction of election paraphernalia3records <orce ma(eure 1ther analogous causes

Effect 0t is impossible to hold a free, orderly and honest election in any political subdivision CO:E.EC can postpone the election 2when decided by a ma(ority vote of the C1MELEC sitting en banc, .A >%88&@ A. #otu proprio ,. 4pon a verified petition by any interested party, after due notice and hearing Date of ne7 election *he date of the postponed election should be reasonably close to the date of the election not held, suspended, or which resulted in a failure to elect. 0t should not be later than +A days after the cessation of the cause for such postponement or suspension of the election or failure to elect. $ailure of Election Causes <orce ma(eure 5iolence *errorism <raud 1ther analogous causes

4nder .A >%88, the causes for the declaration of the failure of election may occur before or after the casting of votes or on the day of the election. Effects of abo)e causes A. Election in any polling place was not held on the date fixed) ,. Election was suspended before the hour fixed by law for the closing of the voting C. Elections results in a failure to elect 2after the voting and during the preparation and transmission of the election returns or in the custody or canvass thereof& $ND the failure or suspension of the election would affect the result of the election Remedy C1MELEC can call for the holding or continuation of the election not held, suspended, or which resulted in a failure to elect. *he election should be held not later

than +A days after the cessation of the cause of the postponement or suspension of the election or failure to elect. *his is decided by the C1MELEC, by a ma(ority vote of its members, sitting en banc. R! ;*&5 , Party<.ist System !ct 7ee s to promote proportional representation Any party already registered need not register anew. <ile manifestation not later than GA days before election. Grounds for refusing or canceling registration of Party<.ists groups a. .eligious sect or denomination, organi$ation b. Advocates violence c. <oreign party or organi$ation d. .eceives foreign support e. 5iolates election law f. 4ntruthful statements in its petition g. Ceased to exist for at least one year h. <ailed to participate in the last two preceding elections or fails to obtain at least -I of the votes cast under the party=list system in the - preceding elections for the constituency in which it has registered /omination of party=list reps should not include any candidate for any elective office or a person who has lost his bid for an elective office in the immediately preceding election 0ncumbent sectoral representatives in the House of .epresentatives who are nominated in the party=list system shall not be considered resigned !arty List .eps constitute -AI of the total number of the members of the House of .eps including those under the party=list How do we determine the number of party list seats in the House of Reps% 2J of 'istrict .eps 3 A.9A& x A.-A K J of party list reps *here are presently -A9 legislative districts, according to the 5eterans <ederation Case *he ; ma(or political parties are now entitled to participate in the party list system !arties receiving at least -I of the total votes cast for the party=list system shall be entitled to one seat each /o party shall be entitled to more than + seats Currently, there are -8A seats. 7o -A I of -8A is ;- seats. ,ut this is only a ceiling.

A list with ; names should be submitted to C1MELEC as to who will represent the party in the Congress. .an ing in the list submitted determines who shall represent party or organi$ation.

Rules for !ppreciation of 8allots Liberal Construction in favor of the validity of the ballot Loo at the tic et slate, consider locality or literacy rate .ule -%% of the 1EC 0ncumbency 3 7urname Cannot ascertain " 7*.AL 51*E

Pre<Proclamation Contro)ersies Definition A. A pre=proclamation controversy refers to any #uestion pertaining to or affecting the proceedings of the board of canvassers which may be raised by any candidate or by any registered political party or coalition of political parties before the board or directly with the C1MELEC. ,. 0t would also refer to any matter raised under 7ections -++, -+6, -+;, and -+8 of the 1mnibus Election Code in relation to the preparation, transmission, receipt, custody, and appreciation of the election returns. 2,oard of canvassers have original (urisdiction while C1MELEC have appellate (urisdiction& %. Chen election returns are delayed, lost or destroyed 27ec.-++& -. Material defects in the election returns 27ec. -+6& +. Chen election returns appear to be tampered with or falsified. 27ec. -+;& 6. 'iscrepancies in election returns 27ec. -+8& C. *hose that can be filed with C1MELEC directly are the ff@ 0ssue involves the illegal composition or proceedings of the board of canvassers, as when a ma(ority or all of the members do not hold legal appointments or are in fact usurpers 0ssue involves the correction of manifest errors in the tabulation or tallying of the results during the canvassing Recount *here can be a recount under the grounds of -+6=-+8. *he returns involved will affect the results and the integrity of the ballot box has been preserved -ssues that may be raised in a pre<proclamation contro)ersy A. 0llegal composition or proceedings of the board of canvassers ,. *he canvassed election returns are incomplete, contain material defects, appear to be tampered with or falsified, or contain discrepancies in the same returns or in authentic copies thereof. C. *he election returns were prepared under duress, threats, coercion, or intimidation, or they are obviously manufactured, or not authentic. '. Chen substitute or fraudulent returns in controverted polling places were canvassed, the results of which materially affected the standing of the aggrieved candidate3s.

Procedure A. Contested composition or proceedings of the board 2under .A >%88& 0t may be initiated in the board or directly with C1MELEC. ,. Contested election returns 2under .A >%88& Matters relating to the preparation, transmission, receipt, custody and appreciation of the election returns, and certificate of canvass, should be brought in the first instance before the board of canvassers only. Summary nature of pre<proclamation contro)ersy A. !re=proclamation controversies shall be heard summarily by the C1MELEC. ,. 0ts decision shall be executory after the lapse of ; days from receipt by the losing party of the decision, unless restrained by the 7C. Effect of filing petition to annul or suspend proclamation 0t suspends the running of the period within which to file an election protest or #uo warranto proceedings. =hen not allo7ed !re=proclamation cases on matters relating to the preparation, transmission, receipt, custody and appreciation of the election returns or the certificates of canvass /1* allowed in elections for@ 2under .A >%88& !resident 5ice=!resident 7enator Member of the House of .epresentatives 8>T/ *he appropriate canvassing body motu propio or upon written complaint of an interested person can correct manifest errors in the certificate of canvass or election returns before it. 8>T/ Muestions affecting the composition or proceedings of the board of canvassers may be initiated in the board or directly with C1MELEC. =hen pre<proclamation cases are deemed TER:-'!TED (R! ;5%%) A. All pre=proclamation cases pending before the C1MELEC shall be deemed terminated at the beginning of the term of the office involved and the rulings of the boards of canvassers concerned deemed affirmed. ,. *his is without pre(udice to the filing of a regular election protest by the aggrieved party. C. H1CE5E.@ !roceedings MAL C1/*0/4E if@ %. *he C1MELEC determines that the petition is meritorious and issues an order for the proceedings to continue or -. *he 7upreme Court issues an order for the proceedings to continue in a petition for certiorari.

Election Contest Original #urisdiction C1MELEC has 1.0:0/AL (urisdiction over contests relating to the elections, returns, #ualifications of all elective@ .egional !rovincial City officials !ppellate #urisdiction C1MELEC has A!!ELLA*E (urisdiction over all contests involving@ A. Elective M4/0C0!AL officials decided by trial courts of :E/E.AL (urisdiction ,. Elective ,A.A/:AL officials decided by trial courts of L0M0*E' (urisdiction =ho can file a petition contesting the election Any candidate who has duly filed a certificate of candidacy and has been voted for the same office Purpose of an election contest *he defeated candidate see s to outs the proclaimed winner and claims the seat. $inal CO:E.EC Decisions !rovision that decisions, final orders, rulings of the Commission on election contests involving municipal and barangay offices are final, executory and not appealable@ A. *his only applies to #uestions of <AC*. 2 <lores v. C1MELEC, %96 7C.A 696& ,. 0t does /1* preclude a special civil action of certiorari. 2:alido v. C1MELEC, Nan. %9,%GG%& Distinctions bet7een Pre<Proclamation Contro)ersy and Election Contest %& 'ividing line@ !roclamation of a candidate -& Nurisdiction A. !re=proclamation controversy %.*he (urisdiction of C1MELEC is administrative3#uasi=(udicial -.0t is governed by the re#uirements of administrative due process ,. Election contest %.*he (urisdiction of C1MELEC is (udicial -.0t is governed by the re#uirements of (udicial process +& 0n some cases, even if the case 2involving municipal officials& began with the C1MELEC before proclamation but a proclamation is made before the controversy is resolved, it ceases to be a pre=proclamation controversy and becomes an election contest cogni$able by the .*C. 6& However, in some cases, the 7C has recogni$ed the (urisdiction of C1MELEC over municipal cases even after proclamation. .elate to the provision in .A >%88 allowing pre=proclamation controversy proceedings to continue even after a proclamation has been made.

Election Offenses ( Selected Offenses) ote buying and )ote<selling A. Covered acts %.:ive, offer or promise money or anything of value -. Ma ing or offer to ma e any expenditure, directly or indirectly, or cause an expenditure to be made to any person, association, corporation, entity or community +.7oliciting or receiving, directly or indirectly, any expenditure or promise of any office or employment, public or private ,. !urpose of acts %. *o induce anyone or the public in general to vote for or against any candidate or withhold his vote in the election or -. *o vote for or against any aspirant for the nomination or choice of a candidate in a convention or similar selection C. 4nder .A 8868 2!rosecution of vote=buying3selling& %. !resentation of a complaint supported by affidavits of complaining witnesses attesting to the offer or promise by or the voters acceptance of money or other consideration from the relatives, leaders or sympathi$ers of a candidate is sufficient basis for an investigation by the C1MELEC,directly or through its duly authori$ed legal officers. -. 'isputable presumption of conspiracy@ !roof that at least one voter in different precincts representing at least -AI of the total precincts in any municipality, city or province has been offered, promised or given money, valuable consideration or other expenditure by a candidate relatives, leaders and3or sympathi$srs for the purpose of promoting the election of such candidate. +. 'isputable presumption of involvement !roof affects at least -AI of the precincts of the municipality, city or province to which the public office aspired for by the favored candidate relates. *his will constitute a disputable presumption of the involvement of such candidate and of his principal campaign managers in each of the municipalities concerned in the conspiracy Coercion of a subordinate A. Cho can be held liable %. public officer -. officer of a public3private corporation3association +. heads3superior3administrator of any religious org. 6. employer3landowner ,. !rohibited acts %. Coercing, intimidating or compelling or influencing, in any manner, any subordinates, members, parishioners or employees or house helpers, tenants, overseers, farm helpers, tillers or lease holders to aid, campaign or vote for or against a candidate or aspirant for the nomination or selection of candidates. -. 'ismissing or threatening to dismiss, punishing or threatening to punish by reducing salary, wage or compensation or by demotion, transfer, suspension etc. !ppointment of ne7 employees? creation of ne7 position? promotion or gi)ing salary increases A. Cho can be held liable@ Any head3official3appointing officer of a government office, agency or instrumentality, whether national or local, including :1CCs. ,. !rohibited acts %.Appointing or hiring a new employee 2provisional, temporary or casual&

-.Creating or filling any new position +.!romoting3giving an increase in salary, remuneration or government official or employee. C. !eriod when acts are prohibited %. 6; days before a regular election -. +A days before a special election

privilege to any

'. Exceptions %. 4pon prior authority of C1MELEC if it is satisfied that the position to be filled is essential to the proper functioning of the office3agency concerned A/' that the position is not filled in a manner that may influence the election -. 0n case of urgent need, a new employee may be appointed. /otice of appointment should be given to C1MELEC within + days from appointment. Prohibition against release? disbursement or e1penditure of public funds A. =ho can be held liable/ Any public official or employee including barangay officials and those of :1CCs3subsidiaries ,. Prohibited acts/ *he release, disbursement or expenditure of public funds for any and other inds of public wor s C. Period 7hen acts are prohibited/ %. 6; days before a regular election -. +A days before a special election '. E1ception %. maintenance of existing3completed public wor s pro(ect. -. wor underta en by contract through public bidding, or by negotiated contract awarded before the 6; day period before election +. payment for the usual cooperation for wor ing drawings, specfications and other procedures preparatory to actual construction including the purchase of material and e#uipment and incidental expenses for wages. 6. Emergency wor necessitated by the occurrence of a public calamity but such wor shall be limited to the restoration of the damaged facility. ;. 1ngoing public wor pro(ects commenced before the campaign period or similar pro(ects under foreign agreements. Suspension of electi)e? pro)incial? city? municipal or barangay officer A. General rule/ public official CA//1* suspend any of the officers enumerated above during the election period. ,. E1ceptions %. Cith prior approval of C1MELEC -. 7uspension is for the purpose of applying the Anti=:raft and Corrupt !ractices Act "n relation to registration of voters&voting 4n(ustifiable refusal to register and vote 5oting more than once in the same election3voting when not a registered voter 5oting in substitution for another with or without the lattersE nowledge and3or consent etc. Other election offenses under R! %%&% A. Causing the printing of official ballots and election returns by printing establishments not on contract with C1MELEC and printing establishments which underta es unauthori$ed printing

,. *ampering, increasing or decreasing the votes received by a candidate or refusing after proper verification and hearing to credit the correct votes or deduct the tampered votes 2committed by a member of the board of election inspectors& C. .efusing to issue the certificate of voters to the duly accredited watchers 2committed by a member of the ,E0& '. !erson who violated provisions against prohibited forms of election propaganda E. <ailure to give notice of meetings to other members of the board, candidate or political party 2committed by the Chairman of the board of canvassers& <. A person who has been declared a nuisance candidate or is otherwise dis#ualified who continues to misrepresent himself as a candidate 2Ex. by continuing to campaign& and any public officer or private individual who nowingly induces or abets such misrepresentation by commission or omission. :. 0f the chairman of the ,E0 fails to affix his signature at the bac of the official ballot, in the presence of the voter, before delivering the ballot to the voter. 2under .A >%88& Prescription of Election Offenses %. Election offenses shall prescribe after ; years from the date of their commission -. 0f the discovery of the offense is made in an election contest proceeding, the period of prescription shall commence on the date on which the (udgment in such proceedings becomes final and executory #urisdiction of courts A. .*C has exclusive original (urisdiction to try and decide any criminal action or proceedings for violation of the Code. ,. M*C3MC*C have (urisdiction over offenses relating to failure to register or vote.