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Election Law
Election Law
ELECTION: INTRODUCTION
AND HISTORY
Chapter 1
Suffrage the right to vote in the election of officers
chosen by the people and in determination of
questions submitted to the people; it includes
election, plebiscite, initiative and referendum.
Nature of Suffrage:
1. Mere privilege- Not a natural right of the
citizens but a mere privilege to be given or
withheld by the lawmaking power subject to
constitutional limitations.
2. Political Right- enabling citizens to
participate in the process of government to
assure that it derives its power from the
consent of the governed.
Voting the act or exercise of ones right to suffrage
Election the means by which the people choose
their officials for a definite and fixed period and to
whom they entrust for the time being the exercise of
the powers of government.
Kinds:
1. Regular one provided by law for election of
officers either nationwide or in certain
subdivisions thereof, after expiration of the full
term of the former members; participated in by
those who possess the right of suffrage, are not
otherwise disqualified by law, and who are
registered voters.
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Plebiscite the electoral process by which an
initiative on the Constitution is approved or rejected
by the people; it also the means by which the voters
in affected areas consent or object to the change in
the form of local government.
Initiative the power of the people to propose
amendments to the Constitution or to propose and
enact legislations through an election called for the
purpose.
Referendum the power of the electorate to approve
or reject legislation through an election called for the
purpose.
Recall a mode of removal of a local elective official
by the people before the end of his term of office.
Theory on Suffrage prevailing in the Philippines:
Suffrage is both a right and a privilege. It is a right
because it is the expression of the sovereign will of
the people. It is a privilege because its exercise is
granted not to everybody but to the persons or class
of persons as are most likely to exercise it for the
purpose of the public good.
System of Election Adopted in the Philippines:
Since 1901, the Australian system, first conceived by
Francis Dutton, a member of the Legislature of South
Australia. The distinguishing feature of the system is
STRICT SECRECY IN BALLOTING.
Election Period: Unless otherwise fixed by the
Commission in special cases, the election period
shall commence ninety days before the day of
election and shall end thirty days thereafter (Sec. 9,
Art. IX-C, 1987 Constitution).
Campaign Period:
3. Presidential and Vice Presidential Election 90
days;
4. Election of Members of Congress and Local
Election 45 days; and Barangay Election 15
days
4. Special Election under Art. VIII, Sec. 5,
Subsection (2) of the Constitution 45 days.
Written and Edited by: APAYA, Edrian and DAVID, Jose Angelo. REFERENCES: Relevant laws, jurisprudence and San Beda Law BarOps Memory Aid.
Please notify the author/s concerned for corrections, suggestions and comments.
History of Election
1. 1897 Biak na Bato Constitution
No suffrage
2. 1899 Malolos Constitution
No suffrage
3. 1935 Constitution
-Suffrage is limited to male citizens, 21
years of age, and able to read and write.
-Suffrage for women is subject to
plebiscite of 300,000 women.
4. 1973 Constitution
-suffrage is mandatory. Failure to register
is an election offense.
5. 1987 Constitution
to
Composition:
Chairman
and
Commissioners
Term: 7 years without reappointment
1987 Constitution
Composition:
Chairman
and
Commissioners
Term: 7 years without reappointment
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Case Digest:
Power of COMELEC
Election for the Office of the Representatives was
held. Because of the alleged irregularity in the
canvassing of votes, COMELEC issued a resolution
to reopen the ballot boxes to obtain judicial remedies
under section 163 of the Revised Election Code.
WON the resolution is valid.
The COMELEC has the power to investigate and act
on the propriety or legality of the canvass of election
returns made by the board of canvassers. Cauton vs.
COMELEC)
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The Congress enacted R.A. 8436 for the Automation
of Election System. The Automated Machines used
during the election did not properly read the votes
casted. COMELEC issued a minute resolution
ordering a manual count.
WON the resolution is valid.
To continue with the automated count would result in
a grossly erroneous count. The resolution merely
reinforces the collective efforts to endow COMELEC
with enough power to hold free, honest, orderly, and
credible elections. (Loong vs. COMELEC)
Judicial Recount
Election was held; one of the candidates filed a
petition to annul the canvass and proclamation due to
alleged irregularity in the canvassing. The COMELEC
issued a resolution annulling the canvass and
proclamation.
The requisites for judicial recount
1. Appearing to the Board of Canvassers that
discrepancy exists.
2. Discrepancy is between the copy submitted
to the Board and another authentic copy
thereof.
Disqualifications:
(Sec. 118, OEC)
1. Person convicted by final judgment to suffer
imprisonment for not less than 1 year, unless
pardoned or granted amnesty; but right is
reacquired upon expiration of 5 years after
service of sentence;
2. Person adjudged by final judgment as having
committed any crime involving disloyalty to
government or any crime against national
security; but right is reacquired upon expiration of
5 years after service of sentence; and
3. Insane or incompetent persons as declared by
competent authority.
Registration of Voters
b.
c.
d.
e.
f.
Common
Rules
Governing
Judicial
Proceedings in the Matter of Inclusion,
Exclusion and Correction of Names of Voters
(Sec. 32, R.A. 8189):
a. Petition for inclusion, exclusion or correction
of names of voters shall be filed during office
hours;
b. Notice of the place, date and time of the
hearing of the petition shall be served upon
the members of the Board and the
challenged voter upon filing of the petition;
c. A petition shall refer only to one (1) precinct
and shall implead the Board as respondents;
d. No costs shall be assessed against any party
in these proceedings. However, if the court
should find that the application has been filed
solely to harass the adverse party and cause
him to incur expenses, it shall order the
culpable party to pay the costs and incidental
expenses;
e. Any voter, candidate or political party who
may be affected by the proceedings may
intervene and present his evidence;
f. The decision shall be based on the evidence
presented and in no case rendered upon a
Disqualifications:
(Sec. 5)
1. Those who have lost their Filipino citizenship in
accordance with Philippine laws;
2. Those who have expressly renounced their
Philippine citizenship and who have pledged
allegiance to a foreign country;
3. Those who have committed and are convicted
in a final judgment by a court or tribunal of an
offense punishable by imprisonment of not less
than one (1) year, including those who have
committed and been found guilty of Disloyalty as
defined under Article 137 of the Revised Penal
Code, such disability not having been removed
by plenary pardon or amnesty; Provided,
however, That any person disqualified to vote
under this subsection shall automatically acquire
the right to vote upon expiration of five (5) years
after service of sentence; Provided, further, That
the Commission may take cognizance of final
judgments issued by foreign courts or tribunals
only on the basis of reciprocity and subject to the
formalities and processes prescribed by the
Rules of Court on execution of judgments;
4. An immigrant or a permanent resident who is
recognized as such in the host country, unless
he/she executes, upon registration, an affidavit
prepared for the purpose by the Commission
declaring that he/she shall resume actual
physical permanent residence in the Philippines
not later than three (3) years from approval of
his/her registration under this Act. Such affidavit
shall also state that he/she has not applied for
citizenship in another country. Failure to return
Case Digest:
Overseas Absentee Voting
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Registration of voters
Petitioner sought to direct the COMELEC to conduct
a special registration of new voters within 120 days
before the May 14, 2001 General Elections.
WON the petition may be granted.
The exercise of right to suffrage is subject to existing
substantive and procedural requirements. Sec. 8,
R.A. 8189 provides that no registration shall be
conducted during the period within 120 days before a
regular election and 90 days before a special
election. (Akbayan-Youth vs. COMELEC)
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Purposes:
1. To acquire juridical personality;
2. To entitle it to rights and privileges granted to
political parties; and
3. To participate in the party-list system.
Groups which cannot be registered as political parties
(Sec. 3, R.A. 7941):
1. Religious denominations or sects;
2. Those who seek to achieve their goals through
violence or unlawful means;
3. Those who refuse to uphold and adhere to the
Constitution; and
4. Those supported by foreign governments.
Grounds for cancellation of registration (RAF- SVUCF) (Sec. 6, RA 7941):
1. It is a religious sect or denomination,
organization or association, organized for
religious purposes;
2. It advocates violence or unlawful means to seek
its goal;
3. It is a foreign party or organization;
4. It is receiving support from any foreign
government, foreign political party, foundation,
organization, whether directly or through any of
its officers or members or indirectly through third
parties for partisan election purposes;
5. It violates or fails to comply with laws, rules or
regulations relating to elections;
6. It declares untruthful statements in its petition;
7. It has ceased to exist for at least one (1) year; or
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guaranteed seats shall be distributed in a first
round of seat allocation to parties receiving at
least two percent of the total party-list votes.
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CANDIDATES
Chapter 5
Candidate refers to any person aspiring for or
seeking an elective public office, who has filed a
certificate of candidacy and that any person who
files certificate of candidacy within [the period for
filing] shall only be considered as a candidate at the
start of the campaign period for which he filed his
certificate of candidacy. (Penera v. Comelec)
Qualifications
President and Vice- President:
1. Natural-born citizen
2. Registered voter
3. Able to read and write
4. At least 40 years old on the day of the election
5. Resident of the Philippines for at least 10 years
immediately preceding the day of the election.
(Sec.2, Art. VII)
Senators:
1. Natural-born citizen
2. At least 35 yrs. old on the day of the election
3. Able to read & write
4. Registered voter
5. Resident of RP for not less than 2 years
immediately preceding the day of the election
(Sec. 2, Art. VI)
District Representatives:
1.Natural-born citizen
2.At least 25 years old on the day of election
3.Able to read and write
4.Registered voter in the district in which he shall be
elected
5.Resident of the same district for a period of not less
than 1 year Immediately preceding the day of
election. (Sec. 6, Art. VI)
Sectoral Representatives:
1. Natural-born citizen
2. At least 25 years old on the day of election
3. Able to read and write
4. Resident for a period not less than one year
immediately preceding the day of the election
5. Bona fide member of the sector he seeks to
represent
Governor, Vice-governor, Mayor, Vice-mayor,
Punong barangay, Sanggunian (sg) members
1. Citizen of the Philippines;
2. Registered voter in the barangay, municipality, city
or province, or, in the case of a member of the SG
panlalawigan, panlungsod or bayan, the district
where he intends to be elected;
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Disqualifications:
1. Under the Omnibus Election Code:
a. Declared as incompetent or insane by
competent authority;
b. Convicted by final judgment for subversion,
insurrection, rebellion or any offense for
which he has been sentenced to a penalty of
18 months imprisonment;
c. Convicted by final judgment for a crime
involving moral turpitude;
d. Any person who is a permanent resident of
or immigrant to a foreign country.
2. Under the Local Government Code (Sec. 40,
R.A. 7160) Applicable to candidates for local
elective office only (Magno v. COMELEC, supra):
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Senators:
Shall not serve for more than two consecutive terms.
(Sec 4(2), Art. VI)
District Representatives:
1. Shall not serve for more than three consecutive
terms. (Sec. 7 Art. VI);
2. One who has been declared by competent
authority as insane or incompetent;
3. One who has been sentenced by final judgment
for subversion, insurrection, rebellion, or for any
offense for which he has been sentenced to a
penalty of more than 18 months or for a crime
involving moral turpitude, unless given plenary
pardon or granted amnesty. (Sec. 12, BP 881 or
the
Omnibus
Election
Code)
Governor, Vice-governor, Mayor, Vice-mayor,
Punong barangay, Sanggunian (sg) members:
(Sec. 41, R.A. 7160)
1. sentenced by final judgement for an offense
involving moral turpitude or for an offense
punishable by 1 year or more, within 2 years after
serving sentence;
2. removed from office as a result of an
administrative case;
3. convicted by final judgment for violating the oath of
allegiance to the Republic of the Philippines;
4. with dual citizenship;
5. fugitives from justice in criminal and non-political
case here and abroad;
6. permanent residents in a foreign country or those
who have acquired the right to reside abroad and
continue to avail of the same right after the
effectivity of the Local Government Code;
7. insane or feeble-minded
Certificate of Candidacy
A statement of a person seeking to run for a public
office certifying that he announces his candidacy for
the office mentioned and that he is eligible for the
office, the name of the political party to which he
belongs if he belongs to any, and his post-office
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CAMPAIGN, ELECTION
PROPAGANDA, CONTRIBUTIONS
AND EXPENDITURES
Chapter 6
Election Campaign or Partisan Political Activity
refers to an act designed to promote the election or
defeat of a particular candidate or candidates to a
public office (Sec. 79, OEC).
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Print advertisements shall not exceed onefourth (1/4) page in broadsheet and one-half
(1/2) page in tabloids thrice a week per
newspaper, magazine or other publications,
during the campaign period.
Exit Polls
Exit polls may only be taken subject to the following
requirements:
1. Pollsters shall not conduct their surveys within
fifty (50) meters from the polling place, whether
said survey is taken in a home, dwelling place
and other places;
2. Pollsters shall wear distinctive clothing;
3. Pollsters shall inform the voters that they may
refuse to answer; and
4. The result of the exit polls may be announced
after the closing of the polls on election day, and
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Prohibited Contributions:
1. Contribution for purposes of partisan political
activity shall be made directly or indirectly by any
of the following:
a. Public or private financial institutions; except,
loan made by financial institutions legally in
the business of lending money, and in
accordance with laws and regulations and in
the ordinary course of business;
b. Natural and juridical persons operating a
public utility or in possession of or exploiting
any natural resources of the nation;
c. Natural and juridical persons who hold
contracts or sub-contracts to supply the
government or any of its divisions,
subdivisions or instrumentalities, with goods
or services or to perform construction or
other works;
d. Natural and juridical persons who have been
granted franchises, incentives, exemptions,
allocations or similar privileges or
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AUTOMATED ELECTIONS
Chapter 7
Automated Elections Act (R.A. 9369)
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Case Digest:
Propaganda materials
Petitioner entered into formal agreements with certain
establishments to endorse their products and for the
use his name and image. Then, he filed his
Certificate of Candidacy for the position of Senator.
COMELEC ordered the petitioner to remove his
billboards and to cover them from public view.
WON the order of the COMELEC is valid.
By regulating the use of election propaganda
materials, the COMELEC is merely doing its duty
under the law. If the subject billboards will be allowed,
he would have more opportunity to make themselves
known to the electorate, to the disadvantage of other
candidates who do not have the same chance.
(Chavez vs. COMELEC)
Election propaganda
Petitioner prayed that Sec. 12, R.A. 6132 be declared
unconstitutional for it declares unlawful to print and
publish any advertisement, paid comment or paid
article in favor of a candidate unless the names of all
other candidates are also mentioned with equal
prominence.
WON the Law is unconstitutional.The slight limitation
of the freedom of expression of the individual,
whether candidate or not, is only one of the many
devices employed by the law to prevent a clear and
present danger of the perversion and prostitution of
the electoral apparatus and of denial of equal
protection of the laws. (Badoy, Jr. vs. COMELEC)
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