ATENEO ELECTION LAW 2008 GENERAL PRINCIPLES Sources of Philippine election law The election laws of the Philippines are contained in the following: • • • • • • • • • • • 1987 Constitution BP 881 (Omnibus Election Code) RA 6646 (Electoral Reforms Law of 1987) RA 6679 (Barangay Elections) RA 6735 (Law Providing for Initiative and Referendum) RA 7166 (1991 Synchronized Elections Law) RA 7941 (Election of Party-List Representatives) RA 8189 (Continuing Registration) RA 8436 (Automated Election System) RA 8524 RA 9006 (Fair Election Act of 2001) privilege which may be given or withheld by the lawmaking power subject to constitutional limitations. It is not necessarily an accompaniment of citizenship; it is granted only upon the fulfillment of certain minimum conditions. Scope of suffrage Suffrage encompasses the following: (1) Election Election is the means by which the people choose their officials for definite periods and to whom they entrust, for the time being as their representatives, the exercise of powers of government. It involves the choice of candidates to public office by popular vote. a. Regular election – refers to an election participated in by those who possess the right of suffrage and not disqualified by law and who are registered voters b. Special election – 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 (ex. To fill in vacancy in office before the expiration of the term for which incumbent was elected) (2) Plebiscite Plebiscite is the submission of constitutional amendments or important legislative measures to the people for ratification. (3) Referendum Referendum is the power of the electorate to approve or reject legislation through an election called for the purpose. (Sec. 2c, R.A. 6735) It may be of 2 classes, namely: (a) Referendum on statutes, which refers to a petition to approve or reject an act or law, or part thereof, passed by Congress; and Referendum on local law which refers to a petition to approve or reject a law, resolution or ordinance enacted by regional assemblies and local legislative bodies
THEORY OF POPULAR SOVEREIGNTY Art. II, Sec. 1 1987 Constitution: The Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them. A democratic and republican government derives all its powers, directly or indirectly, from the people at large. Its essence is indirect rule. Actual sovereignty is exercised by the people by means of suffrage. Suffrage defined Suffrage is the right and obligation of qualified citizens to vote: (1) in the election of certain national and local officials, and (2) in the decision of public questions submitted to the people. It is a political right which enables every citizen to participate in the process of government to assure that it derives it powers from the consent of the governed. It operates on the principle of "one man (or one woman), one vote." Suffrage is not a natural right but a
(4) Initiative 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) There are 3 systems of initiative, namely: (a) Initiative on the Constitution which refers to a petition proposing amendments to the Constitution; (b) Initiative on statutes, which refers to a petition proposing to enact a national legislation; (c) Initiative on local legislation which refers to a petition proposing to enact a regional, provincial, city, municipal or barangay law, resolution or ordinance Note that in the case of Santiago v. COMELEC, the Supreme Court held that there is no law yet that is sufficient enough for proposing amendments to the Constitution. R.A. 6735 was deemed sufficient for statutory amendments but not Constitutional amendments. (5) Recall Recall is the termination of official relationship of a local elective official for loss of confidence prior to the expiration of his term through the will of the electorate. Who can exercise Under Art. V, Sec. 1 of the 1987 Constitution, the right of suffrage may be exercised by all citizens of the Philippines who are: (1) not otherwise disqualified by law, (2) at least 18 years of age, and (3) have resided in the Philippines for at least 1 year, and in the place wherein they propose to vote for at least 6 months immediately preceding the election. The same provision provides that no literacy, property or other substantive requirement shall be imposed on the exercise of suffrage, and that Congress may not add or alter the qualifications of voters under Art. V, Sec. 1 of the 1987 Constitution. This specification is an implied prohibition against interference on the part of Congress in the right of suffrage. Congress, however, to a limited extent can regulate the right of suffrage by: • • • • Defining the qualifications of voters Regulating elections Prescribing the form of official ballot Providing for the manner of choosing candidates and the names to be printed on the ballot Regulating the manner of conducting elections Suppressing whatever evils incident to the election of public officers, pursuant to its duty to secure the secrecy and sanctity of the ballots under Art. V, Sec. 2 of the 1987 Constitution.
What are the substantive requirements for the exercise of suffrage? The only substantive requirements exercise the right to vote are: (CARA) (1) (2) (3) (4) Citizenship Age Residency Absence of disqualifications to
Filipino citizenship This may be by birth or naturalization. Age Must be at least 18 at the time of the election. Residence For the purposes of election law, residence is synonymous with domicile. Art. 50 of the Civil Code provides that “for the existence of civil rights and the fulfillment of civil obligations, the domicile of natural persons is the place of their habitual residence.” Domicile includes the twin elements of “the fact of residing or physical presence in a fixed place” and animus manendi, or the intention of returning there permanently. (Romualdez-Marcos v. COMELEC) Every person is deemed to have his domicile somewhere, and when it has been
acquired, it will be deemed to continue until a new one has been acquired. Temporary absences although frequent or long continued, will not, while the person has a continuous intention to return, deprive him of his domicile and right to vote. Any person who temporarily resides in another city, municipality or country solely by reason of his occupation, profession, employment in private or public service, educational activities, work in the military or naval reservations within the Philippines, service in the AFP, the PNP, or confinement or detention in government institutions in accordance with law, shall not be deemed to have lost his original residence. (Sec. 9, R.A. 8189) It is not necessary that a person should have a house in order to establish his residence or domicile in a municipality. It is enough that he should live there, provided that his stay is accompanied by his intention to reside therein permanently. Literacy requirements The Constitution imposes no literacy requirements; hence illiterates have the right to vote. Property requirements Neither does the Constitution impose any property requirement since property ownership is not a test of individual capacity. A property requirement is not only inconsistent with the concept of a republican government, but with the social justice principle of equal opportunity as well. Formal education Formal education is no guarantee for good citizenship or intelligent voting. Sex There is no adequate or justifiable basis for depriving women of equal voting rights. Taxpaying Ability This is related to property requirement. Romualdez-Marcos v. COMELEC (248 SCRA 300) It is the fact of residence, not a statement in the certificate of candidacy which ought to be decisive in determining whether or not an individual has satisfied the Constitution’s residency qualification requirement. To successfully effect a change of domicile, one must demonstrate: (1) an actual removal or an actual change of domicile; (2) a bona fide intention of abandoning the former place of residence and establishing a new one; and, (3) acts which correspond with the purpose. Aquino v. COMELEC (248 SCRA 400) The place where a party actually or constructively has his permanent home, where he, no matter where he may be found at nay 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 is to exclude strangers or newcomers unfamiliar with the conditions and needs of the community from taking advantage of favorable circumstances existing in that community for electoral gain. Disqualifications
Persons sentenced by final judgment to suffer imprisonment for not less than one (1) year. (Note: he / she shall automatically reacquire the right to vote upon the expiration of 5 years after the service of sentence.) Persons adjudged by final judgment of having committed any crime involving disloyalty to the duly constituted government (e.g. rebellion, sedition, violation of the firearms law) or any crime against national security. (Note: he / she shall automatically re-acquire the right to vote upon the expiration of 5 years after the service of sentence.)
(3) Insane or incompetent persons as declared by competent authority. THE COMELEC Purpose The purpose of the COMELEC is to protect the sanctity of the ballot and to ensure
The chairman and the commissioners are to be appointed by the President with the consent of the Commission on Appointments. 6. including the chairman. 1987 Constitution) Fixing of other reasonable periods for certain preelection requirements (BP 881. executive. and not under any of the branches of Government. 2 for 5 years. The staggering of terms makes the COMELEC a continuing and self-perpetuating body. IX-C. RA 7166) Prescribe forms. 52b) Fixing of election period (which shall commence 90 days before the election and end 30 days thereafter. and the rest for 3 years. as well as use or adoption of latest technological and electronic devices (BP 881. 1987 Constitution)
Promulgation of rules and regulations (Art. 4. To preserve the independence of the COMELEC.
Qualifications: • • • • Natural born citizens At least 35 years old Holders of a college degree Must not have been candidates for any elective position in the immediately preceding elections Majority of the members.)
(2) Quasi-judicial powers The COMELEC has exclusive original jurisdiction over all
. and honest as such power is merely preventive and not curative. under staggered terms of 2 years interval: of 3 commissioners first appointed.4
the free and honest express of the popular will. BP 881. as well as call for special elections (Sec. The COMELEC Commissioners are subject to the same disabilities imposed on the President and the Vice-President. 52m) Declaration of failure or postponement of elections. Sec. Sec. (Note. orderly. 2 (1). To achieve this. including the prohibition against holding any other office or engaging in any other profession or business. 3 shall hold office for 7 years. i) Annulment or cancellation of illegal registry lists of voters and ordering the preparation of a new one. Sec. Sec. and judicial organs of the government. co-equal with the other departments with respect to the powers vested in it. Art. however. appointments or designations in temporary or acting capacities are not allowed. Composition Composition: chairman 6 commissioners Powers and functions The powers and functions of COMELEC may be classified as follows: the
and administration of election laws and regulations (Art. Sec. should be members of the Bar who have been engaged in the practice of law for at least 10 years. that the COMELEC does not have the power to annul an election which may not have been free. 6. IX-C. IXC. The intention is to place it outside the influence of political parties and the control of the legislative. the COMELEC was created as an independent administrative tribunal. Sec. and consequently its members would have the benefit of the experience and expertise of the older members in the performance of its functions. The Commissioners serve for 7 years without reappointment.
Cancellation of the canvass of election returns and annulment of a proclamation based on incomplete results. 52 g. unless otherwise fixed by the COMELEC in special cases.
etc. as these rest within the exclusive original jurisdiction of the MTC. 1987 Constitution)
The power of the COMELEC to decide all questions affecting elections pertains to the following: (1) determination of the number and location of polling places
. or involving elective barangay officials decided by the MTC. orderly. right of a person to be registered. provincial and city officials. (Art. Relampagos v. 1987 Constitution) CMT cadets 18 yrs. or a person fails to follow the procedure for the distribution of ballot boxes). 1987 Constitution) The COMELEC has the power of a public prosecutor with the exclusive authority to conduct the preliminary investigation and the prosecution of election offenses punishable under the election law. IX-C. To issue warrants of arrest. that the COMELEC's power to punish for contempt may be exercised ONLY in the exercise of its quasijudicial functions. BP 881) political parties. Sec. however.5
contests relating to the election. returns and qualifications of all elective. IX-C. regional. Of contempt (Note. when in any area of the country there are persons committing acts of terrorism to influence people to vote for or against any candidate or political party. Of certiorari. Sec. IX-C. the COMELEC has the power: • • To issue subpoena. IX-C.). reporter criticizes a contract with COMELEC for supplies. Sec. In these cases. 52a. the decisions therein shall be final.e. etc. disqualifications of voters. 2 (5). Sec. Sec. 1987 Constitution) and prosecution of cases of violation of election laws (Art. (Sec. 2 (5). peaceful and credible elections (Art. To take testimony. of age and above may be authorized to act as the COMELEC's deputies for the purpose of enforcing its orders (Sec. IX-C. ) (2) appointment of election officials and inspectors (3) registration of voters However. executory and unappealable. IX-C. 52b. PNP or any similar agency or instrumentality of the government (except civilian home defense forces) during the period of the campaign and ending 30 days thereafter. appealable to the RTC.
(5) Register (6) Accredit
all questions affecting elections (Art. Sec. 2(4). The COMELEC has exclusive appellate jurisdiction over all contests involving municipal officials decided by the RTC. the COMELEC has NO jurisdiction over questions involving the right to vote (i. prohibition and mandamus (Note: but only in exercise of its appellate jurisdiction. 2 (2). 2 (5). honest. BP 881) The COMELEC may deputize any member or members of the AFP. Cumba. The COMELEC has no power to hold a person in contempt in the exercise of its administrative functions (e. NBI. law enforcement agencies and instrumentalities of the Government for the exclusive purpose of ensuring free. 2 (3). 1987 Constitution) citizens' arms (Art.
(4) Deputize. 1987 Constitution) Pursuant to its quasi-judicial powers. (Art.g.
with the concurrence of the President.
(b) to the President
for removal of any officer or employee it has deputized (Sec. IX-C. (Art. all of which are to be allocated free of charge equally and impartially among all the candidates for national office on 3 different calendar days. for the duration of the election period.A.A.
• transportation utilities. of use of all franchises or permits for operation of:
. suspension of sentence for violation of election laws. Sec. IX-C. 2 (8). or involving elective barangay officials decided by the MTC. 2. for public information campaigns and fora among candidates. for pardon. 52a. or decision (Art. Sec. executory and unappealable. including limitation of places where propaganda materials shall be posted. Sec. 5 1987 Constitution. In these cases. offenses. 9006 to exercise affirmative action in procuring print space upon payment of just compensation from at least 3 national circulation. He may do so only if he is deputized by the COMELEC. (Sec. This is to prevent the possibility of the President granting executive clemency for political reasons. The COMELEC has exclusive appellate jurisdiction over all contests involving municipal officials decided by the RTC.6
The power may be exercised upon complaint or motu propio. for imposition of disciplinary action for violation or disregard of. and to prevent and penalize all forms of election frauds. regional. malpractices. special privileges. 9006) No franchise or permit to operate a radio or television station shall be granted or issued. and nuisance candidates. 4. 9006) COMELEC is mandated under Sec. 6. or disobedience to its directive.
of petitions in court for inclusion or exclusion of voters (Art.A. IX-C. 1987 Constitution). BP 881). Quasi-Judicial Powers
(9) Recommendatory: (a) to Congress
effective measures to minimize election spending. (Art. IX-C. 2 (2). provincial and city officials. (Sec. 2 (7). IX-C. The Ombudsman has NO jurisdiction to prosecute election offenses.4. the decisions therein shall be final. rules and regulations (Art. suspended or cancelled during the election period. and assure free.)
Jurisdiction The COMELEC has exclusive original jurisdiction over all contests relating to the election. returns and qualifications of all elective. and free airtime from at least 3 national TV networks and 3 national radio networks. 1987 Constitution)
grants. honest. Sec. Sec. peaceful and credible elections. or concessions granted by the Government or any instrumentality thereof (Art. amnesty. IX-C. Sec. orderly. parole. R. 7 of R. R. 1987 Constitution) The purpose of supervision and regulation is to guarantee or ensure equal opportunity for public service and the equitable right to reply. order. • media of information. 1987 Constitution)
(10) Supervision / Regulation. 2 (6).
3. Questions pertaining to proceedings of the Board of Canvassers (Mastura v. orders or resolutions rendered by the COMELEC in the exercise of its adjudicatory or quasi-judicial powers not those which are mere incidents of its inherent
. a party raises questions of law in the Supreme Court. IXC. En Banc and Division Cases The COMELEC may sit en banc or in 2 divisions. 7166) Declaration of failure of election (Sec. Barangay Elections are held on the
Rendition of Decision Composition. ELECTIONS IN GENERAL Kinds of elections General election It is one provided for by law for the election to offices throughout the State or a certain subdivision thereof. The certiorari jurisdiction of the Supreme Court is confined to instances of grave abuse of discretion amounting to patent and substantial denial of due process committed by it in the exercise of its quasi-judicial powers. elections shall be held on the 2nd Monday of May. Under R. 1987 Constitution) What is contemplated in this provision are decisions.
• • •
Time Period and Votes Required The COMELEC shall decide by a majority vote of all its members any case or matter brought before it within 60 days from the date of its submission for decision or resolution. Questions arising from the latter may be taken in an ordinary civil action before the RTC. It is an election held to fill a vacancy in an office before the expiration of the full term for which the incumbent was elected. and Elective Provincial. order or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within 30 days from receipt of a copy thereof. 285 SCRA 493) Postponement of election (Sec. Decisions that must be rendered by the COMELEC en banc include:
Decisions on motions for reconsideration (Art. By certiorari. Date of Election Under the Law In accordance with the Constitutional policy to synchronize elections.A. The Supreme Court has no power of supervision over the COMELEC except to review its decisions on petitions by certiorari. Petitions for correction of manifest errors in the Statement of Votes (Sec. 7 1987 Constitution) Judicial Review Unless otherwise provided by the Constitution or by law. Sec. (Art. IX-A. there is a simultaneous conduct of elections for national and local officials once every 3 years. (Art. election cases shall be heard and decided in division. COMELEC. 5. 7166. any decision. Elective Members of the House of Representatives. or an election at which some issue or proposition is submitted to the vote of the qualified electors. after the expiration of the full term of former officers.A. 4. City and Municipal Officials are elected on the same day every 3 years.7
administrative functions over the conduct of elections. 7. 4. except with respect to the Senators. Rule 27 of the 1993 Rules of the COMELEC). only 12 of whom shall be elected every 3 years. IX-A. 1987 Constitution). R. 7166) Calling elections 7166) of special (Sec. Sec. Special election It is one provided for by law under special circumstances. As a general rule. 4. R. The President and Vice-President are elected on the same day every 6 years. Senators. Findings of fact made by the COMELEC are conclusive upon the Supreme Court.A. R.A. Sec.
8524) Time and Place for Holding Elections The time must be fixed by the authoritative power (i. Manner of Holding Elections While the manner of holding elections must be regulated. it will be sufficient if it is held in the manner prescribed for the holding of general elections. referendum or plebiscite. Manner and form should not be allowed to defeat the undoubted will of the people clearly expressed. or plebiscite. referendum or plebiscite except when it is destroyed or it cannot be used. (C. and a failure to observe them fully will not invalidate the election.A. 7166) Publication of Maps of Precincts At least 5 days before the first registration day and until after the election. adequate general notice must be given. Where a special election is provided for. BP 881) Polling Places Polling place. Sec. 152.8
same day. The polling places of the said precincts must be in the same building. specifications and materials as the COMELEC may provide to enable the voters to fill out their ballots secretly. 43 (c) as amended by R. where an election has been held in good faith and irregularities do not affect the result. the COMELEC shall post in the city or municipal hall and in 3 other conspicuous places and on the door of each polling place. laws in the case of regular elections. except what is being written within the booths. (Sec. and every 5 years thereafter. Such maps shall be kept posted until after the election.A. R. Simpson) Regulations prescribed are merely directory. a map of the city or municipality showing its division into precincts. the watchers and other persons who may be within the polling place. In case of emergencies which necessitate the changing of a polling place. But no changes shall be introduced within 45 days before a regular election and 30 days before a special election or referendum or plebiscite. BP 881) The polling place shall be so arranged that the booths. Each barangay shall have at least 1 such precinct. (Sec. PRE-ELECTION REQUIREMENTS PRECINCTS AND POLLING PLACES Precincts Precinct. the Constitution. 158. (Sec. (Sec. 149.
. shall be in plain view of the board of election inspectors. (Sec. BP 881) Designation of polling places The COMELEC may introduce changes in the location of polling places when necessary after notice to the registered political parties and candidates affected if any. BP 881) Where it is not practicable to divide a precinct by territory. the ballot boxes and the whole polling place. the table. defined . BP 881) The COMELEC may introduce adjustments. but no method of holding it is declared. changes or new divisions or abolish precincts if necessary.A.J. (Sec. (Sec. referendum. the executive or other designated power in the case of special elections). The place for holding elections shall be fixed by general law or by a proclamation or by the notice by which the election is called. (R. 7160.e. Such designated place shall be mandatory. 153.unit of territory for the purpose of voting (Sec. 8. 151. and hearing. No location shall be changed within 45 days before a regular election and 30 days before a special election. BP 881) Establishment of Precincts The COMELEC shall establish all election precincts. BP 881) Arrangements and Contents of Polling Places Each polling place shall have at least 10 voting booths of such size. the COMELEC may adjust or split the precinct by assigning the registered voters alphabetically and equitably among the adjusted or split precinct. 149. the term for elective barangay officials having been extended from 3 years to 5 years. defined POLLING PLACE: Building or place where the Board of Election Inspectors conducts its proceedings and where the voters cast their votes (Sec. 149. it is obvious that the manner prescribed is intended simply to secure the correct result.
BP 881) Printing of official ballots and election returns The official ballots and election returns shall be printed by the Government Printing Office and/or the Central Bank printing facilities exclusively. bear at the top middle portion the coat-of-arms of the Republic. (Sec. 163. (Sec. • • contain the names of all the offices to be voted for. (Sec. 159. the date of the election and the following notice in English. referendum or plebiscite. R. 7166) Emergency Ballots GR: No ballots other than the official ballots shall be used or counted. see to it that all polling places are inspected and such omissions and defects as may be found are corrected. the words. 23. Exception: "Emergency ballots" may be used if: failure to receive the official ballots on time there are no sufficient ballots for all registered voters the ballots are destroyed at such time as shall render it impossible to provide other official ballots. (Sec. BP 881) There shall be a guard rail between the voting booths and the table for the Board of Election Inspectors. “Fill out this ballot secretly inside the voting booth. “Official Ballot”.9
159 (d). the name of the city or municipality and the province. (Sec. COMELEC may prescribe a different form of official ballot on the same watermarked security paper to facilitate the voting by illiterate voters only and to use or adopt the latest technological and electronic devices in connection therewith. BP 881) The registered political parties or coalitions of parties (or their components should there be any dissolution or division of said coalition) whose candidates obtained at least 10% of the total votes cast in the next
. BP 881) The COMELEC shall post inside each voting booth and elsewhere in the polling place on the day before the election. 158. through its authorized representatives. BP 881) Inspection of polling places Before the day of the election. or plebiscite and during the voting period a list containing the names of all candidates or the issues or questions to be voted for. the Chairman of the COMELEC shall. (Sec. clear and legible watermarks that will readily distinguish it from ordinary paper. be in the shape of a strip with stub and a detachable coupon containing the serial number of the ballot and a space for the thumbmark of the voter on the detachable coupon. 182. BP 881) OFFICIAL BALLOTS. sufficient space or spaces with horizontal lines where the voter may write the name or names of the individual candidates voted for by him. allowing opposite the name of each office. have nothing printed or written at the back except the signature of the chairman of the Board of Election Inspectors
Notwithstanding the preceding provisions. storage and distribution thereof. In these cases. be printed in black ink on white security paper with distinctive. under the exclusive supervision and control of the COMELEC which shall determine and provide the necessary security measures in the printing. 184. referendum. the city or municipal treasure shall provide other ballots which shall be as similar to the official ones as circumstances will permit and which shall be uniform within each polling place.A. ELECTION RETURNS & BALLOT BOXES Form and Contents of ballots The ballots shall: • • be uniform in size. Do not put any distinctive mark on any part of this ballot”.
BP 881) Publication The COMELEC shall publish at least 10 days before an election. the COMELEC may appoint additional election officers for such duration as may be necessary. election returns and sample official ballots. the city or municipal treasurer. one for valid ballots and the other for spoiled ballots. 8189) In each city and municipality. BP 881) The ruling party and the dominant opposition party shall submit the names of their watchers who.A. R. 3a. If neither are available. No. R. (Sec. in the exercise of its inherent police power. Election Registration Board (Sec. 15. together with the representatives of the COMELEC and the provincial. city. the State undoubtedly. Proceeding from the significance of registration as a necessary requisite to the right to vote. (Sec. March 26. et al v. In thickly populated cities or municipalities.R. For registration is part and parcel of the right to vote and an indispensable element in the election process. or in his absence. 8189) Necessity of registration "The act of registration is an indispensable precondition to the right of suffrage. and (b) Local civil registrar. that even pre-election activities could be performed by the duly constituted authorities in a realistic and orderly manner – one which is not indifferent and so far removed from the pressing order of the day and the prevalent circumstances of the times. 186.147066. Composition (1) Chairman: Election Officer. to the incidental yet generally important end. certified data on the number of ballots and returns and the names and addresses of the printers and the number printed by each. at the rate of one set for every polling place. numbering. orderly and peaceful election. COMELEC. there shall be as many Election Registration Boards as there are election officers therein. in a newspaper of general circulation. 189. 2001) Qualifications and Disqualifications See previous discussion under Suffrage.A.A. and for election returns. there shall be a ballot box one side of which shall be transparent which shall be set in a manner visible to the voting public. G. Thus … registration cannot and should not be denigrated to the lowly stature of a mere statutory requirement. the COMELEC shall designate an acting Election Officer. Disqualifications No member of the Board shall be related to each other or to any incumbent city or municipal elective official within the 4th civil
. Ballot boxes On the day of the voting. R. 6646) Requisition and Distribution The official ballots and election returns shall be distributed to each city and municipality at the rate of one and one-fifth ballots for every voter registered in each polling place. REGISTRATION OF VOTERS Registration defined . and in the printing. (2) Members: (a) Public school official most senior in rank." (Akbayan. any other appointive civil service official from the same locality as designated by the COMELEC. may then enact laws to safeguard and regulate the act of voter’s registration for the ultimate purpose of conducting honest. storage and distribution thereof. 8. It shall contain two compartments.10
preceding senatorial election are each entitled to have a watcher and/or representative in the procurement and watermarking of papers to be used in the printing of election returns and official ballots. In case disqualified. and municipal treasurers shall verify the contents of the boxes containing the shipment of official ballots. (Sec. (Sec.the act of accomplishing and filing of a sworn application for registration by a qualified voter before the election officer of the city or municipality wherein he resides and including the same in the book of registered voters upon approval by the Election Registration Board.
et al v.A.11
degree of consanguinity or affinity. 45d. 6735) CAN A SPECIAL REGISTRATION FOR A REGULAR ELECTION BE CONDUCTED OUTSIDE THE PERIOD PRESCRIBED IN SEC. the Supreme Court held that Sec. 8189 explicitly provides that no registration shall be conducted during the period
registration has been cancelled on the ground of disqualification and such disqualification has been lifted or removed (Sec. R. a long process that takes about 3 weeks to complete not even counting how long it would take to prepare for the registration in the first place.A.
. July. If in succeeding elections.R. 8 of RA 8189. Registration of voters is not. or by any representative of a registered political party. 125.A. 2001). No. by any candidate. 8 of R. 45d. The purpose of having a 120-day prohibitive period is to enable the COMELEC to complete all the necessary pre-election activities. R. any of the newly elected city or municipal officials is related to a member of the Board within the 4th civil degree of consanguinity or affinity. COMELEC (G. in the case of an initiative or referendum.147066. 8189) Function
Meet quarterly on the 3 Monday of April. such member is automatically disqualified to preserve the integrity of the Election Registration Board. constitution of Board of Election Inspectors. Challenge of the right to register Any person applying for registration may be challenged before the Election Registration Board:
• • •
by any voter. Computerized Voters' List.A. The filing of the application must be done personally. or
an appointment. In the case of Akbayan. R. (Sec. including the Project of Precincts. 8189) However. March 26. When registration conducted
Registration of voters shall be conducted not less than 120 days before a regular election and 90 days before a special election. the COMELEC has the power to conduct continuing registration. October and January of every calendar year (or on the next following working day if such designated days fall on non-working holidays)
To hear and process all applications for registration. either: NOTE: It is an election offense to starting 120 days before a regular election.A. R. 8189 UNDER THE RESIDUAL OR STANDBY POWERS OF THE COMELEC UNDER SEC. R. merely the act of going to the Election Officer and writing the names down. 8189). Book of Voters and approved Voters Registration Records. the COMELEC is authorized to set a special registration day at least 3 weeks before the scheduled initiative or referendum. except during the period starting 120 days before a regular election and 90 days before a special election. 5. 8. (Sec. or
(2) appoint such ineligible person
knowing him to be ineligible (Sec. 8436? No. BP 881). contrary to popular opinion. Such registration shall be conducted daily in the office of the Election Officer during regular office hours. to assume office and to actually serve as a member of the Board although ineligible thereto (Sec. 8." Re-registration A voter who is registered in the permanent list of voters need not register anew for subsequent elections unless: (1) he transfers residence to another city or municipality. 28. It is "in fact.A. R.A. and Voters Information Sheet.
System of Continuing Registration Under Sec.
8189) List of voters The list of voters refers to an enumeration of names of registered voters in a precinct duly certified by the Election Registration Board for use in the election. R. Illiterate and Disabled Voters Any illiterate person may register with the assistance of the Election Officer or any member of an accredited citizen’s arm. R. 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.12
Such challenge must be made in writing. (6) EVIDENCE: Shall be based on the evidence presented.A. Otherwise the decision of the MTC becomes final and executory after said period. If the case involves the issue of a fictitious voter. or (2) registered mail. Sec. 32. (Sec. No motion for reconsideration shall be entertained. (7) DECISION: Petition shall be heard and decided within 10 days from date of filing. (Sec. The application for registration of a physically disabled person may be prepared by any relative within the fourth civil degree of consanguinity or affinity or by the Election Officer or any member of an accredited citizen’s arm using the data supplied by the applicant [Sec. the court shall decide these petitions not later than 15 days before the election and the decision shall become final and executory. However. or (3) posting in the bulletin board of city or municipal hall and in 2 other conspicuous places within the city or municipality
Appeals must be made within 5 days from receipt of notice. candidate or political party who may be affected by the proceedings may intervene and present his evidence. the court may order a party to pay the costs and incidental expenses of the suit should it find that the application was filed solely to harass the adverse party and to cause him to incur expenses.A. and shall implead the Board as respondents (4) COSTS: Generally. the nonappearance of the challenged voter on the day set for hearing shall be prima facie evidence that such voter is fictitious.
. The RTC shall decide the appeal within 10 days from the time the appeal was received. 14. no costs shall be assessed against any party. (5) INTERVENTION: Any voter. In no case shall a decision be rendered upon a stipulation of facts. R. RA 8189]. and its decision shall be final and executory. BP 881. In all cases. 18. under oath and must state the grounds therefor. Inclusion-exclusion cases Common rules governing judicial proceedings in the matter of inclusion. Cases appealed to the RTC shall be decided within 10 days from receipt of the appeal. 3 (d). 33.
Modes of service: (1) personal delivery. 8189) (1) TIME OF FILING: hours During office
(3) CONTENTS: Petition shall refer only to 1 precinct. Any candidate or authorized representative of an accredited political party upon formal request to an election registrar shall be entitled to a certified copy of the most recent list of voters upon payment of a reasonable fee.A. Jurisdiction and Appeal in Inclusion and Exclusion Cases MTC: RTC: original and exclusive jurisdiction appellate jurisdiction
NOTICE: Notice of the place. 138. 8189) The Board of Election Inspectors must post the final list of voters in each precinct 15 days before the date of the regular or special election or referendum or plebiscite. (Sec. exclusion and correction of names of voters (Sec.
(2) Any election officer.A. The following must be attached to the petition: Certified true copy of his registration record. R. However. 8189) WHO MAY ANNULMENT: FILE PETITION FOR
Such petition may be filed at any time except 100 days before a regular election or 65 days before a special election. (3) Any duly registered political party GROUNDS:
(2) • • • •
The book of voters was not prepared in accordance with the provisions of R. on the other hand serves the purpose of securing the voter’s substantive right to be included in the list of voters. (Sec. 8189) "The petition for exclusion is a necessary component to registration since it is a safety mechanism that gives a measure of protection against flying voters. COMELEC. It shall be decided within 10 days from filing. The prohibitive period.13
R. any representative of a political party. R. 8189) Petition for Exclusion of Voters from the List The following may petition for the exclusion of a voter from the permanent list of voters: • • • any registered voter.
(3) Proof that the petitioner has served notice of his application to the Board Annulment of Book of Voters (Sec. The book of voters was prepared through: Fraud. 37. 2001) The citizenship of a person to be stricken from the list may be decided in the exclusion proceedings. the Election Officer (2) (1)
If the petition is denied or not acted upon. or identification card.
. Bribery. Forgery. 8189) Petition for Inclusion of Voters in the List The following may included in the voters’ list: • petition to be
WHAT MAY BE FILED?
any person whose application by registration has been disapproved by the Board of Election Inspectors or any person whose name has been stricken out from the list
Petition for reinstatement .A. R.A.A.A. 35. Impersonation.147066.A. March 26. 3c.filed by any registered voter who has not been included in the precinct certified list of voters Petition for correction of name filed by any registered voter who has been included in the precinct certified list of voters with a wrong or misspelled name With the Election
WHERE FILED? Registration Board
Petitioner may apply at any time except 105 days prior to a regular election or 75 days prior to a special election. 8189) The book of voters refers to the compilation of all registration records in a precinct.R. G. the decision does not acquire the nature of res judicata considering the summary character of the case. (Sec." (Akbayan. and the like. Voters Excluded Through the Inadvertence or Registered with an Erroneous or Misspelled Name (Sec. et al v. (Sec. 8189. No. 39. R. R. 8189)
(1) Any voter. Proof that his application was denied or not acted upon by the Board. non-qualified registrants. the voter may file on any date with the proper MTC a petition for an order directing that the voter's name be entered or corrected in the list. or the entry of his name in the list of voters used in the preceding election.A. 34.
7491) 2 Kinds: (1) national party. who shall then submit such application to the Election Registration Board for appropriate action. a party whose constituency is spread over the geographical territory of at least a majority of the regions. rebellion.A. i. 27. ruling or decision annulling a book of voters shall be executed within 90 days before an election.A. R.an organized group of citizens advocating an ideology or platform. R. (Sec. violation of the firearms law) or any crime against national security. unless subsequently removed.e.
WHERE FILED: With the Election Officer. 8189) CAUSES OF DEACTIVATION: (1) The 3 grounds disqualification to namely: for vote. 60. and (2) regional party.
(a) Sentence by final judgment to suffer imprisonment for not less than one (1) year. 8189) PETITION FILED: Sworn application for reactivation of registration in the form of an affidavit stating that the grounds for the deactivation no longer exist WHO MAY FILE: Any voter registration has deactivated whose been
The book of voters shall be annulled after due notice and hearing by the COMELEC after the filing of a verified petition. (b) Adjudgment by final judgment of having committed any crime involving disloyalty to the duly constituted government (e. R.
. unless restored to his full civil and political rights in accordance with law.e. sedition. (c) Declaration of insanity or incompetence by competent authority. BP 881) . and (4) Loss of Filipino citizenship Reactivation of registration (Sec. Deactivation and reactivation of registration Deactivation of registration (Sec. 28. No order. such disability not having been removed by plenary pardon or amnesty. as shown by the voting records (Note: SK elections are NOT considered regular elections for this purpose).an organized group of persons pursuing the same ideology. or Any similar irregularity The book of voters contains data that are statistically improbable (3) Court order for exclusion of registration. a party whose constituency is spread over the geographical territory of at least a majority of the cities and
to vote in the 2 successive preceding regular elections. regularly nominates and supports certain of its leaders and members as candidates for public office. i. Force.g.A. WHEN FILED: Not later than 120 days before a regular election and 90 days before a special registration REGISTRATION OF POLITICAL PARTIES Political Party defined . (Sec.14
• • • Intimidation. 3c. political ideas or platforms of government and includes its branches and divisions. as the most immediate means of securing their adoption. principles and policies for the general conduct of government and which.
Note that this privilege is only available to the ruling party and
After due notice and hearing. Sec. IX-C. BP 881) those which seek to achieve their goals through violence or unlawful means (Art. 7. 189.
(2) Qualify for subsequent accreditation.A.A. R. 62 which states that resolution of the petition for registration or accreditation shall be 15 days from the date of submission for decision. To have a watcher in every Election Registration Board (Sec. the COMELEC shall resolve the petition within 10 days from the date it is submitted for decision. (2) The COMELEC shall require publication of the petition for registration or accreditation in at least three newspapers of general circulation. 2 (5). R. 60. 8045 and R. BP 881)
Rights and privileges granted A registered political party is entitled to the following rights and privileges:
To be voted upon as a party. Note however the discrepancy with Sec. IX-C. 15. election returns and sample official ballots received by the provincial. IXC. 8189).
To have one watcher in every polling place and canvassing center (Sec. Sec. 61. 1987 Constitution. platform or program of government and such other relevant information as may be required by the COMELEC. To inspect and/or copy at its expense the accountable registration forms and/or the list of registered voters in the precincts constituting the constituency at which the political party is fielding candidates (Sec. Sec.)
Who may not be registered The following may not be registered as political parties:
religious denominations and sects (Art.A.A. 7166 as amended by R. 2 (5). 1987
provinces comprising the region. (Sec. 6646). and
them to the rights and privileges granted to political parties. 7166). BP 881.A. To be present and to have counsel during the canvass of the election returns (Sec. 42. BP 881.A. 1987 Constitution). R. juridical the dominant opposition party. Purpose of registration The purpose of registration of political parties with the COMELEC is to enable them to: (1) Acquire personality. R. R. 8. 8173) Procedure (1) The political party seeking registration may file with the COMELEC a verified petition attaching thereto its constitution and by-laws.A. 25. 61. storage and distribution thereof (Sec. 8189) To have a watcher and/or representative in the procurement and watermarking of papers to be used in the printing of election returns and official ballots and in the printing. 26. city and municipal treasurers (Sec. Sec. provided that it is registered under the party-list system (Art. (Sec. R. To have watchers who shall verify the contents of the boxes containing the shipment of official ballots. 6646) To receive the 4th copy (if the dominant majority party) or the 5th copy (if the dominant minority party) of the election returns (Sec. numbering.
6 (3). R. The party declares untruthful statements in its petition for registration (Sec.16
Constitution. (Sec. IX-C. VP. The party has ceased to exist for at least 1 year (Sec. 6 (8). The party is a foreign party or organization (Sec. The party fails to participate in the last 2 preceding elections (Sec. R. whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes (Sec. A. 1987 Constitution)
The party violates or fails to comply with laws. City or Municipal Officers the election REGISTRATION FOR PARTY-LIST Party-list system defined a mechanism of proportional representation in the election of representatives to the House of Representatives from national. after due notice and hearing. R.. 7941). (Sec. 2 (5). 7941)
Forfeiture of status and cancellation of registration Forfeiture of status Any registered political party that. the COMELEC may refuse or cancel registration either motu propio or upon verified complaint of any interested party. 2 (5). organization or association organized for religious purposes (Sec. 61. rules or regulations relating to elections (Sec. organization. 6 (5). 6 (7). 6 (6).A. 1987 Constitution) those supported by foreign governments (Art.A.A. 7941). Sec.A.A.A. 2 (5).
. 881) Sec.A. R. Sec. 6. Sec. R. (Sec. 6 (4). after notice and hearing be deemed to have forfeited such status as a registered political party in such constituency. BP 881) Cancellation of registration The following are grounds for cancellation of registration of a political party:
Under the party-list system. 7941). 6 (2). R. The party is receiving support from any foreign government.A. 7166) No political convention or meeting for the nomination or election of the official candidates of any political party or organization or political groups or coalition thereof shall be held earlier than the following periods: Pres. R. singly or in coalition with others. 6. IX-C. 6 (8). foundation. The party advocates violence or unlawful means to seek its goal (Sec. 60. 7941). R. regional and sectoral parties or organizations or coalitions
Accepting financial contributions from foreign governments or their agencies (Art. the party fails to obtain at least 2% of the votes in the 2 preceding elections for the constituency in which it has registered. 7941). IX-C. R. Senators: 165 days before the date of the election Members of the House of Representatives 75 days before the day of Elective Provincial. 7941).A. 7941). 6 (1).A. BP
those which refuse to uphold and adhere to the Constitution (Art. 7941) Nomination and selection of official candidates (Sec. The party is a religious sect or denomination. 7941). R. foreign political party. R. fails to obtain at least 10% of the votes cast in the constituency in which it nominated and supported a candidate or candidates in the election next following its registration shall. If registered under the party-list system. 1987 Constitution).
2 (5).to enable Filipino citizens belonging to marginalized and underrepresented sectors. i. groups of citizens or coalitions of groups of citizens who share similar physical attributes or characteristics. youth. 1987 Constitution). 7941). peasant. (Sec.A. 7941) Who may be registered Petition verified by the party/organization/coalition's president or secretary.e. handicapped. overseas workers. 6 (1). 7941). R. elderly.
(4) Coalitions. 7941) Grounds for refusal and/or cancellation of registration The following are grounds for refusal and/or cancellation of registration of a party. (6) Other relevant information as may be required by the COMELEC After due notice and hearing. and professional sectors. organizations and parties. Component parties or organizations of a coalition may participate independently. 7941. 6 (3). 6 (2). WHEN FILED: Not later than 90 days before the election ATTACHMENTS: (1) Constitution. 2. fisherfolk.
3. R. regional or sectoral party or organization or a coalition of such parties or organizations. R. organizations. R. the COMELEC shall resolve the petition within 15 days from the date it was submitted for decision. regional. However. and who lack welldefined political constituencies but who could contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole. 7941). (4) List of officers. i. provided the coalition of which they form part does not participate in the party-list system. they must file with the COMELEC a manifestation of such desire to participate not later than 120 days before the election. 7941). R. The petition must state its desire to participate in the party-list system as a national.e. R.A. veterans.A. 7941) Purpose of party-list system . i. urban poor. R. 3d.A. 7941). (5) Coalition agreement (as applicable). (2) By-laws. (Sec. should they wish to participate in the party-list system. women. parties. 3e. organized groups of citizens belonging to the labor. 3f. IX-C. organization or association organized for religious purposes (Sec. 3. employment. 11. R. (Sec.A. (Sec.e. 5. indigenous cultural communities.A. Sec. to become members of the House of Representatives. The party advocates violence or unlawful means to seek its goal (Sec. R. sectoral parties or organizations for political and/or election purposes (Sec. R. but not later than 60 days before election.A. (3) Platform or program of government.17
thereof registered with the COMELEC.
.A. interest or concerns (Sec. R. The party is a religious sect or denomination.
Accepting financial contributions from foreign governments or their agencies (Art.
2. 4.A.A. organizations or coalitions that are already registered with the COMELEC need not register anew.A. 8436) Procedure for registration PETITION:
4. The party is a foreign party or organization (Sec. 7941) Parties. as amended by Sec. aggrupations of duly
registered national. and whose principal advocacy pertains to the special interest and concerns of their sector (Sec. organization or coalition wishing to participate in the party-list system:
parties (See discussion in previous section).
The COMELEC may refuse or cancel registration either motu proprio or upon verified complaint of any interested party. However. 7941). 15) person may be nominated in 1 list only. 8)
8. such nominees must be at least 25 but not more than 30 yrs. A. (Sec.A. rules or regulations relating to elections (Sec. 7941) Each registered party.
7. 6 (5). or (c) Becomes incapacitated in which case the substitute nominee shall be placed last in the list (Sec. 8)
.A. R. This list must be submitted not later than 45 days before the election.A. organization or coalition shall submit to the COMELEC a list of not more than 5 names from which party-list representatives shall be chosen in case it obtains the required number of votes. (Sec. R.A. In case of youth sector nominees. R. these may be allowed when the nominee either: (a) Dies. 7941) Nomination of party-list representatives (Sec. 7941). organization.A. whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes (Sec. 6 (7).
10. foreign political party. The party fails to participate in the last 2 preceding elections (Sec.18 5. 9) elected party-list representative who changes his political party or sectoral affiliation within 6 months before an election is not eligible for nomination as party-list representative under his new party or organization. (Sec. the party fails to obtain at least 2% of the votes in the 2 preceding elections for the constituency in which it has registered. 7941) must be a registered voter. 7941). (Sec. 6 (6). 6 (4). after due notice and hearing. The nomination of party-list representatives is subject to the following limitations: (1) The nominee must have all of the qualifications and none of the disqualifications for the exercise of the right of suffrage. or (b) Withdraws his nomination in writing. R. 6. 6 (8). and at least 25 years on the day of the election. 8) list cannot include any candidate for any elective office or any person who has lost his bid for an elective office in the immediately preceding election. old on the day of the election. he/she
(7) Changes of name or alterations in the order of nominees are generally not allowed after the list has been submitted to the COMELEC.
nominee must be a bona fide member of the party or organization which he/she seeks to represent for at least 90 days preceding the day of the election. (Sec.
6.A. 8. The party has ceased to exist for at least 1 year (Sec. 8) persons who have given their consent in writing may be named in the list. (Sec. The party declares untruthful statements in its petition for registration (Sec. R.
The party is receiving support from any foreign government. R. 6 (8). R. able to read and write. (Sec. (Sec. The party violates or fails to comply with laws. 7941). 7941). If registered under the party-list system. Moreover.
which is increased according to proportional representation. organization.19
Party-list and district representatives distinguished Every voter is entitled to 2 votes: the first is a vote for candidate for member of the House of Representatives in his legislative district. i.
Procedure for accreditation (1) FILING OF ACCREDITATION PETITION FOR
Any group seeking accreditation may file a petition for accreditation. duly verified by its President. business or labor sectors with identifiable leadership. A party-list representative is prohibited from sitting as representative under his new party or organization. professional. Chairman of the Board of
A district representative is not prevented from running again as a district representative if he/she lost during the previous election. and the second. Party-list representative Scope of electorate Elected nationally. association or organization from the civic. ACCREDITATION OF A CITIZENS' ARM Who may be accredited
Voted upon by party or organization. with party-list organizations garnering at least 3% of all the votes cast for the partylist system entitled to 1 seat. A special election may be held provided that the vacancy takes place at least 1 year before the next election. It is only when a party is entitled to representation that it designates who will sit as representative. in which case he/she will be substituted by another qualified person in the party /
Any bona fide non-partisan group. based on the list submitted to the COMELEC. membership and structure. Effect vacancy of A substitution will be made within the party. by name. a vote for the party. but is in no way to exceed 3 seats per organization No special residency requirement District representative Elected according to legislative district by the constituents of such district Effect change affiliation within months prior election of in 6 to organization based on the list submitted to the COMELEC. or coalition he wants represented in the House of Representatives.e. Procedure) Sec. This does not prevent a district representative from running under his new party. educational. and with demonstrated capacity to promote the public interest and assist the COMELEC in the performance of its functions and activities as mandated by the Constitution and by law (Rule 33.
Effect of loss during previous election
Must be a resident of his legislative district for at least 1 year immediately before the election Elected personally. COMELEC Rules of
Effect of disaffiliation with party
Does not lose seat if he/she changes party or affiliation. A party-list representative cannot sit if he ran and lost in the previous election. youth. 1. Loses his seat.
goals or programs through violence or other unlawful means. in the constituency where it seeks accreditation. (c) Nature of its membership. organization or coalition of political parties. (e) That it shall strictly remain nonpartisan and impartial during the registration and election periods. association. whether natural or juridical person. (b) That it is not supporting any candidate. and such other functions and activities which the COMELEC may assign. any contribution or aid of whatever form or nature from any foreign government or any of its agencies or instrumentalities. If the decision is for the accreditation of the petition. The petition for accreditation must state the following: (a) The constituency to which petitioner seeks accreditation. group or organization. (f) That it is not supported by or under the influence of any foreign government or any of its agencies or instrumentalities. Publication shall be at the expense of the petitioner. directly or indirectly.20
Directors. and (c) The political exercise for which it is accredited Revocation and expiration of accreditation REVOCATION: May be done by the COMELEC after notice and hearing for any of the following acts: (1) The citizens' arm has showed or acted with partiality in any political issue or to any political party. whether natural or juridical person. and an assurance of its capability to undertake a coordinated operation and activity to assist the COMELEC. names of its officers or organizers. political party. or from any foreigner. (3) HEARING OF PETITION The accreditation of the petitioner may be opposed by any person. (b) The constituency to which it is accredited.
(g) That it shall not solicit or receive.
(2) SETTING OF PETITION FOR HEARING Upon the filing of the petition. and
. a certificate of accreditation shall be issued stating the following: (a) The name of the group or organization. the COMELEC may motu proprio require the petitioner to present evidence to support its petition for accreditation. destroy its character of non-partisanship and impartiality. group. (4) DECISION The COMELEC shall then render its decision. nor aim to propagate any ideology opposed to the principles of a republican and democratic government. However. and such other functions and activities provided by law. or of any foreigner. (d) That it shall submit itself to the direct and immediate control and supervision and comply with the orders of the COMELEC in the performance of its specific functions and activities provided by law. (h) That it does not seek to achieve its objectives. political party or coalition of political parties possessing relevant information or evidence against the petitioner by filing a verified opposition. or any of its duly authorized officers. the COMELEC en banc shall immediately set the petition for hearing. (i) That it undertakes to police its ranks and prevent infiltration by persons or groups of persons who may. directly or indirectly. The COMELEC may order the publication of the petition in a newspaper of general circulation if it deems such necessary. notwithstanding the absence of any opposition. location of principal office or place of business. organization or coalition of political parties.
(Sec. his title to the office may be seasonably challenged. 11. R. BP 881) Guest Candidacy A political party may nominate and/or support candidates not belonging to it. (See Frivaldo v. who has filed a certificate of candidacy by himself or through an accredited political party. Qualifications prescribed by law are continuing requirements and must be possessed for the duration of the officer's active tenure. EXPIRATION: The accreditation automatically lapses at the end of the election period of the political exercise for which the petitioner was accredited as citizens' arm. R. No certificate shall be filed by mail. Residence.City or municipal election registrar Contents of certificate of candidacy The certificate of candidacy shall state the following: • That the person filing the certificate is announcing his candidacy for the office stated therein and that he or she is eligible for such office. BP 881) Note however that this is not applicable in cases of political parties registered under the party-list system.21
(2) It has performed acts in excess of its duties and functions as provided by law. COMELEC. Once any of the required qualifications are lost. or coalition of parties. Mode of Filing
Certificates must be filed by the candidate personally or by his duly authorized representative. Qualifications See the provisions of the Constitution for the qualifications of candidates for President. (Sec. See the provisions of the Local Government Code for the qualifications of local elective officials. Civil status. as nominees must necessarily be bona fide members of the party. 174 SCRA 245. Vice-President. 70.A. CERTIFICATES OF CANDIDACY Candidate defined Any person aspiring for or seeking an elective public office. COMELEC. and Member of the House of Representatives. Senator. (Sec. 7. telegram or facsimile. 79. Labo v.A. or (3) It has failed to comply with the conditions imposed upon it in the decision granting accreditation. (Sec. The political party to which the candidate belongs. 176 SCRA 1) Filing of certificate of candidacy To be eligible for any elective public office.Provincial election supervisor If NCR district: File with Regional Election Director If legislative district in cities outside NCR which comprise one or more legislative districts: File with City election registrar concerned Provincial Offices supervisor Provincial election
City / Municipal Offices .
• • • • • •
. 7166) Time of Filing Certificates of candidacy must be filed in 12 legible copies not later than 120 days before the elections. Post office address for all election purposes. Profession or occupation. aggroupment. one must file a certificate of candidacy within the period fixed by the Omnibus Election Code. Date of birth. 8436) Place of Filing The certificates of candidacy shall be filed in the following places: President Vice-Pres Senator | | COMELEC main office (Mla) |
R. legal orders. (3) nuisance candidacy. That the facts stated in the certificate of candidacy are true to the best of his knowledge. 14 of R. (3) Insanity or incompetence. BP 881)
Acts (1) Sentence by final judgment
.6. running for any officer other than one which he is holding in a permanent capacity. without mental reservation or purpose of evasion. if so required by his/her employer. That the obligation imposed by oath is assumed voluntarily. there was substantial compliance with Sec. 9006) Withdrawal of certificate A person who has filed a certificate of candidacy may withdraw the same prior to the election by submitting to the office concerned a written declaration under oath. commentator. (Sec. BP 881)
residence or immigrant status in a foreign country. 68. Any mass media columnist. COMELEC The certificate of candidacy of petitioner for the office of provincial board member was filed by his political party. (Sec. he filed his certificate of candidacy for mayor. Disqualifications According to Prof. (2) Lack of residency requirement. 73. announcer. 9006 (Fair Election Act of 2001). BP 881) RAMIREZ V. on-air correspondent or personality who is a candidate for any elective public office shall be deemed resigned. or administrative liabilities which a candidate may have incurred.A. and decrees promulgated by the duly constituted authorities. 11 of R. 6. (Sec. he filed a petition to withdraw his certificate of candidacy for the office of the board member and to declare subsisting his certificate of candidacy for mayor. he may declare under oath the office for which he desires to be eligible and cancel the certificate of candidacy for the other office or offices provided that this is done before the expiration of the period for the filing of certificates of candidacy. His filing under oath within the statutory period of his individual candidacy for mayor was a rejection of the party nomination of the other officer. shall be considered ipso facto resigned upon the start of the campaign period") have been repealed by Sec.
Note: Sec. as declared by competent authority. and (4) falsity of material representation in the certificate of candidacy. attaching his written declaration under oath withdrawing his certificate of candidacy for board member. Status (1) Lack of Filipino citizenship. Effects of filing
The filing of the withdrawal shall not affect whatever civil. If a candidate files a certificate of candidacy for more than 1 office.A. 73 of the Omnibus Election Code. disqualifications may be classified into 4 categories: (1) status.A. 67 of BP 881 and the first proviso of Sec. Since the certificate of candidacy for the position of board member was filed by his party and the said party had withdrawn that nomination. 8 days later. That he / she is not a permanent resident or immigrant to a foreign country. criminal. unless such person has waived his status as permanent resident or immigrant in accordance with the residence requirement provided for in the election laws (Sec.22
That he / she will support and defend the Constitution of the Philippines and will maintain faith and allegiance thereto. or shall take a leave of absence from his/her work as such during the campaign period. reporter. 73. 8436 (which states that "Any elective official. (2) acts. That he / she will obey the laws. except for President and Vice-President. However. he shall not be eligible for any of them. Barlongay. 15 minutes before the deadline.
or the casting of any vote. inflicted or produced any violence. rebellion. Moral turpitude is an act of a baseness. compelled. regardless of the fact that it is punishable by law or not. cf. 68e. punishment. received or made any contribution prohibited under the Omnibus Election Code (Sec. Sec. 68e. BP 881. 68e. to aid. 261e). intimidated. Moral turpitude implies something immoral in itself. or depravity in the private duties which a man owes to his fellow men. BP 881). Any offense involving moral turpitude. or any promise of such registration. Sec. BP 881. BP 881. 68e. destroyed. or the participation in any campaign. contrary to the accepted and customary rule of right and duty between man and woman or conduct contrary to justice. 68b. loss or disadvantage upon any person or that of the immediate members of his family. etc. disbursement or expenditure of public funds 45 days before a regular election (or 30 days in the case
Having given money or other material consideration to influence. honesty. 80). 261d). The general rule is that crimes mala in se involve moral turpitude while crimes mala prohibita do not. 89. his honor or property. BP 881. Having violated the prohibition against release. (Dela Torre v. campaign or vote for or against any candidate or any aspirant for the nomination or selection of candidates (Sec. or actually caused. vileness. induce or corrupt the voters or public officials performing electoral functions (Sec. BP 881. Sec. cf. Having violated the rules and regulations on election propaganda through mass media (Sec. 68c. damage. Sec. 68e. any of his subordinates or members. 83). or used any fraudulent device or scheme to compel or induce or prevent the registration of any voter. 191 SCRA 229)
Having engaged in election campaign or partisan political activity outside the campaign period and not pursuant to a political party nomination (Sec. 68e. or employees. Having committed acts of terrorism to enhance his candidacy (Sec. cf. Having removed. Secs. 261k). 96. Sec. modesty or good morals. 68d. or in any manner influenced. intimidated. obliterated. Having coerced.
. Sec. cf. 95. or to society in general. BP 881). BP 881. BP 881. vote. campaign. directly or indirectly.23
for: • • Subversion. 68a. or omission therefrom (Sec. cf. Having solicited. injury. 86). COMELEC. cf. Having engaged in unlawful electioneering (Sec. defaced or tampered with or prevented the distribution of lawful election propaganda (Sec. BP 881). cf.
Any offense for which the candidate has been sentenced to a penalty of more than 18 months of imprisonment. insurrection. Having spent in his election campaign an amount in excess of that allowed by the Omnibus Election Code (Sec. 97 and 104). Having directly or indirectly threatened.
1996). it was held that Rodriguez could not be considered a "fugitive from justice" because his arrival in the Philippines from the U. him.A. thereof (Sec. Manzano (LocGov) (5) Fugitives from justice in criminal and non-political cases here and abroad. COMELEC Reyes. after being charged. No. 78 of BP 881.24
of a special election) (Sec. 261v). Although the COMELEC disqualified him. preceded the filing of the felony complaint in the Los Angeles Court and the issuance of the arrest warrant by the same foreign court by almost 5 months. COMELEC’s decision to disqualify proclaimed Reyes as the mayor. 69. and thus prevents a faithful determination of the true will of the electorate. 251cc)
The election of Reyes did not render the administrative charges against him moot and academic. 243 SCRA 358) In the case of Rodriguez v. cf. was disqualified from running for re-election. A "fugitive from justice" includes "not only those who flee after conviction to avoid punishment.R. July 24. BP 881. See Mercado v. 68e.
Having solicited votes or undertaken any propaganda on the day of election for or against any candidate or any political party within the polling place or within a radius of 30 m. R. Disqualifications under the Local Government Code (Sec. (4) Those with dual citizenship. And there can only be an intent to evade prosecution or punishment when there is knowledge by the fleeing subject of an already instituted indictment. BP 881. the incumbent mayor. or
Clearly demonstrating that he/she has no bona fide intention to run for the office which the certificate of candidacy has been filed. or (b) To cause confusion among the voters by the similarity of the names of the registered candidates. (3) Those convicted by final judgment for violating the oath of allegiance to the Republic of the Philippines. or of a promulgated judgment of conviction. 7160) (1) Those sentenced by final judgment for an offense punishable by one year or more of imprisonment and within 2 years after serving sentence. Sec. COMELEC (G. Despite this. COMELEC. the Board of Election Canvassers. Sec. REYES V. but likewise those who." (Marquez v. unaware of
.S. The Supreme Court held that the intent to evade is the compelling factor that animates one’s flight from a particular jurisdiction. 40. was found guilty in an administrative complaint. BP 881)
Falsity of material representation Falsity of a material representation in the certificate of candidacy is a ground for the denial of due course to or cancellation of a certificate of candidacy under Sec. 68e. He was therefore validly removed from office and pursuant to the Local Government Code. he filed a certificate of candidacy. (2) Those removed from office as a result of an administrative case. The decision to remove him was served on Reyes and thereafter became final because he failed to appeal to the Office of the President. flee to avoid prosecution. cf. (6) Permanent residents in a foreign country or those who have acquired
Nuisance candidacy A nuisance candidate is one who files a certificate of candidacy: (a) To put the election process in mockery or disrepute. 120099. (Sec.
or actually causes. bribes. injury. before the expiration of the period for the filing of certificates of candidacy. and certified. Frivaldo was able to reacquire Philippine citizenship on June 30. harasses. 77. intimidates. torture. Such petition shall be filed any time not later than 25 days from the time of filing of the certificate. his honor or property that is meant to eliminate all other potential candidate. the person who was filed more than one certificate of candidacy may declare under oath the office for which he desires to be eligible and cancel the certificate of candidacy for the other office or offices. to hold such office and to discharge the functions and responsibilities thereof as of the said date. punishment. Certified List of Candidates The COMELEC shall cause to be printed a certified list of candidates for each office to
. COMELEC Frivaldo was previously declared as an alien. 1995. he was therefore already qualified to be proclaimed. threatens. he shall not be eligible for any of them. directly or indirectly.between the day before the election and midday of the election day the certificate may be filed with any Board of Election Inspectors in the political subdivision where he is a candidate or with the COMELEC if it is a national position. An official begins to govern or discharge his functions only upon his proclamation and on the day the law mandates his term of office to begin. R. coerces. Despite this. (Sec. The filing or withdrawal of a certificate of candidacy shall not affect whatever civil. 8295) The following persons are disqualified from running in a special election called to fill the vacancy in an elective office. . inflicts or produces any violence. BP 881) Petition to deny due course or to cancel certificate A verified petition to deny due course to or cancel a certificate of candidacy may be filed by any person EXCLUSIVELY on the ground that a material misrepresentation contained therein as required is false.m. criminal or administrative liabilities which a candidate may have incurred. The election occurred on May 8. BP 881) Prohibition against Multiple Candidacies No person shall be eligible for more than one office to be filled in the same election. However. 78.after the last day for filing of the certificates of candidacy ONLY a person belonging to. (Sec. loss or disadvantage to any person or persons aspiring to become a candidate or that of the immediate member of his family. damage. (7) Those who are insane or feebleminded. and if he files his certificate of candidacy for more than one office. withdrawal occurs: disqualification or
the right to reside abroad and continue to avail of the same right after the effectivity of the Local Government Code.A. 4. Since Frivaldo reassumed his citizenship on the very day the term began. and shall be decided not later than 15 days before the election. by the same political party. Philippine citizenship is an indispensable requirement for holding an elective public office. Special Disqualifications under the Lone Candidate Law (Sec. provided that evidence of their guilt is strong: (1) Any elective official who has resigned from his office by accepting an appointive office or for whatever reason which he previously occupied but has caused to become vacant due to his resignation. 1995 through repatriation by taking his oath of allegiance at 2:00 p. he was able to file his certificate of candidacy. FRIVALDO V. Effect of death. may file a certificate of candidacy to replace him. disqualification or withdrawal If the death. (2) Any person who.
cards. Cloth. BP 881) Officers or employees of the civil service are prohibited from engaging directly or indirectly in any electioneering or partisan political campaigns. 6646) ELECTION CAMPAIGN & EXPENDITURES ELECTION CAMPAIGN Election campaign or partisan political activity It is an act designed to promote the election or defeat of a particular candidate or candidates to a public office. XVI. IX-B.
Members of the board of election inspections are prohibited from engaging in any partisan political activity or from taking part in the election except to discharge their duties as such and to vote. • Paid advertisements in print or broadcast media. or other written or printed materials the size of which does not exceed 8 ½ inches in width and 14 inches in length. leaflets.26
be voted for in each province. B. R. with an area not exceeding 2 feet by 3 feet. 5 (3).A. Sec. 173. (Art. paper or cardboard posters. 80. city or municipality immediately followed by the nickname or stage name of the candidate and his political affiliation. It does not include public expressions of opinions or discussions of probable issues in a forthcoming election or on attributes or criticisms of probable candidates proposed to be nominated in a forthcoming political party convention. The names of all candidates followed by his nickname or stage name shall also be printed in the election returns and tally sheets. 881) Lawful election propaganda (Sec. (Art. 2 (4). Such advertisements must comply with the following requirements:
Any published or printed political matter and any broadcast of election propaganda by TV or radio for or against a candidate or group of candidates to any public office shall bear and be identified by the reasonably legible or audible words “political advertisement paid for” followed by the true and correct name and address of the candidate or party
. (Sec. Whenever practicable.P. 9006) The following are lawful election propaganda: • Pamphlets. (Sec. The list shall be posted inside each voting booth. R. political party or association of persons to engage in an election campaign or partisan political activity except during the campaign period. the Board of Election Inspectors shall cause said list of candidates to be written on the blackboard or manila paper for posting inside the polling place. 3. 4. stickers. Such streamers may be displayed 5 days before the date of the meeting or rally and shall be removed within 24 hours after said meeting or rally. Sec. whether framed or posted. Handwritten or printed letters urging voters to vote for or against any particular political party or candidate for public office. 1987 Constitution) Campaign period
NOTE: Streamers not exceeding 3 feet by 8 feet in size are allowed at the site and on occasion of a public meeting or rally or in announcing the holding of such meeting or rally. (Sec. 1987 Constitution) Members of the military are prohibited from engaging directly or indirectly in any partisan political activity except to vote. if any. decals. Prohibitions • • It is prohibited for any person. Violation of this prohibition constitutes an election offense.A.
to contribute or make any expenditure in connection with any election campaign or partisan political activity
If the broadcast is given free of charge by the radio or TV station. Prohibited Acts It is prohibited: For any foreigner:
to aid any candidate or political party. To this end.3. 4. 2347 insofar as it prohibits the posting of decals and stickers on cars and other moving vehicles since it infringes on the right to freedom of expression. political organization or any person:
to give or accept. 4.A. broadcast or outdoor advertisements donated to the candidate or political party shall not be printed. (Sec. on the day preceding the election. Sec. 9006) Print. and on the day of the election. 9006. directly or indirectly. destroy. 6. money or things of value for such purpose. COMELEC (207 SCRA 712) In this case. The restriction is so broad as to include even a citizen's privately-owned vehicle. published. and of the denial of due process of law.
Badoy v COMELEC (35 SCRA 285) The prohibition against certain forms of election propaganda was upheld as a valid exercise of police power.1.27
for whose benefit the election propaganda was printed or aired. 9006)
For any person during the campaign period:
to remove. directly or indirectly.
. to give or contribute. (Sec. the Supreme Court declared as unconstitutional COMELEC Resolution No.
All other forms of election propaganda not prohibited by the Omnibus Election Code or the Fair Election Act of 2001.A. R. R. Mass Media Equal access to media time and space All registered parties and bona fide candidates are guaranteed equal access to media time and space under the Fair Election Act.
For any candidate. free of charge.” Sanidad vs COMELEC ( 181 SCRA 529) But this evil does not obtain in a plebiscite where the electorate is asked to vote for or against issues not candidates. R.A.A.3. obliterate or in any manner deface or tamper with lawful election propaganda. 9006)
to take part or influence in any manner any election. the COMELEC has the power to supervise the use and employment of press. 4. broadcast or exhibited without the written acceptance by the said candidate or political party. cf. food or drinks or things of value during the five hours before and after a public meeting. radio and television facilities insofar as the placement of political advertisements is concerned to ensure that candidates are given
Adiong v.2. to prevent the distribution of lawful election propaganda party. transportation. R. “to prevent the perversion and prostitution of the electoral apparatus. (Sec. Such written acceptance must be attached to the advertising contract and submitted to the COMELEC within 5 days after its signing. it shall be identified by the words "airtime for this broadcast was provided free of charge by" followed by the true and correct name and address of the broadcast entity. directly or indirectly. which is equivalent to deprivation of property without due process of law.
P. TV station or any public forum during the campaign period. Media practitioners or personalities who are candidates for any elective public office or are campaign volunteers for or employed or retained in any capacity by any candidate or political party shall be deemed resigned. Rallies. Of course. political parties must follow the requirements of local ordinances on the issuance of permits.
fide candidates and registered political parties running for nationally elective office are entitled to not more than 120 minutes of TV advertisement and 180 minutes of radio advertisement whether by purchase or by donation. in broadsheet and 1/2 page in tabloids thrice a week per newspaper. 881) The holding of peaceful political rallies during the campaign period is allowed. 881) The political party or candidate must notify the election registrar of any rally. meetings and other political activity Application for permits to hold rally (Sec. date. Pursuant to such end: • Print advertisements shall not exceed 1/4 page. • No franchise or permit to operate a radio or TV station shall be granted or issued. promoting or opposing any political party or the candidacy of any person for public office within 5 days after its signing. The same is true for movies. B.P. and the receipt thereof acknowledged in writing. B. or shall take a leave of absence from their work as such during the campaign period. Notification of election registrar (Sec. • All mass media entities are required to furnish the COMELEC with a copy of all contracts for advertising. it is deemed approved. if so required by their employer. Media practitioners Moreover. during the campaign period. Such applications must be acted upon in writing by local authorities concerned within 3 days after the filing thereof. 87. suspended or cancelled during the election period. or other publications. the political party or candidate must submit to the election registrar the expenses incurred during the rally. In order to hold rallies. magazine. or documentary portraying the life or biography of a candidate shall be publicly exhibited in a theater.A. cinematographs and documentaries portrayed by actors or media personalities who are themselves candidates. media practitioners who are officials of a political party or members of the campaign staff of a candidate or political party prohibited from using their media time or space to favor any candidate or political party. such political advertisements must be within the limits set forth in the Omnibus Election Code and R. 88. rallies and other similar political activities must be immediately posted in a conspicuous place in the city or municipal building. Within 7 working days. time and duration of advertisement broadcast for any candidate or political party. If the application is not acted upon within said period. fide candidates and registered political parties running for locally elective office are entitled to not more than 60 minutes of TV advertisement and 90 minutes of radio advertisement whether by purchase or by donation. cinematograph.
• Broadcast stations or entities are required to submit copies of their broadcast logs and certificates of performance to the COMELEC for the review and verification of the frequency. Public exhibitions No movie. The only justifiable ground for denial of the application for the permit is that a prior written application by any candidate or political party for the same purpose has been approved.28
equal opportunities under equal circumstances to make known their qualifications and their stand on public issues. All applications for permits to hold meetings. Denial of any application for said permit is appealable to the provincial election supervisor or to the COMELEC whose decision shall be made within 48 hours and which shall be final and executory. 7166 on election spending.
R. 9. 9006) The COMELEC may authorize political parties and party-list groups to erect common poster areas for their candidates in not more than 10 public places such as plazas. wherein candidates can post. 9006) Phil.29
COMELEC space. there was no effort to show that police power was constitutionally delegated to the COMELEC. poster area. time and the right to reply. in any radio or TV station in said province or city. and the earlier ruling that the freedom of TV and radio broadcasting is somewhat lesser than the freedom accorded to the print media.A. not of the broadcasters. whether by radio or TV. in any other magazine or periodical in said province or city. 2 does not constitute a valid exercise of the power of eminent domain.
COMELEC poster area (Sec. but only the allocation of airtime to the candidates. Furthermore. Thus. The Court gave the following reasons: (1) All broadcasting. Sec. 8. and shall be utilized exclusively by the COMELEC for public information dissemination on election-related concerns. which shall be known as "COMELEC time. (2) The COMELEC does not take over the operation of radio and television stations. Second." Such COMELEC time shall be allocated to the COMELEC free of charge. is licensed by the government. or in the absence of such entity. Press Institute v. 2 does not constitute a valid exercise of police power. First. being an exercise of the plenary police power of the State to promote the general welfare. COMELEC cannot procure print space without paying just compensation therefor.” COMELEC space shall be allocated to the COMELEC upon payment of just compensation.A. COMELEC The Supreme Court declared sec. barangay centers and the like. which shall be known as “COMELEC Space. it has not been demonstrated that the COMELEC has been granted the power of eminent domain by the Constitution or the Legislature. In addition. and the franchise issued to a broadcast station is always subject to amendment. 92. sec. the Supreme Court held that such power is valid and constitutional. the uniquely pervasive presence of the broadcast media in the lives of all Filipinos. no attempt was made to demonstrate that a real and palpable or urgent necessity for the taking of print space confronted the COMELEC. it is the right of the viewers and listeners. markets. viz: the physical limitations of the broadcast spectrum. BP 881 to require TV stations to give air time for candidates free of charge. for after all. R. to ensure equal opportunity. There is no showing that the members of the Philippine Press Institute are unwilling to sell print space. (3) There are substantial distinctions in the characteristics of the broadcast media from those of the print media which justify the different treatment accorded to each for purposes of free speech. time and information bulletin COMELEC space The COMELEC shall procure space in at least one newspaper of general circulation in every province or city. (Sec. so that they will be informed of the issues in an election. 9006)
Telecommunications and Broadcast Attorneys of the Philippines v. and shall be utilized exclusively by the COMELEC for public information dissemination on election-related concerns. COMELEC (289 SCRA 337) In this case. 2 of COMELEC Resolution 2722 compelling print media companies to donate “COMELEC Space” as null and void. alteration or repeal by Congress when the common good requires. COMELEC time The COMELEC shall likewise air time in at least 1 major broadcasting station or entity in every province or city. which questioned the COMELEC's power under Sec. 8. There is no better measure for the common good than one for free airtime for the benefit not only of the candidates but even more of the public. or in the absence of such newspaper. particularly the voters.A. as mandated by the Constitution. R. display or exhibit
. The element of necessity for the taking has not been shown by COMELEC. that is paramount. (Sec.
Such poster areas shall not exceed 12 feet by 16 feet or its equivalent. Election surveys (Sec. The information sheet shall include the voter's name.
It must be noted that Sec. B. R. 881) The COMELEC shall cause the printing and supervise the dissemination of bulletins which shall contain the picture. the size of the common poster area must not exceed 4 feet by 6 feet or its equivalent. party or organization who commissioned or paid for the survey. 9006) Election surveys. and A mailing address and telephone number.A. The names of the candidates shall be listed in alphabetical order under their respective party affiliation and a one-line statement not to exceed 3 words of their occupation or profession. candidate. expression and the press… as it
. the COMELEC shall furnish every registered voter with an unfilled official sample ballot. including voters' preference for candidates or publicly discussed issues during the campaign period. 9006. the methodology used. For each question for which the margin of error is greater than that reported above. and a list of all registered national.A. For independent candidates with no political parties. The COMELEC shall promulgate the rules and regulations for the holding of such to assure its non-partisan character and equality of access thereto by all candidates.3 of R. 881. Persons nominated under the party-list system shall likewise be included in the above-mentioned list. Mendoza. which was penned by Justice V.A. 5. explain and/or debate on their campaign platforms and programs and other like issues. qualifications.V. Any candidate can reprint these bulletins. COMELEC official sample ballot (Sec. 93. The name of the person. 9. 7904) At least 30 days before an election. 5.P. provided it is an exact replica and shall bear the candidate’s name who caused the reprint and the printer’s name. Information required to be published in the survey During the election period. Inc. any person. bio-data and program of government of every candidate. stated that the provision "constitutes an unconstitutional abridgment of freedom of speech. Public forum (Sec. indicating it as an address or telephone number at which the sponsor can be contacted to obtain a written report regarding the survey in accordance with Sec. provincial and city candidates to be voted in the said election. voter information sheet. and the specific questions asked. 5. defined Election surveys refer to the measurement of opinions and perceptions of the voters as regards a candidate's popularity. (SWS) The decision. The margin of error of the survey. The period during which the survey was conducted.4 which prohibits the publication of surveys 15 days (for national candidates) or 7 days (for local candidates) before an election was declared unconstitutional by the Supreme Court upon a petition filed by the Manila Standard and Social Weather Station. B. platforms or a matter of public discussion in relation to the election. 6646) The COMELEC shall encourage nonpolitical non-partisan private or civic organization to initiate and hold in every city and municipality. as amended by R. candidate or organization who publishes a survey must likewise publish the following information: • The name of the person. and simplified instructions as to the casting of votes. the margin of error for that question. COMELEC information bulletin (Sec.P. polling firm or survey organization who conducted the survey.A. including the number of individual respondents and the areas from which they were selected. public for a at which all registered candidates for the same office may simultaneously and personally participate to present. address. natural as well as juridical.30
propaganda. 185. R. the precinct and the place where he is registered.
They do not violate the principle of secrecy of the ballot since such polls are purely voluntary on the part of the voter and do not require him or her to reveal his or her ballot. including GOCCs. incentives. whether or not legally enforceable. • Educational institutions which have
• • •
Pollsters shall inform the voters that they may refuse to answer. 95.31
imposes prior restraint and therefore. • Natural and juridical persons who. It shall also include the use of facilities voluntarily donated by other persons. Pollsters clothing. 2000) In this case. However. made for the purpose of influencing the results of the
. (c) the loan is made in the ordinary course of business. allocations or similar privileges or concessions by the government or any of its divisions. subdivisions or instrumentalities. B. 881) No contribution for purposes of partisan political activity shall be made directly or indirectly by any of the following: • Public or private financial institutions. 881) "Contribution” includes a gift. • Natural and juridical persons operating a public utility or in possession of or exploiting any natural resources of the nation.000 by the government or any of its divisions. the Supreme Court held that exit polls are valid. COMELEC (January 28. for details." (Exact title of case and citation not available as of this writing. Said announcement shall state that the same is unofficial and does not represent a trend. and must clearly identify the total number of respondents. exemptions. 94a. shall wear distinctive elections but shall not include services rendered without compensation by individuals volunteering a portion or all of their time in behalf of a candidate or political party. See front page of Philippine Star.P. and the places where they were taken. loan. 2001.5. R. • Natural and juridical persons who have been granted franchises. May 6. have been granted loans or other accommodations in excess of P100. within 1 year prior to the date of the election.A. subdivisions or instrumentalities including GOCCs. advance or deposit of money or anything of value. or a contract. (b) the loan is made in accordance with laws and regulations. they are not prohibited from making any loan to a candidate or political party if: (a) the financial institutions are legally in the business of lending money. 9006) Exit polls may only be taken subject to the following requirements: • Pollsters shall not conduct their surveys within 50 meters from the polling place. a direct and total suppression of a category of expression even for a limited period. donation. with goods or services or to perform construction or other works. dwelling place and other places. promise or agreement to contribute. 5. ELECTION CONTRIBUTIONS & EXPENDITURES Contributions Contributions defined (Sec. • Natural and juridical persons who hold contracts or sub-contracts to supply the government or any of its divisions. AND.P. Prohibited contributions (Sec. B. whether said survey is taken in a home.
ABS-CBN v. subscription.) Exit polls (Sec. and The result of the exit polls may be announced after the closing of the polls on election day. subdivisions or instrumentalities. the money value of which can be assessed based on the rates prevailing in the area.
theatrical or other performances
President and Vice-President: P 10 for every voter currently registered Other Candidates: P 3 for every voter current registered in the constituency where he filed his certificate of candidacy Candidates Without a Political Party: P 5 for every voter
For Political Parties P 5 for every voter currently registered in the constituency or constituencies where it has official candidates Lawful expenditures (Sec. food. are excluded from this prohibition. Expenditures Expenditures defined (Sec. freight and express delivery charges. R. postage. beauty contests. transportation.32
received grants amounting to P100. (Sec. cockfights.A. tithes. (d) For stationery. 881) No candidate or treasurer of a political party shall. for the purpose of influencing the results of the election. or members of the Armed Forces of the Philippines. BP 881) “Expenditure" includes the payment or
traveling expenses of the candidates and campaign personnel in the course of the campaign and for personal expenses incident thereto. of no public less funds than delivery of money of anything of value. 7166) The aggregate amount that a candidate or registered political party may spend for an election campaign shall be as follows: For Candidates
• Officials or employees in the Civil Service. the money value of the use of which can be assessed based on the rates prevailing in the area.
and foreign corporations. or a contract. bingo. Prohibited raising of funds It is unlawful for any person to hold the following for the purpose of raising funds for an election campaign or for the support of any candidate from the commencement of the election period up to and including election day: • • • • • • • • dances. It shall also include the use of facilities personally owned by the candidate.00. (c) For telegraph and telephone tolls. 102. 96. games. make any expenditure except for the following purposes:
It is unlawful for any person or organization. and other persons actually employed in the campaign. boxing bouts. (b) For compensation of campaigners. or from his campaign manager.P. stenographers. B. clerks. whether civic or religious. printing and distribution of printed matters
. to solicit and/or accept from any candidate for public office. directly or indirectly. agent or representative. lotteries. BP 881)
It is unlawful for any person to solicit or receive any contribution from any of the persons or entities enumerated. that normal and customary religious stipends. or cinematographic. however. 13. promise or agreement to make an expenditure. any gift. Note. 94b. directly or indirectly. messengers. or collections on Sundays and/or other designated collection days. Limitations on expenditures (Sec. including foreign governments. or any person acting in their behalf. contribution or donation in cash or in kind from the commencement of the election period up to and including election day. entertainments.000.
on the day before and on the day of the election. For newspaper. 104. such costs not to be taken into account in determining the amount of expenses which a candidate or political party may have incurred.
Expenditures duly authorized by the candidate or the treasurer of the political party shall be considered as expenditures of such candidate or political party. on demand by the candidate or treasurer of the party. For copying and classifying list of voters. TV and other public advertisements. agents or representatives of any political party. Prohibited donations (Sec. tithes or collections on Sundays or other designated collection days. 881) No candidate. or any structure for public use or for the use of any religious or civic organization. bridges. investigating and challenging the right to vote of persons registered in the list. agent or representative shall during the campaign period. The same prohibition applies to treasurers. Any person authorized by such candidate or treasurer. size and maximum number as may be authorized by the COMELEC. his or her spouse or any relative within the second civil degree of consanguinity or affinity. such as religious stipends. puericulture centers.P. radio. render to the candidate or treasurer concerned a detailed account thereof with proper vouchers or official receipts. directly or indirectly. the cost of which shall not be taken into account in determining the amount of expenditures which a candidate or political party may have incurred. churches or chapels cement pavements.33
relative to candidacy. The treasurer of a political party.P. Keeping of detailed records of contributions and expenditures Keeping of records Every candidate and treasurer of the
Persons authorized to incur expenditures (Sec. For printing sample ballots in such color. B. 881) Every person receiving contributions or incurring expenditures by authority of the candidate or treasurer of the party shall. For employment of counsel. school buses. For rent. such costs shall not be taken into account in determining the amount of expenses which a candidate or political party may have incurred. (4) state the full name and exact address of the person so designated. or his campaign manager. are excluded from the prohibition. Such accounting must be given within 5 days after receiving such contribution or incurring such expenditure. 105. 103. For political meetings and rallies and the use of sound systems. contribution or gift in cash or in kind. For employment of watchers at the polls. The authority to incur expenditures must: (1) be in writing. 881) Only the following persons are permitted by law to make any expenditure in support of or in opposition to any candidate or political party: • • • The candidate. Normal and customary religious dues or contributions. Duties of candidates and political parties Accounting of contributions and expenditures (Sec.P. lights and decorations during said meetings and rallies. office or place of meetings. make any donation. maintenance and furnishing of campaign headquarters. B.
. (2) be signed by the candidate or the treasurer of the party. (3) show the expenditures so authorized. medical clinics and hospitals. B. or undertake or contribute to the construction or repair of roads. as well as periodic payments for legitimate scholarships established and school contributions habitually made before the prohibited period. and (5) be furnished the COMELEC.
(Sec. and accurate records of all contributions received and expenditures incurred by him and by those acting under his authority. 14. 106c. 7166) Except: office Candidates for elective barangay
It is the duty of the city or municipal election registrar to advise in writing. (Sec. 7166) The same prohibition also applies if the political party of the winning candidate fails to file the statement within the required period Failure to file the required statements or reports constitutes an administrative offense. because Sec. 881) Effect of Failure to File No person elected to any public office shall enter upon the duties of his office until he has filed the statement of contributions and expenditures. (b) the amount of every expenditure. full. 7166 does not make any distinction.000. for their production for inspection by the COMELEC or its duly authorized representative. (c) any unpaid obligation. the COMELEC shall enforce the same by issuing a writ of execution against the properties of the offender. and to a perpetual disqualification to hold office. R.A. shall be complete as of the date next preceding the date of filing. 106b. and (d) such other particulars which the COMELEC may require. and shall set forth in detail the following: (a) the amount of contribution. COMELEC.A. Such fine shall be paid within 30 days from receipt of notice of such failure. and person acting under the authority of such candidate or treasurer has the duty to: (1) issue a receipt for every contribution received. 109. and the purpose of the expenditure. the full name and exact address of the person to whom payment was made. within 5 days from the election date.000.A.00. COMELEC (245 SCRA 759)
. made no expenditure. either by personal delivery or by registered mail. 14. 245 SCRA 759) Duty of election registrar candidates of their duty to advise statements. R. setting forth therein all information required to be reported. (Sec.A. the candidate and the treasurer of the political party must file with the COMELEC duplicate copies of the full. 7166) Form and contents of statement The statement shall be in writing. its nature and amount.00 to P 30. (Sec. If the candidate or treasurer of the party has received no contribution. (Sec. B. or upon presentation of a subpoena duces tecum duly issued by the COMELEC. or has no pending obligation. B.00. and the full name and exact address of the person from whom the contribution was received.000. Offenders are liable to pay an administrative fine ranging from P 1. 14. and to whom said obligation is owing. 14. R. (Sec.000. (Pilar v. date of receipt. treasurer of the political party. 7166) This requirement to file the statement covers even those who withdrew as candidates after having filed their certificates. 881) Filing of Statement of Contributions and Expenditures Duty to file Within 30 days after election day. all candidates to comply with the obligation to file their
Pilar vs. the statement shall reflect such fact.P. The commission of a second or subsequent offense under this section subjects the offender to an increased fine ranging from P 2.A.00 to P 60. 14 of R.34
party shall keep detailed. B. and (2) keep a receipt stating the particulars of every expenditure made. true and itemized statement of all contributions and expenditures in connection with the election. otherwise. Failure of the candidate or treasurer to preserve such records or documents shall be deemed prima facie evidence of violation of this provision of law. (Sec.P.P. the date thereof. 881) Issuance of receipt Every candidate. subscribed and sworn to by the candidate or by the treasurer of the party. R. Preservation of records Records of contributions and expenditures must be preserved for at least 3 years after the holding of the election to which they pertain.
112. 7166. invoices and other records and documents relative to said expenditures.P. contracts. vouchers. a plurality of the majority is sufficient. there would be no winner. 105-112 of B.A. failure to comply with the duties imposed by Sec.
. 881 constituted election offenses that were punishable under Art. the date and costs thereof.P. It is not necessary that a majority of voters should have elected the winning candidate.A. 39 of R. or by the president or general manager in case of a business firm. 881 as election offenses Prior to R. Duties of contractors. treasurers of political parties and other persons incurring such expenditures. 105-112 of B. 262 of B. with such repeal to have retroactive effect. if the election is lawfully held.35
THE ELECTION PROPER IN GENERAL What constitutes an election An election is constituted when there is a plurality of votes sufficient for a choice conditioned on the plurality of valid votes or a valid constituency regardless of the actually number of votes cast. Sec. Otherwise.
and preserve at its place of business for a period of 3 years after the date of the election copies of such written authority. 7166 repealed the inclusion of said provisions as election offenses.
The Supreme Court said that the requirement to file the statement covers even those who WITHDREW as candidates after having filed their certificates because sec 14.P. the nature or purpose of each expenditure. Those who did not vote are assumed to assent to the action of those who voted. 881)
Repeal of Sec. The report shall be signed and sworn to by the supplier or contractor. Even if a candidate wins due to a minority vote. subject to inspection by the COMELEC or its authorized representative. suppliers and business firms Persons or firms to whom any electoral expenditure is made have the duty to: (a) Require every agent of a candidate or of the treasurer of a political party to present written authority to incur electoral expenditures in behalf of such candidate or treasurer. However. 881. RA 7166 does not make any distinction. B.P. (Sec. File with the COMELEC a report setting forth the full names and exact addresses of the candidates. and such other particulars as the COMELEC may require within 30 days after the day of the election.