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ELECTION SPECIAL LAWS

1. R. A. 8189 Voters Registration Act of 1996 -Amended ARTICLE XII (Sec. 113-148) Omnibus Election Code. - Provides Daily Application for Registration as Voter-Qualification of Voter: a) Citizen of the Philippines, natural-born and naturalized; b). 18 years old on election day; c). One-year residency in the Philippines; d) At least 6 months residency in the place of registration; - Municipal/City Election Registration Board ERB)- composed of the Election Officer, Local Civil Registrar, and DepEd Supervisor, shall approve the application for registration, who meets once every third Monday of each quarter month (April, July, October, December) to conduct hearings on applications; Any person may file Objection to the Application by filing a verified opposition to the ERB not later than one week prior to the quarterly meeting; ERB to approve application, and to assign a permanent lifetime Voters Identification Number (VIN) to an approved application; or to DENY registration and issue a Certificate of Disapproval/Denial of registration, no motion for reconsideration is allowed in the ERB. -REMEDY of a DENIED/DISAPPROVED application to register is to FILE PETITION FOR INCLUSION with the MUNICIPAL/METROPOLITAN TRIAL COURT in the place of jurisdiction, anytime, except One Hundred Five (105) days prior to the date of a regular election, or 75 days prior to a special election. Hearing is summary, to be resolved in 10 days. Appeal to the Regional Trial Court, petition for review to the Court of Appeals, petition for certiorari to the Supreme Court; the issue is the Right to Vote; -REMEDY to Remove from the List DISQUALIFIED, DEAD, or ILLEGAL VOTERS, is PETITION FOR EXCLUSION filed with the MUNICIPAL/METROPOLITAN TRIAL COURT; Only ONE PETITION TO INCLUDE ALL ILLEGAL VOTERS IN ONE PRECINCT, anytime except 100 days prior to a regular election, or except 65 prior to a special election; Appeal to the Regional Trial Court, petition for review to the Court of Appeals, petition for certiorari to the Supreme Court; 2. R. A. 9189-Absentee Voting Law for OFW, Migrant Filipinos; - To register as Absentee Voter, application will be approved/disapproved by the ERB of the place of residence in the Philippines; - To execute an Affidavit of Undertaking to RESUME residency in the Philippines within 3 years From the date of approval of registration; -Voting is done in the foreign country thru mail-ballots on a date fixed by the Comelec; can vote for Party-List, Senators, Vice President and President only; 3. R. A. 9225 Dual Citizenship Law or Filipino Citizenship Retention Law: Any natural-born Filipino who lost Filipino citizenship are deemed to have retained the Filipino citizenship by mere taking of an oath of allegiance, and likewise, his/her children below 18 years old are deemed to have retained Filipino citizenship; Effects: a). can vote under the Absentee Voting Law (R. A. 9189), but not required to execute an Affidavit of Undertaking to Return and Resume Actual residency on the Philippines within 3 years of their registration as voter- the reason for this is that, a Filipino dual citizen is also a

citizen of another country where he was naturalized, while an OFW or Migrant Filipino Worker who is an absentee voter is not a citizen of the host foreign country; b). Can run for public office, by renouncing first his/her foreign allegiance, with the same other qualification requirements for the office; 4. R. A. 8295 Lone Candidate Law: -In a special election to fill up a vacancy in an office, a lone candidate shall be certified as such by the Comelec after the expiration of the period to file certificate of candidacy, and be proclaimed as duly elected, in the absence of opponent-candidate, without going to actual casting of votes; 5. R. A. 9340 Barangay and Sangguniang Kabataan Synchronization Elections Act; -Provides for barangay and SK synchronized elections on the third Monday of October starting 2007, and every three years thereafter; Elected Barangay and SK will assume office on November 30 following their election; -Provided for election of the City/Municipal Liga ng mga Barangay Officials, composed of all barangay captains in the city or municipality , within 30 days from November 30- the date of assumption of office; the elected President of the Liga ng Barangay shall assume office as Ex-Officio Member of the City/Municipal Sangguniang Bayan/Panglungsod; the same election for Sangguniang Kabataan city or municipal Federation Officials will be held in the same period; elected SK Federated President will assume as Ex-Officio Member of the City Sangguniang Panglungsod/Bayan; SK members should be not less than 15 years old and not more than 18 years old, but if elected official can continue serving office beyond the age of 18 years old until the end of the term; Likewise, all elected Liga ng Barangay Presidents in each municipality within one Province will in turn elect a Provincial Liga ng Barangay President who will assume as Ex-officio Member of the Provincial Sangguniang Panlalawigan; the same procedure for the SK, who will elect their Provincial President to sit as Ex-Officio Member of the Sangguniang Panlalawigan. 6. R. A. 7166 Synchronized National and Local Elections Act of 1991; -Provides for synchronized elections for National and Local elective officials on the Second Monday of May, every three years starting 1992, while every six years for president and vice president; -Provides for the Procedure of raising pre-proclamation controversy; Preproclamation controversy refers to the questions on election returns or certificate of canvass (statement of votes) referred in sections 233, 234, 235, and 246 of the Omnibus Election Code, in connection with preparation, transmission, receipt, custody and appreciation thereof, that should be raised and filed before the Board of Canvassers concerned(at any level of canvassing), or questions on the manner of the proceedings of the Board of Canvassers itself which should be raised and filed directly with the Comelec; -Procedure in raising pre-proc: Upon the opening of the ER for canvass, oral objection to exclude from canvass the said ER on the ground of irregularity/fraud in the either preparation, or transmission, or receipt, or custody, or appreciation thereof, be raised before the Board of canvassers;

simultaneous with the oral objection , file a written objection/petition to exclude, the board will set aside and suspend the canvass of such objected election returns; within 24 hours file necessary evidence, while the party opposing your pre-proc- will also file evidence within the same 24 hours;after the canvass of other non-objected election returns or CoC, the board of canvassers will rule on your pre-proc; if ruling is adverse to you, manifest orally that you intend to file an appeal, and within 48 hours file a written and verified appeal before the board of canvassers, and followed by a Memorandum of Appeal within five (5) days to the Comelec En Banc; thereupon, the board of canvassers will declare suspension of canvass and proclamation of winners, except a partial proclamation of winners who will not be affected by the outcome of the pre-proc will be done. However, a proclamation of winners who will be affected by the pre-proclamation case is null and void, if done by the board of canvassers, you need to file a Petition to Annul Proclamation before the Comelec. -Upon assumption of office of the respondent-party, provided by the constitution on noon of June 30 following the election (the party you are suing under the pre-proclamation case), the pending pre-proclamation case shall be dismissed by the Comelec. But the Comelec has discretion to order to continue the pre-proclamation case depending on the evidence. In which case, the remedy of the complainant-party on the pre-proc is to file an Election Protest in the proper jurisdiction- which is, Election Protest for President- filed with the Presidential Electoral Tribunal (PET), for the Senatorfiled with the Senate Electoral Tribunal (SET), for Congressman- filed with the House Electoral Tribunal (HRET), for Regional & Provincial & City elected officials- filed with the Comelec, for municipal elected officials- filed with the Regional Trial Court, and for barangay elected officials- filed with the Municipal/Metropolitan Trial Court; while decision of the Regional Trial Court and the Municipal Trial Courts on election protest for municipal and barangay, are DIRECTLY APPELLABLE to the COMELEC. It must be noted, that the COMELEC DIVISION has the primary jurisdiction to hear and decide election cases including the appeal form the RTC and MTC, and the COMELEC DIVISION decision is reviewable thru a motion for reconsideration by the COMELEC EN BANC; and the decision of the Comelec En Banc, both in its original cases and on the appealed cases, is reviewable thru a petition for certiorari under Rule 64 of the Rules of Court directly by the Supreme Court. -No pre-proclamation controversy cases are allowed for President, Vice President, Senator and Congressman, except, the filing of Petition for Correction of Manifest Error in the Election Returns (ER) or Certificate of Canvass (CoC), directly with the Commission En Banc- the grounds for Manifest Error are: a). Copy of ER in one precinct is tabulated more than once; b). Two copies of the same ER or CoC are tabulated separately; c). Mistake in the addition of or copying of votes; d). ER from non-existing precincts were included in the canvass/tabulation; -Postponement, Declare Failure of Election, or Call Special Election must be Resolved Directly by the COMELEC EN BANC. -Provides for the appointment of 6 principal watchers who are authorized to affix their signatures on the election returns and Certificate of canvass, appointed by each of the six accredited major political parties as determined by the Comelec. -Provides for administrative sanctions for non-filing of Statement of Contribution and Expenditures within 30 days from election; Allowable

election expenses: 10 pesos for President & Vice President; 3 pesos for all other candidates; 5 Pesos for Political Party; 5 Pesos for Independent Candidate; computed per capita of registered voter in the constituency. However, no limit of the amount of contribution to be received, and it is tax free; But, some entities are prohibited to donate financial contributions, like financial and education, public franchise holder institutions, foreign persons and entities, church and religious groups, civil and military personnel. 7. R. A. 9006 Fair Election Acts of 2001. - Already allowed all forms of campaign propaganda that were once prohibited under section 85 of the Omnibus Election Code; allowed postersdimensions of 2 feet by 3 feet; allowed billboard- dimensions of feet by 8 feet; Allowed handbills - the size of bond paper; Allowed printed T-shirts and other materials; Allowed common poster areas- one in each barangay the location to be agreed upon by the candidates; Allowed120 minutes of aggregate TV campaign propaganda, 180 minutes of radio campaign propaganda; Allowed election survey, and exit poll on election day, the latter to be made public after the casting of ballots. 8). R. A. 9244 Recall Election Law Amended Section 70, Chapter 5, Title 1 of the Local Government Code by removing the Preparatory Recall Assembly. The present procedure is by Petition for Recall supported by signature of registered voters in the constituency in the following numbers: for 20,000 voters or less 25% signature; for more than 20,000 but less than 75, 000 voters by 20% signature; for 75,000 but less than 300,000 voters 15%; for 300,000 or more voters by 10% signature; then followed by publication of the petition, and process of verification of authenticity of signatures by the Comelec and interested parties. Once approved by the Comelec, recall election is scheduled. The incumbent official recalled is a compulsory candidate,, he cannot opt not to run, or he will resign. Recall election only applies to local elective officials, not to congressman, senators, or President.

9). R. A. 7941 Party List System Law: A group of persons representing a marginalized sector may form a party-list and apply for registration with the Comelec; Prohibited groups- religious, advocate violence, supported by foreign entities, foreign groups; To fill up 20% seats in the House of Representatives reserved in the constitution for party-list; it is the party voted, and the first of the 5 nominees of the party takes the seat; Allowed up to maximum of 3 seats, provided that one seat is assured to a party-List that garners 2% of the total votes for party-list; Additional 2 seats shall be allocated proportionally, depending on the additional votes garnered by the party-list; Banat vs. Comelec, G. R. No. 179271, April 21, 2009, the watershed decision on the allocation of seats for party-list in the House of Representatives.

10). R.A. 9396 Automated Election System Law:

Amended R. A. 8436- Automated Election System Act of 1998 Provided for a computerized system of voting; The Comelec is mandated to choose the system to be used, either a paper-based system or electronic system of voting; 30 copies of Election Returns are printed from the sored data in the computer machine; Canvassing of votes done by collating the results in the electronically transmitted data from the machines that printed the election returns at the precinct-level. ELECTION SABOTAGE- this law defines Election Sabotage and impose the penalty of life imprisonment: committed as follows- a) a candidate voted nationwide being made to appear as winner, irrespective of the number of votes increased or decreased; b) irrespective of any office involved, increasing or decreasing votes that adversely affect the result, in one document, or in transporting the number from one document to another, of votes exceed 5,000; or c) by any other means wherein the total votes increased or decreased exceed 10,000.

Prepared by: ATTY. ARNOLD C. BAYOBAY Election Law PUP-College of Law