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of the sovereign power of the people. Components Choice or selection of candidates to public office by popular vote Conduct of the polls Listing of votes Holding of Electoral campaign Act of casting and receiving the ballots from the voters Counting the ballots Making the election returns Proclaiming the winning candidates 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. Special election – is when there is failure of election on the scheduled date of regular election in a particular place or which is conducted to fill up certain vacancies, as provided by law. Political Parties Definition (Omnibus Election Code) An organized group of persons pursuing the same ideology, political ideas or platforms of government including its branches and divisions. Types of Political Parties 1) Registered Parties: 1. Dominant Majority Party – usually the administration party; entitled to a copy of election return 2. Dominant Minority Party – entitled to a copy of election return 3. Majority Political Party 4. Top 3 Political Parties – entitled to appoint principal watcher and a copy of the certificate of canvass 5. Bottom 3 political parties – entitled to appoint principal watcher 2) Non-registered parties Criteria to Determine the Type of Political Party 1. Established Record of the said parties, showing in past elections 2. Number of Incumbent Elective Officials 3. Identifiable political organizations and strengths 4. Ability to fill a complete slate of candidates 5. Other analogous circumstances Grounds for Challenging the Voter 1. Illegal voters ( Not Registered / Using the name of another / disqualified ) 2. Based on certain illegal acts (Vote buying) Acquisition of Juridical Personality It is acquired upon registration with the COMELEC. Forfeiture of Status as a Registered Political Party The status shall be deemed forfeited if the political party, singly or in coalition with others, fails to obtain at least 10% of the votes cast in the constituency in which it nominated and supported a candidate/s in the election next following its registration. There shall be notice and hearing. Candidates Rules on Filing of Certificates of Candidacy 1. No person shall be elected into public office unless he files his certificate of candidacy within the prescribed period 2. No person shall be eligible for more than one office. If he/she files for more than one position, he shall not be eligible for all unless he cancels all and retains one 3. The certificate of candidacy shall be filed by the candidate personally or by his duly authorized representative. 4. Upon filing, an individual becomes a candidate, he is already covered by rules, restrictions and processes involving candidates. Grounds for Disqualification 1. Election offenses under Sec 68 of the Omnibus Election Code (OEC) 2. Not possessing qualifications and possessing disqualifications under the Local Government Code 2.1 Sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one year or more of imprisonment within two years after serving sentence 2.2 Removed from office as a result of an administrative case 2.3 Convicted by final judgment for violating the oath of allegiance to the Republic
Violation of sec 73 of OEC with regard to certificate of candidacy 3.261 6. 2.There should be a showing that: 1. induce or corrupt the voters or public officials performing electoral functions.5 Fugitives from justice in criminal or non-political cases here or abroad 2. pledges or support for or against a candidate. The petition should be filed not later than 25 days from the filing of the certificate of candidacy. Violated any of the following sections: Section 80. 2. or is found by the Commission of having: 1. dual allegiance) 2. B. Election Campaign/Partisan Political Activity Ø Definition 1) It refers to an act designed to promote the election or defeat of a particular candidate/s to a public office 2) It includes: A. 3) When the acts enumerated above are NOT considered an election campaign/partisan political activity. E. May refuse to give due course to or cancel a certificate of candidacy of a nuisance candidate. received or made any contribution prohibited under this Code 5. C. or coalition of parties. after due notice and hearing. who in an action or protest in which he is a party is declared by final decision of a competent court guilty of. Any candidate who has been declared by final judgment to be disqualified shall NOT be voted for. Given money or other material consideration to influence. Directly or indirectly soliciting votes. Forming organizations.2. Permanent resident of or an immigrant to a foreign country shall not be qualified to run for any elective office UNLESS he/she has waived his/her status as a permanent resident/immigrant of a foreign country in accordance with the residence requirement provided for under election laws. Nuisance candidate 2. C. Holding political caucuses. If the acts are performed for the purpose of enhancing the chances of aspirants for nomination for candidacy to a public office by a political party. B. Other circumstances which clearly demonstrate that the candidate has no bona fide intention to run for the office… Petition to deny due course to or to cancel a Certificate of Candidacy A. announcements or commentaries or holding interviews for or against the election of any candidate for public office. Exclusive ground: A material representation in the certificate of candidacy is false. 83. Making speeches. committees or other groups of persons for the purpose of soliciting votes and/or undertaking any campaign for or against a candidate. clubs. Upon motion of the complainant or intervenor. Spent in his election campaign an amount in excess of that allowed by the Omnibus Election Code ) 4.86. parades or other similar assemblies for the purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate. 85. Certificate of candidacy has been filed to put the election process in mockery/disrepute or 2. associations. Violation of sec 78 which is material misrepresentation of reqts under sec. inquiry or protest. The votes cast in his favor shall not be counted. Effect of a Disqualification case (under RA 6646) 1. the court or COMELEC may order the suspension of the proclamation of the candidate whenever the evidence of his guilt is strong.6 Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right 2. To cause confusion among the voters by the similarity of the names of the registered candidates 3. . Nuisance Candidates A. It should be decided not later than 15 days before the election. aggroupment. 74.4 Dual citizenship ( more specifically. the court or COMELEC will continue with the trial and hearing of the action. Publishing or distributing campaign literature or materials designed to support or oppose the election of any candidate. This can be done motuproprio or upon verified petition of an interested party. conferences. Power of COMELEC 1. 2. D.7 Insane or feeble-minded 1. rallies. B. Solicited. If the candidate is not disqualified by final judgment before the election and receives the highest number of votes in the election. Committed acts of terrorism to enhance his candidacy 3. * Disqualifications (from continuing as a candidate or from holding the office if already elected): Any candidate. The term refers to candidates who have no bona fide intention to run for the office for which the certificate of candidacy has been filed and would thus prevent a faithful determination of the true will of the people. meetings.
However. Jurisdiction in Inclusion/Exclusion cases A. Service in the army. Note: Relate this to Article IX of the Constitution which provides that the COMELEC has no jurisdiction over questions involving the right to vote. whether national or local. Resided in the city/municipality wherein he proposes to vote for at least 6 months immediately preceding the election. D. Petition filed at any time except 105 days before regular election or 75 days before special election B. E. profession. C.RA 9006 – FAIR ELECTION ACT Important Features: 1) Repeal of Sec. 2) Lifting of the Political Ad Ban – Written and Printed Materials (8. Computerized and Permanent Disqualifications A. UNLESS restored to his full civil and political rights in accordance with law. Decision is final and executory.5” W x 14L”) Letters Posters (2’ x 3’) in common-private poster areas ( not more than 10 public places per political party or independent candidate. He /she should have resided in the Philippines for one year and 2. B. RTC will decide the appeal within 10 days. 65 days before special election . Residence 1. navy or air force. C. 12’ 16’). any ELECTIVE official. 2. Educational activities C. running for any office other than the one which he is holding in a permanent capacity shall not be considered ipso facto resigned from his office upon the filing of his certificate of candidacy. Decisions may be appealed to the RTC within 5 days from receipt of notice of decision. Transfer solely because of occupation. If sentenced by final judgment to suffer imprisonment for not less than 1 year and such disability was not removed by plenary pardon or has not been granted amnesty. Any person who has been adjudged by final judgment by competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government such as rebellion or any crime against national security: 1. any person disqualified to vote shall automatically reacquire the right to vote upon expiration of 5 years after service of sentence. he shall regain his right to vote automatically upon expiration of 5 years after service of sentence. Exclusion is through sworn petition and not later than 100 days before regular election. national police force E. employment in private or public service B. The municipal and metropolitan trial courts shall have original and exclusive jurisdiction over all matters of inclusion and exclusion of voters from the list in their respective municipalities or cities. private places and public places Rally streamers (3’ x 8’) NOT MORE THAN 2 Paid Advertisements at Discounted Rates Print : 1/4th page in broadsheet and ½ page in tabloid 3x a week Television: 120 minutes for candidate for nationally elective office and 60 for local Radio: 180 minutes for candidate for nationally elective office and 90 for local COMELEC free space (3 national newspaper for nationally elective officials and 1 national newspaper for local) and airtime (3 national television networks for nationally elective officials and 1 station for local ) : equal allocation for all candidates for 3 calendar days Authorized Expenses ( multiplied with the total number of registered voters ) P 10 for president / vice president P 3 for other candidates for every voter currently registered in the constituency P 5 for independent candidates and political parties Voters Qualifications Age: 18 years old and over. Insane or incompetent persons as declared by competent authority. 67 of the OEC – Now. because 8189 (7) provides for such only for the May ’98 elections Q: What kind of registration system do we have? A: Continuing. * RA 8189 – VOTER”S REGISTRATION ACT OF 1996 Q: Can there still be general registration of voters? A: No more. the person concerned will be deemed NOT to have lost his original residence: A. Work in military or naval reservations D. Confinement/detention in government institutions in accordance with law. Residence Requirement If the transfer of residence is due to any of the following reasons. However.
candidate. stating grnds. Election was suspended before the hour fixed by law for the closing of the voting C. Election in any polling place was not held on the date fixed. under oath. The election should be held not later than 30 days after the cessation of the cause of the postponement or suspension of the election or failure to elect. after due notice and hearing Date of new election The date of the postponed election should be reasonably close to the date of the election not held. suspended. Elections results in a failure to elect (after the voting and during the preparation and transmission of the election returns or in the custody or canvass thereof) AND the failure or suspension of the election would affect the result of the election Remedy COMELEC can call for the holding or continuation of the election not held. by a majority vote of its members.Grounds when the List of Voters will be altered: Deactivation/ Reactivation Exclusion/ Inclusion Cancellation of Registration in case of Death New voters Annulment of Book of Voters Transfer of Residence How is challenge to right to register effected? Who – any voter. RA 7166): A. sitting en banc. . force. Failure of Election Causes Force majeure Violence Terrorism Fraud Other analogous causes Under RA 7166. in the inactive file after entering the cause of deactivation. the causes for the declaration of the failure of election may occur before or after the casting of votes or on the day of the election. political party representative How – in writing. not prepared in accordance with law or prepared through fraud. Effects of above causes A. orderly and honest election in any political subdivision COMELEC can postpone the election (when decided by a majority vote of the COMELEC sitting en banc. or which resulted in a failure to elect. Motuproprio B. forgery. It should not be later than 30 days after the cessation of the cause for such postponement or suspension of the election or failure to elect. any similar irregularity or which contains data that are statistically improbable Cannot be done within 90 days before election Postponement of Election Causes Violence Terrorism Loss or destruction of election paraphernalia/records Force majeure Other analogous causes Effect It is impossible to hold a free. This is decided by the COMELEC. How is reactivation of registration effected ? Sworn application for reactivation Affidavit Not later than 120 days before regular election and 90 days before special election Annulment of Book of Voters is through verified petition. notice and hearing. proof of notice of hearing Deactivation means removing the registration records of persons from the precinct book of voters and place the same. properly marked and dated in indelible ink. Upon a verified petition by any interested party. impersonation. suspended. intimidation. B. or which resulted in a failure to elect. bribery.
235. But this is only a ceiling. (Board of canvassers have original jurisdiction while COMELEC have appellate jurisdiction) 1. Religious sect or denomination.80) x 0. Receives foreign support 5. 3. organization 2. (Sec. The election returns were prepared under duress. and appreciation of the election returns. or intimidation. It would also refer to any matter raised under Sections 233. threats. there are 260 seats. appear to be tampered with or falsified. A pre-proclamation controversy refers to any question pertaining to or affecting the proceedings of the board of canvassers which may be raised by any candidate or by any registered political party or coalition of political parties before the board or directly with the COMELEC. 235) 4. Untruthful statements in its petition 7. according to the Veterans Federation Case The 5 major political parties are now entitled to participate in the party list system Parties receiving at least 2% of the total votes cast for the party-list system shall be entitled to one seat each No party shall be entitled to more than 3 seats Currently. When election returns are delayed. consider locality or literacy rate Rule 211 of the OEC Incumbency / Surname Cannot ascertain – STRAY VOTE Pre-Proclamation Controversies Definition 1. Those that can be filed with COMELEC directly are the ff: Issue involves the illegal composition or proceedings of the board of canvassers. So 20 % of 260 is 52 seats. Grounds for refusing or canceling registration of Party-Lists groups 1. Violates election law 6. Ranking in the list submitted determines who shall represent party or organization. or not authentic.233) 2. The returns involved will affect the results and the integrity of the ballot box has been preserved Issues that may be raised in a pre-proclamation controversy 1. The canvassed election returns are incomplete. A list with 5 names should be submitted to COMELEC as to who will represent the party in the Congress. coercion. 234. Discrepancies in election returns (Sec. receipt. lost or destroyed (Sec. 236) C. contain material defects. as when a majority or all of the members do not hold legal appointments or are in fact usurpers Issue involves the correction of manifest errors in the tabulation or tallying of the results during the canvassing Recount There can be a recount under the grounds of 234-236. and 236 of the Omnibus Election Code in relation to the preparation. transmission. When election returns appear to be tampered with or falsified.RA 7941 – Party-List System Act Seeks to promote proportional representation Any party already registered need not register anew. File manifestation not later than 90 days before election. 1. Foreign party or organization 4. Failed to participate in the last two preceding elections or fails to obtain at least 2% of the votes cast under the party-list system in the 2 preceding elections for the constituency in which it has registered Nomination of party-list reps should not include any candidate for any elective office or a person who has lost his bid for an elective office in the immediately preceding election Incumbent sectoral representatives in the House of Representatives who are nominated in the party-list system shall not be considered resigned Party List Reps constitute 20% of the total number of the members of the House of Reps including those under the party-list How do we determine the number of party list seats in the House of Reps? (# of District Reps / 0. 234) 3. . Rules for Appreciation of Ballots Liberal Construction in favor of the validity of the ballot Look at the ticket slate. or they are obviously manufactured. Ceased to exist for at least one year 8. Advocates violence 3.20 = # of party list reps There are presently 208 legislative districts. custody. Illegal composition or proceedings of the board of canvassers 2. or contain discrepancies in the same returns or in authentic copies thereof. Material defects in the election returns (Sec.
BUT: Questions affecting the composition or proceedings of the board of canvassers may be initiated in the board or directly with COMELEC. rulings of the Commission on election contests involving municipal and barangay offices are final. When not allowed Pre-proclamation cases on matters relating to the preparation. B. custody and appreciation of the election returns. (Galido v. The Supreme Court issues an order for the proceedings to continue in a petition for certiorari. qualifications of all elective: Regional Provincial City officials Appellate Jurisdiction COMELEC has APPELLATE jurisdiction over all contests involving: A. ( Flores v. COMELEC. The COMELEC determines that the petition is meritorious and issues an order for the proceedings to continue or 2. This only applies to questions of FACT. Contested composition or proceedings of the board (under RA 7166) It may be initiated in the board or directly with COMELEC. the results of which materially affected the standing of the aggrieved candidate/s. It does NOT preclude a special civil action of certiorari. and certificate of canvass. should be brought in the first instance before the board of canvassers only.4. When substitute or fraudulent returns in controverted polling places were canvassed. unless restrained by the SC. This is without prejudice to the filing of a regular election protest by the aggrieved party. Summary nature of pre-proclamation controversy 1. COMELEC. transmission. Election contest 1. Contested election returns (under RA 7166) Matters relating to the preparation. Pre-proclamation controversies shall be heard summarily by the COMELEC. transmission. All pre-proclamation cases pending before the COMELEC shall be deemed terminated at the beginning of the term of the office involved and the rulings of the boards of canvassers concerned deemed affirmed. Procedure A. 2. HOWEVER: Proceedings MAY CONTINUE if: 1. executory and not appealable: A. Election Contest Original Jurisdiction COMELEC has ORIGINAL jurisdiction over contests relating to the elections. receipt. custody and appreciation of the election returns or the certificates of canvass NOT allowed in elections for: (under RA 7166) President Vice-President Senator Member of the House of Representatives BUT: The appropriate canvassing body motupropio or upon written complaint of an interested person can correct manifest errors in the certificate of canvass or election returns before it. Elective BARANGAY officials decided by trial courts of LIMITED jurisdiction Who can file a petition contesting the election Any candidate who has duly filed a certificate of candidacy and has been voted for the same office Purpose of an election contest The defeated candidate seeks to outs the proclaimed winner and claims the seat. returns. receipt.It is governed by the requirements of administrative due process B. When pre-proclamation cases are deemed TERMINATED (RA 7166) 1. 184 SCRA 484) B. Jan. C.It is governed by the requirements of judicial process . Its decision shall be executory after the lapse of 5 days from receipt by the losing party of the decision. Final COMELEC Decisions Provision that decisions.The jurisdiction of COMELEC is administrative/quasi-judicial 2. Effect of filing petition to annul or suspend proclamation It suspends the running of the period within which to file an election protest or quo warranto proceedings. Elective MUNICIPAL officials decided by trial courts of GENERAL jurisdiction B.1991) Distinctions between Pre-Proclamation Controversy and Election Contest 1) Dividing line: Proclamation of a candidate 2) Jurisdiction A. final orders. Pre-proclamation controversy 1. B.The jurisdiction of COMELEC is judicial 2. 18.
whether national or local. corporation. 4.Appointing or hiring a new employee (provisional. leaders or sympathizers of a candidate is sufficient basis for an investigation by the COMELEC. Dismissing or threatening to dismiss. Disputable presumption of conspiracy: Proof that at least one voter in different precincts representing at least 20% of the total precincts in any municipality.Creating or filling any new position 3. association. Appointment of new employees. 45 days before a regular election 2. B. To induce anyone or the public in general to vote for or against any candidate or withhold his vote in the election or 2. Making or offer to make any expenditure. entity or community 3. Upon prior authority of COMELEC if it is satisfied that the position to be filled is essential to the proper functioning of the office/agency concerned AND that the position is not filled in a manner that may influence the election . 4) However. campaign or vote for or against a candidate or aspirant for the nomination or selection of candidates. city or province to which the public office aspired for by the favored candidate relates.Promoting/giving an increase in salary. promotion or giving salary increases: A. 30 days before a special election D. tenants. intimidating or compelling or influencing. any expenditure or promise of any office or employment. Prohibited acts 1. Purpose of acts 1. heads/superior/administrator of any religious org. directly or indirectly. Relate to the provision in RA 7166 allowing pre-proclamation controversy proceedings to continue even after a proclamation has been made. suspension etc. offer or promise money or anything of value 2. overseers.Give. 3. leaders and/or sympathizsrs for the purpose of promoting the election of such candidate. tillers or lease holders to aid. it ceases to be a pre-proclamation controversy and becomes an election contest cognizable by the RTC. Election Offenses ( Selected Offenses) Vote buying and vote-selling A. parishioners or employees or house helpers. including GOCCs.Soliciting or receiving. remuneration or privilege to any government official or employee. punishing or threatening to punish by reducing salary. any subordinates. city or province has been offered. Who can be held liable 1. Prohibited acts 1. in any manner. Coercing. officer of a public/private corporation/association 3. wage or compensation or by demotion. even if the case (involving municipal officials) began with the COMELEC before proclamation but a proclamation is made before the controversy is resolved. creation of new position. Disputable presumption of involvement Proof affects at least 20% of the precincts of the municipality. employer/landowner B. temporary or casual) 2. promised or given money. Period when acts are prohibited 1. 2. directly or indirectly. public officer 2. the SC has recognized the jurisdiction of COMELEC over municipal cases even after proclamation.directly or through its duly authorized legal officers. farm helpers. or cause an expenditure to be made to any person. public or private B. Covered acts 1.3) In some cases. agency or instrumentality. This will constitute a disputable presumption of the involvement of such candidate and of his principal campaign managers in each of the municipalities concerned in the conspiracy Coercion of a subordinate A. 2. transfer. valuable consideration or other expenditure by a candidate relatives. members. Exceptions 1. C. Under RA 6646 (Prosecution of vote-buying/selling) 1. Presentation of a complaint supported by affidavits of complaining witnesses attesting to the offer or promise by or the voters acceptance of money or other consideration from the relatives. in some cases. To vote for or against any aspirant for the nomination or choice of a candidate in a convention or similar selection C. Who can be held liable: Any head/official/appointing officer of a government office.
Tampering. disbursement or expenditure of public funds A. Election offenses shall prescribe after 5 years from the date of their commission 2. Who can be held liable: Any public official or employee including barangay officials and those of GOCCs/subsidiaries B. Exception 1. If the chairman of the BEI fails to affix his signature at the back of the official ballot. MTC/MCTC have jurisdiction over offenses relating to failure to register or vote. 2. Failure to give notice of meetings to other members of the board. Suspension of elective. candidate or political party (committed by the Chairman of the board of canvassers) 6. maintenance of existing/completed public works project. or by negotiated contract awarded before the 45 day period before election 3. Exceptions 1. the period of prescription shall commence on the date on which the judgment in such proceedings becomes final and executory Jurisdiction of courts 1. 45 days before a regular election 2. 30 days before a special election D. Emergency work necessitated by the occurrence of a public calamity but such work shall be limited to the restoration of the damaged facility. Notice of appointment should be given to COMELEC within 3 days from appointment. 4. (under RA 7166) Prescription of Election Offenses 1. municipal or barangay officer A. payment for the usual cooperation for working drawings. work undertaken by contract through public bidding. disbursement or expenditure of public funds for any and other kinds of public works C. B. Other election offenses under RA 6646 1. city. provincial. . If the discovery of the offense is made in an election contest proceeding. by continuing to campaign) and any public officer or private individual who knowingly induces or abets such misrepresentation by commission or omission. A person who has been declared a nuisance candidate or is otherwise disqualified who continues to misrepresent himself as a candidate (Ex. before delivering the ballot to the voter. With prior approval of COMELEC 2. Ongoing public work projects commenced before the campaign period or similar projects under foreign agreements. increasing or decreasing the votes received by a candidate or refusing after proper verification and hearing to credit the correct votes or deduct the tampered votes (committed by a member of the board of election inspectors) 3. Period when acts are prohibited: 1. RTC has exclusive original jurisdiction to try and decide any criminal action or proceedings for violation of the Code. Causing the printing of official ballots and election returns by printing establishments not on contract with COMELEC and printing establishments which undertakes unauthorized printing 2. Person who violated provisions against prohibited forms of election propaganda 5. In case of urgent need. in the presence of the voter. Refusing to issue the certificate of voters to the duly accredited watchers (committed by a member of the BEI) 4.2. 2. Prohibited acts: The release. specifications and other procedures preparatory to actual construction including the purchase of material and equipment and incidental expenses for wages. 5. General rule: public official CANNOT suspend any of the officers enumerated above during the election period. 7. Prohibition against release. Suspension is for the purpose of applying the Anti-Graft and Corrupt Practices Act In relation to registration of voters/voting Unjustifiable refusal to register and vote Voting more than once in the same election/voting when not a registered voter Voting in substitution for another with or without the latters’ knowledge and/or consent etc. a new employee may be appointed.
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