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ELECTION LAW NOTES

Section 68: Disqualifications of a Candidate:


A candidate who is declared by final decision of a competent court guilty, or found by the
Commission of having:
a. given money or other material consideration to influence, induce or corrupt the voters
or public officials performing electoral functions
b. committed acts of terrorism to enhance candidacy
c. spent in his election campaign an amount in excess of that allowed by this Code
d. solicited, received or made any contribution prohibited under Section 89, 95,96, 97 and
104
e. violated any of Sections 80, 83, 85 86 and 261, paragraphs d ,e, k, v and cc, subparagraph 6
*permanent resident of or an immigrant to a foreign country shall not be qualified unless he
WAIVED his status.
Other disqualifications:
I. STATUS
A. Lack of Filipino Citizenship (indispensable requirement)
- Three recognized means in reacquiring Philippine Citizenship:
a. by direct act of Congress
b. naturalization
c. repatriation
- annulment of citizenship in another country doesnt automatically restore Philippine
citizenship.
CASE: BENGZON III VS HRET (G.R. 142840, MAY 7, 2001)
Article III, Section 4 (1973 Constitution)
Natural-Born citizen:
a. person must be a Filipino citizen from birth
b. doesnt have to perform any act to obtain or perfect his Philippine Citizenship.
NOT considered natural-born citizen:
a. naturalized
b. born before January 17, 1973 of Filipino mothers who elected Philippine Citizenship
(present Constitution now considers this and who elected Philippine citizenship upon
reaching the majority age)
**Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof
shall be deemed NATURAL-BORN CITIZENS.
Two citizens under the present Constitution:
a. natural-born
b. naturalized in accordance with law
- not naturalized Filipino but didnt have to undergo the process of naturalization =
NATURAL-BORN FILIPINO
B. Lack of residency requirement
CASE: IMELDA ROMUALDEZ MARCOS VS. COMELEC (G.R. NO. 119976, SEPTEMBER 18, 1995)
*domicile- no intent of abandoning
** a citizen may leave the place of his birt to look for greener pastues. he may desire to return
to his birth place to cast his ballot.
II. ACTS
A. Sentenced by final Judgement:
a. subversion, insurrection, rebellion
b. a penalty of more than 18 months of imprisonment
c. moral turpitude- act of baseness, vileness or depravity
d. given money or other material consideration to influence, induce or corrupt the voters or
public officials performing electoral functions
e. committed acts of terrorism
f. spent in his election campaign an amount in excess of that allowed by the OEC.
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ELECTION LAW NOTES


g. having solicited, received or made any contribution prohibited under OEC (foreign funds)
h. having engaged in election campaign or partisan political activity outside the campaign
period and not pursuant to a political party nomination.
i. removed, destroyed, obliterated, defaced or tampered with or prevented the distribution og
lawful election propaganda
j. violated the rules and regulations on election propaganda through mass media
k. coerced, intimidated, compelled, or in any manner influenced, directly or indirectly, any of
his subordinates or members to aid, campaign or vote for or against any candidate
l. directly or indirectly threatened, intimidated , or actually caused, inflicted or produced any
violence . . .
m. engaged in unlawful electioneering
n. violated the prohibition against release, disbursement or expenditure of public funds 45 days
before a regular election.
o. 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.
III. NUISANCE CANDIDACY
- One who files a certificate of candidacy to put the election process in mockery or
disrepute, to cause confusion among voters or any acts which clearly demonstrate that
the candidate has no bona fide intention to run for office.
IV. FALSITY OF MATERIAL REPRESENTATION
- Intent to deceive electorate
- Misrepresentation must not only pertain to a material fact , but should show clear and
deliberate intent to:
a. misinform
b. mislead
c. conceal a fact
Consequences of any material falsity:
a. cannot run
b. if he runs and elected, cannot serve
DISQUALFICATIONS under R.A 7160 (THE LOCAL GOVERNMENT CODE)
i. sentenced by final judgement for an offense punishable by one year or more of imprisonment
and within 2 years after serving sentence.
ii. removed from office because of administrative case
iii. convicted by final judgment for violating the oath of allegiance to the Republic of the
Philippines
iv. dual citizenship dual allegiance
v. fugitives from justice in criminal and non-political cases here and abroad
-not just those who flee after conviction to avoid punishment but also those after being
charged, flee to avoid prosecution
vi. permanent residents in a foreign country or those who have acquired the right to reside
abroad and continue to avail of the same right after the effectivity of the LCG.
vii. insane or feeble-minded.
DISQUALIFICATIONS FROM RUNNING IN A SPECIAL ELECTION:
a. elective office 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.
b. directly or indirectly, coerces, bribes, threatens, harasses intimidates or actually causes,
inflicts or produces any violence to any person or persons aspiring to become a candidate or that
of the immediate member of his family, his honor or property that is meant to eliminate all other
potential candidate.
Section 66: Candidates holding appointive office or positions
Any person holding a public appointive office or position like:
a. active members of the Armed Forces of the Philippines
b. officers and employees in GOCC
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ELECTION LAW NOTES


are considered IPSO FACTO resigned from his office upon filling of his certificate of
candicacy.
Section 67: Candidates holding elective office.
Any elective person whether national or local running for any office other than the one
which he is holding in a permanent capacity, except for President and Vice-President shall be
considered IPSO FACTO resigned from his office upon the filing of his certificate of candicacy.
CASES: ELEAZAR P. QUINTO VS. COMELEC (G.R. NO. 189698, DECEMBER 1, 2009)
Obvious reasons of the challenged provision:
i. prevent use of a government position to promote ones candidacy
ii. could result in neglect or inefficiency in the performance of duty because they would be
attending to their campaign rather than to their office work.
iii. in equal protection clause, classification rests upon substantial distinction
iv. all belonging to the same class must be treated similarly
Courts proper role in the balance of a tripartite system of government:
*remedy lies with the Legislature (given authority under the Constitutional system to balance
competing interests and thereafter make policy choices responsive to the exigencies of the
times.
**filing of a COC for and elective position is an act of electioneering or partisan political activity.
TWO provisions of the Constitution mandates that civil service employees cannot engage in any
electioneering or partisan political activity except to vote:
a. Section 2(4), Article IX-B of the Constitution (officer or employee)
b. Section 5(3), Article XVI of the Constitution (member of the military)
ELECTION CAMPAIGN or PARTISAN POLITICAL ACTIVITY act designed to promote the election or
defeat of a particular candidate or candidates to a public office.
Filing of COC:
i. mere filing of COC
ii only can vote
iii.states in the COC the name of the political party and his certification that he is the official
candidate of the political party.
iv. constitutional ban to keep the civil service non-partisan
v. constitutional ban prevents civil servants from using their office and resources of their office.
vi. prevent conflict of interest
vii. resign from public office
RULE 25 OF THE COMELEC RULES OF PROCEDURE procedure for filing a petition for
disqualification
Section 2: Who may file petition of disqualification
a. citizen of voting age
b. duly registered political party, organization, or coalition of political parties
with the LAW DEPARTMENT of the Commssion.
Section 3: Period to file petition
- Any day after the last day for filing of COC but not later than the date of proclamation
Section 4: Summary Proceeding
- Heard summary after due notice
Section 15: Petition to deny due course to or cancel of a certificate of candicacy
-may be filed by any person within five(5) days from the last day for filing of COC but not
later than twenty five (25) days from the filing of the COC (exclusively on the ground of material
misrepresentation)
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ELECTION LAW NOTES


EFFECTS OF DISQUALIFICATION
i. by final judgment shal lnot be voted for and the votes cast in favour shall not be counted
ii. if not disqualified by final judgment, the case shall continue and upon motion of the petitioner,
complainant, or intervenor, the proclamation of such candidate may be ordered suspended
during the pendency of the said case whenever the evidence is strong.
- Complaint/petition is filed BEFORE the election and BEFORE the proclamation of the
respondent. If nt resolved before election, the trial and hearing shall continue and referred
to the LAW DEPARTMENT for preliminary investigation.
- Complaint/petition is filed AFTER the election and BEFORE the proclamation of the
respondent, the trial and hearing of the case shall be suspended and referred to the LAW
DEPARTMENT for preliminary investigation
- If evidence of guilt is strong, the Commission may order the suspension of the
proclamation and if proclaimed, to suspend the effects of the proclamation.
CASES: CODILLA VS. DE VENECIA (G.R. NO. 150605, DECEMBER 10,2002)
*COMELECs jurisdiction is limited to those enumerated in SECTION 68 of the OEC.
*Beyond the ambit of COMELEC are criminal and not administrative in nature.
*COMELEC conducts preliminary investigation for the purpose of prosecuting the alleged
offenders before the regular courts of justice.
DOMINO VS. COMELEC (310 SCRA 546)
*Under the OEC: the second placer could not take place of the disqualified winner
BUT:
- in congregational position, if one person is DQ = special election
- in Local government= next in rank will be the winner (by the virtue of the Local
Government Code)
EFFECT OF PETITION IF UNRESOLVED BEFORE COMPLETION OF CANVASS
General Rule: If the petition for disqualification for reasons beyond the control of the Comelec,
the votes cast for the respondent may be included in the counting and in canvassing.
Exception: If the evidence is strong
CERTIFIED LIST OF CANDIDATES
1. Comelec will print a certified list of candidates for each office to be voted in each province, city
or municipality followed by: (to be posted in each voting booth)
-nickname
-stage name of the candidate
-political affiliation
2. If BEI will cause to write the certified list of candidates on the blackboard or manila paper, the
names of all candidates followed by his nickname/ stage name shall also be printed in the
election returns and tally sheet.

CHAPTER 5: CAMPAIGN AND ELECTORAL PROPAGANDA


CAMPAIGN - includes all the things and necessary legal and factual acts done by a candidate and
his adherents to obtain a majority or popularity of the votes to be cast.
- organized effort to promote a cause or to secure some definite result with any
group of persons.
B.P 881 SECTION 79 (b):
Election campaign/ partisan political activity- an act designed to promote the election or
defeat of a particular candidate or candidates to a public office which shall include:
-forming organization , associations for the purpose of soliciting votes and/or undertaking
any campaign for or against a candidate.
-holding political caucuses, conferences, rallies
-making speeches, announcements or holding interviews
-publishing or distributing campaign literature or materials designed
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ELECTION LAW NOTES


-directly or indirectly soliciting votes, pledges
* NOT considered as election campaign or partisan election activity
-if performed for the purpose of enhancing the chances of aspirants for nomination for
candidacy
-public expressions or opinions or discussions of probable issues in a forthcoming election
*A candidate is liable for an election offense only for acts done during the campaign period, not
before.
-the LAW says, any lawful act or omission applicable to a candidate shall take effect only
upon the start of the campaign period.
**unlawful when the campaign starts and lawful before the campaign
PROHIBITED ACTIVITIES
B.P. 881, SECTION 80: Election campaign or partisan political activity outside
campaign period
Unlawful to engage in an election campaign or partisan political activity except during the
campaign period.
CASES: LANOT VS. COMELEC (G.R. NO. 164858, 16 NOVEMBER 2006, 507 SCRA 114)
A person who files a certificate of candidacy is not a candidate until the start of the
campaign period.
PENERA VS. COMELEC (G.R. NO. 181613, NOVEMBER 25, 2009)
CANDIDATE (Section 79a) any person aspiring for or seeking an elective public office who has
filed a COC by himself, through an accredited political party, aggroupment or coalition of parties.
- Filed COC within the filing period.
**on March 29, 2007, the law still didnt consider Penera a candidate for purposes onther than
the printing of ballots.
**Acts committed by Penera within the campaign period are not coveres by Section 80 as
Section 80 punishes only acts outside the campaign period.
ELECTION AND CAMPAIN PERIODS
R.A. 7056, SECTION 8: Election and Campaign period
*Election period commences (for RE and SE) 90 days before election day and shall end
30 days after.
*Campaign Period for (RE and SE)
- Presidential and Vice Presidential 120 days before election
- Senatorial 90 days before election
- Members of the House of Representative and local elective 40 days before
election
*Campaigning is prohibited during:
-one day before and after election
-during Holy Thursday and Good Friday
ELECTION PROPAGANDA
R.A. 9006 SECTION3: Lawful Election Propaganda
-ads in TV, radio, newspaper are still regulated by the Commission
Lawful election propaganda:
1. pamphlets, leaflets, cards, decal stickers does NOT exceed 8 width and 14 in length
(8 x 14)
2.handwritten or printed letters urging voters to vote for or against any particular political party
or candidate
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ELECTION LAW NOTES


3. posters with an area NOT exceeding 2x3 ft, except that , at the site and on the occasion of a
public meeting or rally
- announcing the holding of the said meeting or rally streamer NOT exceeding 3x8 ft.
provided streamers will be displayed 5 days before rally and be removed within 24 hours
after.
CASES: ADIONG VS. COMELEC (207 SCRA 712 1992)
***GENERAL RULE: no posting of decals and stickers EXCEPT on posting areas authorized by
COMELEC
POINTS:
1. there is no clear and present danger on any substantial government interest.
2. void for overbreadth (olds that a law is invalid if it punishes constitutionally protected speech or conduct along
with speech or conduct that the government may limit to further a compelling government interest.)
3. with owners consents; right to express his choice
PHILIPPINE PRESS INSTITUE VS. COMELEC ( 244 SCRA 272 1995)
ISSUE: whether or not the requirement on print media companies to provide free COMELEC space is unconstitutional.
HELD: yes, its unconstitutional. SC declared Section 2 of COMELEC Resolution 2722 as null and void because it doesnt
constitute a valid exercise of the POWER OF EMINENT DOMAIN (the element of necessity for the taking has not shown
by the COMELEC). Section 2 doesnt constitute a valid exercise of police power.
*free ad and space for COMELEC must pay the news paper. (payment of just compensation)
* for TV and radio, COMELEC may take free of charge as an exercise if their police power
TELECOMMUNICATIONS AND BROADCAST ATTORNEYS OF THE PHILIPPINES VS. COMELEC ( G.R. NO. 132922)

ISSUE: whether or not the COMELEC may take free of charge radio and television time.
HELD: YES. SC held that the provision is VALID and CONSTITUIONAL, being an exercise of the
plenary police power of the State to promote the general welfare. BECAUSE
-all broadcasting, in TV or radio, and the franchise are always subject to amendment,
alteration or repeal by Congress when the common good requires.
-COMELEC doesnt take over the operation of radio or TV stations, but only allocation of
time to ensure equal opportunity, time and the right to reply, as amended by the constitution.
REQUIREMENTS FOR ELECTION PROPAGANDA
R.A. 9006, SECTION 4: Requirements for published or printed and broadcast election
propaganda.
-any newspaper, newsletter, pamphlets and any broadcast propaganda shall bear and be
identified by reasonably legible or audible words POLITICAL ADVERTISEMENT PAID FOR
-if free of charge, it shall be identified by the words, AIRTIME FOR THIS BROADCAST
WAS PROVIDED FREE OF CHARGE BY
-if donated, it should have written acceptance by the said candidate or political party and
attached to the advertising contract and shall be submitted to the COMELEC as provided by SubSection 6.3.
OTHER ELECTION PROPAGANDA
SECTION 85: Prohibited Forms of election propaganda- REPEALED by SECTION 14 of
R.A. 9006
a. to print, post or distribute any posters urging voters to vote for or against a candidate unless
they bear the names and address of the printer and payor as required in Section 84
b. to erect, put up, make use of, attach, float of whatever size, shape or kind advertising for or
against any candidate or political party
c. give freebies, except that campaign supporters accompanying a candidate shall be allowed to
wear hats and/or shirts or T-shirts advertising a candidate.
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d. to show or display publicly any advertisement or propaganda by means of cinematography,
audio-visual units or other screen projectors except telecasts which may be allowed.
e. for any radio broadcasting or television station to sell or give free of charge except as
authorized in this Code under rules and regulations promulgated by the commission.
*Any prohibition shall be stopped, confiscated or torn down by the representative of the
Commissionn upon specific authority of the Commission.
RESOLUTION 7838 SECTION 1 allowed the purchase, manufacture, distribution and
acceptance of such gadgets by candidate provided that samples with official receipts are
submitted to the Commission prior to their distribution.
SECTION 2 limits on the number of propaganda material.
- Total number of propaganda gadgets or athletic goods and materials shall NOT exceed
10% of the total number of register voters in the constituency where the candidate
or sectoral party is seeking to be elected.

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