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ELECTION: INTRODUCTION AND HISTORY

Chapter 1
Suffrage the right to vote in the election of officers chosen by the people and
in determination of questions submitted to the people; it includes election,
plebiscite, initiative and referendum.
Nature of Suffrage:
1. Mere privilege- Not a natural right of the citizens but a mere privilege to
be given or withheld by the lawmaking power subject to constitutional
limitations.
2. Political Right- enabling citizens to participate in the process of
government to assure that it derives its power from the consent of the
governed.
Voting the act or exercise of ones right to suffrage
Election the means by which the people choose their officials for a definite
and fixed period and to whom they entrust for the time being the exercise of the
powers of government.
Kinds:
1. Regular one provided by law for election of officers either nationwide or in
certain subdivisions thereof, after expiration of the full term of the former
members; participated in by those who possess the right of suffrage, are not
otherwise disqualified by law, and who are registered voters.
The SK election is not a regular election because the latter is participated in
by youth with ages ranging from 15-21 (now 15-18 per R.A. 9164), some of
whom are not qualified voters to elect local or national elective officials
(Paras v. COMELEC).
2. Special one held to fill any vacancy in an office before the expiration of the
full term for which the incumbent was elected.

Plebiscite the electoral process by which an initiative on the Constitution is


approved or rejected by the people; it also the means by which the voters in
affected areas consent or object to the change in the form of local government.
Initiative the power of the people to propose amendments to the Constitution
or to propose and enact legislations through an election called for the purpose.

Referendum the power of the electorate to approve or reject legislation


through an election called for the purpose.
Recall a mode of removal of a local elective official by the people before the
end of his term of office.
Theory on Suffrage prevailing in the Philippines: Suffrage is both a right
and a privilege. It is a right because it is the expression of the sovereign will of
the people. It is a privilege because its exercise is granted not to everybody but
to the persons or class of persons as are most likely to exercise it for the purpose
of the public good.
System of Election Adopted in the Philippines: Since 1901, the Australian
system, first conceived by Francis Dutton, a member of the Legislature of South
Australia. The distinguishing feature of the system is STRICT SECRECY IN
BALLOTING.
Election Period: Unless otherwise fixed by the Commission in special cases, the
election period shall commence ninety days before the day of election and shall
end thirty days thereafter (Sec. 9, Art. IX-C, 1987 Constitution).
Campaign Period:
3. Presidential and Vice Presidential Election 90 days;
4. Election of Members of Congress and Local Election 45 days; and Barangay
Election 15 days
4. Special Election under Art. VIII, Sec. 5,
Subsection (2) of the Constitution 45 days.
Written and Edited by: APAYA, Edrian and DAVID, Jose Angelo. REFERENCES:
Relevant laws, jurisprudence and San Beda Law BarOps Memory Aid. Please
notify the author/s concerned for corrections, suggestions and comments.
The campaign periods shall not include the day before and the day of the
election (Sec. 3, B.P.
881).
History of Election
1. 1897 Biak na Bato Constitution No suffrage
2. 1899 Malolos Constitution No suffrage
3. 1935 Constitution
-Suffrage is limited to male citizens, 21 years of age, and able to read
and write. -Suffrage for women is subject to plebiscite of 300,000
women.

4. 1973 Constitution
-suffrage is mandatory. Failure to register is an election offense.
5. 1987 Constitution
THE COMMISSION ON ELECTIONS
Chapter 2
Jurisdiction
General Rule: The COMELEC sitting en banc does NOT have the requisite
authority to hear and decide election cases in the first instance. This power
pertains to the divisions of the Commission. Any decision by the Commission en
banc as regards election cases decided by it in the first instance is null
and void (Abad v. COMELEC)
Exceptions:
1. When what is involved in the case is purely administrative, and not quasijudicial in nature;
2. When the required number of votes to reach a decision, resolution, order or
ruling is not obtained in the division (Garvida v. Sales, Jr.)
3. Where the petitioner invoked the jurisdiction of the COMELEC en banc,
participated in its proceedings and sought relief therefrom, in which instance
he is estopped to subsequently question the jurisdiction of the COMELEC en
banc
(Ramirez v. COMELEC);
4. Petitions for the postponement, declaration of failure of election and the
calling of special elections (Loong v. COMELEC); and
5. The COMELEC en banc has the power to prosecute election cases, and in the
exercise of such prosecutory power, it conducts preliminary investigation,
decides whether or not there exists a probable cause and files the
corresponding information in court. (Faelnar v. People).
Powers and Functions:
1. Enforcement and Administration of Election Laws and Regulations
2. Power to ensure free, honest, orderly credible and peaceful elections.
3. Rule Making Power
4. Quasi-Legislative Functions
5. Quasi-Judicial Power
6. Contempt and Subpoena
7. Auxiliary writs and processes
8. Specific Powers
a. Power to declare failure of elections

Two conditions must concur before the COMELEC can act on a petition
seeking to declare a failure of elections:
i. No voting took place in the precinct or precincts on the date fixed by
law, or even if there was voting, the election resulted in failure to
elect; and
ii. The votes not cast would have affected the result of the elections.
(Dibratun v. Comelec)
*The cause of such failure of election could only be any of the
following: force majeure, violence, terrorism, fraud, or other
analogous cases.

b. Power to call for special elections


In fixing the date for special elections, the Comelec should see to it that:
i. It should not be later than 30 days after the cessation of the cause of
the postponement or suspension of the election or failure to elect;
and
ii. It should be reasonably close to the date of the election not held,
suspended or which resulted in the failure to elect. (Pangandaman v.
Comelec)
c. Power to postpone elections
d. Power to correct manifest errors in election documents
With the introduction of the PCOS System pursuant to R.A. 9369, every
copy should be as good and as clear as the first one. Hence, the
problem of manifest errors might be a thing in the past. (R. Avila,
Fundamentals of Election
Law, p. 59 (2010))
e. Power to order recanvass of votes
f. Power to annul or suspend proclamation of
elected candidates
g. Power to annul an illegal canvass
h. Power to transfer polling places
i. Power to Transfer Venue of Canvassing of
Votes
j. Power to order opening of ballot boxes
k. Power to conduct initiative and plebiscite
9. Other Specific Powers
a. Deputization of Peace Officers
b. Investigatory and Prosecutorial Power
c. Deputization
of
or
Endorsement
Prosecutors

to

10. Power of exclusive control and supervision over the Automated Election
System (Sec. 26, RA
8436)
Stand-by Power of COMELEC: If it shall no longer be reasonably possible to
observe the periods and dates prescribed by law for certain pre-election acts,
the Commission shall fix other periods and dates in order to ensure
accomplishment of the activities so voters shall not be deprived of their
suffrage (Sec. 28, R.A. 8436 & Sec. 29 of R.A. 6646, adopted pursuant to Sec.
9, Art. IX-C of the 1987 Constitution).
This stand-by power, however, does not apply to fixing the date of registration
of votes because Sec. 8 of R.A. 8189, which provides for a continuing
registration of voters, specifically states that: No registration shall, however,
be conducted during the period starting one hundred twenty (120) days
before a regular election and ninety (90) days before a special election.
Powers NOT Granted to the COMELEC:
1. No power to decide questions involving the right to vote
2. No power to include and exclude voters
Currently, jurisdiction to decide controversies on inclusion or exclusion of
voters belongs to the Municipal Trial Court.
History of COMELEC
COMELEC was organized under CA No. 607 enacted on August 22, 1940.
The power to enforce the election laws was originally vested in the
president and exercised through the Department of Interior.
COMELEC was then transformed to a
Constitutional Body by virtue of the 1940 amendments to the 1935
Constitution which took effect on December 2, 1940.
1973 Constitution broadened the powers of the COMELEC by making it the
sole judge of all election contests relating to election returns, and
qualifications of members of the national legislature and elective provincial
and city officials.
The 1987 Constitution grants the COMELEC the exclusive original
jurisdiction to enforce and administer all laws and regulations relative to
the conduct of elections, plebiscites, initiative, referendum, and recalls,
election contests involving regional, provincial and city elective officials .
(Loong vs. COMELEC)
1935 Constitution
Composition: Chairman and two
Commissioners
Term: 9 years

1973 Constitution
Composition: Chairman and eight
Commissioners
Term: 7 years without reappointment
1987 Constitution
Composition: Chairman and six
Commissioners
Term: 7 years without reappointment

Case Digest:
Power of COMELEC
Election for the Office of the Representatives was held. Because of the alleged
irregularity in the canvassing of votes, COMELEC issued a resolution to reopen
the ballot boxes to obtain judicial remedies under section 163 of the Revised
Election Code.
WON the resolution is valid.
The COMELEC has the power to investigate and act on the propriety or legality of
the canvass of election returns made by the board of canvassers. Cauton vs.
COMELEC)
_____
The Congress enacted R.A. 8436 for the Automation of Election System. The
Automated Machines used during the election did not properly read the votes
casted. COMELEC issued a minute resolution ordering a manual count. WON the
resolution is valid.
To continue with the automated count would result in a grossly erroneous count.
The resolution merely reinforces the collective efforts to endow COMELEC with
enough power to hold free, honest, orderly, and
credible elections. (Loong vs. COMELEC)
Judicial Recount
Election was held; one of the candidates filed a petition to annul the canvass and
proclamation due to alleged irregularity in the canvassing. The COMELEC issued
a resolution annulling the canvass and proclamation.
The requisites for judicial recount
1. Appearing to the Board of Canvassers that discrepancy exists.
2. Discrepancy is between the copy submitted to the Board and another
authentic copy thereof.
3. Authentic copy must also be submitted to the Board. (Purisima vs. Salanga)
Exercise of discretion
A coalition of several political parties was awarded the right to have the minority
representation in the Board of Election Inspectors. Upon the termination of the

coalition, the COMELEC granted the said right to another political party. WON the
modification is valid.
The COMELEC shall have the discretion to choose the minority inspector. The
modification by the Commission of its ruling awarding the minority inspector to
another party is a legal exercise of the
discretion vested. (Sumulong vs. COMELEC)
Period in rendering decision
An election case was filed before the COMELEC en banc. En banc failed to render
its decision within 90 days from the date the case was submitted for decision as
mandated by law.
WON the decision is still valid.
The COMELEC has numerous cases before it,
Considering the manpower and logistic limitations, it is sensible to treat the
procedural requirements on deadlines realistically. (Alvarez vs. COMELEC)

VOTERS AND VOTER REGISTRATION


Chapters 3 and 4
*Sections 113 to 148 of the Omnibus Election Code have been repealed or
modified to the extent that they are inconsistent with the provisions of R.A. 8189
or the Voters Registration Act of 1996.
Registration refers to the act of accomplishing and filing of a sworn
application for the 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 (R.A. 8189,
Sec 3
(a)).
Registration Record an application for registration duly approved by the
Election Registration Board (R.A 8189, Sec 3 (b)).
All registration records in a precinct are compiled in a Book of Voters, which is
generally used by the Board of Election Inspectors for reference in cases of
conflicts and inadequacies in the posted list of voters.

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
Qualifications for Suffrage:
(Sec. 1, Art. V, Constitution)
1. Filipino citizen;
2. At least 18 years of age;
3. Resident of the Philippines for at least one year;
4. Resident of the place where he proposes to vote for at least 6 months; and
5. Not otherwise disqualified by law.

It is incumbent upon one who claims Philippine citizenship to prove to the


satisfaction of the court that he is really a Filipino. No presumption can be
indulged in favor of the claimant of Philippine citizenship, and any doubt
regarding citizenship must be resolved in favor of the state (Go v.
Ramos)

In election cases, the Court treats domicile and residence as synonymous


terms. Both import not only an intention to reside in a fixed place but also
personal presence in that place, coupled with conduct indicative of such
intention. Domicile denotes a fixed permanent residence to which when
absent for business or pleasure, or for like reasons, one intends to return
(Pundaodaya v
Comelec)

No literacy, property, or other substantive requirement shall be imposed on


the exercise of suffrage.

There exists no presumption that a person is entitled to vote and that the
burden is in the voter to prove that he has the qualifications and none of the
disqualifications prescribed by law (U.S. v. Tria)
Any person who transfers residence to another city, municipality or country
solely by reason of his occupation; profession; employment in private or
public service; educational activities; work in military or naval reservations;
service in the army, navy or air force; the constabulary or national police
force; or confinement or detention in government institutions in accordance
with law, shall be deemed not to have lost his original residence (Sec. 117,
OEC).

Disqualifications:
(Sec. 118, OEC)

1. Person convicted by final judgment to suffer imprisonment for not less than 1
year, unless pardoned or granted amnesty; but right is reacquired upon
expiration of 5 years after service of sentence;
2. Person adjudged by final judgment as having committed any crime involving
disloyalty to government or any crime against national security; but right is
reacquired upon expiration of 5 years after service of sentence; and
3. Insane or incompetent persons as declared by competent authority.
Registration of Voters
In order that a qualified elector may vote in any election, plebiscite or
referendum, he must be registered in the permanent list of voters for the city or
municipality in which he resides (Sec. 115, OEC).

Registration does not confer the right to vote; it is but a condition precedent
to the exercise of the right. Registration is a regulation, not a qualification
(Yra v. Abano)

System of Continuing Registration The personal filing of application of


registration of voters shall be conducted daily in the office of the Election
Officer during regular office hours. No registration shall, however, be
conducted during the period starting one hundred twenty (120) days before a
regular election and ninety (90) days before a special election (Sec. 8, R.A.
8189).
Congress itself has determined that the period of 120 days before a regular
election and 90 days before a special election is enough time for the
COMELEC to make ALL the necessary preparations with respect to the coming
elections including:
i. Completion of project precincts, which is necessary for the proper
allocation of official ballots, election returns and other election forms and
paraphernalia;
ii. Constitution of the Board of Election Inspectors, including the
determination of the precincts to which they shall be assigned;
iii. Finalizing the Computerized Voters List; iv. Supervision of the campaign
period; and
v. Preparation, bidding, printing and distribution of Voters Information Sheet.
Such determination of Congress is well within the ambit of its legislative
power, which this Court is bound to respect. (Kabataan Partylist
Representative Raymond Palatino v.
Commission on Elections)

Disqualification The same grounds for the disqualifications for suffrage.

Illiterate or Disabled Voters may register with the assistance of the


Election Officer or any member of an accredited citizens arms; application for
registration 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 citizens arms using the data supplied by the applicant (Sec. 14,
R.A. 8189).
An ILLITERATE OR DISABLED PERSON refers to one who cannot by himself
prepare an application for registration because of his physical disability and/or
inability to read and
write (Sec. 3, R.A. 8189)
No voter shall be allowed to vote as illiterate or person with disability /
disabled, unless such fact is indicated in the EDCL or the Voters Registration
Record
(Sec. 30, Comelec
Instructions to the BEI, December 29, 2009)

Election Registration Board There shall be in each city and municipality


as many Election Registration Boards as there are election officers therein;
shall be composed of the Election Officer as chairman and as members, the
public school official most senior in rank and the local civil registrar, or in his
absence, the city or municipal treasurer. No member of the Board shall be
related to each other or to any incumbent city or municipal elective official
within the fourth civil degree of consanguinity or affinity (Sec. 15, R.A.
8189).
Challenges to Right to Register Any voter, candidate or representative
of a registered political party may challenge in writing any application for
registration, stating the grounds therefor. The challenge shall be under oath
and be attached to the application, together with the proof of notice of
hearing to the challenger and the applicant. Oppositions to contest a
registrants application for inclusion in the voters list must, in all cases, be
filed not later than the second Monday of the month in which the same is
scheduled to be heard or processed by the Election Registration Board. The
hearing on the challenge shall be heard on the third Monday of the month and
the decision shall be rendered before the end of the month (Sec. 18, R.A.
8189).
Deactivation of Registration The board shall deactivate the registration
and remove the registration records of the following persons from the
corresponding precinct book of voters and place the same, properly marked
and dated in indelible ink, in the inactive file after entering the cause or
causes of deactivation:

a. Any person who has been sentenced by final judgment to suffer


imprisonment for not less than one (1) year, such disability not having
been removed by plenary pardon or amnesty: Provided, however, That any
person disqualified to vote under this paragraph shall automatically
reacquire the right to vote upon expiration of five (5) years after service of
sentence as certified by the clerks of courts of the Municipal/ Municipal
Circuit/ Metropolitan/ Regional Trial Courts and the Sandiganbayan;
b. Any person who has been adjudged by final judgment by a competent
court or tribunal of having caused/committed any crime involving disloyalty
to the duly constituted government such as rebellion, sedition, violation of
the anti-subversion and firearms laws, or any crime against national
security, unless restored to his full civil and political rights in accordance
with law; Provided, That he shall regain his right to vote automatically upon
expiration of five (5) years after service of sentence;
c. Any person declared by competent authority to be insane or incompetent
unless such disqualification has been subsequently removed by a
declaration of a proper authority that such person is no longer insane or
incompetent;
d. Any person who did not vote in the two successive preceding regular
elections as shown by their voting records. For this purpose, regular
elections do not include the
Sangguniang Kabataan (SK) elections;
e. Any person whose registration has been ordered excluded by the Court;
and
f. Any person who has lost his Filipino citizenship (Sec. 27, R.A. 8189).

Reactivation of Registration Any voter whose registration has been


deactivated pursuant to the preceding Section may file with the Election
Officer a sworn application for reactivation of his registration in the form of an
affidavit stating that the grounds for the deactivation no longer exist any time
but not later than one hundred twenty (120) days before a regular election
and ninety (90) days before a special election. The Election Officer shall
submit said application to the Election Registration Board for appropriate
action (Sec. 28, R.A. 8189).
Preparation and Posting of the Certified List of Voters The Board shall
prepare and post certified list of voters ninety (90) days before a regular
election and sixty (60) days before a special election and furnish copies
thereof to the provincial, regional and national central files. Copies of the
certified list, along with a certified list of deactivated voters categorized by
precinct per barangay, within the same period shall likewise be posted in the
office of the Election Officer and in the bulletin board of each city/municipal
hall. Upon payment of the fees as fixed by the Commission, the candidates

and heads of registered political parties shall also be furnished copies thereof
(Sec. 30, R.A. 8189).
Inclusion and Exclusion Proceedings: COMELEC has no jurisdiction to resolve
the issue regarding the right to vote, the same being cognizable by the courts in
the proceedings for the exclusion or inclusion of voters (Canicosa v. COMELEC).

Common
Rules
Governing
Judicial
Proceedings in the Matter of Inclusion, Exclusion and Correction of
Names of Voters (Sec. 32, R.A. 8189):
a. Petition for inclusion, exclusion or correction of names of voters shall be
filed during office hours;
b. Notice of the place, date and time of the hearing of the petition shall be
served upon the members of the Board and the challenged voter upon
filing of the petition;
c. A petition shall refer only to one (1) precinct and shall implead the Board as
respondents;
d. No costs shall be assessed against any party in these proceedings.
However, if the court should find that the application has been filed solely
to harass the adverse party and cause him to incur expenses, it shall order
the culpable party to pay the costs and incidental expenses;
e. Any voter, candidate or political party who may be affected by the
proceedings may intervene and present his evidence;
f. The decision shall be based on the evidence presented and in no case
rendered upon a stipulation of facts. If the question is whether or not the
voter is real or fictitious, his nonappearance on the day set for hearing
shall be prima facie evidence that the challenged voter is fictitious; and
g. The petition shall be heard and decided within ten (10) days from the date
of its filing. Cases appealed to the Regional Trial Court shall be decided
within ten (10) days from receipt of the appeal. In all cases, the court shall
decide these petitions not later than fifteen (15) days before the election
and the decision shall become final and executory.

Jurisdiction in Inclusion and Exclusion Cases The Municipal and


Metropolitan Trial Courts shall have ORIGINAL AND EXCLUSIVE jurisdiction over
all cases of inclusion and exclusion of voters in their respective cities or
municipalities. Decisions of the Municipal or Metropolitan Trial Courts MAY BE
APPEALED by the aggrieved party to the Regional Trial Court within five (5)
days from receipt of notice thereof. Otherwise, said decision shall become
final and executory. The regional trial court shall decide the appeal within ten
(10) days from the time it is received and the decision shall immediately
become final and executory. No motion for reconsideration shall be
entertained (Sec. 33, R.A. 8189).

It is not within the competence of the trial court, in exclusion proceedings, to


declare the challenged voter as a resident of another municipality. The
jurisdiction of the trial court is limited only to determining the right of the
voter to remain in the list of voters or to declare that the challenged voter is
not qualified to vote in the precinct in which he is registered, specifying the
ground for
the voters disqualification. (Domino v Comelec)

Petition for Inclusion Any person whose application for registration has
been disapproved by the Board or whose name has been stricken out from the
list may file with the court a petition to include his name in the permanent list
of voters in his precinct at any time except one hundred five (105) days prior
to a regular election or seventy-five (75) days prior to a special election. It
shall be supported by a certificate of disapproval of his application and proof
of service of notice of his petition upon the Board. The petition shall be
decided within fifteen (15) days after its filing (Sec. 34, R.A. 8189).

Petition for Exclusion: Any registered voter, representative of a political


party or the Election Officer, may file with the court a sworn petition for the
exclusion of a voter from the permanent list of voters giving the name,
address and the precinct of the challenged voter at any time except one
hundred (100) days prior to a regular election or sixty-five (65) days before a
special election. The petition shall be accompanied by proof of notice to the
Board and to the challenged voter and shall be decided within ten (10) days
from its filing (Sec. 35, R.A. 8189).

Annulment of Book of Voters: The Commission shall, upon verified petition of


any voter or election officer or duly registered political party, and after notice
and hearing, annul any book of voters that is not prepared in accordance with
the provisions of this Act or was prepared through fraud, bribery, forgery,
impersonation, intimidation, force or any similar irregularity, or which contains
data that are statistically improbable. No order, ruling or decision annulling a
book of voters shall be executed within ninety (90) days before an election (Sec.
39, R.A. 8189).
The annulment of the list of voters shall not constitute a ground for a preproclamation
contest (Ututalum v. COMELEC)
.
Overseas Absentee Voting Act (R.A. 9189)
Absentee voting- the process by which ratified citizen of the Philippines
abroad exercises their
right to vote. (Sec. 3)

Overseas Absentee Voter" refers to a citizen of the Philippines who is qualified


to register and vote under this Act, not otherwise disqualified by
aw, who is abroad on the day of elections. (Sec.
Coverage: All citizens of the Philippines abroad, who are not otherwise
disqualified by law, at least 18 years of age, may vote for President,
VicePresident, Senators, and Party-list
Representatives.
Disqualifications:
(Sec. 5)
1. Those who have lost their Filipino citizenship in
accordance with Philippine laws;
2. Those who have expressly renounced their Philippine citizenship and who
have pledged allegiance to a foreign country;
3. Those who have committed and are convicted in a final judgment by a court
or tribunal of an offense punishable by imprisonment of not less than one
(1) year, including those who have committed and been found guilty of
Disloyalty as defined under Article 137 of the Revised Penal Code, such
disability not having been removed by plenary pardon or amnesty; Provided,
however, That any person disqualified to vote under this subsection shall
automatically acquire the right to vote upon expiration of five (5) years after
service of sentence; Provided, further, That the Commission may take
cognizance of final judgments issued by foreign courts or tribunals only on
the basis of reciprocity and subject to the formalities and processes
prescribed by the
Rules of Court on execution of judgments;
4. An immigrant or a permanent resident who is recognized as such in the host
country, unless he/she executes, upon registration, an affidavit prepared for
the purpose by the Commission declaring that he/she shall resume actual
physical permanent residence in the Philippines not later than three (3)
years from approval of his/her registration under this Act. Such affidavit
shall also state that he/she has not applied for citizenship in another
country. Failure to return shall be the cause for the removal of the name of
the immigrant or permanent resident from the National Registry of Absentee
Voters and his/her permanent disqualification to vote in absentia.
5. Any citizen of the Philippines abroad previously declared insane or
incompetent by competent authority in the Philippines or abroad, as verified
by the Philippine embassies, consulates or Foreign Service establishments

concerned, unless such competent authority subsequently certifies that


such person is no longer insane or incompetent.
Personal Overseas Absentee Registration. Registration as an overseas absentee
voter shall be done in person. (Sec. 6)
The embassies, consulates and other foreign service establishments shall
transmit within (5) days from receipt the accomplished registration forms to the
Commission, after which the Commission shall coordinate with the Election
Officer of the city or municipality of the applicants stated residence for
verification, hearing and annotation in the permanent
list of voters. (Sec. 6)

The overseas absentee voter shall personally accomplish his/her ballot at the
embassy, consulate or other foreign service establishment that has
jurisdiction over the country where he/she temporarily resides or at any
polling place designated and accredited by the Commission. (Sec. 16(2)
The overseas absentee voter shall cast his ballot, upon presentation of the
absentee voter identification card issued by the Commission, within thirty (30)
days before the day of elections. In the case of seafarers, they shall cast their
ballots anytime within sixty (60) days before the day of elections as
prescribed in the
Implementing Rules and Guidelines. (Sec. 16(3)

Case Digest:
Overseas Absentee Voting
Petitioners are dual citizens whose applications for overseas absentee voting
pursuant to The Overseas Absentee Voting Act were denied by the COMELEC
due to lack of residency requirement as provided by Sec. 1, Art. V of 1987
Philippine Constitution.
WON the act of COMELEC is valid.
Section 2, Article V is the exception to the residency requirement found in
section 1 of the same article. Provided the duals meet the requirements under
section 1 in relation to R.A. 8189, they should not be denied the
right of
suffrage as an overseas absentee voter. (Lewis vs. COMELEC)
Registration of voters
Petitioner sought to direct the COMELEC to conduct a special registration of new
voters within 120 days before the May 14, 2001 General Elections.
WON the petition may be granted.
The exercise of right to suffrage is subject to existing substantive and
procedural requirements. Sec. 8, R.A. 8189 provides that no registration shall be

conducted during the period within 120 days before a regular election and 90
days before a special
election. (Akbayan-Youth vs. COMELEC)
Local Absentee Voting (E.O. 157)
Any person who by reason of public functions and duties, is not in his/her place
of registration on election day, may vote in the city/municipality where he/she is
assigned on election day: Provided, That he/she is a duly registered voter. (Sec.
1)
Thirty (30) days before the election, the appropriate head of office shall submit
to the Commission on Elections a list of officers and employees of the office who
are registered voters, and who, by reason of their duties and functions, will be in
places other than their place of registration, and who desire to exercise their
right to vote, with the request that said officers and employees be provided with
application forms to cast absentee ballots in their place of assignment.
The list and the request shall be under oath. (Sec. 2)
Upon verification of the applications, the Commission shall transmit the exact
number of absentee ballots to the appropriate head of the government office for
distribution to the applicants. (Sec. 5)
The voters who cast absentee votes shall vote one week before election day.
(Sec. 8)
The Commission on Elections shall canvass the votes cast by absentee voters
and shall add the results of the same to the votes reported throughout
the country. (Sec. 10)
The Party-List System Act (RA 794):
1. Party means either a political party or a sectoral party or a coalition of
parties.
2. Political Party refers to an organized group of citizens advocating an
ideology or platform, principles and policies for the general conduct of
government and which, as the most immediate means of securing their
adoption, regularly nominates and supports certain of its leaders and
members as candidates for public office. It is a national party when its
constituency is spread over the geographical territory of at least a majority of
the regions. It is a regional party when its constituency is spread over the

geographical territory of at least a majority of the cities and provinces


comprising the region.
3. Sectoral Party refers to an organized group of citizens belonging to any of
the sectors enumerated in Section 5 hereof whose principal advocacy pertains
to the special interest and concerns of their sector.
4. Sectoral Organization refers to a group of citizens or a coalition of groups
of citizens who share similar physical attributes or characteristics,
employment, interests or concerns.
5. Coalition refers to an aggrupation of duly registered national, regional,
sectoral parties or organizations for political and/or election purposes.
Registration
Election Law Reviewer
Any organized group of persons may register as a party, organization or coalition
for purposes of the party-list system by filing with the COMELEC not later than
ninety (90) days before the election a petition verified by its president or
secretary stating its desire to participate in the party-list system as a national,
regional or sectoral party or organization or a coalition of such parties or
organizations (Sec. 5, R.A.
7941).
No votes cast in favor of political party, organization or coalition shall be valid
except for those registered under the party-list system (Sec.
7, Art. IX-C, 1987 Constitution).
Purposes:
1. To acquire juridical personality;
2. To entitle it to rights and privileges granted to political parties; and
3. To participate in the party-list system.
Groups which cannot be registered as political parties (Sec. 3, R.A. 7941):
1. Religious denominations or sects;
2. Those who seek to achieve their goals through violence or unlawful means;
3. Those who refuse to uphold and adhere to the Constitution; and
4. Those supported by foreign governments.
Grounds for cancellation of registration (RAF- SVUCF) (Sec. 6, RA 7941):
1. It is a religious sect or denomination, organization or association, organized
for religious purposes;
2. It advocates violence or unlawful means to seek its goal;

3. It is a foreign party or organization;


4. It is receiving support from any foreign government, foreign political party,
foundation, organization, whether directly or through any of its officers or
members or indirectly through third parties for partisan election purposes;
5. It violates or fails to comply with laws, rules or regulations relating to
elections;
6. It declares untruthful statements in its petition;
7. It has ceased to exist for at least one (1) year; or
8. It fails to participate in the last two (2) preceding elections or fails to obtain at
least two per centum (2%) of the votes cast under the party-list system in the
two (2) preceding elections for the constituency in which it has registered.
Election of Party-List Representatives
Constitutional Provision: The party-list representatives shall constitute twenty
per centum of the total number of representatives including those under the
party list (Sec. 5 (2), Art. VI).
The Party List System It is a mechanism of proportional representation in the
election of representatives to the House of Representatives, from national,
regional and sectoral parties, organizations and coalitions thereof registered with
the COMELEC. The Party-list system was devised to replace the reserve seat
system the very essence of the party list system is representation by election
(Veterans Federation Party v. COMELEC).
Nomination of Party-List Representatives: Each registered party,
organization or coalition shall submit to the COMELEC not later than forty-five
(45) days before the election a list of names, not less than five (5), from which
party-list representatives shall be chosen in case it obtains the required number
of votes.
A person may be nominated in one (1) list only.
Only persons who have given their consent in writing may be named in the
list.
The list shall 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.
No change of names or alteration of the order of nominees shall be allowed
after the same shall have been submitted to the COMELEC except: 1.
Nominee dies or
2. Withdraws in writing his nomination,
3. Becomes incapacitated in which case the name of the substitute nominee
shall be placed last in the list.

Incumbent sectoral representatives in the House of Representatives who are


nominated in the party-list system shall not be considered resigned (Section
8, R.A. 7641).

Qualifications of Party-List Representatives:


1. Natural-born citizen of the Philippines;
2. A registered voter;
3. A resident of the Philippines for a period of not less than one (1) year
immediately preceding the day of the election;
4. Able to read and write;
5. A bona fide member of the party or organization which he seeks to represent
for at least ninety (90) days preceding the day of the election; and
6. At least twenty-five (25) years of age on the day of the election; In case of a
nominee of the youth sector, he must at least be twenty-five (25) but not
more than thirty (30) years of age on the day of the election. Any youth
sectoral representative who attains the age of thirty (30) during his term shall
be allowed to continue in office until the expiration of his term (Section 9, R.A.
7914).
Manner of Voting: Every voter shall be entitled to two (2) votes:
1. For candidate for member of the House of
Representatives in his legislative district; and
2. For the party, organizations, or coalition he wants represented in the house of
Representatives: Provided, That a vote cast for a party, sectoral organization,
or coalition not entitled to be voted for shall not be counted: Provided, finally,
That the first election under the party-list system shall be held in May 1998
(Section 10, R.A. 7941).
The Four Parameters in the Philippine-Style Party-List Election (BANAT v.
COMELEC):
1. 20% allocation: Twenty percent of the total number of the membership of
the House of Representatives is the maximum number of seats available to
party-list organizations, such that there is automatically one party-list seat for
every four existing legislative districts.
2. A guaranteed seat for a party-list organization garnering 2% of the
total votes cast: The guaranteed seats shall be distributed in a first round of
seat allocation to parties receiving at least two percent of the total party-list
votes.
3. Proportional representation: The additional seats, that is, the remaining
seats after allocation of the guaranteed seats, shall be distributed to the

party-list organizations including those that received less than two percent of
the total votes.
4. The three-seat cap. Each qualified party, regardless of the number of votes
it actually obtained, is entitled only to a maximum of 3 seats.

The formula in the allocation of party-list seat pronounced in Veterans


Federation Party v. COMELEC (GR No. 136781, October 6, 2000) has thus
been modified.

The continued operation of the two percent threshold as it applies to the


allocation of the additional seats is now unconstitutional because this
threshold mathematically and physically prevents the filling up of the
available party-list seats. The additional seats shall be distributed to the
parties in a second round of seat allocation (Barangay Association for National
Advancement and Transparency (BANAT) v. COMELEC, G.R.
No. 179271, April 21, 2009).

The three seat cap is not a violation of the Constitution because the 1987
Constitution does not require absolute proportionality for the partylist system.

The Guidelines for determining whether Party-List Groups have


complied with the requirements of Law (Ang Bagong Bayani-OFW Labor
Party v. COMELEC):
1. The political party, sector, organization or coalition must represent the
marginalized and the underrepresented groups identified in Sec. 5 of RA 7941.
Majority of its membership should belong to the marginalized and
underrepresented; even major political parties are expressly allowed by RA
7941 and the Constitution, they must comply with the declared statutory
policy of Filipino citizens belonging to marginalized and underrepresented
sectors to be elected to the House of Representatives. Thus, they must show
that they represent the interest of the
marginalized and underrepresented;
2. Religious sector may not be represented in the party-list system; except that
priests, imams or pastors may be elected should they represent not their
religious sect but the indigenous community
sector;
3. A party or an organization must not be disqualified under Sec. 6, RA 7941;
4. The party or organization must not be an adjunct of, or a project organized or
an entity funded or assisted by, the government;

5. The party, including its nominees must comply with the qualification
requirements of Section 9,
R.A. 7941;
6. Not only the candidate party or organization must represent the marginalized
and underrepresented
sectors, so also must its nominees;
7. While lacking a well-defined political constituency, the nominee must likewise
be able to contribute to the formation and enactment of appropriate
legislation that will benefit the nation as a whole.
CANDIDATES
Chapter 5
Candidate refers to any person aspiring for or seeking an elective public
office, who has filed a certificate of candidacy and that any person who files
certificate of candidacy within [the period for filing] shall only be considered as a
candidate at the start of the campaign period for which he filed his
certificate of candidacy. (Penera v. Comelec) Qualifications
President and Vice- President:
1.Natural-born citizen
2.Registered voter
3.Able to read and write
4.At least 40 years old on the day of the election
5.Resident of the Philippines for at least 10 years immediately preceding the day
of the election.
(Sec.2, Art. VII)
Senators:
1. Natural-born citizen
2. At least 35 yrs. old on the day of the election
3. Able to read & write
4. Registered voter
5. Resident of RP for not less than 2 years immediately preceding the day of the
election
(Sec. 2, Art. VI)
District Representatives:
1.
Natural-born citizen
2.
At least 25 years old on the day of election

3.
Able to read and write
4.
Registered voter in the district in which he shall be elected
5.
Resident of the same district for a period of not less than 1 year
Immediately preceding the day of
election. (Sec. 6, Art. VI)
Sectoral Representatives:
1. Natural-born citizen
2. At least 25 years old on the day of election
3. Able to read and write
4. Resident for a period not less than one year immediately preceding the day of
the election
5. Bona fide member of the sector he seeks to represent
Governor, Vice-governor, Mayor, Vice-mayor,
Punong barangay, Sanggunian (sg) members
1. Citizen of the Philippines;
2. Registered voter in the barangay, municipality, city or province, or, in the case
of a member of the SG panlalawigan, panlungsod or bayan, the district where
he intends to be elected;
3. Resident therein for at least 1 year immediately preceding the election;
4. Able to read and write Filipino or any other local language or dialect;
5. On election day, age must at least be:
a)23 years governor, vice-governor, member of the SG panlalawigan, mayor,
vice mayor, or
member of the SG panlungsod
of HUC;
b)21 years mayor or vice mayor of ICC, CC, or municipalities;
18 years member of the SG panlungsod or SG bayan, or punong barangay
or member of the SG barangay 15 but not more than 18 years
SK(Sec 39, R.A. 7160)

Qualifications prescribed by law are continuing requirements and must be


possessed for the duration of the officers active tenure. Once any of the
required qualification is lost, his title to the office may be seasonably
challenged. (Frivaldo
vs. COMELEC)

The law does not specify any particular date or time when the candidate must
possess citizenship unlike that for residence and age. It must be possessed
upon proclamation or on the
day that the term begins (Id.)

Disqualifications:

1. Under the Omnibus Election Code:


a. Declared as incompetent or insane by competent authority;
b. Convicted by final judgment for subversion, insurrection, rebellion or any
offense for which he has been sentenced to a penalty of
18 months imprisonment;
c. Convicted by final judgment for a crime involving moral turpitude;
d. Any person who is a permanent resident of
or immigrant to a foreign country.
2. Under the Local Government Code (Sec. 40, R.A. 7160) Applicable to
candidates for local elective office only (Magno v. COMELEC, supra):
a. Those sentenced by final judgment for an offense involving moral turpitude or
for an offense punishable by one (1) year or more of imprisonment, within two
(2) years after serving sentence;
Those who have not served their sentence by reason of the grant of
probation which should not be equated with service of sentence, should not
likewise be disqualified from running for a local elective office because the
twoyear period of ineligibility does not even begin to run (Moreno v.
COMELEC, GR No. 168550, August 10, 2006).
b. Those removed from office as a result of an administrative case;
An elective local official who was removed from office as a result of an
administrative case prior to January 1, 1992 the date of effectivity of the
Local Government Code is not disqualified from running for an elective
local public office, because Sec. 40 of the Local Government Code cannot
be given retroactive effect (Grego v. COMELEC, GR No. 125955, June 19,
1997).
c. Those convicted by final judgment for violating the oath of allegiance to the
Republic;
d. Those with dual citizenship;
Dual citizenship as a disqualification must refer to citizens with dual
allegiance. Consequently, persons with mere dual citizenship do not fall
under the disqualification (Mercado v. Manzano, GR No. 135083, May 26,
1999).
e. Fugitives from justice in criminal or nonpolitical cases here or abroad;
A fugitive from justice includes not only those who flee after conviction to
avoid punishment, but likewise those who, after being charged, flee to
avoid prosecution (Marquez v. COMELEC,).
f. 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 this Code;
Green card is ample evidence to show that the person is an immigrant
to, or a permanent resident of, the United States of America (Caasi v.
Court of Appeal).

g. The insane or feeble-minded.


3. Additional Grounds for Disqualification (Sec.
68, BP 881)
a. One who has violated provisions on:
i. Campaign period
ii. Removal, destruction of lawful election
propaganda
iii. Prohibited forms of propaganda
iv. Regulation of propaganda through mass media
b. One who has given money or other material
consideration to influence voters
c. One who committed acts of terrorism
d. One who spent election campaign in excess allowed by law
e. One who solicited or received contribution
prohibited by law
President:
1. not eligible for any reelection;
2. no person who has succeeded as President and served as such for more than
four years shall be qualified for election to the same office at any time. (Sec.4,
Art. VII)
3. General Disqualification*
Vice-President:
1. Shall not serve for more than two consecutive terms. (Sec.4, Art. VII and Sec.
4, Art. VI);
2. General Disqualifications:
a. one who has been declared by competent authority as insane or
incompetent;
One who has been sentenced by final judgment for subversion, insurrection,
rebellion, or for any offense for which he has been sentenced to a penalty of
more than 18 months or for a crime involving moral turpitude, unless given
plenary
pardon or granted amnesty. (Sec. 12, BP 881) Senators:
Shall not serve for more than two consecutive terms.
(Sec 4(2), Art. VI)
District Representatives:
1. Shall not serve for more than three consecutive terms. (Sec. 7 Art. VI);

2. One who has been declared by competent authority as insane or


incompetent;
3. One who has been sentenced by final judgment for subversion, insurrection,
rebellion, or for any offense for which he has been sentenced to a penalty of
more than 18 months or for a crime involving moral turpitude, unless given
plenary pardon or granted amnesty. (Sec. 12, BP 881 or the Omnibus Election
Code)
Governor, Vice-governor,
Sanggunian (sg) members:
(Sec. 41, R.A. 7160)

Mayor,

Vice-mayor,

Punong

barangay,

1. sentenced by final judgement for an offense involving moral turpitude or for an


offense punishable by 1 year or more, within 2 years after serving sentence;
2. removed from office as a result of an administrative case;
3. convicted by final judgment for violating the oath of allegiance to the Republic
of the Philippines;
4. with dual citizenship;
5. fugitives from justice in criminal and non-political case here and abroad;
6. permanent residents in a foreign country or those who have acquired the right
to reside abroad and continue to avail of the same right after the effectivity of
the Local Government Code;
7. insane or feeble-minded
Certificate of Candidacy
A statement of a person seeking to run for a public office certifying that he
announces his candidacy for the office mentioned and that he is eligible for the
office, the name of the political party to which he belongs if he belongs to any,
and his post-office address for all election purposes being as well stated (Sinaca
v Mula).

No person shall be eligible for any elective public office unless he files a sworn
certificate of candidacy within the period fixed by law (Sec. 73, OEC).

Automatic Resignation Officials holding appointive offices, including


active members of AFP and officers of government-owned or controlled
corporations shall be considered ipso facto resigned (Sec. 66, OEC & Art. 13,
par. 3, R.A. 9369).

Only elective officials may file their certificates of candidacy without being
deemed ipso facto resigned from their posts. There is no violation of the equal
protection clause since there is a

SUBSTANTIAL DISTINCTION BETWEEN ELECTIVE AND APPOINTIVE OFFICIALS to


warrant differential treatment:
i. Elective officials occupy their office by virtue of the mandate of the
electorate. On the other hand, appointive officials hold their office by
virtue of their designation thereto by an appointing authority.
ii. Appointive officials, as officers and employees in the civil service, are
strictly prohibited from engaging in any partisan political activity or take
part in any election except to vote. On the other hand, elective officials, or
officers or employees holding political offices, are obviously expressly
allowed to take part in political and electoral
activities (Quinto, et al. v COMELEC)

Formal Defects
in
the Certificate
of
Candidacy: The election of a candidate cannot be annulled on the sole
ground of formal defects in his certificate of candidacy (De Guzman v.
Board of Canvassers).

Death, Disqualification or Withdrawal of Candidate; Substitution of


Candidate: If after the last day for the filing of certificates of candidacy, an
official candidate of a registered accredited political party dies, withdraws or
is disqualified for any cause, only a person belonging to, and certified by, the
same political party may file a certificate of candidacy to replace the
candidate who died, withdrew or was disqualified not later than mid-day of
the day of the election (Sec. 76, OEC).

Withdrawal of Certificate of Candidacy: The withdrawal of the certificate


of candidacy shall effect the disqualification of the candidate to be elected,
for the position. The withdrawal of the withdrawal, for the purpose of reviving
the certificate of candidacy, must be made within the period provided by law
for the filing of certificates of candidacy.

Filing of Two Certificates of Candidacy: When a person files two


certificates of candidacy for different offices, he becomes ineligible for either
position (Sec. 72, OEC). He may withdraw one of his certificates by filing a
sworn declaration with the Commission before the deadline for the filing of
certificates of candidacy.
Before the deadline for filing the certificate, a candidate may withdraw all
except one, declaring under oath the office for which he desires to be eligible
and cancel the certificate of candidacy for other office or offices (Go v.
COMELEC).

The COMELEC shall have only the ministerial duty to receive and acknowledge
receipt of the certificates of candidacy (Sec. 76, OEC). Accordingly, the

COMELEC may not, by itself, without proper proceedings, deny due course to
or cancel a certificate of candidacy filed in due form.
Exceptions:
1. Authority over nuisance candidates
2. Power to deny due course to or cancel a certificate of candidacy under Sec.
78, OEC

Nuisance Candidates: COMELEC may motu propio or upon petition of an


interested party, refuse to give due course to or cancel a certificate of
candidacy if shown that said certificate was filed:
1. To put the election process in mockery or disrepute;
2. To cause confusion among voters by similarity of names of registered
candidates;
3. By other circumstances or acts which demonstrate that a candidate has no
bona fide intention to run for the office for which his certificate of
candidacy has been filed, and thus prevent a faithful determination of the
true will of the electorate.

Petition to Deny Due Course or to Cancel Certificate of Candidacy


The COMELEC, upon proper petition, may cancel a certificate of candidacy
on the ground that any material misrepresentation contained therein as
required under Sec. 74 of the OEC is false (Sec. 78, OEC), provided that (a)
the false representation pertains to material matter affecting substantive
rights of a candidate and that (b) the false representation must consist of
deliberate attempt to mislead, misinform, or hide a fact which would
otherwise render a candidate ineligible (Salcedo II v. COMELEC).
The petition may be filed not later than 25 days from the time of filing of
the certificate of candidacy, and shall be decided, after due notice and
hearing, not later than 15 days before the election (Section 78 B.P. 881).
Jurisdiction over a petition to cancel a certificate of candidacy lies with the
COMELEC in division, not with the COMELEC en banc (Garvida v. Sales).

Effect of Disqualification Case: Any candidate who has been declared by


final judgment to be disqualified shall not be voted for, and the votes cast for
him shall not be counted. If for any reason a candidate is not declared by final
judgment before an election to be disqualified and he is voted for and
receives the winning number of votes in such election, the Court or
Commission shall continue with the trial and hearing of the action, inquiry, or
protest and, upon motion of the complainant or any intervenor, may during
the pendency thereof order the suspension of the proclamation of such

candidate whenever the evidence of his guilt is strong (Sec. 6, RA 6646 or the
Electoral Reforms Law of 1987).
Note that the COMELEC can suspend proclamation only when evidence of
the winning candidates guilt is strong (Codilla, Sr. v. De Venecia, et. al).
The use of the word may indicates that the suspension of the
proclamation is merely permissive. If the COMELEC does not find any
sufficient ground to suspend proclamation, then a proclamation may be
made (Grego v. COMELEC, supra).
It is incorrect to say that since a candidate has been disqualified, the votes
intended for the disqualified candidate should, in effect, be null and void.
This would amount to disenfranchising the electorate in whom sovereignty
reside (Ortega v. COMELEC).
The ineligibility of a candidate receiving majority votes does not entitle the
eligible candidate receiving the next highest number of votes to be
declared elected.
Exceptions:
1. The one who obtained the highest number of votes is disqualified; AND
2. The electorate is fully aware in fact and in law of the candidates
disqualification so as to bring such awareness within the realm of notoriety
but would nonetheless cast their votes in favor of the ineligible candidate.
(Grego v. COMELEC, supra).

Case Digest:
Term of office
The petitioner was duly elected and served 2 consecutive terms as Municipal
Mayor prior to 1995 elections. In the 1995 elections he was again proclaimed
winner but due to election protest against him, he was removed from office
months before the 1998 elections. In the 1998 elections he again ran and won. A
disqualification case was filed against him.
WON petitioners service from 1996 to 1998 as Mayor may be considered as
service of one full term. Two requisites for the disqualification must concur: 1.
that the official concerned has been duly elected for three consecutive terms in
the same local government post; and 2. that he has fully served three
consecutive terms. The two requisites are absent. He cannot be considered as
having been duly elected and he did not fully serve the term by reason of
involuntary relinquishment of office.
(Lonzanida vs. COMELEC)
Philippine citizenship

Private respondent filed a petition for disqualification alleging that petitioner is


not a citizen of the Philippines, But an immigrant and resident of USA. Petitioner
admitted that he was a naturalized American citizen but he applied for dual
citizenship under R.A. 9225.
WON he may be allowed to run for public office.
R.A. 9225 imposes an
additional requirement on those who wish to seek elective public office. He is
thus disqualified from running for public office in view of his failure to renounce
his American citizenship.
(De Guzman vs. COMELEC)
__________
Petitioner believing that he is a Filipino citizen, upon filing an application for
repatriation, filed his Certificate of Candidacy for mayor.
The absence of any official action or approval by the proper authorities, a mere
application for repatriation does not and cannot amount to the automatic
reacquisition of the applicants Philippine citizenship.
(Labo vs. COMELEC)
Moral Turpitude
A petition for disqualification was filed against the petitioner for the alleged
conviction for violation of BP 22 which is a crime involving moral turpitude. WON
every criminal act involves moral turpitude. Not every criminal act involves
moral turpitude and the court has the authority to determine. It depends upon
the circumstances surrounding the violation of the statute. (Villaber vs.
COMELEC)

Fugitive from Justice


Petitioner sought the cancellation of respondents Certificate of Candidacy on the
ground that the latter is a fugitive from justice. The respondent is allegedly
criminally charged in the United States and that his arrest is yet to be served
because of his flight from the country.
WON fugitive from justice covers only those convicted by final judgment.
Fugitive from justice does not mean a person convicted by final judgment. It
includes those after being charged flees to avoid prosecution. (Marquez
vs. COMELEC)
Green Card Holder
Petitioner was sought to be disqualified to hold public office on the ground that
he is a green card holder. He alleged that he merely obtained the green card for
convenience, that he is a permanent resident of the Philippines and voted in the
previous elections.
WON green card is proof that the holder is a permanent resident of the United
States.

Immigration to the Unites States constituted an abandonment of respondents


domicile and residence in the Philippines. He entered the United States with the
intention to have his residence there permanently as evidenced by the
application for an immigrants visa.
To be qualified to run for elective office in the Philippines, the law requires that
the candidate who is a green card holder must have waived his status as a
permanent resident or immigrant of a foreign country.
(Caasi vs. COMELEC)

CAMPAIGN, ELECTION PROPAGANDA, CONTRIBUTIONS AND


EXPENDITURES
Chapter 6
Election Campaign or Partisan Political Activity refers to an act designed
to promote the election or defeat of a particular candidate or candidates to a
public office (Sec. 79, OEC).

Prohibition against Premature Campaigning


Partisan political activities are prohibited outside the campaign period (Sec.
80, OEC). However, the following political activities are permitted outside the
campaign period:
1. Those performed for the purpose of enhancing the chances of aspirants
for nomination for candidacy to a public office by a political party,
aggroupment, or coalition of
parties;

2. Public expressions or opinions or discussions of probable issues in a


forthcoming election or on attributes of or criticisms against probable
candidates proposed to be nominated in a forthcoming political party
convention (Sec. 79, OEC).

If there is yet no candidate whose interest it is to be promoted or defeated,


there is no restriction to any election campaign or partisan political activity.
Accordingly, engaging in partisan political activity in favor of, or against, a
person who has not filed a certificate of candidacy is not prohibited.

A person who files a certificate of candidacy is not a candidate until the start
of the campaign period (Lanot v. Comelec)

A candidate is liable for an election offense only for acts done during the
campaign period, not before. The law is clear as daylight any election
offense that may be committed by a candidate under any election law cannot
be committed before the start of the campaign period. (Penera v. Comelec)

Fair Elections Act


(R.A. 9006)
Lawful Election Propaganda
1. Written/Printed Materials (does not exceed 8 in. width by 14 in. length)
2. Handwritten/printed letters
3. Posters (not exceeding 2 x 3 ft.), however, 3 by 8 ft. streamers are allowed in
announcing a public meeting or rally, at the site and on the occasion of a
public meeting or rally, may be displayed 5 days before the date of rally but
shall be removed within 24 hours after said rally.
4. Print Ads
5. page in broadsheets and page in tabloids thrice a week per newspaper,
magazine or other publication during the campaign period
6. Broadcast Media (i.e. TV and Radio):
a. National Positions: 120 minutes for TV and
180 minutes for radio;
b. Local Positions: 60 minutes for TV and 90
minutes for radio.
Prohibited forms of Election Propaganda (Sec. 85, BP 881)
(a) To print, publish, post or distribute any poster, pamphlet, circular, handbill,
or printed matter urging voters to vote for or against any candidate unless they
bear the names and addresses of the printer and payor as required in Section 84
hereof; (b) To erect, put up, make use of, attach, float or display any billboard,

tinplate-poster, balloons and the like, of whatever size, shape, form or kind,
advertising for or against any candidate or political party;
(c)To purchase, manufacture, request, distribute or accept electoral propaganda
gadgets, such as pens, lighters, fans of whatever nature, flashlights, athletic
goods or materials, wallets, shirts, hats, bandanas, matches, cigarettes and the
like, except that campaign supporters accompanying a candidate shall be
allowed to wear hats and/or shirts or T-shirts advertising a candidate;
(d)To show or display publicly any advertisement or propaganda for or against any
candidate by means of cinematography, audio-visual units or other screen
projections except telecasts which may be allowed as hereinafter provided; and
(e)For any radio broadcasting or television station to sell or give free of charge air
time for campaign and other political purposes except as authorized in this
Code under
the rules and regulations
promulgated
by
the
Commission pursuant thereto
Any prohibited election propaganda gadget or advertisement shall be stopped,
confiscated or torn down by the representative of the Commission upon specific
authority of the Commission. (Sec. 39, 1978 EC, modified)
campaign period; the second day within the fifth week of the campaign period;
and the third day within the tenth weeks of the campaign period (Sec 7.2, RA
9006).
Right to Reply
have the right to reply to charges
published
against
them. The reply shall be given publicity by the
All registered parties and bona fide candidates shall

Election Survey: The Supreme Court held that Sec. 5.4 of the Fair Elections
Act prohibiting publication of survey results 15 days immediately preceding a
national election and 7 days before a local election violates the constitutional
rights of speech, expression, and the press because:
It imposes a prior restraint on the freedom of expression;
It is a direct and total suppression of a category of expression even though
such suppression is
only for a limited period; and
The governmental interest sought to be promoted can be achieved by means
other than the suppression of freedom of expression (Social Weather Station
v. COMELEC, G.R. No. 147571 May 5, 2001).
COMELEC Space

The COMELEC shall procure the print space upon payment of just compensation
from at least three (3) national newspapers of general circulation wherein
candidates for national office can announce their candidacies. Such space shall
be allocated free of charge equally and impartially among all the candidates for
national office on three (3) different calendar days: the first day within the first
week of the campaign period; the second day within the fifth week of the
campaign period; and the third day within the tenth week of the campaign
period (Sec. 7.1, RA 9006).
COMELEC Time
The COMELEC shall also procure free airtime from at least three (3) national
television networks and three(3) national radio networks, which shall also be
allocated free of charge equally and impartially among all candidates for
national office. Such free time shall be allocated on three (3) different calendar
days; the first day within the first week of the newspaper, televeision and/or
radio station which first printed or aired the charges with the same prominence
or in the same page or section or in the same time slot as the first statement
(Sec. 10, RA 9006, Fair Election Act).
Equal Access to Media Time and Space (Sec 6, BP
881)

Print advertisements shall not exceed onefourth (1/4) page in broadsheet


and one-half (1/2) page in tabloids thrice a week per newspaper, magazine
or other publications, during the campaign period.

Not more than one hundred twenty (120) minutes of


advertisement and one hundred eighty (180) minutes
advertisement whether by purchase or donation.

Not more than sixty (60) minutes of television advertisement and ninety
(90) minutes of radio advertisement whether by purchase or donation.

television
of radio

Exit Polls
Exit polls may only be taken subject to the following requirements:
1. Pollsters shall not conduct their surveys within fifty (50) meters from the
polling place, whether said survey is taken in a home, dwelling place and
other places;
2. Pollsters shall wear distinctive clothing;
3. Pollsters shall inform the voters that they may refuse to answer; and
4. The result of the exit polls may be announced after the closing of the polls on
election day, and must clearly identify the total number of respondents, and
the places where they were taken. Said announcement shall state that the
same is unofficial and does not represent a trend.

Exit polls and the dissemination of their results through mass media
constitutes part of the freedom of speech and of the press. Hence, the
Comelec cannot ban them totally in the guise of promoting clean, honest,
orderly and credible elections. (ABS-CBN v. COMELEC, G.R. No. 133486,
January 28, 2000)
Contribution- includes a gift, donation, subscription, loan, advance or
deposit of money or anything of value, or a contract, promise or agreement to
contribute,
whether or not legally enforceable, made for the purpose of
influencing the results of the 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. It shall also include the use of
facilities voluntarily donated by other persons, the money value of which can
be assessed based on the rates
prevailing in the area. (Sec. 94, BP 881)
Prohibited Contributions:
1. Contribution for purposes of partisan political activity shall be made directly or
indirectly by any of the following:
a. Public or private financial institutions; except, loan made by financial
institutions legally in the business of lending money, and in accordance
with laws and regulations and in the ordinary course of business;
b. Natural and juridical persons operating a public utility or in possession of or
exploiting any natural resources of the nation;
c. Natural and juridical persons who hold contracts or sub-contracts to supply
the government or any of its divisions, subdivisions or instrumentalities,
with goods or services or to perform construction or other works;
d. Natural and juridical persons who have been granted franchises,
incentives, exemptions, allocations or similar privileges or concessions by
the government or any of its divisions, subdivisions or instrumentalities,
including government-owned or controlled corporations;
e. Natural and juridical persons who, within one year prior to the date of the
election, have been granted loans or other accommodations in excess of
P100,000 by the government or any of its divisions, subdivisions or
instrumentalities including governmentowned or controlled corporations;
f. Educational institutions which have received grants of public funds
amounting to no less than P100,000.00;
g. Officials or employees in the Civil Service, or members of the Armed Forces
of the
Philippines; and
h. Foreigners and foreign corporations.

It shall be unlawful for any person to solicit or receive any contribution from
any of the persons or entities enumerated herein (Sec.
95, OEC).
2. It shall be unlawful for any person, including a political party or public or
private entity to solicit or receive, directly or indirectly, any aid or contribution
of whatever form or nature from any foreign national, government or entity
for the purposes of influencing the results of the election (Sec 96, OEC).
3. It shall be unlawful for any person to hold dances, lotteries, cockfights,
games, boxing bouts, bingo, beauty contests, entertainments, or
cinematographic, theatrical or other performances 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; or for
any person or organization, whether civic or religious, directly or indirectly, to
solicit and/or accept from any candidate for public office, or from his
campaign manager, agent or representative, or any person acting in their
behalf, any gift, food, transportation, contribution or donation in cash or in
kind from the commencement of the election period up to and

including election day; except, normal and distinction as to whether the


candidate customary religious stipends, tithes, or collections pursued his
candidacy or withdrew it. The on Sundays and/or other designated collection
State has an interest in seeing that the days, are excluded from this
prohibition (Sec. 97, electoral process is clean. One way of
OEC).
attaining
the objective is
to
regulate
contributions
and expenses of candidates. A candidate who withdrew may have accepted
Expenditure- includes the payment or delivery of contributions and incurred
expenses. money of anything of value, or a contract, promise or agreement
to make an expenditure, for the purpose of influencing the results of the
election. It shall also include the use of facilities personally owned by the
candidate, the money value of the use of which can be assessed based on
the rates prevailing in the area. (Sec. 94, BP 881)
Limitation on Expenses:
Candidates: Ten pesos (P10.00) for
President and Vice-President; and for
other candidates
Three Pesos (P3.00) for every voter
currently registered in the constituency
where he filed his
Electoral Sabotage- any person or member of the board of election inspectors
or board of canvassers who tampers, increases or decreases the votes received
by a candidates in any election or any member of the board who refuses after
proper verification and hearing ,to credit the correct votes or deduct such
tampered votes: Provided, however, That when the tampering, increase or
decrease of votes or the refusal to credit the correct votes and /or to deduct
tampered to deduct tampered votes are perpetrated on large scale or in
substantial numbers, the same shall be considered not as an ordinary election
offense under Section 261 of the omnibus election code. But a special election
offense to be known as electoral sabotage and the penalty to be imposed shall
be life imprisonment.

"The act or offense committed shall fall under the category of electoral sabotage
in any of the following instances;

(1)When the tampering, increase and / or decrease of votes perpetrated or the


refusal to credit the correct votes or to deduct tampered votes, is/are committed
in the election of a national elective office which is voted upon nationwide and
the tampering, increase and/ or decrease votes refusal to credit the correct
votes or to deduct tampered votes, shall adversely affect the results of the
election to the said national office to the extent that losing candidate/s is /are
made to appear the winner/s;

(2)Regardless of the elective office involved, when the tampering, increase and/or
decrease of votes committed or the refusal to credit the correct votes or to
deduct tampered votes perpetrated , is a accomplished in a single election
document or in the transposition of the figure / results from one election
document to another and involved in the said tampering increase and/or
decrease or refusal to credit correct votes or deduct tampered votes exceed five
thousand (5,000) votes, and that the same adversely affects the true results of
the election ;

(3)Any and all other forms or tampering increase/s and/ or decrease/s of votes
perpetuated or in cases of refusal to credit the correcp votes or deduct the
tampered votes, where the total votes involved exceed ten thousand (10,000)
votes;

"Provided finally; That any and all either persons or individuals determined to be
conspiracy or in connivance with the members of the BEIs or BOCs involved,
shall be meted the same penalty of life imprisonment." (Sec. 27)

Prosecution. - The Commission shall, through its duly authorized legal officers,
have the power, concurrent with the other prosecuting arms of the government,
to conduct preliminary investigation of all election offenses punishable under
this Code, and prosecute the same (Sec. 265)

Case Digest:
Propaganda materials
Petitioner entered into formal agreements with certain establishments to
endorse their products and for the use his name and image. Then, he filed his
Certificate of Candidacy for the position of Senator. COMELEC ordered the
petitioner to remove his billboards and to cover them from public view.

WON the order of the COMELEC is valid.


By regulating the use of election propaganda materials, the COMELEC is merely
doing its duty under the law. If the subject billboards will be allowed, he would
have more opportunity to make themselves known to the electorate, to the
disadvantage of other candidates who do not have the same chance.
(Chavez vs. COMELEC)
Election propaganda
Petitioner prayed that Sec. 12, R.A. 6132 be declared unconstitutional for it
declares unlawful to print and publish any advertisement, paid comment or paid
article in favor of a candidate unless the names of all other candidates are also
mentioned with equal prominence.
WON the Law is unconstitutional.The slight limitation of the freedom of
expression of the individual, whether candidate or not, is only one of the many
devices employed by the law to prevent a clear and present danger of the
perversion and prostitution of the electoral apparatus and of denial of equal
protection of the laws. (Badoy, Jr. vs. COMELEC)
_____
Petitioner participated in a motorcade after filing her Certificate of Candidacy.
Won it is considered premature campaigning
A person who files a COC is not a candidate until the start of the campaign
period. A candidate is liable for an election offense only for acts during the
campaign period, not before. (Penera vs. COMELEC)
_____
Petitioners brought this action for prohibition to enjoin the Commission on
Elections from enforcing 5.4 of R.A. No. 9006 (Fair Election Act), which provides:
Surveys affecting national candidates shall not be published fifteen (15) days
before an election and surveys affecting local candidates shall not be published
seven (7) days before an election.
WON said provision is unconstitutional
The Court held that 5.4 is invalid because (1) it imposes a prior restraint on the
freedom of expression, (2) it is a direct and total suppression of a category of
expression even though such suppression is only for a limited period, and (3) the
governmental interest sought to be promoted can be achieved by means other
than the suppression of freedom of expression. (SWS vs. COMELEC)