Professional Documents
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Election Law
Election Law
Embodiment of the popular will, the expression of the sovereign power of the people.
Components
Regular election refers to an election participated in by those who possess the right
of suffrage and not disqualified by law and who are registered voters
Special election is when there is failure of election on the scheduled date of regular
election in a particular place or which is conducted to fill up certain
vacancies, as provided by law
Political Parties
Definition (Omnibus Election Code)
An organized group of persons pursuing the same ideology, political ideas or
platforms of government including its branches and divisions.
Types of Political Parties
1) Registered Parties:
a. Dominant Majority Party usually the administration party; entitled to a copy of
election return
b. Dominant Minority Party entitled to a copy of election return
c. Majority Political Party
d. Top 3 Political Parties entitled to appoint principal watcher and a copy of the
certificate of canvass
e. Bottom 3 political parties entitled to appoint principal watcher
2) Non-registered parties
Criteria to Determine the Type of Political Party
a.
b.
c.
d.
e.
Deactivation/ Reactivation
Exclusion/ Inclusion
Cancellation of Registration in case of Death
New voters
Annulment of Book of Voters
Transfer of Residence
Violence
Terrorism
Loss or destruction of election paraphernalia/records
Force majeure
Other analogous causes
Effect
It is impossible to hold a free, orderly and honest election in any political
subdivision
COMELEC can postpone the election (when decided by a majority vote of the
COMELEC sitting en banc, RA 7166):
A. Motu proprio
B. Upon a verified petition by any interested party, after due notice and hearing
Date of new election
The date of the postponed election should be reasonably close to the date of the
election not held, suspended, or which resulted in a failure to elect. It should not be later
than 30 days after the cessation of the cause for such postponement or suspension of
the election or failure to elect.
Failure of Election
Causes
Force majeure
Violence
Terrorism
Fraud
Other analogous causes
Under RA 7166, the causes for the declaration of the failure of election may
occur before or after the casting of votes or on the day of the election.
Effects of above causes
A. Election in any polling place was not held on the date fixed;
B. Election was suspended before the hour fixed by law for the closing of the voting
C. Elections results in a failure to elect (after the voting and during the preparation and
transmission of the election returns or in the custody or canvass thereof)
AND the failure or suspension of the election would affect the result of the
election
Remedy
COMELEC can call for the holding or continuation of the election not held,
suspended, or which resulted in a failure to elect. The election should be held not later
than 30 days after the cessation of the cause of the postponement or suspension of the
election or failure to elect. This is decided by the COMELEC, by a majority vote of its
members, sitting en banc.
RA 7941 Party-List System Act
Seeks to promote proportional representation
Any party already registered need not register anew. File manifestation not later than
90 days before election.
Grounds for refusing or canceling registration of Party-Lists groups
a. Religious sect or denomination, organization
b. Advocates violence
c. Foreign party or organization
d. Receives foreign support
e. Violates election law
f. Untruthful statements in its petition
g. Ceased to exist for at least one year
h. Failed to participate in the last two preceding elections or fails to obtain at least 2%
of the votes cast under the party-list system in the 2 preceding elections for the
constituency in which it has registered
Nomination of party-list reps should not include any candidate for any elective office
or a person who has lost his bid for an elective office in the immediately preceding
election
Incumbent sectoral representatives in the House of Representatives who are
nominated in the party-list system shall not be considered resigned
Party List Reps constitute 20% of the total number of the members of the House of
Reps including those under the party-list
How do we determine the number of party list seats in the House of Reps?
(# of District Reps / 0.80) x 0.20 = # of party list reps
There are presently 208 legislative districts, according to the Veterans Federation
Case
The 5 major political parties are now entitled to participate in the party list system
Parties receiving at least 2% of the total votes cast for the party-list system shall be
entitled to one seat each
No party shall be entitled to more than 3 seats
Currently, there are 260 seats. So 20 % of 260 is 52 seats. But this is only a ceiling.
A list with 5 names should be submitted to COMELEC as to who will represent the
party in the Congress. Ranking in the list submitted determines who shall represent
party or organization.
Pre-Proclamation Controversies
Definition
A. A pre-proclamation controversy refers to any question pertaining to or affecting
the proceedings of the board of canvassers which may be raised by any
candidate or by any registered political party or coalition of political parties before
the board or directly with the COMELEC.
B. It would also refer to any matter raised under Sections 233, 234, 235, and 236 of
the Omnibus Election Code in relation to the preparation, transmission, receipt,
custody, and appreciation of the election returns. (Board of canvassers have
original jurisdiction while COMELEC have appellate jurisdiction)
1. When election returns are delayed, lost or destroyed (Sec.233)
2. Material defects in the election returns (Sec. 234)
3. When election returns appear to be tampered with or falsified. (Sec.
235)
4. Discrepancies in election returns (Sec. 236)
C. Those that can be filed with COMELEC directly are the ff:
Issue involves the illegal composition or proceedings of the board of
canvassers, as when a majority or all of the members do not hold legal
appointments or are in fact usurpers
Issue involves the correction of manifest errors in the tabulation or tallying
of the results during the canvassing
Recount
There can be a recount under the grounds of 234-236. The returns involved will affect
the results and the integrity of the ballot box has been preserved
Issues that may be raised in a pre-proclamation controversy
A. Illegal composition or proceedings of the board of canvassers
B. The canvassed election returns are incomplete, contain material defects, appear to
be tampered with or falsified, or contain discrepancies in the same returns or in
authentic copies thereof.
C. The election returns were prepared under duress, threats, coercion, or intimidation,
or they are obviously manufactured, or not authentic.
D. When substitute or fraudulent returns in controverted polling places were canvassed,
the results of which materially affected the standing of the aggrieved candidate/s.
Procedure
A. Contested composition or proceedings of the board (under RA 7166)
It may be initiated in the board or directly with COMELEC.
B. Contested election returns (under RA 7166)
Matters relating to the preparation, transmission, receipt, custody and
appreciation of the election returns, and certificate of canvass, should be brought in the
first instance before the board of canvassers only.
Summary nature of pre-proclamation controversy
A. Pre-proclamation controversies shall be heard summarily by the COMELEC.
B. Its decision shall be executory after the lapse of 5 days from receipt by the losing
party of the decision, unless restrained by the SC.
Effect of filing petition to annul or suspend proclamation
It suspends the running of the period within which to file an election protest or
quo warranto proceedings.
When not allowed
Pre-proclamation cases on matters relating to the preparation, transmission,
receipt, custody and appreciation of the election returns or the certificates of canvass
NOT allowed in elections for: (under RA 7166)
President
Vice-President
Senator
Member of the House of Representatives
BUT: The appropriate canvassing body motu propio or upon written complaint of an
interested person can correct manifest errors in the certificate of canvass or election
returns before it.
BUT: Questions affecting the composition or proceedings of the board of canvassers
may be initiated in the board or directly with COMELEC.
When pre-proclamation cases are deemed TERMINATED (RA 7166)
A. All pre-proclamation cases pending before the COMELEC shall be deemed
terminated at the beginning of the term of the office involved and the rulings of the
boards of canvassers concerned deemed affirmed.
B. This is without prejudice to the filing of a regular election protest by the aggrieved
party.
C. HOWEVER: Proceedings MAY CONTINUE if:
1. The COMELEC determines that the petition is meritorious and issues an
order for the proceedings to continue or
2. The Supreme Court issues an order for the proceedings to continue in a
petition for certiorari.
Election Contest
Original Jurisdiction
COMELEC has ORIGINAL jurisdiction over contests relating to the elections,
returns, qualifications of all elective:
Regional
Provincial
City officials
Appellate Jurisdiction
COMELEC has APPELLATE jurisdiction over all contests involving:
A. Elective MUNICIPAL officials decided by trial courts of GENERAL jurisdiction
B. Elective BARANGAY officials decided by trial courts of LIMITED jurisdiction
Who can file a petition contesting the election
Any candidate who has duly filed a certificate of candidacy and has been voted
for the same office
Purpose of an election contest
The defeated candidate seeks to outs the proclaimed winner and claims the seat.
Final COMELEC Decisions
Provision that decisions, final orders, rulings of the Commission on election
contests involving municipal and barangay offices are final, executory and not
appealable:
A. This only applies to questions of FACT. ( Flores v. COMELEC, 184 SCRA 484)
B. It does NOT preclude a special civil action of certiorari. (Galido v. COMELEC,
Jan. 18,1991)
Distinctions between Pre-Proclamation Controversy and Election Contest
1) Dividing line: Proclamation of a candidate
2) Jurisdiction
A. Pre-proclamation controversy
1.The jurisdiction of COMELEC is administrative/quasi-judicial
2.It is governed by the requirements of administrative due process
B. Election contest
1.The jurisdiction of COMELEC is judicial
2.It is governed by the requirements of judicial process
3) In some cases, even if the case (involving municipal officials) began with the
COMELEC before proclamation but a proclamation is made before the controversy is
resolved, it ceases to be a pre-proclamation controversy and becomes an election
contest cognizable by the RTC.
4) However, in some cases, the SC has recognized the jurisdiction of COMELEC over
municipal cases even after proclamation. Relate to the provision in RA 7166
allowing pre-proclamation controversy proceedings to continue even after a
proclamation has been made.
privilege to any