Professional Documents
Culture Documents
Election Law Reviewer
Election Law Reviewer
ELECTION LAWS
Election
Embodiment of the popular will, the expression of the sovereign power of the
people.
Components:
Choice or selection of candidates to public office by popular vote
Conduct of the polls
Listing of votes
Holding of Electoral campaign
Act of casting and receiving the ballots from the voters
Counting the ballots
Making the election returns
Proclaiming the winning candidates
Regular election refers to an election participated in by those who possess the right
of suffrage and not disqualified by law and who are registered voters.
Special election is when there is failure of election on the scheduled date of regular
election in a particular place or which is conducted to fill up certain vacancies, as
provided by law.
Political Parties
Definition (Omnibus Election Code)
An organized group of persons pursuing the same ideology, political ideas or platforms
of government including its branches and divisions.
2.1 Sentenced by final judgment for an offense involving moral turpitude or for an
offense punishable by one year or more of imprisonment within two years after
serving sentence
2.3 Convicted by final judgment for violating the oath of allegiance to the Republic
2.6 Permanent residents in a foreign country or those who have acquired the right to
reside abroad and continue to avail of the same right
1. Nuisance candidate
2. Violation of sec 73 of OEC with regard to certificate of candidacy
3. Violation of sec 78 which is material misrepresentation of reqts under sec. 74.
* Disqualifications (from continuing as a candidate or from holding the office if already
elected):
Nuisance Candidates
A. The term refers to candidates who have no bona fide intention to run for the office
for which the certificate of candidacy has been filed and would thus prevent a faithful
determination of the true will of the people.
B. Power of COMELEC
B. The petition should be filed not later than 25 days from the filing of the certificate
of candidacy.
C. It should be decided not later than 15 days before the election, after due notice and
hearing.
2) It includes:
If the acts are performed for the purpose of enhancing the chances of aspirants for
nomination for candidacy to a public office by a political party, aggroupment, or
coalition of parties.
1) Repeal of Sec. 67 of the OEC Now, any ELECTIVE official, whether national or local,
running for any office other than the one which he is holding in a permanent capacity
shall not be considered ipso facto resigned from his office upon the filing of his
certificate of candidacy.
2) Lifting of the Political Ad Ban Written and Printed Materials (8.5 W x 14L)
Letters
Posters (2 x 3) in common-private poster areas ( not more than 10 public places per
political party or independent candidate, 12 16), private places and public places
Television: 120 minutes for candidate for nationally elective office and 60 for local
Radio: 180 minutes for candidate for nationally elective office and 90 for local
COMELEC free space (3 national newspaper for nationally elective officials and 1
national newspaper for local) and airtime
(3 national television networks for nationally elective officials and 1 station for local ) :
equal allocation for all candidates for 3 calendar days
If the transfer of residence is due to any of the following reasons, the person
concerned will be deemed NOT to have lost his original residence:
B. Educational activities
A: No more, because 8189 (7) provides for such only for the May 98 elections
1. UNLESS restored to his full civil and political rights in accordance with law.
2. However, he shall regain his right to vote automatically upon expiration of 5 years
after service of sentence.
A. The municipal and metropolitan trial courts shall have original and exclusive
jurisdiction over all matters of inclusion and exclusion of voters from the list in their
respective municipalities or cities. Petition filed at any time except 105 days before
regular election or 75 days before special election
B. Decisions may be appealed to the RTC within 5 days from receipt of notice of
decision.
C. RTC will decide the appeal within 10 days. Decision is final and executory.
D. Note: Relate this to Article IX of the Constitution which provides that the COMELEC
has no jurisdiction over questions involving the right to vote.
E. Exclusion is through sworn petition and not later than 100 days before regular
election; 65 days before special election
Deactivation means removing the registration records of persons from the precinct
book of voters and place the same, properly marked and dated in indelible ink, in the
inactive file after entering the cause of deactivation.
How is reactivation of registration effected ?
Affidavit
Not later than 120 days before regular election and 90 days before special election
Annulment of Book of Voters is through verified petition; notice and hearing; not
prepared in accordance with law or prepared through fraud, bribery, forgery,
impersonation, intimidation, force, any similar irregularity or which contains data that
are statistically improbable
Postponement of Election
Causes
Violence
Terrorism
Loss or destruction of election paraphernalia/records
Force majeure
Other analogous causes
Effect
It is impossible to hold a free, 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
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.
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.
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
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?
C. Those that can be filed with COMELEC directly are the ff:
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
It suspends the running of the period within which to file an election protest or quo
warranto proceedings.
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.
B. This is without prejudice to the filing of a regular election protest by the aggrieved
party.
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
Any candidate who has duly filed a certificate of candidacy and has been voted for the
same office
The defeated candidate seeks to outs the proclaimed winner and claims the seat.
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)
2) Jurisdiction
A. Pre-proclamation controversy
B. Election contest
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.
B. Purpose of acts
1. To induce anyone or the public in general to vote for or against any candidate or
withhold his vote in the election or
2. To vote for or against any aspirant for the nomination or choice of a candidate in a
convention or similar selection
Proof that at least one voter in different precincts representing at least 20% of the
total precincts in any municipality, city or province has been offered, promised or
given money, valuable consideration or other expenditure by a candidate relatives,
leaders and/or sympathizsrs for the purpose of promoting the election of such
candidate.
Coercion of a subordinate
A. Who can be held liable
1. public officer
4. employer/landowner
B. Prohibited acts
1. Coercing, intimidating or compelling or influencing, in any manner, any
subordinates, members, parishioners or employees or house helpers, tenants,
overseers, farm helpers, tillers or lease holders to aid, campaign or vote for or
against a candidate or aspirant for the nomination or selection of candidates.
2. Dismissing or threatening to dismiss, punishing or threatening to punish by
reducing salary, wage or compensation or by demotion, transfer, suspension
etc.
The release, disbursement or expenditure of public funds for any and other kinds
of public works