Political Law Summer Reviewer

ATENEO CENTRAL BAR OPERATIONS 2007

Date of new election

ELECTION LAW The date of the postponed election should be
reasonably close to the date of the election not held,
ELECTION suspended, or which resulted in a failure to elect. It
Embodiment of the popular will, the expression of the should not be later than 30 days after the cessation
sovereign power of the people. of the cause for such postponement or suspension of
the election or failure to elect.
Components:
1. Choice or selection of candidates to public Failure of Election (Sec. 6 Omnibus Election Code)
office by popular vote
2. Conduct of the polls Pre-Conditions for declaring a failure of election:
3. Listing of votes
4. Holding of Electoral campaign That no voting has been held in any precinct
5. Act of casting and receiving the ballots from or precincts because of the following
the voters grounds:
6. Counting the ballots CODE: OFF-TV
7. Making the election returns a. Force majeure
8. Proclaiming the winning candidates b. Violence
c. Terrorism
REGULAR ELECTION is an election participated in d. Fraud
by those who possess the right of suffrage and not e. Other analogous causes
disqualified by law and who are registered voters
Under RA 7166, the causes for the
SPECIAL ELECTION is one which is held when declaration of the failure of election may
there is failure of election on the scheduled date of occur before or after the casting of votes or
regular election in a particular place or which is on the day of the election.
conducted to fill up certain vacancies, as provided by And, that the votes not cast therein are
law (ex. To fill in vacancy in office before the sufficient to affect the results of the elections.
expiration of the term for which incumbent was
elected) Effects of the above grounds:
1. Election in any polling place was not held on
ELECTION PERIOD shall commence 90 days before the date fixed;
the day of the election and shall end 30 days 2. Election was suspended before the hour
thereafter. fixed by law for the closing of the voting
3. Elections results in a failure to elect (after the
Postponement of Election (Sec. 5 Omnibus voting and during the preparation and
Election Code) transmission of the election returns or in the
custody or canvass thereof)
Causes: Any serious cause, such as:
CODE: (VOLT-F) Remedy:
1. Violence COMELEC can, on the basis of a verified petition by
2. Terrorism any interested party, and after due notice and
3. Loss or destruction of election hearing, call for the holding or continuation of the
paraphernalia/records election not held, suspended, or which resulted in a
4. Force majeure failure to elect. This is decided by the COMELEC, by
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5. Other analogous causes
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impossible to hold a free, orderly and honest
election in any political subdivision Holding of the Special Election:
Requisites:
COMELEC can postpone the election (when decided
by a majority vote of the COMELEC sitting en banc, 1. There must be failure of election,
RA 7166): 2. Such failure would affect the results of the
1. Motu proprio, or election.
2. Upon a verified petition by any interested
party, after due notice and hearing. NOTE: In fixing the date of the special election, the
Comelec should see to it that:
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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
It should be reasonably close to the date of
the election not held, suspended, or which
resulted in failure to elect.
POLITICAL PARTIES is 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
Established Record of the said parties,
showing in past elections
Number of Incumbent Elective Officials
Identifiable political organizations and
strengths
Ability to fill a complete slate of candidates
Other analogous circumstances
Acquisition of Juridical Personality
It is acquired upon registration with the COMELEC.
NOTE: No religious sect shall be registered as a
political party. No political party, which seeks to
achieve its goal through violence, shall be entitled to
accreditation.
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Forfeiture of Status as a Registered Political Party
The status shall be deemed forfeited if the political
party, singly or in coalition with others, fails to obtain
at least 10% of the votes cast in the constituency in
which it nominated and supported a candidate/s in
the election next following its registration. There shall
be notice and hearing.
RA 7941 Party-List System Act
I. Seeks to promote proportional representation
II. 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
1. Religious sect or denomination, organization
2. Advocates violence
3. Foreign party or organization
4. Receives foreign support
5. Violates election law
6. Untruthful statements in its petition
7. Ceased to exist for at least one year
8. 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
Q: How do we determine the number of party list
seats in the House of Reps?
A: (# 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
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Currently, there are 260 (208/0.80) 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.

Ang Bagong Bayani-OFW Labor Party v.

COMELEC, G. R. No. 147589 26 June 2001
May political parties participate in the party-
list elections?
Yes, provided that the political parties
themselves represent the marginalized and under
represented sectors, parties and organizations.

Aggabao v. COMELEC, 449 SCRA 400 (January 26,

2005)

Ratio:

Mere allegation that a candidates

proclamation is null and void ab initio does
not divest the House of Representatives
Electoral Tribunal of its jurisdiction.

Poe v Macapagal Arroyo, 454 SCRA 142 (March

30, 2005)
Ratio:

In the application of Rule 3, Section 16 to an

election contest, the Court has ruled that a
public office is personal to the public officer
and not a property transmissible to the heirs
upon death; Even in analogous cases before
other electoral tribunals, involving
substitution by the widow of a deceased
protestant, in cases where the widow is not
the real party in interest, we denied
substitution by the wife or heirs.
While the right to a public office is personal
and exclusive to the publicandofficer,
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to the protestant or protestee such that the

death of either would oust the court of all
authority to continue the protest proceedings;
Court have allowed substitution and
intervention but only by a real party in
interest; Protestants widow is not a real party
in interest to this election protest.

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Eligibility of Candidates and Certificates of Candidacy

QUALIFICATIONS
Elective officials Citizenship Age Literacy Voter Presidency
President/VP Natural-born 40 Read and Write Registered 10 in the Philippines
Senator Natural-born 35 Read and Write Registered 2 in the Philippines
District Reps Natural-born 25 Read and Write Registered in District 1 in District
Party-List Reps* Natural-born 25 Read and Write Registered 1 in Philippines
(if youth sector: 25-30)
Local Officials Citizen *Gov, Vice-Gov, Read and Write Registered in locality 1 in locality
member of Filipino or local dialect
sangguniang
panlalawigan, mayor,
vice mayor,
sangguniang
panlungsod in highly
urbanized cities: 23
*In component
cities/municipalities: 21
*Sangguniang
panlungsod,
sangguniang bayan,
barangay: 18
*Sangguniang
kabataan: 15-21
ARMM Governor Natural-born 35 Read and Write Registered in ARMM 5 in ARMM
ARMM Legislator Natural-born 21 Read and Write Registered in District 5 in Districts

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Certificates of Candidacy
Rules on filing of certificates of candidacy:
1. No person shall be elected into public office
unless he files his certificate of candidacy
within the prescribed period
2. No person shall be eligible for more than one
office. If he/she files for more than one
position, he shall not be eligible for any of
them unless he cancels all and retains one
before the expiration of the period for the
filing of certificates of candidacy.
3. The certificate of candidacy shall be filed by
the candidate personally or by his duly
authorized representative.
4. Upon filing, an individual becomes a
candidate. Thus, he is already covered by
rules, restrictions and processes involving
candidates.
Effect of Filing of Certificate of Candidacy on
Tenure of Incumbent Government Officials.
On appointive officials: They are considered ipso
facto resigned from office upon filing.
On elective officials: No effect. The candidate shall
continue to hold office, whether he is running for the
same or a different position. (Fair Election Act)
Rules on Substitution and Withdrawal of
Candidacy
Any candidate may withdraw his/her candidacy
anytime before election day.
Substitution is only allowed in the following instances:
1. death
2. withdrawal
3. disqualification
No substitution is allowed for an independent
candidate. Only candidates who are members of
and are nominated by a party can be substituted.
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candidacy not later than mid-day of election day.
No person who has withdrawn his/her candidacy
for a position shall be eligible as a substituted
candidate for any other position.
The filing of the withdrawal shall not affect the
civil, criminal, or administrative liabilities the
substituted candidate may have already incurred.
In case of valid substitutions, votes cast for
substituted candidates are considered stray,
except if the substitute candidate has the same
surname. Official ballots shall provide spaces
where voters may write the names of the
substitute candidates. (Fair Election Act)
Grounds for disqualification under Sec. 12 of the
Omnibus Election Code:
1. declared by competent authority as insane or
incompetent
2. sentenced by final judgment for subversion,
insurrection, rebellion, or 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 amnesty.
*disqualification is lifted after the
expiration of 5 years for service of
sentence
3. Election offenses under Sec 68 of the
Omnibus Election Code (OEC)
4. giving money or other material consideration
to influence, induce, or corrupt the voters of
public officials performing electoral functions;
5. committing acts of terrorism to enhance his
candidacy;
6. spending in his election campaign an amount
in excess of that allowed
7. soliciting, receiving, making prohibited
contributions; or
8. committing prohibited acts under Sections
80, 83, 85, 86, and 261 pars. d, e, k, v, and
cc, sub-par. 6
9. Not possessing qualifications and possessing
disqualifications under the Local Government
Code
10. 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
11. Removed from office as a result of an
administrative case
12. Convicted by final judgment for violating the
oath of allegiance to the Republic
13. Dual citizenship ( more specifically, dual
allegiance)
14. Fugitives from justice in criminal or non-
political cases here or abroad
15. Permanent residents in a foreign country or
those who have acquired the right to reside
abroad and continue to avail of the same
right
16. Insane or feeble-minded
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17. Nuisance candidate
18. Violation of sec 73 of OEC with regard to
certificate of candidacy (filing a certificate of
candidacy for more than one office)
19. Violation of sec 78: material
misrepresentation in the certificate of
candidacy
Effect of a Disqualification case (under RA 6646)
1. Any candidate who has been declared by
final judgment to be disqualified shall NOT be
voted for. The votes cast in his favor shall not
be counted.
2. If the candidate is not disqualified by final
judgment before the election and receives
the highest number of votes in the election,
the court or COMELEC will continue with the
trial and hearing of the action, inquiry or
protest. Upon motion of the complainant or
intervenor, the court or COMELEC may order
the suspension of the proclamation of the
candidate whenever the evidence of his guilt
is strong.
NUISANCE CANDIDATES 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.
Power of COMELEC
1. May refuse to give due course to or cancel a
certificate of candidacy of a nuisance
candidate. This can be done motu proprio or
upon verified petition of an interested party.
2. There should be a showing that:
Certificate of candidacy has been filed to
put the election process
mockery/disrepute or
To cause confusion among the voters by
the similarity of the names of the
registered candidates
Other circumstances which clearly
demonstrate that the candidate has no
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Petition to deny due course to or to cancel a
certificate of candidacy
1. Exclusive ground: A material representation
in the certificate of candidacy is false.
2. The petition should be filed not later than 25
days from the filing of the certificate of
candidacy.
3. It should be decided not later than 15 days
before the election, after due notice and
hearing.
Election Campaign/Partisan Political Activity
It refers to an act designed to promote the election or
defeat of a particular candidate/s to a public office. It
includes:
1. Forming organizations, associations, clubs,
committees or other groups of persons for
the purpose of soliciting votes and/or
undertaking any campaign for or against a
candidate.
2. Holding political caucuses, conferences,
meetings, rallies, parades or other similar
assemblies for the purpose of soliciting
votes and/or undertaking any campaign or
propaganda for or against a candidate.
3. Making speeches, announcements or
commentaries or holding interviews for or
against the election of any candidate for
public office.
4. Publishing or distributing campaign literature
or materials designed to support or oppose
the election of any candidate.
5. Directly or indirectly soliciting votes pledges
or support for or against a candidate.
6. Advertisements
When the acts enumerated above are NOT
considered an election campaign/partisan
political activity - 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, agroupment, or coalition of parties.
RA 9006 FAIR ELECTION ACT
in
Important Features:
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 The following
are now considered lawful election
propaganda:
a. Written and Printed Materials (8.5 W x
14L)
b. Letter
c. Posters (2 x 3) in common-private
poster areas (not more than 10 public
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places per political party or independent
candidate, 12 16), private places and
public places (allocated equitably and
impartially)
d. Rally streamers (3 x 8)
e. Paid advertisements at discounted rates:
f. Print: 1/4th page in broadsheet and
page in tabloid 3x a week
g. TV: 120 mins. for candidate for national
office and 60 minutes for local office
h. Radio: 180 mins. for candidate for
national office and 90 minutes for local
office
i. Comelec free space (3 national
newspapers for national offices and 1
national newspaper for local offices) and
airtime (3 national television networks for
national offices and 1 station for local
offices): equal allocation for all
candidates for 3 calendar days.
3. Authorized Expenses (multiplied with the
total number of registered voters)
a. P 10 for president / vice president
b. P 3 for other candidates for every voter
currently registered in the constituency
c. P 5 for independent candidates and
political parties
Electoral Contributions and Expenditures
CONTRIBUTION (under Sec 94, Omnibus Election
Code) includes:
1. a gift,
2. donation,
3. subscription,
4. loan,
5. advance or deposit of money or anything of
value,
6. a contract, promise or agreement of
contribution, whether or not legally
enforceable
7. use of facilities voluntarily donated by other
persons, the money value of which can be
assessed based on the rates prevailing in the
area.
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results of the elections.
DOES NOT INCLUDE services
rendered without compensation by
individuals volunteering a portion or
all of their time in behalf of a
candidate or political party.
EXPENDITURE includes the payment or delivery of
money or 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 on the rates prevailing in the area.
Prohibited Contributions:
Those made directly or indirectly by any of the
following:
1. public or private financial institutions (except
loans to a candidate or political party)
2. public utilities or those exploiting natural
resources of the nation
3. persons with contracts to supply the
government with goods or services or to
perform construction or other works
4. grantees of franchises, incentives,
exemptions, allocations or similar privileges
or concessions by the government
5. 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
6. educational institutions which have received
grants of public funds not less than P100,000
7. officials or employees in the Civil Service or
members of the Armed Forces of the
Philippines; and
8. foreigners and foreign corporations.
Prohibited means of raising of funds (Sec. 97
Omnibus Election Code):
1. Holding any of the following activities:
a. dances
b. lotteries
c. cockfights
d. games
e. boxing bouts
f. bingo
g. beauty contests
h. entertainments
i. 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 an including election
day.
2. It shall also be unlawful for any person or
organization to solicit and/or accept from any
candidate for public office any gift, food,
transportation, contribution or donation in
cash or in kind from the commencement of
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the election period up to and including
election day, EXCEPT normal and customary
religious stipends, tithes or collections
Lawful Expenditures:
1. For traveling expenses
2. Compensation of campaigners, clerks,
stenographers, messengers, and other
persons actually employed in the campaign
3. Telegraph and telephone tolls, postage,
freight and express delivery charges
4. Stationery, printing and distribution of printed
matters relative to candidacy
5. Employment of watchers at the polls
6. Rent, maintenance and furnishing of
campaign headquarters, office, or place of
meetings
7. Political meetings and rallies
8. Advertisements
9. Employment of counsel, the cost of which
shall not be taken into account in determining
the amount of expenses which a candidate or
political party may have incurred
10. Copying and classifying list of voters,
investigating and challenging the right to vote
of persons registered in the lists, the cost of
which shall not be taken into account in
determining the amount of expenses which a
candidate or political party may have incurred
11. Printing sample ballots, the cost of which
shall not be taken into account in determining
the amount of expenses which a candidate or
political party may have incurred
Voters Qualifications
1. Age:
18 years old and over.
2. Residence:
He /she should have resided in the
Philippines for one year and resided in the
city/municipality wherein he proposes to vote
for at least 6 months immediately preceding
the election.
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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:
a. Transfer solely because of occupation,
profession, employment in private or
public service
b. Educational activities
c. Work in military or naval reservations
d. Service in the army, navy or air force,
national police force
e. Confinement/detention in government
institutions in accordance with law
NOTE: Residence is equal to domicile. Hence, a
person may be physically absent from his residence
for a short, or even long period of time, due to work,
studies, etc., but as long as he has the INTENT TO
RETURN to his place of residence, and corollary to
this, NO INTENT TO SETTLE in the place where he
is physically present, he/she is still a resident in his
original domicile (see Imelda Marcos case).
REPUBLIC ACT NO. 9189 THE OVERSEAS
ABSENTEE VOTING ACT OF 2003
The Overseas Absentee Voting Act of 2003, also
known as Absentee Voting Law, is the law that
ensures equal opportunity to all qualified citizens of
the Philippines abroad to exercise their right to vote
(suffrage) in the election of President, Vice President,
Senators and Party-List Representatives.
Who are qualified to vote under the Absentee
Voting Law?
All citizens of the Philippines abroad, who are not
otherwise disqualified by law, at least eighteen (18)
years of age on the day of elections, may vote for
president, vice-president, senators and party-list
representatives. (Sec. 4 R.A. 9189)
Who are disqualified from voting under the
Absentee Voting Law?
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;
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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. (Section 5. R.A. 9189)
How shall registration be done?
Registration as an overseas absentee voter shall be
done in person. (Section 6,RA 9189)
What is the procedure for registration?
A. For Qualified citizens of the Philippines abroad
who failed to register under Republic Act No. 8189,
otherwise known as the The Voters Registration Act
of 1996.
They may personally apply for registration
with the Election Registration Board of the
city or municipality where they were
domiciled immediately prior to their departure
from the Philippines, or with the
representative of the Commission at the
Philippine embassies, consulates and other
foreign service establishments that have
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temporarily reside.
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.
Upon receipt of the application for
registration, the Election Officer shall
immediately set the application for hearing,
the notice of which shall be posted in a
conspicuous place in the premises of the city
or municipal building of the applicants stated
residence for at least one (1) week before the
date of the hearing. The Election Officer shall
immediately furnish a copy of the application
to the designated representatives of political
parties and other accredited groups.
If no verified objection to the application is
filed, the Election Officer shall immediately
forward the application to the Election
Registration Board, which shall decide on the
application within one (1) week from the date
of hearing without waiting for the quarterly
meeting of the Board. The applicant shall be
notified of the approval or disapproval of
his/her application by registered mail.
In the event that an objection to the
application is filed prior to or on the date of
hearing, the Election Officer shall notify the
applicant of said objection by registered mail,
enclosing therein copies of affidavits or
documents submitted in support of the
objection filed with the said Election Officer, if
any. The applicant shall have the right to file
his counter-affidavit by registered mail,
clearly stating therein facts and defenses
sworn before any officer in the host country
authorized to administer oaths
The application shall be approved or
disapproved based on the merits of the
objection, counter-affidavit and documents
submitted by the party objecting and those of
the applicant.
A Certificate of Registration as an overseas
absentee voter shall be issued by the
Commission to all applicants whose
applications have been approved, including
those certified as registered voters. The
Commission shall include the approved
applications in the National Registry of
Absentee Voters.
If the application has been approved, any
interested party may file a petition for
exclusion not later than two hundred ten
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(210) days before the day of elections with
the proper municipal or metropolitan trial
court. The petition shall be decided within
fifteen (15) days after its filing on the basis of
the documents submitted in connection
therewith. Should the court fail to render a
decision within the prescribed period, the
ruling of the Election Registration Board shall
be considered affirmed.
If the application has been disapproved, the
applicant or his authorized representative
shall, within a period of five (5) days from
receipt of the notice of disapproval, have the
right to file a petition for inclusion with the
proper municipal or metropolitan trial court.
The petition shall be decided within five (5)
days after its filing on the basis of documents
submitted in connection therewith.
B. For Qualified citizens of the Philippines abroad,
who have previously registered as voters pursuant to
Republic Act No. 8189
They shall apply for certification as absentee voters
and for inclusion in the National Registry of Overseas
Absentee Voters, with a corresponding annotation in
the Certified Voters List. (Section 6 of RA 9189)
How shall voting be done?
1. 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. (section 16,
RA 9189)
2. The overseas absentee voter may also vote
by mail. (Section 17, RA 9189)
When may voting by mail be allowed?
For the May, 2004 elections, the Commission
shall authorize voting by mail in not more
than three (3) countries, subject to the
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Committee. Voting by mail may be allowed in
countries that satisfy the following conditions:
Where the mailing system is fairly well-
developed and secure to prevent the
occasion of fraud;
Where there exists a technically established
identification system that would preclude
multiple or proxy voting; and,
Where the system of reception and custody
of mailed ballots in the embassies,
consulates and other foreign service
establishments concerned are adequate and
well-secured.
Thereafter, voting by mail in any country shall
be allowed only upon review and approval of
the Joint Congressional Oversight
Committee. (Section 17.1, RA 9189)
How will the counting and canvassing of the
votes be done?
The counting and canvassing of votes shall
be conducted on site in the country where
the votes were actually cast. The opening of
the specially-marked envelopes containing
the ballots and the counting and canvassing
of votes shall be conducted within the
premises of the embassies, consulates and
other foreign service establishments or in
such other places as may be designated by
the Commission pursuant to the
Implementing Rules and Regulations. The
Commission shall ensure that the start of
counting in all polling places abroad shall be
synchronized with the start of counting in the
Philippines.
The Commission shall constitute as many
Special Boards of Election Inspectors as may
be necessary to conduct and supervise the
counting of votes.
Immediately upon the completion of the
counting, the Special Boards of Election
Inspectors shall transmit via facsimile and/or
electronic mail the results to the Commission
in Manila and the accredited major political
parties. (Section 18, RA 9189)
Can the canvass of the overseas absentee votes
delay the proclamation of winners?
No. The canvass of votes shall not cause
the delay of the proclamation of a winning candidate
if the outcome of the election will not be affected by
the results thereof. Notwithstanding the foregoing, the
Commission is empowered to order the proclamation
of winning candidates despite the fact that the
scheduled election has not taken place in a particular
country or countries, if the holding of elections therein
has been rendered impossible by events, factors and
circumstances peculiar to such country or countries,
and which events, factors and circumstances are
beyond the control or influence of the Commission.
(Section 18, RA 9189)
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RA 8189 VOTERS REGISTRATION ACT OF
1996
What kind of registration system do we have?
1. Continuing,
2. Computerized and
3. Permanent
Disqualifications
1. If sentenced by final judgment to suffer
imprisonment for not less than 1 year and
such disability was not removed by plenary
pardon or has not been granted amnesty.
However, any person disqualified to vote
shall automatically reacquire the right to vote
upon expiration of 5 years after service of
sentence.
2. Any person who has been adjudged by final
judgment by competent court or tribunal of
having committed any crime involving
disloyalty to the duly constituted government
such as rebellion or any crime against
national security:
a. UNLESS restored to his full civil and
political rights in accordance with law.
b. However, he shall regain his right to vote
automaticallyupon expiration of 5 years
after service of sentence.
3. Insane or incompetent persons as declared
by competent authority.
Jurisdiction in Inclusion/Exclusion cases
1. 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
2. Decisions may be appealed to the RTC
within 5 days from receipt of notice of
decision.
3. RTC will decide the appeal within 10 days.
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NOTE: Relate this to Article IX of the
Constitution, which provides that the
COMELEC has no jurisdiction over questions
involving the right to vote.
4. Exclusion is through sworn petition and not
later than 100 days before regular election;
65 days before special election
Grounds when the List of Voters will be altered:
1. Deactivation/ Reactivation
2. Exclusion/ Inclusion
3. Cancellation of Registration in case of
Death
4. New voters
5. Annulment of Book of Voters
6. Transfer of Residence
How is challenge to right to register effected?
Who - any voter, candidate, political party
representative
How - in writing, stating grounds, under oath,
proof of notice of hearing
DEACTIVATION is the removal from 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?
1. Sworn application for reactivation
2. Affidavit
3. 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; Cannot be done within 90
days before election
Pre-Proclamation Controversies
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.
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 has original jurisdiction
while COMELEC has appellate jurisdiction)
When election returns are delayed, lost or
destroyed (Sec.233)
Material defects in the election returns (Sec.
234)
When election returns appear to be tampered
with or falsified. (Sec. 235)
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Discrepancies in election returns (Sec. 236)
Those that can be filed with COMELEC directly are
the ff:
1. 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
2. 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
1. Illegal composition or proceedings of the
board of canvassers
2. 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.
3. The election returns were prepared under
duress, threats, coercion, or intimidation, or
they are obviously manufactured, or not
authentic.
4. 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
1. Contested composition or proceedings of the
board (under RA 7166)
It may be initiated in the board or directly
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2. 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
Pre-proclamation controversies shall be
heard summarily by the COMELEC.
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 proceeding.
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)
1. President
2. Vice-President
3. Senator
4. 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.
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)
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.
This is without prejudice to the filing of a
regular election protest by the aggrieved
party.
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.
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Election Contest 3. In some cases, even if the case (involving

municipal officials) began with the
I. Original Jurisdiction COMELEC before proclamation but a
proclamation is made before the controversy
COMELEC has ORIGINAL jurisdiction over contests is resolved, it ceases to be a pre-
relating to the elections, returns, and qualifications of proclamation controversy and becomes an
all elective: election contest cognizable by the RTC.
1. Regional However, in some cases, the SC has
2. Provincial recognized the jurisdiction of COMELEC over
3. City officials municipal cases even after proclamation.
Relate to the provision in RA 7166 allowing
II. Appellate Jurisdiction pre-proclamation controversy proceedings to
COMELEC has APPELLATE jurisdiction over all continue even after a proclamation has been
contests involving: made.
1. Elective MUNICIPAL officials decided by trial
courts of GENERAL jurisdiction Distinctions between Pre-Proclamation
2. Elective BARANGAY officials decided by trial Controversy and Quo Warranto
courts of LIMITED jurisdiction Quo warranto is not, strictly speaking, a
contest. It is a proceeding to unseat an
Who can file a petition contesting the election? ineligible person from office. An election
protest more than seeks to oust the winner.
Any candidate who has duly filed a certificate of It is strictly a contest between the winning
candidacy and has been voted for the same office candidate and the defeated candidate.
Quo warranto may be filed by an voter. An
Purpose of an election contest election protest may be filed only by a
The defeated candidate seeks to oust the proclaimed candidate who has duly filed a certificate of
winner and claims the seat. candidacy to the same office and has been
voted for.
Final COMELEC Decisions Grounds for quo warranto are disloyalty or
Provision that decisions, final orders, rulings of the ineligibility of the winning candidate.
Commission on Election contests involving municipal Grounds for election contest are election
and barangay offices are final, executory and not fraud and irregularities in the counting and
appealable: casting of votes or in the preparation of the
1. This only applies to questions of FACT. returns.
(Flores v. COMELEC, 184 SCRA 484) In quo warranto, the respondent may be
2. It does NOT preclude a special civil action of unseated, but the petitioner may not be
certiorari. (Galido v. COMELEC, Jan. installed into the office vacated. In election
18,1991) contest, the protestee may be unseated and
the protestant may be installed into the office
Distinctions between Pre-Proclamation vacated.
Controversy and Election Contest
1. Dividing line: Proclamation of a candidate Election Offenses (Selected Offenses)
2. Jurisdiction
Vote buying and vote-selling
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1. The jurisdiction of COMELEC is 1. Give, offer or promise money or anything of
administrative /quasi-judicial value
2. It is governed by the requirements of 2. Making or offer to make any expenditure,
administrative due process directly or indirectly, or cause expenditure to
be made to any person, association,
II. Election contest corporation, entity or community
1. The jurisdiction of COMELEC is judicial 3. Soliciting or receiving, directly or indirectly,
2. It is governed by the requirements of judicial any expenditure or promise of any office or
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II. 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
III. Under RA 6646 (Prosecution of vote-
buying/selling)
1. Presentation of a complaint supported by
affidavits of complaining witnesses attesting
to the offer or promise by or the voters
acceptance of money or other consideration
from the relatives, leaders or sympathizers of
a candidate is sufficient basis for an
investigation by the COMELEC, directly or
through its duly authorized legal officers.
2. Disputable presumption of conspiracy:
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 sympathizers for the purpose of
promoting the election of such candidate.
3. Disputable presumption of involvement
Proof affects at least 20% of the
precincts of the municipality, city or province
to which the public office aspired for by the
favored candidate relate. This will constitute
a disputable presumption of the involvement
of such candidate and of his principal
campaign managers in each of the
municipalities concerned in the conspiracy
Coercion of a subordinate
I. Who can be held liable
1. public officer
2. officer of a public/private
corporation/association
3. heads/superior/administrator of any religious
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4. employer/landowner
II. 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.
Appointment of new employees, creation of new
position, promotion or giving salary increases
1. Who can be held liable:
Any head/official/appointing officer of
a government office, agency or
instrumentality, whether national or local,
including GOCCs.
2. Prohibited acts
a. Appointing or hiring a new employee
(provisional, temporary or casual)
b. Creating or filling any new position
c. Promoting/giving an increase in salary,
remuneration or privilege to any
government official or employee.
3. Period when acts are prohibited
a. 45 days before a regular election
b. 30 days before a special election
4. Exceptions
Upon prior authority of COMELEC if it is
satisfied that the position to be filled is essential
to the proper functioning of the office/agency
concerned AND that the position is not filled in a
manner that may influence the election
In case of urgent need, a new employee may
be appointed. Notice of appointment should be
given to COMELEC within 3 days from
appointment.
Prohibition against release, disbursement or
expenditure of public funds
1. Who can be held liable:
Any public official or employee including
barangay officials and those of
GOCCs/subsidiaries
2. Prohibited acts:
The release, disbursement or
expenditure of public funds for any and other
kinds of public works.
3. Period when acts are prohibited:
a. 45 days before a regular election
b. 30 days before a special election
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4. Exception
a. Maintenance of existing/completed public
works project.
b. Work undertaken by contract through
public bidding, or by negotiated contract
awarded before the 45 day period before
election
c. Payment for the usual cooperation for
working drawings, specifications and
other procedures preparatory to actual
construction including the purchase of
material and equipment and incidental
expenses for wages.
d. Emergency work necessitated by the
occurrence of a public calamity but such
work shall be limited to the restoration of
the damaged facility.
e. Ongoing public work projects
commenced before the campaign period
or similar projects under foreign
agreements.
Suspension of elective, provincial, city, municipal
or barangay officer
General rule: public official CANNOT suspend any of
the officers enumerated above during the election
period.
Exceptions:
1. With prior approval of COMELEC
2. Suspension is for the purpose of applying the
Anti-Graft and Corrupt Practices Act
In relation to registration of voters/voting
1. Unjustifiable refusal to register and vote-
NOTE THAT FAILURE TO REGISTER
AND/OR VOTE IS NO LONGER A CRIME.
2. Voting more than once in the same
election/voting when not a registered voter
3. Voting in substitution for another with or
without the latters knowledge and/or consent
etc.
Other election offenses under RA 6646
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election returns by printing establishments
not on contract with COMELEC and printing
establishments which
unauthorized printing
2. Tampering, increasing or decreasing the
votes received by a candidate or refusing
after proper verification and hearing to credit
the correct votes or deduct the tampered
votes (committed by a member of the board
of election inspectors)
3. Refusing to issue the certificate of voters to
the duly accredited watchers (committed by a
member of the BEI)
4. Person who violated provisions against
prohibited forms of election propaganda
5. Failure to give notice of meetings to other
members of the board, candidate or political
party (committed by the Chairman of the
board of canvassers)
6. A person who has been declared a nuisance
candidate or is otherwise disqualified who
continues to misrepresent himself as a
candidate (Ex. by continuing to campaign)
and any public officer or private individual
who knowingly induces or abets such
misrepresentation by commission or
omission.
7. If the chairman of the BEI fails to affix his
signature at the back of the official ballot, in
the presence of the voter, before delivering
the ballot to the voter. (under RA 7166)
Prescription of Election Offenses
Election offenses shall prescribe after 5
years from the date of their commission
If the discovery of the offense is made in an
election contest proceeding, the period of
prescription shall commence on the date on
which the judgment in such proceedings
becomes final and executory
Jurisdiction of courts
1. RTC has exclusive original jurisdiction to try
and decide any criminal action or
proceedings for violation of the Code.
2. MTC/MCTC have jurisdiction over offenses
relating to failure to register or vote.
undertakes
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ELECTION PROTEST QUO WARRANTO PRE- ANNULMENT OF ELECTION

PROCLAMATION PROCLAMATION OFFENSE
CONTROVERSY
GROUNDS Fraud and irregularities 1. Disloyalty to the Republic Illegal composition and Proclamation based Violation of
in casting, counting of 2. Ineligibility proceedings of the on irregular and Election Code
votes, and election Board of Canvassers illegal canvass
incidents whether in the Commission of
Irregularities in election returns, prohibited acts
preparation, certificate of canvass,
transmission, receipt, proceedings and
custody, and composition of board
appreciation of election of canvassers
returns and certificates
of canvass
VENUE President and VP: President and VP: Presidential Re: Board of Comelec Comelec Law
Presidential Electoral Electoral Tribunal Canvassers: with Dept. for
Tribunal Board or with Comelec preliminary
Senators: Senate Electoral investigation, then
Senators: Senate Tribunal Re: Election Returns: Courts for
Electoral Tribunal with Board of prosecution
Representatives: House of Canvassers
Representatives: House Rep. Electoral Tribunal
of Rep. Electoral
Tribunal Regional/Provincial/City:
Comelec
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Municipal: RTC
EFFECT IF Incumbent-protestee Incumbent-respondent Election return set Proclamation Respondent
CASE removed from office dislodged aside annulled penalized with fine,
PROSPERS Recount imprisonment,
If protestant gains Petitioner does not assume the Suspension of Filing suspends the disqualification to
highest number, he/she petition. Proclamation running of the period hold public office or
is proclaimed within which to file deprivation of right
Follow the rules on succession election protest or to vote

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of officers or conduct special quo warranto

elections
PETITIONER Any candidate for the Any voter Any candidate or Any candidate or Any voter
position political party political party
PERIOD Within 10 days from Within 10 days from Upon convening of Within 10 days from Within 5 years from
proclamation proclamation Board proclamation commission
When election return
presented

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ELECTION PROTEST QUO WARRANTO PRE- ANNULMENT OF ELECTION

PROCLAMATION PROCLAMATION OFFENSE
CONTROVERSY
REQts Filed by candidate Filed by voter Filed by candidate or Filed by candidate Complaint-affidavit
Within period Within period political party or political party
Protestee proclaimed Grounds within period
Payment of filing fee Position Contested
Allegations of fraud
Certification against
forum shopping
PROCEDURE Revision Trial Two objection rule Trial Summary
Trial (oral and written) proceedings
EVIDENCE Ballots Documentary and Testimonial Documentary and Documentary and Affidavits
Election returns Evidence testimonial evidence testimonial evidence Documentary and
Minutes Election returns testimonial evidence
Documentary and
Testimonial Evidence
courtesy of Atty. Agra

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OTHER LAWS in ELECTION LAW
REPUBLIC ACT No. 7941 AN ACT PROVIDING
FOR THE ELECTION OF PARTY-LIST
REPRESENTATIVES THROUGH THE PARTY-LIST
SYSTEM AND APPROPRIATING FUNDS
THEREFOR
What is the party-list system of election?
It is a mechanism of proportional representation in
the election of representatives to the House of
Representatives from marginalized or
underrepresented national, regional and sectoral
parties, or organizations or coalitions thereof
registered with the Commission on Elections
(Comelec). It is part of the electoral process that
enables small political parties and marginalized and
underrepresented sectors to obtain possible
representation in the House of Representatives,
which traditionally is dominated by parties with big
political machinery.
Who may participate?
Instead of individual candidates, only registered
organized groups may participate and these are:
Sectoral Party an organized group of citizens
whose principal advocacy pertains to the special
interests and concerns of the following sectors: labor,
fisherfolk, peasant, women, urban poor, youth,
indigenous, overseas workers, veterans, cultural
communities, professionals, handicapped, elderly
Sectoral Organization a group of qualified voters
bound together by similar physical attributes or
characteristics, or by employment, interests or
concerns.
Political Party an organized group of qualified
voters pursuing the same ideology, political ideas and
principles for the general conduct of the government;
it may be:
A national party when its constituency is
spread over the geographical territory of at
least a majority of the regions; and
A regional party whenand aits constituency is
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are needed see this picture. territory of at
least a majority of the cities and provinces
comprising a region.
COALITION an aggrupation of duly-registered
national, regional, sectoral parties or organizations
for political and/or election purposes.
May the Comelec remove and/or cancel
registration of any entity?
The Comelec may, motu proprio or upon verified
complaint of any interested party, remove or cancel
after due notice and hearing, the registration of any
national, regional or sectoral party, organization or
coalition on any of the following grounds:
1. It is a religious sect or denomination,
organization or association organized for
religious purposes;
2. It advocates violence or unlawful means to
achieve 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
indirectly or through 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 has made untruthful statements in its
petition; and
7. It has ceased to exist for at least one (1)
year from the time the petition is filed.
8.
What are the qualifications of a party-list
nominee?
1. A 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 election day;
4. Able to read and write;
5. A bona fide member of the party he
seeks to represent for at least ninety
(90) days preceding election day;
6. and At least twenty-five (25) years of
age on election day.
NOTE: In case of the youth sector, he must be at
least twenty-five (25) but not more than thirty (30)
years of age on the day of the election. Any youth
sectoral representative who reaches the age of thirty
(30) during his term shall be allowed to continue in
office until the expiration of his term.
How many seats are available under the party-list
system?
Twenty percent (20%) of the total membership in the
House of Representatives is reserved for party-list
representatives, or a ratio of one (1) party list
representative for every four (4) legislative district
representatives. (20% ALLOCATION)
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How does the party-list system enhance the
chances or marginalized or underrepresented
parties of winning seats in the House of
Representatives?
In the party-list system, no single party may hold
more than three (3) party-list seats. Bigger parties
which traditionally will dominate elections cannot
corner all the seats and crowd out the smaller parties
because of this maximum ceiling. This system shall
pave the way for smaller parties to also win seats in
the House of Representatives. (3-SEAT LIMIT)
How shall party-list seats be allocated? [See
Veterans Federation Party, et al. vs. Commission
on Elections, et al. (G. R. No. 136781, 06 October
2000)].
Party-list seats shall be allocated as follows:
1. The parties shall be ranked from highest
to lowest based on the number and
percentage of votes garnered during the
elections;
2. Only a maximum of three seats may be
allowed per party. Seats are allocated at
the rate of one seat per 2% of votes
obtained; and
3. Unallocated seats shall be distributed
among the parties, which have not yet
obtained the maximum 3 seats, provided
they have mustered at least 2% of votes.
NOTE: The variance of percentage in excess of 2%
or 4% (equivalent to 1 or 2 seats that have already
been obtained, respectively) shall be ranked and be
the basis for allocating the remaining seats.
What is the status of the party-list representatives
vis--vis representatives of legislative districts in
the House of Representatives?
Party-list representatives are considered elected
Members of the House and as such, entitled to the
same deliberative rights, salaries, and emoluments
as the regular Members of the House of
representatives. They shall serve for a term of three
(3) years with a maximum of and
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REPUBLIC ACT NO. 6646 AN ACT INTRODUCING
ADDITIONAL REFORMS IN THE ELECTORAL
SYSTEM AND FOR OTHER PURPOSES.
How should City Voters vote?
The registered voters of a highly urbanized city shall
not vote in the election for provincial officials of the
province in which it is located. No component city
shall be declared or classified as a highly urbanized
city within sixty (60) days prior to a local election. The
registered voters of a component city shall be entitled
to vote in the election for provincial officials of the
province of which it is a part, unless its charter
provides otherwise. (Sec. 3)
What is the effect of a 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)
Aside from the prohibited acts and election
offenses enumerated in Sections 261 and 262 of
the Omnibus Election Code (B. P. Blg. 881, as
amended), what are the other ELECTION
OFFENSES?
1. Any person who causes the printing of official
ballots and election returns by any printing
establishment, which is not under contract
with the Commission on Elections and any
printing establishment, which undertakes
such unauthorized, printing.
2. Any member of the board of election
inspectors or board of canvassers who
tampers, increases, or decreases the votes
received by a candidate 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.
3. Any member of the board of election
inspectors who refuses to issue to duly
accredited watchers the certificate of votes
provided in Section 16 hereof.
4. Any person who violates Section 11 hereof
regarding prohibited forms of election
propaganda.
5. Any chairman of the board of canvassers
who fails to give notice of meetings to other
members of the board, candidate or political
party as required under Section 23 hereof.
6. Any person declared a nuisance candidate
as defined under Section 69 of Batas
Pambansa Blg. 881, or is otherwise
disqualified, by final and executory judgment,
who continues to misrepresent himself, or
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holds himself out, as a candidate, such as by
continuing to campaign thereafter, and/or
other public officer or private individual, who
knowingly induces or abets such
misrepresentation, by commission or
omission, shall be guilty of an election
offense and subject to the penalty provided in
Section 264 of the same Code. (Sec. 27)
REPUBLIC ACT NO. 7166 AN ACT PROVIDING
FOR SYNCHRONIZED NATIONAL AND LOCAL
ELECTIONS AND FOR ELECTORAL REFORMS,
AUTHORIZING APPROPRIATIONS THEREFOR,
AND FOR OTHER PURPOSES
When may special elections be had?
In case a permanent vacancy shall occur in the
Senate or House of Representatives at least one (1)
year before the expiration of the term, the
Commission shall call and hold a special election to
fill the vacancy not earlier than sixty (60) days nor
longer than ninety (90) days after the occurrence of
the vacancy. However, in case of such vacancy in the
Senate, the special election shall be held
simultaneously with the succeeding regular election.(
Sec. 4)
How long is the election and campaign period?
Regular elections shall commence ninety (90) days
before the day of the election and shall end thirty (30)
days thereafter. The campaign period for President,
Vice-President and Senators shall be ninety (90)
days before the day of the election and for Members
of the House of Representatives and elective
provincial, city and municipal officials, forty-five (45)
days before the day of the election.
Any election campaign or partisan political activity for
or against any candidate outside of the campaign
period herein provided is prohibited and shall be
considered as an election offense punishable under
Section 263 and 264 of the Omnibus Election Code.
How much may a candidate or registered political
party spend for election campaign?
1. FOR CANDIDATES. - Ten pesos (P10.00)
for President and Vice-President; and for
other candidates Three
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constituency where he filed his certificate of
candidacy: Provided, That a candidate
without any political party and without
support from any political party may be
allowed to spend Five Pesos (P5.00) for
every such voter; and
2. FOR POLITICAL PARTIES. - Five pesos
(P5.00) for every voter currently registered in
the constituency or constituencies where it
has official candidates. (Sec. 13)
Is the Statement of Contributions and
Expenditures required what is the Effect of
Failure to File Statement?
Yes. Every candidate and treasurer of the political
party shall, within thirty (30) days after the day of the
election, file in duplicate with the offices of the
Commission the full, true and itemized statement of
all contributions and expenditures in connection with
the election.
No person elected to any public offices shall
enter upon the duties of his office until he has
filed the statement of contributions and
expenditures herein required.
The same prohibition shall apply if the
political party which nominated the winning
candidate fails to file the statement required
herein within the period prescribed by this
Act.
Except candidates for elective barangay
office, failure to file the statements or reports
in connection with electoral contributions and
expenditures are required herein shall
constitute an administrative offense for which
the offenders shall be liable to pay an
administrative fine ranging from One
thousand pesos (P1,000.00) to Thirty
thousand pesos (P30,000.00), in the
discretion of the Commission.
The fine shall be paid within thirty (30) days
from receipt of notice of such failure;
otherwise, it shall be enforceable by a writ of
execution issued by the Commission against
the properties of the offender. (Sec. 14)
Are Pre-proclamation Cases Allowed in Elections
for President Vice-President, Senator, and
Member of the House of Representatives?
As a General Rule, no pre-proclamation cases shall
be allowed on matters relating to the preparation,
transmission, receipt, custody and appreciation of the
election returns or the certificates of canvass, as the
case may be.
However, this does not preclude the authority of the
appropriate canvassing body motu propio or upon
written complaint of an interested person to correct
manifest errors in the certificate of canvass or
election returns before it.
Are Pre-proclamation Cases Involving Provincial,
City and Municipal Offices allowed? When are
they terminated?
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Pre-proclamation cases involving provincial,
city and municipal offices shall be allowed.
All pre-proclamation cases pending before
the Commission shall be deemed terminated
at the beginning of the term of the office
involved and the rulings of the boards of
canvassers concerned shall be deemed
affirmed, without prejudice
to the filing of a regular election protest by
the aggrieved party. However, proceedings
may continue when on the basis of the
evidence thus far presented, the Commission
determined that the petition appears
meritorious and accordingly issues an order
for the proceeding to continue or when an
appropriate order has been issued by the
Supreme Court in a petition for certiorari.
How are pre-proclamation controversies
commenced?
Questions affecting the composition or proceedings
of the board of canvassers may be initiated in the
board or directly with the Commission. However,
matters raised in relation to the preparation,
transmission, receipt, custody and appreciation of the
election returns, and the certificates of canvass shall
be brought in the first instance before the board of
canvassers only.
Are Partial Proclamations allowed?
Yes. Notwithstanding the pendency of any pre-
proclamation controversy, the Commission may
summarily order the proclamation of other winning
candidates whose election will not be affected by the
outcome of the controversy.
How are Election Contests for Municipal Offices
resolved?
All election contests involving municipal
offices filed with the Regional Trial Court
shall be decided expeditiously.
The decision may be appealed to the
Commission within five (5) days from
promulgation or receipt of a copy thereof by
the aggrieved party. The Commission shall
decide the appeal within
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six (6) months after the filing of the appeal,
which decision shall be final, unappealable
and executory.
How should the Congress as the National Board
of Canvassers for the Election of President and
Vice-President perform such function,
particularly the Determination of Authenticity and
Due Execution of Certificates of Canvass?
Congress shall determine the authenticity and due
execution of the certificate of canvass for President
and Vice-President as accomplished and transmitted
to it by the local boards of canvassers, on a showing
that:
1. each certificate of canvass was executed,
signed and thumbmarked by the chairman
and members of the board of canvassers and
transmitted or caused to be transmitted to
Congress by them;
2. each certificate of canvass contains the
names of all of the candidates for President
and Vice-President and their corresponding
votes in words and in figures; and
3. there exists no discrepancy in other authentic
copies of the certificate of canvass or
discrepancy in the votes of any candidate in
words and figures in the certificate.
When the certificate of canvass, duly certified by the
board of canvassers of each province, city or district,
appears to be incomplete, the Senate President shall
require the board of canvassers concerned to
transmit by personal delivery, the election returns
from polling places that were not included in the
certificate of canvass and supporting statements.
Said election returns shall be submitted by personal
delivery within two (2) days from receipt of notice.
When it appears that any certificate of canvass or
supporting statement of votes by precinct bears
erasures or alterations which may cast doubt as to
the veracity of the number of votes stated therein and
may affect the result of the election, upon request of
the Presidential or Vice-Presidential candidate
concerned or his party, Congress shall, for the sole
purpose of verifying the actual number of votes cast
for President and Vice-President, count the votes as
they appear in the copies of the election returns
submitted to it.
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