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ELECTION LAWS Section 6.

Each Commission en banc may promulgate its


own rules concerning pleadings and practice before it or
1987 CONSTITUTION before any of its offices. Such rules, however, shall not
ARTICLE V diminish, increase, or modify substantive rights.
SUFFRAGE
Section 7. Each Commission shall decide by a majority
Section 1. Suffrage may be exercised by all citizens of the vote of all its Members, any case or matter brought before
Philippines, not otherwise disqualified by law, who are at it within sixty (60) days from the date of its submission for
least eighteen years of age, and who shall have resided in decision or resolution. A case or matter is deemed
the Philippines for at least one year and in the place submitted for decision or resolution upon the filing of
wherein they propose to vote, for at least six months the last pleading, brief, or memorandum required by the
immediately preceding the election. No literacy, property, rules of the Commission or by the Commission itself.
or other substantive requirement shall be imposed on the Unless otherwise provided by this Constitution or by law,
exercise of suffrage. any decision, order, or ruling of each Commission may
be brought to the Supreme Court on certiorari by the
Section 2. The Congress shall provide a system for aggrieved party within thirty (30) days from receipt of a
securing the secrecy and sanctity of the ballot as well as a copy thereof.
system for absentee voting by qualified Filipinos abroad.
Section 8. Each Commission shall perform such other
The Congress shall also design a procedure for the functions as may be provided by law.
disabled and the illiterates to vote without the assistance
of other persons. Until then, they shall be allowed to vote C. THE COMMISSION ON ELECTIONS
under existing laws and such rules as the Commission on
Elections may promulgate to protect the secrecy of the Section 1.
ballot.
1. There shall be a Commission on Elections composed of
1987 CONSTITUTION a Chairman and six Commissioners who shall be natural-
ARTICLE IX born citizens of the Philippines and, at the time of their
CONSTITUTIONAL COMMISSION appointment, at least thirty-five years of age, holders of a
college degree, and must not have been candidates for any
A. COMMON PROVISIONS elective positions in the immediately preceding elections.
However, a majority thereof, including the Chairman,
Section 1. The Constitutional Commissions, which shall be shall be members of the Philippine Bar who have been
independent, are the Civil Service Commission, the engaged in the practice of law for at least ten years.
Commission on Elections, and the Commission on Audit.
2. The Chairman and the Commissioners shall be
Section 2. No member of a Constitutional Commission appointed by the President with the consent of the
shall, during his tenure, hold any other office or Commission on Appointments for a term of seven (7)
employment. Neither shall he engage in the practice of any years without reappointment. Of those first appointed,
profession or in the active management or control of any three (3) Members shall hold office for seven (7) years,
business which, in any way, may be affected by the two (2) Members for five (5) years, and the last
functions of his office, nor shall he be financially Members for three (3) years, without reappointment.
interested, directly or indirectly, in any contract with, or in Appointment to any vacancy shall be only for the
any franchise or privilege granted by the Government, any unexpired term of the predecessor. In no case shall any
of its subdivisions, agencies, or instrumentalities, including Member be appointed or designated in a temporary or
government-owned or controlled corporations or their acting capacity.
subsidiaries.
Section 2. The Commission on Elections shall exercise the
Section 3. The salary of the Chairman and the following powers and functions:
Commissioners shall be fixed by law and shall not be
decreased during their tenure. 1. Enforce and administer all laws and regulations
relative to the conduct of an election, plebiscite,
Section 4. The Constitutional Commissions shall appoint initiative, referendum, and recall.
their officials and employees in accordance with law.
2. Exercise exclusive original jurisdiction over
Section 5. The Commission shall enjoy fiscal autonomy. all contests relating to the elections, returns, and
Their approved annual appropriations shall be qualifications of all elective regional, provincial,
automatically and regularly released. and city officials, and appellate jurisdiction over
all contests involving elective municipal officials
decided by trial courts of general jurisdiction, or

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involving elective barangay officials decided by 8. Recommend to the President the removal of any
trial courts of limited jurisdiction. officer or employee it has deputized, or the
imposition of any other disciplinary action, for
Decisions, final orders, or rulings of the violation or disregard of, or disobedience to, its
Commission on election contests involving directive, order, or decision.
elective municipal and barangay offices shall
be final, executory, and not appealable. 9. Submit to the President and the Congress, a
comprehensive report on the conduct of each
3. Decide, except those involving the right to election, plebiscite, initiative, referendum, or
vote, all questions affecting elections, including recall.
determination of the number and location of
polling places, appointment of election officials Section 3. The Commission on Elections may sit en banc or
and inspectors, and registration of voters. in two divisions, and shall promulgate its rules of
procedure in order to expedite disposition of election
4. Deputize, with the concurrence of the President, cases, including pre-proclamation controversies. All such
law enforcement agencies and instrumentalities of election cases shall be heard and decided in division,
the Government, including the Armed Forces of provided that motions for reconsideration of decisions
the Philippines, for the exclusive purpose of shall be decided by the Commission en banc.
ensuring free, orderly, honest, peaceful, and
credible elections. Section 4. The Commission may, during the election
period, supervise or regulate the enjoyment or utilization
5. Register, after sufficient publication, political of all franchises or permits for the operation of
parties, organizations, or coalitions which, in transportation and other public utilities, media of
addition to other requirements, must present communication or information, all grants, special
their platform or program of government; and privileges, or concessions granted by the Government or
accredit citizens' arms of the Commission on any subdivision, agency, or instrumentality thereof,
Elections. Religious denominations and sects including any government-owned or controlled
shall not be registered. Those which seek to corporation or its subsidiary. Such supervision or
achieve their goals through violence or unlawful regulation shall aim to ensure equal opportunity, time, and
means, or refuse to uphold and adhere to this space, and the right to reply, including reasonable, equal
Constitution, or which are supported by any rates therefor, for public information campaigns and
foreign government shall likewise be refused forums among candidates in connection with the objective
registration. of holding free, orderly, honest, peaceful, and credible
elections.
Financial contributions from foreign
governments and their agencies to political Section 5. No pardon, amnesty, parole, or suspension
parties, organizations, coalitions, or of sentence for violation of election laws, rules, and
candidates related to elections, constitute regulations shall be granted by the President without the
interference in national affairs, and, when favorable recommendation of the Commission.
accepted, shall be an additional ground for the
cancellation of their registration with the Section 6. A free and open party system shall be allowed
Commission, in addition to other penalties that to evolve according to the free choice of the people, subject
may be prescribed by law. to the provisions of this Article.

6. File, upon a verified complaint, or on its own Section 7. No votes cast in favor of a political party,
initiative, petitions in court for inclusion or organization, or coalition shall be valid, except for those
exclusion of voters; investigate and, where registered under the party-list system as provided in this
appropriate, prosecute cases of violations of Constitution.
election laws, including acts or omissions
constituting election frauds, offenses, and Section 8. Political parties, or organizations or
malpractices. coalitions registered under the party-list system, shall
not be represented in the voters' registration boards,
7. Recommend to the Congress effective measures boards of election inspectors, boards of canvassers, or
to minimize election spending, including other similar bodies. However, they shall be entitled to
limitation of places where propaganda materials appoint poll watchers in accordance with law.
shall be posted, and to prevent and penalize all
forms of election frauds, offenses, malpractices, Section 9. Unless otherwise fixed by the Commission in
and nuisance candidacies. special cases, the election period shall commence ninety
(90) days before the day of election and shall end thirty
(30) days thereafter.

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Section 10. Bona fide candidates for any public office shall the cessation of the cause for such postponement or
be free from any form of harassment and discrimination. suspension of the election or failure to elect.

Section 11. Funds certified by the Commission as Section 6. Failure of election. - If, on account of force
necessary to defray the expenses for holding regular and majeure, violence, terrorism, fraud, or other analogous
special elections, plebiscites, initiatives, referenda, and causes the election in any polling place has not been
recalls, shall be provided in the regular or special held on the date fixed, or had been suspended before
appropriations and, once approved, shall be released the hour fixed by law for the closing of the voting, or after
automatically upon certification by the Chairman of the the voting and during the preparation and the
Commission. transmission of the election returns or in the custody or
canvass thereof, such election results in a failure to
OMNIBUS ELECTION CODE OF THE PHILIPPINES elect, and in any of such cases the failure or suspension
ARTICLE I of election would affect the result of the election, the
GENERAL PROVISIONS Commission shall, on the basis of a verified petition by any
interested party and after due notice and hearing, call for
Section 1. Title. - This Act shall be known and cited as the the holding or continuation of the election not held,
"Omnibus Election Code of the Philippines." suspended or which resulted in a failure to elect on a
date reasonably close to the date of the election not held,
Section 2. Applicability. - This Code shall govern all suspended or which resulted in a failure to elect but not
election of public officers and, to the extent appropriate, all later than thirty (30) days after the cessation of the cause
referenda and plebiscites. of such postponement or suspension of the election or
failure to elect.
Section 3. Election and campaign periods. - Unless
otherwise fixed in special cases by the Commission on Section 7. Call of special election. -
Elections, which hereinafter shall be referred to as the
Commission, the election period shall commence ninety (1) In case a vacancy arises in the Batasang Pambansa
(90) days before the day of the election and shall end eighteen (18) months or more before a regular
thirty (30) days thereafter. election, the Commission shall call a special election to be
held within sixty (60) days after the vacancy occurs to
The period of campaign shall be as follows: elect the Member to serve the unexpired term.
1. Presidential and Vice-Presidential Election - 90
days; (2) In case of the dissolution of the Batasang
2. Election of Members of the Batasang Pambansa Pambansa, the President shall call an election which shall
and Local Election - 45 days; and not be held earlier than forty-five (45) nor later than sixty
3. Barangay Election - 15 days. (60) days from the date of such dissolution.

The campaign periods shall not include the day before The Commission shall send sufficient copies of its
and the day of the election. resolution for the holding of the election to its provincial
election supervisors and election registrars for
However, in case of special elections under Article VIII, dissemination, who shall post copies thereof in at least
Section 5, Subsection (2) of the Constitution, the campaign three conspicuous places preferably where public
period shall be forty-five (45) days. meetings are held in each city or municipality affected.

Section 4. Obligation to register and vote. - It shall be Section 8. Election Code to be available in polling
the obligation of every citizen qualified to vote to register places. - A printed copy of this Code in English or in the
and cast his vote. national language shall be provided and be made available
by the Commission in every polling place, in order that it
Section 5. Postponement of election. - When for any may be readily consulted by any person in need thereof on
serious cause such as violence, terrorism, loss or the registration, revision and election days.
destruction of election paraphernalia or records, force
majeure, and other analogous causes of such a nature that Section 9. Official mail and telegram relative to
the holding of a free, orderly and honest election elections. - Papers connected with the election and
should become impossible in any political subdivision, required by this Code to be sent by public officers in the
the Commission (en banc), motu proprio or upon a verified performance of their election duties shall be free of
petition by any interested party, and after due notice and postage and sent by registered special delivery mail.
hearing, whereby all interested parties are afforded equal Telegrams of the same nature shall likewise be transmitted
opportunity to be heard, shall postpone the election free of charge by government telecommunications and
therein to a date which should be reasonably close to the similar facilities.
date of the election not held, suspended or which resulted
in a failure to elect but not later than thirty (30) days after

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It shall be the duty of the Postmaster General, the Who may exercise suffrage?
Director of the Bureau of Telecommunications, and the All citizens of the Philippines, not otherwise
managers of private telecommunication companies to disqualified by law, who are at least eighteen
transmit immediately and in preference to all other years of age, and who shall have resided in the
communications or telegrams messages reporting election Philippines for at least one year and in the place
results and such other messages or communications which wherein they propose to vote, for at least six
the Commission may require or may be necessary to months immediately preceding the election.
ensure free, honest and orderly elections. Naturalized citizens may exercise suffrage.

Section 10. Election expenses. - Except in barangay Residence is defined in 2 aspects:


elections, such expenses as may be necessary and Requirement of residence in the Philippines It
reasonable in connection with the elections, is synonymous with domicile.
referenda, plebiscites and other similar exercises shall Requirement in the place where one is to vote
be paid by the Commission. The Commission may direct It may mean either temporary residence or
that in the provinces, cities, or municipalities, the election domicile.
expenses chargeable to the Commission be advanced by
the province, city or municipality concerned subject to * Filipinos abroad who are absentees may exercise the
reimbursement by the Commission upon presentation of right to vote pursuant to R.A. No. 9189 (The Overseas
the proper bill. Absentee Voting Act of 2003).

Funds needed by the Commission to defray the expenses * The right of a citizen to vote is necessarily conditioned
for the holding of regular and special elections, referenda upon certain procedural requirements he must undergo,
and plebiscites shall be provided in the regular i.e. registration.
appropriations of the Commission which, upon request,
shall immediately be released to the Commission. In case * Congress has the power to prescribe qualifications for
of deficiency, the amount so provided shall be augmented matters relating to election. Limitation: It cannot prescribe
from the special activities funds in the general any literacy, property, or other substantive requirement.
appropriations act and from those specifically
appropriated for the purpose in special laws. * It is not a substantial requirement if no additional burden
is imposed.
Section 11. Failure to assume office. - The office of any
official elected who fails or refuses to take his oath of Absentee voters may vote for:
office within six (6) months from his proclamation President
shall be considered vacant, unless said failure is for a cause Vice-President
or causes beyond his control. Senators
Party-List Representatives
Section 12. Disqualifications. - Any person who has
been declared by competent authority insane or * Section 4 of R.A. No. 9189 applies to those who have not
incompetent, or has been sentenced by final judgment lost their domicile in the Philippines.
for subversion, insurrection, rebellion or for any
offense for which he has been sentenced to a penalty of What is the rule on immigrants?
more than eighteen (18) months or for a crime There must be an affidavit declaring the intention to
involving moral turpitude, shall be disqualified to be a resume actual physical permanent residence in the
candidate and to hold any office, unless he has been given Philippines and also that that he/she has not applied for
plenary pardon or granted amnesty. any foreign citizenship.

This disqualifications to be a candidate herein * His having become an immigrant or permanent resident
provided shall be deemed removed upon the of another country does not necessarily imply an
declaration by competent authority that said insanity or abandonment of his intention to return to his domicile of
incompetence had been removed or after the expiration of origin, the Philippines. Loss of domicile is an evidentiary
a period of five years from his service of sentence, unless matter.
within the same period he again becomes disqualified.
Omnibus Election Code Batas Pambansa Bilang 881
Suffrage It is the right to vote. - December 3, 1985
- The basic law on elections.
Scope of Suffrage:
Election Election It means the choice or selection of candidates to
Plebiscite public office by popular vote through the use of ballot.

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Any election It includes all elections in the country and Special Elections:
refers not only to any election which may thereafter be a. Plebiscite It is an electoral process by which an
required to be held pursuant to law. initiative on the Constitution is approved or rejected by
the people.
Regular election It refers (whether national or local) to b. Initiative It is the power of the people to propose
an election participated in by those who possess the right amendments to the Constitution or to propose and enact
of suffrage, who are not otherwise disqualified by law, and legislations through election called for the purpose.
who are registered voters. i. Initiative on the Constitution petition
proposing amendments to the Constitution
Special election It is one which is held where there is a ii. Initiative on Statutes petition proposing to
failure of election on the scheduled date of regular election enact a national legislation
in a particular place or which is conducted to fill up certain iii. Initiative on Local Legislation petition
vacancies, as provided by law. proposing to enact a regional, provincial, city,
municipal, or barangay, resolution or ordinance
Theory of Popular Sovereignty A democratic and c. Referendum It is the power of the electorate to
republican government derives all its powers, directly or approve or reject a piece of legislation through an election
indirectly, from the people at large. Actual sovereignty is called for the purpose.
exercised by the people by means of suffrage. i. Referendum on Statutes petition to approve or
reject an act or law, or part thereof, passed by
Who has the power to regulate election laws? Congress
The Congress has the power to regulate election laws. The ii. Referendum on Local Laws petition to
canvassing and proclamation of the presidential and vice- approve or reject a law, resolution or ordinance
presidential elections is still lodged in Congress. enacted by regional assemblies and local
(Macalintal vs. COMELEC, G.R. No. 157013, July 10, 2003) legislative bodies
d. Recall It is a mode of removal of an elective public
What is the purpose of election laws? officer by the people before the end of his term of office.
It is to give effect rather than frustrate, the will of the (Subic Bay Metropolitan Authority vs. COMELEC, G.R. No.
voters. (Millare vs. Gironella, G.R. No. L-61586, May 30, 125416, September 26, 1996)
1983)
What does the word recall mean in paragraph (b) of
What is the rule on construction of election laws? Section 74 of the Local Government Code?
Liberal interpretation and application of the law would, It refers to the recall election, and not to the preliminary
moreover, be in accord with the underlying purpose of the proceedings to initiate recall. (Claudio vs. COMELEC, G.R.
Election Law, which is to provide as complete a method as No. 140560, May 4, 2000)
possible to obtain a clean election. We adopt that
construction which will produce the most beneficial What does the phrase regular local election in
results. (Ysip vs. Municipal Council of Cabiao, G.R. No. L- paragraph (b) of Section 74 of the Local Government
18947, April 29, 1922) They are to be liberally construed to Code pertain to?
the end that the will of the people in the choice of public It pertains only to the date of such election, and not to the
officers may not be defeated by mere technical objections. election period. (Claudio vs. COMELEC, G.R. No. 140560,
(Violago, Sr. vs. COMELEC, G.R. No. 194143, October 4, 2011) May 4, 2000)

What is the main feature of election laws in the What is the distinction between election period and
Philippines? campaign period?
Its primal feature is to allow the citizen to vote secretly for Election period shall commence ninety (90) days before
whom he pleases, free from proper influences. (US vs. the day of the election and shall end thirty (30) days
Cueto, G.R. No. L-13626, October 29, 1918) thereafter. It extends even beyond the day of election itself.
Campaign period shall not include the day before and the
What is the definition, basis and nature of election? day of the election. By reason of its nature and purpose, it
Election means the choice or selection of candidates to must necessarily be before the elections are held. (Peralta
public office by popular vote through the use of the ballot, vs. COMELEC, G.R. No. L-47771, March 11, 1978)
and the elected officials which are determined through the
will of the electorate. An election is the embodiment of the Suffrage as a privilege:
popular will, the expression of the sovereign power of the The modern conception of the suffrage is that voting is a
people. The basis is the candidate who has obtained a function of government. The right to vote is not a natural
majority or plurality of valid votes cast in the election. The right but is a right created by law. Suffrage is a privilege
nature of election is that it is imbued with public interest. granted by the State to such persons or classes as are most
(Rulloda vs. COMELEC, G.R. No. 154198, January 20, 2003) likely to exercise it for the public good. (People vs. Corral,
G.R. No. L-42300, January 31, 1936)

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Postponement of election: What is a book of voters?
The COMELEC may postpone the elections only "in the It refers to the compilation of all registration records in a
province or locality concerned." (Dimaporo vs. COMELEC, precinct. (R.A. No. 8189, Section 3[c])
G.R. No. 81151, January 7, 1988)
What is a list of voters?
What are 3 instances where a failure of election may It refers to an enumeration of names of registered voters
be declared? in a precinct duly certified by the Election Registration
1. The election in any polling place has not been held Board for use in the election. (R.A. No. 8189, Section 3[d])
on the date fixed on account of force majeure,
violence, terrorism, fraud or other analogous Can the COMELEC change the period within which
causes; voters may register to vote?
2. The election in any polling place has been No. The period within which voters may register to vote is
suspended before the hour fixed by law for the set by law and cannot be changed by mere resolution of
closing of the voting on account of force majeure, the COMELEC.
violence, terrorism, fraud or other analogous
causes; or What is the system of registration of voters that we are
3. After the voting and during the preparation and adopting?
transmission of the election returns or in the We are adopting the system of continuing registration of
custody or canvass thereof, such election results voters. Section 8, R.A. No. 8189 provides that the personal
in a failure to elect on account of force majeure, filing of application of registration of voters shall be
violence, terrorism, fraud or other analogous conducted daily in the office of the Election Officer during
causes. regular office hours.
* In these instances, there is a resulting failure to elect.
(Banaga, Jr. vs. COMELEC, G.R. No. 134696, July 31, When is registration not allowed to be performed by
2000) the COMELEC?
No registration shall, however, be conducted during the
Before the COMELEC can act on a verified petition period starting one hundred twenty (120) days before a
seeking to declare a failure of election two conditions regular election and ninety (90) days before a special
must concur, namely: election.
1. No voting took place in the precinct or precincts
on the date fixed by law, or even if there was Who may register?
voting, the election resulted in a failure to elect; All citizens of the Philippines not otherwise disqualified by
and law who are at least eighteen (18) years of age, and who
2. The votes not cast would have affected the result shall have resided in the Philippines for at least one (1)
of the election. year, and in the place wherein they propose to vote, for at
* Note that the cause of such failure of election could least six (6) months immediately preceding the election,
only be any of the following: force majeure, violence, may register as a voter. (R.A. No. 8189, Section 9)
terrorism, fraud or other analogous causes. (Banaga,
Jr. vs. COMELEC, G.R. No. 134696, July 31, 2000) X is employed as a manager of a big bank in Tagbilaran
City, Bohol. Due to his tight work schedule, he seldom
Is registration essential to the possession of the right returns to his original residence in Cebu City. Can X
of suffrage? register as a voter in Cebu City for the purpose of the
No. Registration is essential to the exercise of the right of next regular election?
suffrage, not to the possession thereof. In other words, the Yes. Any person who temporarily resides in another city,
right must be possessed by the citizen before registration. municipality or country solely by reason of his occupation,
Registration does not confer it. (Aportadera vs. Sotto) profession, employment in private or public service,
educational activities, work in the military or naval
What is meant by registration? reservations within the Philippines, service in the Armed
Registration refers to the act of accomplishing and filing of Forces of the Philippines, the National Police Forces, or
a sworn application for registration by a qualified voter confinement or detention in government institutions in
before the election officer of the city or municipality accordance with law, shall not be deemed to have lost his
wherein he resides and including the same in the book of original residence. (R.A. No. 8189, Section 9)
registered voters upon approval by the Election
Registration Board. (R.A. No. 8189, Section 3[a]) Can a person who on the day of registration may not
have reached the required age or period of residence
What is a registration record? be allowed to register as a voter?
It refers to an application for registration duly approved by Yes, he/she may be allowed to register if on the day of the
the Election Registration Board. (R.A. No. 8189, Section election he/ she shall possess such qualifications.
3[b])

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Who may not register? the Commission, these rules or any portion
Section 11, R.A. No. 8189 provides that the following shall thereof may be suspended by the Commission.
be disqualified from registering:
a. Any person who has been sentenced by final COMELEC Resolution No. 9164 IN THE MATTER OF
judgment to suffer imprisonment of not less than REINSTATING AND REIMPLEMENTING COMELEC
one (1) year, such disability not having been RESOLUTION NO. 8804 WITH AMENDMENTS
removed by plenary pardon or amnesty: Provided, At least five (5) days prior to the scheduled
however, That any person disqualified to vote recount of ballots, the protestant shall submit a
under this paragraph shall automatically list of his designated pilot precincts constituting at
reacquire the right to vote upon expiration of five most twenty (20%) of the total number of his
(5) years after service of sentence; protested clustered precincts, but in no case
b. Any person who has been adjudged by final exceeding two hundred (200) clustered precincts
judgment by a competent court or tribunal of or be less than twenty (20) clustered precincts,
having committed any crime involving disloyalty that will best attest to the votes recovered or will
to the duly constituted government such as best exemplify the merits or legitimacy of his
rebellion, sedition, violation of the firearms laws protest.
or any crime against national security, unless Based on the results of such post-recount
restored to his full civil and political rights in determination, the Division may dismiss the
accordance with law: Provided, That he shall protest, without further proceedings, if no
automatically reacquire the right to vote upon reasonable recovery was established from the
expiration of five (5) years after service of pilot protested precincts, otherwise, the recount
sentence; and of the ballots in the remaining protested clustered
c. Insane or incompetent persons declared as such precincts shall proceed, to be followed by the
by competent authority unless subsequently recount of the counter-protested clustered
declared by proper authority that such person is precincts, if any.
no longer insane or incompetent.
COMELEC Resolution No. 8804 COMELEC RULES OF
Are illiterate and disabled persons disqualified to PROCEDURE ON DISPUTES IN AN AUTOMATED
register? ELECTION SYSTEM
No. Any illiterate person may register with the assistance These Rules shall apply to election disputes under
of the Election Officer or any member of an accredited the Automated Election System (AES) using the
citizens arms. The application for registration of a Precinct Count Optical Scan (PCOS) and shall
physically disabled person may be prepared by any cover pre-proclamation controversies and
relative within the fourth civil degree of consanguinity or election protests.
affinity or by the Election Officer or any member of an In the interest of justice and in order to obtain
accredited citizens arm using the data supplied by the speedy disposition of all matters pending before it,
applicant. The fact of illiteracy or disability shall be so these Rules or any portion thereof, may be
indicated in the application. (R.A. No. 8189, Section 14) suspended by the COMELEC.

PROCEDURAL LAWS COMELEC Resolution No. 9366 - RULES AND


REGULATIONS GOVERNING THE: 1) FILING OF
COMELEC Rules of Procedure PETITIONS FOR REGISTRATION; 2) FILING OF
Effectivity: February 15, 1993 MANIFESTATION OF INTENT TO PARTICIPATE; 3)
Pursuant to Section 6 of Article IX-A and Section 3 SUBMISSION OF NAMES OF NOMINEES; AND 4) FILING
of Article IX-C of the Constitution of the Republic OF DISQUALIFICATION CASES AGAINST NOMINEES OF
of the Philippines and the powers vested in it by PARTY-LIST GROUPS OR ORGANIZATIONS
existing laws, the Commission on Elections hereby PARTICIPATING UNDER THE PARTY-LIST SYSTEM OF
promulgates the following rules governing REPRESENTATION IN CONNECTION WITH THE MAY 13,
pleadings, practice and procedure before it or any 2013 NATIONAL AND LOCAL ELECTIONS, AND
of its offices. SUBSEQUENT ELECTIONS THEREAFTER
These rules shall be liberally construed in order to The resolution hopes to address the following: 1)
promote the effective and efficient delay in the resolution of cases relating to the
implementation of the objectives of ensuring the registration of party-list organizations; 2) delay in
holding of free, orderly, honest, peaceful and the resolution of cases involving party-list
credible elections and to achieve just, expeditious nominees; and 3) issues relating to the
and inexpensive determination and disposition of cancellation of registration of party-list
every action and proceeding brought before the organizations.
Commission. COMELECs strategies for achieving these 3
In the interest of justice and in order to obtain objectives are as follows: 1) setting an earlier
speedy disposition of all matters pending before deadline for filing of petitions for registration of

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party-list organizations and the intent to candidate for Senator, with the Law Department
participate in the party-list elections; 2) the of the Commission on Elections in Manila,
concurrent filing of the manifestation of intent to provided that the substitute and the substituted
participate and the list of party-list nominees; and candidate have the same surnames.
3) providing timelines for the COMELEC to decide
disputes related to the registration and COMELEC Resolution No. 9576 IN THE MATTER OF
cancellation of party-list organizations and the ADOPTING THE EFFICIENT USE OF PAPER RULE
qualification of party-list nominees. This rule shall apply to all actions and proceedings
brought before this Commission such as, but not
COMELEC Resolution No. 9518 GUIDELINES ON THE limited to, ordinary actions (EPC), appealed cases
FILING OF CERTIFICATES OF CANDIDACY AND (EAC), special actions (SPA), special cases (SPC),
NOMINATION AND ACCEPTANCE OF OFFICIAL special reliefs (SPR), special proceedings (SPP),
CANDIDATES OF REGISTERED POLITICAL PARTIES OR election offenses (EO), fact-finding investigations
COALITION OF POLITICAL PARTIES IN CONNECTION (FF INV), election matters (EM), and
WITH THE MAY 13, 2013 AUTOMATED administrative cases (AC).
SYNCHRONIZED NATIONAL, LOCAL AND ARMM All pleadings, motions, and similar papers
REGIONAL ELECTIONS intended for the Commission shall be written in
No person shall be eligible for more than one single space with a double space between
office to be filled in the same election. If he files a paragraphs, using an easily readable font style of
Certificate of Candidacy for more than one office, partys choice, of 14-size font, and on 8.5-inch by
he shall not be eligible for any of them. However, 13-inch white bond paper.
before the expiration of the period for the filing of All decisions, resolutions, and orders issued by
Certificate of Candidacy, he may file a declaration this Commission shall comply with these
under oath, the office for which he desires to be requirements including the reports submitted to
eligible and cancel the Certificate of Candidacy for the Commission and transcripts of stenographic
the other office or office/s, stating the reasons notes.
therefor and attaching thereto the consent of the The parties shall maintain the following margins
party that nominated him, if any. on all court-bound papers: a left hand margin of
Any person who has filed a Certificate of 1.5 inches from the edge; an upper margin of 1.2
Candidacy may, at any time before election day inches from the edge; a right hand margin of 1.0
and subject to Sec. 15 hereof, file personally a inch from the edge; and a lower margin of 1.0 inch
Statement of Withdrawal under oath, in five (5) from the edge. Every page must be consecutively
legible copies, with the office where the Certificate numbered.
of Candidacy was filed. No Statement of
Withdrawal shall be accepted if filed by a person COMELEC Resolution No. 9476 COMELEC RULES AND
other than the candidate himself or if filed by mail, REGULATIONS GOVERNING CAMPAIGN FINANCE AND
electronic mail, telegram or facsimile. DISCLOSURE
A person who has withdrawn his Certificate of Any contribution in cash or in kind to any
Candidacy for a position shall not be eligible, candidate or party for campaign purposes, duly
whether as a substitute candidate or not, for any reported to the Commission, shall not be subject
other position. to the payment of donors tax.
If after the last day for the filing of Certificates of The aggregate amount that a candidate or party
Candidacy, an official candidate of a duly may spend for an election campaign shall be as
registered political party or coalition of political follows:
parties dies, withdraws or is disqualified for any o President and Vice-President P10.00
cause, he may be substituted by a candidate for every registered voter.
belonging to, and nominated by, the same political o For other candidates P3.00 for every
party. No substitute shall be allowed for any voter currently registered in the
independent candidate. constituency where the candidate filed his
The substitute for a candidate who died or is certificate of candidacy.
disqualified by final judgment, may file his o Candidate without any political party and
Certificate of Candidacy up to mid-day of election without support from any political party
day, provided that the substitute and the P5.00 for every voter currently
substituted have the same surnames. registered in the constituency where the
If the death or disqualification should occur candidate filed his certificate of
between the day before the election and mid-day candidacy; and
of election day, the substitute candidate may file o Political parties and party-list groups
his Certificate of Candidacy with any Board of P5.00 for every voter currently registered
Election Inspectors in the political subdivision in the constituency or constituencies
where he is a candidate, or in the case of a where it has official candidates.

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COMELEC Resolution No. 9751 GENERAL Evidence of the Independence of the COMELEC:
INSTRUCTIONS FOR THE BOARD OF ELECTION The salary of the Chairman and the
TELLERS (BETS), SPECIAL BOARD OF TELLERS Commissioners shall be fixed by law and shall not
(SBETS), AND BARANGAY BOARD OF CANVASSERS be decreased during their tenure.
(BBOCS) IN CONNECTION WITH THE CONDUCT OF THE The COMELEC shall appoint their officials and
OCTOBER 28, 2013, SYNCHRONIZED BARANGAY AND employees in accordance with law.
SANGGUNIANG KABATAAN ELECTIONS The members of the COMELEC are only removed
The Barangay and SK elections shall be non- by impeachment.
partisan and shall be conducted in an expeditious The COMELEC shall enjoy fiscal autonomy.
and inexpensive manner.
Inhibitions of Members of the COMELEC:
COMELEC Resolution No. 9763 IMPLEMENTING They cannot hold any other office or employment
RULES AND REGULATIONS OF REPUBLIC ACT NO. during their tenure.
10366, ENTITLED AN ACT AUTHORIZING THE They cannot engage in the practice of any
COMMISSION ON ELECTIONS TO ESTABLISH profession.
PRECINCTS ASSIGNED TO ACCESSIBLE POLLING They cannot engage in the active management or
PLACES EXCLUSIVELY FOR PERSONS WITH control of any business which, in any way, may be
DISABILITIES AND SENIOR CITIZENS affected by the functions of their office.
Under the new rules, the registered senior citizens They cannot be financially interested, directly or
and PWDs may choose to be assigned to an indirectly, in any contract with, or in any franchise
accessible polling precinct, making it easier for or privilege granted by the Government, any of its
them to exercise their right to vote. subdivisions, agencies, or instrumentalities,
including government-owned or controlled
COMELEC Resolution No. 9797 IN THE MATTER OF corporations or their subsidiaries.
ESTABLISHING ACCESSIBLE POLLING PLACES (APPs)
FOR PERSONS WITH DISABILITIES (PWDs) AND * All matters pertaining to appointment are within the
SENIOR CITIZENS IN PRE-IDENTIFIED SM MALLS TO realm of expertise of the Civil Service Commission. (Sec. 4,
SERVE AS PILOT TEST AREAS Art. IX-A, 1987 Constitution)
Only Persons with Disabilities and Senior Citizens
residing in the barangay where the Accessible General Rule: The Supreme Court cannot disapprove
Polling Places established are located may avail of internal rules promulgated by the COMELEC. (Sec. 5[5], Art.
the right and opportunity to vote therein. VIII, 1987 Constitution)
Exception: If there is grave abuse of discretion and it is
SUBSTANTIVE LAWS violative of the Constitution.
1. Omnibus Election Code of 1985 In case of conflict between the COMELEC Rules of
2. Republic Act Nos.: Procedure and the Rules of Court, which one prevails?
a. 9369 AN ACT AMENDING R.A. NO. 8436 It depends.
b. 9006 Fair Election Act If the case is before the COMELEC COMELEC
c. 9225 Citizenship Retention and Re- Rules of Procedure prevails.
acquisition Act of 2003 If the case is before the regular courts Rules of
d. 7941 Party-List System Act Court prevails.
e. 8189 The Voter's Registration Act of 1996
f. 7166 AN ACT PROVIDING FOR Within what period shall the COMELEC decide by a
SYNCHRONIZED NATIONAL AND LOCAL majority vote of all its Members if any case or matter is
ELECTIONS AND FOR ELECTORAL REFORMS, brought before it?
AUTHORIZING APPROPRIATIONS THEREFOR, Within sixty (60) days from the date of its
AND FOR OTHER PURPOSES submission for decision or resolution.
g. 10366 AN ACT AUTHORIZING THE
COMMISSION ON ELECTIONS TO ESTABLISH What is the composition of the COMELEC?
PRECINCTS ASSIGNED TO ACCESSIBLE 1 Chairman and 6 Commissioners
POLLING PLACES EXCLUSIVELY FOR
PERSONS WITH DISABILITIES AND SENIOR How are the Members of the COMELEC appointed?
CITIZENS Appointed by the President with the consent of
h. 9189 The Overseas Absentee Voting Act of the Commission on Appointments.
2003
i. 10367 AN ACT PROVIDING FOR * There must be no appointment in an acting or temporary
MANDATORY BIOMETRICS VOTER capacity.
REGISTRATION
3. Supreme Court Decisions

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* In case of an appointment to any vacancy, the person ELECTION LAW CASE PRINCIPLES
appointed shall only serve for the unexpired term of his
predecessor. 1. LABAN NG DEMOKRATIKONG PILIPINO, represented
by its Chairman EDGARDO J. ANGARA vs. THE
Nature of Powers of the COMELEC: COMMISION ON ELECTIONS and AGAPITO A. AQUINO,
Executive Power G.R. No. 161265, February 24, 2004
Quasi-legislative Power
Quasi-judicial Power The ascertainment of the identity of a political party and
By exception: Judicial Power, by express provision its legitimate officers is a matter that is well within the
of the Constitution. COMELECs authority. The source of this authority is no
other than the fundamental law itself, which vests upon
Who has the power to decide a persons right to vote? the COMELEC the power and function to enforce and
The regular courts in an inclusion or exclusion administer all laws and regulations relative to the conduct
proceedings, and not the COMELEC. of an election. In the exercise of such power and in the
discharge of such function, the Commission is endowed
* The COMELEC is exclusively charged to enforce and with ample wherewithal and considerable latitude in
administer all administrative laws. adopting means and methods that will ensure the
accomplishment of the great objectives for which it was
Does the COMELEC have the power to transfer created to promote free, orderly and honest elections.
municipality from one congressional district to
another for the purpose of preserving proportionality? 2. JOSE L. ATIENZA, JR., MATIAS V. DEFENSOR, JR.,
No. This power is lodged in the Congress. RODOLFO G. VALENCIA, DANILO E. SUAREZ, SOLOMON
R. CHUNGALAO, SALVACION ZALDIVAR-PEREZ, HARLIN
Does the COMELEC have the authority to review CAST-ABAYON, MELVIN G. MACUSI and ELEAZAR P.
contents involving the election of officers of a QUINTO vs. COMMISSION ON ELECTIONS, MANUEL A.
barangay federation? ROXAS II, FRANKLIN M. DRILON and J.R. NEREUS O.
No. The power of the COMELEC is over popular ACOSTA, G.R. No. 188920, February 16, 2010
elections.
The COMELECs jurisdiction over intra-party disputes is
Does the COMELEC have the power to issue writ of limited. It does not have blanket authority to resolve any
injunction? and all controversies involving political parties. Political
As a rule, no. But it can do so in aid of its appellate parties are generally free to conduct their activities
jurisdiction. without interference from the state. The COMELEC may
intervene in disputes internal to a party only when
* The COMELEC can investigate and prosecute cases of necessary to the discharge of its constitutional functions.
violations of election laws, including acts or omissions
constituting election frauds, offenses, and malpractices. It 3. NELSON T. LLUZ and CATALINO C. ALDEOSA vs.
can, however deputize the fiscal to conduct preliminary COMMISSION ON ELECTIONS and CAESAR O. VICENCIO,
investigation on election offenses and prosecute them. If G.R. No. 172840, June 7, 2007
not deputized, the fiscal has no power to assume the role
of prosecutor of election offenses. Profession or occupation not being a qualification for
elective office, misrepresentation of such does not
Who may grant pardon, amnesty, parole, or constitute a material misrepresentation. Certainly, in a
suspension of sentence for violation of election laws, situation where a candidate misrepresents his or her
rules, and regulations? profession or occupation in the certificate of candidacy, the
The President, with the favorable candidate may not be disqualified from running for office
recommendation of the COMELEC. under Section 78 as his or her certificate of candidacy
cannot be denied due course or canceled on such ground.
* Only religious denominations and sects are not allowed
to be registered as a party-list organization, but religious 4. THE COMMISSION ON ELECTIONS vs. HON. THELMA
affiliations are allowed. CANLAS TRINIDAD-PE AGUIRRE, Presiding Judge,
Regional Trial Court, Br. 129, Caloocan City, and MA.
* The Commission may, during the election period, LEONISA GENOVIA, G.R. No. 171208, September 7,
supervise or regulate the enjoyment or utilization of all 2007
franchises or permits for the operation of media of
communication or information. Section 268 of the Omnibus Election Code specifically
provides, regional trial courts have exclusive jurisdiction
to try and decide any criminal action or proceedings for
violation of the Code "except those relating to the offense
of failure to register or failure to vote."

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5. DOUGLAS R. CAGAS vs. THE COMMISSION ON is authorized to administer an oath stating in clear and
ELECTIONS, AND CLAUDE P. BAUTISTA, G.R. No. unequivocal terms that affiant is renouncing all foreign
194139, January 24, 2012 citizenship.

General Rule: A party aggrieved by an interlocutory order 9. ROMMEL APOLINARIO JALOSJOS vs. THE
issued by a Division of the Commission on Elections COMMISSION ON ELECTIONS and DAN ERASMO, SR.,
(COMELEC) in an election protest may not directly assail G.R. No. 191970, April 24, 2012
the order in this Court through a special civil action for
certiorari (Rule 64, Rules of Court). The remedy is to seek The Court has repeatedly held that a candidate is not
the review of the interlocutory order during the appeal of required to have a house in a community to establish his
the decision of the Division in due course. residence or domicile in a particular place. It is sufficient
that he should live there even if it be in a rented house or
Exception: The Court may take cognizance of a petition for in the house of a friend or relative. To insist that the
certiorari under Rule 64 to review an interlocutory order candidate own the house where he lives would make
issued by a Division of the COMELEC on the ground of the property a qualification for public office. What matters is
issuance being made without jurisdiction or in excess of that Jalosjos has proved two things: actual physical
jurisdiction or with grave abuse of discretion amounting to presence in Ipil and an intention of making it his domicile.
lack or excess of jurisdiction when it does not appear to be
specifically provided under the COMELEC Rules of 10. DOMINADOR G. JALOSJOS, JR. vs. COMMISSION ON
Procedure that the matter is one that the COMELEC en ELECTIONS and AGAPITO J. CARDINO, G.R. No. 193237,
banc may sit and consider, or a Division is not authorized October 9, 2012
to act, or the members of the Division unanimously vote to
refer to the COMELEC en banc. Of necessity, the aggrieved The perpetual special disqualification against Jalosjos
party can directly resort to the Court because the arising from his criminal conviction by final judgment is a
COMELEC en banc is not the proper forum in which the material fact involving eligibility which is a proper ground
matter concerning the assailed interlocutory order can be for a petition under Section 78 of the Omnibus Election
reviewed. Code. Jalosjos certificate of candidacy was void from the
start since he was not eligible to run for any public office at
6. ROSALINDA A. PENERA vs. COMMISSION ON the time he filed his certificate of candidacy. Jalosjos was
ELECTIONS and EDGAR T. ANDANAR, G.R. No. 181613, never a candidate at any time, and all votes for Jalosjos
November 25, 2009 were stray votes. As a result of Jalosjos certificate of
candidacy being void ab initio, Cardino, as the only
A person who filed his certificate of candidacy shall be qualified candidate, actually garnered the highest number
considered a candidate at the start of the campaign period. of votes for the position of Mayor. The Doctrine of the
A person who campaigns before the campaign period is Rejection of Second Placer does not apply because there is
not a candidate, and thus, not liable for premature only one qualified candidate Cardino.
campaigning.
11. SVETLANA P. JALOSJOS vs. COMMISSION ON
7. ELEAZAR P. QUINTO and GERINO A. TOLENTINO, JR. ELECTIONS, EDWIN ELIM TUPAG and RODOLFO Y.
vs. COMMISSION ON ELECTIONS, G.R. No. 189698, ESTRELLADA, G.R. No. 193314, June 25, 2013
February 22, 2010
Not only is a disqualification case against a candidate
The elected officials are no longer considered ipso facto allowed to continue after the election (and does not oust
resigned from their respective offices upon their filing of the COMELEC of its jurisdiction), but his obtaining the
certificates of candidacy. In contrast, since Section 66 was highest number of votes will not result in the suspension
not repealed, the limitation on appointive officials or termination of the proceedings against him when the
continues to be operative they are deemed resigned evidence of guilt is strong.
when they file their certificates of candidacy.
12. RENATO M. FEDERICO vs. COMMISSION ON
8. EUSEBIO EUGENIO K. LOPEZ vs. COMMISSION ON ELECTIONS, COMELEC EXECUTIVE DIRECTOR and
ELECTIONS and TESSIE P. VILLANUEVA, G.R. No. OSMUNDO M. MALIGAYA, G.R. No. 199612, January 22,
182701, July 23, 2008 2013

A Filipino-American or any dual citizen cannot run for any Different deadlines were set to govern the specific
elective public position in the Philippines unless he or she circumstances that would necessitate the substitution of a
personally swears to a renunciation of all foreign candidate due to death, disqualification or withdrawal. In
citizenship at the time of filing the certificate of candidacy. case of death or disqualification, the substitute had until
We also expounded on the form of the renunciation and midday of the election day to file the COC. In case of
held that to be valid, the renunciation must be contained in withdrawal, which is the situation at bench, the substitute
an affidavit duly executed before an officer of the law who should have filed a COC by December 14, 2009. The reason

APRIL LYNN L. URSAL Page 11


for the distinction can easily be divined. Unlike death or 15. CASIMIRA S. DELA CRUZ vs. COMMISSION ON
disqualification, withdrawal is voluntary. Generally, a ELECTIONS and JOHN LLOYD M. PACETE, G.R. No.
candidate has sufficient time to ponder on his candidacy 192221, November 13, 2012
and to withdraw while the printing has not yet started. If a
candidate withdraws after the printing, the name of the The possibility of confusion in names of candidates if the
substitute candidate can no longer be accommodated in names of nuisance candidates remained on the ballots on
the ballot and a vote for the substitute will just be wasted. election day, cannot be discounted or eliminated, even
under the automated voting system especially considering
13. CASAN MACODE MACQUILING vs. COMMISSION ON that voters who mistakenly shaded the oval beside the
ELECTIONS, ROMMEL ARNADO Y CAGOCO, AND LINOG name of the nuisance candidate instead of the bona fide
G. BALUA, G.R. No. 195649, July 2, 2013 candidate they intended to vote for could no longer ask for
replacement ballots to correct the same. The votes cast in
It is unquestioned that Arnado is a natural born Filipino favor of a nuisance candidate shall be counted in favor of
citizen, or that he acquired American citizenship by the bona fide candidate of the same surname.
naturalization. There is no doubt that he reacquired his
Filipino citizenship by taking his Oath of Allegiance to the 16. BARANGAY ASSOCIATION FOR NATIONAL
Philippines and that he renounced his American ADVANCEMENT AND TRANSPARENCY (BANAT) vs.
citizenship. It is also indubitable that after renouncing his COMMISSION ON ELECTIONS (sitting as the National
American citizenship, Arnado used his U.S. passport at Board of Canvassers), G.R. No. 179271, April 21, 2009
least six times. If there is any remaining doubt, it is
regarding the efficacy of Arnados renunciation of his The grant of the "exclusive power" to the COMELEC can be
American citizenship when he subsequently used his U.S. found in Section 265 of BP 881. The Commission shall,
passport. The renunciation of foreign citizenship must be through its duly authorized legal officers, have the
complete and unequivocal. The requirement that the exclusive power to conduct preliminary investigation of all
renunciation must be made through an oath emphasizes election offenses punishable under this Code, and to
the solemn duty of the one making the oath of prosecute the same. The Commission may avail of the
renunciation to remain true to what he has sworn to. assistance of other prosecuting arms of the government:
Allowing the subsequent use of a foreign passport because
it is convenient for the person to do so is rendering the 17. ROBERT P. GUZMAN vs. COMMISSION ON
oath a hollow act. It devalues the act of taking of an oath, ELECTIONS, MAYOR RANDOLPH S. TING AND
reducing it to a mere ceremonial formality. SALVACION GARCIA, G.R. No. 182380, August 28, 2009

14. CELESTINO A. MARTINEZ III vs. HOUSE OF It is clear that what is prohibited by law is the release,
REPRESENTATIVES ELECTORAL TRIBUNAL AND disbursement or expenditure of public funds for any and
BENHUR L. SALIMBANGON, G.R. No. 189034, January all kinds of public works. Public works is defined as fixed
11, 2010 works (as schools, highways, docks) constructed for public
use or enjoyment esp. when financed and owned by the
The evidence clearly shows that Edilito C. Martinez, who government. From this definition, the purchase of the two
did not even bother to file an answer and simply lots purportedly to be utilized as cemetery by the City
disappeared after filing his certificate of candidacy, was an Government of Tuguegarao cannot by any stretch of
unknown in politics within the district, a "habal-habal" imagination be considered as public works, hence it could
driver who had neither the financial resources nor political not fall within the proscription as mandated under the
support to sustain his candidacy. The similarity of his aforementioned section of the Omnibus Election Code. This
surname with that of petitioner was meant to cause case does not fall under the prohibition of construction of
confusion among the voters and spoil petitioner's chances public works within 45 days before the regular election.
of winning the congressional race for the Fourth
Legislative District of Cebu. As it turned out, there were 18. THE DIOCESE OF BACOLOD, REPRESENTED BY THE
thousands of ballots with only "MARTINEZ" or "C. MOST REV. BISHOP VICENTE M. NAVARRA and THE
MARTINEZ" written on the line for Representative, votes BISHOP HIMSELF IN HIS PERSONAL CAPACITY vs.
considered stray by the BEI and not counted in favor of COMMISSION ON ELECTIONS AND THE ELECTION
petitioner, and which the HRET affirmed to be invalid OFFICER OF BACOLOD CITY, ATTY. MAVIL V.
votes. Had the Commission timely resolved the petition to MAJARUCON, G.R. No. 205728, January 21, 2015
declare Edilito C. Martinez a nuisance candidate, all such
ballots with "MARTINEZ" or "C. MARTINEZ" would have The tarpaulin was not paid for by any candidate or
been counted in favor of petitioner and not considered political party. It is not considered as a campaign material.
stray, pursuant to COMELEC Resolution No. 4116, issued in There was no allegation that petitioners coordinated with
relation to the finality of resolutions or decisions in any of the persons named in the tarpaulin regarding its
disqualification cases. posting. Petitioners posted the tarpaulin as part of their
advocacy against the RH Law. In this case, the COMELEC
cannot regulate the posting of such tarpaulin.

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