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Election Reviewer - Chapters 1 - 7 PDF
Election Reviewer - Chapters 1 - 7 PDF
Written and Edited by: APAYA, Edrian and DAVID, Jose Angelo. REFERENCES: Relevant laws, jurisprudence and San Beda Law BarOps Memory Aid.
Please notify the author/s concerned for corrections, suggestions and comments.
Election Law Reviewer 2
The campaign periods shall not include the day 4. Petitions for the postponement, declaration of
before and the day of the election (Sec. 3, B.P. failure of election and the calling of special
881). elections (Loong v. COMELEC); and
5. The COMELEC en banc has the power to
prosecute election cases, and in the exercise of
History of Election such prosecutory power, it conducts preliminary
investigation, decides whether or not there exists
1. 1897 Biak na Bato Constitution a probable cause and files the corresponding
No suffrage information in court. (Faelnar v. People).
2. 1899 Malolos Constitution
No suffrage Powers and Functions:
3. 1935 Constitution 1. Enforcement and Administration of Election Laws
-Suffrage is limited to male citizens, 21 and Regulations
years of age, and able to read and write. 2. Power to ensure free, honest, orderly credible
-Suffrage for women is subject to and peaceful elections.
plebiscite of 300,000 women. 3. Rule Making Power
4. 1973 Constitution 4. Quasi-Legislative Functions
-suffrage is mandatory. Failure to register 5. Quasi-Judicial Power
is an election offense. 6. Contempt and Subpoena
5. 1987 Constitution 7. Auxiliary writs and processes
8. Specific Powers
a. Power to declare failure of elections
THE COMMISSION ON ELECTIONS Two conditions must concur before the
COMELEC can act on a petition seeking
Chapter 2
to declare a failure of elections:
i. No voting took place in the precinct
Jurisdiction or precincts on the date fixed by law,
or even if there was voting, the
General Rule: The COMELEC sitting en banc does election resulted in failure to elect;
NOT have the requisite authority to hear and decide and
election cases in the first instance. This power ii. The votes not cast would have
pertains to the divisions of the Commission. Any affected the result of the elections.
decision by the Commission en banc as regards (Dibratun v. Comelec)
election cases decided by it in the first instance is null
and void (Abad v. COMELEC) *The cause of such failure of election
could only be any of the following:
Exceptions: force majeure, violence, terrorism,
1. When what is involved in the case is purely fraud, or other analogous cases.
administrative, and not quasi-judicial in nature;
2. When the required number of votes to reach a b. Power to call for special elections
decision, resolution, order or ruling is not In fixing the date for special elections,
obtained in the division (Garvida v. Sales, Jr.) the Comelec should see to it that:
3. Where the petitioner invoked the jurisdiction of i. It should not be later than 30 days
the COMELEC en banc, participated in its after the cessation of the cause of
proceedings and sought relief therefrom, in which the postponement or suspension of
instance he is estopped to subsequently question the election or failure to elect; and
the jurisdiction of the COMELEC en banc
(Ramirez v. COMELEC);
Candidate – refers to any person aspiring for or Governor, Vice-governor, Mayor, Vice-mayor,
seeking an elective public office, who has filed a Punong barangay, Sanggunian (sg) members
certificate of candidacy” and that “any person who 1. Citizen of the Philippines;
files certificate of candidacy within [the period for 2. Registered voter in the barangay, municipality, city
filing] shall only be considered as a candidate at the or province, or, in the case of a member of the SG
start of the campaign period for which he filed his panlalawigan, panlungsod or bayan, the district
certificate of candidacy. (Penera v. Comelec) where he intends to be elected;
Giving to the Provider (Smartmatic TIM) the To monitor and evaluate the implementation of
access keys ― both the private and public this Act.
access keys ― is like giving to the system
administrator of Yahoo or Hotmail one's Electoral Sabotage- any person or member of the
private password to his or her email account. board of election inspectors or board of canvassers
The private key is supposed to be private to who tampers, increases or decreases the votes
the Chair of the Board of Election Inspectors, received by a candidates in any election or any
generated by him and unknown to the member of the board who refuses after proper
Provider. Otherwise, the Provider will have verification and hearing ,to credit the correct votes or
the capacity to alter the election results at the deduct such tampered votes: Provided, however,
precinct level. Worse, even the private keys That when the tampering, increase or decrease of
at the canvassing level are generated by the votes or the refusal to credit the correct votes and /or
Provider, allowing the Provider to change the to deduct tampered to deduct tampered votes are
election results at the canvassing level. perpetrated on large scale or in substantial numbers,
Clearly, the COMELEC has abdicated control the same shall be considered not as an ordinary
over the elections to the Provider, putting the election offense under Section 261 of the omnibus