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Election Law- MEMORY AID

Ateneo De Zamboanga University


College of Law
Professor: Atty Kenneth Vincent P. Beldua

1. Qualification in the exercise of suffrage (18-1-6)


a. Filipino Citizen
b. At least 18 years of age
c. Resident of the Philippines for at least 1 year
d. Resident of the place where he proposes to vote for at least six (6) months
e. Not otherwise disqualified by law

2. Qualifications for President and Vice President (40-10)


a. Natural-born citizen of the Philippines
b. Registered voter
c. Able to read and write
d. At least 40 years of age on the day of election
e. Resident of the Philippines for at least ten (10) years immediately preceding
such election
3. Qualifications for Members of the Batasang Pambansa (Congress)

I. Senators (35-2)

a. Natural Born citizen


b. At least 35 years of age
c. Able to read and write
d. a registered voter
e. resident of the Philippines for not less than two(2) years immediately preceding
the day of election

II-Members of HOR (25-1)

a. Natural Born citizen


b. At least 25 years of age
c. Able to read and write
d. a registered voter in the district in which he shall be elected
e. resident for a period of not less than one (1)year immediately preceding the
day of election
4. Qualifications of Governor, Vice Governor, Mayor or vice-mayor, Punong
Barangay and Sanggunian Members
a. Citizen of the Philippines
b. Registered voter in the barangay,municipality, city or province, district where
he intends to be elected
c. Resident therein for 1 year

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d. Able to read and write
e. On election day, must at least be:
1. 23 years-gov, vice governor, mayor or vice mayor of highly urbanized
cities
2. 21 years- mayor or vice mayor of independent component cities
3. 18 years- member of sangguniang panlungsod or bayan, 15 but not
more than 18- Sangguniang Kabataan

5. Postponement of election
For any serious cause such as:
Violence
Terrorism
Loss or destruction of election paraphernalia or records
Force majeure
And other analogous causes of such nature that the holding of a free, orderly
and honest election, should become impossible in any political subdivision.

6. Failure of Election
a. The election in any polling place has not been held as fixed on account of
force majeure, violence, terrorism, fraud or other analogous causes
b. The election in any polling place has been suspended before the hour fixed
by law for the closing of the voting on account of force majeure, violence,
terrorism, fraud or other analogous causes
c. After the voting and during the preparation and transmission of the election
returns or in the custody or canvass thereof, such election results in a failure to
elect on account of force majeure, violence, terrorism, fraud or other
analogous causes

7. Qualifications of Chairman and commissioners of COMELEC


1. Natural-born citizens of the Philippines;
2. At least 35 years old at the time of appointment
3. Holders of college degrees;
4. Not candidates for any elective position in the immediately preceding
elections.
5. Majority of the Commission, including the Chairman, must be:
a. Members of the Philippines Bar
b. Engaged in the practice of law for at least 10 years
c. Appointments subject to Commission on Appointments approval

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8. Election offenses
1. Vote-buying and vote-selling
2. Conspiracy to bribe voters
3. Wagering upon result of election
4. Threats, intimidation, terrorism, use of fraudulent device
5. Coercion of election officials and employees
6. Appointment of new employees, creation of new position or giving salary
increases
7. Undue influence
8. Unlawful electioneering

9. Definition of Terms:

Election- is the means by which the people choose their officials for a definite
and fixed period and to whom they entrust for the time being the exercise of the
powers of the government.
Plebiscite-
Initiative- the power of the people to propose amendments to the Constitution or
to propose and enact legislation
Referendum- power of the electorate to approve or reject legislation through an
election called for the purpose.
Recall- method for removing an elective public officer by the people before the
end of the officer’s term of office due to lost of confidence/trust.

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Ad-interim appointment
Suffrage
Political party
Sectoral party
Sectoral organization
Coalition
Nuisance candidates
Natural Born Citizens
Repatriation
Pre proclamation controversy
Dual citizenship
Dual allegiance
Doctrine on the rejection of the second placer
Certificate of Candidacy
Presidential Electoral Tribunal (PET)

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House of Representative Electoral Tribunal (HRET)
Discretionary and Ministerial function
Incomplete canvass

10. Disqualifications under Local Government Code (Elective local officials)


a. Those sentenced by final judgment for an offense involving moral turpitude or
for an offense punishable by one (1) year or more of imprisonment, within 2
years after serving the sentence
b. Those removed from office as a result of an administrative case.
c. Those convicted by final judgment for violating the oath of allegiance to the
Republic.
d. Those with dual citizenship
e. Fugitives from justice in criminal or nonpolitical cases here or abroad
f. Permanent residents in foreign country or those who have acquired the right
to reside abroad and continue to avail of the same right after the effectivity
of this Code
g. Insane or feeble-minded

11. Disqualification under the Omnibus Election Code (BLG 881,Section 68)
i. Giving money or other material consideration to influence voters or public
officials performing electoral functions.
ii. Committing acts of terrorism to enhance his candidacy
iii. Spending in his election campaign in excess of the amount allowed by the
Code
iv. Soliciting, receiving or making any prohibited contribution
v. Violation of Section 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and cc, sub-
paragraph 6 (Sec. 68, Omnibus Election Code).

12. Individuals who are citizens of the Philippines (1987 Constitution)


1. Those who are citizens of the Philippines at the time of the adoption of this
Constitution
2. Those whose fathers or mothers are citizens of the Philippines
3. Those born before January 17, 1983, of Filipino mothers, who elect Philippine
Citizenship upon reaching the age of majority
4. Those who are naturalized in accordance with law.

13. The four inviolable parameters of the Filipino Party list system
1. 20% of the total number of the membership of the HOR is the maximum
number of seats available to party-list organizations, such that there is
automatically 1 party-list seat for every four existing legislative districts.

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2. Garnering 2% of the total votes cast in the party-list elections guarantees a
party-list organization 1 seat.
3. The additional seats shall be distributed to the party-list organizations
including those that received less than 2% of the total votes.
4. The three-seat cap is constitutional.

14. Qualifications of party list representatives


1. Natural-born citizen
2. Registered voter
3. resident for a period of not less than one (1)year immediately preceding the
day of election
4. able to read and write
5. bona fide member of the party which he seeks to represent at least 90 days
preceding the day of election
6. at least 25 years of age

15. Groups which cannot be registered as political parties


1. Religious sects
2. Those which seek to achieve their goals through unlawful means
3. Those which refuse to adhere to the Constitution
4. Those which are supported by any foreign government (Sec. 2 (5), Article IX-C
of 1987 Constitution)

16. Grounds for cancellation of registration


1. It is a religious sect or denomination
2. It advocates violence or unlawful means to seek its goal
3. It is foreign party or organization
4. It is receiving report from any foreign government, foreign political party.
5. It violates or fails to comply with laws, rules or regulations relating to elections
6. It declares untruthful statements in its petition
7. It has ceased to exist for at least one(1) year
8. It fails to participate in the last two preceding elections or fails to obtain at
least 2% of the votes cast under the party-list system

17. Powers and Functions of COMELEC


1. Enforce and administer all laws and regulations relative to the conduct of an
election, plebiscite, initiative, referendum, and recall.
Ex: COMELEC can enjoin construction of public works within 45 days of an
election.

2. Exercise:

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a. Exclusive original jurisdiction over all contests relating to the elections, returns,
and qualifications of all elective

i. Regional,
ii. Provincial, and
iii. City officials

b. Appellate jurisdiction over all contests


involving:
i. Elective municipal officials decided by trial courts of general jurisdiction
ii. Elective barangay officials decided by trial courts of limited jurisdiction.

Decisions, final orders, or rulings of the Commission on election contests involving


elective municipal and barangay offices shall be final, executory, and not
appealable. Exception: Appealable to the SC on questions of law.

3. Decide, except those involving the right to vote, all questions affecting
elections,
including determination of the number and location of polling places,
appointment of
election officials and inspectors, and registration of voters.

NOTE: Questions involving the right to vote fall within the jurisdiction of the
ordinary
courts.
4. Deputize, with the concurrence of the President, law enforcement agencies
and
instrumentalities of the Government, including the Armed Forces of the
Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful,
and
credible elections.

5. Registration of political parties, organizations, or coalitions/accreditation of


citizens’ arms of the Commission on Elections.

6.. File, upon a verified complaint, or on its own initiative, petitions in court for
inclusion of exclusion of voters; investigate and, where appropriate, prosecute
cases of violations of election laws, including acts or omissions constituting
elections frauds, offenses and
malpractices.

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7. Recommend to the Congress effective measures to minimize election
spending,
including limitation of places where propaganda materials shall be posted, and
to
prevent and penalize all forms of election frauds, offenses, malpractices, and
nuisance
candidacies.

8. Recommend to the President the removal of any officer or employee it has


deputized, or the imposition of any other disciplinary action, for violation or
disregard of, or
disobedience to its directive, order, or decision.

9. Submit to the President and the congress a comprehensive report on the


conduct of each election, plebiscite, initiative, referendum, or recall

18. Nuisance candidates


1. To put the election process in mockery or disrepute
2. To cause confusion among voters by similarity of names of registered
candidates
3. By other circumstances or acts which demonstrate that a candidate has no
bona fide intention to run for the office for which his COC has been filed, and
thus prevent a faithful determination of the will of the electorate.

19. Composition of Board of Election Inspectors (PBOC, CBC, DBC, MBC)

20. Kinds of Contest


1. Election protest
May be filed by any candidate who has filed a COC and has been voted
upon in the same office
Grounds:
a. Fraud
b. Terrorism
c. Irregularities
d. Illegal acts committed, before during and after the casting and counting
of votes

Time to file: within 10days from proclamation of results of election

2. Quo warranto

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Filed by any registered voter in the constituency

Grounds:

a. Ineligibility
b. Disloyalty to the public

Time to file. Within 10 days from proclamation of results of election

21 . Section 68 vs. Section 78 (OEC)


Section 68- petition for disqualification with substitution
Section 78- Petition to deny due course or cancel a COC without substitution.

22. Modes of losing Citizenship


a. Naturalization
b. Express renunciation of citizenship
c. Oath of allegiance to a foreign country

23. Twin requirements under Ra 9225


a. Personal and sworn renunciation of foreign citizenship
b. Oath of allegiance
24. Requirements for a valid change of residence for purposes of the requirement on
“residence under the LGC
1. Animus manendi
2. Animus non revertendi
25. Disqualification to run for elective local office
a. That the official concerned has been elected for three consecutive term in
the same local government post
b. That the has fully served three consecutive terms
26. Grounds for impeachment
a. Culpable violation of the constitution
b. Treason
c. Bribery
d. Graft and corruption
e. Other high crimes
f. Betrayal of public trust
27. Rule 64
Section 1- Scope- This Rule shall govern the review of judgments and final orders
or resolutions of the Commission on Elections and the Commission on Audit.

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Section 2- Mode of review- a judgment or final order or resolution of the
Commission on Elections and the Commission on Audit may be brought by the
aggrieved party to the Supreme Court on certiorari under Rule 65 except as
hereinafter provided.

Section 3- Time to file petition- The petition shall be filed within thirty (30) days
from notice of the judgment or final order or resolution sought to be reviewed.
The filing of a motion for new trial or reconsideration of said judgment or final
order or resolution, if allowed under the procedural rules of the Commission
concerned, shall interrupt the period herein fixed. If the motion is denied, the
aggrieved party may file the petition within the remaining period, but which shall
not be less than five (5) days in any event, reckoned from the notice of denial.

Rule 65
Section 1- Petition for Certiorari- When any tribunal, board or officer exercising
judicial or quasi-judicial functions has acted without or in excess of its or his
jurisdiction, or with grave abuse of discretion amounting to lack or excess of
jurisdiction, and there is no appeal, nor any pain, speedy and adequate remedy
in the ordinary course of law, a person aggrieved thereby may file a verified
petition in the proper court, alleging the facts with certainty and praying that
judgment be rendered annulling or modifying the proceedings of such tribunal,
board or officer, and granting such incidental reliefs as law and justice may
require.

The petition shall be accompanied by a certified true copy of the judgment,


order or resolution subject thereof, copies of all pleadings and documents
relevant and pertinent thereto, and a sworn certification of non-forum shopping
as provided in the third paragraph of Section 3, Rule 46.

28. Pre-proclamation Controversy


Refers to any questions 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
commission in relation to the preparation, transmission, receipt, custody and
appreciation of the election returns.

Issues that may be raised


1. Illegal composition or proceedings of the board of canvassers

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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 other authentic copies thereof.
3. The election returns were prepared under duress, threats, coercion or
intimidation or they are obviously manufactured or not authentic; and
4. When substitute or fraudulent returns in controverted polling places were
canvassed, the results of which materially affected the standing of the
aggrieved candidate or candidates.

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