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Carrie, Aldrich, She, Cayo, Evelyn, Thel, Gem, Ronald, Karen
Carrie, Aldrich, She, Cayo, Evelyn, Thel, Gem, Ronald, Karen
Election
Embodiment of the popular will, the expression of the sovereign power of the people.
Components
Listing of votes
Regular election – refers to an election participated in by those who possess the right
of suffrage and not disqualified by law and who are registered voters
Special election – when there is failure of election on the scheduled date of regular
election in a particular place or which is conducted to fill up certain
vacancies, as provided by law (ex. To fill in vacancy in office before
the expiration of the term for which incumbent was elected)
Political Parties
1) Registered Parties:
d. Top 3 Political Parties – entitled to appoint principal watcher and a copy of the
certificate of canvass
2) Non-registered parties
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P O L I T I C A L L AW
ELECTION LAW REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie, Aldrich, She, Cayo, Evelyn, Thel, Gem, Ronald, Karen
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.
Candidates
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 all unless he cancels all and retains one
3. The certificate of candidacy shall be filed by the candidate personally or by his duly
authorized representative.
2.1 Sentenced by final judgment for an offense involving moral turpitude or for an
offense punishable by one year or more of imprisonment within two years after
serving sentence
2.3 Convicted by final judgment for violating the oath of allegiance to the Republic
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P O L I T I C A L L AW
ELECTION LAW REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie, Aldrich, She, Cayo, Evelyn, Thel, Gem, Ronald, Karen
2.6 Permanent residents in a foreign country or those who have acquired the right to
reside abroad and continue to avail of the same right
3. Nuisance candidate
A. Any candidate who has been declared by final judgment to be disqualified shall NOT
be voted for.
B. 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
A. The term refers to candidates who have no bona fide intention to run for the office for
which the certificate of candidacy has been filed and would thus prevent a faithful
determination of the true will of the people.
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P O L I T I C A L L AW
ELECTION LAW REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie, Aldrich, She, Cayo, Evelyn, Thel, Gem, Ronald, Karen
B. Power of COMELEC
B. The petition should be filed not later than 25 days from the filing of the certificate of
candidacy.
C. It should be decided not later than 15 days before the election, after due notice and
hearing.
Definition
2) It includes:
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P O L I T I C A L L AW
ELECTION LAW REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie, Aldrich, She, Cayo, Evelyn, Thel, Gem, Ronald, Karen
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 – Written and Printed Materials (8.5” W x 14L”)
Letters
P 3 for other candidates for every voter currently registered in the constituency
Voters
Qualifications
Residence
1. He /she should have resided in the Philippines for one year and
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P O L I T I C A L L AW
ELECTION LAW REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie, Aldrich, She, Cayo, Evelyn, Thel, Gem, Ronald, Karen
Residence Requirement
If the transfer of residence is due to any of the following reasons, the person
concerned will be deemed NOT to have lost his original residence:
B. Educational activities
Disqualifications
A. 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.
B. 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:
1. UNLESS restored to his full civil and political rights in accordance with law.
A. The municipal and metropolitan trial courts shall have original and exclusive
jurisdiction over all matters of inclusion and exclusion of voters from the list in their
respective municipalities or cities.
Petition filed at any time except 105 days before regular election or 75 days before
special election
B. Decisions may be appealed to the RTC within 5 days from receipt of notice of
decision.
C. RTC will decide the appeal within 10 days. Decision is final and executory.
D. Note: Relate this to Article IX of the Constitution which provides that the COMELEC
has no jurisdiction over questions involving the right to vote.
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P O L I T I C A L L AW
ELECTION LAW REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie, Aldrich, She, Cayo, Evelyn, Thel, Gem, Ronald, Karen
E. Exclusion is through sworn petition and not later than 100 days before regular
election; 65 days before special election
Deactivation/ Reactivation
Exclusion/ Inclusion
New voters
Transfer of Residence
Deactivation means removing the registration records of persons from the precinct book
of voters and place the same, properly marked and dated in indelible ink, in the inactive
file after entering the cause of deactivation.
Affidavit
Not later than 120 days before regular election and 90 days before special election
Annulment of Book of Voters is through verified petition; notice and hearing; not
prepared in accordance with law or prepared through fraud, bribery, forgery,
impersonation, intimidation, force, any similar irregularity or which contains data that are
statistically improbable
Postponement of Election
Causes
Violence
Terrorism
Force majeure
Effect
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P O L I T I C A L L AW
ELECTION LAW REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie, Aldrich, She, Cayo, Evelyn, Thel, Gem, Ronald, Karen
COMELEC can postpone the election (when decided by a majority vote of the
COMELEC sitting en banc, RA 7166):
A. Motu proprio
B. Upon a verified petition by any interested party, after due notice and hearing
The date of the postponed election should be reasonably close to the date of the
election not held, suspended, or which resulted in a failure to elect.
It should not be later than 30 days after the cessation of the cause for such
postponement or suspension of the election or failure to elect.
Failure of Election
Causes
Force majeure
Violence
Terrorism
Fraud
Under RA 7166, the causes for the declaration of the failure of election may
occur before or after the casting of votes or on the day of the election.
A. Election in any polling place was not held on the date fixed;
B. Election was suspended before the hour fixed by law for the closing of the voting
C. Elections results in a failure to elect (after the voting and during the preparation and
transmission of the election returns or in the custody or canvass thereof)
AND the failure or suspension of the election would affect the result of the
election
Remedy
COMELEC can call for the holding or continuation of the election not held,
suspended, or which resulted in a failure to elect.
The election should be held not later than 30 days after the cessation of the
cause of the postponement or suspension of the election or failure to elect.
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P O L I T I C A L L AW
ELECTION LAW REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie, Aldrich, She, Cayo, Evelyn, Thel, Gem, Ronald, Karen
Any party already registered need not register anew. File manifestation not later than
90 days before election.
b. Advocates violence
h. 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
Party List Reps constitute 20% of the total number of the members of the House of
Reps including those under the party-list
How do we determine the number of party list seats in the House of Reps?
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
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.
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P O L I T I C A L L AW
ELECTION LAW REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie, Aldrich, She, Cayo, Evelyn, Thel, Gem, Ronald, Karen
A: Yes, provided that the political parties themselves represent the marginalized and
under represented sectors, parties and organizations. (Ang Bagong Bayani-OFW Labor
Party v. COMELEC, G. R. No. 147589 26 June 2001).
Incumbency / Surname
Pre-Proclamation Controversies
Definition
B. 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 have
original jurisdiction while COMELEC have appellate jurisdiction)
C. Those that can be filed with COMELEC directly are the ff:
Recount
There can be a recount under the grounds of 234-236. The returns involved will affect
the results and the integrity of the ballot box has been preserved
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P O L I T I C A L L AW
ELECTION LAW REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie, Aldrich, She, Cayo, Evelyn, Thel, Gem, Ronald, Karen
B. 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.
C. The election returns were prepared under duress, threats, coercion, or intimidation,
or they are obviously manufactured, or not authentic.
Procedure
B. 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.
It suspends the running of the period within which to file an election protest or
quo warranto proceeding.
President
Vice-President
Senator
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.
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P O L I T I C A L L AW
ELECTION LAW REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie, Aldrich, She, Cayo, Evelyn, Thel, Gem, Ronald, Karen
B. This is without prejudice to the filing of a regular election protest by the aggrieved
party.
Election Contest
Original Jurisdiction
Appellate Jurisdiction
Any candidate who has duly filed a certificate of candidacy and has been voted
for the same office
The defeated candidate seeks to oust the proclaimed winner and claims the seat.
A. This only applies to questions of FACT. (Flores v. COMELEC, 184 SCRA 484)
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P O L I T I C A L L AW
ELECTION LAW REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie, Aldrich, She, Cayo, Evelyn, Thel, Gem, Ronald, Karen
2) Jurisdiction
A. Pre-proclamation controversy
B. Election contest
3) In some cases, even if the case (involving municipal officials) began with the
COMELEC before proclamation but a proclamation is made before the controversy is
resolved, it ceases to be a pre-proclamation controversy and becomes an election
contest cognizable by the RTC.
4) However, in some cases, the SC has recognized the jurisdiction of COMELEC over
municipal cases even after proclamation.
A. Covered acts
B. Purpose of acts
1. To induce anyone or the public in general to vote for or against any candidate
or withhold his vote in the election; or
2. To vote for or against any aspirant for the nomination or choice of a candidate
in a convention or similar selection
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P O L I T I C A L L AW
ELECTION LAW REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie, Aldrich, She, Cayo, Evelyn, Thel, Gem, Ronald, Karen
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.
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
1. public officer
4. employer/landowner
B. Prohibited acts
B. Prohibited acts
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P O L I T I C A L L AW
ELECTION LAW REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie, Aldrich, She, Cayo, Evelyn, Thel, Gem, Ronald, Karen
D. Exceptions
A. Who can be held liable: Any public official or employee including barangay officials
and those of GOCCs/subsidiaries
B. Prohibited acts:
The release, disbursement or expenditure of public funds for any and other kinds
of public works
D. Exception
3. 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.
A. General rule: public official CANNOT suspend any of the officers enumerated above
during the election period.
B. Exceptions
Voting more than once in the same election/voting when not a registered voter
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P O L I T I C A L L AW
ELECTION LAW REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie, Aldrich, She, Cayo, Evelyn, Thel, Gem, Ronald, Karen
Voting in substitution for another with or without the latter’s knowledge and/or
consent etc.
A. Causing the printing of official ballots and election returns by printing establishments
not on contract with COMELEC and printing establishments which undertakes
unauthorized printing
C. Refusing to issue the certificate of voters to the duly accredited watchers (committed
by a member of the BEI)
G. 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)
1. Election offenses shall prescribe after 5 years from the date of their commission
2. 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
A. RTC has exclusive original jurisdiction to try and decide any criminal action or
proceedings for violation of the Code.
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