Professional Documents
Culture Documents
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2.3 Convicted by final judgment for violating the oath of 2. If the candidate is not disqualified by final judgment
allegiance to the Republic before the election and receives the highest number of
votes in the election, the court or COMELEC will
2.4 Dual citizenship ( more specifically, dual allegiance) continue with the trial and hearing of the action,
inquiry or protest. Upon motion of the complainant or
2.5 Fugitives from justice in criminal or non-political intervenor, the court or COMELEC may order the
cases here or abroad suspension of the proclamation of the candidate
whenever the evidence of his guilt is strong.
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
Nuisance Candidates
2.7 Insane or feeble-minded
A. The term refers to candidates who have no bona fide
1. Nuisance candidate intention to run for the office for which the certificate of
2. Violation of sec 73 of OEC with regard to certificate of candidacy has been filed and would thus prevent a faithful
candidacy determination of the true will of the people.
3. Violation of sec 78 which is material misrepresentation
of reqts under sec. 74. B. Power of COMELEC
* Disqualifications (from continuing as a candidate or from
holding the office if already elected): 1. May refuse to give due course to or cancel a certificate
of candidacy of a nuisance candidate. This can be done
Any candidate, who in an action or protest in which he is a motu proprio or upon verified petition of an interested
party is declared by final decision of a competent court party.
guilty of, or is found by the Commission of having:
2.There should be a showing that:
1. Given money or other material consideration to
1. Certificate of candidacy has been filed to put the
influence, induce or corrupt the voters or public
election process in mockery/disrepute or
officials performing electoral functions.
2. To cause confusion among the voters by the similarity
2. Committed acts of terrorism to enhance his candidacy
of the names of the registered candidates
3. Spent in his election campaign an amount in excess of
3. Other circumstances which clearly demonstrate that
that allowed by the Omnibus Election Code )
the candidate has no bona fide intention to run for the
4. Solicited, received or made any contribution prohibited
office…
under this Code
Petition to deny due course to or to cancel a Certificate
5. Violated any of the following sections: Section 80, 83,
85,86,261 of Candidacy
6. Permanent resident of or an immigrant to a foreign
A. Exclusive ground: A material representation in the
country shall not be qualified to run for any elective
office UNLESS he/she has waived his/her status as a
certificate of candidacy is false.
permanent resident/immigrant of a foreign country in
B. The petition should be filed not later than 25 days from
accordance with the residence requirement provided
the filing of the certificate of candidacy.
for under election laws.
Effect of a Disqualification case (under RA 6646)
C. It should be decided not later than 15 days before the
1. Any candidate who has been declared by final judgment
election, after due notice and hearing.
to be disqualified shall NOT be voted for. The votes
cast in his favor shall not be counted. Election Campaign/Partisan Political Activity
Ø Definition
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1) It refers to an act designed to promote the election or Letters
defeat of a particular candidate/s to a public office
Posters (2’ x 3’) in common-private poster areas (
2) It includes: not more than 10 public places per political party or
independent candidate, 12’ 16’), private places and public
A. Forming organizations, associations, clubs, committees places
or other groups of persons for the purpose of soliciting
votes and/or undertaking any campaign for or against a Rally streamers (3’ x 8’) NOT MORE THAN 2
candidate.
Paid Advertisements at Discounted Rates
B. Holding political caucuses, conferences, meetings,
rallies, parades or other similar assemblies for the purpose Print : 1/4th page in broadsheet and ½ page in tabloid 3x a
of soliciting votes and/or undertaking any campaign or week
propaganda for or against a candidate.
Television: 120 minutes for candidate for nationally
C. Making speeches, announcements or commentaries or elective office and 60 for local
holding interviews for or against the election of any
Radio: 180 minutes for candidate for nationally elective
candidate for public office.
office and 90 for local
D. Publishing or distributing campaign literature or
COMELEC free space (3 national newspaper for nationally
materials designed to support or oppose the election of any
elective officials and 1 national newspaper for local) and
candidate.
airtime
E. Directly or indirectly soliciting votes, pledges or support
(3 national television networks for nationally elective
for or against a candidate.
officials and 1 station for local ) : equal allocation for all
3) When the acts enumerated above are NOT considered an candidates for 3 calendar days
election campaign/partisan political activity.
Authorized Expenses ( multiplied with the total number of
If the acts are performed for the purpose of enhancing the registered voters )
chances of aspirants for nomination for candidacy to a P 10 for president / vice president
P 3 for other candidates for every voter currently
public office by a political party, aggroupment, or coalition
registered in the constituency
of parties.
P 5 for independent candidates and political parties
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If the transfer of residence is due to any of the following C. Insane or incompetent persons as declared by
reasons, the person concerned will be deemed NOT to have competent authority.
lost his original residence: Jurisdiction in Inclusion/Exclusion cases
A. Transfer solely because of occupation, profession, A. The municipal and metropolitan trial courts shall have
employment in private or public service original and exclusive jurisdiction over all matters of
inclusion and exclusion of voters from the list in their
B. Educational activities respective municipalities or cities. Petition filed at any
time except 105 days before regular election or 75 days
C. Work in military or naval reservations
before special election
D. Service in the army, navy or air force, national police
B. Decisions may be appealed to the RTC within 5 days
force
from receipt of notice of decision.
E. Confinement/detention in government institutions in
C. RTC will decide the appeal within 10 days. Decision is
accordance with law.
final and executory.
RA 8189 – VOTER’S REGISTRATION ACT OF 1996
D. Note: Relate this to Article IX of the Constitution which
Q: Can there still be general registration of voters? provides that the COMELEC has no jurisdiction over
questions involving the right to vote.
A: No more, because 8189 (7) provides for such only for the
May ’98 elections E. Exclusion is through sworn petition and not later than
100 days before regular election; 65 days before special
Q: What kind of registration system do we have? election
A: Continuing, Computerized and Permanent Grounds when the List of Voters will be altered:
Deactivation/ Reactivation
Disqualifications
Exclusion/ Inclusion
A. If sentenced by final judgment to suffer imprisonment Cancellation of Registration in case of Death
for not less than 1 year and such disability was not New voters
removed by plenary pardon or has not been granted Annulment of Book of Voters
amnesty. However, any person disqualified to vote shall Transfer of Residence
automatically reacquire the right to vote upon expiration How is challenge to right to register effected?
of 5 years after service of sentence.
Who – any voter, candidate, political party representative
B. Any person who has been adjudged by final judgment by
competent court or tribunal of having committed any crime How – in writing, stating grnds, under oath, proof of notice
involving disloyalty to the duly constituted government of hearing
such as rebellion or any crime against national security:
Deactivation means removing the registration records of
1. UNLESS restored to his full civil and political rights in persons from the precinct book of voters and place the
accordance with law. same, properly marked and dated in indelible ink, in the
inactive file after entering the cause of deactivation.
2. However, he shall regain his right to vote automatically
upon expiration of 5 years after service of sentence. How is reactivation of registration effected ?
Cannot be done within 90 days before election B. Election was suspended before the hour fixed by law for
the closing of the voting
Postponement of Election
Causes
C. Elections results in a failure to elect (after the voting
Violence and during the preparation and transmission of the
Terrorism election returns or in the custody or canvass thereof)
Loss or destruction of election paraphernalia/records
Force majeure AND the failure or suspension of the election would affect
Other analogous causes the result of the election
Effect Remedy
It is impossible to hold a free, orderly and honest election COMELEC can call for the holding or continuation of the
in any political subdivision election not held, suspended, or which resulted in a failure
to elect. The election should be held not later than 30
COMELEC can postpone the election (when decided by a
days after the cessation of the cause of the postponement
majority vote of the COMELEC sitting en banc, RA 7166):
or suspension of the election or failure to elect. This is
A. Motu proprio
decided by the COMELEC, by a majority vote of its
members, sitting en banc.
B. Upon a verified petition by any interested party, after
due notice and hearing
RA 7941 – Party-List System Act
Date of new election Seeks to promote proportional representation
Any party already registered need not register anew.
The date of the postponed election should be reasonably File manifestation not later than 90 days before
close to the date of the election not held, suspended, or election.
which resulted in a failure to elect. It should not be later Grounds for refusing or canceling registration of Party-Lists groups
than 30 days after the cessation of the cause for such 1. Religious sect or denomination, organization
postponement or suspension of the election or failure to 2. Advocates violence
elect. 3. Foreign party or organization
4. Receives foreign support
Failure of Election 5. Violates election law
Causes 6. Untruthful statements in its petition
Force majeure 7. Ceased to exist for at least one year
Violence 8. Failed to participate in the last two preceding elections
Terrorism or fails to obtain at least 2% of the votes cast under the
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party-list system in the 2 preceding elections for the of canvassers which may be raised by any candidate or
constituency in which it has registered by any registered political party or coalition of political
parties before the board or directly with the COMELEC.
Nomination of party-list reps should not include any 1. It would also refer to any matter raised under Sections
candidate for any elective office or a person who has lost 233, 234, 235, and 236 of the Omnibus Election Code in
his bid for an elective office in the immediately preceding relation to the preparation, transmission, receipt,
election custody, and appreciation of the election
returns. (Board of canvassers have original jurisdiction
Incumbent sectoral representatives in the House of while COMELEC have appellate jurisdiction)
Representatives who are nominated in the party-list system 1. When election returns are delayed, lost or
shall not be considered resigned destroyed (Sec.233)
2. Material defects in the election returns (Sec.
Party List Reps constitute 20% of the total number of the 234)
members of the House of Reps including those under the 3. When election returns appear to be tampered
party-list with or falsified. (Sec. 235)
4. Discrepancies in election returns (Sec. 236)
How do we determine the number of party list seats in
the House of Reps? C. Those that can be filed with COMELEC directly are the
ff:
(# of District Reps / 0.80) x 0.20 = # of party list reps
Issue involves the illegal composition or proceedings of
There are presently 208 legislative districts, according the board of canvassers, as when a majority or all of
to the Veterans Federation Case the members do not hold legal appointments or are in
The 5 major political parties are now entitled to fact usurpers
participate in the party list system Issue involves the correction of manifest errors in the
Parties receiving at least 2% of the total votes cast for tabulation or tallying of the results during the
the party-list system shall be entitled to one seat each canvassing
No party shall be entitled to more than 3 seats
Currently, there are 260 seats. So 20 % of 260 is 52 Recount
seats. But this is only a ceiling.
A list with 5 names should be submitted to COMELEC as There can be a recount under the grounds of 234-236. The
to who will represent the party in the Congress. returns involved will affect the results and the integrity of
Ranking in the list submitted determines who shall the ballot box has been preserved
represent party or organization.
Issues that may be raised in a pre-proclamation controversy
Rules for Appreciation of Ballots
1. Illegal composition or proceedings of the board of
Liberal Construction in favor of the validity of the canvassers
ballot 2. The canvassed election returns are incomplete, contain
Look at the ticket slate, consider locality or literacy material defects, appear to be tampered with or
rate falsified, or contain discrepancies in the same returns
Rule 211 of the OEC or in authentic copies thereof.
Incumbency / Surname 3. The election returns were prepared under duress,
Cannot ascertain – STRAY VOTE threats, coercion, or intimidation, or they are obviously
Pre-Proclamation Controversies manufactured, or not authentic.
Definition 4. When substitute or fraudulent returns in controverted
polling places were canvassed, the results of which
1. A pre-proclamation controversy refers to any question
pertaining to or affecting the proceedings of the board
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materially affected the standing of the aggrieved When pre-proclamation cases are deemed TERMINATED
candidate/s. (RA 7166)
Procedure
1. All pre-proclamation cases pending before the COMELEC
A. Contested composition or proceedings of the board shall be deemed terminated at the beginning of the
(under RA 7166) term of the office involved and the rulings of the
boards of canvassers concerned deemed affirmed.
It may be initiated in the board or directly with COMELEC.
B. This is without prejudice to the filing of a regular
B. Contested election returns (under RA 7166) election protest by the aggrieved party.
Matters relating to the preparation, transmission, receipt, C. HOWEVER: Proceedings MAY CONTINUE if:
custody and appreciation of the election returns, and
certificate of canvass, should be brought in the first 1. The COMELEC determines that the petition is
instance before the board of canvassers only. meritorious and issues an order for the proceedings to
continue or
Summary nature of pre-proclamation controversy 2. The Supreme Court issues an order for the proceedings
1. Pre-proclamation controversies shall be heard to continue in a petition for certiorari.
summarily by the COMELEC. Election Contest
2. Its decision shall be executory after the lapse of 5 days Original Jurisdiction
from receipt by the losing party of the decision, unless
restrained by the SC. COMELEC has ORIGINAL jurisdiction over contests relating
Effect of filing petition to annul or suspend proclamation to the elections, returns, qualifications of all elective:
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Final COMELEC Decisions
1.Give, offer or promise money or anything of value
A. This only applies to questions of FACT. ( Flores v. 3.Soliciting or receiving, directly or indirectly, any
COMELEC, 184 SCRA 484)
expenditure or promise of any office or employment, public
or private
B. It does NOT preclude a special civil action of
certiorari. (Galido v. COMELEC, Jan. 18,1991)
B. Purpose of acts
Distinctions between Pre-Proclamation Controversy and Election
Contest 1. To induce anyone or the public in general to vote for or
against any candidate or withhold his vote in the election
1) Dividing line: Proclamation of a candidate or
3) In some cases, even if the case (involving municipal Proof that at least one voter in different precincts
officials) began with the COMELEC before proclamation but representing at least 20% of the total precincts in any
a proclamation is made before the controversy is resolved, municipality, city or province has been offered, promised
it ceases to be a pre-proclamation controversy and or given money, valuable consideration or other
becomes an election contest cognizable by the RTC. expenditure by a candidate relatives, leaders and/or
sympathizsrs for the purpose of promoting the election of
4) However, in some cases, the SC has recognized the such candidate.
jurisdiction of COMELEC over municipal cases even after
proclamation. Relate to the provision in RA 7166 allowing 3. Disputable presumption of involvement
pre-proclamation controversy proceedings to continue even
after a proclamation has been made. Proof affects at least 20% of the precincts of the
municipality, city or province to which the public office
Election Offenses ( Selected Offenses) aspired for by the favored candidate relates. This will
Vote buying and vote-selling constitute a disputable presumption of the involvement of
A. Covered acts
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such candidate and of his principal campaign managers in 1. Upon prior authority of COMELEC if it is satisfied that
each of the municipalities concerned in the conspiracy the position to be filled is essential to the proper
functioning of the office/agency concerned AND that
Coercion of a subordinate the position is not filled in a manner that may influence
A. Who can be held liable the election
2. In case of urgent need, a new employee may be
1. public officer appointed. Notice of appointment should be given to
COMELEC within 3 days from appointment.
2. officer of a public/private corporation/association Prohibition against release, disbursement or expenditure of public
funds
3. heads/superior/administrator of any religious org.
A. Who can be held liable: Any public official or employee
including barangay officials and those of
4. employer/landowner
GOCCs/subsidiaries
B. Prohibited acts B. Prohibited acts:
1. Coercing, intimidating or compelling or influencing, in
any manner, any subordinates, members, parishioners The release, disbursement or expenditure of public funds
or employees or house helpers, tenants, overseers, for any and other kinds of public works
farm helpers, tillers or lease holders to aid, campaign
or vote for or against a candidate or aspirant for the C. Period when acts are prohibited:
nomination or selection of candidates.
1. 45 days before a regular election
2. Dismissing or threatening to dismiss, punishing or
threatening to punish by reducing salary, wage or
2. 30 days before a special election
compensation or by demotion, transfer, suspension etc.
Appointment of new employees, creation of new D. Exception
position, promotion or giving salary increases: 1. maintenance of existing/completed public works
A. Who can be held liable: Any head/official/appointing project.
officer of a government office, agency or instrumentality, 2. work undertaken by contract through public bidding, or
whether national or local, including GOCCs. by negotiated contract awarded before the 45 day
B. Prohibited acts period before election
3. payment for the usual cooperation for working
1.Appointing or hiring a new employee (provisional, drawings, specfications and other procedures
temporary or casual) preparatory to actual construction including the
purchase of material and equipment and incidental
2.Creating or filling any new position expenses for wages.
4. Emergency work necessitated by the occurrence of a
3.Promoting/giving an increase in salary, remuneration public calamity but such work shall be limited to the
or privilege to any government official or employee. restoration of the damaged facility.
5. Ongoing public work projects commenced before the
C. Period when acts are prohibited campaign period or similar projects under foreign
agreements.
1. 45 days before a regular election
Suspension of elective, provincial, city, municipal or barangay officer
2. 30 days before a special election A. General rule: public official CANNOT suspend any of
the officers enumerated above during the election period.
D. Exceptions B. Exceptions
1. With prior approval of COMELEC
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2. Suspension is for the purpose of applying the Anti-Graft 1. RTC has exclusive original jurisdiction to try and decide
and Corrupt Practices Act any criminal action or proceedings for violation of the
In relation to registration of voters/voting Code.
Unjustifiable refusal to register and vote 2. MTC/MCTC have jurisdiction over offenses relating to
Voting more than once in the same election/voting failure to register or vote.
when not a registered voter
Voting in substitution for another with or without the
latters’ knowledge and/or consent etc.
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