ELECTION LAW MIDTERMS POINTERS
Atty Ferdinand Gujilde | January 2017
Appointment of new employees, creation of new
positions, promotion or giving salary increases
Appointment is allowed, provided there is prior authority from
the COMELEC, but when you talk about promotion or giving
salary increases, the prohibition is absolute.
Ong v Martinez
The prohibition of appointment of new employees is limited to
those only covered by the Civil Service Law. If you are a
Councilor who died, then you are going to be replaced by
appointment ― this situation is allowed because it is not covered
by the Civil Service Law but by Local Govt Code.
Don’t memorize the prohibitive periods because if there is a
situation, I will just put “within the prohibitive period”
Transfer of officers and employees on the Civil Service
All you need to do is secure permission from the Commission.
People v Reyes
During the prohibited period, there was already a violation but
the COMELEC was not yet able to promulgate the Resolution. In
which case, the SC said there is no violation yet if there was no
Resolution even if it was already provided for under the law
because that law can only be implemented if there is already a
corresponding IRR, or in this case, a COMELEC Resolution.
Carrying firearms outside residence of place of business
Take note, if you have permit to carry firearms, automatically,
at the onset of election pd, that is revoked. You have to apply
for excemption.
Prohibition against release, disbursement or
expenditure of public funds
Gallardo v COMELEC
The RTC judge has no business in so far as implementation of
election laws are concerned
Corporation Code
Corporations cannot make donations for election purposes, have
to stay neutral during elections
Bagumbayan-VNP Movement v COMELEC
Voter receipt cannot be taken out of the polling place so it will
not be used as a merchandise for vote buying. It is election
paraphernalia, it belongs to the COMELEC and not to the voter.
Liquor ban
Ban is automatic except those estalishments catering to foreign
tourists and the exemption is only for tourists, not for Filipinos.
If you are a Filipino, you can still drink provided it is in a private
place. Reason there is, you have to keep your sanity when you
decide for the future of our country.
Penalties for election offenses
GR: 1-6yrs imprisonment without benefit of probation.
XPNS:
 violation of ______ law that’s 8 days and ___
 electoral sabotage – lifetime imprisonment
Prosecution of vote-buying; vote-selling
Kanang submission of just pictures are evidence, that’s not
enough. It will just be dismissed by the COMELEC because it’s
so easy to fabricate. You must show that’s it ‘changed hands’ –
there was a person who bought, someone who sold and who
these people are, when and where
Election offenses
GR: Mala prohibita (no defense of good faith)
XPN: Mala in se in
 Lying, stealing, cheating
But exceptional case: Canvassing and there was discrepancy in
the totaling of votes, defendant said, ‘I did not mean it, we were
just tired’ but the SC said that the magnitude of the discrepancy
(5000 votes) negates good faith. You can’t just say you were
tired.
Campaign period
In automated elections – we set the time period for filing of
candidacy earlier than usual. Usually, when you file COC, you
are already a candidate. You cannot campaign because you are
already a candidate. But because we set the filing earlier that
usual, the SC said: today, the moment you filed candidacy, you
are not yet a candidate. You are only candidate for purposes of
ballot printing. In which case, after filing the COC, your actions
cannot be deemed premature campaigning yet, it is still
“freedom of expression”.
That is why campaign materials proliferate prior to campaign
period and COMELEC cannot do anything about it yet. No
jurisdiction yet prior to campaign period.
But this ruling does not apply in manual elections where we do
not set the date earlier than usual like barangay election. The
moment you file COC, you become a candidate for all intents
and purposes
Election propaganda
Adiong v COMELEC
Car with stickers. COMELEC said it is not allowed. SC said a
private car is subject to ownership rights and freedom of
expression of owner.
Diocese of Bacolod v COMELEC
“Size matters”. If you place campaign materials in your private
property, size limitations do not apply.
1-UTAK V COMELEC
In public terminals like jeepney terminals, the size limitation
does not apply. You cannot curtail freedom of expression.
But COMELEC, despite this ruling, promulgated that private or
public, size limitation applies, and no one questioned. That is
why that regulation pushed through.
What COMELEC does is it does not immediately remove violating
posters. It goes through due process by sending the candidate
a notice to remove the material within a period of time, and if
not complied with – it then gives rise to the presumption that
the candidate caused the posting of those materials.
GMA v COMELEC
The right to reply.
GMA demands from the newspaper to give her the same
prominence to clear her name, thus an interefence in the
discretion of the media – on the freedom of press.
SC said, the right to reply in election period is reasonable.
But again, I still would like to say that right to reply is toothless
because if the newspaper refuses to give same prominence, all
they need to do is explain why. No further procedure. They can
just say, it’s not news-worthy today.
News and opinions regarding candidates
Columnists can voice out, freedom of expression. But not when
he himself is a candidate because of the advantage of being in
the media because remember, these restrictions are intended to
equalize opportunities.
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Columnists cannot however write about candidates if they are
secretly paid. Secretly paid. How do you prove that? It is a
matter of conscience na lang.
Surveys
They can be published. They have formed some kind of special
form of freedom of expression. The problem is that it creates a
bandwagon effect, but that is the price we have to pay for living
in a democratic country.
News
Featuring a candidate in the news does not necessarily result to
bias. There will be news that will involve a candidate
incidentally, you can still report those. As long as valid news
source.
Effect of filing
Elective position – not resigned
Apppointive position in the govt– automatic resignation
Appointive position in private – no effect
Petition to Deny due course of COC
GR: (Like in a situation where you have all qualfications but
along the way, commited an election offense) Second placer
cannot be proclaimed because he is not the choice of the people
XPN: If you lack a qualification with respect to CARRL. It means
you are not a candidate to begin with. If you ran and obtain
because in the first place, you are not allowed to participate in
the race.
Second placer rule
When the winner is a non-candidate to begin with, you are not
supposed to be in the list so the votes for you will be strayed.
So the second placer there is actually the first placer.
Makiling Case
Note from Atty: Read Makiling case (?) not in syllabus
If the winner dies after the election, can he be proclaimed? SC
said you need to proclaim for the purpose of the succession. You
cannot proclaim the second placer because second placer is still
not the choice of the people
The same way with substitutuion.
Richard Gomez, Lucy Torres case. Richard Gomez falsified
residence, thus he was not a candidate to begin with. Lucy
replaced him. SC said, you cannot replace a null candidate. In
which case, Lucy was asked to vacate a month before the end
of term.
Withdrawal of COC
A candidate who withdraws COC, may file for another COC.
Before, COMELEC made that resolution that said, once you
withdraw, you cannot be a candidate for any other position. In
2016, COMELEC retracted the previous rule and said that it was
made without legal basis.
Nuisance candidate
The first premise, what if I am qualified – what gives COMELEC
the authority to say that I am disqualified?
The answer is the power of the COMELEC to screen candidates
because if it cannot qualify nuisance candidates, the ballot
becomes very lengthy. So to prevent logistical nightmare, the
COMELEC is empowered to classifty nuisance.
Who are nuisance? One who confuses the voters in similarity of
surnames, lack of bona fide intention, or lack of capacity to
mount a national campaign. Bottomline, it is like the COMELEC
saying, reality check… there is no way in the world to win the
elections.
Lone Candidate Law
Only applies to special elections. Because in regular elections, if
you are uncontested, you should still be voted for and you would
still need at least one vote because the winner will still be the
one to obtain the highest number of votes. So if wa kay kontra,
you will be the highest since the other is zero. If no one votes
for you, you cannot be proclaimed.
Board of Election Officers
Public School teachers, priority. But they cannot be compelled
anymore. Second line – private school teachers or appointees of
National govt.
Can we appoint the military? No.
There is now a specific provision for that.
Can we appoint PNP? Yes.
Provided, it is the last resort.
Ballot appreciation
Prepare for 10 pts question on this
Remember that in ballot appreciation it can be either way. If you
are the BOC, you have discetion to decide if a ballot is marked
or stray, depending on how you defend the appreciation.
Laodenio v COMELEC
Acquiesence rule: You objected, yet you participated.
Power of COMELEC over BOC
Direct supervision and control, you can’’t annul proclamations,
the courts cannot restrain.. bla bla bla
Ga yawyaw ra si Sir.
Pre-proclamation Controversy
Sometimes, they say you cannot look beyond the election
returns, you cannot pierce the viel of election returns.
The main point is that if you’re contrained, just step out of the
________. That is pre-proclamation controversy.
Manifest Error
Not only limited to that particular document. It can also be in
reference to another document that is readily availale.
But if you say there is a document yet to be located, that is pre-
proclamation controversy.
Manifest error is still in the nature of pre-election controversy
but that is an exception to the prohibition.
If you have a pre-proclamation controversy, like if you raise a
manifest error or illegal proceedings, the moment you file an
election protest, it abandons the pre-proclamation controversy.
EXCEPT when the protest is in the nature of ad cautelam
meaning, ‘as a precautionary measure’. This is your remedy if
you don’t want to abandon your pre-proclamation controversy.
Annulment of proclamation
The COMELEC has direct supervision over the BOC, in which
case, it can annul the proclamation. When? If the proclamation
is not valid. Not valid if it is based on erroneous computation.
Legend: Not clear in recording
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