Election Laws Reviewer (2020)

ELECTION LAWS REVIEW
4TH Year Manresa Review Class

Based on the Lectures of Atty. Jocelyn Valencia
2020 BAR Examination Coverage for Election Laws
A. Suffrage
1. Qualification and disqualification of

voters
1
“Trust in the Lord with all thine heart; and lean not unto thine own understanding. In all thy ways acknowledge him, and
He shall direct thy paths.” – Proverbs 3:5-6 KJV
©Den
2. Registration and deactivation of voters

3. Inclusion and exclusion proceedings
4. Local and overseas absentee voting
5. Detainee voting
B. Political parties
1. Jurisdiction of the Commission on

Elections over political parties
2. Registration of political parties
C. Candidacy
1. Qualifications and disqualifications of

candidates
2. Filing of certificates of candidacy
a. Effect of filing
b. Substitution and withdrawal
of candidates
c.Nuisance candidates
d. Effect of disqualification
D. Campaign
1. Premature campaigning
2. 2. Prohibited contributions
3. Lawful and prohibited election
propaganda
4. Limitations on expenses
5. Statement of contributions and
expenses
E. Board of Election Inspectors and Board of

Canvassers.
1. Composition
2. Powers
F. Remedies
1. Petition to deny due course to or cancel

certificate of candidacy BATAS PAMBANSA BLG. 881 OR THE OMNIBUS
ELECTION CODE OF THE PHILIPPINES (OEC)
2. Petition for disqualification
3. Failure of election; call for special election
4. Pre-proclamation controversy Batas Pambansa Blg. 881 otherwise known as the OEC of the
5. Election protest Philippines which was enacted into law on December 3, 1985 and
6. Quo warranto took effect upon its approval (OEC, Section 283), is the basic
statutory election law of the Philippines. It codified all previous
election laws which repealed PD 1296 otherwise known as the
“Election Code of 1978, as amended (OEC 282).
BP Blg. 881 has undergone several amendments under the 1987

Constitution and among the most significant amendatory laws
include –
RA 6646 The Electoral Reform Law of 1987.
2
©Den
(January 5, 1988) Specifically Section 2 thereof and in subsequent National and Local
reenacted the OEC, when it provided Electoral Exercises. (Sec. 11 thereof
that the “first local elections under the impliedly repealed Sec. 67 of BP 881
new Constitution and all subsequent being inconsistent with Sec. 11, which
elections and plebiscites shall be provides that elective officials running
governed by this Act and by the for any office other than the one
provisions of the BP 881, otherwise he/she is holding in a permanent
known as the OEC of the Philippines, capacity, except for Pres. And VP,
and other election laws not shall be deemed resigned only upon
inconsistent with this Act. the start of the campaign period
corresponding to the position for
RA 6735 (August which he/she is running)
4, 1989) An Act Providing for a System of
Initiative and Referendum and
Appropriating Funds Therefore RA 8524 An Act Changing the Term of Office
(February 14, of Barangay Officials and Members of
1998), the SK from 3 years to 5 years
RA 7160 The Local Government Code of 1991 amending Sec. 43 of RA 7160, Local
(October 10, Provisions relating to the Government Code of 7160.
1991) Qualifications and Election of Local
Elective Offices, the Recall of Local
Elective Officials, and Local Initiative RA 9006 Political Advertising Ban and Fair
and Referendum (Sections 39-43, 69- (February 12, Election Practices Act. (Sec. 14
75, 120-127); 2001), expressly repealed Sec. 67 & 85
(Political Ad Ban has been lifted), Sec.
RA 7166 An Act Providing for Synchronized 10 & 11 of RA 6646 and rendered
(November 26, National and Local Election and for ineffective the provision of Sec. 11 of
1991) Electoral Reforms RA 8436 insofar as the applicability of
Sec. 11 on the matter is concerned.)
RA 7166 An Act Providing for Synchronized

(November 26, National and Local Election and for RA 9164 (March An Act Providing for Synchronized
1991) Electoral Reforms 19, 2002) Barangay and SK Elections,
Amending RA 7160, As Amended.
RA 7941 (March An Act Providing for the Election of

3, 1995) Party-List Representatives through RA 9189 An Act Providing For a System of
the Party-List System and (February 13, Overseas Absentee Voting By
Appropriating Funds Therfor 2003) Qualified Citizens of the Philippines
Abroad
RA 8171 An Providing for the Repatriation of

(October 23, Filipino Women Who Have Lost Their RA 9225 (August An Act Making the citizenship of
1995), Philippine Citizenship by Marriage to 29, 2003) Philippine Citizens who Acquire
Aliens and of Natural-Born Natural Foreign Citizenship Permanent,
Born Filipinos Amending For the Purpose
Commonwealth Act No. 63, As
Amended
RA 8189 (June An Act Providing for a General
11, 1996) Registration of Voters, Adopting a RA 9244 An Act Eliminating the Preparatory
System of Continuing Registration (February 19, Recall Assembly as a Mode of
Prescribing the Procedures Thereof 2004), Instituting Recall of Elective
and Authorizing the Appropriation of Government Officials RA 9369 An
Funds therefore Act which amended Republic Act
8436, entitled “an Act authorizing the
Commission on Elections to Use an
RA 8295 (June 6, An Act Providing for the automated Election System in the May
1997) Proclamation of a Lone Candidate for 11, 1998 National and Local elections
any Elective Office in a special and in Subsequent National and Local
Election, and for Other Purposes electoral Exercises, to Encourage
RA 8436 (December 22, 1997) Transparency, Credibility, Fairness
An Act Authorizing the Comelec to and Accuracy of Elections, Amending
Use An Automated System in the May for the Purpose BP Blg. 881, as
11, 1998 National and Local Elections Amended, Republic Act 7166 and
3
©Den
other related laws. RA 9525 an Act

Appropriating the Sum of
(Php11,301,790,000.000 As
Supplemental budget for an AES and
for other purposes
Q: What is the basis why we have elections?
MEMORIZE!
ARTICLE II
DECLARATION OF PRINCIPLES AND STATE
POLICIES PRINCIPLES
Section 1. The Philippines is a democratic and republican

State. Sovereignty resides in the people and all government
authority emanates from them.
Q: Ano itong democratic and republican government? From

where does it derive its power?
A republic and democratic government derives all its power

directly and indirectly from the people/sovereignty who represents
the sovereign power of the state. We are the sovereign power of
the state.
Naval vs. Commission on Elections, 729 SCRA 299, G.R.

No. 207851 July 8, 2014
The SC explained here what is the character of a republican

state in connection with public office.
Held:
Constitutional Law; Republicanism; The essence of

republicanism is representation and renovation, the
selection by the citizenry of a corps of public functionaries
who derive their mandate from the people and act on their
behalf, serving for a limited period only, after which they
are replaced or retained, at the option of their principal.—
Then Associate Justice Reynato S. Puno explained the
character of a republican state and a public office, viz.: A
republic is a representative government, a government run by
and for the people. It is not a pure democracy where the people
govern themselves directly. The essence of republicanism is
representation and renovation, the selection by the citizenry
of a corps of public functionaries who derive their mandate
from the people and act on their behalf, serving for a
limited period only, after which they are replaced or retained,
at the option of their principal. Obviously, a republican
government is a responsible government whose officials hold
4
©Den
and discharge their position as a public trust and shall, Phil. 945, it has been recognized that “[t]he right to vote is not
according to the Constitution, ‘at all times be accountable to the a natural right but is a right created by law. Suffrage is a
people’ they are sworn to serve. The purpose of a republican privilege granted by the State to such persons or classes as are
government it is almost needless to state, is the promotion of most likely to exercise it for the public good. In the early stages
the common welfare according to the will of the people of the evolution of the representative system of government,
themselves the exercise of the right of suffrage was limited to a small
portion of the inhabitants. But with the spread of democratic
ideas, the enjoyment of the franchise in the modern states has
Discussion: come to embrace the mass of the audit classes of persons are
excluded from the franchise.”
Itong case ni Naval has reference in connection to the 3-term limit
rule on reapportionment of legislative districts.
Suffrage is likewise referred to as a POLITICAL FRANCHISE.
So we know that associated with the democratic process is the
exercise of SUFFRAGE. Q: Ano itong political franchise?
SUFFRAGE – is a privilege granted by the state to such It is also referred to as SUFFRAGE. Suffrage din yan.
persons or classes of persons as are most likely to exercise it
for the common good. As to its APPLICABILITY, it applies not only to elections.
Elections include:
Kabataan Party-list vs. Commission on Elections, 777 1) Initiative;

SCRA 574, G.R. No. 221318 December 16, 2015 2) Referendum;
3) Plebiscite; and
The right to vote is not a natural right, but is a right created by 4) Recall
law. The right is reserved only to those who are most likely to
exercise it for the common good. Suffrage is not a necessary Marmeto vs. Commission on Elections (COMELEC), 840
accompaniment of citizenship. SCRA 581, G.R. No. 213953 September 26, 2017
Q: Why? Connect this with Carlos v. Angeles1.
Because it is only granted to an individual upon the fulfillment Held:

of certain minimum conditions that are deemed essential for the
welfare of society. Under Article 5, Section 1, “Those that are The term "election" is comprehensive enough to include other
not otherwise disqualified by law.” He must have the kinds of electoral exercises, including initiative elections. It
qualifications and none of the disqualifications. Therefore, it is includes the right of the voter to verify whether the vote-
not an absolute right. The right is not absolute as it is counting machines properly recorded their vote. Suffrage is
subject to existing substantive and procedural requirements not only a statutory right; it is one that enables the
provided by the Constitution, statutes and valid laws and individual participation in governance as sovereign.
regulations such as qualifications, and the requirement of
registration. FT:
But it is classified as a political right. It is a political right and Same; Election; Words and Phrases; The term “election” is
also a duty of every citizen, enabling themselves to participate comprehensive enough to include other kinds of electoral
in the process of government to assure that whoever is elected exercises, including initiative elections.—Although Goh v.
or whatever measure is passed, is derived solely from the Bayron, 742 SCRA 303 (2014), involved the conduct of recall
consent of the governed, which is us. elections, the 1.4 billion appropriation under the FY 2014 GAA
was for the “conduct and supervision of elections, referenda,
Q: What is the nature of suffrage? recall votes and plebiscites.” The term “election” is
comprehensive enough to include other kinds of electoral
It is a duty in the nature of a public trust. A voter is considered exercises, including initiative elections. As earlier mentioned,
a representative of the people. The duty requires a privilege the COMELEC’s constitutional mandate is to enforce and
bestowed upon us  For example: If you vote, you do not administer all laws relative to the conduct of an election,
only consider yourself. You have to think that you are the plebiscite, initiative, referendum, and recall. The Constitution
representative of the whole people. You do not vote for your further states that the “[f]unds certified by the [COMELEC] as
benefit but for the general welfare and the common good of the
1
people. The elections do not only include the actual casting of votes, but it covers
the entire electoral process from:
FT:
1.) Registration
2.) Pre-election proper and
Election Law; Right of Suffrage; Suffrage is a privilege
3.) Post-election.
granted by the State to such persons or classes as are most
likely to exercise it for the public good.—As early as the It covers the 3 phases of the electoral process.
1936 case of The People of the Philippine Islands v. Corral, 62
5
©Den
necessary to defray the expenses for holding regular and special recorded by the vote-counting machines.
elections, plebiscites, initiatives, referenda, and recalls, shall be
provided in the regular or special appropriations and, once Same; Same; Voter-Verified Paper Audit Trail; A “voter-
approved shall be released automatically.” Thus, the budgetary verified paper audit trail (VVPAT)” requires the following:
allocation for the “regulation of elections” identified as the (a) individual voters can verify whether the machines have
COMELEC’s MFO 1 should necessarily also cover expenses been able to count their votes; and (b) that the verification
for the conduct of initiative elections. at minimum should be paper based.—The minimum
functional capabilities enumerated under Section 6 of Republic
Act No. 8436, as amended, are mandatory. These functions
Bagumbayan-VNP Movement, Inc. vs. Commission on constitute the most basic safeguards to ensure the transparency,
Elections, 787 SCRA 1, G.R. No. 222731 March 8, 2016 credibility, fairness and accuracy of the upcoming elections.
The law is clear. A “voter-verified paper audit trail” requires
Diba may feature yung PCOS (Precinct Counting Optic the following: (a) individual voters can verify whether the
Scan) machines. Ang term nya ngayon is VCM (Voting machines have been able to count their votes; and (b) that the
Counting Machine). verification at minimum should be paper based. There appears
to be no room for further interpretation of a “voter-verified
May feature dito sa VCM that they call the Voter Verified paper audit trail.” The paper audit trail cannot be considered the
Paper Audit Trail (VVPAT). physical ballot, because there may be instances where the
machine may translate the ballot differently, or the voter
Q: What is its function? inadvertently spoils his or her ballot.
Ang function niya is a form of a printed receipt. Pagkatapos Same; Same; Same; There is no legal prohibition for the
mong mag boto, pwede kang hingi ng iyong binoto. Magpi- Commission on Elections (COMELEC) to require that after
print out cya ng receipt. And a touchscreen reflecting the votes the voter reads and verifies the receipt, he or she is to leave
in the voting-counting machine, para makita mo kung tama ba it in a separate box, not take it out of the precinct.—We see
yung na print-out sa binoto mo. no reason why voters should be denied the opportunity to read
the voter’s receipt after casting his or her ballot. There is no
Earlier the COMELEC said na di nila to gagamitin na feature legal prohibition for the Commission on Elections to require
because it will cost time. There will be a 5-7-minute time spent that after the voter reads and verifies the receipt, he or she is to
for each voter to be able to print. Yung yung issue where the leave it in a separate box, not take it out of the precinct.
case was brought to the SC, wherein Bagumbayan questioned it Definitely, the availability of all the voters’ receipts will make
if pwede bay an gawin ng COMELEC? random manual audits more accurate. The credibility of the
results of any election depends, to a large extent, on the
Issue: confidence of each voter that his or her individual choices have
actually been counted. It is in that local precinct after the voter
W/N COMELEC abused its discretion in coming up with a casts his or her ballot that this confidence starts. It is there
resolution not to use that VVPAT feature of the PCOS where it will be possible for the voter to believe that his or her
machine. participation as sovereign truly counts.
Held:
1987 Constitution - Article V
While it may be true that it will take 5-7 minutes of the voting
time and sabi ng COMELEC na it can be used daw for vote- Section 1. Suffrage may be exercised by all citizens of the
buying, the SC said that a voter has a right to verify. They Philippines, not otherwise disqualified by law, who are at
cannot do away with VVPAT because it is accompanied with least eighteen years of age, and who shall have resided in
the exercise of the right of suffrage. the Philippines for at least one year and in the place
wherein they propose to vote, for at least six months
The COMELEC here was held to gravely abused its immediately preceding the election. No literacy, property,
discretion in not using this VVPAT feature of the VCM or or other substantive requirement shall be imposed on the
PCOS machine. exercise of suffrage.
FT:
The laws governing election in covered by:
Same; Same; A mechanism that allows the voter to verify
his or her choice of candidates will ensure a free, orderly, 1.) The Constitution;
honest, peaceful, credible, and informed election.—By 2.) B.P. Blg. 81; and
setting the minimum system capabilities of our automated 3.) The Local Government Code
election system, the law intends to achieve the purposes set out
in this declaration. A mechanism that allows the voter to verify Q: Who may exercise the right of suffrage?
his or her choice of candidates will ensure a free, orderly,
honest, peaceful, credible, and informed election. The voter is Article 5, Section 1 provides that suffrage may be exercised by:
not left to wonder if the machine correctly appreciated his or
her ballot. The voter must know that his or her sovereign will, o All citizens of the Philippines;
with respect to the national and local leadership, was properly o Not otherwise disqualified by law;
6
©Den
o Who are at least eighteen years of age; and

o Who shall have resided:
We said that registration is extended to domestic and overseas
 In the Philippines for at least one year and voters.
 In the place wherein they propose to vote,
RA 8189
for at least six months immediately
preceding the election. AN ACT PROVIDING FOR A GENERAL
REGISTRATION OF VOTERS, ADOPTING A SYSTEM
o No literacy, property, or other substantive requirement OF CONTINUING REGISTRATION, PRESCRIBING
shall be imposed on the exercise of suffrage. THE PROCEDURES THEREOF AND AUTHORIZING
THE APPROPRIATION OF FUNDS THEREFOR
In dissecting the current parameters of this provision, the SC held
that one must meet the following qualifications in order to exercise Date effective: June 11, 1996
the right of suffrage:
This act primarily governs the PROCESS OF
o The applicant must be a Filipino citizen; REGISTRATION.
o Must not be disqualified by law;
o Must have resided in the Philippines for at least 1 year a. Registration refers to the act of accomplishing and
and in the place wherein he proposes to vote for at least filing of a sworn application for registration by a
qualified voter before the election officer of the city
6 months. Q: When? Immediately preceding the
or municipality wherein he resides and including the
election. same in the book of registered voters upon approval
by the Election Registration Board.
Tan vs. Crisologo, 844 SCRA 365, G.R. No. 193993
November 8, 2017 Q: What is the purpose of registration?
Held: The purpose is a means of determining who possess the
qualification as a voter and fur purposes of regulating the
Only Filipino citizens are qualified to vote and may be included exercise of the right of suffrage.
in the permanent list of voters. Therefore, to be registered as a
voter in the list of voters in the Philippines, the registrant must TAKE NOTE: Registration does not confer the right to vote,
be a citizen at the time he/she filed the application. This had but it is a condition precedent to the exercise of the right. 
reference to RA 9225 (The Reacquisition Act). The SC held Even if you possess the qualification and none of the
that it does not have a retroactive effect. What happened here is disqualification to be able to apply for registration, but you are
that, the applicant for registration, as a voter, was filed prior to not a registered voter, you can’t still exercise your right of
the taking of the oath of allegiance to the Republic of the suffrage.
Philippines.
Q: What is the purpose of the enactment of the GENERAL
So di pa cya nagtake ng oath, nagapply na cya for registration. VOTER’S REGISTRATION ACT?
Sabi ng SC that he is not yet a Filipino citizen. So dapat yung
application for registration was after his taking the oath of Sec. 2. Declaration of Policy. - It is the policy of the State to
allegiance to the Republic of the Philippines. systematize the present method of registration in order to
establish a clean, complete, permanent and updated list of
FT: voters.
Same; Right after a Filipino renounces allegiance to our
country, he or she is to be considered a foreigner.—While To complement, RA 8189 in the light of the advances of modern
the facts and issue in the case at bar do not involve the same
technology, RA 10367 was passed.
matters discussed in Maquiling v. Commission on Elections,
696 SCRA 420 (2013), and in Arnado v. Commission on
Republic Act No. 10367
Elections, 767 SCRA 168 (2015), the Court’s position on
Approved: 15 February 2013
renunciation and its effect lead us to conclude that once
AN ACT PROVIDING FOR MANDATORY
Philippine citizenship is renounced because of naturalization in
BIOMETRICS VOTER REGISTRATION
a foreign country, we cannot consider one a Filipino citizen
unless and until his or her allegiance to the Republic of the
This is otherwise known as the biometrics law. This was
Philippines is reaffirmed. Simply stated, right after a Filipino
assailed in the case of Kabataan Partylist v. COMELEC (777
renounces allegiance to our country, he or she is to be
SCRA 574).
considered a foreigner. Note that Tan’s act of acquiring U.S.
citizenship had been a conscious and voluntary decision on her
The biometrics was signed in February 15, 2013. It built on the
part. While studying and working in the U.S.A., Tan chose to
policy consideration behind the law, as it institutionalized
undergo the U.S. naturalization process to acquire U.S.
biometrics validation as part of the registration process, based
citizenship. This naturalization process required her to
on Section 1 of the declaration of policy, which provides:
renounce her allegiance to the Philippine Republic and her
Philippine citizenship.
7
©Den
Section 1. Declaration of Policy. - It is the policy of the State campaign, “NO BIO, NO BOTO”, which ran currently with
to establish a clean, complete, permanent and updated list the period of continuing registration.
of voters through the adoption of biometric technology.
Kabataan filed a petition questioning the constitutionality of the
Q: How is biometrics defined? biometrics validation requirement, imposed under RA 10367
among others:
Biometrics refers to the quantitative analysis that provides a
positive identification of an individual such as voice, 1.) They alleged that biometrics violation rises to the
photograph, fingerprint, signature, iris and/or such other level of an additional substantial qualification where
identifiable features. there is penalty of deactivation – Kase diba, under
Article 5, no literacy, property or other substantive
Q: What is the procedure under the biometric registration? requirement shall be imposed. So ang sinasabi nila,
this is an additional substantial qualification, may
The registered voter is required to: penalty pa gyud. May sanction na their names will
be deactivated.
1.) Personally appear before the Office of the Election
Officer; Held:
2.) The voter should present a competent evidence of
identity; RA 10367 is a valid regulation that assists in the identification
3.) To have his/her photo, signature and fingerprint of a person.
recorded.
Q: For what purpose?
So, it is in effect a manner of updating one’s registration, for
those already registered under RA 8189; or a first timer, for For ensuring that the right to vote is exercised only by that
new registrants. person. It is not a burden – because sabi nga earlier burden daw
kase mag pila pa, tapos heavy volume of work, etc. that was
The registration process is justified by the fact that the their allegation. But the SC said that it is not a burden on the
government is adopting a noble technology like biometrics, in right of suffrage. But, it enhances this fundamental right.
order to address the bane of electoral fraud, para ma determine
na ikaw talaga yan. Kase, while registrants may be The biometrics law provides mechanism to ensure the identity
inconvenienced by waiting in long lines or not being of the voter – Kaya nga magsubmit ka ng ID, you have to
accommodated on certain days due to heavy volume of work, personally appear. And also for the purpose of preventing
the SC said that these are typical burdens of voting that are multiple votes for a single individual; and of course, to deter
remedied by improvements to be implemented by the the casting of ballots in the names of persons who do not
COMELEC as an administrative institution. This was the actually exist, or who at the time of the elections are already
rationale given by the SC in ruling on the Kabataan case. deceased.
The requirement of biometric registration is not an additional

Kabataan Party-list vs. Commission on Elections, 777 qualification, but rather a means to ensure and protect the
SCRA 574, G.R. No. 221318 December 16, 2015 identity of the voter. Names are deactivated because they do
not correspond to real persons.
Facts:
FT:
Following the enactment of RA 10367, the law essentially
mandates the COMELEC to implement a mandatory
biometrics registration system for new voters, in order to
establish a clean, complete, permanent and updated list of
voters through the adoption of biometric technology. The law NOTE: RA 8189 covers domestic and overseas registration.
likewise directs that the registered voters, whose biometrics
have not been captured, shall submit themselves for violation. Sec. 9. Who may Register. - All citizens of the Philippines
Failure to do so may sanction. not otherwise disqualified by law who are at least eighteen
(18) years of age, and who shall have resided in the
Q: Ano yung sanction? Philippines for at least one (1) year, and in the place
Voters who fail to submit for validation on or before the last wherein they propose to vote, for at least six (6) months
day of filing an application for registration for purposes of the immediately preceding the election, may register as a voter.
May 2016 elections shall be deactivated. However, sabi ng
law, voters may still have their records reactivated but after na Any person who temporarily resides in another city,
the May 2016 elections. Provided, that they comply with the municipality or country solely by reason of his occupation,
procedure found in Section 28 of RA 8189 – the provisions on profession, employment in private or public service,
the matter of reactivation. educational activities, work in the military or naval
reservations within the Philippines, service in the Armed
Pursuant to the mandate of RA 10367, COMELEC issued Forces of the Philippines, the National Police Forces, or
Resolutions 8721, 9863 and 113, which pertains to the posting confinement or detention in government institutions in
of those deactivated; the launching of the public information accordance with law, shall not be deemed to have lost his
8
©Den
original residence. read the accomplished form aloud to the person assisted
and ask him if the information given is true and correct The
Any person, who, on the day of registration may not have accomplished form shall be subscribed by the applicant in
reached the required age or period of residence but, who, the presence of the Board by means of thumbmark or some
on the day of the election shall possess such qualifications, other customary mark and it shall be subscribed and
may register as a voter. attested by the majority of the members of the Board.
The attestation shall state the name of the person assisted,

This repealed Sections 116 and 117 of the Omnibus Election Code, the name of the Election Officer or the member of the
and clarified when residency and age requirement should be accredited citizen's arm who assisted the applicant, the fact
attained, which was a salient amendment. that the Election Officer placed the applicant under oath,
that the Election Officer or the member of the accredited
o The 1st paragraph is consistent with Section 1 of Article citizen's arm who assisted the applicant read the
5 – with respect to citizenship, age and residency accomplished form to the person assisted, and that the
requirement. person assisted affirmed its truth and accuracy, by placing
his thumbmark or some other customary mark on the
application in the presence of the Board.
o The 2nd paragraph refer to those temporarily assigned
will not lose their residency or shall not be deemed to The application for registration of a physically disabled
have lost their original residence. person may be prepared by any relative within the fourth
civil degree of consanguinity or affinity or by the Election
Officer or any member of an accredited citizen's arm using
o The 3rd is the salient amendment which provides that: the data supplied by the applicant. The fact of illiteracy or
disability shall be so indicated in the application.
Any person, who, on the day of registration may

not have reached the required age or period of Sec. 15. Election Registration Board. - There shall be in
residence but, who, on the day of the election each city and municipality as many as Election Registration
shall possess such qualifications, may register as Boards as there are election officers therein. In thickly
a voter. populated cities/municipalities, the Commission may
appoint additional election officers for such duration as
Before kasi, set na yung time for registration, because may be necessary.
of RA 8189, merong na taying CONTINUING
SYSTEM OF REGISTRATION – Any voter can The Board shall be composed of the Election Officer as
apply for registration, Monday-Friday, within office chairman and as members, the public school official most
senior in rank and the local civil registrar, or in this
hours. Even if you did not possess the age or the
absence, the city or municipal treasurer. In case of
residency requirement…
disqualification of the Election Officer, the Commission
shall designate an acting Election Officer who shall serve as
Q: Ano lng yung requirement? Chairman of the Election Registration Board. In case of
disqualification or non-availability of the Local Registrar
Provided that you will possess the requirement on the or the Municipal Treasurer, the Commission shall
day of the election. Hindi ka kailangan na 18 at the designate any other appointive civil service official from the
time of registration. Dapat 18 ka at the time of election. same locality as substitute.
No member of the Board shall be related to each other or to

So there’s also a provision on ILLITERATE AND DISABLED any incumbent city or municipal elective official within the
VOTERS. fourth civil degree of consanguinity or affinity. If in
succeeding elections, any of the newly elected city or
e.) Illiterate or Disabled person refers to one who cannot by municipal officials is related to a member of the board
himself prepare an application for registration because of within the fourth civil degree of consanguinity or affinity,
his physical disability and/or inability to read and write. such member is automatically disqualified to preserve the
integrity of the Election Registration Board.
Sections 14 and 15 refers to procedure for illiterate applicants: Every registered party and such organizations as may be
authorized by the Commission shall be entitled to a watcher
Sec. 14. Illiterate or Disabled Applicants. - Any illiterate in every registration board.
person may register with the assistance of the Election
Officer or any member of an accredited citizen's arms. The
Election Officer shall place such illiterate person under
oath, ask him the questions, and record the answers given
in order to accomplish the application form in the presence ILLITERATE DISABLED
of the majority of the members of the Board. The Election DIFFERENCE
Officer or any member of an accredited citizen's arm shall
9
©Den
accordance with the instructions of the voter and not to

Those who cannot read and o Walang kamay; reveal the contents of the ballot prepared by him. Violation
write. o Deaf-mute; of this provision shall constitute an election offense. Polling
o Senior citizens; places should be made accessible to disabled persons during
o Bulag the national or local elections.
The COMELEC is mandated to keep an updated record of the

PWDs and senior citizens registered voters, indicating the types
of disability and the assistance they need as required under the
law.
Only the election officer or o Pwede silang iassist
any accredited citizen arm ng any relative In designing the ballot, the COMELEC should insure,
can assist them. within the 4th civil reasonable accommodation to PWDs and senior citizens, to
degree of enable them to accomplish the ballots by themselves.
consanguinity or
affinity; or kung There is also this training program that is mandated under the
wala silang kasama law, in coordination with the National Council on Disability
then the Affairs, the CHR and Persons with Disability and Senior
o Election officer; or Citizens’ Organization. They should be organized, in order to
design and implement sensitivity training program for
o Any accredited
persons performing electoral duties, to familiarize them of the
citizen arms, using
needs of the PWDs and senior citizens.
the data supplied by
the applicant2.
COMMON
CASES ON RESIDENCE REQUIREMENT
The fact of illiteracy and disability shall be so indicated in their
application for registration.
RECALL:
*The only difference between them is sino ang pwedeng mag- o The term “residence” is synonymous with the term
assist? “domicile”, which imports not only intention to reside
in a fixed place, but also personal presence in that
RA 10366
place, coupled with conduct indicative of such
An Act Authorizing The Commission On Elections To intention.
Establish Precincts Assigned To Accessible Polling Places
Exclusively For Persons With Disablities And Senior o Registration of a voter in a place other than his
Citizens residence of origin is not sufficient to constitute
abandonment or loss of such residence. This finds
Also provides for among others, assistance in the justification in the natural desire of every person to
accomplishment of registration form. return to his place of birth.
Q: What was the basis for the enactment of RA 10366? Romualdez-Marcos vs. Commission on Elections, 248
SCRA 300, G.R. No. 119976 September 18, 1995
This was in line with the objective of Section 29 of the Magna
Carta for Persons with Disability under RA 7277, which Held:
provides that:
Domicile of origin is not easily lost. In order to successfully
SECTION 29. System of Voting Disabled persons shall effect the change of domicile, one must demonstrate:
be allowed to be assisted by a person of his choice in voting
in the national or local elections. The person thus chosen o 1st, an actual removal or an actual change of
shall prepare ballot for the disabled voter inside the voting domicile;
booth. The person assisting shall bind himself in a formal o 2nd, a bona fide intention of abandoning the former
document under oath to fill out the ballot strictly in place of residence and establishing a new one; and
o 3rd, an act which corresponds with the purpose.
2
*NOTE: Unlike in the old law, both of them can be
assisted by a relative within the 4 th degree of FT:
consanguinity or affinity. Under RA 8189, only the Election Law; Domicile; Residence; Words and Phrases;
disabled can be assisted by the relative. Residence, for the purpose of meeting the qualification for
an elective position, has a settled meaning in our
jurisdiction.—A perusal of the Resolution of the
10
©Den
COMELEC’S Second Division reveals a startling confusion in residence, not a statement in a certificate of candidacy
the application of settled concepts of “Domicile” and which ought to be decisive in determining whether or not
“Residence” in election law. While the COMELEC seems to be an individual has satisfied the constitution’s residency
in agreement with the general proposition that for the purposes qualification requirement.—It is the fact of residence, not a
of election law, residence is synonymous with domicile, the statement in a certificate of candidacy which ought to be
Resolution reveals a tendency to substitute or mistake the decisive in determining whether or not an individual has
concept of domicile for actual residence, a conception not satisfied the constitution’s residency qualification requirement.
intended for the purpose of determining a candidate’s The said statement becomes material only when there is or
qualifications for election to the House of Representatives as appears to be a deliberate attempt to mislead, misinform, or
required by the 1987 Constitution. As it were, residence, for the hide a fact which would otherwise render a candidate
purpose of meeting the qualification for an elective position, ineligible. It would be plainly ridiculous for a candidate to
has a settled meaning in our jurisdiction. deliberately and knowingly make a statement in a certificate of
candidacy which would lead to his or her disqualification.
Same; Same; Same; Same; Domicile includes the twin
elements of “the fact of residing or physical presence in a Same; Same; Same; Same; Same; The honest mistake in the
fixed place” and animus manendi, or the intention of certificate of candidacy regarding the period of residency
returning there permanently.—Article 50 of the Civil Code does not negate the fact of residence in a congressional
decrees that “[f]or the exercise of civil rights and the district if such fact is established by means more convincing
fulfillment of civil obligations, the domicile of natural persons than a mere entry on a piece of paper.—Having been forced
is their place of habitual residence.” In Ong vs. Republic this by private respondent to register in her place of actual
court took the concept of domicile to mean an individual’s residence in Leyte instead of petitioner’s claimed domicile, it
“permanent home,” “a place to which, whenever absent for appears that petitioner had jotted down her period of stay in her
business or for pleasure, one intends to return, and depends on actual residence in a space which required her period of stay in
facts and circumstances in the sense that they disclose intent.” her legal residence or domicile. The juxtaposition of entries in
Based on the foregoing, domicile includes the twin elements of Item 7 and Item 8—the first requiring actual residence and the
“the fact of residing or physical presence in a fixed place” and second requiring domicile—coupled with the circumstances
animus manendi, or the intention of returning there surrounding petitioner’s registration as a voter in Tolosa
permanently. obviously led to her writing down an unintended entry for
which she could be disqualified. This honest mistake should
Same; Same; Same; Same; Domicile and Residence, not, however, be allowed to negate the fact of residence in the
Distinguished.—Residence, in its ordinary conception, implies First District if such fact were established by means more
the factual relationship of an individual to a certain place. It is convincing than a mere entry on a piece of paper.
the physical presence of a person in a given area, community or
country. The essential distinction between residence and Same; Same; Same; Same; Same; An individual does not
domicile in law is that residence involves the intent to leave lose his domicile even if he has lived and maintained
when the purpose for which the resident has taken up his abode residences in different places.—We have stated, many times
ends. One may seek a place for purposes such as pleasure, in the past, that an individual does not lose his domicile even if
business, or health. If a person’s intent be to remain, it becomes he has lived and maintained residences in different places.
his domicile; if his intent is to leave as soon as his purpose is Residence, it bears repeating, implies a factual relationship to a
established it is residence. It is thus, quite perfectly normal for given place for various purposes. The absence from legal
an individual to have different residences in various places. residence or domicile to pursue a profession, to study or to do
However, a person can only have a single domicile, unless, for other things of a temporary or semi-permanent nature does not
various reasons, he successfully abandons his domicile in favor constitute loss of residence. Thus, the assertion by the
of another domicile of choice. COMELEC that “she could not have been a resident of
Tacloban City since childhood up to the time she filed her
Same; Same; Same; Same; Same; As these concepts have certificate of candidacy because she became a resident of many
evolved in our election law, what has clearly and places” flies in the face of settled jurisprudence in which this
unequivocally emerged is the fact that residence for election Court carefully made distinctions between (actual) residence
purposes is used synonymously with domicile.—For political and domicile for election law purposes.
purposes the concepts of residence and domicile are dictated by
the peculiar criteria of political laws. As these concepts have Same; Same; Same; Same; Domicile of Origin; A minor
evolved in our election law, what has clearly and unequivocally follows the domicile of his parents.—A minor follows the
emerged is the fact that residence for election purposes is used domicile of his parents. As domicile, once acquired is retained
synonymously with domicile. until a new one is gained, it follows that in spite of the fact of
petitioner’s being born in Manila, Tacloban, Leyte was her
Same; Same; Same; Same; Same; Constitutional Law; domicile of origin by operation of law. This domicile was not
When the Constitution speaks of “residence ” in election established only when she reached the age of eight years old,
law, it actually means only “domicile.”—The deliberations of when her father brought his family back to Leyte contrary to
the 1987 Constitution on the residence qualification for certain private respondent’s averments.
elective positions have placed beyond doubt the principle that
when the Constitution speaks of “residence” in election law, it Same; Same; Same; Same; Same; Requisites for a change of
actually means only “domicile.” domicile.—Domicile of origin is not easily lost. To
successfully effect a change of domicile, one must demonstrate:
Same; Same; Same; Same; Same; Same; It is the fact of 1. An actual removal or an actual change of domicile; 2. A
11
©Den
bona fide intention of abandoning the former place of residence an actual removal or an actual change of domicile; a bona fide
and establishing a new one; and 3. Acts which correspond with intention of abandoning the former place of residence and
the purpose. establishing a new one and definite acts which correspond with
the purpose. In other words, there must basically be animus
Same; Same; Same; Same; Same; To effect an manendi coupled with animus non revertendi. The purpose to
abandonment requires the voluntary act of relinquishing remain in or at the domicile of choice must be for an indefinite
former domicile with an intent to supplant the former period of time; the change of residence must be voluntary; and
domicile with one of her own choosing (domicilium the residence at the place chosen for the new domicile must be
voluntarium).—In the absence of clear and positive proof actual.
based on these criteria, the residence of origin should be
deemed to continue. Only with evidence showing concurrence Same; Same; Same; Same; While “residence” simply
of all three requirements can the presumption of continuity or requires bodily presence in a given place, “domicile”
residence be rebutted, for a change of residence requires an requires not only such bodily presence in that place but also
actual and deliberate abandonment, and one cannot have two a declared and probable intent to make it one’s fixed and
legal residences at the same time. In the case at bench, the permanent place of abode, one’s home.—It is the contention
evidence adduced by private respondent plainly lacks the of petitioner that his actual physical presence in Alabel,
degree of persuasiveness required to convince this court that an Sarangani since December 1996 was sufficiently established by
abandonment of domicile of origin in favor of a domicile of the lease of a house and lot located therein in January 1997 and
choice indeed occurred. To effect an abandonment requires the by the affidavits and certifications under oath of the residents
voluntary act of relinquishing petitioner’s former domicile with of that place that they have seen petitioner and his family
an intent to supplant the former domicile with one of her own residing in their locality. While this may be so, actual and
physical is not in itself sufficient to show that from said date he
had transferred his residence in that place. To establish a new
domicile of choice, personal presence in the place must be
Domino vs. Commission on Elections, 310 SCRA 546, G.R. coupled with conduct indicative of that intention. While
No. 134015 July 19, 1999 “residence” simply requires bodily presence in a given place,
“domicile” requires not only such bodily presence in that place
Held: but also a declared and probable intent to make it one’s fixed
and permanent place of abode, one’s home.
While voting is not conclusive on residence, it does give rise to
a strong presumption of residence. The fact that a person Same; Same; Same; Same; Intention to acquire a domicile
continuously voted on a particular locality is a strong factor in without actual residence in the locality does not result in
assisting to determine the status of his domicile. acquisition of domicile, nor does the fact of physical
presence without intention.—As a general rule, the principal
FT: elements of domicile, physical presence in the locality involved
and intention to adopt it as a domicile, must concur in order to
Same; Same; Words and Phrases; “Residence” and establish a new domicile. No change of domicile will result if
“Domicile,” Explained; It is doctrinally settled that the either of these elements is absent. Intention to acquire a
term “residence,” as used in the law prescribing the domicile without actual residence in the locality does not result
qualifications for suffrage and for elective office, means the in acquisition of domicile, nor does the fact of physical
same thing as “domicile,” which imports not only an presence without intention.
intention to reside in a fixed place but also personal
presence in that place, coupled with conduct indicative of Same; Same; Same; Same; Lease; A lease contract may be
such intention.—It is doctrinally settled that the term indicative of a person’s intention to reside in a particular
“residence,” as used in the law prescribing the qualifications locality but it does not engender the kind of permanency
for suffrage and for elective office, means the same thing as required to prove abandonment of one’s original domicile.
“domicile,” which imports not only an intention to reside in a —The lease contract entered into sometime in January 1997,
fixed place but also personal presence in that place, coupled does not adequately support a change of domicile. The lease
with conduct indicative of such intention. “Domicile” denotes a contract may be indicative of DOMINO’s intention to reside in
fixed permanent residence to which, whenever absent for Sarangani but it does not engender the kind of permanency
business, pleasure, or some other reasons, one intends to return. required to prove abandonment of one’s original domicile. The
“Domicile” is a question of intention and circumstances. In the mere absence of individual from his permanent residence, no
consideration of circumstances, three rules must be borne in matter how long, without the intention to abandon it does not
mind, namely: (1) that a man must have a residence or domicile result in loss or change of domicile. Thus the date of the
somewhere; (2) when once established it remains until a new contract of lease of a house and lot located in the province of
one is acquired; and (3) a man can have but one residence or Sarangani, i.e., 15 January 1997, cannot be used, in the absence
domicile at a time. of other circumstances, as the reckoning period of the one-year
residence requirement.
Same; Same; Same; Same; A person’s “domicile” once
established is considered to continue and will not be Same; Same; Same; Same; While voting is not conclusive of
deemed lost until a new one is established.—A person’s residence, it does give rise to a strong presumption of
“domicile” once established is considered to continue and will residence—exercising the right of election franchise is a
not be deemed lost until a new one is established. To deliberate public assertion of the fact of residence, and is said
successfully effect a change of domicile one must demonstrate to have decided preponderance in a doubtful case upon the
12
©Den
place the elector claims as, or believes to be, his residence.— as a reasonable mind will accept as adequate to support a
Further, Domino’s lack of intention to abandon his residence in conclusion.
Quezon City is further strengthened by his act of registering as
voter in one of the precincts in Quezon City. While voting is Same; Same; Residence; It is not required that a candidate
not conclusive of residence, it does give rise to a strong should have his own house in order to establish his
presumption of residence especially in this case where residence or domicile in a place. It is enough that he should
DOMINO registered in his former barangay. Exercising the live in the locality, even in a rented house or that of a friend
right of election franchise is a deliberate public assertion of the or relative.—The Dissent claims that the registration of the
fact of residence, and is said to have decided preponderance in property in Palomares’s name does not prove petitioner’s
a doubtful case upon the place the elector claims as, or believes residence as it merely showed “donative intent” without the
to be, his residence. The fact that a party continuously voted in necessary formalities or payment of taxes. However, whatever
a particular locality is a strong factor in assisting to determine the nature of the transaction might be, this point is immaterial
the status of his domicile. for the purpose of ascertaining petitioner’s residence. We have
long held that it is not required that a candidate should have his
own house in order to establish his residence or domicile in a
place. It is enough that he should live in the locality, even in a
Sabili vs. Commission on Elections, 670 SCRA 664, G.R. rented house or that of a friend or relative. What is of central
No. 193261 April 24, 2012 concern then is that petitioner identified and established a place
in Lipa City where he intended to live in and return to for an
Facts: indefinite period of time.
Ito na case, nagchange cya ng residence. Doon cya magvote in Same; Same; Same; Section 117 of the Omnibus Election
his place of residence. May nag oppose sa kanya to exclude Code provides that transfer of residence to any other place
him in the list of voters. by reason of one’s “occupation; profession; employment in
private and public service; educational activities; work in
Held: military or naval reservations; service in the army, navy or
air force, the constabulary or national police force; or
Absence from residence to pursue studies or practice a confinement or detention in government institutions in
profession or registration as a voter, other than the place where accordance with law” is not deemed as loss of residence.—
one is elected, does not constitute loss of residence. So yun We have held that “absence from residence to pursue studies or
yung 2nd paragraph of the amendment under RA 8189. practice a profession or registration as a voter other than in the
place where one is elected, does not constitute loss of
There is nothing wrong in an individual changing residences, residence.” In fact, Section 117 of the Omnibus Election Code
so he could run for an elective post. provides that transfer of residence to any other place by reason
of one’s “occupation; profession; employment in private and
Q: Ano lng ang requirement? public service; educational activities; work in military or naval
reservations; service in the army, navy or air force, the
For as long as he is able to prove with reasonable certainty constabulary or national police force; or confinement or
that he has effected a change of residence, for election law detention in government institutions in accordance with law” is
purposes, for the period required by law. Comply lng. Yung not deemed as loss of residence.
ln gang requirement. But it does not deprive one to change
residence. Same; Same; Same; There is nothing “wrong in an
individual changing residences so he could run for an
FT: elective post, for as long as he is able to prove with
reasonable certainty that he has effected a change of
Same; Domicile; To establish a new domicile of choice, residence for election law purposes for the period required
personal presence in the place must be coupled with by law.”—More importantly, we have gone so far as to rule
conduct indicative of the intention to make it one’s fixed that there is nothing “wrong in an individual changing
and permanent place of abode.—In the present case, the residences so he could run for an elective post, for as long as he
parties are in agreement that the domicile of origin of Sabili is able to prove with reasonable certainty that he has effected a
was Brgy. Sico, San Juan, Batangas. He claims that he change of residence for election law purposes for the period
abandoned his domicile of origin and established his domicile required by law.”
of choice in Brgy. Pinagtong-ulan, Lipa City, thereby making
him qualified to run for Lipa City mayor. On the other hand,
respondent COMELEC held that no such change in domicile or Q: Who are disqualified (See Section 11 of RA 8189)?
residence took place and, hence, the entry in his Certificate of
Candidacy showing that he was a resident of Brgy. Pinagtong- Sec. 11. Disqualification. - The following shall be
ulan, Lipa City constituted a misrepresentation that disqualified disqualified from registering:
him from running for Lipa City mayor. To establish a new
domicile of choice, personal presence in the place must be Any person who has been sentenced by final judgment to
coupled with conduct indicative of the intention to make it suffer imprisonment of not less than one (1) year, such
one’s fixed and permanent place of abode. As in all disability not having been removed by plenary pardon or
administrative cases, the quantum of proof necessary in amnesty: Provided, however, That any person disqualified
election cases is substantial evidence, or such relevant evidence to vote under this paragraph shall automatically reacquire
13
©Den
the right to vote upon expiration of five (5) years after intent of the concerned
service of sentence; registered voters.
Accordingly, they shall be
Any person who has been adjudged by final judgment by a allowed to vote only in the
competent court or tribunal of having committed any crime district, city, municipality of
involving disloyalty to the duly constituted government their latest registration.
such as rebellion, sedition, violation of the firearms laws or
any crime against national security, unless restored to his This is distinguished from TAKE NOTE OF:
full civil and political rights in accordance with law: another kind of double COMELEC resol’n. 7893
Provided, That he shall automatically reacquire the right to registration which is referred issued May 2007, in relation
vote upon expiration of five (5) years after service of to as double-multiple to election offenses under
sentence; and registrants. Section 261 of the OEC, par.
(y) 5 which pertains to
Insane or incompetent persons declared as such by prohibited acts3.
competent authority unless subsequently declared by
proper authority that such person is no longer insane or TAKE NOTE: Ito, di na
incompetent. magapply under 8189 kase
you can just register in
another city without your
This is a repealed of Section 118 of the OEC. permanent voting records na
manggagaling sa original
Q: When is disability removed? place mo where you voted. Di
mon a kasi hawak yung
Plenary or pardon. No sentence by final judgment in relation to the application for registration.
power of the President to grant amnesty or pardon, Section 5 of
Article 9 (c ) of the Constitution provides:
Section 5. No pardon, amnesty, parole, or suspension of Jalosjos vs. Commission on Elections, 670 SCRA 572, G.R.
sentence for violation of election laws, rules, and No. 191970 April 24, 2012
regulations shall be granted by the President without the
favorable recommendation of the Commission. Diba yung requirement for at least 1 year before election yung
residency for purposes of running for governor?
The expiration of 5 years after the service of sentence and official Held:
declaration by the proper authority that the insanity or
incompetency no longer exists. There is no hard-and-fast rule to determine a candidate’s
compliance with residency requirement since the question of
Q: What is the distinction between double registrants from residence is a question of intention. However, the SC said that
multiple registrants? still, jurisprudence had laid down the ff. guidelines:
DOUBLE REGISTRANTS MUTIPLE REGISTRANTS 1.) Every person has a domicile or residence
somewhere;
There are 2 kinds of double They are found to be 2.) Where once established, that domicile remains
registrants: registered within the same until he acquires a new one;
district, city or municipality. 3.) A person can have but one domicile at a time.
1.) Those registrants
who are found to The COMELEC in this case concluded that Jalosjos has not
be registered in 2 come to settle his domicile in Ipil, since he was merely staying
or more district, at his brother’s house. The SC however ruled that this
city, municipality; circumstance alone, na porke nakatira lng cya sa kapatid niya,
and cannot support such conclusion. The Court has repeatedly held
that a candidate is not required to have a house in a
2.) Multiple community to establish his residence or domicile in a
registrants particular place. It is sufficient that he should live there,
even if it is in a rented house or in the house of a friend or
Q: Which would prevail? Q: What would prevail? relative.
The latest registration should The original registration RATIONALE: To insist that the candidate own the house
prevail. should prevail over where he lives would make property a qualification for public
subsequent registrations. office. What matters is that Jalosjos has proved 2 things:
Q: Bakit latest?
Because this is deemed to be 3

Any person who, being a registered voter, registers anew without filing an
more in consonance with the application for cancellation of his previous registration.
14
©Den
1.) Actual physical presence in Ipil; and nung mga oposisyon ka kanya, “Mayaman man yan sila. Pero
2.) Intention of making it his domicile. di niya pinaayos, walang cyang aircon, etc.”
FT: Held:
Election Law; Local Government Code; Residence; The dwelling place where a person permanently intends to
Governors; The Local Government Code requires a return to and to remain, his/her capacity or inclination to
candidate seeking the position of provincial governor to be decorate the place or lack of it is immaterial in determining
a resident of the province for at least one year before the the residency requirement.
election—for purposes of the election laws, the requirement of
residence is synonymous with domicile, meaning that a person COMELEC here was held to gravely abused its discretion
must not only intend to reside in a particular place but must when it determined the fitness of a dwelling place, as a
also have personal presence in such place coupled with conduct person’s residence, based solely on very personal and
indicative of such intention.—The Local Government Code subjective assessment standards, when the law is replete
requires a candidate seeking the position of provincial governor with standards that can be used. COMELEC used wrong
to be a resident of the province for at least one year before the considerations in arriving at a conclusion that Mitra’s residence
election. For purposes of the election laws, the requirement of is not the residence contemplated by law.
residence is synonymous with domicile, meaning that a person
must not only intend to reside in a particular place but must FT:
also have personal presence in such place coupled with conduct
indicative of such intention. There is no hard and fast rule to Same; Same; Same; Residency Requirement; Domicile of
determine a candidate’s compliance with residency requirement Choice; Requisites.—Mitra’s domicile of origin is
since the question of residence is a question of intention. Still, undisputedly Puerto Princesa City. For him to qualify as
jurisprudence has laid down the following guidelines: (a) every Governor—in light of the relatively recent change of status of
person has a domicile or residence somewhere; (b) where once Puerto Princesa City from a component city to a highly
established, that domicile remains until he acquires a new one; urbanized city whose residents can no longer vote for
and (c) a person can have but one domicile at a time. provincial officials—he had to abandon his domicile of origin
and acquire a new one within the local government unit where
Same; Same; Same; The Supreme Court has repeatedly he intended to run; this would be his domicile of choice. To
held that a candidate is not required to have a house in a acquire a domicile of choice, jurisprudence, which the
community to establish his residence or domicile in a COMELEC correctly invoked, requires the following: (1)
particular place—it is sufficient that he should live there even residence or bodily presence in a new locality; (2) an intention
if it be in a rented house or in the house of a friend or relative. to remain there; and (3) an intention to abandon the old
—The COMELEC concluded that Jalosjos has not come to domicile.
settle his domicile in Ipil since he has merely been staying at
his brother’s house. But this circumstance alone cannot support Same; Same; Same; Residency; Where a dwelling qualifies
such conclusion. Indeed, the Court has repeatedly held that a as a residence—i.e., the dwelling where a person permanently
candidate is not required to have a house in a community to intends to return to and to remain—his or her capacity or
establish his residence or domicile in a particular place. It is inclination to decorate the place, or the lack of it, is immaterial.
sufficient that he should live there even if it be in a rented —In considering the residency issue, the COMELEC
house or in the house of a friend or relative. To insist that the practically focused solely on its consideration of Mitra’s
candidate own the house where he lives would make property a residence at Maligaya Feedmill, on the basis of mere
qualification for public office. What matters is that Jalosjos has photographs of the premises. In the COMELEC’s view
proved two things: actual physical presence in Ipil and an (expressly voiced out by the Division and fully concurred in by
intention of making it his domicile. the En Banc), the Maligaya Feedmill building could not have
been Mitra’s residence because it is cold and utterly devoid of
any indication of Mitra’s personality and that it lacks loving
Similarly, in… attention and details inherent in every home to make it one’s
residence. This was the main reason that the COMELEC relied
Mitra vs. Commission on Elections, 622 SCRA 744, G.R. upon for its conclusion. Such assessment, in our view, based on
No. 191938 July 2, 2010 the interior design and furnishings of a dwelling as shown by
and examined only through photographs, is far from
Facts: reasonable; the COMELEC thereby determined the fitness of a
dwelling as a person’s residence based solely on very personal
Mitra transferred from Puerto Prinsesa which was his original and subjective assessment standards when the law is replete
domicile, lumipat cya sa Aborlan where intends to run for with standards that can be used. Where a dwelling qualifies as a
public office. He bought the old Maligaya feed mill and used residence—i.e., the dwelling where a person permanently
the 2nd floor as his residence. intends to return to and to remain—his or her capacity or
inclination to decorate the place, or the lack of it, is immaterial.
In considering w/n si Mitra has possessed the residency immaterial.
requirement, there was an exclusion case against him.
COMELEC disqualified Mitra for the reason, that Mitra’s
residence is not the residence contemplated by law, considering Q: How to register?
that he did not renovate or improve the structure. Kase sabi
15
©Den
Sec. 8. System of Continuing Registration of Voters. - The process in the city or municipality. On the date of the
personal filing of application of registration of voters shall hearing, the Election Officer shall receive such evidence for
be conducted daily in the office of the Election Officer or against the applicant.
during regular office hours. No registration shall, however,
be conducted during the period starting one hundred A registrant whose application is not seasonably objected to
twenty (120) days before a regular election and ninety (90) shall be notified in writing stating therein that no objection
days before a special election. was raised against his application and that he need not
appear on the date set for the hearing of his application.
Physical presence of the applicant concerned shall,
A qualified voter can go within Monday-Friday. however, be mandatory in all cases where objections
against his application have been seasonably filed with the
Q: What is the limitation on registration? proper Election Registration Board for him to rebut or
refute evidence presented in opposition thereto.
TAKE NOTE: No registration shall, however, be conducted
during the period starting one hundred twenty (120) days All applications for registration shall be heard and
before a regular election and ninety (90) days before a special processed on a quarterly basis. For this purpose, the
election. Election Registration Board shall meet and convene on the
third Monday of April, July, October, and January of every
Q: Who compose the ERBs? calendar year, or on the next following working day if the
designated days fail on a non-working holiday, except in an
Sec. 15. Election Registration Board. - There shall be in election year to conform with the one hundred twenty (120)
each city and municipality as many as Election Registration days prohibitive period before election day. Should one day
Boards as there are election officers therein. In thickly be sufficient for the processing of all accepted applications,
populated cities/municipalities, the Commission may the Board shall adjourn from day to day until all the
appoint additional election officers for such duration as applications shall have been processed.
may be necessary.
The Board shall be composed of the Election Officer as Isa lng ang ideternine natin – Q: When is the physical presence
chairman and as members, the public school official most of the applicant is required?
senior in rank and the local civil registrar, or in this
absence, the city or municipal treasurer. In case of GENERAL RULE: Hindi required ang presence in the
disqualification of the Election Officer, the Commission application for registration.
shall designate an acting Election Officer who shall serve as
Chairman of the Election Registration Board. In case of *His physical presence is only required in case someone opposes
disqualification or non-availability of the Local Registrar the application for registration; and it is mandatory for that
or the Municipal Treasurer, the Commission shall applicant to be present…
designate any other appointive civil service official from the
same locality as substitute. Q: For what purpose?
No member of the Board shall be related to each other or to To rebut the evidence presented in the opposition of his
any incumbent city or municipal elective official within the application.
fourth civil degree of consanguinity or affinity. If in
succeeding elections, any of the newly elected city or Kung wala naming objection, di kailangan yung physical presence.
municipal officials is related to a member of the board
within the fourth civil degree of consanguinity or affinity, Sec. 12. Change of Residence to Another City or
such member is automatically disqualified to preserve the Municipality. - Any registered voter who has transferred
integrity of the Election Registration Board. residence to another city or municipality may apply with
the Election Officer of his new residence for the transfer of
Every registered party and such organizations as may be his registration records.
authorized by the Commission shall be entitled to a watcher
in every registration board. The application for transfer of registration shall be subject
to the requirements of notice and hearing and the approval
of the Election Registration Board, in accordance with this
Also we have the PROCEDURE FOR HEARING OF Act. Upon approval of the application for transfer, and
APPLICATIONS: after notice of such approval to the Election Officer of the
former residence of the voter, said Election Officer shall
Sec. 17. Notice and Hearing of Applications. - Upon receipt transmit by registered mail the voter's registration record
of applications for registration, the Election Officer shall set to the Election Officer of the voter's new residence.
them for hearing, notice of which shall be posted in the city
or municipal bulletin board and in his office for at least one
(1) week before the hearing, and furnish copies thereof to Sabi natin, di na magapply yung prohibited act na ito because there
the applicant concerned, the heads or representatives of is already this amendment that it is not the voter who goes to the
political parties, and other accredited groups or election officer of the original place to apply for cancellation.
organizations which actively participate in the electoral Doon cya pupunta where he intends to vote in another district;
16
©Den
dun na cya magapply, and the election officer of that new concerned.
residence and the old residence, sila na yung mag co-coordinate
because ifo-forward na yung VRR niya (Voter’s Registration
Record) to the new place of residence. The same similarly with the DEACTIVATION – is the process wherein the registration
change of address – magchange kalng within the same record of a voter is removed by the election registration
municipality pero iba na yung voting center mo, ita-transfer lng board (ERB) from the corresponding precinct book of voters
ng election officer to that new precinct mo. and places the voter’s registration record in an inactive file. It
is properly marked and dated in indelible ink after entering
IMPORTANT: The manner of DEACTIVATION under Section the cause for deactivation.
27:
Sec. 27. Deactivation of Registration. - The board shall Q: Ano yung mga cause for deactivation?
deactivate the registration and remove the registration
records of the following persons from the corresponding o Those who are disqualified by virtue of a final
precinct book of voters and place the same, properly judgment;
marked and dated in indelible ink, in the inactive file after o Declared:
entering the cause or causes of deactivation:  Insane;
 Incompetent; or
Any person who has been sentenced by final judgment to  By official declaration
suffer imprisonment for not less than one (1) year, such o Those who failed to vote in the 2 succeeding preceding
disability not having been removed by plenary pardon or
regular elections as shown by his voting record;
amnesty: Provided, however, That any person disqualified
to vote under this paragraph shall automatically reacquire o Those whose registration has ordered excluded by the
the right to vote upon expiration of five (5) years after court;
service of sentence as certified by the clerks of courts of the o Any person who lost his Filipino citizenship
Municipal/Municipal Circuit/Metropolitan/Regional Trial
Courts and the Sandiganbayan; *Clerks of court are mandated to submit to the COMELEC
Any person who has been adjudged by final judgment by a copies of the certified list of persons who have been disqualified
competent court or tribunal of having caused/committed by virtue of a final judgment with their addresses.
any crime involving disloyalty to the duly constituted
government such as rebellion, sedition, violation of the anti- So yung citizenship, insanity and incompetency, the COMELEC
subversion and firearms laws, or any crime against national may request a certified list of such persons from government
security, unless restored to his full civil and political rights agencies concerned, as a way of updating.
in accordance with law; Provided, That he shall regain his
right to vote automatically upon expiration of five (5) years Sec. 28. Reactivation of Registration. - Any voter whose
after service of sentence; registration has been deactivated pursuant to the preceding
Any person declared by competent authority to be insane or Section may file with the Election Officer a sworn
incompetent unless such disqualification has been application for reactivation of his registration in the form of
subsequently removed by a declaration of a proper an affidavit stating that the grounds for the deactivation no
authority that such person is no longer insane or longer exist any time but not later than one hundred twenty
incompetent; (120) days before a regular election and ninety (90) days
Any person who did not vote in the two (2) successive before a special election.
preceding regular elections as shown by their voting
records. For this purpose, regular elections do not include The Election Officer shall submit said application to the
the Sangguniang Kabataan (SK) elections; Election Registration Board for appropriate action.
Any person whose registration has been ordered excluded
by the Court; and In case the application is approved, the Election Officer
Any person who has lost his Filipino citizenship. shall retrieve the registration record from the inactive file
For this purpose, the clerks of court for the and include the same in the corresponding precinct book of
Municipal/Municipal Circuit/Metropolitan/Regional Trial voters. Local heads or representatives of political parties
Courts and the Sandiganbayan shall furnish the Election shall be properly notified on approved applications.
Officer of the city or municipality concerned at the end of
each month a certified list of persons who are disqualified
under paragraph (a) hereof, with their addresses. The
Commission may request a certified list of persons who REACTIVATION – If the disqualification no longer exists, or
have lost their Filipino Citizenship or declared as insane or the insanity or incompetency exists.
incompetent with their addresses from other government
agencies.
Q: Ano ang gagawin?
The Election Officer shall post in the bulletin board of his
office a certified list of those persons whose registration Apply for a sworn application for reactivation on the grounds
were deactivated and the reasons therefor, and furnish that the reason for deactivation no longer exists.
copies thereof to the local heads of political parties, the
national central file, provincial file, and the voter
17
©Den
Q: What is the period? (TAKE NOTE OF THE TIME TO Appeal sa RTC within 5 days; and the decision shall be final and
FILE) executory. Nawala na yang appeal sa CA.
Anytime but not later than 120 days  Yung yung limitation also The RTC shall decide the appeal within 10 days from the time it is
to the application for registration. The same reason. received; and the RTC decision shall immediately become final
and executory. No motion for reconsideration (MFR) shall be
Sec. 29. Cancellation of Registration. - The Board shall entertained.
cancel the registration records of those who have died as
certified by the Local Civil Registrar. The Local Civil Sec. 32. Common Rules Governing Judicial Proceedings in
Registrar shall submit each month a certified list of persons the Matter of Inclusion, Exclusion, and Correction of
who died during the previous month to the Election Officer Names of Voters. -
of the place where the deceased are registered. In the
absence of information concerning the place where the a. Petition for inclusion, exclusion or correction of
deceased is registered, the list shall be sent to the Election names of voters shall be filed during office hours;
Officer of the city or municipality of the deceased's
residence as appearing in his death certificate. In any case, b. Notice of the place, date and time of the hearing
the Local Civil Registrar shall furnish a copy of this list to of the petition shall be served upon the members
the national central file and the proper provincial file. of the Board and the challenged voter upon filing
of the petition. Service of such notice may be
The Election Officer shall post in the bulletin board of his made by sending a copy thereof by personal
office a list of those persons who died whose registrations delivery, by leaving it in the possession of a
were cancelled, and furnish copies thereof to the local heads person of sufficient discretion in the residence of
of the political parties, the national central file, and the the challenged voter, or by registered mail.
provincial file. Should the foregoing procedures not be
practicable, the notice shall be posted in the
bulletin board of the city or municipal hall and
Dito, hindi na pwede ang process of REACTIVATION. Once the in two (2) other conspicuous places within the
voter’s registration is cancelled, it is only for one reason – because city or municipality;
of death. No resurrection/reactivation.
c. A petition shall refer only to one (1) precinct and
implead the Board as respondents;
INCLUSION AND EXCLUSION OF VOTERS
d. No costs shall be assessed against any party in
these proceedings. However, if the court should
find that the application has been filed solely to
Sec. 33. Jurisdiction in Inclusion and Exclusion Case. The harass the adverse party and cause him to incur
Municipal and Metropolitan Trial Courts shall have expenses, it shall order the culpable party to pay
original and exclusive jurisdiction over all cases of inclusion the costs and incidental expenses;
and exclusion of voters in their respective cities or
municipalities. Decisions of the Municipal or Metropolitan e. Any voter, candidate or political party who may
Trial Courts may be appealed by the aggrieved party to the be affected by the proceedings may intervene and
Regional Trial Court within five (5) days from receipt of present his evidence;
notice thereof. Otherwise, said decision shall become final
and executory. The regional trial court shall decide the f. The decision shall be based on the evidence
appeal within ten (10) days from the time it is received and presented and in no case rendered upon a
the decision shall immediately become final and executory. stipulation of facts. If the question is whether or
No motion for reconsideration shall be entertained. not the voter is real or fictitious, his non-
appearance on the day set for hearing shall be
prima facie evidence that the challenged voter is
TAKE NOTE: Remedies of persons whose application for fictitious; and
registration, reactivation, inclusion or correction has been
disapproved or those who intend to exclude a voter from the list. g. The petition shall be heard and decided within
We have petition for inclusion and petition for exclusion. ten (10) days from the date of its filing. Cases
appealed to the Regional Trial Court shall be
Q: Who has jurisdiction? decided within ten (10) days from receipt of the
appeal. In all cases, the court shall decide these
o Municipal and Metropolitan Trial Courts petitions not later than fifteen (15) days before
the election and the decision shall become final
Q: Why? and executory.
Because it is only the courts that can address this question for your
right of suffrage. Q: Sino yung pwedeng magfile ng petition for inclusion? Ano
yung period to file?
Q: Where to appeal decisions of the MTC?
18
©Den
Earlier ito. Yung isa 120 days. Itong petition for inclusion, competent court or tribunal of having caused/committed
anytime except 105 days prior to a regular election. any crime involving disloyalty to the duly constituted
government such as rebellion, sedition, violation of the anti-
Sec. 35. Petition for Exclusion of Voters from the List. - subversion and firearms laws, or any crime against national
Any registered voters, representative of a political party or security, unless restored to his full civil and political rights
the Election Officer, may file with the court a sworn in accordance with law; Provided, That he shall regain his
petition for the exclusion of a voter from the permanent list right to vote automatically upon expiration of five (5) years
of voters giving the name, address and the precinct of the after service of sentence;
challenged voter at any time except one hundred (100) days
prior to a regular election or sixty-five (65) days before a Any person declared by competent authority to be insane or
special election. The petition shall be accompanied by proof incompetent unless such disqualification has been
of notice to the Board and to the challenged voter and shall subsequently removed by a declaration of a proper
be decided within ten (10) days from its filing. authority that such person is no longer insane or
incompetent;
If the decision is for the exclusion of the voter from the list,
the Board shall, upon receipt of the final decision, remove Any person who did not vote in the two (2) successive
the voter's registration record from the corresponding book preceding regular elections as shown by their voting
of voters, enter the order of exclusion therein, and records. For this purpose, regular elections do not include
thereafter place the record in the inactive file. the Sangguniang Kabataan (SK) elections;
Any person whose registration has been ordered excluded

Yung petition for exclusion under Section 35, 100 days prior to by the Court; and
a regular election. Yung inclusion, 105 days prior to a regular
election. Any person who has lost his Filipino citizenship.
For this purpose, the clerks of court for the
DEACTIVATION, REACTIVATION AND Municipal/Municipal Circuit/Metropolitan/Regional Trial
CANCELLATION OF VOTERS Courts and the Sandiganbayan shall furnish the Election
Officer of the city or municipality concerned at the end of
each month a certified list of persons who are disqualified
Part of the remedies during thev registration of voters is the matter under paragraph (a) hereof, with their addresses. The
with respect to DEACTIVATION, REACTIVATION and Commission may request a certified list of persons who
CANCELLATION. have lost their Filipino Citizenship or declared as insane or
incompetent with their addresses from other government
Deactivation – It is a process wherein the registration record of agencies.
a voter is removed by the election registration board (ERB)
from the active file and transfer it to the inactive file. The Election Officer shall post in the bulletin board of his
office a certified list of those persons whose registration
were deactivated and the reasons therefor, and furnish
Q: What is crucial here? copies thereof to the local heads of political parties, the
national central file, provincial file, and the voter
The reason for the deactivation should be indicated and it should concerned.
be properly marked and dated in indelible ink.
Q: Who are usually deactivated? Whose voter registration 1.) Those who are sentenced by final judgment by the
record is deactivated? court;
2.) Those who are officially declared as insane;
Sec. 27. Deactivation of Registration. - The board shall 3.) Those who are officially declared as incompetent;
deactivate the registration and remove the registration 4.) Those persons who failed to vote in the last 2
records of the following persons from the corresponding succeeding preceding regular elections – Q: What
precinct book of voters and place the same, properly would be the basis na hindi ka nakaboto? It is based
marked and dated in indelible ink, in the inactive file after on the voting record  That will be the basis for the
entering the cause or causes of deactivation: deactivation of the voter, if the voter fails to vote in the
last 2 successive elections;
Any person who has been sentenced by final judgment to 5.) Any person pursuant to the exclusion order of the
suffer imprisonment for not less than one (1) year, such
court to be excluded; and
6.) Any person who has lost his Filipino citizenship.
amnesty: Provided, however, That any person disqualified
to vote under this paragraph shall automatically reacquire
Q: How will the COMELEC know about this?
the right to vote upon expiration of five (5) years after
service of sentence as certified by the clerks of courts of the The clerks of court of the MTC, MTCC, RTC and Sanggunian are
Municipal/Municipal Circuit/Metropolitan/Regional Trial
mandated to furnish the election officer of the city/municipality
Courts and the Sandiganbayan;
concerned at the end of each month, a certified list of persons who
Any person who has been adjudged by final judgment by a
19
©Den
are disqualified, by virtue of a final judgment with their the national central file and the proper provincial file.
addresses.
The Election Officer shall post in the bulletin board of his
Q: What is the remedy of a voter whose voter’s registration office a list of those persons who died whose registrations
record has been deactivated? were cancelled, and furnish copies thereof to the local heads
of the political parties, the national central file, and the
Reactivation (Sec. 28, RA 8189) provincial file.
Sec. 28. Reactivation of Registration. - Any voter whose

registration has been deactivated pursuant to the preceding This is the matter of CANCELLATION where the ERB cancels
Section may file with the Election Officer a sworn the registration records of those who have died. FINAL na eto
application for reactivation of his registration in the form of cya. This is based on the list that is submitted to the election
an affidavit stating that the grounds for the deactivation no officer of the city or municipality or province of the list of those
longer exist any time but not later than one hundred twenty who have died in their respective localities.
(120) days before a regular election and ninety (90) days
before a special election.
PETITIONS FOR INCLUSION OR EXCLUSION
The Election Officer shall submit said application to the
Election Registration Board for appropriate action.
In case the application is approved, the Election Officer We said that the remedies for those whose applications have been
shall retrieve the registration record from the inactive file disapproved or those whose application was approved pero suffers
and include the same in the corresponding precinct book of
from lack of disqualification is PETITIONS FOR INCLUSION
voters. Local heads or representatives of political parties
or EXCLUSION.
shall be properly notified on approved applications.
Q: Who has jurisdiction?
Reactivation – is a process wherein a voter files a sworn Sec. 33. Jurisdiction in Inclusion and Exclusion Case. The
statement with the election officer, stating that the grounds for Municipal and Metropolitan Trial Courts shall have
deactivation no longer exists. original and exclusive jurisdiction over all cases of inclusion
and exclusion of voters in their respective cities or
municipalities. Decisions of the Municipal or Metropolitan
For example: 5 years after service of sentence, nag lapse na yung Trial Courts may be appealed by the aggrieved party to the
5 years, then you file a sworn affidavit application for Regional Trial Court within five (5) days from receipt of
reactivation, because you are now allowed to vote; or such other notice thereof. Otherwise, said decision shall become final
grounds. and executory. The regional trial court shall decide the
appeal within ten (10) days from the time it is received and
TAKE NOTE: The period to file with respect to reactivation  the decision shall immediately become final and executory.
It should synchronize prior to the start of the election period – at No motion for reconsideration shall be entertained.
any time not later than:
 120 days before a regular election; and  Municipal and Metropolitan Trial Courts – shall
 90 days before a special election. have original jurisdiction over all cases of inclusion or
exclusion of voters in their respective cities or
Q: What happens now if the ERB approves the application for municipalities. Of course, by express provision, if you
reactivation? would recall, under Section 9 (c ), Section 2, par. 3,
wherein the COMELEC is vested with the power to
The voter’s registration record of the voter shall now be removed
decide all matters relating to elections, except the
from the inactive file and back to the corresponding precinct book
matter with respect to the exercise of the right of
of voters. There is notice also to be given to the local heads or
suffrage, because the question as to whether one should
representatives of political parties.
remain in the list of voters or should be excluded in the
Sec. 29. Cancellation of Registration. - The Board shall list of voters, pertains to the right exercise of suffrage
cancel the registration records of those who have died as which is a justiciable issue, and only the courts have
certified by the Local Civil Registrar. The Local Civil jurisdiction.
Registrar shall submit each month a certified list of persons
who died during the previous month to the Election Officer Illustration:
of the place where the deceased are registered. In the
absence of information concerning the place where the
deceased is registered, the list shall be sent to the Election
Officer of the city or municipality of the deceased's
residence as appearing in his death certificate. In any case,
the Local Civil Registrar shall furnish a copy of this list to
20
©Den
general and limited jurisdiction.”
The court has to rule only that the voter is to be included or

excluded, nothing else.
FT:
Election Law; Voters’ inclusion/exclusion proceedings

essentially involve the issue of whether a petitioner shall be
included in or excluded from the list of voters based on the
qualifications required by law and the facts presented to
show possession of these qualifications; Denial or
cancellation of Certificate of Candidacy proceedings
involve the issue of whether there is a false representation
Panlaqui vs. Commission on Elections, 613 SCRA 573, G.R.
of a material fact.—Voters’ inclusion/exclusion proceedings,
No. 188671 February 24, 2010
on the one hand, essentially involve the issue of whether a
petitioner shall be included in or excluded from the list of
voters based on the qualifications required by law and the facts
This pertains to the nature of petitions for inclusion and
presented to show possession of these qualifications. On the
exclusion.
other hand, COC denial/cancellation proceedings involve the
issue of whether there is a false representation of a material
Held:
fact. The false representation must necessarily pertain not to a
mere innocuous mistake but to a material fact or those that refer
Q: What does these inclusion/exclusion proceedings
to a candidate’s qualifications for elective office. Apart from
involve?
the requirement of materiality, the false representation must
consist of a deliberate attempt to mislead, misinform, or hide a
It involves the issue of whether a voter shall remain or shall be
fact which would otherwise render a candidate ineligible or,
included or excluded from the list of voters, based on the
otherwise stated, with the intention to deceive the electorate as
qualifications required by law. Of course, based on the facts
to the would-be candidate’s qualifications for public office.
presented to show possession of this qualification.
Same; Courts; Regional Trial Courts; Jurisdiction; It is not
Q: Ano ang qualifications?
within the province of the Regional Trial Court in a voter’s
inclusion/exclusion proceedings to take cognizance of and
a.) Age;
determine the presence of a false representation of a
b.) Citizenship; and
material fact.—In the present petition, it is Panlaqui’s turn to
c.) Residency requirement
proffer the novel interpretation that the RTC properly cancelled
Velasco’s COC when it ruled on his right to vote. The Court
In this case the court distinguished the procedure without
rejects the same. It is not within the province of the RTC in a
respect to the filing of a disqualification case, based on
voter’s inclusion/exclusion proceedings to take cognizance of
Sections 78, which is a petition to deny due course to or
and determine the presence of a false representation of a
cancel a certificate of candidacy.
material fact. It has no jurisdiction to try the issues of whether
the misrepresentation relates to material fact and whether there
In an inclusion/exclusion case, it is not within the jurisdiction
was an intention to deceive the electorate in terms of one’s
of the RTC to take cognizance of and determine the presence of
qualifications for public office. The finding that Velasco was
a false representation of material facts. For example, di cya
not qualified to vote due to lack of residency requirement does
resident and he said in the COC na resident cya, should the
not translate into a finding of a deliberate attempt to mislead,
RTC take that into consideration in ruling whether iinclude cya
misinform, or hide a fact which would otherwise render him
or iexclude. Sabi ng SC na the RTC has no jurisdiction to try
ineligible.
the issues of whether the misrepresentation relates to a material
fact and whether there was an intention to deceive the
electorate in terms of one’s qualifications for public office. In
Q: Where should you appeal?
this case, the finding that Velasco was not qualified to vote due
to lack of residency requirement, does not translate into a The same ruling ito sa Canicosa v. COMELEC.
finding of a deliberate attempt to mislead, misinform or hide a
fact, which would otherwise render him ineligible.
Q: Bakit walang jurisdiction and court? Held:

Because in petitions for disqualification, it is the COMELEC Eto naman baliktad where the SC said that it is not within the
that has jurisdiction, in relation to its power under Section 2 (2) power of the COMELEC to rule upon the question of inclusion
which provides that, “The COMELEC exercises exclusive or exclusion from the list of voters.
original jurisdiction over all contests relating to the election,
returns and qualifications of regional, provincial and city
officials, and appellate jurisdiction over municipal and
barangay officials decided by respectively by the courts of
21
©Den
Q: Where do you appeal the decision of the MTC or MTCC? of Quezon City is final and conclusive upon the COMELEC
cannot be sustained. The COMELEC has jurisdiction as
It is appealed to the RTC. provided in Sec. 78, Art. IX of the Omnibus Election Code,
over a petition to deny due course to or cancel certificate of
Q: Within what period? candidacy. In the exercise of the said jurisdiction, it is within
the competence of the COMELEC to determine whether false
Within 5 days from receipt of notice. representation as to material facts was made in the certificate of
candidacy, that will include, among others, the residence of the
Q: Otherwise, what would be the effect? candidate. The determination of the Metropolitan Trial Court of
Quezon City in the exclusion proceedings as to the right of
The decision shall become final and executory. DOMINO to be included or excluded from the list of voters in
the precinct within its territorial jurisdiction, does not preclude
The RTC shall decide the appeal within 10 days from the time it the COMELEC, in the determination of DOMINO’s
received it. The RTC decision shall immediately become final and qualification as a candidate, to pass upon the issue of
executory. No motion for reconsideration (MFR) shall be compliance with the residency requirement.
entertained.
Same; Same; Same; Same; Same; Same; Res Judicata; A
TAKE NOTE: Distinguish this from election protest. Baka decision in an exclusion or inclusion proceeding, even if
minsan you get confused with respect to the period where to final and unappealable, does not acquire the nature of res
appeal. judicata.—The proceedings for the exclusion or inclusion of
voters in the list of voters are summary in character. Thus, the
 ELECTION CONTEST – Appeal to the COMELEC factual findings of the trial court and its resultant conclusions in
not to the RTC. the exclusion proceedings on matters other than the right to
 INCLUSION/EXLCUSION PROCEEDINGS – vote in the precinct within its territorial jurisdiction are not
From MTC appeal to the RTC. The decision of the conclusive upon the COMELEC. Although the court in
RTC shall be final and executory. No MFR shall be inclusion or exclusion proceedings may pass upon any question
entertained. necessary to decide the issue raised including the questions of
citizenship and residence of the challenged voter, the authority
Q: What is to be determined in an inclusion proceeding? What to order the inclusion in or exclusion from the list of voters
is the effect of a decision in an exclusion proceeding? necessarily carries with it the power to inquire into and settle
all matters essential to the exercise of said authority. However,
Domino vs. Commission on Elections, 310 SCRA 546, G.R. except for the right to remain in the list of voters or for being
No. 134015 July 19, 1999 excluded therefrom for the particular election in relation to
which the proceedings had been held, a decision in an
exclusion or inclusion proceeding, even if final and
Held: unappealable, does not acquire the nature of res judicata. In this
sense, it does not operate as a bar to any future action that a
What is to be determined is only the right to remain in the list party may take concerning the subject passed upon in the
of voters or from being excluded therefrom, for the particular proceeding. Thus, a decision in an exclusion proceeding would
election in relation to which the proceeding has been held. A neither be conclusive on the voter’s political status, nor bar
decision in an exclusion proceeding, even if it is final and subsequent proceedings on his right to be registered as a voter
unappealable, does not require the nature of res judicata. A in any other election.
decision in an exclusion proceeding would neither be
conclusive on the voter’s political status nor bar subsequent Same; Same; Same; Same; Same; Same; Jurisdiction; It is
proceedings on his right to be registered as a voter in any not within the competence of the trial court, in exclusion
other election. proceedings, to declare the challenged voter a resident of
another municipality—the jurisdiction of the court is limited
So not res judicata because for all you know, after 3 years, the only to determining the right of the voter to remain in the list of
person already possesses the residency requirement; and voters or to declare that the challenged voter is not qualified to
therefore, whose application as a voter can now be approved. vote in the precinct in which he is registered, specifying the
ground of the voter’s disqualification.—Moreover, the
FT: Metropolitan Trial Court of Quezon City in its 18 January
decision exceeded its jurisdiction when it declared DOMINO a
Election Law; Residence; Actions; Courts; Judgments; resident of the Province of Sarangani, approved and ordered the
Inclusion and Exclusion Proceedings; The determination of transfer of his voter’s registration from Precinct No. 4400-A of
a Metropolitan Trial Court in the exclusion proceedings as Barangay Old Balara, Quezon City to precinct 14A1 of
to the right of a person to be included or excluded from the Barangay Poblacion, Alabel, Sarangani. It is not within the
list of voters in the precinct within its territorial jurisdiction competence of the trial court, in an exclusion proceedings, to
does not preclude the COMELEC, in the determination of declare the challenged voter a resident of another municipality.
such person’s qualification as a candidate, to pass upon the The jurisdiction of the lower court over exclusion cases is
issue of compliance with the residency requirement.—The limited only to determining the right of voter to remain in the
contention of DOMINO that the decision of the Metropolitan list of voters or to declare that the challenged voter is not
Trial Court of Quezon City in the exclusion proceedings qualified to vote in the precinct in which he is registered,
declaring him a resident of the Province of Sarangani and not specifying the ground of the voter’s disqualification. The trial
22
©Den
court has no power to order the change or transfer of Period to file:

registration from one place of residence to another for it is the
function of the election Registration Board as provided under At any time except:
Section 12 of R.A. No. 8189. The only effect of the decision of
the lower court excluding the challenged voter from the list of  One hundred five (105) days prior to a regular election;
voters, is for the Election Registration Board, upon receipt of or
the final decision, to remove the voter’s registration record
from the corresponding book of voters, enter the order of  Seventy-five (75) days prior to a special election.
exclusion therein, and thereafter place the record in the inactive
file. Q: If the decision is for inclusion, what happens?
Same; Same; Same; Same; Same; Same; Res Judicata; A  The board shall place the application of the registration
decision in a Petition for Exclusion filed by the voter previously disapproved in the corresponding book of
himself cannot be considered as basis for the dismissal by voters; and
reason of res judicata of a Petition to Deny Due Course
to/or Cancel Certificate of Candidacy filed by others
 Indicate in the application for registration the date of
against the former, for, as between the first and second
actions, there is no identity of parties, identity of subject the order of inclusion and the court to which issued it.
matter and identity of causes of action.—Finally, the
application of the rule on res judicata is unavailing. Identity of Sec. 35. Petition for Exclusion of Voters from the List. -
parties, subject matter and cause of action are indispensable Any registered voters, representative of a political party or
requirements for the application of said doctrine. Neither herein the Election Officer, may file with the court a sworn
Private Respondents nor INTERVENOR, is a party in the petition for the exclusion of a voter from the permanent list
exclusion proceedings. The Petition for Exclusion was filed by of voters giving the name, address and the precinct of the
DOMINO himself and his wife, praying that he and his wife be challenged voter at any time except one hundred (100) days
excluded from the Voter’s List on the ground of erroneous prior to a regular election or sixty-five (65) days before a
registration while the Petition to Deny Due Course to or Cancel special election. The petition shall be accompanied by proof
Certificate of Candidacy was filed by private respondents of notice to the Board and to the challenged voter and shall
against DOMINO for alleged false representation in his be decided within ten (10) days from its filing.
certificate of candidacy. For the decision to be a basis for the
dismissal by reason of res judicata, it is essential that there If the decision is for the exclusion of the voter from the list,
must be between the first and the second action identity of the Board shall, upon receipt of the final decision, remove
parties, identity of subject matter and identity of causes of the voter's registration record from the corresponding book
action. In the present case, the aforesaid essential requisites are of voters, enter the order of exclusion therein, and
not present. thereafter place the record in the inactive file.
Q: Who can file for exclusion?

Sec. 34. Petition for Inclusion of Voters in the List. - Any
person whose application for registration has been
 Any registered voters
disapproved by the Board or whose name has been stricken
out from the list may file with the court a petition to include  Representative of a political party; or the
his name in the permanent list of voters in his precinct at  Election Officer
any time except one hundred five (105) days prior to a
regular election or seventy-five (75) days prior to a special *For lack of qualification.
election. It shall be supported by a certificate of disapproval
of his application and proof of service of notice of his Q: When to file?
petition upon the Board. The petition shall be decided
within fifteen (15) days after its filing. Mas earlier ito ifile – At any time except:
If the decision is for the inclusion of voters in the  One hundred (100) days prior to a regular election; or
permanent list of voters, the Board shall place the  Sixty-five (65) days before a special election.
application for registration previously disapproved in the
corresponding book of voters and indicate in the Q: What should you attach in the petition?
application for registration the date of the order of
inclusion and the court which issued the same. The petition shall be accompanied by proof of notice to the Board
and to the challenged voter.
Q: Who may file petition for inclusion of voters? Q: Under what period shall the MTC decide the case?
 Any person whose application for registration has been It shall be decided within ten (10) days from its filing.
disapproved by the Board; or
 Whose name has been stricken out from the list may If the order to the Board is for the exclusion of the voter, the Board
shall remove the voter’s registration record from the corresponding
file with the court a petition to include his name in the
permanent list of voters in his precinct.
23
©Den
book of voters, and of course again, enter the order of exclusion Q: Who shall be served of such notice?
therein.
The notice of the place, date and time of the hearing of the petition
Q: Why is the petition for exclusion significant? shall be served upon the:
Akbayan-Youth vs. Commission on Elections, 355 SCRA  Members of the Board, and
318, G.R No. 147066, G.R No. 147179 March 26, 2001  The challenged voter
Q: When to serve such notice?

Held:
Upon the filing of the petition.
“x x x The petition for exclusion is a necessary component to
registration since it is a safety mechanism that gives a measure Q: What shall be referred in the petition?
of protection against flying voters, non-qualified registrants,
and the like. The prohibitive period, on the other hand serves A petition for inclusion or exclusion shall refer to only one (1)
the purpose of securing the voter’s substantive right to be precinct and the ERB shall be impleaded as respondents.
included in the list of voters.”
Q: Are there costs that need to be assessed?
Q: What was the issue in this case?
GENERAL RULE: There shall be no cost to be assessed against
The case here pertains to the AKBAYAN filing a petition with any party.
the COMELEC for an additional 2-day special registration of
new voters. Kase diba earlier, because of the implementation EXC: The court may assess costs if the petition is found to be a
of RA 8189, there is this continuing system of registration, harassment.
pero may cut-off yan – prior to 120 days from the date of the
election. AKBAYAN was contending that there were still Q: Who can intervene?
many young Filipinos of age, that were not able to register.
Any:
Held:
 Voter;
The SC here denied the petition on the grounds of operational  Candidate; or
impossibility kase meron na tayong electoral calendar  Political party affected
activities, naka-set nayan.
*May intervene in the proceedings.
CONTENTION OF AKBAYAN: It is a deprivation of their
right of suffrage and w/n the exercise of the right of suffrage is The decision shall be based on evidence presented and in no case
absolute. rendered upon a stipulation of facts.  Q: What is the
presumption in this instance? If the question is whether or not
The SC said that the right of suffrage is not absolute as in the the voter is real or fictitious, his non-appearance during the hearing
enjoyment of all other rights, because it is subject to existing shall be considered prima facie evidence that the challenged voter
substantive and procedural requirements embodied under our
is fictitious.
Constitution, other statutes and other repositories of the law.
Under 8189, there is a limitation or prohibition with respect to Q: When shall petitions be heard and decided?
the registration – that no registration shall however be
conducted, during the period starting 120 days before a regular Petitions shall be heard and decided within 10 days from the date
election and 90 days before a special election. So sabi ng of its filing. Cases appealed to the RTC shall be decided within 10
COMELEC: “But if the law can be amended, why not?” Pero
days upon receipt of the appeal. In all cases, the court shall
di na ma-amend because of this restriction, there is now this
decide these petitions not later than 15 days before the election,
operational impossibility to conduct another registration date.
Mawawala na yung essence/significance of an exclusion and the decision shall become final and executory, as provided
proceeding. under RA 8189.
Therefore, the exercise of the right of suffrage is not absolute. SUMMARY:

It is subject to substantive requirements and procedural rules.
1.) The petition shall be filed during office hours.
COMMON RULES GOVERNING JUDICIAL
PROCEEDINGS IN THE MATTER OF INCLUSION, 2.) The notice of the place, date and time of the hearing
EXCLUSION AND CORRECTION OF THE NAMES OF of the petition shall be served upon the:
VOTERS
 Members of the Board, and
Q: When to file?  The challenged voter
The petition shall be filed during office hours. 3.) Notice shall be served upon the filing of such
petition.
24
©Den
LOCAL ABSENTEE VOTING ACT

4.) A petition for inclusion or exclusion shall refer to
only one (1) precinct and the ERB shall be
impleaded as respondents.
A local absentee voting is based on Sec. 12 of RA 7166 otherwise
5.) GENERAL RULE: There shall be no cost to be known as an Act Authorizing the Synchronization of National
assessed against any party. and Local Elections.
EXC: The court may assess costs if the petition is SEC. 12. Absentee Voting. — Absentee voting as provided
found to be a harassment. for in Executive Order No. 157 dated March 30, 1987 shall
apply to the elections for President, Vice-President and
6.) Any: Senators only and shall be limited to members of the
Armed Forces of the Philippines and the Philippine
 Voter; National Police and other government officers and
 Candidate; or employees who are duly registered voters and who, on
 Political party affected election day, may temporarily be assigned in connection
with the performance of election duties to places where they
*May intervene in the proceedings. are not registered voters.
7.) The decision shall be based on evidence presented

and in no case rendered upon a stipulation of facts. Q: To whom is local absentee voting available?
 Q: What is the presumption in this instance?
If the question is whether or not the voter is real or Those who in the performance of their election duties or election
fictitious, his non-appearance during the hearing day, are stationed in places other than the place where they are
shall be considered prima facie evidence that the registered, are allowed to vote in their place of work.
challenged voter is fictitious.
Q: Who are these people who are allowed to vote in their place
8.) Petitions shall be heard and decided within 10 days of work before the date of the election?
from the date of its filing. Cases appealed to the
RTC shall be decided within 10 days upon receipt The following are entitled to avail of the local absentee voting:
of the appeal. In all cases, the court shall decide
these petitions not later than 15 days before the 1.) Gov’t officials and employees;
election, and the decision shall become final and 2.) Members of the AFP and the PNP;
executory, as provided under RA 8189. 3.) Gov’t officials and employees who are posted abroad to
perform election duties on election day  Q: What is
the requirement? Provided that they are registered
Considering your names once approved as a voter, you remain in voters under RA 8189 and not registered overseas
the permanent list of voters. absentee voters under RA 9189.
GENERAL RULE: The names in the book of voters are RA 10380 is known as the Local Absentee Voting for Media Act.
permanent.
The law now allows media practitioners to vote on specified days,
Q: Under what circumstances can there be change in the earlier on election day. Even on election day, they are assigned to
list/book of voters? cover election events away from their place of registration as
voters, they would nonetheless have the opportunity to cast their
Changes may occur:
votes.
1.) When there are new voters/applicants whose
Q: Who are included?
application for registration has been approved (Section
8); They include:
2.) When there is a change in the address of the voter –
whether it is of the same municipality, locality or to 1.) Technical and support staff who are actively engaged in
another city or municipality (Sections 12 & 13); the pursuit of info gathering in any matter or form but
3.) If a registration is deactivated (nalipat sa inactive file) not limited to the ff. also:
or reactivated, as the cause for the deactivation no
longer exists (Sections 27 & 28); a. Print journalist;
4.) Registration is cancelled (Section 29); b. Television journalist;
5.) The voter’s name is added or removed pursuant to a c. Photo journalist;
judicial order/action under petitions for inclusion or d. Online journalist;
exclusion; and e. Radio journalist;
6.) The book of voters is annulled by the COMELEC. f. Documentary makers;
g. Television and radio production
25
©Den
Q: What is the limitation here? Sino ln gang pwede nilang the immigrant or permanent resident from the National
botohin? Registry of Absentee Voters and his/her permanent
disqualification to vote in absentia.
Those entitled to avail of local absentee voting shall only be
allowed to vote for:
Q: What is the scope of overseas absentee voting?
 President;
 Vice President; Sec. 4. Coverage. - All citizens of the Philippines abroad,
 Senators; and who are not otherwise disqualified by law, at least eighteen
(18) years of age on the day of elections, may vote for
 Party-list representatives
president, vice-president, senators and party-list
representatives.
Q: Can the application for local absentee voting be
disapproved? What are the grounds that it can be
disapproved? Just take note of the disqualifications under Section 5:
The following are the grounds where the application for local
Sec. 5. Disqualifications. - The following shall be
absentee voting may be disapproved: disqualified from voting under this Act:
1.) If the applicant is not a registered voter or his Those who have lost their Filipino citizenship in accordance
registration records has been deactivated and he has not with Philippine laws;
filed for a reactivation, he cannot exercise that right;
2.) It was filed out of time – because there is a period Those who have expressly renounced their Philippine
within which you will file in order to avail of the local citizenship and who have pledged allegiance to a foreign
absentee voting; or country;
3.) It was not sworn to or otherwise, not under oath by any
person authorize to administer oath; Those who have committed and are convicted in a final
4.) It was only photocopied or faxed – di cya original; judgment by a court or tribunal of an offense punishable by
5.) The certificate portion of the application form is not imprisonment of not less than one (1) year, including those
duly accomplished. who have committed and been found guilty of Disloyalty as
defined under Article 137 of the Revised Penal Code, such
OVERSEAS ABSENTEE VOTING ACT amnesty; Provided, however, That any person disqualified
to vote under this subsection shall automatically acquire the
right to vote upon expiration of five (5) years after service
of sentence; Provided, further, That the Commission may
This is under RA 9189. take cognizance of final judgments issued by foreign courts
or tribunals only on the basis of reciprocity and subject to
Earlier we said, registration of voters is extended to both domestic the formalities and processes prescribed by the Rules of
and overseas. Ito na yung overseas. Court on execution of judgments;
Q: Who can avail? An immigrant or a permanent resident who is recognized as

such in the host country, unless he/she executes, upon
Filipino citizens who are overseas workers, immigrants or registration, an affidavit prepared for the purpose by the
permanent residents in other countries may vote in the Philippine Commission declaring that he/she shall resume actual
national elections when they are away from the country on the day physical permanent residence in the Philippines not later
than three (3) years from approval of his/her registration
of elections.
under this Act. Such affidavit shall also state that he/she
Prior to the amendment, it further provided that the case of has not applied for citizenship in another country. Failure
to return shall be the cause for the removal of the name of
immigrants or permanent residents, they are required to file a
the immigrant or permanent resident from the National
sworn statement that they will resume actual physical residence Registry of Absentee Voters and his/her permanent
within 3 years from the approval of their registration under disqualification to vote in absentia.
Section 5 (d).
Any citizen of the Philippines abroad previously declared
An immigrant or a permanent resident who is recognized as insane or incompetent by competent authority in the
such in the host country, unless he/she executes, upon Philippines or abroad, as verified by the Philippine
registration, an affidavit prepared for the purpose by the embassies, consulates or foreign service establishments
Commission declaring that he/she shall resume actual concerned, unless such competent authority subsequently
physical permanent residence in the Philippines not later certifies that such person is no longer insane or
than three (3) years from approval of his/her registration incompetent.
under this Act. Such affidavit shall also state that he/she
has not applied for citizenship in another country. Failure
to return shall be the cause for the removal of the name of Q: How are the ballots cast?
26
©Den
The overseas absentee voter shall cast his ballot, upon presentation The SC justified the execution of the affidavit.
of the absentee voter identification card issued by the Commission,
within thirty (30) days before the day of elections. In the case of Q: Why is the affidavit required?
seafarers, they shall cast their ballots anytime within sixty (60)
days before the day of elections as prescribed in the It is required of immigrants and permanent residents,
Implementing Rules and Guidelines. because of their status in their host countries, they are
presumed to have relinquished their intent to return to this
As to counting of ballots: country. Therefore, without the execution of the affidavit, the
presumption of abandonment of Philippine domicile shall
18.3. Only ballots cast on, or received by the embassies, remain.
consulates and other foreign service establishments before
the close of voting on the day of elections shall be included NOTE: This has already been amended. Now, di na
in the counting of votes. Those received afterwards shall not kailangan yung affidavit.
be counted.
Nicolas-Lewis vs.Commission on Election, 497 SCRA 649,

Sec. 18. On-Site Counting and Canvassing. - G.R. No. 162759 August 4, 2006
18.1. The counting and canvassing of votes shall be Facts:

conducted on site in the country where the votes were
actually cast. The opening of the specially-marked Dual citizens were refused by COMELEC to register and vote
envelopes containing the ballots and the counting and in the 2004 Philippine elections.
canvassing of votes shall be conducted within the premises
of the embassies, consulates and other foreign service Held:
establishments or in such other places as may be designated
by the Commission pursuant to the Implementing Rules There is no provision in the dual citizenship law or RA 9244
and Regulations. The Commission shall ensure that the requiring duals to actually establish residence and physical stay
start of counting in all polling places abroad shall be in the Philippines before they can exercise their right to vote.
synchronized with the start of counting in the Philippines. The ruling here established a precedent that dual citizens can
register and vote without establishing residence in the
Philippines.
Q: Who composes the Special Board of Election Inspectors
(SBEI)? FT:
It is composed of a Chairman and 2 members as distinguished Citizenship; Citizenship Retention and Re-Acquisition Act
from the Board of Canvassers in the domestic local election. of 2003 (R.A. No. 9225); Overseas Absentee Voting Act of
2003 (R.A. No. 9189); Suffrage; There is no provision in the
 Ambassador/Consul-General/Career Public Officer dual citizenship law—R.A. 9225—requiring “duals” to
actually establish residence and physically stay in the
designated by the COMELEC – Chairman
Philippines first before they can exercise the right to vote—on
 In the absence of gov’t officers, 2 Filipino citizens the contrary, R.A. 9225, in implicit acknowledgment that
qualified to vote under this act shall be deputized as “duals” are most likely non-residents, grants under its Section
members. 5(1) the same right of suffrage as that granted an absentee voter
under R.A. 9189.—There is no provision in the dual citizenship
Immediately after the counting, the Special Board of Election law—R.A. 9225—requiring “duals” to actually establish
Inspectors shall transmit by fax or electronic mail the results to the residence and physically stay in the Philippines first before they
COMELEC and the accredited major political parties. can exercise their right to vote. On the contrary, R.A. 9225, in
implicit acknowledgment that “duals” are most likely non-
Meron ding Special Board of Canvassers (SBOC) for purposes of residents, grants under its Section 5(1) the same right of
canvassing under the Overseas Absentee Voting Act. suffrage as that granted an absentee voter under R.A. 9189. It
cannot be overemphasized that R.A. 9189 aims, in essence, to
RA 9189 was subjected to an amendment in 2013, under RA enfranchise as much as possible all overseas Filipinos who,
10590 which was signed on May 27, 2013 or 10 years after, save for the residency requirements exacted of an ordinary
amending the Overseas Act of 2003. With the passage of the law, voter under ordinary conditions, are qualified to vote.
a Filipino immigrant abroad, will no longer need to execute an
affidavit stating that they will return to the Philippines within 3 Suffrage; Citizenship Retention and Re-acquisition Act of
years before they are allowed to vote. 2003 (R.A. No. 9225); Overseas Absentee Voting act of 2003
(R.A. 9189); Considering the unison intent of the
Macalintal vs. Commission on Elections, 405 SCRA 614, Constitution and R.A. 9189 and the expansion of the scope
G.R. No. 157013 July 10, 2003 of that law with the passage of R.A. 9225, the irresistible
conclusion is that “duals” may now exercise the right of
suffrage thru the absentee voting scheme and as overseas
Held: absentee voters.—Considering the unison intent of the
Constitution and R.A. 9189 and the expansion of the scope of
27
©Den
that law with the passage of R.A. 9225, the irresistible 1.) Confined in jail, formally charged for any crime
conclusion is that “duals” may now exercise the right of awaiting or undergoing trial; or
suffrage thru the absentee voting scheme and as overseas 2.) Serving a sentence of imprisonment for less than 1
absentee voters. R.A. 9189 defines the terms adverted to in the year; or
following wise: “Absentee Voting” refers to the process by 3.) Those convicted of a crime involving disloyalty to the
which qualified citizens of the Philippines abroad exercise their duly constituted government or any crime against
right to vote; “Overseas Absentee Voter” refers to a citizen of national security is on appeal.
the Philippines who is qualified to register and vote under this
Act, not otherwise disqualified by law, who is abroad on the Q: What are the rules on detainee registration and voting?
day of elections.
To implement the right of suffrage of persons deprived of their
Same; Same; Same; The Court notes that the expanded liberty, the COMELEC laid down the rules and regulations on
thrust of R.A. 9189 extends also to what might be tagged as
detainee registration and voting, in connection with the May 2013
the next generation of “duals”; If the next generation of
national and local elections under COMELEC resolution 9371.
“duals” may nonetheless avail themselves the right to enjoy
full civil and political rights under Section 5 of the Act, then
Q: Who may register?
there is neither rhyme nor reason why the petitioners and
other present day “duals,” provided they meet the 1.) Detainees who shall be 18 y.o. of age on the day of the
requirements under Section 1, Article V of the Constitution
election; and/or
in relation to R.A. 9189, be denied the right of suffrage as
2.) Committed inside the detention center for at least 6
an overseas absentee voter.—While perhaps not
determinative of the issue tendered herein, we note that the months immediately preceding the election
expanded thrust of R.A. 9189 extends also to what might be tag
as the next generation of “duals.” This may be deduced from *May register as a voter.
the inclusion of the provision on derivative citizenship in R.A.
Q: What about those who are already registered?
9225 which reads: SEC. 4. Derivative Citizenship.—The
unmarried child, whether legitimate, illegitimate or adopted,
Detainees who are already registered may apply for transfer of
below eighteen (18) years of age, of those who re-acquire
registration records.
Philippine citizenship upon effectivity of this Act shall be
deemed citizens of the Philippines. It is very likely that a
Q: How do they apply?
considerable number of those unmarried children below
eighteen (18) years of age had never set foot in the Philippines.
For this purpose, satellite registrations shall be conducted in
Now then, if the next generation of “duals” may nonetheless
detention centers, jails by the concerned election officer. The
avail themselves the right to enjoy full civil and political rights
under Section 5 of the Act, then there is neither no rhyme nor election officer shall coordinate 1st with the jail warden in the
reason why the petitioners and other present day “duals,” provincial/city/municipal jail or other correctional rehabilitation
provided they meet the requirements under Section 1, Article V detention centers, to determine qualified applicant detainees and to
of the Constitution in relation to R.A. 9189, be denied the right ensure maximum security of COMELEC personnel and the voter-
of suffrage as an overseas absentee voter. Congress could not registration machine to be used.
have plausibly intended such absurd situation.
Q: Who may vote?
Following the 2006 ruling, although sa 2013 na-amend na cya, On election day, detainees who can vote are those who are:
provision in the amended law is inserted under 10590, provided for
the mandates for the creation of a Resident Election Registration 1.) Registered; and
Board. The specific provision is a new insertion that 2.) Whose registration record is not transferred,
institutionalized the overseas voting system by creating an office deactivated, cancelled or deleted
within the COMELEC exclusively for overseas voting. The
Q: How do they vote?
amendment also empowers the COMELEC to attain the most
effective an innovative way of using advanced technology in They can vote either through:
enfranchising Filipinos overseas without compromising the
secrecy and sanctity of the electoral process. 1.) Special polling place inside the jails; or kung wala
2.) Through escorted voting
DETAINEE VOTING A special polling places shall be established in detention centers,

jail facility with at least 50 registered detainee voters which shall
be manned with the Special Board of Election Inspectors (SBEI)
Q: Who are considered detainees? *A Special Board of Election Inspectors shall be created especially
for this purpose.
Detainees, refers to a person who are:
Q: Paano kung less than 50?
28
©Den
Di mag-establish ng voting centers doon. manifestation to participate under the party list system which
has not withdrawn or which has not been disqualified before
Q: How is an escorted detainee availed of (yung iescort yung the start of the campaign period.
mga preso in the voting centers)?
If there are no special polling place established in the detention COMELEC Resolution 9615 adopted a broader definition of the
center/jail/if the detainee voter is a registered voter of the term “candidate” for the May 13, 2013 elections that would
municipality/city other than the town/city of detention, the detainee include PARTY LIST in all the above definitions. Eto yung sabi
may avail of the escorted detainee voting. na natin na clarified under 7941 and RA 9369.
Q: What is the requirement?

QUALIFICATIONS
Provided that they are able to obtain court orders allowing them
to vote in the polling place where they are registered and it is
logically feasible on the part of the jail-prison administration to
escort the detainee voter. Reasonable measures shall be undertaken POSITION QUALIFICATIONS
to secure the safety of the detainee-voters, prevent their escape and
ensure public safety.  There is still a need to apply with the President No person may be elected President
courts for them to avail of the escorted detainee voting. unless he is a:
Q: Merong rin bang campaign in the prison?  Natural-born citizen of the

Philippines,
During the campaign period, candidates shall also be allowed to  A registered voter,
campaign inside the detention centers, subject to the existing  Able to read and write,
rules and regulations of the Bureau of Jail Management and  At least forty years of age on
Protection (BJMP) and the COMELEC. the day of the election, and
 A resident of the Philippines
for at least ten years
immediately preceding such
election.
RULES ON CANDIDACY
(Eligibility of Candidates) Vice President No person may be elected Vice
President unless he is a:
 Natural-born citizen of the

Q: How do you define candidate? Philippines,
 A registered voter,
CANDIDATE – it refers to any person aspiring or seeking an  Able to read and write,
elective public office who has filed a certificate of candidacy  At least forty years of age on
(COC) by himself or through an accredited political party, the day of the election, and
aggroupment or coalition of parties.
 A resident of the Philippines
for at least ten years
immediately preceding such
The definition of candidate here has been expanded and clarified
election.
under RA 7941 (Party-list Law) and RA 9369 (The Automated
Election System Law). (Same with the qualifications for Vice
President)
Definition of candidate under the Automated Election System
Law (AES):
Senators The qualifications to become a
CANDIDATE – Any person seeking for or seeking an elective senator, as stipulated in the
public office who has filed his COC and who has not died or constitution, are:
withdrawn or otherwise disqualified before the start of the
campaign period for which he filed his COC and provided  a natural-born citizen of the
that, unlawful acts or omissions applicable to candidate Philippines;
shall take effect only upon the start of the aforesaid
 at least thirty-five years old;
campaign period. (Under COMELEC resolution 8678).
 is able to read and write
 a registered voter; and
Under the party list system (kase amended under 7941:  a resident of the Philippines
for not less than two years
CANDIDATE – Refers to any registered national, regional or before election day
sectoral party, organization or coalition thereof that has filed a
Members of the Meanwhile, the constitution provides
29
©Den
House of for the following criteria to become a

Representative member of the House of *At least 18 years old for
Representatives: members of the sangguniang
panglungsod, sangguniang
 a natural-born citizen of the bayan and sangguniang
Philippines; barangay and punong
 at least twenty-five years old; barangay;
 is able to read and write; and
 except the party-list *At least 15 years old and not
representatives, a registered more than 21 years of age for
voter and a resident for at Sangguniang kabataan.
least one year in the district
where s/he shall be elected.  Able to read and write
Filipino or any other local
Members of the No person shall be nominated as language or dialect
Party List party-list representative unless he is a:
 Registered voter in the
 natural born citizen of the constituency in the locality
Philippines,
 a registered voter,  Resident thereof for a period
 a resident of the Philippines of not less than 1 year
for a period of not less than immediately preceding the
one (1) year immediately day of the election
preceding the day of the
election,
 able to read and write, TAKE NOTE: What is common to these offices.
 bona fide member of the
Voluntary renunciation of office for any length of time shall not
party or organization which
he seeks to represent for at be considered as an interruption in the continuity of the service for
least ninety (90) days the full-term for which they were elected.
preceding the day of the
election, and
 is at least twenty-five (25) CERTIFATE OF CANDIDACY
years of age on the day of the
election.
 In case of a nominee of the
Even if you possess all the qualifications and none of the
youth sector, he must at least
be twenty-five (25) but not disqualifications, you still cannot run for public office if you have
more than thirty (30) years of not filed your COC.
age on the day of the election.
Under the MANUAL SYSTEM:
*Any youth sectoral
representative who attains
the age of thirty during his Q: When should the COC be filed?
term shall be allowed to
continue until the expiration It shall be filed on any day from the commencement of the election
of his term. period but not later than the day before the beginning of the
campaign period. Provided that, in cases of postponement or
Local officials  Citizen of the Philippines failure of elections under Section 5 and 6 of B.P. Blg. 881, no
additional certificate of candidacy shall be accepted, except in
 On the day of election at least cases of substitution of candidates as provided under Section 77.
*23 years old for Governor, The COC under 7166 naman, must be filed not later than the day
Vice-Governor, member of before the date for the beginning of the campaign period.
sangguniang panlalawigan,
mayor, vice-mayor, Under the AUTOMATED ELECTION SYSTEM:
sangguniang panglungsod in
highly urbanized cities;
Q: Under the AES, when should the COC be filed?
*While at least 21 years old
for the said officials in 9369 provides, for this purpose, the COMELEC shall set a
component cities and deadline for the filing of the COC, Petition for Registration or
municipalities; Petition for Manifestation to Participate in the Election. It is the
30
©Den
COMELEC who will set the deadline. Any person who files his Q: What is the effect of filing multiple COCs? (Probably the
COC within this period shall only be considered as a candidate at candidate cannot decide anong position, so 2 position ang gi-
the start of the campaign period for which he filed his COC. file niya)
Provided that, unlawful acts or omissions applicable to a candidate,
shall effect only upon the start of the said campaign period. No person shall be eligible for more than one office to be filed in
This provision repeals Section 11 of RA 8436 which provides for the same election. But if he files his COC for more than 1 office,
this purpose the deadline of filing of the COC for registration, he will not be eligible for any of them.
manifestation to participate in the election, shall not be later than
120 days before the election  Amended na ito by 9369. It is now Q: Pwede nya ba icorrect? Pwede nya ba iwithdraw?
the COMELEC who sets. Usually diba, before December, in a
The candidate can withdraw his COC.
certain date in November, the COMELEC will already set a
deadline for the filing of the COC. However, they will only be Q: When?
considered a candidate at the start of the campaign period. Hindi
pa sila considered candidate at the time that the COMELEC Before the expiration of the period for the filing of the COCs and
required them to file the COC. the person who has filed more than 1 COC may submit a written
declaration under oath, the office for which he desires to be
Q: Bakit yung early filing under the AES? eligible and cancel the COC for the other office/s.
Kasi kailangan kailangan ang mga pangalan nila dun sa official Q: It can be withdrawn through what?
ballot. Kase sabi natin, the premature campaigning may take place
if candidate kana and nag campaign ka outside the campaign a WRITTEN DECLARATION UNDER OATH of the position
period. Ito di pa sila considered candidate for that purpose. for which he desires to be eligible.
Q: When is a candidate eligible to run for public office? Q: Where should you file the affidavit of the withdrawal of the
COC?
When they file a sworn COC within the period fixed therein.
You can file it in any of the field offices of COMELEC.
Sinaca vs. Mula, 315 SCRA 266, G.R. No. 135691
September 27, 1999 Go vs. Commission on Elections, 357 SCRA 739, G.R. No.
147741 May 10, 2001
Q: Ano ba ang nature ng COC?
Same; Same; A certificate of candidacy is in the nature of a Held:

formal manifestation to the whole world of the candidate’s
political creed or lack of political creed.—A certificate of There is nothing that mandates that affidavit of withdrawal
candidacy is in the nature of a formal manifestation to the must be filed with the same office where the COC was filed.
whole world of the candidate’s political creed or lack of Thus, it can be filed:
political creed. It is a statement of a person seeking to run for a  Directly with the main office of the COMELEC;
public office certifying that he announces his candidacy for the  The Office of the Regional Election Supervisor
office mentioned and that he is eligible for the office, the name concerned;
of the political party to which he belongs, if he belongs to any,  The Office of the Provincial Election Supervisor of
and his post-office address for all election purposes being as the province to which the municipality involved
well stated. belongs; or
 The Office of the Municipal Election Officer of the
said municipality
Coquilla vs. Commission on Elections, 385 SCRA 607, G.R.
No. 151914 July 31, 2002
Villanueva vs. Commission on Elections, 140 SCRA 352,
No. L-54718 December 4, 1985
A certificate which did not indicate the position for which the
candidate is running may be correct. Q: Ano yung effect ng withdrawal not made under oath?
Q: So blank yung position, pwede ba ma-correct? The withdrawal of a COC not made under oath produces no
effect. For all intents and purposes, the withdrawing candidate
Pwede daw sabi ng SC. remains a candidate.
The SC ruling on the effectiveness of the amended COC filed
to correct the defect declare that the filing of an amended COC Pilar vs. Commission on Elections, 245 SCRA 759, G.R. No.
even after the deadline, but before the election was substantial 115245 July 11, 1995
compliance with the law which cure the defect. A COC MAY
BE AMENDED.
Q: What is the effect of your withdrawing? (Ayaw mona
mag candidate)
31
©Den
We have to take into consideration the effects based on Section 66

The withdrawal of a COC does not extinguish one’s liability and 67.
for the administrative fine imposed by Section 14 of RA
7166, which requires every candidate to file a true statement of Section 66 of the OEC pertains to the effects if an appointive
all contributions and expenditures in connection with the official files a COC.
elections.
Sec. 66. Candidates holding appointive office or positions. -
Any person holding a public appointive office or position,
including active members of the Armed Forces of the
EFFECTS OF FILING CERTIFICATES OF Philippines, and officers and employees in government-
CANDIDACY owned or controlled corporations, shall be considered ipso
facto resigned from his office upon the filing of his
certificate of candidacy.
Talaga vs. Commission on Elections, 683 SCRA 197, G.R. Q: What is the effect?
No. 196804 October 9, 2012
The official is considered resigned upon the filing of the COC and
Facts: the forfeiture is automatic. We learned that the operative act is the
moment of filing which shall render the appointive official
The SC here gave the rationale for filing a COC within a period resigned.
of time. As we discussed, there is a period within which a COC
is filed. Under the AES, we said that the COC is filed earlier, Nicolasora v. CSC and
although one is not yet considered a candidate at the time of the
filing of the candidacy. The purpose of which is to be able to Held:
get all the names of the candidates for purposes of printing
the names in the official ballots. Section 66 is also applicable to employees of GOCCs and may
constitute as a just cause for the termination of employment, in
Held: addition to those as set forth under the Labor Code.
The evident purpose of the requirement for the filing of the FT:
COC and in the fixing of time for filing them, are:
1.) To enable the voters to know at least 60 days prior

to the regular elections the candidates among to TAKE NOTE: Section 66 of the OEC is repealed by RA 9369 of
whom they are to make a choice; and the Automated Election System Law, which provides that:
2.) To avoid confusion and inconvenience in the Xxx any person holding a public appointive office or
tabulation of the votes cast. position, including active members of the armed forces, and
officers and employees in government-owned or -controlled
Because if the law does not confine to the duly-registered corporations, shall be considered ipso facto resigned from
candidates, there could be as many persons voted for as there his/her office and must vacate the same at the start of the
are voters. The votes cast may be even for unknown or day of the filing of his/her certificate of candidacy4.
fictitious persons, which could be a mark to identify the votes
in favor of a candidate for another office in the same elections.
o BP 881 – He’s deemed resigned;
FT: o RA 9369 – It already stated that the office should be
vacated at the time of the filing of the COC 
Election Law; Certificates of Candidacy; Purposes of the
Considered resigned already and has to vacate.
Requirement for the Filing of Certificates of Candidacy and
in Fixing the Time Limit for Filing Them.—The evident
Sec. 67. Candidates holding elective office. - Any elective
purposes of the requirement for the filing of CoCs and in fixing
official, whether national or local, running for any office
the time limit for filing them are, namely: (a) to enable the
other than the one which he is holding in a permanent
voters to know, at least 60 days prior to the regular election, the
capacity, except for President and Vice-President, shall be
candidates from among whom they are to make the choice; and
considered ipso facto resigned from his office upon the
(b) to avoid confusion and inconvenience in the tabulation of
filing of his certificate of candidacy.
the votes cast. If the law does not confine to the duly-registered
candidates the choice by the voters, there may be as many
persons voted for as there are voters, and votes may be cast
This refers to ELECTIVE OFFICIALS.
even for unknown or fictitious persons as a mark to identify the
votes in favor of a candidate for another office in the same
election.
4
This is the amendment.
32
©Den
The distinction between the old law and the amendment. The
elective official is considered resigned upon the expiration of his
term. That is the provision of Section 14 of RA 9006: Quinto vs. Commission on Elections, 606 SCRA 258, G.R.
No. 189698 December 1, 2009
Section 14. Repealing Clause. - Section 67 and 85 of the
Omnibus Election Code (Batas Pambansa Bldg. 881) and Facts:
Sections 10 and 11 of Republic Act No. 6646 are hereby
repealed. As a consequence, the first proviso in the third The SC made a distinction between an appointive and elective
paragraph of Section 11 of Republic Act No. 8436 is official.
rendered ineffective. All laws, presidential decrees,
executive orders, rules and regulations, or any part thereof o Appointive – ipso facto resigned
inconsistent with the provisions of this Act are hereby o Elective – are only resigned upon the expiration of
repealed or modified or amended accordingly. his/her term.
Q: Why is there a discrimination?

Kase yung earlier, upon the filing of his COC, they are considered
resigned. However, in the amendment, that are only considered Held:
resigned upon the expiration of their term. Therefore, there is no
need for them to rush upon the deadline to file the COC. They can A substantial distinction exists between elective officials and
file earlier if they desire, because they are not considered resigned appointive officials insofar as the effect of the filing of the
if they are running for a position other than the one that they are COC is concerned.
holding in a permanent capacity.
Q: Why?
Sinaca vs. Mula, 315 SCRA 266, G.R. No. 135691
o Elective – occupy their office by virtue of the
September 27, 1999
mandate of the electorate. They are elected to an
Held: office for a definite term and may be removed
therefrom only upon stringent conditions.
The provisions of the election law regarding COC such as the
signing, swearing as well as the info required to be stated o Appointive – They hold their office by virtue of
therein, are considered mandatory prior to the elections. designation thereto by an appointing authority or
However, thereafter, they are regarded as merely directory, if they hold their tenure at the pleasure of the
it would deprive the voters of the votes cast. appointing authority.
FT: FT:
Same; Same; With respect to election laws, it is an Same; Same; The differential treatment of persons holding
established rule of interpretation that mandatory appointive offices as opposed to those holding elective ones
provisions requiring certain steps before election will be is not germane to the purposes of the law.—Applying the
construed as directory after the elections, to give effect to four requisites to the instant case, the Court finds that the
the will of the electorate.—It has been held that the provisions differential treatment of persons holding appointive offices as
of the election law regarding certificates of candidacy, such as opposed to those holding elective ones is not germane to the
signing and swearing on the same, as well as the information purposes of the law. The obvious reason for the challenged
required to be stated therein, are considered mandatory prior to provision is to prevent the use of a governmental position to
the elections. Thereafter, they are regarded as merely directory. promote one’s candidacy, or even to wield a dangerous or
With respect to election laws, it is an established rule of coercive influence on the electorate. The measure is further
interpretation that mandatory provisions requiring certain steps aimed at promoting the efficiency, integrity, and discipline of
before election will be construed as directory after the the public service by eliminating the danger that the discharge
elections, to give effect to the will of the electorate. Thus, even of official duty would be motivated by political considerations
if the certificate of candidacy was not duly signed or if it does rather than the welfare of the public. The restriction is also
not contain the required data, the proclamation of the candidate justified by the proposition that the entry of civil servants to the
as winner may not be nullified on such ground. The defects in electoral arena, while still in office, could result in neglect or
the certificate should have been questioned before the election; inefficiency in the performance of duty because they would be
they may not be questioned after the election without attending to their campaign rather than to their office work.
invalidating the will of the electorate, which should not be
done. In Guzman v. Board of Canvassers, the Court held that
the “will of the people cannot be frustrated by a technicality
that the certificate of candidacy had not been properly sworn to. SUBSTITUTION OF CANDIDATES
This legal provision is mandatory and non-compliance
therewith before the election would be fatal to the status of the
candidate before the electorate, but after the people have
expressed their will, the result of the election cannot be Sec. 77. Candidates in case of death, disqualification or
defeated by the fact that the candidate has not sworn to his withdrawal of another. - If after the last day for the filing of
certificate of candidacy.” certificates of candidacy, an official candidate of a
33
©Den
registered or accredited political party dies, withdraws or is Rulloda vs. Commission on Elections, 395 SCRA 535, G.R.
disqualified for any cause, only a person belonging to, and No. 154198 January 20, 2003
certified by, the same political party may file a certificate of
candidacy to replace the candidate who died, withdrew or Facts:
was disqualified. The substitute candidate nominated by the
political party concerned may file his certificate of This pertains to the position of punong barangay. Rulloda here
candidacy for the office affected in accordance with the substituted her husband who was running for punong barangay,
preceding sections not later than mid-day of the day of the kase the husband died. Rulloda won. The issue raised against
election. If the death, withdrawal or disqualification should her was that there is no provision in the law which provided for
occur between the day before the election and mid-day of substitution, unlike in regular elections.
election day, said certificate may be filed with any board of
election inspectors in the political subdivision where he is a Held:
candidate, or, in the case of candidates to be voted for by
the entire electorate of the country, with the Commission The absence of a specific provision governing substitution of
candidates in barangay elections cannot be inferred as a
prohibition against said substitution. The SC rationalized
Q: Pwede bang mag-substitute? that such a restrictive construction cannot be read into the
law where the same is not written. In fact, there is more
Yes, in case of: reason to allow substitution of candidates, where no political
parties are involved than where political considerations or
o Death; party affiliations wring a fact that must have been subsumed
o Disqualification; or by law.
o Withdrawal of another
FT:
Q: When should the substitution be made?
Same; Same; Substitution of Candidates; The absence of a
o AFTER the last day for the filing of the COC – An specific provision governing substitution of candidates in
official candidate of a registered or accredited political barangay elections can not be inferred as a prohibition
party dies or withdraws or is disqualified for any cause, against said substitution, a restrictive construction which
cannot be read into the law where the same is not written.
only a person belonging to and certified by the same
—Contrary to respondent’s claim, the absence of a specific
political party may file a COC to replace the candidate
provision governing substitution of candidates in barangay
who died, withdrew or was disqualified. The substitute elections can not be inferred as a prohibition against said
candidate, clearly must be nominated by the party substitution. Such a restrictive construction cannot be read into
concerned; and may file his COC for the office the law where the same is not written. Indeed, there is more
affected, in accordance with the preceding Section, not reason to allow the substitution of candidates where no political
later than midday on the day of the election. parties are involved than when political considerations or party
affiliations reign, a fact that must have been subsumed by law.
o If the death, withdrawal or disqualification (DWD)
should occur the day before the election and midday Miranda vs. Abaya, 311 SCRA 617, G.R. No. 136351 July
of election day, said certificate may be filed with: 28, 1999
 The BEI in the political subdivision where Facts:

he is a candidate; or
Na-disqualify si Miranda because yung COC nya was declared
 In case of candidates to be voted for by the as null and void.
entire electorate of the country, they should
file the COC with the COMELEC. Held:
Substitution is not allowed if COC of the substituted was

o Under Section 77, a valid COC is an indispensable
cancelled because he was running for the 4 th consecutive term.
requisite in case of substitution of a disqualified One of the requirements of substitution is that the COC of the
candidate. Under the said provision, the candidate who one to be substituted must valid in order for the substitution to
DWD must be: be valid. A person without a valid COC cannot be considered a
candidate, in much the same way as a person who has not filed
 An official candidate of a registered his COC all. By any stretch of imagination can he be
political party; and considered as a candidate. Since the COC of Miranda was
 The substitute candidate must be of the disqualified based on the violation of the 3-term limit rule,
same political party as the original therefore, his COC was declared null and void. Therefore, there
candidate; and was no basis for the substitution.
 Must be duly nominated as such by the
political party FT:
34
©Den
Election Law; Election Code; While Section 78 of the Code This pertains to a disqualification case. Ramon here was
enumerated the occasions where a candidate may be validly disqualified, having been found to be ineligible for the position
substituted, there is no mention of the case where a of Mayor of Lucena City. The disqualification became final
candidate is excluded not only by disqualification but also prior to the May 10, 2010 election. Barbara Ruby, filed a COC
by denial and cancellation of his certificate of candidacy.— in substitution of Ramon. On the other hand, ang opponent ni
Petitioner capitalizes on the fact that the Comelec ruled to Barbara Ruby was Castillo, who filed a disqualification case
disqualify Jose “Pempe” Miranda in the May 5, 1998 resolution against Barbara Ruby on the ground that the substitution is not
and he heavily relies upon the above-quoted provision allowing valid in view of the ineligibility of Ramon and Ramon did not
substitution of a candidate who has been disqualified for any voluntarily withdraw his COC before the election in
cause. While there is no dispute as to whether or not a nominee accordance woth Section 73 of BP 881. Castillo also alleged
of a registered or accredited political party may substitute for a that she was not an additional candidate for the position of
candidate of the same party who had been disqualified for any mayor, because her filing of the COC was beyond the period
cause, this does not include those cases where the certificate of fixed by law.
candidacy of the person to be substituted had been denied due
course and cancelled under Section 78 of the Code. Expressio COMELEC here declared the substitution of Barbara Ruby as
unius est exclusio alterius. While the law enumerated the invalid on May 20, 2011. However, Ruby garnered the highest
occasions where a candidate may be validly substituted, there is number of the majority of the votes cast, while Castillo
no mention of the case where a candidate is excluded not only garnered 2nd.
by disqualification but also by denial and cancellation of his
certificate of candidacy. Under the foregoing rule, there can be Contention of Castillo: Since the disqualification of Ramon
no valid substitution for the latter case, much in the same way was final prior to the elections, he should be declared winner,
that a nuisance candidate whose certificate of candidacy is considering that Ramon was not eligible and that the
denied due course and/or cancelled may not be substituted. If substitution was not valid. In contrast, Castillo here made
the intent of the lawmakers were otherwise, they could have so reference to the case of Cayat case. In this case, petitioner here
easily and conveniently included those persons whose was disqualified and his disqualification became final before
certificates of candidacy have been denied due course and/or the May 10, 2014 election. Yung rival nya na si Pileleng
cancelled under the provisions of Section 78 of the Code. became the only candidate for the Mayoralty post in Benguet.
He made the ruling in Cayat v. COMELEC as basis for his
Same; Same; Only an official candidate of a registered or position that he should be declared winner.
accredited political party may be substituted; A cancelled
certificate does not give rise to a valid candidacy.—More Held:
importantly, under the express provisions of Section 77 of the
Code, not just any person, but only “an official candidate of a In contrast, Ruby substituted Ramon; the May 10, 2010
registered or accredited political party” may be substituted. In elections proceeded with her being regarded by the electorate
Bautista vs. Comelec (G.R. No. 133840, November 13, 1998) of Lucena City as a bona fide candidate. They were in equal
this Court explicitly ruled that “a cancelled certificate does not footing. To the electorate, she became a contender for the same
give rise to a valid candidacy” (p. 13). A person without a valid position vied for by Castillo, such that, she stood on the same
certificate of candidacy cannot be considered a candidate in footing as Castillo. Such standing as a candidate, negated
much the same way as any person who has not filed any Castillo’s claim for being the candidate, who obtained the
certificate of candidacy at all can not, by any stretch of the highest number of votes and being consequently entitled to
imagination, be a candidate at all. assume the office of Mayor.
Same; Same; A valid certificate of candidacy is likewise an The Court stressed here that the existence of a valid COC is
indispensable requisite in the case of a substitution of a condition sine qua non for a valid substitution. Why Ruby
disqualified candidate under the provisions of Section 77 of won, although disqualified because of invalid substitution, the
the Code.—A deceased candidate is required to have duly filed law of succession will apply by operation of law. Meaning to
a valid certificate of candidacy, otherwise his political party say, that while the substitution of Ruby was held to be invalid
would not be allowed to field a substitute candidate in his stead because the COC of Ramon was declared invalid for being
under Section 77 of the Code. In the case of withdrawal of ineligible. Prior to the ruling on the disqualification case, equal
candidacy, the withdrawing candidate is required to have duly footing sila ni Castillo. The voters voted for them based on
filed a valid certificate of candidacy in order to allow his their confidence in them. However, while nanalo si Ruby, she
political party to field a substitute candidate in his stead. Most cannot assume the position in view of the invalid
reasonable it is then, under the foregoing rule, to hold that a substitution. Castillo cannot be declared winner because he
valid certificate of candidacy is likewise an indispensable did not garner majority of the votes cast. Citing Sunga v.
requisite in the case of a substitution of a disqualified candidate Trinidad, By operation of law, succession takes place.
under the provisions of Section 77 of the Code, just as it is in Whoever is the next, yung Vice Mayor ang mag-assume ng
the two previous instances. position ng Mayor. But it cannot be Castillo who garnered the
2nd highest number of votes.
Talaga vs. Commission on Elections, 683 SCRA 197, G.R. FT:

No. 196804 October 9, 2012
Same; Second-Placer Doctrine; The candidate obtaining the
Facts: second highest number of votes for the contested office
could not assume the office despite the disqualification of
35
©Den
the first placer because the second placer was “not the
choice of the sovereign will.” Surely, the Supreme Court
explained, a minority or defeated candidate could not be
deemed elected to the office.—Castillo could not assume the This pertains to a 2nd placer rule. Similar dun sa kay Barbara
office for he was only a second placer. Labo, Jr. should be Ruby, being a 2nd placer, he cannot be considered as
applied. There, the Court emphasized that the candidate proclaimed because he only garnered the 2nd highest number
obtaining the second highest number of votes for the contested of votes.
office could not assume the office despite the disqualification
of the first placer because the second placer was “not the choice Q: What is the difference in the case of Diambrang?
of the sovereign will.” Surely, the Court explained, a minority
or defeated candidate could not be deemed elected to the office. Diambrang and Patad were candidates for punong barangay in
There was to be no question that the second placer lost in the the 2010 elections. Patad here garnered the majority of votes
election, was repudiated by the electorate, and could not cast. However, the barangay board of canvassers proclaimed
assume the vacated position. No law imposed upon and Diambrang, based on the assumption that Patad was
compelled the people of Lucena City to accept a loser to be disqualified, being a fugitive from justice. The assumption was
their political leader or their representative. based on the recommendation of the Provincial Election
Supervisor that was not yet final and executory, because the
Same; Same; The only time that a second placer is allowed COMELEC had not issued any ruling on the matter.
to take the place of a disqualified winning candidate is
when two requisites concur, namely: (a) the candidate who Patad filed a petition to annul Diambrang’s proclamation.
obtained the highest number of votes is disqualified; and However, no comment was filed by Diambrang ang the
(b) the electorate was fully aware in fact and in law of that barangay board of canvassers. The COMELEC 2 nd division
candidate’s disqualification as to bring such awareness annulled Diambrang’s proclamation and held that the barangay
within the realm of notoriety but the electorate still cast the board of canvassers abused its discretion, considering that the
plurality of the votes in favor of the ineligible candidate.— recommendation of the Provincial Election Supervisor was
The only time that a second placer is allowed to take the place merely to conduct a preliminary investigation and was still
of a disqualified winning candidate is when two requisites subject to the review of COMELEC. It further ruled that since
concur, namely: (a) the candidate who obtained the highest Diambrang obtained only the 2nd highest number of votes, he
number of votes is disqualified; and (b) the electorate was fully could not be declared as winning candidate even if Patad was
aware in fact and in law of that candidate’s disqualification as disqualified. It was raised before the COMELEC en banc in a
to bring such awareness within the realm of notoriety but the MFR and COMELEC en banc affirmed the ruling of the 2nd
electorate still cast the plurality of the votes in favor of the division. Via a petition for certiorari to the SC the issue was…
ineligible candidate. Under this sole exception, the electorate
may be said to have waived the validity and efficacy of their Issue: W/N Diambrang can be proclaimed as the Punong
votes by notoriously misapplying their franchise or throwing Barangay in view of Patad’s disqualification.
away their votes, in which case the eligible candidate with the
second highest number of votes may be deemed elected. Held:
Same; Substitution of Candidates; The COMELEC En The prevailing rule is that, if the COC is void ab initio, the
Banc properly disqualified Barbara Ruby from assuming candidate is not considered a candidate from the very
the position of Mayor of Lucena City because: (1) there was beginning even if his COC was cancelled after the elections.
no valid candidate for her to substitute due to Ramon’s It does not matter that the disqualification case against him was
ineligibility; (2) Ramon did not voluntarily withdraw his finally decided by the COMELEC en banc only on November
Certificate of Candidacy before the elections; and (3) She 14, 2011 which is after elections na. Patad’s COC was void ab
was not an additional candidate for the position of Mayor initio. As such, Diambrang, being the 1st placer among the
of Lucena City because her filing of her Certificate of qualified candidates, should have been proclaimed as the duly
Candidacy on May 4, 2010 was beyond the period fixed by elected punong barangay of Brgy. Caludan, Lanungan, Lanao
law.—The COMELEC En Banc properly disqualified Barbara del Norte. However, due to supervening events, Diambrang can
Ruby from assuming the position of Mayor of Lucena City. To no longer hold office.
begin with, there was no valid candidate for her to substitute
due to Ramon’s ineligibility. Also, Ramon did not voluntarily
withdraw his CoC before the elections in accordance with
Section 73 of the Omnibus Election Code. Lastly, she was not
an additional candidate for the position of Mayor of Lucena
City because her filing of her CoC on May 4, 2010 was beyond As regards the 2nd placer rule, the SC ruled in Jalosjos, Jr. v.
the period fixed by law. Indeed, she was not, in law and in fact, COMELEC,
a candidate. A permanent vacancy in the office of Mayor of
Lucena City thus resulted, and such vacancy should be filled Jalosjos vs. Commission on Elections, 698 SCRA 742, G.R.
pursuant to the law on succession defined in Section 44 of the No. 205033 June 18, 2013
LGC, to wit: Section 44. Permanent Vacancies in the Office of
the Governor, Vice-Governor, Mayor, and Vice-Mayor.—If a Held:
permanent vacancy occurs in the Office of the governor or
mayor, the vice-governor or vice-mayor concerned shall A 2nd placer cannot be proclaimed winner if the 1 st placer is
become the governor or mayor. disqualified or declared ineligible, should be limited to
36
©Den
situations where the COC of the 1st placer was valid at the time However, Section 12 of RA 8436 has not been amended or
of filing, but subsequently had to be cancelled because of a repealed by RA 9369. It can be assumed here that the votes cast for
violation of law that took effect or a legal impediment that took the substituted candidate, shall be considered votes for the
effect after the filing of the COC. If the COC is void ab initio, substitute in an automated election system.
then legally the person who filed such void COC was never a
candidate in the elections at any time. All votes for such non- Q: Why?
candidates are considered stray votes and should not be
counted. Therefore, such non-candidate can never be a 1 st That the counting machine will not read any unwarranted marks on
placer in the elections. If the COC void ab initio is cancelled on the official ballots, such as, writing the name of the substitute
the day or before the day of the election, prevailing candidate.
jurisprudence holds that all votes for that candidate are stray
votes because the COC is void from the very beginning. This THIS IS THE PREVAILING RULE NOW: The votes in
is more equitable and logical approach on the effect of the favor of the substitute candidate, shall be considered counted in
cancellation of a COC that is void ab initio. Otherwise, the favor of the substitute.
COV void ab inito can operate to defeat one or more valid
COCs for the same position. If the COV is void from the
beginning, wala tayong sinasabi na 1st placer if the disqualified Residency requirement which is a requirement for those running
candidate subject of a void substitution, cannot be considered a for elective public office, age and citizenship.
candidate. Kaya papasok yung 2nd placer rule – who can be
proclaimed based on these factual circumstances. Dano vs. Commission on Elections, 802 SCRA 446, G.R. No.
210200 September 13, 2016
FT:
Facts:
Same; Same; Same; View that a party whose Certificate of
Candidacy is denied or is cancelled would not be considered It provides that, as a qualification to run for public office, the
a candidate; on the other hand, one who filed a valid law requires that a candidate be a resident of the Philippines for
Certificate of Candidacy but who is subsequently at least 1 year. In determining whether one should be physically
disqualified (e.g., for unlawful electioneering under present in the Philippines for 1-year period is at issue in this
Sections 68 and 12 of the Omnibus Election Code) was a case.
candidate but was not allowed to be voted for or, after
elections, would not be allowed to serve if he would win.―A In this case, Dano went abroad, to settle all her things there, to
party whose CoC is denied or is cancelled would not be sell some of her property bago cya magbalik dito sa Philippines
considered a candidate; on the other hand, one who filed a valid because she already intended to retire in the Philippines.
CoC but who is subsequently disqualified (e.g., for unlawful During that one-year period, she was in the US for a period of 3
electioneering under Sections 68 and 12 of the Omnibus months. Broken daw yung kanyang one year, so a
Election Code) was a candidate but was not allowed to be voted disqualification case was filed against her for not having
for or, after elections, would not be allowed to serve if he fulfilled the 1-year residency requirement.
would win. Directly relevant to this distinction is Section 77 of
the Omnibus Election Code which allows the substitution of Issue: Dapat ba within the 1-year period present ba yung
disqualified candidates as has been extensively discussed by candidate in the Philippines in order to attain the residency
Mr. Justice Lucas P. Bersamin in the recent case of Talaga v. requirement? Is his physical presence needed? That is, di
Commission on Elections, 683 SCRA 197 (2012). cya lumabas ng country for other purposes.
Held:
Q: What is the effect of substitution of candidates after the
official ballots have been printed under the AES? The physical presence, along with animus manendi et
revertendi, is an essential requirement for the acquisition of a
In case of valid substitution, after the official ballots have been domicile of choice. However, the law does not require that
printed, the votes cast for the substituted candidate shall be physical presence be unbroken. The Court here made reference
considered votes for the substitute. Under RA 9006 (Fair Elections to the ruling in Japson v. COMELEC, that to be considered a
Law), Section 12 provides: resident of a municipality, the candidate is not required to stay
and never leave the place for a full 1-year period, prior to the
Section 12. Substitution of Candidates. - In case of valid date of the election. Further, in Sabili v. COMELEC, the Court
substitutions after the official ballots have been printed, the reiterated that the law does not require a candidate to be at
votes cast for the substituted candidates shall be considered home 24 hrs a day, 7 days a week, to fulfill the residency
as stray votes but shall not invalidate the whole ballot. For requirement.
this purpose, the official ballots shall provide spaces where
the voters may write the name of the substitute candidates FT:
if they are voting for the latter: Provided, however, That if
the substitute candidate of the same family name, this Election Law; Domicile; Physical presence, along with
provision shall not apply. animus manendi et revertendi, is an essential requirement
for the acquisition of a domicile of choice the law does not
require that physical presence be unbroken.—Physical
presence, along with animus manendi et revertendi, is an
37
©Den
essential requirement for the acquisition of a domicile of It is not required that a candidate must have his own house in
choice. However, the law does not require that physical order to establish his residence or domicile in a place.
presence be unbroken. In Japzon v. Comelec, 576 SCRA 331
(2009), this Court ruled that to be considered a resident of a Q: What is important?
municipality, the candidate is not required to stay and never
leave the place for a full one-year period prior to the date of the It is enough that he should live in a locality even in a rented
election. In Sabili v. Comelec, 670 SCRA 664 (2012), this house or that of a friend or relative. What is of central concern
Court reiterated that the law does not require a candidate to be then is the person identified and established a place in the said
at home 24 hours a day, 7 days a week to fulfill the residency city where he intended to live in and return for an indefinite
requirement. period of time.
(NOTE: This is already a reiteration of the case being cited

Jalosjos vs. Commission on Elections, 691 SCRA 646, G.R. here before. Pls check the FT above).
No. 193314 February 26, 2013
Held: Mitra vs. Commission on Elections, 622 SCRA 744, G.R.

No. 191938 July 2, 2010
To be an actual and physical resident of a locality, one must
have a dwelling place where one resides, no matter how Held:
modest and regardless of ownership. The fact that the
residential structure where petitioner intends to reside was still COMELEC gravely abused its discretion when it disqualified
under construction on the lot she purchased means that she has Mitra to run for public office and it determined the fitness of
not yet established actual and physical residence in the Mitra based on his dwelling, based only on very personal and
barangay, contrary to the declaration of the witnesses that she subjective assessment standards when the law is replete with
has been in actual and physical resident thereof. standards that can be used. COMELEC here used wrong
consideration in arriving at the conclusion that Mitra’s
Here, she was not considered a candidate kase di naman cya residence is not the residence contemplated by law.
dun nakatira, nagpapatayo lng cya ng bahay. Considering that
the residential structure is still under construction, she has not If you would recall, di niya inayos yung old Maligaya
yet established a residence in that place. Although sabi ng SC Freedmill. Wala daw aircon, walang pintura, etc. that is not the
na, “Pwede kana mn magstay kahit sa friend. In the previous basis.
cases natin, in order for you to establish your residency, it does
not need to be na owned mo yung property where you are Q: What is important?
staying. You can stay with a friends; you can buy a little house
no matter how modest it is, similar in the case of Mitra. But as You establish your residence in accordance with law – 1 year in
long as you establish your ACTUAL PHYSICAL the Philippines and 6 months in the place.it does not matter
PRESENCE for a period of 1 year and 6 months for the kung ano yung klaseng bahay niya.
purposes of registration.
(NOTE: This is already a reiteration of the case being cited
FT: here before. Pls check the FT above).
Same; Same; Fernandez v. COMELEC, 608 SCRA 733

(2009), has established that the ownership of a house or This was also reiterated in the case of Romualdez-Marcos v.
some other property does not establish domicile.— COMELEC.
Assuming that the claim of property ownership of petitioner is
true, Fernandez v. COMELEC, 608 SCRA 733 (2009), has Perez vs. Commission on Elections, 317 SCRA 641, G.R.
established that the ownership of a house or some other No. 133944 October 28, 1999
property does not establish domicile. This principle is
especially true in this case as petitioner has failed to establish Facts:
her bodily presence in the locality and her intent to stay there at
least a year before the elections, to wit: To use ownership of Eto naman yung qualification of Rodolfo Aguinaldo who was
property in the district as the determinative indicium of the former Governor of Cagayan and his residence was at issue
permanence of domicile or residence implies that the landed when he filed his COC as member of the House of
can establish compliance with the residency requirement. This Representatives of the 3rd district of Cagayan.
Court would be, in effect, imposing a property requirement to
the right to hold public office, which property requirement Held:
would be unconstitutional.
The Court reiterated the meaning of residence. It is where the
party has actually or constructively has his permanent home.
Sabili vs. Commission on Elections, 670 SCRA 664, G.R. Where he, no matter where he may be found at any given time,
No. 193261 April 24, 2012 eventually intends to return and remain. While domicile is that
which the Constitution refers when it speaks of residence for
Held: the purpose of Election Law. Kase domicile and residence is
synonymous for purposes of exercising your political right of
38
©Den
suffrage. The fact that a person is a registered voter in one

district is not proof that he is not domiciled in another district.
FT:
Same; Meaning and purpose of the residency requirement

explained recently in Aquino v. COMELEC.—The meaning
and purpose of the residency requirement were explained
recently in our decision in Aquino v. COMELEC, as follows: . .
. [T]he place “where a party actually or constructively has his
permanent home,” where he, no matter where he may be found
at any given time, eventually intends to return and remain, i.e.,
his domicile, is that to which the Constitution refers when it
speaks of residence for the purposes of election law. The
manifest purpose of this deviation from the usual conceptions
of residency in law as explained in Gallego vs. Vera is “to
exclude strangers or newcomers unfamiliar with the conditions
and needs of the community” from taking advantage of
favorable circumstances existing in that community for
electoral gain. While there is nothing wrong with the practice
of establishing residence in a given area for meeting election
law requirements, this nonetheless defeats the essence of
representation, which is to place through the assent of voters
those most cognizant and sensitive to the needs of a particular
district, if a candidate falls short of the period of residency
mandated by law for him to qualify. That purpose could be
obviously best met by individuals who have either had actual
residence in the area for a given period or who have been
domiciled in the same area either by origin or by choice.
Same; The registration of a voter in a place other than his

residence of origin is not sufficient to consider him to have
abandoned or lost his residence.—The fact that a person is
registered as a voter in one district is not proof that he is not
domiciled in another district. Thus, in Faypon v. Quirino, this
Court held that the registration of a voter in a place other than
his residence of origin is not sufficient to consider him to have
abandoned or lost his residence.
36.00
39
©Den

Election Laws Reviewer (2020)

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Election Laws Reviewer (2020)

Uploaded by

Copyright:

Available Formats

ELECTION LAWS REVIEW

4TH Year Manresa Review Class

2020 BAR Examination Coverage for Election Laws

1. Qualification and disqualification of

2. Registration and deactivation of voters

1. Jurisdiction of the Commission on

1. Qualifications and disqualifications of

E. Board of Election Inspectors and Board of

1. Petition to deny due course to or cancel

BP Blg. 881 has undergone several amendments under the 1987

RA 6646 The Electoral Reform Law of 1987.

RA 7166 An Act Providing for Synchronized

RA 7941 (March An Act Providing for the Election of

RA 8171 An Providing for the Repatriation of

other related laws. RA 9525 an Act

Q: What is the basis why we have elections?

Section 1. The Philippines is a democratic and republican

Q: Ano itong democratic and republican government? From

A republic and democratic government derives all its power

Naval vs. Commission on Elections, 729 SCRA 299, G.R.

The SC explained here what is the character of a republican

Constitutional Law; Republicanism; The essence of

Kabataan Party-list vs. Commission on Elections, 777 1) Initiative;

Q: Why? Connect this with Carlos v. Angeles1.

Because it is only granted to an individual upon the fulfillment Held:

o Who are at least eighteen years of age; and

The requirement of biometric registration is not an additional

The attestation shall state the name of the person assisted,

Any person, who, on the day of registration may

No member of the Board shall be related to each other or to

accordance with the instructions of the voter and not to

The COMELEC is mandated to keep an updated record of the

Because this is deemed to be 3

Any person whose registration has been ordered excluded

Sec. 28. Reactivation of Registration. - Any voter whose

general and limited jurisdiction.”

The court has to rule only that the voter is to be included or

Election Law; Voters’ inclusion/exclusion proceedings

Q: Bakit walang jurisdiction and court? Held:

court has no power to order the change or transfer of Period to file:

Q: Who can file for exclusion?

Q: When to serve such notice?

Therefore, the exercise of the right of suffrage is not absolute. SUMMARY:

LOCAL ABSENTEE VOTING ACT

7.) The decision shall be based on evidence presented

Q: Who can avail? An immigrant or a permanent resident who is recognized as

Nicolas-Lewis vs.Commission on Election, 497 SCRA 649,

18.1. The counting and canvassing of votes shall be Facts:

DETAINEE VOTING A special polling places shall be established in detention centers,

Q: What is the requirement?

Q: Merong rin bang campaign in the prison?  Natural-born citizen of the

 Natural-born citizen of the

House of for the following criteria to become a

Same; Same; A certificate of candidacy is in the nature of a Held:

We have to take into consideration the effects based on Section 66

1.) To enable the voters to know at least 60 days prior

Q: Why is there a discrimination?

 The BEI in the political subdivision where Facts:

Substitution is not allowed if COC of the substituted was

Talaga vs. Commission on Elections, 683 SCRA 197, G.R. FT:

(NOTE: This is already a reiteration of the case being cited

Held: Mitra vs. Commission on Elections, 622 SCRA 744, G.R.

Same; Same; Fernandez v. COMELEC, 608 SCRA 733