Election Law and Related Jurisprudence

by: Prof. Victoria V. Loanzon

I. INTRODUCTION
• The Right to Suffrage

A. Constitutional basis: Art. II, 1987 Constitution Article II – Declaration of Principles and State Policies, 1987 Constitution “Sec. 1 – The Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them.”

B. Who can vote: Art. V. 1987 Constitution “Sec. 1 - Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six (6) months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage. (emphasis supplied)” C. Who cannot vote: Sec. 118, Omnibus Election Code The following shall be disqualified from voting: (a) Any person who has been sentenced by final judgment to suffer imprisonment for not less than one year, such disability not having been removed by plenary pardon or granted amnesty: Provided, however, that any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence. (b) Any person who has been adjudged by final judgment by competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation of the anti-subversion and firearms laws, or any crime against national security, unless restored to his full civil and political rights in accordance with law: Provided, that he shall regain his right to vote automatically upon expiration of five (5) years after service of sentence. (c) Insane or incompetent persons as declared by competent authority.

II. The COMELEC
D. Art. IX, 1987 Constitution E. Composition Sec. I (1) – Art. IX - B, 1987 Constitution “Sec. 1 (1) – There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five (35) years of age, holder of a college degree, and must not have been candidates for any elective position in the immediately preceding elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years. F. Term of Office Sec. I (2), Art. IX -, 1987 Constitution The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. x x x Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity. (emphasis supplied)”

__________________________________________________________________________________________________ Election Law and Related Jurisprudence_October 2010 By: Prof. Victoria V. Loanzon - page 1 -

Zosa L-28228 August 31. ELECTION LAWS G. 1949 . V.III. R.A. 9369 – Commission on Elections to use an automated election system in the May 11. Interpretation of Election Laws – Liberally construed in favor of right of suffrage Cases: G. 881) 2.any act which would establish “trending” should not be allowed. Commision on Elections 603 SCRA 692 ()3 Laban ng Demokratikong Pilipino v. Commission on Elections 507 SCRA 114 ()9 Penera v.Voter’s Registration Act of 1996 7. Commission on Elections 603 SCRA 292 ()6 Pedragoza v. 1998 national or local elections and in subsequent national and local electoral exercises. 9164 . R. National Elective Officials __________________________________________________________________________________________________ Election Law and Related Jurisprudence_October 2010 By: Prof. R.A. 6. Victoria V. Date ()14 Brillantes v. Omnibus Election Code) Case: G.A. No. 7166 . 139. Excerpts from R.page 2 - . Commission on Elections 405 SCRA 614 ()2 Mendoza v. QUALIFICATIONS AND DISQUALIFICATIONS OF CANDIDATES / TERM OF OFFICE A. 6646 -The Electoral Reform Act of 1984 3. 138. 8189 . R. Date ()13 Villavert v. R. 11.A. 8295 – Lone Candidate Law 8.A. Commission on Elections 523 SCRA 456 ()8 Lanot v.A. R. Commission on Elections 595 SCRA 477 Date 2003 2009 2004 2004 2009 2005 2007 2006 2009 2005 2008 2009 C. Commission on Elections 423 SCRA 665 ()4 Buac v.mistake or ignorance of the voter must give way to his actual intent. Date ()15 Ozamis v. G. No.inclusion/exclusion proceedings may include determination of one’s citizenship. Commission on Elections En Banc Sitting as the National Board of Canvassers 548 SCRA 169 ()12 Barangay Association for National Advancement And Transparency (BANAT) Party List v. R.Authorizing the Commission on Elections to Conduct a Nationwide Demonstration of a Computerized Election System and Pilot-Test it in the March 1996 Elections in the Autonomous Region.R. 9189 – The Absentee Voting Law 10. 7160 5. Commission on Elections 496 SCRA 513 ()7 Lluz v.A. 2004 .R. Loanzon . IV. Pertinent Laws 1. 142. R. de Venecia et al L-163193 June 15. House of Representatives Electoral Tribunal 469 SCRA 481 ()11 Pimentel III v. 8046 . No.R. Commission on Elections 421 SCRA 92 ()5 Barro v. 1970 . ()1 Macalintal v. No. Omnibus Election Code (BP Blg.The Synchronized National and Local Elections Law of 1991 4.A.R. Fornier L-3050 October 17. amending Republic Act No. Commission on Elections 599 SCRA 609 and Resolution dated 25 November 2009 ()10 Roces v. Purpose of Election Laws – To ascertain the will of the people Cases: G.A. 9006 – Fair Elections Act of 2001 9. REGISTRATION OF VOTERS Inclusion / Exclusion Proceedings (Secs. 7160 – Local Government Code B.A. R.Barangay and Sangguniang Kabataan Elections. No.

1987 Constitution) Qualifications: Article VI. Senator (Secs. 1987 Constitution) Article VII 1987 Constitution – Executive Department Qualifications: Sec. No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time. Vice. He may be removed from office in the same manner as the President. Section 3 – There shall be a Vice-President who shall have the same qualifications and term of office and be elected with and in the same manner as the President. The President shall not be eligible for any reelection. Section 4 (2nd paragraph) – No Vice-President shall serve for more than two (2) successive terms.page 3 - . 6 and 7. and a resident thereof for a period of not less than one year immediately preceding the day of the election.President (Secs. VII. is at least thirty-five years (35) of age. President (Secs. a registered voter. at noon on the thirtieth day of June next following their election. Congressional Representatives (Secs. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. VI. 13. is at least twenty-five (25) years of age. a registered voter.• 12. on the day of the election. 3 and 4. Victoria V. Term of Office: Article VI. and a resident of the Philippines for not less than two years immediately preceding the day of the election. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. at least forty years of age on the day of the election. Art. 1987 Constitution) Qualifications: Article VII. Term of Office: Sec. 2 – No person may be elected President unless he is a natural – born citizen of the Philippines. 14. and except the party-list representatives. Section 4 – The term of office of the Senators shall be six years and shall commence. able to read and write. at noon on the thirtieth day of June next following their election. VII. and a resident of the Philippines for at least ten years immediately preceding such election. Art. able to read and write. able to read and write. __________________________________________________________________________________________________ Election Law and Related Jurisprudence_October 2010 By: Prof. 4 – The President and the Vice-President shall be elected by direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date six years thereafter. 2 and 4. Term of Office: Article VII. a registered voter in the district in which he shall be elected. Section 6 – No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the Philippines. Art. No Member of the House of Representatives shall serve for more than three (3) consecutive terms. Section 7 – The Members of the House of Representatives shall be elected for a term of three (3) years which shall begin. 15. and. on the day of the election. Section 3 – No person shall be a Senator unless he is a natural-born citizen of the Philippines. unless otherwise provided by law. 1987 Constitution) Qualifications: Article VI. unless otherwise provided by law. No Senator shall serve for more than two (2) consecutive terms. Art. VI. Term of Office: Article VI. and. 3 and 4. Loanzon . Voluntary renunciation of the office for any length shall not be considered as an interruption in the continuity of the service for the full term for which he was elected.

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40 – Disqualifications. in the case of a member of the sangguniang planlalawigan. Date ()18 Frivaldo v.A. 1989 – A candidate must meet all qualifications at time of his election. Qualifications (Sec. province or. municipality. 1995 – Upon the death of her spouse. No. COMELEC 87193 June 23. and able to read and write Filipino or any other local language or dialect. Jr. 92202-03 August 31. or sangguniang bayan. 1992 – An election of a candidate who has become a citizen of another country does automatically restore his Filipino citizenship. (a) An elective local official must be a citizen of the Philippines.H. 7160) “Sec.page 5 - . (b) Those removed from office as a result of an administrative case. Nos. 39 – Qualifications. (c) Those convicted by final judgment for violating the oath of allegiance to the Republic. Local Elective Officials 1. 1991 – A Fil-Am who upon reaching the age of majority. 92191-92. Date ()16 Labo v. Citizenship Requirement Cases: G. No. G. Date ()20 Romualdez-Marcos v. No. R. – The following persons are disqualified from running for any elective local position: (a) Those sentenced by final judgment for an offense involving moral turpitude or for an offense involving moral turpitude or for an offense punishable by one (1) year or more of imprisonment within two (2) years after serving sentence. (e) Fugitives from justice in criminal or non-political cases here or abroad. (b) Candidates for the position of mayor or vice-mayor of independent component cities.R. G. the district where he intends to be elected. 1970 – The HRET may include the determination of citizenship in its proceedings. elected Filipino citizenship and registered as a voter for two elections is qualified to run for a local elective position. No.R. component cities or municipalities must be at least twenty-one (21) years of age on election day. (f) Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right after the effectivity of this Code. and (g) The insane or feeble-minded VI.R. Manzano 307 SCRA 630 135083 May 26. COMELEC 105111 July 3. sanggunian panlungsod. R. Residence Requirements Cases: G. Date ()17 Mercado v. Date ()19 Antonio Co v. Loanzon . 40. JURISPRUDENCE A. (d) Those with dual citizenship. Victoria V. G. COMELEC 248 SCRA 300 119976 September 18. HRET & Ong. a resident therein for at least one (1) year immediately preceding the day of the election. B. (emphasis supplied) 2. __________________________________________________________________________________________________ Election Law and Related Jurisprudence_October 2010 By: Prof.R. Disqualifications (Sec. a registered voter in the barangay. city. 39. the surviving spouse may choose another place of residence. and able to read and write Filipino or any other local language or dialect.A.R. 7160) “Sec.

Date Raymundo A. Paredes L-8069 October 7. Date Domino v. No. 2000 – Issues related to election protest must first be heard by a COMELEC division. 1999 . Date Cayat v.R. COMELEC 163776 April 24. Loanzon . Date __________________________________________________________________________________________________ Election Law and Related Jurisprudence_October 2010 By: Prof. ()26 D.R. Victoria V. No.R. 2000 – Dismissal is proper for failure to demonstrate precisely how the preparation and appreciation of election returns adversely affected the protestant. G. COMELEC and Potencioso.R. 1995 – A lease contract is not conclusive of the length of stay to establish residence of a candidate. Date Abella v. No.R.R. COMELEC et al 154796-97 October 23. Abalos et al 137266 December 5.R. 2004 – Complainant must present actual proof to establish that certain acts of the incumbent elective officials were purposely employed to show they were meant to influence public school teachers. No. ()27 ()28 ()29 ()30 ()31 ()32 ()33 F.The one-year residence requirement is strictly construed. Date ()23 ()24 ()25 Montebon and Onday v. G. COMELEC 139357 May 5. G. G. COMELEC 310 SCRA 546 134015 July 19. No.page 6 - . COMELEC 174155 January 24. COMELEC 154683 November 12. Date Soller vs. ()22 G. A second placer is always a second placer. Jr. Nos. Bautista v. Case: Electioneering G. COMELEC 139573-75 March 7. Date Carloto v.R. G. Date Maruhom v. 1912 – Election disputes involve those pertaining to casting and counting of votes and those referring to eligibility of candidates.R. G. Nos. 5. 2007 – Dismissal is proper for failure to cite specific allegations that would merit the review of the result of the election.R. No. Term Limit Cases: G. Date ()21 Aquino vs.Involuntary Interruption of the three-term year will not operate as disqualification. No. Date Sandoval v. 2000 – Motion to Dismiss is an improper pleading once an Answer has been filed in an Election forum. COMELEC 248 SCRA 400 120265 September 18. No. No. G.R. Nos. 2003 – A candidate who is not a registered voter of a barangay cannot run as Punong Barangay of that place.R. Date Sebastian v. COMELEC 139853 September 5.A candidate who proves that a winning candidate did not meet the residence requirement does not become necessarily the winner of the elective position. No. 1991 . 2008 . COMELEC 201 SCRA 253 100710 September 3. 2002 .R. Date Bernardo et al v. C.G.The three-term rule will not apply in case of recall. Election Protest Cases: G. 2007 – Conviction by final judgment of the crime of acts of lasciviousness is considered a disqualification. G. No. Disqualification Cases: G. Date Topacio v.R. An appeal is resolved by COMELEC en banc. 18044 April 8.

Residence and Length of Stay 4. G. ()42 VII. Nos. No. HRET et al 191550 May 4. G.R. Date Legarda v. Jr. Date Villarosa v. CERTIFICATE OF CANDIDACY • As to FORM • Contents of the CoC 1. Date Torres v. Date Torres v. Jr. 2008 – The Supreme Court dismissed the Petition for each of legal and factual basis. Quintos 143351. HRET and Ricardo V. Loanzon . Under RA 9369/Automated: Deadline fixed by COMELEC from November 19 to November 30.144129 September 14. No. COMELEC 178413 March 13. violence.R. G. 2009 B. 2000 – For failure of election to be declared. Citizenship 3.R. Error in the Certificate of Canvass must be manifest before the corrections are made. G. as pilot tested revision of ballots would not affect the major of votes obtained by de Castro and for failure of Legarda to pay the required fees.R. two conditions must concur: no voting took place and the same is due to: force majeure. the election protest was dismissed. Registered Voter of the Place 5. No. G. v. Victoria V.()34 ()35 ()36 ()37 ()38 ()39 ()40 ()41 O’Hara v. G. 2008 – Only the Senate Electoral Tribunal has the sole jurisdiction over proceedings of the National Board of Canvassers. 003 January 18. It is sufficient that the majority of the HRET members complied with prescribed rules.page 7 - . 2002 – The will of the people should not be frustrated. COMELEC 134696 July 31. Section 67: __________________________________________________________________________________________________ Election Law and Related Jurisprudence_October 2010 By: Prof. No. Sr.R.R. 2003 . Other Items • WHEN to file the CoC Deadline/s: 1. No. HRET 144491 February 6. v. Date Pimentel v.When PUBLIC Elected or appointed OFFICIAL files his CoC [a] Under OEC. Abundo. Villarosa was unseated for evident bad faith. EFFECTS OF FILING: • One becomes an official and legitimate CANDIDATE . National – 90 days before election 3.R. 2000 – For appropriating the initials or nickname of her spouse.R. 2010 – The decision of HRET can be uphold even if the Supreme Court justices who are members of the HRET did not sign the Decision. Date Henry “Jun” Duenas. Local/Congressional – 45 days before elections 4. and COMELEC 174263 January 24. Under OEC: Day before the start of the campaign period 2. G. Failure of Elections Case: G. fraud or other analogous cases. Date Milla v. Cong. COMELEC 148941-42 March 12. Balmores-Laxa 15126 July 18. Name/s 2. No. de Castro PET Case No. G. 2007 – For failing to overturn the evidence on the alleged irregularities. terrorism. No. PRE-ELECTION ACTIVITIES/CONTROVERSIES A. Date Banaga. 2001 – The Supreme Court upheld the findings of HRET which conducted the revision of ballots.COMELEC en banc cannot annul election results at first instance.

NOT yet a candidate – NO premature campaigning __________________________________________________________________________________________________ Election Law and Related Jurisprudence_October 2010 By: Prof. Sec.page 8 - . Appointed officials are considered resigned upon filing of CoC under OEC. k & v. e. 8436 as amended by RA 9359: A public appointive official …shall be considered ipso facto resigned from his/her office and must vacate the same at the start of the day of the filing of his/her certification of candidacy. etc.Section 11 of Republic Act No. Under RA 9006: General repeal of Section 67 of the OEC & Section 11 rendered ineffective.e. RE: PREMATURE CAMPAIGNING • Old Rule under OEC: Once one files.Whether Elected or Appointed – ipso facto resigned – except an elected official who runs for same office/reelection or runs for President or Vice President. DISQUALIFICATION • First: Second: Third: Fourth: OTHERs: • DENY-DUE COURSE/CANCEL CoC Under Section 78 of OEC & Section 23 of COMELEC RULES: Rule 23: Section 1. Simple RULE: NO CoC filed. Victoria V. vote buying. terrorism illegal contribution. Section 2. Loanzon . COMELEC RULES: Classify:  Makes Mockery/Disrepute  Similarity of NAMES  Not being BONAFIDE candidate WHO can file: Candidate for the same elective position WHEN to file: within five (5) days from deadline/last day of filing CoC D.] Under Section 12 of OEC – Incompetent/insane Under Section 40 of Local Government Code – for local officials GreenCard holder Conviction [c] [d] C. GROUNDS for Disqualification Ineligibility – lack of mandated qualification Prohibited Acts before [premature convention/meeting to nominate/select official candidates] and/or AFTER the Filing of CoC and before or after the Election BUT before proclamation [Section 68 of OEC i. Exclusive Ground – FALSE material representation in CoC. he becomes a CANDIDATE. there is NO more ipso facto resignation for all elected officials. and he can no longer campaign until the start of campaign period – otherwise PREMATURE campaigning. SUBSTITUTION OF CANDIDATES Only in three (3) instances: • Death • Disqualification • Withdrawal E. 261 d. Under RA 9369 . Period to File – within five (5) days from last day fro filing of CoC • NUISANCE Section 76. Hence. OEC and Rule 24. [b] Under RA 8436: Elected Officials are considered RESIGNED not from filing but only from start of period.

page 9 - .• Under RA 9369: “Any person who files his certificate of candidacy within this period shall only be considered as a candidate at the start of the campaign period for which he filed his certificate of candidacy: Provided. Loanzon . That. __________________________________________________________________________________________________ Election Law and Related Jurisprudence_October 2010 By: Prof. Victoria V. unlawful acts or omissions applicable to a candidate shall take effect only upon that start of the aforesaid campaign period.

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