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d.

Top 3 Political Parties – entitled to appoint principal watcher and a copy of the
Election LAW certificate of canvass
e. Bottom 3 political parties – entitled to appoint principal watcher
 Embodiment of the popular will, the expression of the sovereign power of the people.
2) Non-registered parties
Components
Criteria to Determine the Type of Political Party
 Choice or selection of candidates to public office by popular vote
 Conduct of the polls a. Established Record of the said parties, showing in past elections
 Listing of votes b. Number of Incumbent Elective Officials
 Holding of Electoral campaign c. Identifiable political organizations and strengths
d. Ability to fill a complete slate of candidates
 Act of casting and receiving the ballots from the voters
e. Other analogous circumstances
 Counting the ballots
 Making the election returns Grounds for Challenging the Voter
 Proclaiming the winning candidates
a. Illegal voters ( Not Registered / Using the name of another / disqualified )
Regular election – refers to an election participated in by those who possess the right of b. Based on certain illegal acts (Vote buying)
suffrage and not disqualified by law and who are registered voters

Special election – is when there is failure of election on the scheduled date of regular
election in a particular place or which is conducted to fill up certain Acquisition of Juridical Personality
vacancies, as provided by law
It is acquired upon registration with the COMELEC.
Political Parties Forfeiture of Status as a Registered Political Party
Definition (Omnibus Election Code) The status shall be deemed forfeited if the political party, singly or in coalition with others,
fails to obtain at least 10% of the votes cast in the constituency in which it nominated and
An organized group of persons pursuing the same ideology, political ideas or supported a candidate/s in the election next following its registration. There shall be notice
platforms of government including its branches and divisions. and hearing.

Candidates

Rules on filing of certificates of candidacy


Types of Political Parties
1. No person shall be elected into public office unless he files his certificate of candidacy
1) Registered Parties: within the prescribed period
a. Dominant Majority Party – usually the administration party; entitled to a copy of 2. No person shall be eligible for more than one office. If he/she files for more than one
election return position, he shall not be eligible for all unless he cancels all and retains one
b. Dominant Minority Party – entitled to a copy of election return
c. Majority Political Party

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3. The certificate of candidacy shall be filed by the candidate personally or by his duly
authorized representative. A. Any candidate who has been declared by final judgment to be disqualified shall NOT
4. Upon filing, an individual becomes a candidate, he is already covered by rules, be voted for. The votes cast in his favor shall not be counted.
restrictions and processes involving candidates. B. If the candidate is not disqualified by final judgment before the election and receives
the highest number of votes in the election, the court or COMELEC will continue with
Grounds for disqualification the trial and hearing of the action, inquiry or protest. Upon motion of the complainant
or intervenor, the court or COMELEC may order the suspension of the proclamation of
1. Election offenses under Sec 68 of the Omnibus Election Code (OEC) the candidate whenever the evidence of his guilt is strong.
2. Not possessing qualifications and possessing disqualifications under the Local
Government Code Nuisance candidates
2.1 Sentenced by final judgment for an offense involving moral turpitude or for an
offense punishable by one year or more of imprisonment within two years after A. The term refers to candidates who have no bona fide intention to run for the office for
serving sentence which the certificate of candidacy has been filed and would thus prevent a faithful
2.2 Removed from office as a result of an administrative case determination of the true will of the people.
2.3 Convicted by final judgment for violating the oath of allegiance to the Republic
2.4 Dual citizenship ( more specifically, dual allegiance) B. Power of COMELEC
2.5 Fugitives from justice in criminal or non-political cases here or abroad 1. May refuse to give due course to or cancel a certificate of candidacy of a
2.6 Permanent residents in a foreign country or those who have acquired the right to nuisance candidate. This can be done motu proprio or upon verified petition
reside abroad and continue to avail of the same right of an interested party.
2.7 Insane or feeble-minded
3. Nuisance candidate 2.There should be a showing that:
4. Violation of sec 73 of OEC with regard to certificate of candidacy A. Certificate of candidacy has been filed to put the election process in
5. Violation of sec 78 which is material misrepresentation of reqts under sec. 74 mockery/disrepute or
B. To cause confusion among the voters by the similarity of the names
* Disqualifications (from continuing as a candidate or from holding the office if already of the registered candidates
elected): C. Other circumstances which clearly demonstrate that the candidate
Any candidate, who in an action or protest in which he is a party is declared by has no bona fide intention to run for the office….
final decision of a competent court guilty of, or is found by the Commission of having:
A. Given money or other material consideration to influence, induce or corrupt the Petition to deny due course to or to cancel a certificate of candidacy
voters or public officials performing electoral functions.
B. Committed acts of terrorism to enhance his candidacy A. Exclusive ground: A material representation in the certificate of candidacy is false.
C. Spent in his election campaign an amount in excess of that allowed by the B. The petition should be filed not later than 25 days from the filing of the certificate of
Omnibus Election Code ) candidacy.
D. Solicited, received or made any contribution prohibited under this Code C. It should be decided not later than 15 days before the election, after due notice and
E. Violated any of the following sections: Section 80, 83, 85,86,261 hearing.
F. Permanent resident of or an immigrant to a foreign country shall not be qualified
to run for any elective office UNLESS he/she has waived his/her status as a
permanent resident/immigrant of a foreign country in accordance with the
residence requirement provided for under election laws.

Effect of a Disqualification case (under RA 6646)

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Posters (2’ x 3’) in common-private poster areas
Election Campaign/Partisan Political Activity ( not more than 10 public places per political
party or independent candidate, 12’ 16’), private
Definition places and public places
1) It refers to an act designed to promote the election or defeat of a particular Rally streamers (3’ x 8’) NOT MORE THAN 2
candidate/s to a public office Paid Advertisements at Discounted Rates
Print : 1/4th page in broadsheet and ½ page in
2) It includes: tabloid 3x a week
A. Forming organizations, associations, clubs, committees or other Television: 120 minutes for candidate for
groups of persons for the purpose of soliciting votes and/or nationally elective office and 60 for local
undertaking any campaign for or against a candidate. Radio: 180 minutes for candidate for nationally
B. Holding political caucuses, conferences, meetings, rallies, parades or elective office and 90 for local
other similar assemblies for the purpose of soliciting votes and/or COMELEC free space (3 national newspaper for
undertaking any campaign or propaganda for or against a candidate. nationally elective officials and 1 national
C. Making speeches, announcements or commentaries or holding newspaper for local) and airtime
interviews for or against the election of any candidate for public office. (3 national television networks for nationally
elective officials and 1 station for local ) : equal
D. Publishing or distributing campaign literature or materials designed to allocation for all candidates for 3 calendar days
support or oppose the election of any candidate.
E. Directly or indirectly soliciting votes, pledges or support for or against Authorized Expenses ( multiplied with the total number of registered voters )
a candidate.  P 10 for president / vice president
 P 3 for other candidates for every voter currently registered in the constituency
3) When the acts enumerated above are NOT considered an election  P 5 for independent candidates and political parties
campaign/partisan political activity

If the acts are performed for the purpose of enhancing the chances of aspirants Voters
for nomination for candidacy to a public office by a political party, aggroupment, or
coalition of parties. Qualifications

 Age: 18 years old and over.


RA 9006 – FAIR ELECTION ACT  Residence
1. He /she should have resided in the Philippines for one
Important Features: year and
1) Repeal of Sec. 67 of the OEC – Now, any ELECTIVE official, whether national or local, 2. Resided in the city/municipality wherein he proposes to
running for any office other than the one which vote for at least 6 months immediately preceding the election.
he is holding in a permanent capacity shall not
be considered ipso facto resigned from his office Residence Requirement
upon the filing of his certificate of candidacy.
If the transfer of residence is due to any of the following reasons, the person
2) Lifting of the Political Ad Ban – Written and Printed Materials (8.5” W x 14L”) concerned will be deemed NOT to have lost his original residence:
Letters

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A. Transfer solely because of occupation, profession, employment in private or public E. Exclusion is through sworn petition and not later than 100 days before regular election;
service 65 days before special election
B. Educational activities
C. Work in military or naval reservations Grounds when the List of Voters will be altered:
D. Service in the army, navy or air force, national police force
E. Confinement/detention in government institutions in accordance with law.  Deactivation/ Reactivation
 Exclusion/ Inclusion
* RA 8189 – VOTER”S REGISTRATION ACT OF 1996  Cancellation of Registration in case of Death
Q: Can there still be general registration of voters?  New voters
A: No more, because 8189 (7) provides for such only for the May ’98 elections  Annulment of Book of Voters
 Transfer of Residence
Q: What kind of registration system do we have?
A: Continuing, Computerized and Permanent
How is challenge to right to register effected?
Disqualifications
Who – any voter, candidate, political party representative
How – in writing, stating grnds, under oath, proof of notice of hearing
A. If sentenced by final judgment to suffer imprisonment for not less than 1 year and such
disability was not removed by plenary pardon or has not been granted amnesty.
Deactivation means removing the registration records of persons from the precinct book
However, any person disqualified to vote shall automatically reacquire the right to vote
of voters and place the same, properly marked and dated in indelible ink, in the inactive
upon expiration of 5 years after service of sentence.
file after entering the cause of deactivation.
B. Any person who has been adjudged by final judgment by competent court or tribunal of
How is reactivation of registration effected ?
having committed any crime involving disloyalty to the duly constituted government
Sworn application for reactivation
such as rebellion or any crime against national security:
Affidavit
1. UNLESS restored to his full civil and political rights in accordance with law.
Not later than 120 days before regular election and 90 days before special election
2. However, he shall regain his right to vote automatically upon expiration of 5
years after service of sentence.
Annulment of Book of Voters is through verified petition; notice and hearing; not
prepared in accordance with law or prepared through fraud, bribery, forgery,
C. Insane or incompetent persons as declared by competent authority.
impersonation, intimidation, force, any similar irregularity or which contains data that are
statistically improbable
Jurisdiction in Inclusion/Exclusion cases
Cannot be done within 90 days before election
A. The municipal and metropolitan trial courts shall have original and exclusive jurisdiction
Postponement of Election
over all matters of inclusion and exclusion of voters from the list in their respective
Causes
municipalities or cities. Petition filed at any time except 105 days before regular
election or 75 days before special election
 Violence
B. Decisions may be appealed to the RTC within 5 days from receipt of notice of decision.
C. RTC will decide the appeal within 10 days. Decision is final and executory.  Terrorism
D. Note: Relate this to Article IX of the Constitution which provides that the COMELEC  Loss or destruction of election paraphernalia/records
has no jurisdiction over questions involving the right to vote.  Force majeure
 Other analogous causes

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Effect election or failure to elect. This is decided by the COMELEC, by a majority vote of its
It is impossible to hold a free, orderly and honest election in any political members, sitting en banc.
subdivision

COMELEC can postpone the election (when decided by a majority vote of the RA 7941 – Party-List System Act
COMELEC sitting en banc, RA 7166):
A. Motu proprio  Seeks to promote proportional representation
B. Upon a verified petition by any interested party, after due notice and hearing
 Any party already registered need not register anew. File manifestation not later than
Date of new election 90 days before election.
The date of the postponed election should be reasonably close to the date of the
election not held, suspended, or which resulted in a failure to elect. It should not be later Grounds for refusing or canceling registration of Party-Lists groups
than 30 days after the cessation of the cause for such postponement or suspension of the a. Religious sect or denomination, organization
election or failure to elect. b. Advocates violence
c. Foreign party or organization
Failure of Election d. Receives foreign support
e. Violates election law
Causes f. Untruthful statements in its petition
g. Ceased to exist for at least one year
 Force majeure h. Failed to participate in the last two preceding elections or fails to obtain at least 2% of
 Violence the votes cast under the party-list system in the 2 preceding elections for the
 Terrorism constituency in which it has registered
 Fraud
 Other analogous causes Nomination of party-list reps should not include any candidate for any elective office or
a person who has lost his bid for an elective office in the immediately preceding election
Under RA 7166, the causes for the declaration of the failure of election may occur
before or after the casting of votes or on the day of the election. Incumbent sectoral representatives in the House of Representatives who are
nominated in the party-list system shall not be considered resigned

Effects of above causes Party List Reps constitute 20% of the total number of the members of the House of
A. Election in any polling place was not held on the date fixed; Reps including those under the party-list
B. Election was suspended before the hour fixed by law for the closing of the voting
C. Elections results in a failure to elect (after the voting and during the preparation and How do we determine the number of party list seats in the House of Reps?
transmission of the election returns or in the custody or canvass thereof)
(# of District Reps / 0.80) x 0.20 = # of party list reps
AND the failure or suspension of the election would affect the result of the election
• There are presently 208 legislative districts, according to the Veterans Federation
Remedy Case
COMELEC can call for the holding or continuation of the election not held, • The 5 major political parties are now entitled to participate in the party list system
suspended, or which resulted in a failure to elect. The election should be held not later • Parties receiving at least 2% of the total votes cast for the party-list system shall be
than 30 days after the cessation of the cause of the postponement or suspension of the entitled to one seat each

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• No party shall be entitled to more than 3 seats Recount
• Currently, there are 260 seats. So 20 % of 260 is 52 seats. But this is only a ceiling. There can be a recount under the grounds of 234-236. The returns involved will affect the
results and the integrity of the ballot box has been preserved

Issues that may be raised in a pre-proclamation controversy


• A list with 5 names should be submitted to COMELEC as to who will represent the A. Illegal composition or proceedings of the board of canvassers
party in the Congress. Ranking in the list submitted determines who shall represent B. The canvassed election returns are incomplete, contain material defects, appear to be
party or organization. tampered with or falsified, or contain discrepancies in the same returns or in
authentic copies thereof.
Rules for Appreciation of Ballots C. The election returns were prepared under duress, threats, coercion, or intimidation, or
they are obviously manufactured, or not authentic.
 Liberal Construction in favor of the validity of the ballot D. When substitute or fraudulent returns in controverted polling places were canvassed,
 Look at the ticket slate, consider locality or literacy rate the results of which materially affected the standing of the aggrieved candidate/s.
 Rule 211 of the OEC
 Incumbency / Surname
Procedure
 Cannot ascertain – STRAY VOTE
A. Contested composition or proceedings of the board (under RA 7166)
Pre-Proclamation Controversies
It may be initiated in the board or directly with COMELEC.
Definition
A. A pre-proclamation controversy refers to any question pertaining to or B. Contested election returns (under RA 7166)
affecting the proceedings of the board of canvassers which may be raised by any
candidate or by any registered political party or coalition of political parties before Matters relating to the preparation, transmission, receipt, custody and
the board or directly with the COMELEC. appreciation of the election returns, and certificate of canvass, should be brought in the
first instance before the board of canvassers only.
B. It would also refer to any matter raised under Sections 233, 234, 235, and
236 of the Omnibus Election Code in relation to the preparation, transmission, Summary nature of pre-proclamation controversy
receipt, custody, and appreciation of the election returns. (Board of canvassers
have original jurisdiction while COMELEC have appellate jurisdiction) A. Pre-proclamation controversies shall be heard summarily by the COMELEC.
1. When election returns are delayed, lost or destroyed (Sec.233) B. Its decision shall be executory after the lapse of 5 days from receipt by the losing
2. Material defects in the election returns (Sec. 234) party of the decision, unless restrained by the SC.
3. When election returns appear to be tampered with or falsified. (Sec.
235) Effect of filing petition to annul or suspend proclamation
4. Discrepancies in election returns (Sec. 236)
It suspends the running of the period within which to file an election protest or quo
C. Those that can be filed with COMELEC directly are the ff: warranto proceedings.
 Issue involves the illegal composition or proceedings of the board of
canvassers, as when a majority or all of the members do not hold legal
appointments or are in fact usurpers
 Issue involves the correction of manifest errors in the tabulation or tallying
of the results during the canvassing

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When not allowed Appellate Jurisdiction
Pre-proclamation cases on matters relating to the preparation, transmission,
receipt, custody and appreciation of the election returns or the certificates of canvass NOT COMELEC has APPELLATE jurisdiction over all contests involving:
allowed in elections for: (under RA 7166) A. Elective MUNICIPAL officials decided by trial courts of GENERAL jurisdiction
 President B. Elective BARANGAY officials decided by trial courts of LIMITED jurisdiction
 Vice-President
 Senator
 Member of the House of Representatives Who can file a petition contesting the election

BUT: The appropriate canvassing body motu propio or upon written complaint of an Any candidate who has duly filed a certificate of candidacy and has been voted for
interested person can correct manifest errors in the certificate of canvass or election the same office
returns before it.
Purpose of an election contest
BUT: Questions affecting the composition or proceedings of the board of canvassers may
be initiated in the board or directly with COMELEC. The defeated candidate seeks to outs the proclaimed winner and claims the seat.

When pre-proclamation cases are deemed TERMINATED (RA 7166) Final COMELEC Decisions
Provision that decisions, final orders, rulings of the Commission on election
A. All pre-proclamation cases pending before the COMELEC shall be deemed contests involving municipal and barangay offices are final, executory and not appealable:
terminated at the beginning of the term of the office involved and the rulings of the A. This only applies to questions of FACT. ( Flores v. COMELEC, 184 SCRA 484)
boards of canvassers concerned deemed affirmed. B. It does NOT preclude a special civil action of certiorari. (Galido v. COMELEC,
Jan. 18,1991)
B. This is without prejudice to the filing of a regular election protest by the aggrieved
party. Distinctions between Pre-Proclamation Controversy and Election Contest

C. HOWEVER: Proceedings MAY CONTINUE if: 1) Dividing line: Proclamation of a candidate


1. The COMELEC determines that the petition is meritorious and issues an 2) Jurisdiction
order for the proceedings to continue or A. Pre-proclamation controversy
2. The Supreme Court issues an order for the proceedings to continue in a 1.The jurisdiction of COMELEC is administrative/quasi-judicial
petition for certiorari. 2.It is governed by the requirements of administrative due process
B. Election contest
Election Contest 1.The jurisdiction of COMELEC is judicial
2.It is governed by the requirements of judicial process
Original Jurisdiction 3) In some cases, even if the case (involving municipal officials) began with the
COMELEC before proclamation but a proclamation is made before the controversy is
COMELEC has ORIGINAL jurisdiction over contests relating to the elections, resolved, it ceases to be a pre-proclamation controversy and becomes an election
returns, qualifications of all elective: contest cognizable by the RTC.
 Regional 4) However, in some cases, the SC has recognized the jurisdiction of COMELEC over
municipal cases even after proclamation. Relate to the provision in RA 7166 allowing
 Provincial
pre-proclamation controversy proceedings to continue even after a proclamation has
 City officials
been made.

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Election Offenses ( Selected Offenses)

Vote buying and vote-selling


A. Covered acts
1.Give, offer or promise money or anything of value Coercion of a subordinate
2. Making or offer to make any expenditure, directly or indirectly, or cause an
expenditure to be made to any person, association, corporation, entity or A. Who can be held liable
community 1. public officer
3.Soliciting or receiving, directly or indirectly, any expenditure or promise of any 2. officer of a public/private corporation/association
office or employment, public or private 3. heads/superior/administrator of any religious org.
B. Purpose of acts 4. employer/landowner
1. To induce anyone or the public in general to vote for or against any candidate
or withhold his vote in the election or B. Prohibited acts
2. To vote for or against any aspirant for the nomination or choice of a candidate 1. Coercing, intimidating or compelling or influencing, in any manner, any
in a convention or similar selection subordinates, members, parishioners or employees or house helpers,
C. Under RA 6646 (Prosecution of vote-buying/selling) tenants, overseers, farm helpers, tillers or lease holders to aid, campaign or
1. Presentation of a complaint supported by affidavits of complaining witnesses vote for or against a candidate or aspirant for the nomination or selection of
attesting to the offer or promise by or the voters acceptance of money or other candidates.
consideration from the relatives, leaders or sympathizers of a candidate is 2. Dismissing or threatening to dismiss, punishing or threatening to punish by
sufficient basis for an investigation by the COMELEC,directly or through its reducing salary, wage or compensation or by demotion, transfer, suspension
duly authorized legal officers. etc.
2. Disputable presumption of conspiracy:
Proof that at least one voter in different precincts representing at least 20% of Appointment of new employees, creation of new position, promotion or giving
the total precincts in any municipality, city or province has been offered, salary increases
promised or given money, valuable consideration or other expenditure by a
candidate relatives, leaders and/or sympathizsrs for the purpose of promoting A. Who can be held liable: Any head/official/appointing officer of a government office,
the election of such candidate. agency or instrumentality, whether national or local, including GOCCs.
3. Disputable presumption of involvement
Proof affects at least 20% of the precincts of the municipality, city or province B. Prohibited acts
to which the public office aspired for by the favored candidate relates. This will 1.Appointing or hiring a new employee (provisional, temporary or casual)
constitute a disputable presumption of the involvement of such candidate and 2.Creating or filling any new position
of his principal campaign managers in each of the municipalities concerned in 3.Promoting/giving an increase in salary, remuneration or privilege to any
the conspiracy government official or employee.

C. Period when acts are prohibited


1. 45 days before a regular election
2. 30 days before a special election

D. Exceptions

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1. Upon prior authority of COMELEC if it is satisfied that the position to be filled In relation to registration of voters/voting
is essential to the proper functioning of the office/agency concerned AND that  Unjustifiable refusal to register and vote
the position is not filled in a manner that may influence the election  Voting more than once in the same election/voting when not a registered voter
2. In case of urgent need, a new employee may be appointed. Notice of  Voting in substitution for another with or without the latters’ knowledge and/or consent
appointment should be given to COMELEC within 3 days from appointment. etc.

Prohibition against release, disbursement or expenditure of public funds Other election offenses under RA 6646

A. Who can be held liable: Any public official or employee including barangay officials A. Causing the printing of official ballots and election returns by printing establishments
and those of GOCCs/subsidiaries not on contract with COMELEC and printing establishments which undertakes
unauthorized printing
B. Prohibited acts: B. Tampering, increasing or decreasing the votes received by a candidate or refusing
The release, disbursement or expenditure of public funds for any and other kinds after proper verification and hearing to credit the correct votes or deduct the tampered
of public works votes (committed by a member of the board of election inspectors)
C. Refusing to issue the certificate of voters to the duly accredited watchers (committed
C. Period when acts are prohibited: by a member of the BEI)
1. 45 days before a regular election D. Person who violated provisions against prohibited forms of election propaganda
2. 30 days before a special election E. Failure to give notice of meetings to other members of the board, candidate or political
party (committed by the Chairman of the board of canvassers)
D. Exception F. A person who has been declared a nuisance candidate or is otherwise disqualified
1. maintenance of existing/completed public works project. who continues to misrepresent himself as a candidate (Ex. by continuing to campaign)
2. work undertaken by contract through public bidding, or by negotiated contract and any public officer or private individual who knowingly induces or abets such
awarded before the 45 day period before election misrepresentation by commission or omission.
3. payment for the usual cooperation for working drawings, specfications and G. If the chairman of the BEI fails to affix his signature at the back of the official ballot, in
other procedures preparatory to actual construction including the purchase of the presence of the voter, before delivering the ballot to the voter. (under RA 7166)
material and equipment and incidental expenses for wages.
4. Emergency work necessitated by the occurrence of a public calamity but such Prescription of Election Offenses
work shall be limited to the restoration of the damaged facility. 1. Election offenses shall prescribe after 5 years from the date of their commission
5. Ongoing public work projects commenced before the campaign period or 2. If the discovery of the offense is made in an election contest proceeding, the period of
similar projects under foreign agreements. prescription shall commence on the date on which the judgment in such proceedings
becomes final and executory
Suspension of elective, provincial, city, municipal or barangay officer
Jurisdiction of courts
A. General rule: public official CANNOT suspend any of the officers enumerated above A. RTC has exclusive original jurisdiction to try and decide any criminal action or
during the election period. proceedings for violation of the Code.
B. Exceptions B. MTC/MCTC have jurisdiction over offenses relating to failure to register or vote.
1. With prior approval of COMELEC
2. Suspension is for the purpose of applying the Anti-Graft and Corrupt Practices
Act