ELECTION LAW: FINALS FOR APOE STUDY GUIDE
APPOINTMENT:
THE COMMISSIONS ON ELECTIONS:
 The COMELEC ensures purity of elections, outside the
influence of political parties, the legislative, executive and
judicial departments; it is an independent tribunal.
 The COMELEC, constitutional mandate, must do
everything in its power to secure a fair and honest
canvass of the vote casts in the elections.
 In the performance of its duties, the Commission must be
a given considerable latitude in adopting means and
methods that will ensure the accomplishment of the great
objective for which it was created – to promote free,
orderly, and honest elections.
 The choice of means taken by the COMELEC, unless they
are clearly illegal or constitute grave abuse of discretion,
should NOT be interfered with.
COMPOSITION:
 Chairman; and Six (6) Commissioners
QUALIFICATIONS OF MEMBERS:
1. Natural-born citizen;
2. At the time of their appointment, at least thirty-five
(35) years of age;
3. Holders of a college degree;
4. Must NOT have been candidates for any elective
position in the immediately preceding election; and
5. Majority, including the Chairman, shall be a member of
the Bar who has been engaged in the practice of law
for at least (10) years.
ADVINCULA, JUSTINE JANE.
 The President, with the consent of the Commission on
Appointments, shall appoint the Chairman and the
Commissioners for a term of seven (7) years without
reappointment.
POWERS AND FUNCTIONS OF THE COMELEC:
1. Ensure free, honest, orderly, credible and peaceful
elections.
a. EXCEPTIONS: Power to annul an election
involving rge President, Vice-President, and the
Members of the Congress which may NOT have
been free, orderly and dishonest, as such power
is merely preventive, and not curative,
2. Rule-making power;
3. Enforcement and administration of election laws
and regulations relative to the conduct of an
election, plebiscite, initiative, referendum or recall.
a. PURPOSE: To protect the integrity of elections
to suppress all evils that may violate its purity
and defeat the will of the voters.
b. COMELEC has NO authority and license to
expand, extend, or add anything to the law ut
seeks to implement thereby. The IRRS of the
COMELEC issues for that purpose should always
accord with the law to be implemented, and
should NOT override, supplant or modify the
law.
 4. Exclusive control and supervision over the
Automated Election System.
a. COMELEC has abdicated control over the
elections to the Provider, putting the integrity
and outcome of the elections solely in the
hands of the Provider.
5. Power to punish for contempt and issue subpoena;
6. Power to issue auxiliary writs and processes;
7. Quasi-legislative functions; and
8. Quasi-judicial power,
SPECIFIC POWERS OF COMELEC:
1. To declare failure of elections;
2. To call for special elections;
3. To postpone elections;
4. To correct manifest errors in election documents;
a. After proclamation, any alteration or
amendment whether due to clerical error or
otherwise, CANNOT be made without the
intervention of a contempt.
b. With the introduction of the PCOS system.
Every copy should be as good as clear and the
first one. Hence, the problem of manifest errors
might be a thing in the past.
5. To order re-canvass of votes;
a. Recanvass of votes may be made even after
proclamation when its valid order directing the
suspension of the proclamation of a candidate
has been violated.
ADVINCULA, JUSTINE JANE.
6. To annul or suspend proclamation of elected
candidates;
7. To annul an illegal canvass;
8. To transfer polling places;
9. To transfer venue of canvassing of votes;
10. To order opening of ballot boxes;
11. To conduct initiative and plebiscite;
12. To investigate and prosecute election offenses;
13. To deputize, with the concurrence of the President,
law enforcement agencies and instrumentalities of
the government,
NOTES:
 Stand-by power, however, does NOT apply to fixing date of
registration of voters because Sec. 8 of RA 8189 or The
Voter’s Registration Act of 1996, which provides for a
continuing registration of voters, specifically states that:
“No registration shall, however, be conducted
during the period starting 120days before a regular
election and 90days before a special election.”
 COMELEC has NO power to decide questions involving
right to vote.
 COMELEC has NO jurisdiction to resolve the issue
regarding the right to vote, the same being cognizable by
the courts in the proceedings for the exclusion or inclusion
of voters.
 COMELEC has NO power to include and exclude voters.
Currently, the jurisdiction to decide controversies on
inclusion or exclusion of voters belongs to the MTC AND
METC.
QUALIFICATIONS OF VOTERS:
(ARTICLE V. – SUFFRAGE, 1987 CONSTI.)
1. CITIZENSHIP- Filipino Citizen;
2. AGE- At-least 18 years of age;
a. Any person who, on the day of the registration
may have reached the required age but, who,
on the day of the election shall possess such
qualifications, may register as a voter.
3. RESIDENCE-
a. Resident of the Philippines for at least one (1)
year and of the place where he proposes to
vote for at least six (6) months.
b. The requirement of residence is synonymous
with domicile, meaning that a person must
intent to reside in a particular place and have
a personal presence in such place couples with
conduct indicative of such intention.
c. As to the Transfer of Residence: Any person
who, transfers residence to another city,
municipality, or country solely by reason of his
occupation, profession, employment in private
or public service, educational activities, work in
military or naval reservations, service in the
army, navy or air force, the constabulary or
national police force, or confinement or
detention in government institutions in
accordance with law shall be deemed NOT
have lost his original residence.
ADVINCULA, JUSTINE JANE.
4. NOT disqualified by law-
a. No literacy, property, or other substantive
ability shall be imposed in the exercise of
suffrage.
b. There exists NO presumption that a person
entitled to vote and that burden is in the citer
to prove that he has the qualifications and
none of the disqualifications prescribed by law.
DISQUALIFICATIONS OF VOTERS:
(OEC, ARTICLE XII, SEC. 118)
1. Persons convicted by final judgement to suffer
imprisonment for NOT less than (1) year, UNLESS
pardoned or granted amnesty. However, the right to
vote is reacquired upon expiration of (5) years after
the service of sentence;
2. Persons adjudged by final judgement as having
committed any crime involving disloyalty to
government or any crime against National Security;
and
3. Insane or Incompetent persons as declared by
competent authority.
REGISTRATION OF VOTERS:
REGISTRATION:
 The act of accomplishing and filing a sworn application for
the registration by a qualified voter BEFORE the election
officer of the city or municipality wherein he resides and
including the same in the book of registered voters upon
approval by the Election Registration Board (ERB).
(RA 8189, Sec. 3, Par. (a)).
 Registration does NOT confer the right to vote; it is but a
condition precedent to the exercise if the right.
Registration is a regulation, NOT a qualification.
NECESSITY OF REGISTRATION:
 In order that a qualified elector may vote in any election,
plebiscite or referendum, he MUST be registered in the
permanent list of voters for the city or municipality in
which he resides.
 REGISTRATION RECORD:
o An application for registration duly approved by the
ERB.
 BOOK OF VOTERS:
o Compilation of all registration records in a precint.
o All registration records in possession of the election
officer shall be open to examination by the public for
legitimate inquiries on election related matters, free
from any charge or access fee.
 LIST OF VOTERS:
o An enumeration of names of registered voters in a
precint duly certified by the ERB for use in the
election.
ADVINCULA, JUSTINE JANE.
 Election Registration Board (ERB):
o The body constituted to act on all applications for
registration.
o There shall be in each city and municipality as many
ERBs as there are election officers therein. In thickly
populated cities or municipalities, the Commission
may appoint additional election officers for such
duration as may be necessary.
COMPOSITION:
1. Election Officer (EO) as Chairman; and
o In case of disqualification, the Commission shall
designate an acting EO.
2. Members:
a. Public school official most senior in rank; and
b. Local civil registrar, or in his absence, the city or
municipal treasurer
o In case of disqualification or non-availability, the
Commission shall designate another appointive civil
service official.
NOTES:
 No member of the Board shall be related to each other or
to any incumbent city or municipal elective official within
the 4th civil degree of consanguinity or affinity.
 If in succeeding elections, any of the newly elected city or
municipal officials is related as aforementioned to a
member of the ERB, such member is automatically
disqualified to preserve the integrity of the ERB.
PREPARATION AND POSTING OF CERTIFIED LIST OF VOTERS:
 The ERB shall prepare and post certified list of voters
o 90 days before a REGULAR ELECTION; and
o 60 days before a SPECIAL election
SYSTEM OF CONTINUING REGISTRATION OF VOTERS:
 No registration shall, however be conducted during the
period starting:
o 120 days before a REGULAR ELECTION; and
o 60 days before a SPECIAL ELECTION
enough time for the COMELEC to make all the necessary
preparations with respect to the coming elections
including:
1. Completion of project precints, which is necessary for
the proper allocation of official ballots, election returns
and other election forms and paraphernalia;
2. Constitution of the Board of Election Inspectors,
including the determination of the precints to which
they shall be assigned;
3. Finalizing the Computerized Voters List;
4. Supervision of the campaign periosl and
5. Preparation, biddinh, printing and distribution of
Voter’s Information Sheet
COMELEC CANNOT CHANGE REGISTRATION PERIOD BY MERE
RESOLUTION:
 The period within which voters may register to vote is set
by law and CANNOT be changed by mere resolution of the
COMELEC.
ADVINCULA, JUSTINE JANE.
DISQUALIFICATIONS TO REGISTER AS A VOTER:
 Same grounds for disqualification for suffrage.
CHALLENGES TO THE RIGHT TO REGISTER:
 Any voter; candidate or representative e of a registered
political party may challenge in writing any application for
registration, stating the ground therefor. The challenge
shall be attached to the application, together with the
proof of notice of hearing to the challenger and the
applicant.
 Oppositions to contest a registrant’s application for
inclusion in the voter’s list must, in all cases, be filed NOT
later than the second Monday of the month in which the
same is scheduled to be heard or processed by the ERB.
 The hearing on the challenge shall be heard on the third
Monday of the month and the decision shall be rendered
before the end of the month.
MANDATORY BIOMETRICS VOTER REGISTRATION:
- BIOMETRICS: it refers to the quantitative analysis that
provides a positive identification of an individual such
as voice, photograph, fingerprint, signature, irirs
and/or such other identifiable features.
o PURPOSE: To establish a clean, complete, permanent
and updated list of voters through the adoption of
biometric technology.
- Registration regulated the exercise of the right of
suffrage and NOT a qualification for such right.
 - WHO SHALL SUBMIT FOR BIOMETRICS
REGISTRATION:
1. New Voters – COMELEC shall implement a mandatory
biometrics registration system; and
2. Registered voters whose biometrics have NOT been
captured.
- VALIDATION:
o The process of taking the biometrics of registered
voters whose biometrics have NOT been captured. It
shall be conducted by the City or Municipal Election
Officer.
- EFFECT OF FAILURE TO SUBMIT FOR VALIDATION:
o Shall be DEACTIVATED.
o Those deactivated may apply for reactivation after
elections.
- DATABASE SECURITY:
o Secured by COMELEC and shall NOT be usedm under
any circumstances, for any purpose ither than for
electoral exercises.
REGISTRATION OF ILLITERATES OR PWD VOTERS:
 They may register with the assistance of the Election
Officer or any member of an accredited citizen’s arms;
 Application for registration may be prepared by any
relative within 4th civil degree of consanguinity or affinity
or by the Election Officer or any member if an accredited
citizen’s arms using the data supplied by the applicant.
ADVINCULA, JUSTINE JANE.
INSTANCES WHEN THE LIST OF VOTERS WILL BE ALTERED:
1. Deactivation/ Reactivation;
2. Exclusion/ Inclusion;
3. Cancellation of Registration;
4. Annulment of Book Voters;
5. New Voters; and
6. Transfer of Residence.
I. DEACTIVATION OF VOTERS:
o Deactivating and removing the registration records
from corresponding precint book of voters and placing
the same in the inactive file, properly marked
“deactivated” and dated, after entering the cause(s) of
deactivation.
- CAUSES OF DEACTIVATION:
1. Any persons has been sentenced by final judgement
to suffer imprisonment for NOT less than (1) year,
such disability not having been removed by plenary
pardon or amnesty. A person disqualified may
reacquire the right to vote upon expiration of 5years
after the service of sentence as certified by the clerks
of court of the Municipal, Municipal Circuit,
Metropolitan/ TYC and the Sandiganbayan.
2. Any person declared by competent authority as
insane or incompetent. He may regain right to vote
upon declaration of proper authority that he is no
longer insane or incompetent.
3. Any person who has been adjudged by final
judgement by a competent court or tribunal of having
caused/ 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 the full civil and political rights in
accordance with the law. He may regain right to vote
automatically upon expiration of 5years after service
of sentence.
4. Any person who did NOT vote for 2 successive
preceding regular elections as shown by their voting
records. (excluding SK elections)
5. Any person who has lost his Filipino citizenship.
6. Any person whose registration has been orders
excluded by the court.
7. Voters who fail to submit for validation on or before
the last day of the filing of application for registration
purposes.
I. REACTIVATION OF VOTERS:
1. Voter whose registration has been deactivated may file
with the EO a sworn application for reactivation of his
registration in the form of an affidavit stating the
ground for the deactivation no longer exist;
2. Any time but NOT later than
a. 90 days before a REGULAR ELECTION; and
b. 60 days before a SPECIAL election.
3. EO shall submit said application to the ERB for
appropriate action.
4. In case the application is approved, the EO shall
retrieve the registration record from the inactive file
and include the same in the corresponding precint
book of voters;
ADVINCULA, JUSTINE JANE.
5. Local heads or representatives or political parties shall
be properly notified on approved applications.
LOCAL AND OVERSEAS ABSENTEE VOTING:
- GENERAL RULE: A person must be physically present in
the polling place whereof he is a registered voter to be
able to vote.
- EXECEPTIONS:
1. Members of the Boards of Election Inspector
2. Government officials and employees, including
members of AFP and PNP, who, by reason of public
functions and duties, is NOT in his/her place of
registration on election day, may vote in the
city/municipality whe he/she is assigned on
election day: Provided, that he/she is a duly
registered voter.
3. Local Absentee Voting for Media: Provided, that
they shall be allowed to vote only for the positions
of President, Vice-President, Senators and Party-list
representative; and
4. Overseas Voter- qualified under RA 10590 or The
Overseas Voting Act if 2013, not otherwise
disqualified by law, who is abroad on the day of
elections. A qualified overseas voter may vote for
President, Vice-President, Senators and Party-List
representatives; as well as in all National Referenda
and Plebiscites.
 o REQUIREMENTS FOR REGISTRATION AS AN OVERSEAS
VOTER:
1. A valid PH passport, and in the absence of such, a DFA
certification that has found the applicant’s documents
sufficient to warrant the issuance of passport, or that
the applicant is holder of a valid passport but is unable
to produce the same for a valid reason;
a. In case of a seafarer, a photocopy of his Seaman’s book
or any other pertinent document must be presented.
b. Applicants who availed themselves of Citizen Retention
and Reacquisition Act shall present the original or
certified true copy of the order of approval of their
application to retain or reacquire their Filipino
citizenship issued by the post or their identification
certificate issued by the BIR.
2. NOT disqualified by law;
3. At least 18years of age on the day of the elections
4. Accomplished registration form prescribed by the
Commission.
NOTE:
- An overseas voter is presumed to be abroad until
he/she applies for transfer of his/her registration
records or requests that his/her name be cancelled
from the National Registry of Overseas Voters.
DIQUALIFIED FROM REGISTERING AND VOTING:
DETAINEE VOTING:
ADVINCULA, JUSTINE JANE.
1. Those who have lost their filipino citizenship in
accordance with the PH laws;
2. Those who have expressly renounced their
citizenship and who have pledged allegiance to a
foreign country; EXCEPT dual citizens under RA
9225, Citizenship and Reacquisition Act of 2003.
3. Those who have committed and are convicted in
final judgement by a PH court or tribunal of an
offense punishable by imprisonment for NOT less
than (1) year, such disability not having been
removed by plenary pardon or amnesty: Provided,
however, a person disqualified shall automatically
acquire the right to vote upon expiration of 5years
after the service of sentence.
4. Any citizen of the PH abroad previously declared by
competent authority in the PH or abroad, as insane
or incompetent, as verified by the PH embassies,
consulates or foreign service establishments
concerned, UNLESS such competent authority
subsequently certifies that he is no longer insane or
incompetent.
5. An immigrant or permanent resident who is
recognized as such in the host country, UNLESS he
executes upon filing of an application for
registration as overseas absentee voter, an affidavit
declaring that:
 He shall resume actual physical permanent
residence in the PH; and
 He has NOT applied for citizenship in another
country.
 - WHO: 1. Persons convicted by final judgement to suffer
1. Confined in jail (charged for any crime/s and imprisonment for NOT less than (1) year, UNLESS
awaiting/ undergoing trial; pardoned or granted amnesty. However, the right
2. Serving sentence of imprisonment for NOT less to vote is reacquired upon expiration of (5) years
than 1year; or after the service of sentence;
3. Whose conviction of a crime involving disloyalty 2. Persons adjudged by final judgement as having
or any crimes against National Security or for any committed any crime involving disloyalty to
other crime is on appeal. government or any crime against National
- Availed by any registered detainee whose registration Security. The right to vote is reacquired upon
record is NOT deactivated/cancelled. expiration of (5) years after the service of sentence;
- Voting may be done through the: and
 Special polling place inside jails; or 3. Insane or Incompetent persons as declared by
 It shall be established in jails with at least 50 competent authority
detainee voters who are residents and
registered as such in the municipality or city
where the jail is located.
 Escorted voting:
 Detainee voters who are residents/ registered
voters of municipalities/cities other than the
town/city of detention; and
 Detainee voters in detention centers/jails where
NO special polling places are stablished.
- Detainees who shall be 18 years of age on the day of
election and/or are committed inside detention
centers for atl east 6 months immediately preceding
the Election day may be registered as a voter.
- Detainees who are already registered voters may
apply for transfer of registration records as warranted
by the circumstances.

- DIQUALIFICATIONS FOR DETAINEE VOTERS:

ADVINCULA, JUSTINE JANE.

 II. PETITION FOR
INCLUSION AND PETITION FOR EXCLUSION
PRAYER
Any person whose application for registration has been Any registered voter, representative of a political party or the
DISAPPROVED by the Board or whose name has been STRICKEN EO, may file with the court a sworn petition for exclusion of a
OUT from the list may file with the court of a petition to include voter from the permanent list of voters giving the name, address
his name in the permanent list of voters. and precint of the challenged voter.
VENUE
MTC and MeTC shall have original and exclusive jurisdiction.
TIME OF FILING
Any time EXCEPT Any time EXCEPT
105 days prior to a RE or 100 days prior to a RE or
75 days prior to a SE 65 days prior to a SE
ACCOMPANYING DOCUMENTS
Certificate if disapproval of his application; and Proof of notice to the Board and to the challenged voter.
Proof of service of notice of his petition.
PERIOD TO DECIDE
Within 15days AFTER its filing. Within 10days AFTER its filing.
APPEAL
Decisions of MTC and MeTC may be appealed by the aggrieved party to the RTYC within 5 days from the receipt of Notice thereof.
Otherwise, said decision shall become final and executory.

RTC shall decide within 10 days from the time it is received, and the decision shall become final and executory.
NO MOTION FOR RECONSIDERATION SHALL BE ENTERTAINED.

NOTES: by the regular courts in the proceeding for the EXC or

- COMELEC has NO jurisdiction to resolve the issue INC of voters
regarding the right to vote, the same being cognizable - RTC’s jurisdiction: disqualifications of Right to vote
only.

ADVINCULA, JUSTINE JANE.

 III. ANNULMENT OF BOOK VOTERS ERB shall transfer his registration records to the
- The Commission shall upon verified petition of any precint book of voters of his new precint and notify
voter or election officer or duly registered political the voter of his new precint.
party, and after notice and hearing, annul any book of
voters:
1. That is NOT prepared in accordance with the
Provisions of RA 8189, The Voter’s Registration ACT
of 1996;
2. That was prepared, through fraud, bribery, forgery,
impersonation, intimidation, force or any similar
irregularity; or
3. That which contains data that are statistically
improbable.
- NO order, ruling or decision annulling a book of voters
shall be executed within 90 days before an election.
- The annulment of list of voters shall NOT constitute a
ground for a pre-proclamation contest.

IV. TRANSFER OF RESIDENCE:

- Change of residence to ANOTHER city or municipality:
o Any registered voter may apply with the EO of his new
residence for the transfer of his registration records.
The application shall be subject to notice and hearing
and approval of the ERB.
- Change of address in the SAME city or municipality:
o Voter shall immediately notify the EO in writing. If the
change of address involves a change in precint, the

ADVINCULA, JUSTINE JANE.


ELECTION OF PARTY-LIST REPRESENTATIVES:
PARTY:
- Either political party or a sectoral party or a coalition
of parties.
POLITICAL PARTY:
- Organized group of citizens advocating an ideology or
platform, principles and policies for the general
conduct or government and which, as the most
immediate means of securing adoption, regularly
nominates and supports certain of its leaders and
members as candidates of public office.
- NATIONAL: at least majority of the region
- REGIONAL: least a majority of the cities and provinces
comprising the region
SECTORAL PARTY:
- They are the ff: Firsherfolk; Labor; Overseas Workers;
Peasants; Professionals; Youth; Handicapped; Urban
poor; Veterans; Indigenous cultural communities;
Elderly; and Women
SECTORAL ORGANIZATION
ADVINCULA, JUSTINE JANE.
- Group of citizens or a coalition of groups of citizens
who share similar physical attributes or interests
characteristics, employment, or concerns (e.g. LGBT)
COALITION
- Aggrupation of duly registered national, regional,
sectoral parties or organizations for political and/ or
election purposes.
REGISTRATION:
- Any organized group of persons may register as a
party, organization or coalition for purposes of the
party-list system by filing with the COMELEC not later
than 90 days before the election a petition verified by
its president or secretary stating its desire to
participate in the party-list system as a national,
regional or sectoral party or organization or a
coalition of such parties or organizations.
- PURPOSE OF REGISTRATION:
1. To acquire Juridical personality;
2. To entitle it to Rights and Privileges grated to
political parties; and
3. To qualify for subsequent accreditation.
- GROUNDS FOR REFUSAL AND/OR CANCELLATION OF
REGISTRATION:
1. It is a religious denomination or sect, organization
or association, organized for religious purposes;
2. Advocates violence/unlawful means toseek its goal;
3. It violates or fails to comply with laws, rules and
regulations relating to elections;
4. It is a foreign party of organization;
 5. It is receiving support from any foreign
government, foreign political party, foundation
organization, whether directly or through third
parties for partisan election purposes;
6. It declares untruthful statements;
7. It has ceased to exist for at least 1year; or
8. It fails to participate in the last 2 preceding
elections or fails to obtain 2% votes cast in the 2
preceding elections.
- REFUSAL OF THE PETITION FOR REGISTRATION:
happens during the inceptive stage when an
organization seeks admission into the roster of
COMELEC-registered party-list organizations.
- CANCELLATION OF REGISTRATION: happens after the
fact of registration when an inquiry is handed down
by the COMELEC, motu propio or upon verified
complaint.
PARTY-LIST SYSTEM:
- A mechanism of proportional representation in the
election of representatives to the HOR, from National,
regional and sectoral parties, organizations and
coalitions thereof.
- It was devised to replace the reserve seat system. The
very essence of which is representation by election.
- PURPOSE: it is intended to democratize political
power by giving political parties that CANNOT win in
legislative district elections a chance to win seats in
the HOR.
- It is for sectoral and non-sectoral parties.
ADVINCULA, JUSTINE JANE.
NOMINATION OF PARTY-LIST REPRESENTATIVES:
1. Each registered party, organization or coalition
shall submit to the COMELEC NOT later than
45days before the election of names, NOT less
than 5, from which party-list representatives shall
be choses in case it obtains the required # of votes.
2. A person may be nominated in 1 list only.
3. Only persons who have given their CONSENT in
writing may be named in the list,
4. The list shall NOT include any candidate for any
elective office or a person who has lost his bid of
an elective office in the immediately preceding
election.
5. NO change of names or alteration of the order of
nominees shall be allowed after the same shall
have been submitted to the COMELEC except:
o When the nominee withdraws in writing his
nomination;
o When the nominee becomes incapacitated in
which case the name of the substitute
nominee shall be placed last in the list; or
o When the nominee dies;
 6. Incumbent sectoral reps- NOT considered resigned.
QUALIFICATIONS OF PARTY-LIST REPRESENTATIVESL:
1. Natural-born citizen of the Philippines;
2. Able to read & write;
3. Registered voter;
4. A bona fide member of the party or organization
which seeks to represent for atleast 90days
preceding the day of election;
5. At least 25 years of age; Youth sector, he must at
least 25yo-30yo on the day of election- allowed to
continue office until expiration of his term; and
6. A resident of the PH for a period of NOT less than
1year immediately preceding the day of election.
CERTIFIED LIST OF VOTERS:
- The COMELEC shall, NOT later than 60days before
election, prepare a certificate list of national, regional
or sectoral parties, organizations or coalitions which
have applied or who have manifested their desire to
participate under the party-list system and distribute
copies thereof to all precints for posting in the polling
places on election day.
ADVINCULA, JUSTINE JANE.
- The names of the party-list of nominees shall NOT be
shown on the certified list.
MANNER OF VOTING:
- Every voter shall be entitled to 2 votes:
1. For candidate for member of the HOR in his
legislative district; and
2. For the party, organization, or coalition he wants
represented in the HOR: Provided, that a vote cast
for a party, sectoral organization or coalition NOT
entitled to be noted for shall NOT be counted.
FOUR (4) PARAMETERS IN THE PH PARTY-LIST ELECTION
Veterans Federation Party v. COMELEC
1. 20% ALLOCATION: 20% of the total number of the
membership of the HOR is the maximum number of
seats available to part-list organizations, such that
there is automatically 1 party-list seat for every 4
existing legislative districts.
i. HOR: NOT more than 150 members, unless fixed by law.
ii. PLRs: NOT more than 20% of the members of HOR.
2. GUARANTEED SEAT FOR A PARTY-LIST ORGANIZATION
GARNERING 2% OF THE TOTAL VOTES CAST: The
guaranteed seats shall be distributed in first round of
seat allocation to parties receiving at least 2% of the
total party-list votes. “two-percenters”
3. PROPORTIONAL REPRESENTATION: The additional
seats shall be distributed to the party-list organizations
garnering sufficient number of votes in proportion to
their total number of votes until all additional seats
 are allocated. To limit the distribution of seats to the
two-percenters would be mathematically prevent filing
up of all available party-list seats.
4. THE THREE-SEAT CAP: Each qualified party, regardless
of the number of votes it actually obtained, is entitled
only to a maximum of 3seats.
PARAMETERS IN DETERMINING WHO MAY PARTICIPATE IN
THE PARTY-LIST ELECTIONS: (Atong Paglaum Inc. v. COMELEC)
1. THE 3 DIFFERENT GROUPS WHO MAY PARTYICIPATE IN
THE PARTY-LIST ELECTIONS
a. National parties or organizations;
b. Regional parties or organizations; and
c. Sectoral parties or organizations;
2. National Parties or organizations and regional parties or
organizations do NOT need to organize along sectoral
lines and do NOT need to represent any marginalized and
underrepresented sect.
3. Political parties can participate in party-list elections
(only through sectoral wing) provided they register under
the party-list system and do NOT field candidates in
legislative district elections. Sectoral wing is by itself an
independent sectoral party and is linked to political party
thru a coalition.
4. Sectoral parties or organizations may either be
marginalized and underrepresented (Firsherfolk; Labor;
Overseas Workers; Peasants; Professionals; Youth;
Handicapped; Urban poor; Veterans; Indigenous cultural
communities; Elderly; and Women) in well-defined
political constituencies.
ADVINCULA, JUSTINE JANE.
5. A majority of the members of sectoral parties or
organizations that represent the marginalized and
underrepresented or that represent those who lack well-
defined political constituencies must belong to the
respective sectors that they represent. The nominees of
such must have a track of record of advocacy for their
respective sectors.
6. National, regional and sectoral parties or organizations
shall NOT be disqualified if some of their nominees are
disqualified, provided that they have at least 1 nominee
who remains qualified.
HOW PARTY-LIST REPRESENTATIVES ARE CHOSEN:
- Shall be proclaimed by the COMELEC based on the list
of names submitted by the respective parties,
organizations, or coalitions to the COMELEC according
to their ranking in said list.
TERM OF OFFICE:
1. Three (3) years;
2. No party-list representatives shall serve for more
than 3 consecutive terms; and
3. Voluntary renunciation of the office for any length
of time shall NOT be considered as an interruption
in the continuity of his service for full terms for
which he was elected.
VACANCY IN THE SEATS RESERVED FOR PARTY-LIST
REPRESENTATIVES:
 - Vacancy shall be automatically filled by the next
representative from the list of nominees in the order
submitted to the COMELE by the same party,
organization, or coalition, who shall serve for the
unexpired term.
- If the list is exhausted, the party, organization, or
coalition concerned shall submit additional nominees.

EFFECT OF CHANGE OF AFFILIATION:

- He who changes his affiliation during his term of office
shall forfeit his seat: Provided, if he changes his
affiliation within 6mos before an election, he shall
NOT be eligible for nomination as party-list
representative under his new party or organization.

ADVINCULA, JUSTINE JANE.

 VICE PRESIDENT & PRESIDENT SENATOR
Natural-born citizen
Registered Voter
Able to read and write
At least 40yo on the day of At least 35yo on the day of
election election
Resident of the PH for at least Resident of the PH for at least
10years immediately preceding 2years immediately preceding
the day of election the day of the election
CANDIDATES AND CERTIFICATES OF CANDIDACY:
LOCAL ELECTIONS:
CANDIDATE:
DISTRICT GOV/VICE GOV; MAYOR/VICE MAYOR;
- Any person aspiring for or seeking an elective public REPRESENTATIVE PUNONG BRGY/ SANGGUNIAN MEMBERS
office, who has filed a COC, by himself through an S
accredited political party. Natural-born Citizen of the Philippines
- He is deemed official candidate only upon the start of citizen
campaign period, enhance he is liable for election Registered voter Registered voter in the barangay,
offenses only upon the start of said period. in the district in municipality, city or province, or, in the case
which he shall be of a member of the sangguniang
QUALIFICATIONS: elected. panlalawigan, panglungsod or bayan, the
- Q prescribed by law are continuing requirements and district where he intend to be elected.
must be processed for the duration of the officer’s read & write read & write
active tenure. Once any of the required qualification is At least 25yo on On election day, age must be:
the day of the (a) 23 years old- governor, vice-gov,
lost, his title to the office may be seasonably changed.
election. member of sangginiang
- The law does NOT specify any particular date or time
panlalawigan, mayor, vice mayor, or
when the candidate must possess citizenship unlike member of the sangguniang
that for residence and age. panglungsod of HUC;
- It must be possessed upon proclamation or on the (b) 21 years old- mayor or vice mayor of
day that the term begins. ICC, CC, or municipalities.
(c) 18 years old- member of the
NATIONAL CANDIDATES: sangguniang panlungsod or bayan, or
punong barangay or member of the

ADVINCULA, JUSTINE JANE.

 sangguniang barangay.
(d) 18-24 years old- sangguniang
kabataan
Resident of the Resident therein for at least 1 year
same district for a immediately preceding the election.
period of NOT less
than 1 year
immediately
preceding the day
of election.
NATURAL-BORN CITIZENS
- Citizens of the PH from birth without having to
perform any act to acquire or perfect their PH
citizenship.
RESIDENCY:
- Question of residence is a question of intention.
- Guidelines:
1. Every person has a domicile or residence
somewhere;
2. Where once established, the domicile remains until
he acquires a new one; and
3. A person can have but once domicile at a time.
- PURPOSE: In order to give candidates the opportunity
to be familiar with the needs, difficulties, aspirations,
potentials for growth and all matters vital to the
welfare of their constituencies. Likewise, it enables
the electorate to evaluate the office seekers’
qualification and fitness for the job they aspire for.
DISQUALIFICATIONS UNDER SEC 12 OF THE OEC:
- Applicable to candidates for both LEO and DP:
1. Declared as incompetent or insane by competent
authority;
2. Convicted by final judgement for subversion,
insurrection, rebellion or any offense for which he
has been sentenced to a penalty of more than
18months imprisonment, before the expiration of
a period of 5years from his service of sentence.
3. Convicted by final judgment for a crime involving
moral turpitude (BP22; Direct Bribery; Anti-Fencing)
4. Any person who is a permanent resident of or
immigrant to a foreign country, UNLESS said
person has waived his status as permanent
resident or immigrant of a foreign country in
accordance with the residence requirement
provided for in the election laws.
DISQUALIFICATIONS UNDER LGC:
1. Insane or feeble-minded;
2. Fugitives from justice in criminal or non-political
cases here or abroad; (flee to avoid punishment
and prosecution)
3. Immigrants or those who have acquired the right to
reside abroad and continue to avail of the same
right after the effectivity of this Code;
4. Those with dual citizenship;
o Refers to citizens with dual allegiance; loyalty
to 2 or more states
o Natural-born citizens who reacquire their
citizenship and seek elective office must take
the oath of allegiance and, at the time of the

ADVINCULA, JUSTINE JANE.

 filing of the certificate of candidacy, make
personal and sworn renunciation before any
public officer authorized to administer oath.
o In the absence of any official action or
approval by the proper authorities, a mere
application for registration, does NOT, and
CANNOT, amount to an automatic
reacquisition of the applicant’s Philippine
citizenship.
5. Those convicted by final judgement for violating
the Oath of allegiance to the Republic;
6. Those removed from office as a result of an
administrative case;
o An elective local official who was removed
from office as a result of an administrative
case prior to January 1, 1992- the date of
effectivity of the LGC- is NOT disqualified
from running for an elective local public
office, because Sec. 40 of the LGC CANNOT
be given retroactive effect.
7. Those sentenced by final judgement for an offense
involving moral turpitude or for an offense
punishable by 1year or more of imprisonment,
within 2years after serving sentence.
o Those who have NOT served their sentence
by reason of the grant of probation which
should NOT be equated with the service of
sentence, should NOT likewise be
disqualified from running for a local elective
office because the two-year period of
ineligibility does NOT even begin to run.
ADVINCULA, JUSTINE JANE.
ADDITIONAL GROUNDS FOR DISQUALIFICATION:
1. One (1) who committed acts of Terrorism to
enhance his candidacy;
2. One (1) who spent in his election campaign an
amount in exceed of that allowed by law;
3. One (1) who has given money or other material
consideration to influence voters or public officials
performing electoral functions;
4. One (1) who has violated provisions on:
o Campaign period;
o Removal and destruction of lawful election
propaganda;
o Prohibited forms of propaganda; or
o Regulation of propaganda through mass
media; and
5. One (1) who solicited or received or made any
contribution prohibited by law.
CERTIFICATE OF CANDIDACY:
- A statement of a person seeking to run for a public
office certifying that he announces his candidacy for
the office mentioned and that he is eligible for the
 office, the name of the political party to which he
belongs if he belongs to any, and his post-office
address for all election purposes being as well stated.
- No person shall be eligible for any elective office
UNLESS he files a sworn certificate of candidacy
within the period fixed by law.
- Any vote in favor of a person who has NOT filed a COC
or in favor of a candidate for any office for which he
did NOT present himself is void and is counted as
stray vote but it does NOT invalidate the whole ballot.
EFFECTS OF FILING A CERTIFICATE OF CANDIDACY:
1. Appointive officials’ automatic resignation: officials
holding appointive offices, including active
members of AFP and officers of GOCC shall be
considered ipso facto resigned upon the filing of his
COC. It applies to GOCC without an original charter.
- ELECTIVE OFFICIALS VS. APPOINTIVE OFFFICIALS
Election Designation by an
appointing authority.
Engagement in Partisan Political Activities
Obviously expressly As officers and
allowed to take part in employees in the civil
political and electoral service, are strictly
activities. prohibited from
engaging in any partisan
political activity or take
part in any election
ADVINCULA, JUSTINE JANE.
EXCEPT to vote.
2.Filing of two (2) certificates of candidacy: when a
person files two 2 COC for different offices, he
becomes ineligible for either position.
- He may withdraw one of his certificates by filing a
sworn declaration with the Commission before the
deadline for the filing of COC.
EFFECT OF FORMAL DEFECTS IN THE CERTIFICATE OF
CANDIDACY:
- The election of a candidate CANNOT be annulled on
the sole ground of formal defects in his COC.
- The will of the people CANNOT be frustrated by a
technicality consisting in that his certificate of
candidacy had NOT been properly sworn to.
EFFECT OF COC DECLARED VOID AB INITIO:
- A COC cancelled under OEC, whether before or after
the elections, means that the person was NEVER a
candidate from the very beginning, his COC being void
ab initio.
- When the candidate turned out to be ineligible, their
victory is voided.
- The proclaimed ineligible candidate who already
assumed office is a de facto officer. When a de facto
officer is ousted from office, there is NO vacancy to
speak of as the de jure officer has the legal right to
assume the position.
EFFECT OF VALID COC AT FILING BUT SUBSEQUENTLY
CANCELED:
 - The second-place CANNOT be proclaimed the winner.

WITHDRAWAL OF CERTIFICATE OF CANDIDACY PROCEDURE:

- Any who has filed a COC may, at any time before
Election Day and subject to Sec. 15 hereof, file
personally a Statement of Withdrawal shall be
accepted if filed by person other than the candidate
himself or if filed by mail, electronic mail, telegram or SUBSTITUTION OF CANDIDATES:
facsimile.
- The filing of a withdrawal of a COC shall NOT affect SITUATION IS SUBSTITUTION CONDITION
ALLOWED?
whatever civil, criminal or administrative liabilities a If after the last day for Yes Only a person
candidate may have incurred. the filing of COC, an belonging to, and
official candidate of a certified by, the same
EFFECT: registered or accredited political party may file
- The withdrawal of a certificate of candidacy shall effect political party: a COC to replace the
the disqualification of the candidate to be elected for - Dies; candidate who died,
the position. - Withdraws; or withdrew or was
- The person who has withdrawn his COC for a position - Is disqualified disqualified NOT later
shall NOT be ineligible, whether as a substitute for any cause. than mid-day of the
day of the election.
candidate or NOT for any other position
When the candidate No
- The withdrawal of a certificate of candidacy does NOT
who dies is an
necessarily render it void ab initio. Once filed, the independent candidate.
permanent legal effects (such as automatic No
resignation) produced thereby remain even if the
certificate itself be subsequently withdrawn. SAME SURNAME POLICY:
- Substitute for a candidate who died or is disqualified
WITHDRAWAL OF WITHDRAWAL: by final judgement may file a COC from December 11,
- For the purpose of reviving the COC, must be made 2015 up to mid-day of election day provided that, the
within the period provided by law for filing of COC. substitute and the substituted have the same
surnames.

ADVINCULA, JUSTINE JANE.

 - If the death or disqualification should occurs between
the day before the election and mid-day of Election
Day, the substitute candidate may file a COC; provided
that, the substitute and the substituted candidate have
the same surnames.
DUTY OF COMELEC IN RECEIVING COCs
- GENERAL RULE: COMELEC has ministerial duty to
receive and acknowledge COCs.
- EXCEPTIONS:
Instances when COMELEC may go beyond the
face of the COC:
o Authority over Nuisance candidates;
o Power to deny due course to or cancel a COC; or
o Filing of a Disqualification case of any of the
ground enumerated therein.
MATERIAL MISREPRESENTATIONS IN THE COC: (CANCELLED)
- A verified petition seeking to deny due course or to
cancel COC on the ground that any material
representation contained therein as required by
Section 74 hereof is false. The petition may be filed at
any time NOT later than 25days from the filing of the
COC and shall be decided, after due notice and
hearing, NOT later than 15days before the election.
NUISANCE CANDIDATES:
- Those whose COC are presented and filed to cause
confusion among voters by the similarity of the names
ADVINCULA, JUSTINE JANE.
of candidates or by other circumstances or acts which
clearlt demonstrate the candidate has no bona fide
intention to run for the office for which COC has been
files and thus prevent a faithful determination of the
true will of the electorate.
- GROUNDS FOR FILING A CASE AGAINST A NUISANCE
CANDIDATE:
The COMELEC may motu proprio (on his own
impulse) or upon verified petition of an interested
party, refuse to give due course to or cancel a COC is
shown that said certificate was filed:
1. To put the election process in mockery or
disrepute;
2. By other circumstances or acts which
demonstrate that a candidate has NO bona fide
(without intention to deceive; genuine) Intention
to run for the office for which his COC has been
filed, and thus prevent a faithful determination
of the true will of the electorate; and
3. To cause confusion among voters by similarity
of names of registered candidates.
- PERIOD TO FILE PETITION AGAINST NUISANCE: within
5days from the last day for the filing of COC.
- VOTES CAST FOR A NUISANCE ARE NOT STRAY VOTES:
It shall be counted in favor of the boni fide
candidate:
 1. A petition to cancel or deny a COC under Sec. 69
of the OEC should be distinguished from a
petition to disqualify under Sec. 68. HENCE, the
legal effect of such cancellation of a COC if a
nuisance candidate disqualified on the grounds
provided in the OEC and LGC.
2. The possibility of confusion in names of
candidates if the names of nuisance candidates
on the ballots on election day, CANNOT be
discounted or eliminated, even under the AVS
especially considering that voters who
mistakenly shaded the oval beside the name of
the nuisance candidate instead of the bona fide
candidate they intended for to vote for could
NO longer ask for replacement ballots to
correct the same.
3. Laws and statutes governing selection contests
especially appreciation of ballots must be
liberally construed to the end that the will of
electorate in the choice of public officials may
NOT be defeated by technical infirmities.
- However, if there are 2 or more bona fide candidates
with the same name and/or surname as the nuisance
candidate shall be considered as stray votes.
1. The false representation pertains to material
matter affecting substantive rights of a candidate;
2. The false representation must consist of deliberate
intent attempt to mislead, misinform, or hide a
fact which would otherwise render a candidate
ineligible.
- Jurisdiction lies with the COMELEC in division.
GOOD FAITH AS DEFENSE:
EFFECT OF A DISQUALIFICATION CASE:
PERIOD EFFECTS
Before election Any candidate who has been
declared by final judgement to
be disqualified;
a. Shall NOT be voted for;
and
b. The votes cast for him
shall NOT be counted.

PETITION TO DENY DUE COURSE TO OR TO CANCEL A COC:

- The COMELEC, upon proper petition, may cancel a COC
on the ground that any material representation
contained therein as required under Sec. 74 of the OEC
is false provided that:

ADVINCULA, JUSTINE JANE.

 After election When the candidate is voted
for and receives the winning
number of votes:
a. The Court or COMELEC
shall continue with the
Trial and Hearing of
action, inquiry, or
protest; and
b. Upon motion of the
complainant or any
intervenor, may during
the pendency thereof
order the suspension of
the proclamation of
such candidate
whenever the evidence
of guilt is strong.
- COMELEC can suspend proclamation ONLY when
evidence of the winning candidate’s guilt is STRONG.
LABO DOCTRINE:
- The inegibility of a candidate receiving majority votes
does NOT entitle the eligible candidate receiving the
next highest number of votes to be declared elected.
This would amount to disenfranchising the electorate
in whom sovereignty resides.
- EXCEPTION: when the electorate is fully aware in fact
and in law of the candidate’s disqualification so as to
bring such awareness within the realm if notoriety but
would nonetheless cast their votes in favor of the
ineligible candidate.
ADVINCULA, JUSTINE JANE.
LABO DOCTRINE OVERTURNED BY MAQUILING DOCTRINE:
- The electorate’s awareness of the candidate’s
disqualification is NOT a prerequisite for the
disqualification to attach to the candidate. The very
existence of a disqualification is NOT necessary
before a qualified one can be proclaimed as the
winner. The second-placer in the vote count is actually
the first-placer among the qualified candidates.
LONE CANDIDATE LAW (RA No. 8295)—SPECIAL ELECTION
- PROCLAMATION OF LONE CANDIDATE:
Upon expiration of the deadline for the filing of the
COC in a SPECIAL ELECTION called to fill a vacancy in an
elective position other than for President and Vice
President, when there is only 1 qualified candidate for
such position by proper proclaiming body of the
COMELEC WITHOUT holding the special election upon
certification by COC that he is the only candidate for
the office is thereby deemed elected.
ASSUMPTION OF OFFICE:
- In the absence of any lawful ground to deny due
course or cancel the COC in order to prevent such
proclamation, as provided under Sec. 69 and 78 of the
OEC, the candidate referred to in the preceding
paragraph shall assume office NOT earlier than the
scheduled election day. COC filed in violation hereof
shall NOT be given due course. For this purpose, the
Commission shall decide petitions for disqualifications
NOT later than election day; OTHERWISE, such
petitions shall be deemed dismissed.
DISQUALIFICATION:
- In addition to the disqualifications mentioned,
whenever the evidence of guilt is STRONG, the ff.
persons are disqualified to run in a special election
called to fill the vacancy in an elective office, to wit:
1. Any elective official who has resigned from his
office by accepting an appointive office or for
whatever reason which he previously occupied but
has caused to become vacant due to his
resignation; and
2. Any person who, directly or indirectly, coerces,
bribes, threatens, harasses, intimidates or actually
causes, inflicts or produces any violence, injury,
punishment, torture, damage, loss or disadvantage
to any person or persons aspiring to become a
candidate, or that of the immediate member of his
family, his honor or property that is meant to
eliminate all other potential candidate. (RA 8295,
Sec. 4)

ADVINCULA, JUSTINE JANE.