Professional Documents
Culture Documents
Reviewer Premid SUAN Election Law 1
Reviewer Premid SUAN Election Law 1
Ferdinand Gujilde | Notes by Tanya Ibanez | Updated by EH 407 2016-17 | Updated by Suan EH 405 2017-2018
Javier v. Comelec • This was the time of Marcos, and he was anti- Marcos. As he
could no longer stand the dictatorship, he went to the US,
Facts: renounced his Philippine citizenship. He became a US citizen.
Javier challenged the proclamation of Pacificador by the Comelec • However, when Cory Aquino came to power, he came back, ran
Second Division on the ground that it should be done by the en for governor once or twice, and won twice. On the third time,
banc pursuant to the Constitution. Pacificador argued that at the there was a disqualification case filed against him contending
time the complaint was filed, it was still in the nature of a pre- that at the time he filed his COC, he was not yet a Filipino
proclamation controversy hence may be resolved by a division in Citizen, he did not reacquire his Philippine citizenship.
the exercise of its administrative power to enforce election laws
relative to election, return and qualifications. • At the start of term lang niya na reacquire iyang Philippine
citizenship; and again, the SC liberalized.
Held:
Caveat: Do not use this as precedent because today, comelec’s
Under the Constitution, the term “election” should be interpreted in very strict. You will be disqualified when you lack the necessary
its totality, that it refers to the conduct of polls, registration of qualifications at the time of the filing of the COC.
voters, campaign and the casting and counting of votes. In making
the Comelec the sole judge of all contests involving the election,
returns and qualifications of Members of Congress, the It’s only here that when we construe election laws, the purpose is
Constitution intended to give it full authority to hear and decide only to give life to the sovereign will or choice of the people.
these cases from beginning to end and on all related matters, Technicalities aside.
including those arising before the proclamation of winners. I AM SO INLOVE WITH THIS STATEMENT. So well written. That’s
my one liner for this case.
PURPOSE OF ELECTIONS
Lino Luna v. Rodriquez CLASSIFICATION OF ELECTION
Q. What are the kinds of election?
The purpose of elections in a democratic society is to give the
voters a direct participation in the affairs of their government, 1. Regular elections – refers to one provided by law on such
either in determining who shall be their public officials or in dates at regular intervals for the election of officers either
deciding some question of public interest; and for that purpose all nationwide or in certain subdivisions.
the legal voters should be permitted, unhampered and 2. Special elections – refers to one held to fill a vacancy
unmolested, to cast their ballot. before the expiration of the full term for which the
incumbent was elected. It is also held when there is failure
of election.
PURPOSE OF ELECTION LAWS
Rulloda v. Comelec If there is vacancy in the office (eg. Congressman has
permanent disability, death), we fill it out by special
Facts: A widow substituted her deceased husband as candidate for election. What if the vacancy occurs in the office of the
Punong barangay and obtained the highest number of votes. But it governor/mayor, there is no election because the remedy is
was voided because substitution is allowed in barangay elections, succession. There is also another kind of special election if
it being non-partisan. As such, there is no political party from which there is failure of election. If election fails in a municipality
a substitute is designated. for example, then that has to be postponed and reset to
another date and that another date is now the special
Held: election.
The absence of provision for substitution in barangay elections does
not mean it is prohibited. Such interpretation ignores the purpose Q. If a congressman, in the middle of the term, died. How are
of elections laws which is to give effect to, rather than frustrate, the we going to replace him?
will of the voters. There cannot be succession because there are no other person
that can succeed. There cannot be appointment. What you hold is
special election.
COMMENTS:
• The widow did not file a COC, but she merely wrote the
COMELEC law department that she will replace her husband. Q. If it is the Mayor who died in the middle of the term?
So election…nidaog sya. So the losing party questioned it The remedy is succession. The Vice Mayor becomes the Mayor.
contending that she is not a legitimate party because she did not No special election.
file a COC.
• Technicalities aside, somebody won, the people have spoken Q. What if it is the Councilor who died in the middle of the
respect that. term?
• It treated the letter to the law department as the COC. In other The remedy is not succession because all the eight councilors
words, it liberalize the rules. have equal footing. One cannot succeed the other. It is not
election, it is not succession. It is appointment.
Caveat: please do not use this as precedent because today
COMELEC is very strict. The moment you file your COC, that’s the Q. What is failure of elections?
only time you are considered as a candidate. Without a COC you Failure of election means that in one polling place, nobody voted.
can never be a candidate. In other words, the number of registrants or registered voters can
still affect the result of the elections. Then, you declare failure of
elections.
HOW ARE ELECTION LAWS CONSTRUED
Carlos v. Angeles When there is failure of elections, we conduct a special election.
Facts:
The proclamation of a mayor was nullified by the lower court on Q. Is the Sangguniang Kabataan election regular or special?
account that he won through significant badges of fraud like Neither, based on the definition of a regular and special election.
mismatch of keys to the padlocks, empty ballot boxes, boxes with
election returns, delay in counting due to brownout, absence of
watchers during counting. COMMENTS:
There was a protest but the RTC nullified the proclamation on the
basis that his victory was done through badges of fraud such as:
Held:
- the keys to the ballot box were mismatched: the fact that you
These did not affect the integrity of the ballots. Election contests cannot open that meaning it is so safe and secured
involve public interest and technicalities should not impeded the
determination of the true will of the people. - there were empty ballot boxes: what of it? We are not going to
count an empty ballot box.
- Boxes without election returns: if there is no election returns,
Frivaldo v. Comelec no problem. In the same way that if you see a PCOS machine
Facts: somewhere else, don't be alarmed. It's useless. A PCOS
machine without a memory card is like a cellphone without a
A candidate for governor was disqualified because he did not sim card. But people speculate. Ø Delay in counting due to
reacquire his Filipino citizenship at the time he filed his COC and brownout: if there is a brownout or power interruption, the best
at the time of election. thing to do is stop the counting. If there is power again,
resume the counting.
Held: - Absence of watchers during counting: it is not the fault of the
Citizenship need not be possessed at the time of filing of COC or COMELEC if the watchers disappeared during the counting
election, but must be at the start of the term. In case of doubt, because the proceedings inside the polling place continue
election laws are liberally and construed in favor of the sovereign with or without the watchers.
will. In applying election laws, it would be far better to err in favor
of popular sovereignty than to be right in complex but little • The Supreme court said: These did not affect the integrity of the
understood legalisms. ballots.
• If the watchers believe that there are irregularities inside the
COMMENTS: polling place, the proper thing to do is file a written protest and
But the SK Reform Act, that might partially changed this. Because Automated Election System (AES)
the SK Reform Act now says that below 18 are members of the R.A 8436 as amended by R.A. 9369
KK (Katipunan ng Kabataan). But, the KK is now going to be
composed of at least 15 years old but not over 30 years old on
election day. And under the SK Reform Act, you can run if you are Manual count during automated election.
18 years old to not more than 24 years old on election day. R.A. 8436, Section 9
R.A 9369, Section 11
COMMENTS:
• In this case, there was a punong barangay subject of a recall COMMENTS:
election. On the year na ma recall unta sya, there was also an SK Even though we are automated nationwide, still the barangay
election. Sec 74 of the LGC says, yes there can be a recall elections remain manual. The reason is there is no need for
election. However, you cannot do that within the year from the transmission. Why? In barangay elections, including SK, the
assumption of office and within the year following the next regular winners are proclaimed within the barangay only.
election.
• In this case, the SK election was held on the 2nd year. And that
Q. Can there be manual count during an automated election?
2nd year was supposedly the only time he can recall an elective
official. The result is you can never recall an elective official. How Loong v. Comelec
did the supreme court ruled? If the SK election is a regular Facts:
election, there will be no recall election because it always falls on
the 2nd year of the term of office. During the first automated election in ARMM, the counting
machines in the Province of Sulu could not accurately read the
• The SK officials is not one of those enumerated as public officials. official ballots because the ovals opposite the names of candidates
In this case, Justice Davide said that the SK is nothing but a mere
were misaligned. In 5 municipalities, the official ballots were
youth organization which jurisdiction falls under the DILG and not rejected because of incorrect sequence codes. Thus, Comelec
the COMELEC. ordered a manual count which was opposed on the ground that
under the automation law, automated counting is mandatory. The
Q. What are the requisites of special election after failure of remedy is not manual count but replacement of defective counting
election? machines.
Lucero v. Comelec
Held:
Facts:
Two candidates for district representative were separated by a mere Manual counting during automated election is not prohibited by law.
175 votes. But no election was done in one polling place with 213 The Constitutional grant of the power to “enforce and administer all
laws and regulations relative to the conduct of elections” is so
voters due to ballot snatching. But the leading candidate broad as to cover all the necessary and incidental powers for it to
questioned the authority of the Comelec to call for a special achieve the objective of holding a free, orderly, honest, peaceful
election after almost two years. and credible elections.
Held: COMMENTS:
There are two requisites for holding a special election:
• There are glitches and the system can detect it. In this case,
1. There is failure of election because of the misalignment of the ovals, if you vote for
2. Failure affects the results of the election candidate A, the vote goes to candidate B. In 5 municipalities,
the ballots were rejected because in automation, dili jud masaag
ang ballots. The COMELEC said okay, dili man ta ka count
Since only 175 votes separate them, the 213 votes in the polling accurately, manual count nalang ta. It was opposed. How can
place where election failed could still affect the results of the there be manual count in automated elections? The supreme
election. Hence, it is still statistically probable for the special court said manual count in automated elections is not prohibited
election to affect or change the final result of the election.
by law. In the first place, automated elections is not mandatory.
If you read the law, it says “Congress authorizes COMELEC to
The delay is not attributable to the voters of the polling place where automate the elections”. It did not say mandates but merely
election failed but to the legal maneuvers of parties. Thus, the authorizes. Manual elections is the last resort. It is always
holding of the special election almost two years after the regular possible.
election is still “reasonable close to the date of election not held.” • If you insist on automated counting, the result is inaccurate –
does not reflect the true will of the people.
COMMENTS:
The problem is nagdaog na. But the difference is only 175 votes. Q. Can the COMELEC manual count the votes?
A: Yes, it can because there is no specific prohibition under the law.
• Precinct – that is your territory. That is your address, your sitio, The Constitution grants the power to administer and enforce
your barangay, your neighborhood. election laws is so broad as to cover all the necessary procedural
• Voting Center – the school powers to achieve the objective of free and orderly elections. The
COMELEC, being the administrative body, is authorized to do
• Polling place – the classroom where you actually vote
snap judgments during elections because the candidates do not 7. 776 SP Members
follow “Emelie Pose”. Who is “Emelie Pose”? She is the writer of 8. 145 City Mayors
good manners and right conduct. 9. 145 City Vice Mayors
10. 1,624 SP Memberss
Q. Who is Emily Post? 11. 1,489 Municipal Mayors
She was an American writer in the 1960s. The Supreme Court in 12. 1, 489 Municipal Vice-Mayors
the case of Loong cited her because of the power of the Comelec
which is too broad. The Comelec can actually do snap judgements 13. 11,916 SB Members
(diskarte) in the field. They can do whatever they want for as long 14. 1 ARMM Regional Governor
as it is consistent with the law and for as long as there is no 15. 1 ARMM Regional Vice Governor
prohibition. And because of this, the Supreme Court said that the 16. 24 ARMM Assemblymen
manual counting is part of the “diskarte” of Comelec. And being
“diskarte,” that is part of the broad powers of the Comelec.
Total of 18, 083 contested seats
In one of the cases the Supreme Court said that Comelec can
actually use its common sense in dealing with the problems in the
field. And then the Supreme Court said the powers of the Comelec PRESIDENT
is so broad because the candidates do not follow the rules of
Emily Post. HOW ELECTED, TERM OF OFFICE AND TERM LIMIT
She is an American writer on chivalry – good manners and right HOW ELECTED, TERM OF OFFICE AND TERM LIMIT
conduct. The Supreme Court said that if the candidates does not 1987 Constitution, Article VII, sec. 4(1)
follow the rules of Emily Post, then the Comelec must be SECTION 4. The President and the Vice-President shall be elected
empowered with broad powers to deal with politicians who are by direct vote of the people for a term of six years which shall
rude. 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. The President shall not be eligible for any reelection.
Q. Is there a Cordillera Autonomous Region? No person who has succeeded as President and has served as
Ordillo v. Comelec such for more than four years shall be qualified for election to the
same office at any time.
Facts: RA 6766 An Act Providing for an Organic Act for the
Cordillera Autonomous Region was enacted and the people of the
provinces of Benguet, Mountain Province, Ifugao, Abra, and Q. How is the President elected? How long is his term of office
Baguio cast their votes in a plebiscite. Only the Province of Ifugao and is there a limit to it?
approved the creation of the Region, leading to the creation of the The President and the Vice-President shall be elected by direct
Cordillera Autonomous Region of Ifugao. This was challenged by vote of the people for a term of six (6) years which shall begin at
the petitioners, alleging that the law requires that the said Region noon of the same date six years thereafter. The President shall
must be composed of more than one constituent unit. not be eligible for any re-election. No person who has succeeded
as President and has served as such for more than four years shall
Issue: Whether the province of Ifugao being the only province be qualified for election to the same office at any time. (Article 7,
which voted favorably for the creation of the Cordillera Section 4 (1) 1987 Constitution)
Autonomous Region can, alone legally and validly constitute such
Region. Take note:
1. By a direct vote
Ruling: The sole province of Ifugao cannot validly constitute the 2. For a term of 6 years
Cordillera Autonomous Region. The term region in its ordinary 3. Not eligible for any re-election
sense means two or more provinces. Ifugao is a province by itself.
To become part of a region, it must join other provinces, cities,
municipalities, and geographical areas. Q. How do we elect him? By division or at large?
At large
COMMENTS:
Q: Is there a cordillera autonomous region? Q. So you mentioned by for six years, how many terms?
A: None. There was a plebiscite but out of the provinces, only 1 only
Ifugao voted to be part. The SC said the sole province cannot
constitute an autonomous region. There should be at least 2 Q. What does the sentence “The President shall not be eligible
provinces to constitute a region. This is a statutory construction for any re-election” mean?
case. It would result to absurdity. We have regional and provincial
officials governing same territory and constituency. It means that the Presidency is a once in a lifetime opportunity. He
cannot be re-elected either immediately after his term of office or
after an interval of two or more terms.
CONSTITUTIONAL BASIS FOR ELECTION
Q. What is the constitutional basis for election? Q. What does the phrase “direct vote” mean?
A: The Philippines is a democratic state; sovereignty resides in the It means the president is elected by popular vote of the people for
people and all government authority emanate from them. a term of six years.
Article 2, Section 1, 1987 Constitution • The president is elected through popular vote. Compare with the
US system of elections. Americans do not directly elect their
The Philippines is a democratic and republican State. Sovereignty president and vice president. They vote through electoral
resides in the people and all government authority emanate from college. Principle: Winner takes all. Each state has a minimum
them. of 3 electoral votes. Advantage: avoids concentration of power;
disadvantage: does not reflect popular will
ELECTIVE OFFICIALS • The presidency is a once in a lifetime opportunity.
• In Pormento v Estrada: How did COMELEC resolved the issue
regarding Estrada's candidacy as president? That provision only
Q. Who are elective officials? applies to incumbent presidents.
1. President • Furtheremore, there was no TRO. The SC rendered it moot and
2. Vice-President academic since Erap already lost to Nonoy.
3. Senators
4. House of Representatives Comelec Resolution, Jan. 20, 2010, 2nd Division
5. Governors
Q. Did you find the comelec resolution? What did it state?
6. Vice-Governors “The better policy approach is to let the people decide who will
7. SP Members be the next President. For on political questions, this court may
8. ARMM Governors and Vice-Governors err but the sovereign people will not… Estrada no longer holds a
9. ARMM Assemblymen public office, more importantly, he is no longer the President and
10. Mayors wields none of the vast powers of this position… Because of this
prevailing status, a simple application of the rule will lead any
11. Vice-Mayors reasonable and logical person to conclude that the prohibition
against the reelection of the President does not apply to
Estrada.”
During the May 9, 2016 elections:
1. 1 President Q. But why was Joseph Estrada allowed to run in 2010 after
2. 1 Vice President having been elected in 1998?
3. 12 Senators The Comelec said that the provision applies to incumbent
4. 238 House of Representatives presidents only. It said the better policy approach is to let the
5. 81 Governors people decide who the next president is. For on political
questions, this court may err but the sovereign people will not.
6. 81 Vice Governors
2. Those whose fathers or mothers are citizens of the Q. If you go to the father, is there a chance? Why?
Philippines Yes. He became a filipino.
3. Those born before January 17, 1973, of Filipino mothers,
who elect Philippine Citizenship upon reaching the age of Q. How?
majority
By virtue of Philippine Bill of 1902. En masse filipinazation
4. Those who are naturalized in the accordance with law.
Issue: Whether FPJ is a natural-born Filipino and thus did not Atty. Guji: In other words these are isolated cases before but the
materially misrepresent his COC. position of the people who drafted the 1935 Constitution was very
clear -> foundling gani ka = natural born ka but because of their
Held: number no need to categorically state them in the Constitution. It is
not express but the intention is there – statutory construction,
Yes. To trace, FPJ’s roots – FPJ’s grandpa died in Pangasinan in “intention prevails over language”.
1954, it could have been his residence before death and he would
have benefited from the “en masse Filipinization” of the Philippine
Bill in 1902. Having acquired Filipino citizenship, the grandfather 1. Moreover we are recognizing GAPIL and even if we are not
extended it to his son, who is the father of FPJ. signatories to these treaties, the rule on foundlings is already
customary International law thus we are bound to follow this
conceptions. In other words the SC said in International
Under Article 4, Section 1 (3) of the 1935 Constitution, the following agreements you need not be a signatory to follow them as a
are citizens of the Philippines: matter of fact there are a lot of Int’l agreements that the
(3) Those whose fathers are citizens of the Philippines. Philippines is not a signatory but it applies to us.
Since FPJ has first seen light under the 1935 Constitution which Atty. Guji’: The biggest problem here was Grace Poe was not only a
confers citizenship to all persons whose fathers are Filipino foundling but likewise her parents are unknown. Remember he
citizens regardless of whether such children are legitimate or was forced to exhume some bodies whom she believes are her
illegitimate, he is a natural- born Filipino because he did not need relatives to prove filiation.
to perform any act to acquire or perfect his Filipino citizenship.
2. On her adoption, the SC said that if you are adopted it
Atty. Guji: presupposes that you are a Filipino if you have undergone the
Actually FPJ’s grandad is not a Spaniard, they are called Spanish process of adoption chances are you are a Filipino citizen.
subjects (imagine you are a subject in your own territory). Remember the title of the law on adoption is “Adoption of
Filipino Children”.
Philippine Bill of 1902 “en masse Filipinization”
The evidence actually presented to prove FPJ’s citizenship was not RESIDENCE, DEFINED
conclusive but even if it is not conclusive the SC believe those Q. How is residence treated under election laws?
evidences because there are no evidences that would refute the
claims or prove otherwise. In short “He who alleges has the Residence is synonymous with domicile.
burden of proof” which is in favor of FPJ compare to the bare
allegations of the opposing party. Thus the SC was constrained to
take credit of the story of FPJ because of preponderance of Marcos v. Comelec
evidences because at least he had some evidences as opposed to One liner: For election purposes, residence is synonymous with
the bare allegations of the petitioner. domicile, that is, a fixed permanent residence to which, when
absent, one has the intention of returning.
On FPJ’s illegitimacy, it doesn’t matter because the law does not
distinguish. Facts: A candidate for district representative wrote in her COC 7
months as her period of residence in the constituency where she
seeks to be elected preceding the election. She was sought to be
Q. Is it enough for one parent to make the child filipino? disqualified for failure to comply with the one-year residency
Yes requirement because she briefly stayed in the constituency and
resided and even voted in different places for four decades.
Q. So if you go to the mother, is there a chance?
No. Issue: Whether or not Marcos satisfy the constitutional requirement
of Presidency to run as representative of the 1st district of Leyte
3. Domicile of choice
Held: It is the fact of residence, not a statement in the COC that is So remember, residence is synonymous with domicile. So if
decisive whether an individual satisfies the residence requirement. residence is defined as, physical presence in a locality, that
Domicile means the individual’s permanent home, a place to would be sufficient. But since we say that it is synonymous
which whenever absent for business or pleasure, one intends to with domicile, your physical presence in the locality is not
return. required, as long as you intend to return to that domicile,
An individual does not lose his domicile even if he has maintained provided that is your domicile of origin.
several residences for difference purposes over a long period of
time. If none of these purposes point unequivocally to an intention
to abandon her domicile of origin, she retains it. Domino v. Comelec
One-liner: "Residence" as used in the law prescribing the
qualifications for suffrage and for elective office, means the same
Atty. Guji: thing as "domicile," which requires not only such bodily presence
Domicile is otherwise known as the place where you leave your in that place but also a declared and probable intent to make it
heart behind. one's fixed and permanent place of abode, one's home.
Take note: For purposes of election Domicile and residence means Facts: Domino ran as Representative in Sarangani, with 1 yr and 2
the same thing. There are actually 3 types of domicile; 1.) Domicile months as residency in his COC. Comelec disqualified him as his
of origin, 2.) Domicile of choice, 3.) Domicile by operation of law. Voter’s Registration Record negate such. The Constitution
required at least 1 year residency. Domino won, but his
Here Imelda did not lose her domicile of origin because she did proclamation was put on hold.
have the intention to return to Leyte it’s just that she need to follow
Ferdinand. Issue: Whether Domino satisfied the residency requirement.
The problem here is that She herself made an admission that she Held: No. The principal elements of domicile, physical presence in
only resided for a period of 7 months. There is incriminating the locality involved and intention to adopt it as a domicile, must
evidence. concur in order to establish a new domicile. Domino lacked the
intention to abandon his residence in QC as he registered there as
Q: Do we need to go beyond the face of the COC to justify here a voter (then just had it cancelled by a MeTC to effect transfer to
compliance with the requirement of the residency? Sarangani). While voting is not conclusive of residence, it does
give rise to a strong presumption of residence especially in this
Yes because there is a tendency that the candidates can confuse case where DOMINO registered in his former barangay.
the word residence with domicile. The SC said that your unilateral
declaration in your COC does not really define who you are so we
need to go beyond the face of the COC. Exercising the right of election franchise is a deliberate public
assertion of the fact of residence, and is said to have decided
preponderance in a doubtful case upon the place the elector claims
Q: Why did the SC said “ok lang yan” honest mistake, when the as, or believes to be, his residence. While, Domino's intention to
COC is notarized. How did the SC justified Imelda’s case? establish residence in Sarangani can be gleaned from the fact that
The SC based their decision on her history. be bought a house, sought cancellation of his previous registration
in QC and that he applied for transfer of registration, DOMINO still
Q. How many years was she a resident? falls short of the one year residency requirement.
7 months, which is short of 5 months of residency as required by
the law. Atty. Guji:
Take note: when you say domicile it has elements, not only
Q. How did Imelda justify this? physical presence but intent to reside or return therein to make it
your permanent residence. And the court of Quezon City who
Actually she said there, it was an honest mistake.
ordered his transfer has no jurisdiction because this is
administrative in nature; the jurisdiction lies with the ERB (Election
Q. How did the SC treat that 7 month declaration, did the SC registration Board) the court cannot order the transfer.
say that she was a resident of TACLOBAN? While property is indicative of residence but intent is a state of mind.
Yes. How come the SC said she is but in fact Imelda herself To prove that there must be physical presence which Domino
unilaterally declared in her COC that she is only a resident for 7 failed to do, the SC found out that it does not engender the kind of
months, how did the SC justify this response? Now actually here, permanency required under the Constitution.
the SC said, regardless of your unilateral declaration in your COC, Take note of the elements for the change of domicile.
the determination of your period of residence, is not dependent
upon it. It should be based on established facts, of whether or not
you are resident of your place. But here, you cannot move thru Q. How the the SC treat the Contract of Lease (property
this case, if you don’t pass by the concept that, residence is one evidence)?
with
It might indicate intention to reside , but it does not engender the
domicile for purposes of election.
degree of permanency to establish new domicile
Q. How do you define domicile? Q. How did the SC rule regarding the Exclusion and Inclusion
So even you leave that place for business or pleasure, you
Proceeding judgment?
always have that intention to return.
Exclusion and inclusion proceeding judgment is not binding to the
COMELEC since it’s a SUMMARY PROCEEDING & MTC’s
Q. Why? Where did Imelda go? Did she register somewhere jurisdiction is only to identify WON the voter will be included in the
else, aside from Tolosa, in that 4 decade period? voter’s list in a specific place.
Yes, as a matter of fact she voted. She went wherever Ferdinand Even if MTC says you are a resident, still not binding cause MTC’s
went. concern is only on the right to vote.
Issue: Whether or not Poe complied with the residence requirement Emano: I actually and physically resided in CDO while being
Governor, since the seat of provincial government is in CDO.
Ruling: Yes because there was no prohibition with balikbayans There is no law preventing an elective official from transferring
even if she has not yet renounces her US citizenship, the intention residence while in office.
to permanently reside in the Philippines was there.
Issue: Whether Emano acquired a bona fide domicile of choice for
Atty. Guji: at least 1 year to qualify him to run as Mayor of CDO.
Another problem with Grace Poe was this Not only she was a
foundling but also she renounced her Filipino Citizenship, Held:
repatriated and reacquired the natural-born status. Yes. The Constitution or the law intends to prevent the possibility of
a stranger or newcomer unacquainted with the conditions and
Take note: that when you are repatriated you revert back to your needs of a community and not identified with the latter from
original natural-born status. seeking an elective office to serve that community. Such provision
is aimed at excluding outsiders from taking advantage of favorable
circumstances existing in that community for electoral gain.
Q. How did the SC justified this ruling even with the unilateral Emano could not be said to be a stranger or newcomer.
declaration that could disqualify her ?
Stated the case of Marcos
Atty. Guji:
- Fact of residency
Rationale:
- Whatever is stated in the COC
1. To be familiar with the needs and issues of the community
- Despite the unilateral declaration her act was not willful and
deliberate 2. To avoid strangers in so far as the electorate is
There was no concealment of the fact since the COC became concerned to evaluate the seekers' qualifications and
public document. fitness for the job they aspire for.
It was also acceptable because during the Senatorial election , the The problem here is this how will you reconcile the fact that he is
mindset of Grace Poe was just to qualify as a Senatorial candidate registered somewhere else and his claim that he is also a resident
which only requires lower number of years of residency than the in the city. Take note: Registration is not equivalent to residence.
position or Presidency
Q. What benefit is on the part on the candidate?
Q. Generally, what is the reckoning point in computing the years of Acquaint himself of the area
residency for somebody who returned to the country ?
GR: (2)
Q. Benefit on the voter?
1. Permanent Visa was issued,
Evaluate the qualifications and fitness of the candidate whether he
2. (one missing ) is deserving
— EXC: Grace Poe case Q. If you transfer residence during your incumbency, IOW you
Once he/she stepped into the country because the body of lost one qualification which is continuing, and he may be
evidences was so overwhelming that she has all the intention to removed because of the lack of qualification by what
permanently stay here in the Philippines process?
File for the removal or quo warranto.
Q. Considering Grace Poe period of residence in the COC of
her running as senator wrote that could disqualified her, how Q. How do you classify Cagayan de Oro?
did SC treat that COC?
Highly urbanized City.
It was not contested by the petitioner.
If you are the governor, you cannot be part of the city.
If you talk about willful and deliberate, it must show.
Ironic because the Cagayan de Oro is NOT part of the Misamis
Province, but the seat or the capitol is inside the city. Just like here
Q. What was the evidence that it was not willful and in Cebu. Cebu City and Lapu-Lapu City is not part of the province
deliberate? of Cebu but capitol is in the heart of Cebu City.
The fact that she entered it in the COC, she did not CONCEALED
that fact and there was no concealment. It is understandable that Q. Would you answer the same if you have not read this case?
Just be honest. ☺
Q. If you’re talking about the evidence to reside in the country,
what should be the reckoning period on WON she complied
with that period? Or what is the general rule if you’re talking Q. If you transferred during Public office – what is the process
about former citizens coming back? called?
General Rule: Quo Warranto
1) Permanent resident visa
2) Reacquire Philippine Citizenship COMMENTS:
Because CDO, is a highly-urbanized city, you cannot be part of a
province. IOW, people in highly-urbanized cities cannot vote for
Q. Who is in the best position to rule the period? provincial officials. Mandaue city, is highly urbanized, but it
Candidate himself remains part of the province of Cebu, the reason there is prior to
the LGC? Ask Atty. Largo.
Torayno vs Comelec
Rationale of the purpose is from There are 2 viewpoints here.
1) Candidate himself 1. The viewpoint of the candidates: you should know the
2) Voter problems in the locality of where you
are running.
2. The viewpoint of the voter: is to know the qualifications,
RATIONALE OF THE RESIDENCE REQUIREMENT credentials, personality, character and everything about
the candidate. You cannot know these things if the
Torayno v. Comelec candidate is not residing in the locality.
One liner: The Constitution and the law requires residence as a
qualification for seeking and holding elective public office, in order
to give candidates the opportunity to be familiar with the needs, PROPERTY QUALIFICATION
difficulties, aspirations, potentials for growth and all matters vital to
The person having the highest number of votes shall be proclaimed • If a President shall not have been chosen – The Vice-
elected, but in case two or more shall have an equal and highest President- elect shall act as President until a President shall
number of votes, one of them shall forthwith be chosen by the vote have been chosen and qualified.
of a majority of all the Members of both Houses of the Congress, • If at the beginning of the term of the President, the
voting separately. President-elect shall have died or shall have become
permanently disabled – The Vice-President-elect shall become
The Supreme Court, sitting en banc, shall be the sole judge of all President.
contests relating to the election, returns, and qualifications of the • Where no President and Vice-President shall have been
President or Vice-President, and may promulgate its rules for the chosen or shall have qualified, or where both shall have
purpose. died or become permanently disabled – The President of the
Senate or, in case of his inability, the Speaker of the House of
Representatives shall act as President until a President or a
Q. Who shall be declared winner? Vice-President shall have been chosen and qualified.
The person having the highest number of votes shall be proclaimed
elected.
Q. When the Vice Pres assumes the office of the President when
the latter has not been chosen yet, what is his title?
Q. How is a tie resolved? Only Acting President as this is only temporary in character. As
By a vote of a majority of all the Members of both Houses of the opposed to when the VP replaces the Pres due to death or
Congress, voting separately. permanent disability, the VP really becomes the President as it is
permanent in character.
WINNER DEFINED Q. Why did the Constitution contemplate the situation of “if
Rudolla v. Comelec the President shall not have been chosen”?
One-liner: The winner is the candidate who has obtained a majority Because the Constitution contemplates of a situation when there
or plurality of valid votes cast in the election. has been no proclamation yet at start of the term of office.
Facts: A widow substituted her deceased husband as candidate for Q. When is the start of the term of office?
Punong Barangay and obtained the highest number of votes. But it Noon of June 30, following the day of elections.
was voided because substitution is not allowed in barangay
elections, it being non-partisan. As such, there is no political party
from which a substitute is designated. Q. What about if it was 12:01 noon of June 30, is that still start
of term?
No.
Issue: Can the widow be proclaimed as the duly elected Brgy
Chairman?
Q. What do you call the period of time if it is not the term?
Held: Yes, as it was she who obtained the plurality of votes in the Term of office
contested election. Technicalities and procedural niceties in
election cases should not be made to stand in the way of the true Q. When does it end?
will of the electorate. Absence of any provision governing At the same day, 6 years after.
substitution of candidates in barangay elections cannot be inferred
as a prohibition against it. As doing so would ignore the purpose of
election laws which is to give effect to, rather than frustrate, the Q. What do you call the period in between the start and end of
will of the voters. term?
Middle of the term (Midterm)
In case of doubt, political laws must be so construed as to give life
and spirit to the popular mandate freely expressed through the Start of term: at the stroke of 12:00.
ballot. In all republican forms of government the basic idea is that, Any time beyond that (12 noon) is the midterm already.
no one can be declared elected and no measure can be declared
carried unless he or it receives a majority or plurality of the legal
votes cast in the election. Q. Why is there such period of time before you start the term of
office from the day of election (2nd Monday of May)?
The reason why we were given this time from the 2nd Monday of
PRESIDENTIAL SUCCESSION IN CASE OF VACANCY May until June 30 is to give the election officers ample time to
canvass election returns from all over the country. So with this in
VACANCY AT THE START OF THE TERM mind, in relation to the provision, during this period, there probably
Article VII, Section 7&8, 1987 Constitution might not have a President chosen yet.
Section 7. The President-elect and the Vice President-elect shall
assume office at the beginning of their terms. Remember that the 1987 Constitution was drafted at such a time
If the President-elect fails to qualify, the Vice President-elect shall wherein election returns are canvassed manually. The process of
act as President until the President-elect shall have qualified. counting them might be slow or could take a long period of time.
If a President shall not have been chosen, the Vice President-elect
shall act as President until a President shall have been chosen Q. What vacates the presidency at the start?
and qualified.
1) If the President-elect fails to qualify
If at the beginning of the term of the President, the President-elect
shall have died or shall have become permanently disabled, the 2) If a President shall not have been chosen
Vice President-elect shall become President. 3) If at the beginning of the term of the President, the
Where no President and Vice-President shall have been chosen or President-elect shall have died or shall have become
shall have qualified, or where both shall have died or become permanently disabled
permanently disabled, the President of the Senate or, in case of 4) Where no President and Vice-President shall have been
his inability, the Speaker of the House of Representatives, shall chosen or shall have qualified, or where both shall have
act as President until a President or a Vice-President shall have
been chosen and qualified. died or become permanently disabled
The Congress shall, by law, provide for the manner in which one
who is to act as President shall be selected until a President or a Q. When you say failure to qualify, what does it mean?
Vice-President shall have qualified, in case of death, permanent Failure to take the oath of office.
disability, or inability of the officials mentioned in the next
preceding paragraph.
Q. President has not been chosen, what is the situation there?
No proclamation of president because there may still be
Section 8. In case of death, permanent disability, removal from canvassing of vote.
office, or resignation of the President, the Vice-President shall
become the President to serve the unexpired term. In case of
death, permanent disability, removal from office, or resignation of Q. In case of death or permanent disability, who becomes the
both the President and Vice-President, the President of the president?
Senate or, in case of his inability, the Speaker of the House of Vice president
Representatives, shall then act as President until the President or
Vice-President shall have been elected and qualified.
The Congress shall, by law, provide who shall serve as President in Q. Does he become acting president or president?
case of death, permanent disability, or resignation of the Acting President
President. He shall serve until the President or the Vice-President
shall have been elected and qualified, and be subject to the same
restrictions of powers and disqualifications as the Acting Q. What about his failure to qualify?
President. Merely acting as president
• If the President-elect fails to qualify – The Vice-President-elect Q. What is president elect and vice president elect?
shall act as President until the President-elect shall have
qualified. They have been elected but have not yet taken the oath of office or
assumed the office.
Q: Can it be covered by the Court’s expanded certiorari Q. Was there really such a letter written/transmitted by
jurisdiction? Estrada? Did SC believe there was such letter? How did the
A: Student says No, for it only applies when there is grave abuse of SC take that letter?
discretion resulting to lack or excess of jurisdiction. SC says letter is wrapped in mystery.
Despite the probative value of letter, it was never mentioned in the
Atty. Gujilde says “It may be an exception to the expanded pleadings or oral arguments in the SC. Its probative value could
jurisdiction. But who can stop the SC if they want to intervene? have exculpated Estrada. That letter never existed. It was a mere
What’s the remedy?” = IMPEACHMENT afterthought.
Q. What can correct the SC if it abuses its authority? Q. What did the Senate and House of Rep do when Arroyo was
working as president?
Impeachment
Passed a resolution recognizing Arroyo’s oath taking not only
recognizing and congratulating Arroyo — that negates the letter of
Q: Why is it that the Members of the Cabinet are allowed to Estrada.
assess the status or functions of the President?
A: They are already considered to be part of the official family of
the President. They have the closest access to him. They are RESIGNATION OF THE PRESIDENT
considered as alter-ego of the president.
Estrada v. Desierto
Another reason: Cabinet members are part of the, they maintain One-liner: Estrada’s acts and omissions before, during and after
the closest access to the president. Arroyo’s oath taking, or taking into account the totality of prior,
contemporaneous and posterior facts and circumstantial evidence
bearing a material relevance on the issue, implied his resignation
They are under the control of the president. They are closest to the from presidency.
president hence, more capable to determine condition of the
president. Facts:
Estrada claims he did not resign as President, but merely was on
leave on the ground that he is unable to govern temporarily. He
ASSIGNMENT: How many Cabinet Members are there? wrote a letter (see above) about it. Further, Estrada relies on RA
No. 3019 (AGACPA) prohibiting his resignation from office. The
circumstances surrounding the case were based on an “Angara
Estrada v. Desierto Diary”, where he said, “Ayoko na, masyado nang masakit”.
One-liner: The determination of the President’s inability to govern Negotiations involving Estrada’s resignation and Arroyo’s
is determined by Congress and such is a political judgment that assumption took place.
cannot be subject to judicial review.
Issue: Whether Estrada has resigned as President before Arroyo
Facts: Estrada was accused to be a jueteng lord that led to his took her oath as President.
impeachment case. Edsa Revolution II ensued with people asking
Estrada’s resignation, and his allies defected (AFP, PNP and most
of his cabinet members). On the day Arroyo took her oath as the Held:
new President, Estrada wrote Senate President and Speaker of Yes. Elements of resignation are (1) there must be an intent to
the House that he is unable to exercise Presidential powers and resign and (2) the intent must be coupled by acts of
duties. However, he claims he did not resign as President, but relinquishment. It is not governed by any formal requirement – it
merely was on leave on the ground that he is unable to govern can be oral, written, express or implied. As regards the letter re:
temporarily. Despite receipt of letter, the House of Reps and inability to govern, if it was prepared before the press release of the
Senate passed Resolutions expressing support to Arroyo as the petitioner clearly showing his resignation from the presidency, then
new President. the resignation must prevail as a later act. If, however, it was
prepared after the press release, still, it commands scant legal
significance.
Issue: Whether SC has jurisdiction to review the claim of temporary
inability of Estrada and thereafter revise the decision of both
Houses of Congress recognizing Arroyo as the new President. Petitioner's resignation from the presidency cannot be the subject
of a changing caprice nor of a whimsical will especially if the
resignation is the result of his repudiation by the people. Further,
Held: SC does not have jurisdiction. It is Congress that has the reliance on RA No. 3019 was misplaced. The intent of the law is to
ultimate authority to determine such, and the determination of prevent the act of resignation or retirement from being used by a
Congress is a political judgment which the SC cannot review. public official as a protective shield to stop the investigation of a
Estrada’s claim had been put to rest by Congress by the latter pending criminal or administrative case against him and to prevent
declaring Arroyo as the de jure President. Such decision made by his prosecution. But no person can be compelled to render service
the Congress, a co-equal branch of government, cannot be if he wants to retire or resign.
reviewed by SC.
Q. Did Estrada really resign? How was it resolved by the SC?
Q. Is permanent disability defined?
Yes. According to the Supreme Court, there is no formal
No. requirement as to form in order to effectuate a valid resignation. It
could be oral, written, expressed, or implied. The acts or omission
Q. But can it be declared? How and who declares? of Estrada before, during and after January 20, 2001 or in other
Yes. By 1. The president himself, 2. Congress; 3. Members of words the totality of prior, contemporaneous, and posterior facts
cabinet and circumstantial evidences material to the issue were
considered in ruling that he indeed resigned.
Q: Why are members of the cabinet authorized to declare such
disability? (Although no formal letter, actions are considered the best index of
intention, his acts can be regarded to as what in Labor is called
They are under the control of the president. They are closest to the “Constructive Resignation” = chikka ni Atty. So ayaw nalang
president hence, more capable to determine condition of the paobvious haha.)
president.
No formal requirement in terms of submitting a resignation letter. It
Q. What is in the law, and is this case applicable? is not governed by any formal requirement. It can be oral, written,
Law says permanent disability hence Not applicable. express or implied.
Q. Did SC believe that there was a letter from Estrada? Why? Q. What are the elements of resignation?
No, it didn’t believe because this was a sudden appearance; and at Elements of resignation are:
that time, cabinets were already supporting Arroyo. (1) there must be an intent to resign, and
(2) the intent must be coupled by acts of relinquishment.
If there was indeed a letter, it didn’t matter because, there was
already a resolution issued congratulating the Arroyo as president.
There is an obvious dismatch of the facts presented by Estrada in Q. In this case, SC justified their ruling based on the Angara
his letter declaring his temporary disability as against Sec 11. Diary which was serialized in which newspaper?
Philippine Daily Inquirer. It gave a window into the mindset of
Estrada that time
Q. What happens if it was settled by Congress?
Congress has the exclusive authority to determine permanent
disability. This is purely a political question which is beyond Q: How about if it was serialized in tabloids, will the SC
reviews by the Supreme Court. consider it?
No. As compared to tabloids, Philippine Daily Inquirer is very
credible.
Q. Was there a press release by Estrada other than the letter
saying his temporary disability? Additional chikka: Remate is a tabloid while Philippine Daily
Yes, stating he is stepping down. The fact remains that he didn’t Inquirer is considered a broadsheet)
provide a resignation letter.
Q. Was it about oath taking or was it about the moment he Majority of Cabinet members will transmit a letter to the congress
stepped down of Malacañang? stating his inability
Moment he stepped down of Malacañang.
There was also a press release thanking the Filipinos etc and Q. What is the best evidence that he did not resign, accdg to
acknowledge the oath taking/proclamation of Arroyo. ESTRADA?
Absence of resignation letter
Q. What words did he use there in the separation whether
temporarily or? Q. Why did the SC say that Estrada effectively resigned?
He did not use term “resign”. He stated that he is just stepped SC applied the totality tests
down.
Q. How is vacancy in the office of the VP filled?
SC said its not about the formal tender. In the absence of letter, President nominates then congress confirms
what we examine is his INTENTION.
Q. Enumerate the acts/indications that he resigned.. Q. And after the nominations, what happens next?
His proposal for a snap election where he would not be a Congress will confirm the nomination separately
candidate.
Pagod na pagod na ako. Ayoko na masyado ng masakit LINES..
Q. What if the lower house confirms and the upper house
His concern on the five -day grace period that he could stay in the doesn’t confirm? Is there a constitutional basis there? Is the
palace. constitution silent?
Contents of the negotiations (pls. refer to the full text) Yes. The constitution is silent.
His press release:
- Acknowledging the oath Q. So, if you were the president and the constitution is silent.
- taking of PGMA albeit reservation of its legality What will you do if your nominee is unacceptable to both
- Emphasized that he was leaving the Palace, the seat of houses?
Presidency for the sake of peace and in order to begin the Nominate another.
healing process of the natio
- Expressing his gratitude to the people for the opportunity to
serve them. (reflective of past opportunity given to him) Estrada v. Desierto
- keyword to answer: did not use the word resign but “STEP One-liner: Upon nomination for VP of the President from among
DOWN” the Congress members, both Houses of Congress shall confirm
such by voting separately.
Q. Why Estrada insists that he is just the President on Leave?
Why does he wants still to be President? Facts: After assumption into office, Pres. Arroyo nominated Sen.
There were cases filed against him & he said that the President is Guingona as her Vice President. Both the Senate and House of
Immune from suit. Reps separately resolved to confirm such nomination. Thereafter,
Guingona took his oath as Vice President.
Q. Was the letter presented before the court? DID SC believe
that the letter of Estrada existed? Q. So what happened in Estrada vs. Desierto that illustrates
how the vice pres is nominated? What happened?
NO, never presented/mentioned in the pleadings/oral arguments.
The letter is a mere afterthought. GMA nominated Senator Giungona Jr as Vice-president. Congress
confirmed it. However some senators voted yes but with
reservations because there’s still a pending challenge on the
Q. Did Congress expressly state that Estrada is UNABLE to legitimacy of GMA’s presidency.
perform function?
No, they congratulated Arroyo thru resolutionS (plural kay daghan Q. In other words, despite reservations, the nomination of the
man). vice was confirmed. After it was confirmed what happened
next?
Q. Was there a chance for the cabinet members to declare the He took his oath of office as a Vice-President.
inability of Estrada?
No, they abandoned the President. Summarize how you fill out the office of the vice
Pres will nominate from congress. Congress will confirm the
Q. Did the Consti Define inability? nomination. If they will not confirm the nomination, the pres will
No nominate another. If the congress confirms the nomination, that
person nominated will become the vice-president.
Q.What if the President does not admit that he is unable? So, to fill out the vacancy in the office of the vice.
• Nomination by the president
• Confirmation by the congress The first senatorial election happened in 1992 not 1987. In 1992 we
• Oath-taking had 24 senators.
At that time Aquino was so popular. And because of her popularity:
23 out of 24 senatorial candidate she produced won.
Q. What do you thing is the reason why out of the entire
person in Congress, GMA nominated Guingona? Of course in
her press release she said I want to nominate a son of Q. Only one from the opposition made it to the top 24. Who do
Mindanao because they underrepresented? But what do you you think it is?
think is the real reason aside from they came from the same ERAP. Popular among the masses. He then became V-President
party? How old is Guingona? Was he old? and then President overwhelmingly.
Yes. Because Guingona was too old. He is not a threat to the
presidency.
Q. What do you think is the reason why after we elected 24
senators in 1993, there were now 12 senators elected every 3
Did you notice that this is about a story. The President was gone. years?
He stepped down. The V-Pres assumed office. Someone from the Based on the constitution, you alternate. First 12 are for 6 years
senate was nominated as the V-pres. So there’s a vacancy in the and the 2nd is for 3 years.
senate. DOMINO EFFECT.
Q. In other words you replenish. It’s called staggered. What do
VACANCY IN BOTH THE P AND VP, HOW FILLED you think is the reason why constitution staggers the term of
office of the senators?
Article VII, Section 10, 1987 Constitution Because, the first six years, there’s 12. And in any case if there’s a
The Congress shall, at ten o’clock in the morning of the third day problem or failure in election, at least there are still 12 senators
after the vacancy in the offices of the President and Vice- that are still functioning.
President occurs, convene in accordance with its rules without
need of a call and within seven days enact a law calling for a
special election to elect a President and a Vice-President to be Q. Top 12 serve for 6 years, bottom 12 for 3 years. At midterm
held not earlier than forty-five days nor later than sixty days from after 3 years the bottom 12 disappears and the top 12 stays
the time of such call. The bill calling such special election shall be for another 3 years. But bottom 12 that disappeared is
deemed certified under paragraph 2, Section 26, Article VI of this
Constitution and shall become law upon its approval on third replenished by a new batch. So this new batch of senators
reading by the Congress. find companion in the senate. In this case what do you think
is the reason now?
Continuity. In other words, the older 12 will bring experience in the
Appropriations for the special election shall be charged against any senate and the new batch will bring freshness, new ideas. Mixture
current appropriations and shall be exempt from the requirements of experience and freshness.
of paragraph 4, Section 25, Article VI of this Constitution. The
convening of the Congress cannot be suspended nor the special
election postponed. No special election shall be called if the Q. What is the term of office?
vacancy occurs within eighteen months before the date of the next 6 years
presidential election.
Q. Term limit?
TN: This presupposes that succession cannot happen since the 2 consecutive terms. That is the term of office. Meaning you cannot
Senate President and Speaker of the House are likewise dead. exceed 2 successive terms. After 2 successive terms you rest.
Then can run again.
Q. How are the vacancies occurring midterm in both the
Presidency and Vice-Presidency filled? Q. Since the term of office is 6 years. But the election is held
TN: If the President, Vice-President, Senate President and House every 3 years. Do you need to rest for 6 years or 3 years only
Speaker die, resign or are permanently disabled at the middle of before you can run again?
term. When we get to the topic term limit, you will realize that even a gap
of one day will already qualify one for another term. Law does not
GR: The Congress shall enact a law calling for a special election to distinguish between 3 or 6 years. There was a case against Drilon
elect a President and VP, to be held not earlier than 45 days nor because he only rested for 3 years. A disqualification case was
later than 60 days from the time of such all. filed alleging that he should rest for 6 years because that is
exactly the length of his office. COMELEC dismissed the case
because there is NO legal basis. So one can rest for 3 or 6 years
XPN: If the vacancy occurred within 18 months before the date of for as long as there is a gap after the 2 successive terms.
the next presidential election, no special election shall be called.
Q. How are the vacancies occurring at the start of the term in Tolentino v. Comelec
both the Presidency and Vice-Presidency filled? One-liner: Although the Comelec failed to call and give notice, the
TN: If the President, Vice-President, Senate President and House special election is still valid as the right and duty to hold the
Speaker die, resign or are permanently disabled at the start of election emanate from the statute and not from any call for the
term. election by some authority and the law charges voters with
knowledge of the time and place of the election (statutory notice).
Congress legislates the manner in which one who is to act as
President shall be selected. Facts: After Arroyo’s succession to Presidency and Sen.
Guingona’s confirmation as the new VP, a seat in Senate was left
vacant. Senate resolved to call on Comelec to fill such vacancy
Q. If President and VP are vacated at the same time? through a special election to be held simultaneously with the
Special Election upcoming regular election, such that the Senatorial candidate with
the 13th highest number of votes shall fill the vacancy. The
Q. What happens if the vacancy occurs 18 months prior to Comelec did so.
regular notice?
Special election held simultaneous with next regular election; avoid Issue: Whether a special election to fill a vacant 3-yr term Senate
expenses seat was validly held.
Held: Yes. The calling of an election, that is, the giving notice of the
SENATORS time and place of its occurrence, whether made by the legislature
directly or by the body with the duty to give such call, is
HOW ELECTED, TERM OF OFFICE AND TERM LIMIT indispensable to the election's validity. In a special election to fill a
vacancy, a statute that expressly provides that an election to fill a
COMPOSITION AND HOW ELECTED vacancy shall be held at the next general elections fixes the date at
Q. How many members shall compose the Senate? which the special election is to be held and operates as the call for
that election.
24 members. Of the Senators elected in the election of 1992, the
first twelve obtaining the highest number of votes shall serve for
six years and the remaining twelve for three years. In determining whether there was a failure of election, it should be
determined whether the lack of notice misled a substantial number
of voters to believe that there was no special election. This did not
Q. How are senators elected? happen in this case since more than 10 million voters already cast
They are elected at large by the qualified voters of the Philippines. their votes for the winning candidate.
If it’s in the law, the people are charged with its knowledge.
Q. How many senators are there?
12 senators. Q. What happens to the votes cast absence notice?
Nullified. Disenfranchised. Because such is the law and presumed
Q. Was there ever a time that we had more than 12? that people know such.
Yes
Q. What happens if the vacancy occurs 18 months prior to
Q. When? regular election?
A: To avoid expenses, the special election for the vacancy is held Qualifications of a Senator cannot be amended, expanded or
together with the next regular election. restricted by ordinary legislation. We have to amend the
constitution.
Q. Form of notice that compensated the lack of notice? Maquera v Borja = property qualification
STATUTORY NOTICE; provided already by the law Pimentel v COMELEC = lifestyle qualification
Q. What is the effect of voluntary renunciation of the office? Q. Term limit of representatives?
It shall not be considered as an interruption in the continuity of his 3 consecutive terms
service for the full term for which he was elected.
Issue: Can Congress or Comelec expand the qualification Q. How many are members of the House of Representatives?
requirements of candidates for senator under the Constitution? 250
Held: No. A law or an administrative rule violating any norm of the Q. Is that the maximum? Why or why not?
Constitution is null and void and has no effect. It is the maximum as provided, but it can be adjusted later.
The Congress cannot validly amend or otherwise modify the Q. What is the basis for Congress to adjust?
qualification standards of the Constitution. It cannot disregard Aside from the constitution, the growing population. As the number
evade or weaken the force of a Constitutional mandate or alter or of inhabitants increments, meaning as it gets larger, then chances
enlarge the constitution. are, we are going to add more districts. Especially if it is a city and
it now has 250, 000 inhabitants, it can be made as a sole district.
No, it is only the population. That is the reason why if you legislate • Determine the number of seats the first party is entitled to, in
a district, you don’t need to get a certificate from COMELEC of the order to be able to compute that for the other parties. (4% -
number of registered voters to support that but a certification from additional 1; -6% - additional 2)
the Census or the National statistics office that you have reached • The number of seats allotted to the other parties cannot
250, 000 inhabitants possibly exceed that to which the first party is entitled to.
Q. So, out of this 250 members of the house of Q. What is the formula in determining additional seats for the
representatives, how many are the party-list members? first party?
Party-list members shall constitute 20% of the total number of the Number of votes of first party / Total votes for party-list system
house of representatives.
The 20% allocation is based on the combined number of the district If at least 6% = 2 additional seats
representative and the party-list representatives.
If equal to or greater than 4 % but less than 6% = 1 additional seat
Less than 4% - no additional seat
QUALIFICATIONS
Q. What are the qualifications to be a member of the HREP? Example:
1. A natural-born citizen of the Philippines 1,178,747 / 16,261369 = 7.2% (2 additional seats)
2. At least twenty-five years of age on the day of the election
3. Able to read and write Q. What is the formula in determining additional seats for the
4. A registered voter in the district in which he shall be elected other qualified parties?
(except the party-list representatives) No. of votes of qualified party / No. of votes of first party X No. of
5. A resident thereof for a period of not less than one year additional seats allocated to first party
immediately preceding the day of the election (except the
party-list representatives) Example:
977,476 / 1,178,747 X 2 = 1.65% (1 additional seat)
NUMBER OF PARTY LIST
Q. What are the four parameters to determine the winners in
The party-list representatives shall constitute twenty per centum the party-list election under the Veterans case?
(20%) of the total number of representatives including those under
the party list. 1. The 20% allocation – the combined number of all party-list
congressmen shall not exceed 20% of the total
membership of the House of Representatives, including
Q. Is 20% allocation mandatory? those elected under the party list.
No, merely a ceiling 2. The 2% threshold – only those parties garnering a
minimum of 2% of the total valid votes cast for the party-list
Q. Why is there a need to compute the 2% minimum system are “qualified” to have a seat in the House.
threshold? 3. The three-seat limit – each qualified party, regardless of the
To attain meaningful representation of party list number of votes obtained is entitled to a maximum of
three seats only, one qualifying and two additional seats.
4. Proportional representation – the additional seats which a
Q. Is this constitutional? qualified party is entitled to shall be computed in
Yes, according to Banat Case with regard to computation in proportion to their total number of vote
guaranteed seats but not with the computation of the additional
seats
BANAT v. Comelec
Veterans Federation Party v. Comelec Facts:
Petitioner BANAT party-list, questioned the proclamations of the
One-liner: Having determined that the 20% seat allocation is merely Comelec as well as the formula being used. They questioned Sec.
a ceiling, and having upheld the constitutionality of the 2% vote 11 of RA 7941 for being void because its provision that a party-list,
threshold and the three-seat limit imposed under RA 7941, to to qualify for a congressional seat, must garner at least 2% of the
determine how many party list seats the qualified parties are votes cast in the party-list election, is not supported by the
entitled to, rank all of the parties and allocate basing on the votes Constitution. Further, the 2% rule creates a mathematical
garnered by the party in first rank. impossibility to meet the 20% party-list seat prescribed by the
Constitution.
Facts: Two Comelec resolutions ordering the proclamation of 38
additional party-list representatives to complete the full Issue: Whether the 2% threshold is unconstitutional.
complement of 52 seats in the House of Reps were challenged.
Held:
Issues:
Yes, but only insofar as it is used in the distribution of additional
1. Whether the 20% allocation for party-list is mandatory. party- list seats. The allocation of the additional seats is no longer
2. Whether the 2% threshold requirement and three-seat limit limited to the two-percenters. Hence, even those who did not get
is constitutional. at least 2% of votes, can still benefit from the second round of
3. If yes to number 2, how should the additional seats of a seat allocation.
qualified party be determined? We therefore strike down the two percent threshold only in relation
to the distribution of the additional seats as found in the second
Held: clause of Section 11 (b) of R.A. No. 7941. The two percent
threshold presents an unwarranted obstacle to the full
1. No, the 20% is just a mere ceiling and the mechanics by implementation of Section 5 (2), Article VI of the Constitution and
which it is to be filled up has been left to Congress in the prevents the attainment of "the broadest possible representation of
exercise of its prerogative. party, sectoral or group interests in the House of Representatives
2. Yes. The 2% threshold is constitutional since it is
consistent with the very essence of “representation”,
because to have a meaningful representation the elected The following rules shall be followed to determine the additional
persons must have the mandate of a sufficient number of seats:
people. Otherwise, the result might be the proliferation of
small groups which are incapable of contributing Allocation of guaranteed seats:
significant legislation, and which might even pose a threat • Rank all the parties according to the votes each obtained
to the stability of Congress.
• Compute the ratio for each party by dividing its votes by the total
3. Yes. The three-seat limit is likewise constitutional since it votes cast for the party-list
ensures the entry of various interest-representations into
the legislature. Thus, no single group, no matter how large • All those who garnered at least 2% shall have a guaranteed seat.
its membership, would dominate the party-list seats, if not
the entire House. Allocation of additional seats
4. The following rules shall be followed to determine the • The percentage of votes is multiplied by the remaining available
additional seats: seats, 38. (55 maximum seats less the 17 guaranteed seats of
the two-percenters)
TN: Under this, only those already qualified can have additional
seats. Examples:
• Rank all the parties according to the votes each obtained 7.33% x 38 = 2.79% (2 additional seats)
• Compute the ratio for each party by dividing its votes by the 4.74% x 38 = 1.80% (1 additional seat)
total votes cast for the party-list 2.12% x 38 = 0.80% (1 additional seat)
• All those who garnered at least 2% shall have a guaranteed
seat. Only these parties shall be considered in the
computation of additional seats Q. Is this 20% allocation for the party list members mandatory
(meaning, you have to maximize the 20%)?
• The party having the highest number of votes is referred to
as the “first party”
Yes, it is mandatory, you have to fill it up, you have to maximize, your property, that it belongs to you, which should not be the case
provided that there are enough number of party-lists that are because that power is limited by term of office because it’s
participating in the election. Because otherwise, it will not be supposed to be temporary
enough no matter how much we maximize, we cannot maximize
the 20% allocation. Q. What is the justification of the Supreme Court in this case
why there is a 3-limit rule?
Q. Why is there a 2% threshold? Why do we impose a minimum Legal Justification: Constitution and LGC
number of votes for party-lists? Practical Justification: Because the argument there is that if we
It is important because otherwise some fly-by-night party-list are a democratic country, why are we limiting the choices of the
members might get in into the system. So to show that you have people?
enough constituents to represent, that you have enough members
in your sector to represent, the 2% threshold must be imposed, Q. What is the purpose of the three term limit?
otherwise, anybody can just get inside.
- Not to develop proprietary rights – that is in Latasa vs Comelec
that if we allow politicians to serve more than three terms,
Q. Why do we limit to a maximum of three seats only per party- chances are they will tend to develop a sense of interest over
list? the public office
To prevent the monopoly of one party-list in so far as the party-list - Prevent monopolization of power
representation is concerned. - Enhance freedom of choice of the people
Q. What’s your one-liner in so far as the number of party-list Democracy only works when we have an intelligent electorate.
representatives is concerned? Unfortunately, they cannot discern what is abuse from what is
As much as possible, the maximum 20% allocation must be filled proper; hence, there are certain safeguards provided under the
up unless otherwise it is hypothetically impossible to fill that up, as constitution, and one is the three term limit. For as long as our
such, the allocation of which should be in lined with the interest of electorate, again this is not an absolute statement, sees election
the people, that they shall be properly represented. not as a political activity but as an economic opportunity, we will
never be able to choose. (??)
Q. What is the basis of Congress to increase the seats in
proportion to the population?
Latasa v. Comelec
It is constitutionally mandated that the Congress, three years after
the release of the Census, should act whether to increase the One-liner: The framers of the Constitution included an exception to
members of HRep or not. the people’s freedom to choose those who will govern them in order
to avoid the evil of a single person accumulating excessive power
over a particular territorial jurisdiction as a result of a prolonged
Sir Guji: In other words, that particular provision is not self-limiting stay in the same office.
for it requires a positive act by Congress to increase the number
of members. Even if it says maximum, it is not self-limiting. There
is that census every three years that would be made as a basis by Facts:
Congress to whether or not reapportion more seats. Like for Latasa held three consecutive offices as mayor, and on his third
example, if there’s a city which has at least 250, 000 population, term, the Municipality of Digos was made into the City of Digos.
that can be made as a separate or lone district. He does not deny the fact that he has already served for three
consecutive terms as municipal mayor. However, he asserts that
when Digos was converted from a municipality to a city, it attained
THREE-TERM LIMIT a different juridical personality. Therefore, when he filed his
Q. Why do we need to limit the term of office? certificate of candidacy for city mayor, he cannot be construed as
vying for the same local government post.
1. To prevent monopoly of power.
2. To prevent developing proprietary interest over the public office.
Issue: Whether Latasa is eligible to run as candidate for the
position of mayor of the newly-created City of Digos immediately
after he served for three consecutive terms as mayor of the
PURPOSE OF THE THREE-TERM LIMIT Municipality of Digos.
Borja v. Comelec
One-liner: The purpose of limiting the number of terms elective Held:
local officials may serve is to prevent excessive accumulation of No. Although the new city acquired a new corporate existence
power by perpetuating themselves in office. It seeks to protect the separate and distinct from that of the municipality, it does not
people from the evils that a monopoly of political power may bring mean, that for the purpose of applying the subject Constitutional
about. provision, the office of the municipal mayor would now be
construed as a different local government post as that of the office
Facts: of the city mayor.
The vice-mayor succeeded the mayor upon the latter’s death by
operation of law. Consequently, he ran and was elected mayor for The territorial jurisdiction of the City of Digos is the same as that of
another two terms. On his third attempt to run for mayor, a the municipality. Consequently, the inhabitants of the municipality
disqualification case was filed against him, on the ground that he are the same as those in the city. These inhabitants are the same
already served as mayor for three consecutive terms, counting as group of voters who elected petitioner Latasa to be their municipal
one term that he served by virtue of succession. mayor for three consecutive terms. These are also the same
inhabitants over whom he held power and authority as their chief
Issue: executive for nine year.
Whether a vice-mayor who succeeds to the office of mayor by
operation of law and serves the remainder of the term is considered The framers of the Constitution included an exception to the
to have served a term in that office for the purpose of the three- people’s freedom to choose those who will govern them in order to
term limit. avoid the evil of a single person accumulating excessive power
over a particular territorial jurisdiction as a result of a prolonged
stay in the same office. To allow petitioner to vie for the position of
Held: city mayor after having served for three consecutive terms as a
No. Under the Constitution, the three-term limitation refers to the municipal mayor would obviously defeat the very intent of the
term of office for which the local official was elected. The purpose framers when they wrote this exception.
of this provision is to prevent a circumvention of the limitation on
the number of terms an elective local official may serve. If he is
not serving a term for which he was elected because he is simply Should he be allowed another three consecutive terms as mayor of
continuing the service of the official he succeeds, such official the City of Digos, petitioner would then be possibly holding office
cannot be considered to have fully served the term as chief executive over the same territorial jurisdiction and
notwithstanding his voluntary renunciation of office prior to its inhabitants for a total of eighteen consecutive years.
expiration. While the people should be protected from the evils
that a monopoly of political power may bring about, care should be Q. What are the requisites of the three-term limit rule?
taken that their freedom of choice is not unduly curtailed. For the three-term limit for elective local government officials to
apply, two conditions or requisites must concur, to wit:
Sir Guji: 1. That the official concerned has been elected for three
What the Borja case tells us is that, one of the reasons why there is consecutive terms in the same local government post
a term limit is to prevent monopoly of power. But in this case, the 2. That he has fully served three consecutive terms.
first term where he assumed the mayorship, did not count
because one of the requisites for the three-term limit rule to apply
is to be fully re- elected. When you succeed only, that is omitted Sir Guji:
from the purview of the provision. Actually, the argument of Latasa was very sound, because he said
“Okay, while it is true that I fully served three terms, but that was
then when it was still a municipality. Now, it’s already a city. But
Second reason for the term limit is, to prevent developing the SC, No, despite the conversion, you were still governing the
proprietary interest. Normally, when you get to taste power, power is same territory and constituents. So, same place and same people.
very addicting. Once you get addicted to power, chances are, you Because otherwise, if we were to allow that, Latasa would have
develop proprietary interest. Meaning, you look at your position as served 18 years, hence he could develop proprietary interest.
Facts:
Q. What is the mode by which you get into that position?
The vice-mayor succeeded the mayor upon the latter’s death by
operation of law. Consequently, he ran and was elected mayor for By election. In other words, you must be elected to that particular
position and fully served that particular office of the same position.
another two terms. On his third attempt to run for mayor, a
disqualification case was filed against him, on the ground that he That will count as one term for three terms for purposes of three
already served as mayor for three consecutive terms, counting as term limit.
one term that he served by virtue of succession.
Q. In which case, if you succeed, is that by election?
Issue: No. Thus, if you succeed that does not count as one term because
Whether a vice-mayor who succeeds to the office of mayor by the requisite is you must be elected to that position to count as
operation of law and serves the remainder of the term is considered one term.
to have served a term in that office for the purpose of the three-
term limit.
PREVENTIVE SUSPENSION
Ruling: Aldovino v. Comelec
No. If he is not serving a term for which he was elected because he One liner: Voluntary renunciation refers only to the elective
is simply continuing the service of the official he succeeds, such official's voluntary relinquishment of office and loss of title to this
official cannot be considered to have fully served the term. office. It does not speak of the temporary "cessation of the
exercise of power or authority" that may occur for various reasons,
with preventive suspension being only one of them.
Sir Guji:
If you succeed, your term is actually interrupted. That is
succession’s effect on term limit: it interrupts. It interrupts both: Facts:
your term as the vice mayor and your term as the mayor. Both is Respondent was elected councilor for three consecutive terms.
in your favor then. But the legal successor has no choice because During his third term, Sandiganbayan preventively suspended him
by operation of law, succession says “You have no choice. You which was subsequently lifted. When he ran again for councilor, a
are going to be the next in line.” disqualification case was filed on the ground that he has already
served for three terms.
Q. When does the 3 term limit apply? What are the requisites?
Valid election & fully served the consecutive terms Issue: Whether preventive suspension of an elective official is an
interruption of his term of office for purposes of the three-term limit
In other words here if you succeed, it does not count as one term.
rule.
Q. As a vice-mayor, he succeeded as mayor. As a mayor, does
it count as one term? Held:
No, because he merely succeeded. No. The interruption of a term exempting an elective official from
the three-term limit rule is one that involves no less than the
involuntary loss of title to office. However, temporary inability or
Q. Now as a vice mayor since he vacated that by virtue of disqualification to exercise the functions of an elective post, as in
succession, does the vice-mayor count as one term? preventive suspension, even if involuntary, should not be
No again. The effect here is you interrupt both terms, as vice mayor considered as an effective interruption of a term because
it is interrupted and as mayor it is interrupted. In other words, if suspended official continues to stay in office although barred from
you succeed it is favorable to both positions. As mayor it does not exercising the functions and prerogatives of the office within the
count as one term and as a vice mayor it does not count as one suspension period.
term because it is effectively interrupted by succession and
succession is not your choice. It is under the law. Q. What is the best evidence that we can say that even if you
were suspended, you did not lose title to the office?
Montebon v. Comelec There is no replacement. So whatever loss of title to the office
there is, it is only temporary. So it could not count as one term.
Facts:
A disqualification case was filed against a municipal councilor
alleging that he has already served three terms. In his defense, In the constitution, it says, “Voluntary renunciation does not
the councilor said that his second term was interrupted when he interrupt the term”. Voluntary meaning, you resigned. If you
succeeded as vice mayor when the latter retired. Consequently, he resigned, you are still considered to have fully served the term. It
is not disqualified from running for councilor again. counts as one term because otherwise, it’s so easy to circumvent
the law:
Q: So if voluntary renunciation does not interrupt the term of repeatedly held by this court that a proclamation subsequently
office, how about INVOLUNTARY renunciation or leave of declared void is no proclamation at all and while a proclaimed
office? candidate may assume office on the strength of the proclamation
As a general rule, Involuntary severance interrupts. of the Board of Canvassers he is only a presumptive winner who
assumes office subject to the final outcome of the election protest.
Secondly, he cannot be deemed to have served the third term
Q: But why is it in this case, the SC still said that it will NOT because he was ordered to vacate his post before the expiration of
interrupt? the term. He vacated his post not by voluntary renunciation but in
It is because, SC believe that there is a possibility that the compliance with the legal process of writ of execution issued by
government officials will fabricate administrative charges against the COMELEC to that effect. Such involuntary severance from
themselves so to involuntary suspend them, thus will not count as office is an interruption of continuity of service and thus, the
one term. It sounds so unfair but it emphasizes the strict petitioner did not fully serve the 1995- 1998 mayoral term.
safeguards by which the Constitution provides against the
excessive terms for power of elective officials.
Q. It was said that there was an involuntary leave of office. Why
is that so?
Q. Aside from suspension, what are other involuntary He was forced to vacate through the order of the writ of execution.
severance of office that SC said that “No, it still count as one
term. It does not interrupt”.
A. Sickness By the force of the writ of execution, he had no choice but to leave
so that makes it very, very, VERY involuntary. And as such, being
B. Force Majeure involuntary, it now interrupts the term of office. As a matter of fact,
he was not even considered elected in the first place. Hence, the
Sir Guji: three- term limit rule cannot attach because one of the
requirements there is that, he should be elected.
What we are talking here is about preventive suspension.
Remember: Preventive suspension is NOT a penalty. Hence, it
does not interrupt the term. Of course, in the case, he was proclaimed as the winner and so he
was the de facto officer. But then again, there was the involuntary
interruption of office by force of the writ of execution. And you have
Q. What if you were suspended as a penalty? Does it matter? no choice but to follow the writ of execution.
No, it does not matter. Because, there is no loss of title. More so,
there is a possibility that you fabricated or invented administrative Disqualification prior to end of term seldom happens, really this
charges against you so that you will be preventively suspended or seldom happens. Because when you file an election protest case,
suspended as a penalty, just to circumvent the Constitutional the decision becomes final probably a week prior to the expiration
prohibition against the three-term limit. of term. That’s what happened to Lucy Torres. Her disqualification
case decision was promulgated a month prior to term end.
Q. In so far as preventive suspension is concerned, it is not a
voluntary action. Why did the SC rule that you still served the Q. What order from COMELEC that compelled him to vacate
term? the office?
There is no loss of title to the office Proclamation was null & void; writ of execution from COMELEC
(involuntary)
Q. What is the best evidence that you did not lose your title?
Retained title and was not permanently replaced
DISQUALIFICATION AFTER END OF TERM
Q. Is preventive suspension a penalty? Ong v. Alegre
NO, just pause for an investigation; One-liner: Assumption of office by an elective official and
continuous exercise of the functions thereof from start to finish of
the term, notwithstanding a belated decision by the court in an
Q.Does suspension interrupt term? election protest case disqualifying said elective official, should
NO legally be taken as service for a full term in contemplation of the
three-term rule.
Q. SC speculated that we should not consider preventive
suspension as an interruption to the term of office. Why? Facts:
Because it is a way to circumvent the term limit; politicians will A disqualification case predicated on the three-consecutive term
deliberately cause the suspension so it will cause his extension of limit rule was filed against Francis Ong. During his second term, the
term. opposing party filed an election protest and the RTC declared the
opposing party as the duly elected mayor. However, such decision
Q. IF I got sick and went to US for treatment, does it interrupt came out only three years after, when Francis already finished his
my office? second term and in fact already starting with his third term.
NO; no replacement of office; did not lose title
Issue:
ATTY: as long as there is no permanent replacement, no Whether or not the assumption of office as mayor from July 1, 1998
interruption of term to June 30, 2001, may be considered as one full term service in the
context of the consecutive three-term limit rule.
Voluntary renunciation not equal to resignation that’s why SC
included preventive suspension, force majeure, sickness Held:
Yes. Such assumption of office constitutes, "service for the full
term", and should be counted as a full term served in
DISQUALIFICATION PRIOR TO END OF TERM contemplation of the three-term limit.
Lonzanida v. Comelec
It is true that the court ruled in the election protest case that it was
One liner: A proclamation subsequently declared void is no Francis’s opponent who was the legally elected mayor. However,
proclamation at all and one assuming office on the strength of a such decision, was without practical and legal use and value,
protested proclamation does so as a presumptive winner and having been promulgated after the term of the contested office
subject to the final outcome of the election protest. has expired.
Q. In this case, he was mayor for two consecutive terms. On the Sir Guji: Example of “backwards”:
third try, he lost. However, there was a recall election, and he
1st: Elected, served fully ― one term
2nd: Elected, served fully ― two terms It’s not so much on whether or not it interrupts, but rather whether
3rd: Recall, served fully ― SC: this is not counted as a term or not the city is not different from the municipality (ex: different
because you do not go backwards. Meaning, you do not go one land area, different voters, etc.)
term (1st) ― second term (2nd) ― third term (Recall).
It will only count as one term if you count onwards. Meaning, one
ELECTION PROTEST
term Abundo v. Comelec
(Recall) ― second term (Regular) ― third term (Regular). One-liner: Serving the remaining term after a proclamation in an
election protest, does not count as one full term.
Q. How was this resolved in the 3rd case? Facts:
Recall election does not constitute as one term; Abundo vied for the position of mayor of for four consecutive
elections (2001, 2004, 2007, 2010). In both 2001 and 2007, he
was proclaimed the winner and served his terms. However, in the
Q. Is Socrates abandoned by this new jurisprudence? 2004 elections, Torres was proclaimed as the winner in the
Yes. Mendoza case latest ruling (recall elec not counted as one election. Abundo unseated Torres after a successful election
term) protest. Abundo served the remaining 1 year and 1 month of the
Summarize the cases term. In the 2010 elections, Abundo and Torres again opposed
each other. Torres filed a petition to disqualify Abundo based on
the three-term limit rule.
Q. Can recall election be applied to district representatives?
NO. Applicable only to elective officials Issue: Whether Abundo is deemed to have served 3 consecutive
terms.
Q. So, if Regular- Regular- Recall, can he run again for the
fourth term? Held:
Yes. The recall election is only counted onwards. So from that
recall election, one term. The fourth election, will be the second No. The consecutiveness of what otherwise would have been
term, and so on. Abundo’s
three successive, continuous mayorship was effectively broken
during the 2004- 2007 term when he was initially deprived of title
However, this is merely an obiter dictum. This was not contested to, and was veritably disallowed to serve and occupy, an office to
yet. which he, after due proceedings, was eventually declared to have
been the rightful choice of the electorate. The two-year period
Summary of these cases during which Torres was serving as mayor should be considered
• A recall election cannot bar the candidate from running because as an interruption, which effectively removed Abundo’s case from
it is not considered an immediate reelection. There is that period the ambit of the three-term limit rule.
of time/ gap that you are considered a private citizen, in which
case, it does not count as one term. Sir Guji:
• You know, a recall petition is tedious/expensive. However, First term, Abundo was elected as mayor. He completed the term.
curiously, almost always, if there is a recall election in Palawan, On the second election, he lost but he filed an election protest.
it is granted. But here, when there was a recall election in During the three-term period which was supposed to be the term
Danao city. What happened there was the Durano brothers, and of office, the election protest declared him as the real winner of the
I think it was the Vice-Mayor Durano who initiated, but of course elections. As such, he was installed and served the remaining
seemingly for the people, a recall petition against the Durano term. On the third term, he ran and won again, completed it as
Mayor. well.
• You must prove that the recall petition is called for/signed by at
least 25% of the voters. We verify whether or not the signatures The issue here is, in these three terms, Torres says that Abundo is
really belonged to the voter who signed it by comparing it now barred to run for the fourth consecutive term because the first
against our records, one-by-one (around 40,000-50,000 three counted as such. But Abundo’s contention is that, the
signatures) and we are not hand- writing experts. There are second term should not be counted as one full term.
boxes labeled as “looks similar”, “does not look similar”. So we
just check. That process is very tedious. So after the verification,
there are still other requirements that have to be complied with. So the main issue here is that whether the second term mus be
counted for the purposes of the three-term limit rule.
• The COMELEC will then determine if the petition is sufficient in
form and substance, then let there be a recall election. But then
suddenly, COMELEC will suddenly say, there is no budget. And SC said, that no. The two requisites must be complied. Firstly, he
curiously, if it is in Palawan, there is budget. must be elected into the same office, which was complied by
• The only ground for a recall election is “loss of confidence”. Abundo although he was only declared later on. But the second
requisite, which is that he must have fully served the term, was not
complied with as he merely served the remaining term for the
CONVERSION OF MUNICIPALITY TO CITY second term he was elected in. Ergo, the proclamation in the
election protest does not count as serving full term.
Latasa v. Comelec
Facts: Q. Did not this case reiterate the requisites by which you can
Latasa held three consecutive offices as mayor, and on his third say that it counts as a terms? What are the requisites?
term, the Municipality of Digos was made into the City of Digos. 1. He is elected for that purpose
He does not deny the fact that he has already served for three
consecutive terms as municipal mayor. However, he asserts that 2. He fully served that term
when Digos was converted from a municipality to a city, it attained
a different juridical personality. Therefore, when he filed his Q. What do you think is the reason why there are a lot of cases
certificate of candidacy for city mayor, he cannot be construed as on term limit?
vying for the same local government post. A politician has all the tricks to circumvent the three term limit. They
are trying to test the
Issue: Whether Latasa is eligible to run as candidate for the waters.
position of mayor of the newly-created City of Digos immediately
after he served for three consecutive terms as mayor of the Q. What if you were disqualified after your term of office? So
Municipality of Digos. you will argue that my election was void from the beginning
and so it should not count as one term. How will you address
Held: that?
No. Although the new city acquired a new corporate existence In case of doubt, resolve in favor of limitation.
separate and distinct from that of the municipality, it does not
mean, that for the purpose of applying the subject Constitutional Q. Does it count as one term in case of election protest and
provision, the office of the municipal mayor would now be the office as vacated?
construed as a different local government post as that of the office
NO
of the city mayor.
Q. So did not the SC reiterate the three requisites for the 3 sectors, organizations and parties, and who lack well-defined
term limit rule to apply political constituencies but who could contribute to the formulation
• The official concerned has been elected for 3 consecutive terms and enactment of appropriate legislation that will benefit the nation
in the same local government post as a whole, to become members of the House of Representatives.
• The official has fully served 3 consecutive terms
• G: Should be elected not only a candidate because you might Towards this end, the State shall develop and guarantee a full, free
have lost the elections and open party system in order to attain the broadcast possible
representation of party, sectoral or group interests in the House of
• G: In this particular case, it’s a reversal of fortune because in this Representatives by enhancing their chances to compete for and
case he was not proclaimed the winner so he was not able to
win seats in the legislature, and shall provide the simplest scheme
take his oath to assume office; in the middle of the term he was possible.
latter on proclaimed the winner; during the interim wherein he
was waiting for the result of the election protest he was a
private individual
QUALIFICATIONS
Q. What are the qualifications of party-list nominees?
Take note of the first requisite which is election. In this case no less
than the COMELEC is now saying that “you were the one who 1. Natural-born citizen of the Philippines
was elected” 2. Registered voter
3. Resident of the Philippines for a period of not less than
Q. Does it not count as one term then? one (1) year immediately preceding the day of the election
No because he was not able to serve the term 4. Able to read and write
Atty: Go back to requisites; in case of doubt rule in favor of 3 term 5. Bona fide member of the party or organization which he
limit rule because the court is zealous in guarding against seeks to represent for at least ninety (90) days preceding
excessive terms of office the day of the election
6. At least twenty-five (25) years of age on the day of the
election
Q. What about the one who was proclaimed first and served
for quite some time; did it count as one term for him?
TN: In case of a nominee of the youth sector, he must at least be 25 but not
No, because the candidate does not fall under the contemplation of more than 30 years of age on the day of the election. Any youth sectoral
the 2 requisites representative who attains the age of 30 during his term shall be allowed to
1) 1st: was not validly elected; void proclamation is no continue in office until the expiration of his term.
proclamation at all
2) 2nd: did not fully serve the term bc forced to vacate office Q. If you know, when can you be not necessarily natural born
thus it was interrupted; no choice but to vacate because but still Filipino and can run for public office [aka naturalized]
there was a writ of execution • Governor to barangay kagawad — need not be natural born but
filipino citizen only
Atty: G: Lucy torres story — Richard Gomez first who ran but was • G: natural born citizenship required only from president to district
disqualified for material misrepresentation as to his residence bc it rep & also ARMM governor, vice-governor and assemblymen
was Lucy who actually resided in Ormoc; Lucy was domiciled in • G: literacy for governor to brgy kagawad it is the ability to read
Ormoc so it was her residence thus she replaced Richard; Lucy and write the local dialect
was disqualified shortly before the end of her term bc the
COMELEC said that Richard not a candidate to begin with so he
cannot be validly substituted; Lucy “theoretically” had to vacate; Q. Difference between nominee and party list representative
Lucy’s term interrupted so does not count so she can still run for a Nominee: those submitted by the party list to the COMELEC;
3rd and 4th term another term for candidate in relation to party lists
Representative: when your party list wins a seat you become a
representative; candidate chosen by sector or voting public
VACANCY IN THE SENATE OR HOUSE OF REPS
HOW FILLED Q. Is there a qualification that in order to represent a party list
you should belong to that sector?
Article VI, Section 9, 1987 Constitution
In case of vacancy in the Senate or in the House of Representatives, a No. As long your intention is in line with those people belonging to
special election may be called to fill such vacancy in the manner prescribed that sector. Aside from intention you must have a track record of
by law, but the Senator or Member of the House of Representatives thus your advocacy.
elected shall serve only for the unexpired term.
Q. Is the rule on special elections absolute in case a vacancy What we are saying here is that before the SC said that you must
occurs in the Senate or House of Representatives? belong to the sector that you are representing. But now the SC says
NO. The rule will depend on the date when the vacancy occurred that it could be either way. You could be a member of the sector or
and the House where the vacancy originated. If the vacancy you have the track record of advocacy for the enhancement of a
occurred in the Senate, irrespective of the date it occurred, the particular sector’s rights. That’s why you can represent the elderly
special elections shall be simultaneous with the next regular even you are just 25 years old provided that you have a track
elections. If the vacancy occurred in the House of Representative, record of advocacy in line with their rights.
the rule will depend on the date when it occurred:
1. If vacancy falls inside the one year period prior to the Q. For the youth sector, what if at the time I was elected so my
next regular elections – no more special elections. It party list won a seat I was already 29 so during my
shall be done simultaneously with the next regular incumbency I became 31, should I give up my seat?
elections
- Allowed to complete the term of office because qualified at the
2. If vacancy falls outside the one year period prior to time of election
the next regular elections – there will be a special
election. - G: maturing age at the time of incumbency does not disqualify
you
When you say marginalized it means lack of attention. They are not Q. May political parties participate under the party-list system
given the attention that they deserved. of elections?
Yes. The Supreme Court laid down 8 parameters before a political
Q. Do you need to be dirt poor in order to represent the party may be allowed registration. For a political party to be
marginalized? allowed participation, it must align itself with sectoral groups. In like
manner that nominee thereof must also be representing the
There is no financial requirement in order for you to become a party underrepresented and the marginalized sectors.
list representative.
8 parameters:
Q. Are you saying if I am a billionaire I can be a party list
nominee? 1. The political party must represent the marginalized and
underrepresented groups
Yes, as long as you are representing the interest of the
marginalized; you need not be a member of the sector you 2. It must comply with the declared statutory policy of
represent as long as you have a track record of advocacy enabling “Filipino citizens belonging to marginalized and
espousing the interests of that particular sector underrepresented sectors
3. The religious sector may not be represented in the party-
list system
Atty: So candidates who are disqualified because of the 3 term limit
rule can still join Congress, can still become a representative 4. The party must not be disqualified under Sec 6 of RA 7941
through the back gate. 5. The party must not be an adjunct of or a project organized
GMA’s son was the representative of security guards. How do you or an entity funded or assisted by the government.
expect him to advance the interests of security guards of the 6. The party must not only comply with the requirements of
country? But since he was about to exceed the 3 term limit rule he the law, but its nominees must likewise do so under Sec 9
wanted to be part of Congress by being a party list rep. of RA 7941
Basically masking your disqualification with a party list nomination 7. Not only the candidate must represent the marginalized, so
also must its nominees
8. The nominees must likewise be able to contribute to the
Ang Bagong Bayani-OFW v. Comelec formulation and enactment of appropriate legislation that
One-liner: The nominees must represent the marginalized and will benefit the nation as a whole.
underrepresented sectors. They must be Filipino citizens "who
belong to marginalized and underrepresented sectors, TN: But this was modified by the subsequent ruling in the case of
organizations and parties." Hence, the interests of the youth Atong Paglaum v. Comelec
cannot be fully represented by a retiree; neither can those of the
urban poor or the working class, by an industrialist. To allow
otherwise is to betray the State policy to give genuine BANAT v. Comelec and Bayan Muna v. Comelec
representation to the marginalized and underrepresented. One-liner: It is not necessary that the party-list organization's
nominee "wallow in poverty, destitution and infirmity" as there is
Facts: no financial status required in the law. It is enough that the
Petitioners Ang Bagong Bayani and Bayan Muna object to the nominee of the sectoral party belongs to the marginalized and
participation of major political parties. They seek the underrepresented sectors, that is, if the nominee represents the
disqualification of private respondents, arguing mainly that the fisherfolk, he or she must be a fisherfolk, or if the nominee
party-list system was intended to benefit the marginalized and represents the senior citizens, he or she must be a senior citizen.
underrepresented; not the mainstream political parties, the non-
marginalized or overrepresented Summary insofar as the qualifications of the nominees are
concerned.
Issues: • In Bagong Bayani, you should belong to the marginalized or
1. Whether political parties may participate in the party-list underrepresented.
stem • In Banat, the SC became more specific
2. Whether the party-list system is exclusive to marginalized
and underrepresented sectors. Atong Paglaum v. Comelec
Held: One-liner: It is not necessary that the nominee be a member of the
1. Yes. They cannot be disqualified from the party-list elections marginalized sector which he seeks to represent. It is enough that
merely on the ground that they are political parties. The he is an advocate of such sector, that, he has a proven track
Constitution provides that members provides that members of record for the advocating the cause of the organization he seeks
the House may be elected through a party-list system of to represent.
registered national, regional, and sectoral parties or
organizations. The purpose of the party-list is to open up the
system. Indubitably, therefore, political parties — even the Facts:
major ones — may participate in the party-list elections. 52 party-list groups assailed the Resolutions issued by Comelec
denying their petitions for registration under the party-list system.
That political parties may participate in the party-list elections does
not mean, however, that any political party — or any organization Issue:
or group for that matter — may do so. The requisite character of Whether the criteria for participating as party-list system laid down
these parties or organizations must be consistent with the purpose in Ang Bagong Bayani and BANAT should be applied by the
of the party-list system, as laid down in the Constitution and RA Comelec in the coming May 2013 party-list elections.
7941. In other words, while they are not disqualified merely on the
ground that they are political parties, they must show, however, that
they represent the interests of the marginalized and Held:
underrepresented. No. Political parties need not align themselves with sectoral groups
or organizations, and the nominees thereof need not come from that
sector itself, provided that he can show that he has a proven track
2. Yes. Only those Filipinos who are marginalized and record for advocating the cause of the organization he seeks to
underrepresented become members of Congress under the represent.
party- list system. Logic shows that the system has been
opened to those who have never gotten a foothold within it —
those who cannot otherwise win in regular elections and who The recognition that national and regional parties, as well as
therefore need the "simplest scheme possible" to do so. sectoral parties of professionals, the elderly, women and the youth,
Conversely, it would be illogical to open the system to those who need not be "marginalized and underrepresented" will allow small
have long been within it — those privileged sectors that have ideology-based and cause-oriented parties who lack "well-defined
long dominated the congressional district elections. This Court, political constituencies" a chance to win seats in the House of
therefore, cannot allow the party-list system to be sullied and Representatives. On the other hand, limiting to the "marginalized
prostituted by those who are neither marginalized nor and underrepresented" the sectoral parties for labor, peasant,
underrepresented. fisher folk, urban poor, indigenous cultural communities,
handicapped, veterans, overseas workers, and other sectors that
by their nature are economically at the margins of society, will give
Q. What is the purpose of the party-list system? the "marginalized and underrepresented" an opportunity to
The party-list system is a social justice tool designed not only to likewise win seats in the House of Representatives.
give more law to the great masses of our people who have less in
life, but also to enable them to become veritable lawmakers TN: Belonging to the "marginalized and underrepresented" sector does not
themselves, empowered to participate directly in the enactment of mean one must "wallow in poverty, destitution or infirmity." It is sufficient that
laws designed to benefit them. It intends to make the marginalized one, or his or her sector, is below the middle class or those who fall in the
and the underrepresented not merely passive recipients of the low income group as classified by the National Statistical Coordination
Board.
State's benevolence, but active participants in the mainstream of
representative democracy. Thus, allowing all individuals and
groups, including those which now dominate district elections, to Q. For example, I am to represent PWDs but I am an athlete,
have the same opportunity to participate in party-list elections can I do that?
would desecrate this lofty objective and mongrelize the social Yes, you need not be a member of the sector you represent for as
justice mechanism into an atrocious veneer for traditional politics. long as you have a track record of advocacy
Q. What is a track record of advocacy? No. As based in your statutory construction there are certain
Body of work developed for a significant period of time; complete provisions that are designed not to be self executory like “as
credentials insofar as your advocacy for a particular sector is provided by law” “as may be defined by law”. If you see those
concerned phrases. It means they are not self executory.
Atty: mere photo op not enough as it does not amount to a track
record So, the constitution already admits that the enumeration is not
exclusive.
Q. How long is a long period of time?
Case to case basis Q. Describe the process of registration of party-list.
Atty: COMELEC resolution wherein one must prove membership in Any organized group of persons may register as a party,
that particular sector, aside from track record organization or coalition for purposes of the party-list system by:
1. Register with Comelec – file a verified petition not later
than 90 days before the election, accompanied by its
Q. What do you understand by marginalized? constitution, by-laws, platform or program of government,
Wala tagda list of officers, etc.
2. The petition has to be published in 2 newspapers of
Q. What about lacking well-defined political constituencies? general circulation
Some sectors that fail to secure a seat because membership is not 3. It should be acted upon within 15 days, and no later than
enough 60 days before elections. (There should be a formal
hearing)
Q. Summarize who are really qualified to be PL nominees 4. Once a party-list is accredited by the Comelec, it must
submit to the Comelec a list of 5 nominees not later than
1. Members of the sector or those with a track record of 45 days before the elections.
advocacy
2. citizenship requirement
3. ability to read and write CLASSIFICATIONS OF PARTY-LIST SECTORS
4. member of the sector you represent at least 90d prior to Q. How do you classify the sectors?
date of election - Marginalized or underrepresented
5. at least 25 … - Lacking well-defined political constituents
Q. Are they natural born citizens or just Filipino citizens? Q. Who fall under marginalized?
Natural born - Urban poor
- Indigenous cultural communities
6 parameters:
1. Three different groups may participate in the party-list Q. Who fall under lacking well-defined constituencies?
system: The national, regional and sectoral parties.
2. National parties and regional parties do not need to organize - women
along the sectoral lines and do not need to represent any - youth
“marginalized or underrepresented” sector.
3. Political parties can participate in party-list elections Q. PWDs, do they lack well-defined political constituencies?
provided they register under the party-list system and do Yeah, they are only few in number in a particular district but if you
not field candidates in legislative district elections total them in the entire PH they could produce enough votes to
4. Sectoral parties may either be “marginalized and have a representative
underrepresented” or lacking in “well-defined political Atty: in a particular district, dili nila kaya or there are not enough
constituencies.” numbers for them but in totality nationwide it would be more than
5. A majority of the members of sectoral parties that represent enough to have a seat in Congress by way of PL
the marginalized and underrepresented must belong to
such sector which they represent Q. Can the religious sector be represented?
6. National, regional and sectoral parties shall not be
disqualified if some of their nominees are disqualified, No, it is an exception
provided that they have at least one nominee who remains
qualified. Q. Can Congress legislate allowing the religious sector to be
represented?
No, contrary to mandate of Consti [separation of church and state]
SECTORS TO BE REPRESENTED BY PARTY-LIST
Q. What organizations may qualify under the party-list system? Q. When congress added to the enumeration, is that the end of
1. Labor it?
2. Peasant No, because Congress may still legislate to add to the enumeration
3. Urban poor
4. Fisherfolk Q. If a particular sector is not one of those enumerated under
5. Indigenous cultural communities the are you saying they cant send a PL group to Congress?
6. Women No, as long as they comply with the requirements provided by the
7. Youth Consti and none of the disqualifications
8. Elderly
9. Handicapped Atong Paglaum v. Comelec
10. Veterans One-liner: Sectoral parties may either be “marginalized and
11. Overseas workers underrepresented” or lacking in “well-defined political
12. Professionals constituencies.”
13. Such other sectors as may be provided by law, except the
religious sector. Held:
The party-list system is composed of three different groups: (1)
Q. When you say “other as may be provided by law” what national parties or organizations; (2) regional parties or
organizations; and (3) sectoral parties or organizations. National
does it mean?
and regional parties or organizations are different from sectoral
Not self-executing. parties or organizations. National and regional parties or
Atty: Congress given leeway to add as long as in the enumeration organizations need not be organized along sectoral lines and
they are similarly situated need not represent any particular sector
Q. so can Congress add to that enumeration? Section 5 of R.A. No. 7941 states that "the sectors shall include
Yes labor, peasant, fisher folk, urban poor, indigenous cultural
communities, elderly, handicapped, women, youth, veterans,
overseas workers, and professionals." The sectors mentioned in
Q. so did Congress add? Section 5 are not all necessarily "marginalized and
Yes, the PL law underrepresented." For sure, "professionals" are not by definition
"marginalized and underrepresented," not even the elderly, women,
Q. Who were added? and the youth. However, professionals, the elderly, women, and the
youth may "lack well-defined political constituencies," and can
1) veterans thus organize themselves into sectoral parties in advocacy of the
2) OFWs special interests and concerns of their respective sectors.
3) PWDs
Lacking well-defined political constituency: Their number in the
Q. Is the provision enumerating the sectors self-executing? district is not sufficient to earn a seat in Congress but taking into
account that of the entire nation, it could be sufficient.
N AT U R E O F CO N ST I T U T I O N A L & STAT U TO R Y
ENUMERATION NATURE OF LIST OF NOMINEES
Ang Ladlad v. Comelec BA-RA 7941 v. Comelec
One-liner: The enumeration of marginalized and under- One-liner: Comelec has a constitutional duty to disclose and
represented sectors is not exclusive. The crucial element is not release the names of the nominees of the party-list groups. The
whether a sector is specifically enumerated, but whether a people have the right to elect their representatives on the basis of
particular organization complies with the requirements of the an informed judgment. Hence the need for voters to be informed
Constitution and RA 7941 about matters that have a bearing on their choice. The ideal cannot
be achieved in a system of blind voting.
Facts:
Facts:
Ang Ladlad is an organization composed of men and women who
identify themselves as lesbians, gays, bisexuals, or trans- Both petitions seek to compel the Comelec to disclose or publish
gendered individuals (LGBTs). They applied for registration for the names of the nominees of various party-list groups. Comelec
party-list since the LGBT community is a marginalized and under- denied arguing that the party-list elections must not be personality
represented sector that is particularly disadvantaged because of oriented and that people are to vote for sectoral parties and not for
their sexual orientation and gender identity. The Comelec denied their nominees.
the application on the ground that Ang Ladlad advocates sexual
immorality. Issues: Whether Comelec is mandated by the Constitution to
disclose to the public the names of said nominees.
Issue: Whether Ang Ladlad can qualify as a party-list.
Held:
Held: Yes. It has been repeatedly said in various contexts that the people
Yes. The enumeration of marginalized and under-represented have the right to elect their representatives on the basis of an
sectors is not exclusive. The crucial element is not whether a informed judgment. Hence the need for voters to be informed about
sector is specifically enumerated, but whether a particular matters that have a bearing on their choice. The ideal cannot be
organization complies with the requirements of the Constitution achieved in a system of blind voting, as veritably advocated in the
and RA 7941. They can fall on the “Such other sectors as may be assailed resolution of the Comelec. The Court has consistently
provided by law, except the religious sector.” made it clear that it frowns upon any interpretation of the law or
rules that would hinder in any way the free and intelligent casting
of the votes in an election.
As such, we hold that moral disapproval, without more, is not a
sufficient governmental interest to justify exclusion of
homosexuals from participation in the party-list system. The denial While the vote cast in a party-list elections is a vote for a party,
of Ang Ladlad’s registration on purely moral grounds amounts such vote, in the end, would be a vote for its nominees, who, in
more to a statement of dislike and disapproval of homosexuals, appropriate cases, would eventually sit in the House of
rather than a tool to further any substantial public interest. Representatives.
Atty Guji: One of reasons there why the COMELEC refuse to divulge the
information is that the party list system is not about personalities.
The first contention there was that you cannot be a party list
because you are not even part of those enumerated under the
law. But the SC said that it’s not an excuse. As long as you have Q. What is blind voting?
the qualifications and none of the disqualifications you can be a You do not know the persons you are voting for
partylist nominee.
Q. How do you classify the nature of the list of nominees in
Q. How did the SC address the ruling of the COMELEC when it this case?
said they cannot accredit Ang Ladlad as a party list? Public
The main gument here was that Ang Ladlad was not one of those
enumerated under the law. But the COMELEC raised it only in the
SC, it was just a mere afterthought. Their first argument was Q. Is the list of nominees confidential?
based on immorality. As what the SC said there is a separation of No
the church and state.
Q. How do you fill up vacancy in the senate?
Q. Did the COMELEC raise the issue that the LGBT community Special election simultaneous with regular election
is not one of those sectors enumerated by law for the first
time on appeal?
Q. Whats the reason?
No, sa SC na
Budget
Atty: mere afterthought meaning they ran out of arguments. SC
admonished COMELEC for imposing its morality upon the
populace; you cannot legislate morality Q. Vacancy In district rep?
If occurs 1 year preceding election-no need for special elec;
Q. Insofar as the PL enumeration is concerned, is that If beyond 1 year preceding regular election-special elec,
exclusive?
No Q. Why not appointment?
Atty: even if the law says “these are the sectors” it does not end Representative - dapat elected by the people; must be represented
there bc it is not exclusive; can still be part of a PL group even if it by the will of people
is not enumerated
Q. How do you classify the information insofar as the list of Representatives, as the case may be, shall be sufficient for such
nominees is concerned? purpose. The Member of the House of Representatives thus
Confidential elected shall serve only for the unexpired term.
Q. What are matters of public concern? Q. What happens if there is a permanent vacancy in the
Senate? Regardless of the time of the vacancy, will we have a
Affects the public either directly or indirectly
special elections? When?
RA 6645 Sections 1 and 2 states
Atty: Neither jurisprudence nor law define matters of public “Section 1. In case a vacancy arises in the Senate at least eighteen
concern. Anything that sparks public curiosity is a matter of public (18) months or in the House of Representatives at least (1) year
concern before the next regular election for Members of Congress, the
Commission on Elections, upon receipt of a resolution of the
Q. Does jurisprudence ever define matters of public concern? Senate or the House of Representatives, as the case may be,
No but SC in this case compared it to another case where it said certifying to the existence of such vacancy and calling for a
that disclosure of the name of the sanitary officers was matters of special election, shall hold a special election to fill such vacancy. If
public concern so SC said how much more for those who occupy Congress is in recess, an official communication on the existence
lofty positions of a PL rep. of the vacancy and call for a special election by the President of
the Senate or by the Speaker of the House of Representatives, as
Atty: if we were to follow the argument of COMELEC it would result the case may be, shall be sufficient for such purpose. The Senator
in blind voting because essentially the people will never know who or Member of the House of Representatives thus elected shall
are the people behind that particular PL serve only for the unexpired term.
Section 2. The Commission on Elections shall fix the date of the
Q. How did the SC address this ruling? special election, which shall not be earlier than forty-five (45) days
not later than ninety (90) days from the date of such resolution or
It is based on the people’s right for information. Otherwise if the communication, stating among other things the office or offices to
COMELEC will not divulge the list of the nominees, it will result to be voted for: provided, however, that if within the said period a
blind voting. The right to information is very basic. general election is scheduled to be held, the special election shall
be held simultaneously with such general election.”
Q. What rights are violated?
Right to information, right to freedom of expression But RA 7166 Section 4 states that “Postponement, Failure of
Election and Special Elections. - The postponement, declaration
Q. A matter of public concern or public interest, is that defined of failure of election and the calling of special elections as
by law or jurisprudence? provided in Sections 5, 6 and 7 of the Omnibus Election Code
shall be decided by the Commission sitting en banc by a majority
No. vote of its members. The causes for the declaration of a failure of
election may occur before or after the casting of votes or on the
Q. Define it as a law student? day of the election.
Atty G: Anything that sparks the curiosity of the people subject to
certain limitations In case a permanent vacancy shall occur in the Senate or House of
Representatives at least one (1) year before the expiration of the
term, the Commission shall call and hold a special election to fill
VACANCY IN THE SENATE OR HOR the vacancy not earlier than sixty (60) days nor longer than ninety
In the Tolentino case, the things that you should remembered is that (90) days after the occurrence of the vacancy. However, in case of
in case there is a vacancy in the senate. The vacancy in the senate such vacancy in the Senate, the special election shall be held
can be take out in a special election but not in a separate special simultaneously with the succeeding regular election.”
election. But in a special election held simultaneously with the
regular election. Therefore, in case of vacancy in the permanent vacancy in the
Senate, regardless of when there was vacancy, the special
But in so far, as the District Reps is concerned, a separate special elections shall be held together with the next regular elections.
election can be done provided that the vacancy does not occur And this special election is not specific, only arranged.
in18 months
Q. What is the term of office for local elective officials? TERM OF OFFICE AND TERM LIMIT
3 years
TERM OF OFFICE AND TERM LIMIT
Q. What happens if there is a permanent vacancy in the Article X, Section 8, 1987 Constitution
district representatives? The term of office of elective local officials, except barangay
If there is a permanent vacancy, if the vacancy is at least 1 year officials, which shall be determined by law, shall be three years
before the next regular election for Members of Congress, the and no such official shall serve for more than three consecutive
COMELEC, upon receipt of a resolution of the House of terms. Voluntary renunciation of the office for any length
Representatives, certifying to the existence of such vacancy and
calling for a special election, shall hold a special election to fill of time shall not be considered as an interruption in the continuity of
such vacancy. If Congress is in recess, an official communication his service for the full term for which he was elected.
on the existence of the vacancy and call for a special election by
the President of the Senate or by the Speaker of the House of
Q. What is the term of office of elective local officials? Sir this case was decided in 1998 it amended the portion about the
Term of office is 3 years and shall not serve for more than 3 term of office of the barangay official were it states that it’s 5 years.
consecutive terms. (Except barangay officials – their term of office
is determined by law) Sir – Ah yes but again it was amended, I forgot the law but the
prevailing now is 3 years. I will look into that. Actually utang pud
Atty. Guji’s: nako ni Danrey.
Take note – for the same position
Q. Do you know who is the father of the Local Government
Code of 1991?
Section 43, Local Government Code of 1991
Aquilino “Nene” Pimentel, Jr.
Term of Office. –
A. The term of office of all local elective officials elected after the
effectivity of this Code shall be three (3) years, starting from Q. One of the main arguments they said was that because
noon of June 30, 1992 or such date as may be provided for by although the LGC is a subsequent law, it is a general law and
law, except that of elective barangay officials: Provided, That a general law does not supersede a general law, how did the
all local officials first elected during the local elections SC rule on that issue?
immediately following the ratification of the 1987 Constitution Provision of the LGC was a specific provision so even if LGC was a
shall serve until noon of June 30, 1992. general law, the provision will stand on its own as a specific
B. No local elective official shall serve for more than three (3) provision
consecutive terms in the same position. Voluntary renunciation Guji: Even if LGC as a whole is a general law but insofar as the
of the office for any length of time shall not be considered as term limit is concerned, it is very specific
an interruption in the continuity of service for the full term for
which the elective official concerned was elected. Q. Did not the Constitution say that the term of office of local
C. The term of office of barangay officials and members of the officials say 3 years then it says except barangay officials?
Sangguniang Kabataan shall be for three (3) years, which shall SC recognized the power of Congress to enact a law
begin after the regular election of barangay officials on the
second Monday of May 1994.
Q. Are you saying that Congress can set the term limit to 5
years?
Q. What is the term of office of barangay officials?
Yes because the Constitution says “as may be provided for by law”
Lisanie’s question:
example you put their natural- born citizen when you are not, the
Governor, Vice- Member of the Sangguniang
Governor, member fact that you lied there can be a basis of disqualification and
City or Municipal Kabataan
of the Provincial cancellation of your COC so it is pretty much impossible unless
Council
Council, Mayor, you have Frivaldo’s case with all his circumstances. In effect this
Vice-Mayor, ruling is no longer applicable because the COMELEC is now very
Member of the specific that the qualifications must be possessed on the day of the
City election.
Council of highly
urbanized cities Q. Why does Frivaldo have a problem with citizenship?
Because he left the Philippines because of the Marcos Regime. He
Mayor, Vice-Mayor Punong barangay,
was naturalized there so in short, he gave up his Filipino
of independent member of the
citizenship. When Cory came into power, he now says that he
component cities Barangay council
wants to be Filipino again
or municipalities
The problem in this case is this How to answer if confronted with such a question in the
-In citizenship, the law is silent as to when should you possess exam?
the requirement as oppose to age where the language of the law If the facts of the case falls on all four with the circumstances of
is very specific “on the day of the election”. In other words when Frivaldo, then you can answer in the same way. But make sure
you say age that you qualify that it can be a ground for disqualification.
– it is determined at the day of the election; residence – 1 year
preceding the day of the election. Thus the Supreme Court saw an What are the unique circumstances attendant in the case of
opening to justify the candidacy of Frivaldo in which they ruled that Frivaldo?
citizenship is only required upon assumption to office. 1. He was forced to give up his Filipino citizenship and
political aspiration as his means of escaping the clutches
Take note: Be very careful because Frivaldo is a Sui generis. It of Marcos’ dictatorship
takes another Frivaldo case to apply the exact ruling.
2. At the first opportunity, he returned to the Philippines and
sought to serve his people once more and the people of
Frivaldo won with 20 000 votes so the SC said here you must Sorsogon voted for him three times
respect the sovereign will and the choice of the people. And today
remember your COC can be cancelled because of material 3. His demonstrated tenacity and sheer determination to re-
misrepresentation which deals with CARL meaning you lied. For assume his nationality of birth despite several legal set-
backs speak more loudly, in spirit, in fact and in truth than
any legal technicality, of his consuming intention and 3. a resident of the barangay for not less than one (1) year
burning desire to re-embrace his native Philippines even immediately preceding the day of the elections,
now at the ripe old age of 81 years. 4. at least eighteen (18) years but not more than twenty-four
4. He was stateless as the time he filed his COC as he has (24) years of age on the day of the elections,
long given up his US nationality 5. able to read and write Filipino, English, or the local dialect,
6. must not be related within the second civil degree of
TN: No filing fee in filing for COC – otherwise it becomes a property consanguinity or affinity to any incumbent elected national
qualification. official or to any incumbent elected regional, provincial,
city, municipal, or barangay official, in the locality where he
or she seeks to be elected, and
Labo v. Comelec 7. must not have been convicted by final judgment of any
One-liner: Philippine citizenship is not a cheap commodity that can crime involving moral turpitude.
be easily recovered after its renunciation. It may be restored only
after the returning renegade makes a formal act of re-dedication to Q. Example of the 2nd degree of consanguinity rule?
the country he has abjured and he solemnly affirms once again his
total and exclusive loyalty to the Republic of the Philippines. This You cannot run for SK if your father is the barangay captain of the
may not be accomplished by election to public office. same barangay.
Same rule if grandfather.
Facts:
Labo was proclaimed mayor-elect of Baguio. A petition for quo Q. If uncle?
warranto was filed against him for being an Australian citizen by Not prohibition because 3rd degree
virtue of his marriage with an Australian. Right after he divorced,
he sought for the change of his status from immigrant to returning Q. If you want to run for SK in barangay A but your father is
former Filipino citizen. However, he categorically declared that he the Purongbarangay in barangay B
was an Australian citizen in a number of sworn statements he
voluntarily made and even sought to avoid the jurisdiction of the You can run because not in the same jurisdiction
barangay court on the ground that he was a foreigner.
Q. If you are the son of Duterte, can you run for SK?
Issue: Whether Labo’s proclamation was valid. No.
She said that the law means that you must not be 22 yrs old or serving jail time. He was imprisoned but he was able to file a
more. She is just 21 yrs old because she is not yet 22 she is only COC and serve because again it was not yet final. His
21 and ten months old. conviction for rape was appealed as such this disqualification
SC said that when you are 21 and a day old that means that you does not apply to him.
are more than 21 yrs old and now disqualified to run. You must be
exactly 21 yrs old at most to be qualified to run. Q. Now what if you are convicted?
You can still run, just wait 2 years after serving your sentence. In
Q. Can she not argue that she is still 21 and she is still not 22? short within 2 years after you serve your sentence you are
21 years old speaks of years which means 365 days. When you disqualified that period is the disqualification.
say 21, it means the 365th day.
Q. Who are the persons are disqualified from running for
Q. Are you saying that if I am 21 years old and 1 day, I am any elective local position?
more than 21? Acts that reflects to your moral character
Yes
B. Those removed from office as a result of an administrative
Q. But I’m not more than 22? case;
So you must complete the 365 day cycle and anything beyond that
you are more than 21 years old. TN: that again FINALITY is the keyword. The Aguinaldo
doctrine have been abandoned by the Supreme Court
Q. If you are 24 years old and 6 months are you more than 24
years old? Aguinaldo doctrine:
Yes, because under the rules of statutory construction a year is 365 If for example you are a mayor now and there is an
days. Not more than 24 years old means exactly 24 years old. administrative case filed against you. If you run for the
election and you are re- elected – the people have condoned
you so the administrative case is removed. THIS DOES NOT
Atty. Guji’s:
APPLY ANYMORE because of the Binay case.
Remember there is a new law for SK – RA 10742 (Qualifications
and Disqualifications).
C. Those convicted by final judgment for violating the oath of
allegiance to the Republic;
Before one important qualification but rather disqualification is that
you must not be related to an incumbent government official with
the 4th civil degree of consanguinity. (NOT ANYMORE D. Those with dual citizenship;
APPLICABLE TODAY) TN: Here that it is not the choice of the person to be a dual
citizen that’s why before it is allowed that a person of dual
citizen can run for public office as long as he does not have
How to count the civil degree? dual allegiance. But that was before.
NOTE: NOW, its 2nd degree. See RA 10742 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
DISQUALIFICATIONS
Local Government Code of 1991, Section 40 G. The insane or feeble-minded.
Q. Who are the persons are disqualified from running for any
elective local position? Q. When does a person become a dual citizen?
Disqualifications. - The following persons are disqualified from a. One parent (usu.father) is a citizen of a foreign country which
running for any elective local position: applies the principle of jus sanguinis
b. Born in a state where the principle jus solis is applied
A. Those sentenced by final judgment for an offense involving
c. Marriage with a foreigner whose law vests unto his spouse
moral turpitude or for an offense punishable by one (1) year foreign citizenship as well
or more of imprisonment, within two (2) years after serving
sentence;
Q. Why does the mere filing of a COC makes you abandon
your citizenship?
TN: Final judgment, in other words there are no other
remedies available under the law but to serve sentence It contains declarations which calls for your allegiance or to defend
because the judgement here have reached finality. the Republic of the Philippines.
This answers the question “How did Jalosjos able to serve Reference:
and be elected for 3 consecutive terms when in fact he is Comelec Resolution No. 3253 - Sec. 2
If you are dual citizen insofar as this case is concerned, can you
DUAL CITIZENSHIP run for public office? Let’s limit to Manzano. Dual citizenship,
you’re allowed. What is not allowed is that if you have dual-
1987 Constitution, Article IV, Section 5 allegiance. What’s wrong with dual-allegiance? Firstly, dual-
Dual allegiance of citizens is inimical to the national interest and citizenship arises when there are 2 concurrent laws applying.
shall be dealt with by law. However, when you have dual-allegiance, that disqualifies you
because when you run for public office, you should have complete
devotion to country. When you say dual-allegiance that’s being
Valles v. Comelec unfaithful.
One-liner: Dual citizenship as a disqualification refers to citizens
with dual allegiance. Her filing of a certificate of candidacy, where In this case, it was argued that even if Edu Manzano was a dual
she declared that she is a Filipino citizen and that she will support citizen but at that time before the Bureau of Immigration, he
and defend the Philippine Constitution and will maintain true faith admitted he is an American Citizen holding an American Passport.
and allegiance thereto, sufficed to renounce her foreign How did the SC address that? The SC said, the fact that he
citizenship, effectively removing any disqualification as a dual admitted that he is American Citizen in the BOI and that he holds
citizen. American passport, these are mere assertions of his American
nationality, not citizenship. SO prior to the complete termination of
Facts: his dual-citizenship, if you say I am American, holding American
Lopez was running for governor. She was born in Australia with passport, these are mere assertions of American nationality.
Filipino father and Australian mother. Her citizenship was
questioned and was a dual citizen since Philippines follows jus Take note that the steps by w/c you re-acquire citizenship or you
sanguinis while Australia follows jus solis. abandon your dual- citizenship, insofar as Manzano is concerned,
is no longer enough.
Held:
SC said that being born in a foreign country does not automatically Labo v. Comelec
disqualify her from running for public office. Involuntarily, she
acquired dual citizenship. One-liner: That foreign naturalization was nullified after a marriage
to a foreign national declared null and void does not automatically
restore dual citizenship.
Court said that the dual citizenship in Section 40 relates to dual
allegiance.
Dual allegiance of citizens is inimical to the national interest and shall
- In dual allegiance, you chose to acquire a foreign be dealt with by law. Labo claims that his naturalization in
citizenship while in dual citizenship, because of conflicting Australia made him at worst only a dual national and did not divest
laws among states, one becomes a citizen of those states. him of his Philippine citizenship. Such a specious argument cannot
- Under the Philippine laws, we adopt jus sanguinis principle stand against the clear provisions of CA No. 63, which
wherein we recognize individuals who have Filipino parents enumerates the modes by which Philippine citizenship may be
but was born in a different country, as a Filipino citizen. lost:
1. Naturalization in a foreign country
The mere fact that Lopez was a holder of an Australian passport 2. Express renunciation of citizenship
and had an alien certificate of registration are not acts constituting 3. Subscribing to an oath of allegiance to support the
an effective renunciation of citizenship and do not militate against Constitution or laws of a foreign country, all of which are
her claim of Filipino citizenship. For renunciation to effectively applicable to the petitioner.
result in the loss of citizenship, the same must be express.
candidate. You might be liable for perjury because the COC is Q. What is the effect of continued use after renunciation?
under oath but it does not disqualify you as a candidate because Continued use of passport vacates the renunciation.
according to the SC that misrepresentation is harmless for as long Used the passport 6 more times. Therefore, he is disqualified.
as it does not involve CARL.
One Liner: Filing of a sworn statement is not the only qualification
Roseller de Guzman v. Comelec to run for public office. We must not also do something that will
vacate our renunciation.
One-liner: One who re-acquires Philippine citizenship under RA
9225, and wish to seek public office, shall comply with the Otherwise stated, renunciation of foreign citizenship must be
additional requirement of a personal and sworn renunciation of any complete, unequivocal, irreversible and permanent.
and all foreign citizenship before any public office authorized to
administer oath. Q. Last year, previous batch, one of my exam questions was:
A candidate filed a COC but he was still holding his Liberian
Facts: passport. He comes to you. What is your advise?
A disqualification case was filed against De Guzman on the ground 90% of the students said “advise not to use the passport anymore”
that he is not a Filipino citizen but an immigrant and resident of the for it will vacate his renunciation which will disqualify him to run for
US. He admitted that he was a naturalized American, however, public office. CORRECT. Do not answer “hide the passport”
argued that he applied for dual citizenship under RA 9225 or the especially during the bar exams. There are ethical considerations.
Citizenship Retention and Re-Acquisition Act. He argues that mere This will offend legal ethics.
filing of COC constituted as a renunciation of his foreign
citizenship. Q. Another question: Office of the President and Ombudsman
has concurrent jurisdiction in disciplining public officials.
Issue: Whether De Guzman is disqualified from running. You can go either way. If you were the lawyer of the client,
where would you file the complaint?
• Do not answer: If the President is an ally of my client, I will file in
Held: the Office of the President. Correct in so far as lawyering is
Yes. He is disqualified in view of his failure to renounce his concerned but never in the bar exams. Ethical considerations.
American citizenship. It is true that he re-acquire his Philippine Just a bit of advise.
citizenship after taking the oath of allegiance. However, RA 9225
imposes an additional requirement on those who wish to seek
elective public office, that is, to make a personal and sworn Sobejana-Condon v. Comelec
renunciation of any and all foreign citizenship before any public Failure to renounce foreign citizenship in accordance with the exact
office authorized to administer oath. The mere filing of a COC tenor of Section 5 (2) of RA 9225 renders a dual citizen ineligible
does not ipso facto amount to renunciation of his foreign to run for and thus hold any elective public office.
citizenship.
There’s a need to renounce all other citizenship at the time of filling
of COC.
Gist:
A Filipino citizen naturalized in the U.S. One-liner: The personal and sworn renunciation of any and all
Repatriated through RA 9225 foreign citizenship before any public office authorized to
SC held that taking of an oath of allegiance is not enough to be administer oath is an additional qualification for elective office
able to run for public office. One must execute a personalized specific only to Filipino citizens who re-acquire their citizenship
sworn statement under oath renouncing any and all foreign under Section 3 of R.A. No. 9225. Failure to renounce foreign
citizenship before an officer (eg. Notary public) who is authorized citizenship in accordance with the exact tenor of Section 5 (2) of
to take oath. RA 9225 renders a dual citizen ineligible to run for and thus hold
any elective public office.
Q. The law says personal and sworn renunciation of any and
all other citizenship before any public officer or authorized to Gist:
administer oath. Who is that public officer? Natural-born Filipino then naturalized in Australia
Notary public. Executed an oath of allegiance to regain back Filipino citizenship
but executed an unsworn statement of renunciation in Canberra
Q. When is personal renunciation of any and all other (which was considered to be enough under Australian law to
citizenship required? renounce his Australian citizenship) but was not considered by SC
(should be a personalized sworn statement).
If you will run for public office.
for these dual citizens, thereby effectively junking the prohibition in congressman twice! Even Arroyo. She is still a congresswoman
Section 40 (d) of the Local Government Code. even if placed on house/hospital arrest.
• But in case he already flew before summons were served, this
Gist: does not apply. Court has no jurisdiction over his person yet.
Reacquired Filipino citizenship but thereafter used his Green Card
and foreign passport. Rodriguez v. Comelec
SC ruled that although the acts were not provided for under the law One-liner: Intent to evade on the part of a candidate must be
as grounds for disqualification it signifies continuing allegiance to established by proof that there has already been a conviction or at
that foreign country. It recants the oath of allegiance he executed. least, a charge has already been filed, at the time of flight. Not
It devalues the act of taking an oath reducing it to a mere being a "fugitive from justice" under this definition, Rodriguez
formality. cannot be denied the Quezon Province gubernatorial post.
According to Atty, he renounced his renunciation. Still a Filipino but
disqualified to run for public office.
Facts:
Rodriguez sought a reconsideration for the above ruling.
FUGITIVES OF JUSTICE
Marquez v. Comelec Held:
One-liner: Fugitive from justice includes not only those who flee "Fugitive from justice" includes not only those who flee after
after conviction to avoid punishment but likewise those who, after conviction to avoid punishment but likewise those who, after being
being charged, flee to avoid prosecution. This definition truly finds charged flee to avoid prosecution. The definition thus indicates that
support from jurisprudence and it may be so conceded as the intent to evade is the compelling factor that animates one's
expressing the general and ordinary connotation of the term. flight from a particular jurisdiction. And obviously, there can only
be an intent to evade prosecution or punishment when there is
knowledge by the fleeing subject of an already instituted
Facts: indictment, or of a promulgated judgment of conviction.
Marquez filed a petition for quo warranto against the winning
candidate, respondent Rodriguez, for being a fugitive from Rodriguez' case just cannot fit in this concept. His arrival in the
respondent. Allegedly, at the time respondent filed his COC, a Philippines from US preceded the filing of the felony complaint in
criminal charge against him for 10 counts of insurance fraud or the Los Angeles Court and of the issuance on even date of the
grand theft of personal property was still pending before the court arrest warrant, by almost 5 months. It was clearly impossible for
of Los Angeles. A warrant for his arrest was issued but has yet to Rodriguez to have known about such felony complaint and arrest
be served on account of his alleged flight from that country. warrant at the time he left the US, as there was in fact no
complaint and arrest warrant much less conviction to speak of yet
Issue: Whether Rodriguez, who at the time of the filing of his COC, at such time. What prosecution or punishment then was
is said to be facing a criminal charge before a foreign court and Rodriguez deliberately running away from?
evading a warrant for his arrest comes within the term "fugitive
from justice”.
PERMANENT RESIDENTS IN FOREIGN COUNTRY
Held: Caasi v. CA
"Fugitive from justice" includes not only those who flee after One-liner: Application for immigrant status and permanent
conviction to avoid punishment but likewise those who, after being residence in the U.S. and possession of a green card attesting to
charged flee to avoid prosecution. However, whether or not such status are conclusive proof of being a permanent resident of
Rodriguez is a "fugitive from justice” under the definition thus the US.
given was not passed upon by the Court.
Held:
Gist: To be qualified to run for elective office in the Philippines, the law
Petitioner filed a petition for quo warranto against the winning requires that the candidate who is a green card holder must have
candidate (respondent Rodriguez) for being a fugitive from justice. waived his status as a permanent resident or immigrant of a
He has been charged with 10 counts of insurance fraud or grand foreign country. Therefore, his act of filing a certificate of candidacy
theft of personal property pending in the court of Los Angeles. A for elective office in the Philippines, did not of itself constitute a
warrant was issued for his arrest but has not yet been served on waiver of his status as a permanent resident or immigrant of the
account of alleged flight to the country. United States. The waiver of his green card should be manifested
by some act or acts independent of and done prior to filing his
Q: It was raised as a defense that what was contemplated candidacy for elective office in this country. Without such prior
under the law is that there should be a final judgment first waiver, he was disqualified to run for any elective office.
before he can be removed from public office. Was Rodriguez
correct? What is the proper interpreation of the “phrase Atty. Guji:
fugitive from justice”? Because the fact that you are a green card holder says that either
No. In this case the phrase “fugitive from justice” was to be you are a permanent resident or immigrant outside the country
understood not only as to include those who flee after conviction and being such you actually abandoned not only your residence
to avoid punishment but likewise to those who after being charged but also domicile in the country in which case you suffer the
flee to avoid prosecution. disqualification of residence under CARRL.
Atty added: It could be considered as a ground for disqualification The phrase “without mental reservation or purpose of evasion” is
since it reflects a propensity on the part of the person to stay away exactly illustrated in this case.
from justice.
• These 2 cases were consolidated because they have the same
• Respondent had 10 counts of insurance fraud or grand theft of objective, the disqualification of private respondent Miguel for
personal property cases still pending before the Municipal Court the position of mayor of Bolinao on the ground that he is a green
of LA, California. He did not receive summons because he flew card holder, hence, a permanent resident of USA, not of
to the Philippines and then ran for governor against Marquez. Bolinao.
Marquez filed a disqualification case against Rodriguez being a • Miguel admitted that he holds a green card issued to him by the
fugitive from justice. US Immigration Service, but he denied that he is a permanent
• Case remanded back from SC to COMELEC. resident of USA. He allegedly obtained the green card for
• COMELEC had an incorrect definition of fugitive from justice. convenience in order that he may freely enter the US for his
• This guy did not have finality of judgment. But there are cases periodic medical examination and to visit his children there.
filed against him, pending. No final judgment of conviction yet. • He is implying that he has no intention of remaining there. It is
• Fugitive from justice is one who not only escapes to avoid only for his medical condition and to visit his children.
punishment after judgment with finality but also who flees to • But he actually holds a green card. What is the effect of holding a
avoid prosecution or being charged or prosecuted. green card? He has allegiance to that country. Yes and in
• So even if you only have a pending case, when you flee from it, relation to residency? He is a permanent resident of that country
you are a fugitive from justice. and has abandoned his residence/domicile in our country.
The COMELEC has the power to screen candidates and disqualify Issue: Whether Comelec was right in denying the petition.
them if deemed unfit just imagine the nuisance candidate that
could possibly file COC. So if the Comelec disqualify you they are Ruling.
saying you don’t have a chance. We are not saying here that just
because you are poor you are a nuisance candidate because you Yes. The right of suffrage, although accorded a prime niche in the
cannot man a nationwide campaign nor funds and resources (well hierarchy of rights embodied in the fundamental law, ought to be
probably the Comelec is saying that reality check). But not all are exercised within the proper bounds and framework of the
disqualified remember the candidate JC who run alongside PNoy, Constitution and must properly yield to pertinent laws skilfully
Villar, Gibo. The candidate was virtually unknown nor their party enacted by the Legislature.
but the Comelec allowed them because they are serious and they
have a very sensible platform of government in so far as the The Comelec was well within its right to do so pursuant to the clear
environment is concerned. provisions of RA 8189 which provides that no voter’s registration
shall be conducted within 120 days before the regular election.
The right of suffrage is not absolute. It is regulated by measures
VACANCY IN ELECTIVE LOCAL OFFICES like voters registration which is not a mere statutory requirement.
The State, in the exercise of its inherent police power, may then
HOW VACANCY IS FILLED enact laws to safeguard and regulate the act of voter’s registration
Q. How is the vacancy caused by a Sangguniang member not for the ultimate purpose of conducting honest, orderly and
belonging to any political party, filled? peaceful election. The law aids the vigilant and not those who
slumber on their rights.
The Local Chief Executive shall appoint a qualified person to fill the
vacancy, upon the recommendation of the sanggunian concerned.
In this case, it is during the impeachment of Erap. The youth
because of that incident had a renewed passion for the government
1. Appointment = vacancy in councilors; co-equals according to them. But they did not tell the SC that they files late.
2. Succession = applies to highest ranking officials (Gov, V-Gov, Their first premise was that the COMELEC has residual powers to
Mayor, V-mayor) fix other periods and dates to ensure accomplishment of the
• Local chief executive appoints officials, does not apply to all activities. Second premise registration is a pre-election activity.
• But if governor dies, it is by succession. Succeeded by vice- Why can’t the COMELEC extend that? That’s what they are
governor saying. But the SC said although it is true that they have residual
powers and it is true that registration is a pre- election activity, it
• Mayor dies, Vice-mayor becomes mayor. should be premised on reasonable performance because contrary
• Vice-mayor dies, first councilor succeeds Vice-mayor (highest to popular belief, your application for registration remains an
ranking councilor) application if not approved by the ERT.
• So there is vacancy in the office of the councilor = fill out with
appointment
The ERAP impeachment sparked interest among the youth aged
• 2nd councilor cannot succeed = co-equal with other councilors; 18-21 but they were not able to beat the deadline in voter’s
same rank registration schedule so they filed a petition asking the SC to
• No succession among councilors. No succession among co- extend the voter’s registration and by doing so they invoked that
equals. Succession presupposes a lower position assuming a power of COMELEC which gives the COMELEC the power to
higher position. adjust pre-election activities. They said “pre-election activities”
• Appoint a councilor who is not an incumbent. He is there already. include voter’s registration.
Appoint an outsider.
• Does it matter if one who vacated as first councilor belongs to Voter’s registration may be done everyday except on the prohibited
one political party? YES. As long as it is in the vacancy in period 120 days before the election and 90 days before special
councilorial position. So, if you belong to a political party and election. There is even registration on a holiday, Saturdays and
you vacate that position, you must be replaced by somebody Sundays so there is absolutely no reason for you not to register
from the same political party. REASON: for continuity except procrastination.
• If the first councilor is an independent candidate, you may
appoint anyone qualified. Problem was petitioners filed their petition within the 120-day
prohibited period and the period they asked for also fell within the
120-day period prior to elections
DATE OF ELECTIONS
SC: Cannot extend registration. Aside from the fact that voter’s
DATE OF ELECTIONS registration is not the only thing that the COMELEC does. After
registration, it also finalizes its projects on precincts, meaning
1. National, District, Local elective officials – Second Monday when we finalize the number of voters in a polling place; when we
of May 1992 and every three (3) years thereafter. cluster/merge precincts. Basically, a polling place consists only of
a maximum of 200 voters. But on election day, a polling place may
2. Regional elective local officials – Second Monday of May consist of 1000 voters because of clustering. This is to save cost
2013 and every three (3) years thereafter. because we are using PCOS machine. Instead of using 5 PCOS
machines for 5 polling places, we only use 1 because of clustering
precincts. We also finalize voter’s lists and appoint board of
In other words we synchronized the ARMM with the local and election inspectors. Voter’s registration is not limited to filing of
national elections. form; it goes through a process. COMELEC works all year round.
Do not ask COMELEC to do the impossible and petitioners should
3. Barangay and SK officials – Last Monday of October 2007 be blamed for not beating the deadline. Even if COMELEC may
and every three (3) years thereafter. adjust pre-election activities, it must be done under reasonable
conditions.
It used to be the 4th Monday of October but it was reset to 4th
Monday of 2017 but after that its no longer the the 4th Monday but
second Monday of 2020 and every three years thereafter. NATURE OF BARANGAY ELECTIONS
Omnibus Election Code, Section 38
Conduct of elections. - The barangay election shall be non-partisan
ADJUSTMENT OF PRE-ELECTION REQUIREMENTS and shall be conducted in an expeditious and inexpensive
manner.
ADJUSTMENT OF PRE-ELECTION REQUIREMENTS
RA 6646, Section 29 Q. What is the nature of the barangay elections?
Designation of Other Dates for Certain Pre-elections Acts. - If it It is non-partisan and must be conducted in an expeditious and
should no longer be reasonably possible to observe the periods inexpensive manner. Not supporting, belonging to or biased in
and dates prescribed by law for certain pre-election acts, the favor of any political party.
Commission shall fix other periods and dates in order to ensure
accomplishment of the activities so voters shall not be deprived of
their right of suffrage. Q. What are the specific acts of partisanship?
1. Filing of COC representing or allowing to be represented
as a candidate of any political party or any other
Akbayan v. Comelec organization.
One-Liner: The right of suffrage is not at all absolute. It is subject 2. No party, organization intervenes in the nomination or in
to existing substantive and procedural requirements embodied in the filing of COC
the Constitution and statute books. The act of registration is an 3. Party or organization giving support, directly or indirectly,
indispensable precondition to the right of suffrage, for it is part and material or otherwise favorable to or against a candidate.
parcel of the right to vote and an indispensable element in the
election process.
Exceptions:
A. Relatives within the fourth civil degree of consanguinity or
Facts: affinity
The AKBAYAN-Youth sought the extension of registration of voters B. Campaign staff – not more than 1 in every 100 registered
for the May 2001 election since about 4 million youth were not voters
able to register and are now disenfranchised. The Comelec denied
such petition.
Caveat: It should not be in any manner construed to impair the interested parties are afforded equal opportunity to be heard, shall
freedom of individuals to support or oppose any candidate for any postpone the election therein to a date which should be
barangay office. reasonably close to the date of the election not held, suspended
or which resulted in a failure to elect but not later than thirty days
after the cessation of the cause for such postponement or
Q. What is the purpose of the nonpartisan character? suspension of the election or failure to elect.
Barangay is the basic unit or the base of the pyramid of both social
and political structure. It should be insulated from divisive and
debilitating partisan politics. Q. What are the grounds for postponement of election?
1. Violence
Q. What do you mean by non partisan? 2. Terrorism
No parties right? 3. Loss or destruction of election paraphernalia or records
Especially during automated elections. I said earlier that
As long there is no concrete evidence that a political party is that ballots are polling place specific. What if all the ballots
intervening. Pwede lang na ang informal grouping (eg. Team for a certain place was lost? There cannot be an election
Performance etc.) there. Election paraphernalia was lost. That’s the problem
with automated elections.
Q. What are the functions of barangay officials? 4. Force majeure
1. Have legislative and consultative powers 5. Other analogous causes of such a nature that the holding
2. Act as agents of neutral community action such as of a free, orderly and honest election should become
distribution of basic services impossible in any political subdivisions.
3. Instruments in conducting plebiscites and referenda.
Q. Who has the jurisdiction to postpone an election?
4. Settle local disputes
Only the COMELEC EN BANC not its division. It is administrative in
nature.
Occena v. Comelec
Facts: Q. What is the process of postponement of election?
The constitutionality of an old law which had virtually the same 1. Motu proprio by the Comelec or upon a verified petition by
provision on the non-partisan character of barangay elections was any interested party
challenged for being violative of the constitutional guarantees on 2. Due notice and hearing where all parties are afforded
the right to form associations and societies for purposes not equal opportunity to be heard
contrary to law.
COMMENTS: COMMENTS:
• Non-partisan = prohibits the participation or intervention of • GROUNDS: must be serious
political party and any organization for that matter. What is • Loss or destruction of election paraphernalia or records (e.g.
prohibited is the concerted group effort to promote candicacy. official ballots, election returns,
Everybody in barangay election is an individual party. voter’s list). But COMELEC may improvise e.g. when ballots are
Collaboration such as Team Unity / Team Performance is delayed, we can borrow ballots from other barangays.
already a circumvention of the prohibition. COMELEC is empowered to make snap judgments on election
• Reason for non-partisan character: barangay officials are the first day
line of defense, serves as grassroots. They do not only legislate; • Force majeure = e.g. earthquake last October 2013. Voting
also consultative. They even settle disputes. They must be Centers (public schools) suffered damage so barangay election
shielded from the conflicts. was postponed.
Q. Can the mayor, in his personal capacity, endorse the Montesclaros v. Comelec
candicacy of a particular punong brgy?
The Comelec cannot postpone, it merely recommends, as when it
You can argue both ways – either on personal capacity or the is operationally very difficult to simultaneously hold the barangay
circumvention. However, in the Omnibus Election Code Sec 38, it and SK elections, legislative action to amend the law resetting the
says, “Nothing in this section, however, shall be construed as in election is required.
any manner affecting or constituting an impairment of the freedom
of individuals to support or oppose any candidate for any
barangay office.”
POSTPONEMENT OF ELECTION, JURISDICTION
In case of doubt, you rule in favor of the preferred freedom of Q. Who shall postpone elections?
expression. It was also argued here that non-partisan character • Commission en banc
violates right to form association. • By majority vote of its members
• Motu proprio
But SC said, this does not take away the right to associate, it only • Upon verified petition by any interested party
limits, prohibiting the concerted group effort to promote candidacy. • After due notice and hearing
• All interested parties are afforded equal opportunity to be heard.
(Section 4, R.A. 7166, cited in Benito v Comelec)
POSTPONEMENT OF ELECTION
GROUNDS FOR POSTPONEMENT OF ELECTION Q. What if the ground is not one of those enumerated?
Omnibus Election Code, Sec 5 The Commission cannot postpone, it merely recommends, as when
it is operationally very difficult to simultaneously hold the barangay
Postponement of election. - When for any serious cause such as and SK elections, legislative action to amend the law resetting the
violence, terrorism, loss or destruction of election paraphernalia or election is required. (Montesclaros v Comelec)
records, force majeure, and other analogous causes of such a
nature that the holding of a free, orderly and honest election
should become impossible in any political subdivision, the Benito v. Comelec
Commission, motu proprio or upon a verified petition by any
interested party, and after due notice and hearing, whereby all The Commission sitting en banc by a majority vote of its members,
motu proprio or upon verified petition by any interested party, after
due notice and hearing where all the interested parties are Hassan v. Comelec
afforded equal opportunity to be heard. But it should not be unreasonably too close for all voters to be
notified of the changes. For even in highly urbanized areas,
Q. Can the election officer postpone elections? dissemination poses a problem. In the absence of proof of actual
Bashier v. Comelec notice to the special elections reached a great number of voters,
the special election is invalid. One day notice is insufficient. E
The election officer, on the basis of threats of violence and VERY VOTER MUST BE NOTIFIED OF THE DATE AND
bloodshed, cannot by herself declare a failure of election and reset VENUE OF ELECTIONS.
it even with the agreement of the candidates.
Less than a day’s notice of time and transfer of polling places 15
COMMENTS: kilometres away deprive the voters of opportunity to participate in
BASHIER V COMELEC = there was violence; safety of everybody the elections. Even if voting occurred. Where the difference is only
was threatened. 219 votes and only 328 out of 1,546 registered voters were able to
Candidates said that they will not complain if elections will be reset. vote, there is failure of elections.
And the COMELEC officer postponed the election.
• SC: cannot postpone, no jurisdiction. Jurisdiction pertained only to Take note: It is always a case-to-case basis. The most important
the commission en banc Common in ARMM elections requisite is that there is actual notice to the voters.
DATE OF POSTPONEMENT That is why as long there is sufficient evidence that will support the
jurisdiction of the COMELEC. It still belongs to the COMELEC.
Q. When is election postponed? The attitude of the SC is that do not disturb the COMELEC, they
To a date reasonably close to the date of election not held, know what they are doing. Unless there is grave abuse of
suspended or failed, but not later than 30 days after cessation of discretion amount to lack or excess of jurisdiction. Remember that
the cause. whatever the decision of the COMELEC, you cannot appeal it to
the SC. The remedy is certiorari based on grave abuse of discretion
amount to lack or excess of jurisdiction.
Bashier v. Comelec
But it should not be too close as to preclude notice to the
electorate. The announcement made minutes before the FAILURE OF ELECTION
supposed voting is not a notice at all to the electorate who should Omnibus Election Code
be given ample notice of the exact schedule and venue of the Sec. 6. Failure of election. - If, on account of force majeure,
election. violence, terrorism, fraud, or other analogous causes the election
in any polling place has not been held on the date fixed, or had been
There has to be prior notice. One day is time too short. They must suspended before the hour fixed by law for the closing of the
be given notice in advance in order for them to prepare. Again voting, or after the voting and during the preparation and the
sufficient notice. transmission of the election returns or in the custody or canvass
thereof, such election results in a failure to elect, and in any of
such cases the failure or suspension of election would affect the
Hassan v. Comelec result of the election, the Commission shall, on the basis of a
A one day notice is too short. The time for holding it must be verified petition by any interested party and after due notice and
authoritatively designated in advance. hearing, call for the holding or continuation of the election not held,
suspended or which resulted in a failure to elect on a date
reasonably close to the date of the election not held, suspended
Q. What is the form of notice? Can it be in Social Media? or which resulted in a failure to elect but not later than thirty days
Unfortunately not, it has not been sanctioned by law. When we say after the cessation of the cause of such postponement or
notice, we mean by resolution of the COMELEC. suspension of the election or failure to elect.
First premise is that the jurisdiction to postpone belongs to In case a permanent vacancy shall occur in the Senate or House of
COMELEC but after 30 days it belongs to the jurisdiction of the Representatives at least one (1) year before the expiration of the
Congress. term, the Commission shall call and hold a special election to fill
the vacancy not earlier than sixty (60) days nor longer than ninety
Q. Who determines “reasonably close”? (90) days after the occurrence of the vacancy. However, in case of
such vacancy in the Senate, the special election shall be held
Still the COMELEC. simultaneously with the succeeding regular election.
TN: It always depends on the peculiarity of the circumstances. The Q. What are the grounds for declaration of failure of election?
Comelec is given enough leeway to determine which date is ideal
for the special elections 1. Force majeure
2. Violence
This is not only a question of fact but also according to the 3. Terrorism
prevailing circumstances, the peculiarity of circumstances. If these 4. Fraud
2 criteria warrant or call for the COMELEC to find facts, it must not
be disturbed by the SC. The conditions are in the best position to 5. Other analogous causes the election in any polling place
determine the facts. If fact-finding, almost always the SC respects was not held:
it, unless there is grave abuse of discretion, or if it is arbitrary or • On the date fixed
not supported by substantial evidence.
• Suspended before the hour fixed by law for close
voting
Pangandaman v. Comelec • After voting and during the preparation and
The holding of elections within the next few months from the transmission of election returns or in their custody of
cessation of the cause may still be considered reasonably close to canvass, such election results in a failure to elect
the date of election not held. and it affects election results (e.g. ballot switching)
30 day period is not mandatory. It may lapse. How long? It depends Comments:
on the circumstances. Here, even if it is already few months, SC
considered it reasonable close to the date of election. • Election starts at 7AM.
• For manual elections, it ends at 3PM.
• If prior to 3PM, it was suspended already, it gives rise to a ground
Lucero v. Comelec for failure of elections.
The period of 2 years after the failure of election is still reasonable • For automated elections, we extended the voting hours until
close to the election not held if the delay is not attributable to the 5PM. In 2013, extended further to 7PM to accommodate
registered voters but to the legal maneuvers of the parties. everybody (thousand voters in a polling place).
If it is not the fault of the voters, much less the COMELEC, Q. Can fraud be a ground for postponement of election?
considered 2 years as reasonably close especially if the delay is No. It cannot because it is merely speculative and premature
caused by the maneuvers of the lawyers of the parties. because there was no election yet.
Q. What are the 3 instances where a failure of election may be Batabor v Comelec
declared? Facts:
1. Election in any polling place was not held on the fixed date
on account of force majeure, terrorism, fraud, violence and A Punong barangay lost by 29 votes. He alleged 100 of his relatives
other analogous cases. and supporters were not able to vote because the BEI in 3 polling
places discontinued the voting. It was found out however than out
2. Election in any polling place had been suspended before of 316 voters, 220 actually voted.
the close of voting on account of force majeure, terrorism,
fraud, violence and other analogous cases
3. After voting and during preparation and transmission of Held:
election returns or inter custody of canvass, such election There is no failure of election. If indeed voters were prevented from
results in failure to elect on the same grounds. voting, the remedy is election protests.
Somehow it does not apply to automated elections. But there are Mitmug v. Comelec
instances that it can still apply, like for example you are in a
mountain barangay, the signal is not that strong. What they Facts:
(teachers) do is they bring the memory card to the canvassing Voter turnout for the election was very low. Only 2,330 out of
area. What if along the way, somebody else takes it? That’s why it 9,830 registered voters therein cast their votes. Upon Other
can still apply. candidates filed separate petition for the declaration of failure of
election in some or all precincts.
Q. Sir, how about during election and there still people lining
up but its already 5pm. Are they still allowed to vote? Held:
If the deadliest deadline is 5pm. If for example, if there are areas Even if less than 25% of the electorate in the questioned polling
where people are still queuing within 30 meters towards the polling places cast their votes, it must still be respected. Low turnout does
place. What we do is we ask their names, jot them down tell them not result in failure of elections. It only means no interest on the part
to wait for their turn to votes. Our goal is not to disenfranchise the of the people to vote.
people.
The law does not require majority of voters cast their votes, mere
plurality of votes is enough for a candidate to be proclaimed a
Canicosa v Comelec, 282 SCRA 512 winner
Facts:
A mayor was proclaimed winner after obtaining a majority of 24,
000 votes. But the second placer petitioned to declare failure of Canicosa v. Comelec
election due to fraud, violence, intimidation, threat, vote-buying Facts:
and delay in the delivery of election documents and paraphernalia. A candidate for the position of Mayor filed with the COMELEC a
He alleges that: Petition to Declare Failure of Election and to Declare Null and Void
• Missing names of registered voters the Canvass and Proclamation because of alleged widespread
• More than half of the registered voters failed to vote frauds and anomalies. He avers that more than 1/2 of the
because others voted for them legitimate registered voters were not able to vole, instead,
strangers voted in their behalf.
• He was credited with less votes than he actually obtained
• Control data of election returns were not filled out in
some polling Held:
The grounds cited do not warrant a declaration of failure of
Held: election. There are only three (3) instances where a failure of
election may be declared, namely:
These grounds do not warrant failure of election as none of them a) the election in any polling place has not been held on the date
fall under the 3 instances where failure of election may be fixed on account of force majeure, violence, terrorism,
declared. fraud, or other analogous causes;
• Missing names in voter’s list – Remedy is inclusion or b) the election in any polling place had been suspended before
exclusion or annulment of book of voters PRIOR TO the hour fixed by law for the closing of the voting on
ELECTIONS. account of force majeure, violence, terrorism, fraud, or
other analogous causes; or
It happens when you fail to vote for two consecutive c) after the voting and during the preparation and transmission
elections, your votes will be deactivated. The of the election returns or in the custody or canvass thereof,
COMELEC informs you of the deactivation of your votes such election results in a failure to elect on account of
only after the deactivation not before as what the law force majeure, violence, terrorism, fraud, or other
says. analogous causes.
For purpose of counting, Barangay elections is Late election returns is not a ground for failure of election. That the
considered regular except SK. election returns were delivered late and the ballot boxes brought to
the office of the Municipal Treasurer unsecured,
TN: Since a copy of the complete list of voters is i.e., without padlocks nor self-locking metal seals cannot impel us
published in the Comelec website and posted in the to declare failure of election. The late deliveries did not convert the
bulletin of the Comelec. election held in Calamba into a mockery or farce to make us
conclude that there was indeed a failure of election.
place as scheduled and other valid election returns still existed. Loong v. Comelec
Moreover, the incident did not affect the result of the election. Facts:
Automated elections systems was used for the regular elections
For as long as there is voting, regardless of number, there is no held in the ARMM which includes the Province of Sulu. Some
failure of election. It only fails if the sovereign will has been muted election inspectors and watchers informed the head of the
and cannot be ascertained. If the will of the people is COMELEC Task Force of discrepancies between the election
determinable, it must be respected. returns and the votes cast for the mayoralty candidates. To avoid
a situation where proceeding with automation will result in an
erroneous count, the head suspended the automated counting of
DECLARATION OF FAILURE OF ELECTION, JURISDICTION ballots and immediately communicated the problem to the
Q. Can you go to the SC? technical experts of COMELEC and the suppliers of the
No. Premature. It is within the jurisdiction of the commission en automated machine. After the consultations, the experts told him
banc that they found nothing wrong with the automated machines. The
error was in the printing of the local ballots, as a consequence of
which, the automated machines failed to read them correctly.
Q. Who declares failure of election?
• Comelec en banc = ADMINISTRATIVE FUNCTION The head called for an emergency meeting of the local candidates
• The RTC, on account that a victory was attended by significant and the military-police officials overseeing the Sulu elections,
badges of fraud, cannot declare failure of election in guise of including the respondent winning candidate and petitioner losing
voiding the proclamation of the winner despite obtaining 25, 000 candidate for governor. COMELEC issued Minute Resolution
majority votes during canvass, 27, 000 votes by physical count ordering a manual count but only in the said municipality. After a
and 17, 000 votes by revision. (Carlos v Angeles) manual count, respondent was proclaimed governor-elect.
COMMENTS: Canvass is when we consolidate results from all Two of the losing candidates questioned the resolutions of the
polling places. If there is protest, there will be physical count, COMELEC ordering a manual count of the votes.
looking into who is voted for without first determining whether that
votes counts. Revision is equivalent to the RTC’s ballot
appreciation. Appreciation is determining whether the particular Held:
vote can be counted for the candidate. Manual elections have Losing candidates were given every opportunity to oppose the
nuisances. manual count. They were orally heard and submitted written
position papers and their representatives escorted the transfer of
ballots to Manila and watched the manual count from the
E.g. RONULO. Then, you might vote for ROMULO. Wrong spelling. beginning to the end.
But, there is a principle in ballot appreciation “sounds alike are
counted”. After revision, he is still the winner. But RTC said his
victory was attended by badges of fraud e.g. unsecured ballot COMELEC is given the broad power to "enforce and administer all
boxes and BROWN OUT. Suddenly, results were changed. laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum and recall". This provision gives
COMELEC all the necessary powers for it to achieve the objective
SC said RTC cannot nullify votes on the ground of significant of holding free, orderly, honest, peaceful and credible elections.
badges of fraud because you are actually circumventing the Embraced therein is the power to order a manual count where
jurisdiction of the COMELEC en banc. RTC judge cannot declare automated counting fails. Furthermore,
failure of election in the guise of voiding proclamation.
1. No. 8436 did not prohibit the manual counting when machine
count does not work.
The election officer, on account of threats of violence and
bloodshed, cannot by herself validly suspend of or postpone
elections even with the agreement of the candidates. (Bashier v Carlos v. Angeles
Comelec) Facts:
The Municipal Board of Canvassers, proclaimed petitioner Carlos
Benito v. Comelec as the duly elected mayor of Valenzuela having obtained 102,688
votes, the highest number of votes, over that of respondent
Facts: Serapio who obtained 77,270 votes.
Rival Mayoralty candidate won by 48 votes. Losing candidate then
filed a petition to declare failure of election in precincts 3 precincts:
15A, 6A/6A1 and 17A. Respondent filed with the RTC an election protest challenging the
election results. RTC rendered its decision and set aside the final
tally of valid votes because of its finding of "significant badges of
Allegedly, five election precincts were clustered namely, precincts fraud”.
15A, 6A/6A1, 17A, 2A/2A1 and 13A. On election day, voting was
disrupted before noon by armed men. The voting resumed an hour
after the firing occurred. Despite the plurality of valid votes in favor of protestee Carlos, the
trial court set aside his proclamation and declared protestant
Serapio as duly elected mayor of Valenzuela City.
Notwithstanding the turn of events, the ballot boxes for the 5
precincts were taken together with those from the 19 other precincts
for counting. The votes from precincts 15A, 6A/6A1 and 17A were Held:
excluded upon objection by losing candidate's counsel who, it is In a petition to annul an election under Section 6, Batas Pambansa
claimed, arrived only after the ballots from the other 19precincts Blg. 881, two conditions must be averred in order to support a
had already been tabulated. suffic ient cause of action:
1. the illegality must affect more than 50% of the votes cast
Considering that rival candidate would still lead petitioner by 7 and
votes even if all 41 votes from the 3 excluded precincts were 2. the good votes can be distinguished from the bad ones.
counted in the latter's favor, his rival candidate was proclaimed
mayor. It is only when these two conditions are established that the
annulment of the election can be justified because the remaining
Losing candidate filed a petition to declare failure of election and to votes do not constitute a valid constituency.
call a special elections in precincts 15A, 6A/6A1 and 17A.
Assuming that the trial court was correct in holding that the final tally
Held: of valid votes as per revision report may be set aside because of
It is odd that Benito singled out only 3 precincts when there were 2 the "significant badges of fraud," the same would be tantamount to
other precincts in the same school threatened by armed men. There a ruling that there were no valid votes cast at all for the
was no objection raised to the count of votes in the said two candidates, and, thus, no winner could be declared in the election
precincts during the counting of votes at the counting center. So protest case. In short, there was failure of election. In such case,
why a selective objection to the 3 precincts herein? the proper remedy is an action before the Commission on
Elections en banc to declare a failure of election or to annul the
election. However, the case below was an election protest case
Further, there cannot be a failure of election in a political unit if the involving an elective municipal position which, under Section 251
will of the majority has not been defiled and can be ascertained, of the Election Code, falls within the exclusive original jurisdiction of
as in the case at bar. All the law requires is that a winning the appropriate RTC.
candidate must be elected by a plurality of valid votes, regardless
of the actual number of ballots cast. Thus, even if only 1 out of
177 voted in a polling place, there is still no failure of election Nonetheless, the annulment of an election on the ground of fraud,
provided there is notice. irregularities and violations of election laws may be raised as an
incident to an election contest. Such grounds for annulment of an
election may be invoked in an election protest case. However, an
Note: As long there is notice, no turn-out in a precinct does not election must not be nullified and the voters disenfranchised
mean a failure of elections. For all you know, all others had no whenever it is possible to determine a winner on the basis of valid
interest to cast their votes. The power to nullify elections must be votes cast, and discard the illegally cast ballots. In this case, the
exercised with greatest care so not to disenfranchise the electorate. petitioner admittedly received 17,007 valid votes more than the
In short, the power to declare failure of election must be the last protestee, and therefore the nullification of the election would not
remedy. lie. The power to nullify an election must be exercised with the
greatest care with a view not to disenfranchise the voters, and only
under circumstances that clearly call for such drastic remedial But if your intention is to nullify the elections, that cannot be done
measure. because you will usurp the power of COMELEC to declare failure
of election. (Take note that these cases are still under manual
election)
Ruiz v. Comelec
The power to nullify an election must be exercised with the greatest
care so as not to disenfranchise voters. Bashier v. Comelec
The election officer, on account of threats of violence and
bloodshed, cannot by herself validly suspend or postpone
In other words if you are to declare failure of elections that should elections even with the agreement of the candidates.
must be the last remedy.
Held: Failure of election necessarily affects all elective positions in B. Senators – simultaneous with the succeeding regular
the place where elections failed. To hold otherwise is election.
discriminatory and violates equal protection clause.
SPECIAL ELECTION
FAILURE OF ELECTION, JURISDICTION
Omnibus Election Code, Article VI SPECIAL ELECTION
Sec. 45. Postponement or failure of election. - When for any 1987 Constitution, Article VI, Section 9
serious cause such as violence, terrorism, loss or destruction of In case of vacancy in the Senate or in the House of
election paraphernalia or records, force majeure, and other Representatives, a special election may be called to fill such
analogous causes of such nature that the holding of a free, orderly vacancy in the manner prescribed by law, but the Senator or
and honest election should become impossible in any barangay, Member of the House of Representatives thus elected shall serve
the Commission, upon a verified petition of an interested party and only for the unexpired term.
after due notice and hearing at which the interested parties are
given equal opportunity to be heard, shall postpone the election
therein for such time as it may deem necessary. What we’re saying is that if the President dies, the VP succeeds, in
other words no special elections. If the VP dies, the senate
nominates and congress affirms. Generally, we all know the
If, on account of force majeure, violence, terrorism, fraud or other process.
analogous causes, the election in any barangay has not been held
on the date herein fixed or has been suspended before the hour
fixed by law for the closing of the voting therein and such failure or But the exception is this, if all four died (Pres, VP, Senate Pres,
suspension of election would affect the result of the election, the HOR), there will be a special election for the President and the VP.
Commission, on the basis of a verified petition of an interested party, Take note that is an exception.
and after due notice and hearing, at which the interested parties are
given equal opportunity to be heard shall call for the holding or Omnibus Election Code
continuation of the election within thirty days after it shall have
verified and found that the cause or causes for which the election Sec. 7. Call of special election. -
has been postponed or suspended have ceased to exist or upon 1. In case a vacancy arises in the Batasang Pambansa eighteen
petition of at least thirty percent of the registered voters in the months or more before a regular election, the Commission shall
barangay concerned. call a special election to be held within sixty days after the
vacancy occurs to elect the Member to serve the unexpired
term.
When the conditions in these areas warrant, upon verification by
the Commission, or upon petition of at least thirty percent of the 2. In case of the dissolution of the Batasang Pambansa, the
registered voters in the barangay concerned, it shall order the President shall call an election which shall not be held earlier
holding of the barangay election which was postponed or than forty-five nor later than sixty days from the date of such
suspended. dissolution.
Q. Who declares failure of election? The Commission shall send sufficient copies of its resolution for the
holding of the election to its provincial election supervisors and
The Commission sitting en banc by a majority vote of its members, election registrars for dissemination, who shall post copies thereof
motu proprio or upon verified petition by any interested party, after in at least three conspicuous places preferably where public
due notice and hearing where all the interested parties are meetings are held in each city or municipality affected.
afforded equal opportunity to be heard.
R.A. 7166
Again, COMELEC because it is administrative.
Sec. 4. Postponement, Failure of Election and Special Elections. -
The postponement, declaration of failure of election and the calling
Carlos v. Angeles of special elections as provided in Sections 5, 6 and 7 of the
The RTC, on account that a victory was attended by significant Omnibus Election Code shall be decided by the Commission
badges of fraud, cannot declare failure of election in the guise of sitting en banc by a majority vote of its members. The causes for
voiding the proclamation of the winner despite obtaining 25,000 the declaration of a failure of election may occur before or after the
majority votes during canvass, 27,000 votes by physical count and casting of votes or on the day of the election.
17,000 votes by revision.
In case a permanent vacancy shall occur in the Senate or House of
Elections are won on the basis of a majority or plurality of votes Representatives at least one (1) year before the expiration of the
cast and received by the candidates. The trial court gravely term, the Commission shall call and hold a special election to fill
abused its discretion in rendering the decision proclaiming the vacancy not earlier than sixty (60) days nor longer than ninety
respondent the duly elected mayor even without a majority or (90) days after the occurrence of the vacancy. However, in case of
plurality votes cast in his favor. For, in all republican forms of such vacancy in the Senate, the special election shall be held
government the basic idea is that no one can be declared elected simultaneously with the succeeding regular election.
and no measure can be declared carried unless he or it receives a
majority or plurality of the legal votes cast in the election.
FIXING DATE OF SPECIAL ELECTION
The 30-day period is NOT mandatory. It is the discretion of the some authority and the law charges voters with knowledge of the
COMELEC to determine what is reasonably close or not, which is time and place of the election (statutory notice).
determined the by circumstances and facts of each case.
Sufficiency of notice is a question of fact Since only 175 votes separate them, the 213 votes in the polling
place where election failed could still affect the results of the
Best manifestation: Notice registered made to each and every election. Hence, it is still statistically probable for the special
voter. election to affect or change the final result of the election.
Hassan v. Comelec The delay is not attributable to the voters of the polling place where
One-liner: A one day notice is too short. The time for holding it election failed but to the legal maneuvers of parties. Thus, the
must be authoritatively designated in advance. holding of the special election almost two years after the regular
election is still “reasonable close to the date of election not held.”
Facts:
Due to threats of violence and terrorism in the area there was failure CALLING OF SPECIAL ELECTION, JURISDICTION
of elections in 6 out of 24 precincts. A special election was set but
the members of the BEI again failed to report for duty in their Benito v. Comelec
respective polling places. The next day, the COMELEC re- It is the COMELEC en banc which has the exclusive power to
scheduled the elections in these precincts one day after notice postpone, to declare a failure of election, or to call a special
and moved the venue at an Elementary School, which is 15 km election (Section 6 of the Omnibus Election Code).
away from the designated polling places.
The Commission sitting en banc by a majority vote of its members,
The difference between the first and second place is only 219 votes. motu proprio or upon verified petition by any interested party, after
The candidate who garnered second place filed a petition due notice and hearing where all the interested parties are
assailing the validity of the re-scheduled special elections. afforded equal opportunity to be heard.
TN: “Secrecy and sanctity of the ballot” – no one should know who
CONSTITUTIONAL BASIS OF SUFFRAGE you voted for while you are inside the polling place.
Article V, Section 1, 1987 Constitution
Suffrage may be exercise by all citizens of the Philippines, not Section 5 (d), RA 9189 Overseas Absentee Voting Act
otherwise disqualified by law, who are at last 18 years of age, and GR: An immigrant or permanent resident who is recognized as
who shall have resided in the Philippines for at least one year and such in the host country is disqualified from voting under this Act
in the place wherein they propose to vote for at least 6 months
immediately preceding the election. No literacy, property or other • Immigrant or permanent resident outside Phils =
substantive requirement shall be imposed on the exercise of abandonment of domicile. For purposes of election,
suffrage. domicile and residence are the same. Residence is a req
for registration
TN:
XPN:
• All citizens of the Philippines, not otherwise disqualified by law
Unless he executes an affidavit upon registration that:
• At least 18 years old
1. He shall resume actual permanent residence in the country
• Resident of the Philippines for at least 1 year immediately within 3 years from approval of registration
preceding the elections
2. He has not applied for citizenship in another country
• Resident of the place where he proposes to vote at least 6
months immediately preceding the election 3. Failure to return results in the removal of the name from
the National Registry of Absentee voters (but vote
The requirement of 6 months residence is not remains valid)
necessarily prior to registration; it is only necessary prior
to election. This is because registration is merely a 4. Permanent disqualification to vote in absentia.
proposal to vote (so you do not need to comply with
the 6 month residency yet during registration, provided Precinct — address or barangay or sitio. Your territory
that on the day of election, the 6 month requirement has Polling place — classroom where you cast your vote
already been complied)
Voting center — school where you cast your vote
Your registration is a proposal to vote. Registration
is not equivalent to residence.
• No literacy, property and other substantive requirement shall be Macalintal v. Comelec
imposed on the exercise of suffrage. Facts:
Section 5 of the Absentee Voting Act was assailed as
Comment: unconstitutional based on the following grounds:
• What does “suffrage may” mean? 1. It violates the Constitution which requires that a voter must
• It is optional. It is a mere right but can be waived. be a resident of the country
• For you to be able to register, the period of your residence is not 2. In Caasi v. CA, it was held that a green card holder
prior to registration but prior to election. There is no such this as immigrant to the US is deemed to have abandoned his
flying voter if flying voter you mean those who vote who are not domicile and residence in the Philippines
residence of that place. Even residence, it is not necessary prior 3. The Constitution does not allow provisional registration or a
to registration but it is prior to elections. promise by a voter to perform a condition precedent to be
• If you vote in Cebu City, one day pa gani ka naabot, you just qualified to vote
want to register there, you are allowed provided 6 months prior 4. Congress should not circumvent the Constitutional
to elections you are able to prove you are a resident of that requirement on suffrage by providing a condition which
place. Take note that when you go to an election office to amends the residence requirement
register, you actually trying to propose to vote. It is a proposal to 5. Suffrage should only be granted to persons possessing
vote and not a proposal to secure a voter’s ID. Voter’s ID is not qualifications on the day of election
necessary for you to be able to vote. It is only necessary if there
is a challenge as to your identity.
Issue:
Does Section 5(d) of RA No. 9189 allowing the registration of
HISTORY OF SUFFRAGE voters who are immigrants or permanent residents in other
countries by their mere act of executing an affidavit expressing
HISTORY OF SUFFRAGE IN THE PHILIPPINES their intention to return to the Philippines, violate the residency
requirement in Section 1 of Article V of the Constitution?
Q. Is suffrage an obligation or a right?
Held:
1. Section 1, Article V, 1935 Constitution
No. Absentee voting is an exception to the regular system of voting.
Suffrage may be exercise by male citizens. Suffrage for It is intended to accommodate soldiers and sailors and other
women may be extended by the National Assembly through qualified voters who, on election day, are absent from the place
a plebiscite affirmed by at least 300,000 women qualified to where they are residents or registered. The execution of the
vote. affidavit is not the enabling or enfranchising act. It is not only proof
of intention to return, but more importantly, it serves as an express
2. Section 1, Article VI, 1973 Constitution — mandatory declaration that the domicile was not abandoned.
Suffrage shall be exercised by citizens of the Philippines not
otherwise disqualified by law.
Section 5 (d) does not circumvent the Constitution. Instead, it Provided: That the assistor be of voting age, but not
complies with a constitutional mandate which requires that necessarily registered
Congress legislate absentee voting that presupposes the qualified
citizen abroad is not physically present in the country.
TN: Not every PWD is entitled to an assister.
2. Members of the AFP and PNP and other government officers WON the assistor voted for who the person intended is between
and employees who, on election day, may be temporarily the both of them, COMELEC cannot intervene. That is why the
assigned to perform election duties in a place where they are person is given the choice who shall assist him as it should be
not registered voters. founded on trust and confidence.
• It does not mean that all AFP and PNP can avail of this,
there is a requirement that they should be prevented in Creation of Precincts for Persons with Disabilities and Senior
voting in the area where they are registered because of Citizens
their election duties
• an accessible polling place is created, usually in the ground
floor
3. Members of the Board of Election Inspectors – they may vote in • with assistive devices
the polling place where they are assigned on election day,
provided they are registered voters in the city, municipality or • manned by people trained to provide assistance to PWD and
province and their voting is noted in the minutes. illiterates
• Teachers
CONTINUING REGISTRATION OF PWDS AND ILLITERATE
4. Members of media, media practitioners, including the technical Q. Who may be assisted in voter’s registration?
and support staff, who are duly registered voters and who, on
election day, may not be able to vote due to the performance of 1. Illiterate persons
their functions in covering and reporting on the elections. 2. Persons with disability
If you're a media person, you may vote in the area where you
are assigned. Q. Who can assist?
1. Illiterate – Election officer or member of the accredited
Q. Who can they vote for? citizen’s arm
1. EO 157 – For the 1987 election, they can vote only for 2. PWDs – Election officer or member of the accredited
senators citizen’s arm or relative within the 4th civil degree of
2. RA 7166 – President, Vice-President and Senators consanguinity or affinity
3. RA 10380 – President, Vice-President, Senators and Party-list
Q. How assisted?
They can only vote for national positions, exactly because they 1. Illiterate or PWD is under oath
are not in the locality where they reside and are registered to vote. 2. Interviewed and answers are recorded
3. Contents of the form is read aloud
• Divulging of information is allowed because unlike voting,
SUFFRAGE FOR DISABLED AND ILLITERATE VOTERS registration is not within the purview of secrecy of the
ballot – registration lang man.
SUFFRAGE FOR DISABLED AND ILLITERATE VOTERS 4. The accomplished form shall be subscribed by the
Section 2, Article V, 1987 Constitution applicant
The Congress shall also design a procedure for the disabled and 5. Attested by the majority of the members of the Board
the illiterates to vote without the assistance of other persons. Until
then, they shall be allowed to vote under existing laws and such
rules as the Comelec may promulgate to protect the secrecy of VOTER’S REGISTRATION
the ballot.
VOTER’S REGISTRATION DEFINED
Q. Who may be assisted? Q. What is meant by voter’s registration?
1. A person with disability
2. A senior citizen who is illiterate or physically unable to Section 3, RA 8189
personally prepare the ballot The act of accomplishing and filing of a sworn application for
registration by a qualified voter before the election officer of the
Provided: city or municipality wherein he resides and including the same in
the book of registered voters upon approval by the Election
A. Such physical inability is of such nature as to prevent the voter Registration Board.
from personally accomplishing the ballot. • Personal presence is necessary because of the need for
• You lost one leg, ofc you are a person with disability. But biometrics
your disability does not prevent you from voting, thus
you are not entitled an assistor
Your personal presence or appearance is required when you
• An assistor would mean that there is another person who register. You must be there.
knows of your vote, thus should be the last resort.
Upon approval by the Election
B. Such physical inability or illiteracy is indicated in the
registration record. - you are not automatically registered because there is still
need for approval
• If not indicated in the registration record, you shall not be - until ERB approves, you are not a registered voter
treated as PWD/Illiterate
• But what if disability occurred after registration? You can
still avail of the privileges of PWD If the physical Yra v. Abano
inability is manifest upon day of election. One-liner: Registration regulates the exercise of the right of
• However, rules are strict when it comes to illiteracy suffrage. It is not a qualification for such right.
because this is prone to abuse/modus operandi
Facts: An aspiring lawyer from the province went to the city to study
Senior Citizens and PWD - share with the regular voters. law where he also registered as a voter. When he became a
5 from the regular and 5 from the pwd. lawyer, he returned to the province, ran for and won as municipal
Priority is not monopoly president. However, he was not able to register as a voter in the
municipality because he failed to cancel his registration in the city
on time. Thus, his election was challenged on the ground that
Q. Who can assist? being not registered, he is ineligible to run and be elected.
1. Relative by consanguinity or affinity within the fourth civil
degree
It was established however that the municipal president was a
2. If none, person of confidence who belong to the same resident of the municipality but is not registered as a voter there.
household.
3. By any member of the Board of Election Inspectors
Issue: Whether he is eligible to run and be elected.
Facts:
Held: Yes. It is true that one of the qualifications required by law of The Comelec resolved to register voters from December 2, 2008 to
a person who announces his candidacy is that he must be a duly December 15, 2009 as the period of continuing voter registration
qualified elector. However, “qualified elector” meant a person who using the biometric process for the purpose of the May 10, 2010
had all of the qualifications provided by law to be a voter and not a national and local elections. It is however resolved to adjust the
person registered in the electoral list. deadline from December 15, 2009 to October 31, 2009 to afford it
more time to prepare for the automated elections.
Eligibility is not affected by failure to register. Registration is a mere
step to voting, not an element to it. Registration does not confer It was argued that based on the NSO date, the projected voting
suffrage but a mere condition precedent to its exercise. population from age group 18024 is 12.5 million which could be
Registration merely regulates, not qualifies suffrage. disenfranchised for failure to register. It encroaches on the
legislative power by amending Section 8 of RA 8189 to expand the
prohibitive period of registration. But Comelec argued that it is
Caveat. Today, you cannot run for public office without registration. empowered to fix other periods and dates for pre-election
This case is only cited in your answers in the ruling that activities.
registration as mere regulation, not qualification to suffrage.
Issue:
SYSTEM OF CONTINUING REGISTRATION Whether Comelec can cut short the registration and accordingly
adjust the deadline.
SYSTEM OF CONTINUING REGISTRATION
Period of Registration Held:
The personal filing of application of registration of voters shall be No. The clear text of the law decrees that voters be allowed to
conducted daily in the office of the Election Officer during regular register daily during regular office hours, except during the period
office hours. No registration shall, however, be conducted during starting 120 days before a regular election and 90 days before a
the period starting one hundred twenty (120) days before a regular special election. The period outside the 120 day prohibition is
election and ninety (90) days before a special election. sufficient for Comelec to prepare for the elections. While Comelec
has the rule-making, it must be exercised in accordance with
GR: Daily in the Office of the Election Officer during office hours, prevailing law. The power to fix other periods can be used only if
even on Saturdays and holidays the activities cannot be reasonably held within the period provided
by law.
XPNs:
1. 120 days before a regular election
2. 90 days before a special election A case in 2016. The SC did not rule squarely in the issue of
extension of the voters registration.
• Necessary so COMELEC can attend to other duties
necessary for preparation of elections
Q. What is the difference between the Akbayan and Kabataan
rulings?
Akbayan Youth v. Comelec (2001) In Akbayan, the petition was filed during the prohibited period and
One-liner: The right of suffrage is not at all absolute. It is subject to the extension prayed for falls on the prohibitive period. In
existing substantive and procedural requirements embodied in the Kabataan, the petition and the period prayed for were both outside
Constitution and statute books. The act of registration is an of the 120 day prohibitive period.
indispensable precondition to the right of suffrage, for it is part and
parcel of the right to vote and an indispensable element in the The only difference between the first and second case:
election process. First case — falls within the 120 day period
Second case — still outside the 120 day period
Facts:
The Comelec conducted voter’s registration until December 27,
2000. Petitioners, who claim to represent the youth sector, asked QUALIFICIATIONS AND DISQUALIFICATIONS
it conduct registration February 17 and 18, 2001. They said that
around 4 million youth voters aged 18 to 21 failed to register on or REGISTRATION, QUALIFICATION, DISQUALIFICATION
before the deadline, hence, the need for extension. It was also Q. Who may register as a voter?
anchored on the renewed political awareness and interest among
1. Filipino citizen not disqualified by law
the youth to participate in the political process generated by the
recent political events in the country. The Comelec refused on the • Requisite of natural-born is only for those seeking
ground that it will affect its preparations for the elections. Contrary election
to popular belief, voter’s registration is not limited to the act of 2. At least 18 years old on or before election
going to the election officer and writing down the names. 3. Resident of the Philippines for at least 1 year immediately
Applications for registration are subject to hearing, notice and preceding the elections
action of the Election Registration Board. 4. Resident of the place where he proposes to vote at least 6
months immediately preceding the election
The following pre-election acts need to be done: • 6 months prior to election, not registration
• Complete the project of precincts
• Constitution of the Board of Election Inspectors You can register even if you are not yet a resident there as long as
• Inspection, verification and sealing of book of voters you are a resident 6 months PRIOR to the election.
• Finalization of computerized voter’s list
• Preparation, bidding, printing and distribution of the voter’s Q. Who are otherwise disqualified by law to register?
information sheets, among many others 1. Sentenced by final judgment to suffer imprisonment of not
less than 1 year.
It was argued that the Comelec is endowed with standby or Unless:
residual powers to designate other dates for certain pre-election A. Removed by plenary pardon or amnesty
acts. B. 5 years have lapsed after service of sentence
While voter’s registration is a pre-election act, we cannot ask the 3. Insane or incompetent persons declared as such by
Comelec to do the impossible. The designation of other dates competent authority
should be premised on the capability of reasonable performance. Unless: Subsequently declared by competent authority
that such person is no longer insane or incompetent
Kabataan Party List v. Comelec (2009)
Q. What should the application for registration contain?
One-liner: Comelec’s rule-making power should be exercised in
accordance with the prevailing law. The right of suffrage lies at the Guji: Don’t memorize this
heart of our constitutional democracy. The right of every Filipino to 1. Name, surname and middle name
choose the leaders who will lead the country and participate, to 2. Date and place of birth
the fullest extent possible, in every national and local election is so 3. Citizenship
zealously guarded by the fundamental law.
4. Civil status, if married, name of spouse
5. Periods of residence in the Philippines and in the place
To acquire a new domicile of choice, the following requisites must Otherwise, COMELEC cannot cancel registration even if there is
concur: personal knowledge of the death of the registrant.
1. Residence or bodily presence in the new locality
2. Intention to remain there or animus manendi
3. Intention to abandon the old domicile or animus non TRANSFER OF REGISTRATION
revertendi Gi skip-an ra ni ni Guji na discussion
The purpose to remain must be for an indefinite period of time. The Q. What are the modes of transfer?
change of residence must be voluntary. 1. Change of residence to another city or municipality
• The registered voter may apply with the election officer of
The political situation brought by people power must have caused his new residence.
great apprehension and serious concern over the safety of the 2. Change of address within the same city or municipality
family that forced them to self-exile. Thus, their sudden departure
from the country cannot be deemed voluntary or abandonment of • Immediately notify the election officer in writing
residence. • If change of address involves change of precinct, the
Board shall transfer the registration and notify the voter
of the new precinct.
Residence and domicile are synonymous in election/registration.
Physical presence — continuing intention to return
INCLUSION AND EXCLUSION PROCEEDINGS
Pungutan v. Abubakar
It must be emphasized that the right to vote is a most precious
EXCLUSION THROUGH INADVERTENCE OR REGISTERED
political right, as well as a bounden duty of every citizen, enabling WITH AN ERRONEOUS OR MISSPELLED NAME
and requiring him to participate in the process of government so as Q. What is the remedy in case of exclusion thru inadvertence
to ensure that the government can truly be said to derive its power or registered with an erroneous or misspelled name?
solely from the consent of the governed. Apply for exclusion or reinstatement and correction of entry. If
denied or not acted by the Election Registration Board, petition the
Municipal Trial Court for entry or correction, as the case may be.
DEACTIVATION & CANCELLATION OF REGISTRATION
DEACTIVATION OF REGISTRATION ELECTION REGISTRATION BOARD
Q. What are the grounds for deactivation of registration? Q. Who compose the Election Registration Board?
1. Final judgment to suffer imprisonment for not less than 1 1. Chair: Election Officer
year 2. Members:
2. Final judgment for any crime involving disloyalty to the A. Public school official most senior in rank
government B. Local Civil Registrar
3. Insane or incompetent persons declared as such by
competent authority
4. Failure to vote for 2 successive regular elections ERB - those approve or disapprove your registration
5. Court order in exclusion proceedings
Disqualification
6. Loss of Filipino citizenship
Relationship within the fourth civil degree to each other and to any
7. Failure to validate incumbent elective official of the city or municipality
Voting was done by persons other than the registered voters while Ututalum v. Comelec
armed men went from one polling place to another, prepared the Facts:
ballots and dictated how the election returns should be returned. In a special election for district representative, there were 39,801
registered voters in one municipality. One candidate obtained 482
It was argued that since the Comelec has no jurisdiction to decide votes while the other got 35,581 votes. During canvassing, he
the right to vote, it cannot exclude election returns because it objected to the returns of that municipality on the ground that they
disenfranchises votes which is purely judicial. appeared to be tampered with or falsified owing to the great
excess of votes.
Held:
In that municipality, there were only 42 polling places, which if
It is true that inclusion or exclusion from the list of voters is a purely multiplied by 300 results in 12,600 voters only, way below the
judicial power to the exclusion of the Comelec. But to determine 36,663 who cast their votes, or a difference of 23,947 ghost
whether an election was held is purely within the administrative voters.
jurisdiction of the Comelec. The disenfranchisement is only
provisional, subject to the final determination of the validity of
votes in an election protest. In his petition however, he admitted that there was an error
because the municipality had 148 polling places. But he said that
if the returns from the municipality are excluded, he will win by
Any question involving suffrage is removed from the jurisdiction of 5,301 votes. But the objections were denied for being filed out of
the Comelec. However, exclusion of election returns from time.
canvassing pertains to the administrative jurisdiction of the
Comelec.
The other candidate was proclaimed. He then petitioned to annul
the proclamation and prayed for his proclamation. While these
were pending however, a candidate for governor petitioned to
Another list was prepared yielding only 12,555 names. He then No voter is disenfranchised because no such voter exists. Suffrage
filed a supplemental pleading to entreat the annulment in his is not tampered with when a list of fictitious voters is excluded
pending petitions to annul proclamation of the other candidate and from election. Suffrage is conferred by the Constitution only on
for his proclamation. But the Comelec dismissed it on the ground citizens who are qualified to vote and who are not otherwise
that while there may be padding of the list of voters, it cannot disqualified by law.
annul the elections otherwise it disenfranchises the good or valid
votes. Padding of voter’s list, like fraud and terrorism, is not a The exclusion of non-existent voters all the more protects the
proper issue to be raised in a pre-proclamation controversy, but in validity and credibility of the electoral process as well as suffrage
an election protest. because the sovereign will is not rendered nugatory by the
inclusion of some good voters.
He now contends that the issue he raised refers to obviously
manufactured returns, hence a proper pre-proclamation issue.
Comelec held that the election returns in the municipality should PART III. THE COMMISSION ON ELECTIONS
be excluded in the canvass because the list of voters has been
finally annulled. There is no need to re-litigate in an election COMPOSITION, QUALIFICATIONS, TERM OF OFFICE
protest the matter of annulment because it is already a “fait
accompli”. COMPOSITION, QUALIFICATIONS AND TERM OF OFFICE
Q. Who compose the COMELEC?
Held: 7 Commissioners all in all.
There is no great excess of votes since only 36,000 voted out of 1. 1 Chair
39,000 registered voters. The Lagumbay case heavily relied on by 2. 6 Commissioners
petitioner deals with the preparation of manufactured returns while
this case deals with the preparation of the list of voters, a matter
which is not reflected in the face of the election returns. TN: The Commission on Human Rights is not a constitutional body.
It is a national Commission. There are only 3 Constitutional bodies
Padding of list of voters is not a proper ground in a pre- – Comelec, COA and CSC.
proclamation controversy. The new list of voters cannot be applied
to determine the number of votes in a previous election. The Q. What are their qualifications?
Comelec is not empowered to annul a previous election on the They should possess these qualifications at the time of
basis of a subsequent annulment of voter’s list. It has no appointment.
retroactive effect. 1. Natural-born citizens
2. At least 35 years old
Bashier v. Comelec 3. Holders of college degree
The subsequent annulment of a voter’s list in a separate 4. Not a candidate for any elective position in the
proceedings where the protagonists are not parties, cannot immediately preceding elections
retroactively and without due process annul the previous election. 5. Majority (including the Chair) must be lawyers engaged
in the practice of law for at least 10 years
Ututalum v. Comelec TN: Chair must be a lawyer. This is because the
Commission performs quasi-judicial functions, thus
The voter’s list in the previous elections is valid and unquestioned we require somebody who knows the law.
prior to and on the day of election. It was the only legitimate roster
used as basis for voting. In the absence of prior petition to set it
aside, it is considered conclusive evidence of persons who could Q. What is the practice of law?
vote in that particular election. Cayetano v. Monsod
Since the winning candidate was already proclaimed, the pre-
It means any activity, in and out of court, which requires the
proclamation case dies, the next remedy is an election protest application of law, legal procedure, knowledge, training and
before a proper forum, which is the House of Representatives experience. Thus, a lawyer-economist, lawyer-manager, lawyer-
Electoral Tribunal. entrepreneur, lawyer- negotiator of contracts, lawyer-legislator for
the rich and poor satisfy the requirement.
Sarangani v. Comelec
Facts: Q. Who appoints them and for how long?
Way back in the 1950s and during the martial law era, the dead, The President, with the consent of the Commission on
the birds and he bees voted in Lanao. Several precincts and their Appointments, for a term of 7 years without reappointment.
books of votes were sought to be annulled on the ground that they
contained ghost voters. It was opposed by the incumbent mayor They are impeachable, thus they are only removed by
and the 23 Punong barangays on the ground that the move is impeachment. In other words, the Ombudsman do not have
merely intended to diminish bailiwicks. jurisdiction.
The Comelec investigated and found that: Q. Can any member be appointed or designated in an acting
1. The supposed barangay Padian Tarogan does not exist capacity?
2. The area has only two structures, one a concrete house Brillantes v. Yorac
without a roof and the other a wooden structure without
walls and roof. No. It has to be a permanent appointment otherwise, it violates
security of tenure which is one of the constitutional safeguards of
3. The name Padian Tarogan means a cemetery and not a Comelec independence.
residential place
4. When the people around the area were asked who among
them is registered in Padian, none of them answered in TN: What the SC was trying to void if the appointment is merely
the affirmative temporarily, the appointee will be at the mercy of the President
5. Based on this report, the Comelec ruled that Padian is a because the President can always take it back.
ghost precinct and should be excluded in the special
election. Q. How is its independence safeguarded?
No less than the Constitution describes COMELEC as independent
Held:
It is erroneous for Comelec to rule that Padian is a ghost precinct
because it is a barangay which should have at least one precinct. DISABILITIES, INHIBITIONS AND DISQUALIFICATIONS
But since it is a factual matter to be determined by Comelec in the During tenure, its members are not allowed to:
exercise of its administrative power, the Court refuses to review. A. Hold any other office or employment
B. Engage in the practice of any profession
It is not impossible for a barangay not to have actual inhabitants C. Actively manage or control any business which in any way
because people migrate. A barangay may officially exist on record be affected by the functions of his office
and the fact that nobody resides there does not result in its D. Be financially interested, directly or indirectly in any contract
automatic cessation as a unit of local government. with, or in any franchise or privilege granted by the
government or any of its subdivisions, agencies or
Under the LGC, abolition of a LGU may be done by Congress if it instrumentalities including GOCCs and its subsidiaries.
involves a province, city or municipality. If it involves a barangay, it E. Salary is fixed by law and cannot be decreased
may be done by the Panglungsod concerned subject to plebiscite,
except in Metro Manila and cultural communities.
F. They appoint their officials and employees, subject to the function issues a resolution laying down the
concurrence and approval of the CSC guidelines for the conduct of plebiscite.
G. Enjoy fiscal autonomy. There is automatic appropriation. Ministerial Function of Comelec
H. It promulgates its own rules concerning pleadings and - application form
practice before it (quasi-legislative powers of the - comelec cannot inquire as to the truth
Commission) - however, it must be in the form required
TN: Its decisions, finals orders or rulings on election contests 2. Acceptance of COCs, provided it complies with the
involving elective municipal and barangay offices shall be final, prescribed form
executory, and not appealable.
QUASI LEGISLATIVE POWER
POWERS AND FUNCTIONS - COMELEC - SC on petition for review on certoirari
- Power to supplement the law but NOT to expand or limit
POWERS OF THE COMELEC
- Doctrine of Subordinate Legislation
Q. What are the constitutional powers and functions of the - Promulgate rules - independence of comelec
Commission?
A. It enforces and administers all laws and regulations relative Q. What are the administrative and quasi-judicial powers and
to the conduct of election, plebiscite, initiative, referendum functions?
and recall.
Article IX (C), Section 2 pars 1,3-9 are administrative while par 2 is
quasi-judicial.
B. It exercises exclusive original jurisdiction over all contests
relating to the election, returns, and qualifications of all
elective, regional, provincial and city officials. Importance of knowing the difference:
To know where to go – en banc or division. Quasi-judicial functions
C. It exercises appellate jurisdiction over all contests involving must pass before the division first before the en banc assumes
elective municipal officials decided by the RTC or involving jurisdiction. Violation results in dismissal of the case.
elective barangay officials decided by the MTC.
Filipinos Engineering v. Ferrer
D. Decides, except those involving the right to vote, all A resolution awarding the contract in favor or one bidder is not
questions affecting elections, including the number and issued pursuant to its quasi-judicial functions but merely as an
location of polling places, appointment of election officials incident of its inherent administrative functions over the conduct of
and inspectors, and registration of voters. elections. As such, it does not fall under the final order
• TN: In cases involving the right to vote – pertains to the contemplated by law as reviewable by the Supreme Court on
MTC or RTC in inclusion or exclusion proceedings certiorari. Since it is non-judicial in character, the Commission
(judicial in nature). If the case is to challenge the right to cannot issue its contumacy (to cite in contempt) power. Thus, any
register – the Election Registration Board question arising from it may be well taken in an ordinary civil
(Administrative) action before the trial courts.
E. Its decisions, final orders or rulings on election contests TN: The Commission cannot exercise its power to cite you in
involving elective municipal and barangay officials shall be contempt if it merely exercises it administrative functions. It can
final, executory and not appealable. only be done when the Commission exercises quasi-judicial
• TN: Only when questions of facts are concerned. For functions.
questions of law, still subject to judicial review
B. Widely perceived to have committed terrorism, fraud or G. Every legislative district must be represented by at least 3%
other election irregularities of its registered voters.
C. Threaten or tend to disrupt the holding of a free, peaceful,
honest, orderly and credible elections. Q. What is the form of petition?
A. It is written
Q. What areas may be covered by control? B. In a form to be determined by Comelec
Any political division, subdivision, unit or area. It presupposes a C. It must contain the entire proposal on its face or attached to
smaller cluster or area. it. If so, it must state the fact of its attachment
D. The people must author and sign the entire proposal
Q. What are the implications of Comelec control? E. No agent or representative can sign on their behalf
A. Immediate and direct control and supervision over all F. Prior to signing, the person must have examined the entire
national and local officials and employees required by law proposal
to perform duties and/or comply with prohibitions relative to G. Its nature and effect are explained
the conduct of elections in the area.
B. Exercise full control and supervision over all national and
local law enforcement agencies as well as military officers Lambino v. Comelec
and men assigned or deployed in the area. GMA became President as successor to Erap for 3 years. She also
won against FPJ and served for 6 more years. Fearing that she
TN: The placement of a locality under Comelec control is a last may be prosecuted for the many cases filed against her after her
resort. You don’t just do that whimsically because it is an added term ends, she moved for a charter change to remove the one
burden on the part of the Comelec. term limit rule.
Premise: The election returns embody the votes of the electorate. If It may recommend to Congress measures:
the COMELEC is allowed to exclude them, in effect, it actually 1. Minimize election spending
decides on the right to vote because the election returns represent 2. Limitation of common poster areas
the votes cast by the people 3. Prevention of and penalty for all forms of election fraud,
offenses, malpractices and nuisance candidates
Held:
The exclusion of election returns is administrative in nature, thus It may recommend to the President:
the decision of the COMELEC is to be respected for as long as 1. Removal or suspension of its deputies
there is substantial evidence to back it up, unless GAD is proven.
2. For violation, disregard or disobedience to its directive,
order or decision
COMELEC can also exclude spurious election returns because by
doing so, it does not nullify the votes per se but the spurious
document that embodies them. Thus, exclusion of election returns Q. What must be done prior to recommendation?
does not amount to denial of the right to vote. It must first satisfy itself that indeed there has been an infraction of
the law or its allied directives by the person administratively
charged.
Montejo v. Comelec
It has no power to reapportion legislative districts. A province was Thus, it may take cognizance of an administrative case involving
created resulting in unequal distribution of inhabitants. The performance of duties of a city prosecutor as a deputized
Comelec transferred a municipality from one district to another on canvasser.
the ground that Section of the Ordinance appended to the
Constitution authorizes it to make minor adjustments in
redistricting. Tan v. Comelec
It relates to the performance of his duties as canvasser and not as
The Comelec is without jurisdiction to apportion legislative districts prosecutor.
and the phrase “minor adjustments” refers to the instance where a
municipality was omitted in the enumeration of those composing
the legislative district. Diocese of Bacolod v COMELEC
In disallowing oversized tarpaulins in private property, the
Commission cannot invoke its power to recommend because it
Sarmiento v. Comelec pertains to candidates only.
If it involves pre-proclamation controversies, the Commission en
banc cannot acquire jurisdiction unless it is brought to it on motion
for reconsideration from the decision of a decision. REGISTER POLITICAL PARTIES AND PARTY-LIST
But upon the start of term of office, cases involving pre- POWER TO REGISTER POLITICAL PARTIES AND PARTY-
proclamation controversies are deemed terminated. Without LIST
prejudice to the filing of appropriate election protest cases. Q. What is a political party?
It refers to an organized group of citizens advocating an ideology or
Q. What does “all questions affecting” mean? platform, principles and policies for the general conduct of
government and which, as the most immediate means of securing
Diocese of Bacolod v COMELEC their adoption, regularly nominates and supports certain of its
The word “affecting” does not refer to “any and all” questions. It is leaders and members as candidates for public office.
not construed to divest the Supreme Court of jurisdiction. A. National party – constituency is spread over the
geographical territory of at least a majority of the regions.
B. Regional – constituency is spread over the geographical
DEPUTIZE OTHER GOVERNMENT AGENCIES territory of at least a majority of the cities and provinces
comprising the region.
POWER TO DEPUTIZE OTHER GOVERNMENT AGENCIES
Q. Who or which can be deputized? Groups that cannot be registered as political party:
Law enforcement agencies and instrumentalities of the A. Religious denominations and sects
Government, including the Armed Forces of the Philippines.
B. Those which seek to achieve their goals through violence or
unlawful means
Q. For what purpose? C. Those which refuse to uphold and adhere to the
Must be in line with an election purpose. Exclusive purpose of Constitution
ensuring free, orderly, honest, peaceful and credible elections. D. Those which are supported by any foreign government
Election is everybody’s responsibility, including you, the voters. Groups that cannot be registered as party-list
1. A religious sect or denomination, organization or
Q. What is the extent of deputation? association organized for religious purposes
The deputies become alter egos of the Commission. They are 2. Advocates violence or unlawful means to seek its goal
subject to its authority, control and supervision in respect of the 3. A foreign party or organization
particular functions covered by such deputation. 4. Receiving support from any foreign government, foreign
political party, foundation, organization, whether directly or
The acts of such deputies within the lawful scope of their delegated through any of its officers or members or indirectly
authority are, in legal contemplation, the acts of the Commission through third parties for partisan election purposes
itself. 5. Violates or fails to comply with laws, rules, or regulations
relating to elections
Q. What is the limit on deputation? 6. Declares untruthful statements in its petition
It cannot suspend or remove the deputy from his or her original 7. Has ceased to exist for at least 1 year, or it fails to
position. It can only recommend. participate in the last 2 preceding elections or fails to
obtain at least 2 per centum of the votes cast under the
party-list system in the 2 preceding elections for the the voters to the prejudice of other candidates unless required to
constituency in which it has registered. take a leave of absence.
Adiong case, cited in 1-UTAK Petitioner contends that it violates constitutional guarantees of the
freedom of expression and of the press. Unlike a regular news
Such supervisory power does not extend to the very freedom of an reporter or news correspondent who merely reports the news, a
individual to express his or her preference of candidates in an columnist obviously and necessarily writes his or her opinions,
election by placing election campaign stickers on his or her views and beliefs on any issue or subject. It thus constitutes prior
vehicle. Otherwise, it is a violation to the ownership rights and restraint on the constitutionally-guaranteed freedom of the press
one’s freedom of expression and further imposes subsequent punishment for those who may
violate it because it contains a penal provision.
1-UTAK
The Constitution merely grants the Commission power to supervise Comelec contends that it is a valid implementation of its power to
the employment and utilization of all franchises and permits of supervise and regulate media during election or plebiscite period.
public utilities. It does not extend to the ownership per se of PUVs It does not absolutely bar petition from expressing his views and/
and transport terminals but only to the franchise or permit to or from campaigning for or against the Organic Act. He may still
operate them. express his views or campaign for or against the act through the
Comelec space and airtime.
The posting of campaign materials on PUVs and terminals is not
only a form of political expression but an act of ownership.
Held:
It is unconstitutional. What was granted to the Comelec was the
Diocese of Bacolod v COMELEC power to supervise and regulate the use and enjoyment of
Oversized tarpaulin stating Team Patay and Team Buhay. franchises, permits or other grants issued for the operation of
COMELEC ordered the removal because it exceeded the media of communication or information. It does not include the
allowable campaign material size. Diocese of Bacolod tried to right to supervise and regulate the exercise by media practitioners
assert their ownership rights over the private property. themselves of their right to expression during plebiscite periods.
Media practitioners exercising their freedom of expression during
plebiscite periods are neither the franchise holders nor the
Held: SC upheld the property rights of the Diocese of Bacolod. Size candidates. In fact, there are not candidates involved in a
matters. plebiscite.
D. They may be required to explain to voters that they may The Comelec submits to the President and the Congress a
refuse to be interviewed, and that the interview is not part comprehensive report on the conduct of each election, plebiscite,
of the official balloting process initiative, referendum, or recall.
E. The pollsters may further be required to wear distinctive
clothing that would show they are not election officials Q. Does the Comelec exercise judicial powers?
F. They may be required to undertake an information
campaign on the nature of the exercise and the results to Sandoval v. Comelec
be obtained Essentially, it does. But since judicial power is technically exercised
G. These measures, together with a general prohibition of by judges and justices, it is more apt to say it performs quasi-
disruptive behaviour, could ensure a clean, safe and judicial functions. If the power is judicial in nature or character, but
orderly election. it does not involve the functions of a judge or is conferred upon an
officer other than the judge, it is quasi-judicial.
Q. Does it not violate ballot secrecy?
Q. When can we say that it exercises quasi-judicial functions?
ABS-CBN v. Comelec 1. When it exercises original and appellate jurisdiction over
In exit polls, the contents of the official ballot are not actually election contests, including pre-proclamation
exposed. The revelation of whom an elector has voted for is not controversies
compulsory, but voluntary. Voters may also choose not to reveal Quasi judicial — when comelec resolves election
their identities. contests (not only election protests but also quo
warranto proceedings)
They may be required to undertake an information campaign on the Determination of probable cause — administrative
nature of the exercise and the results to be obtained. - If administrative — not required to go to comelec
division
These measures, together with a general prohibition of disruptive - If judicial — required …
behavior, could ensure a clean, safe and orderly election.
2. Appeals from the rulings of the BOCs involving pre-
Q. Did COMELEC issue such rules? proclamation controversies.
Yes, pollsters are: Decision of COMELEC by Division — Motion for
reconsideration to COMELEC en banc
• Not allowed to conduct a survey within 50 meters from the
polling place Decision of comelec en banc — usually none
• Wear distinctive clothing
3. Annulment of proclamation and determination of existence
• Inform the voters that they may refuse to answer of manifest errors requires arbitration hence quasi-judicial.
4. Petition for declaration of failure of election on the ground
INVESTIGATE AND PROSECUTE of missing names and control date, unsecured ballot
boxes, delay in the delivery of election returns.
POWER TO INVESTIGATE AND PROSECUTE Failure of election
Q. What covers this power? - it must not be selective; it must apply to all
affected parties
It includes cases of violations of election laws, including acts or
omissions constituting election frauds, offenses and malpractices.
TN: Its determination is only an exercise of administrative functions
and determination of probable cause is administrative.
Q. Is it exclusive?
• OLD: OEC – Comelec has the exclusive power to investigate and
prosecute election offenses. But it may avail of the assistance of Sarmiento v COMELEC
prosecuting arms of the government. Appeals from rulings of the Board of Canvassers involve pre-
• NOW: RA 9369 – Comelec and the prosecuting arms of the proclamation controversies
government have concurrent jurisdiction to investigate and
prosecute election offenses.
Sandoval v COELEC
Power to investigate and prosecute does not include the duty Annulment of proclamation and determination of existence of
manifest errors require arbitration hence quasi-judicial
to gather evidence.
Kilosbayan v. Comelec
Canicosa v COMELEC
Facts:
Petition for declaration of failure of election on the ground of
A letter-complaint was filed before the Comelec alleging use of missing names and control data, unsecured ballot boxes, delay in
government funds for election purposes. The evidence attached the delivery of election returns.
were a newspaper column, transcripts of testimony in Congress
hearings and an affidavit. It was dismissed for insufficiency of
evidence, for being plain conjectures and hearsay. But it was Its determination is only an exercise of administrative functions.
argued that it is incumbent upon the Comelec to gather evidence
as part of its constitutional duty to investigate and prosecute TN: Again, it is important to distinguish because if administrative,
election offenses. the COMELEC en banc can acquire jurisdiction right away. If
quasi-judicial, it has to go through a division before en banc can
Held: acquire jurisdiction.
The power to investigate and prosecute does not include the
physical searching and gathering of proof in support of a Q. What are the necessary incidents of the exercise of quasi-
complaint for an alleged commission of an election offense. A judicial powers?
complainant, who in effect accuses another person of having
committed an act constituting an election offense, has the burden, Mendoza v. Comelec
as it is his responsibility, to follow through his accusation and A. It holds hearings and exercises discretion of a judicial
prove his complaint. nature.
B. It receive evidence, ascertains facts, and determines the
The claim that the complainant is a mere informant and not the law and legal rights of the parties.
private complainant with the burden of proof is ridiculous. C. It decides on the merits of the case and renders judgment.
JUDICIAL POWERS Held: The jurisdiction pertains to the HRET because the district
representative already assumed office.
JUDICIAL POWERS TN: Once the Comelec proclaims you as the winner, the Comelec
Q. What are the judicial powers of Comelec? loses jurisdiction. Jurisdiction now pertains to the Trial Courts.
• Exercise original jurisdiction over regional, provincial and city
election contests and appellate jurisdiction over municipal
and barangay election contests Reyes v. Comelec
• Power to issue extraordinary writs Facts: The COC of a district representative was cancelled for
• Contumacy powers material misrepresentation. But since it did not acquire finality yet,
she was proclaimed. The cancellation became final. But she now
• Jurisdiction on en banc or division argues that after proclamation, the Comelec lost jurisdiction over
her qualification and it now pertains to the HRET.
JURISDICTION OVER ELECTION CONTESTS
Held:
JURISDICTION OVER ELECTION CONTESTS Despite proclamation, the Comelec retains jurisdiction because
Article IX (C), Section 2 three conditions did not concur for the HRET to acquire it:
A. Valid proclamation
Exercise exclusive jurisdiction over all contests relating to the
elections, returns, and qualifications of all elective regional, B. Proper oath
provincial, and city officials, and appellate jurisdiction over all C. Assumption to office (Noon of June 30 following the
contests involving elective municipal officials decided by trial elections)
courts of general jurisdiction, or involving elective barangay
officials decided by trial courts of limited jurisdiction.
Proclamation alone does not make Comelec lose jurisdiction. Only Bulilis v. Nuez
upon concurrence of three instances shall the COMELE lose its A court may issue a writ of certiorari in aid of its appellate
jurisdiction to HRET.
jurisdiction if it has jurisdiction to review, by appeal or writ of error,
the final orders or decisions of the lower court.
Q. When does the en banc acquire jurisdiction over election
contests?
Q. Is the power to issue writs of certiorari, mandamus and
Only upon motion for reconsideration of the division’s decision, prohibition exclusive to Comelec?
resolution, order or ruling. But, it must first be filed in the Division
before the en banc takes cognizance through a motion for No, it is concurrent with the Supreme Court. But whichever takes
cognizance first exercises exclusive jurisdiction.
reconsideration.
TN: File a motion for reconsideration over the division’s decision to CONTUMACY POWERS
the en banc.
CONTUMACY POWERS
Roces v. HRET Power to cite in contempt
Facts: There was a pending case for disqualification which
incidents include motions to withdraw and to substitute. But the Q. Does the Comelec have the power of contumacy?
division did not promulgate on a date according to its notice to the
parties. Two days before the filing of the motion for
reconsideration, the en banc deleted the name of the candidate Filipinas Eng’g Machine
and denied the motions to withdraw and to substitute. Only as an incident to the exercise of its quasi-judicial functions.
Thus, the BoC did not canvass the votes of the candidate or the Q. What constitutes contempt?
substitute and proclaimed the winner even after only 6k out of Any violation of any final and executory decision, order or ruling of
120k votes were canvassed. the Commission.
Q. Can a manifest error be corrected after proclamation? A judgment or final order or resolution of the Commission on
Elections may be brought by the aggrieved party to the Supreme
Torres v. Comelec Court on certiorari under Rule 65.
Facts: Manifest error was corrected after proclamation upon the
request of the BoC. It was argued it is allowed only prior to TN: Findings of fact of the Comelec supported by substantial
proclamation because after proclamation, the Board of evidence is final and non-reviewable.
Canvassers loses jurisdiction.
Q. Are the decisions of the Comelec subject to judicial review? Reyes v. RTC
Yes, unless otherwise provided by the Constitution or by law, any In a petition for certiorari, motion for reconsideration may be
decision, order or ruling of the Comelec may be brought to the dispensed with under certain exceptions. It does not apply to
Supreme Court on certiorari by the aggrieved party within 30 days election cases where motion for reconsideration is mandatory by
from receipt. constitutional fiat.
Macud v. Comelec
In the discharge of its functions, the Comelec should not be
hampered with restrictions. It may err, so may the Supreme Court.
But it should be allowed considerable latitude in devising means
and methods to ensure a free, orderly and honest elections.
If the lower court were to arrogate unto itself the power to
disregard, suspend or contradict any order of the Comelec, that
constitutional body would be speedily reduced to impotence.
Gallardo v. Tabamo
Facts:
A candidate for governor filed a special civil action with the RTC
against his opponent to prohibit him from:
A. Pursuing certain public works projects
B. Releasing, disbursing or spending public funds for such
projects because it fell within the 45-day ban on public
works during the election period.
C. Hiring of hundreds of laborers is intended to buy votes
D. The RTC judge issued a temporary restraining order
Held:
RTC has no jurisdiction over violations of the Omnibus Election
Code and the related resolution issued by the Comelec. The
judiciary has no authority to participate in the enforcement of
election laws.