ELECTION LAW NOTES:

MARCH 19, 2022

ARTICLE V

Section 1.

Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law,
who are at least eighteen years of age, and who shall have resided in the Philippines for at least
one year, and in the place wherein they propose to vote, for at least six months immediately
preceding the election. No literacy, property, or other substantive requirement shall be imposed
on the exercise of suffrage.

Question:

Due to vote-buying, A bill was proposed by a congressman allowing only citizens of the Philippines who
have property amounting to P250,000 who can exercise their vote. Is the bill tenable?

Answer:

No, As provided in our Constitution, no literacy, property, or other substantive requirement shall be
imposed on the exercise of suffrage.

Question:

Is the right to vote a mandatory obligation?

Answer:

No, the exercise of suffrage is voluntary, you have the choice to exercise your right. As provided by our
Constitution, Suffrage may be exercised by all citizens of the Philippines

Question:

What are the qualifications for you to exercise your right to vote?

Answer: CAR (not Disqualified)

Citizenship

Age- at least 18 years of age

Residency -for at least 1 year, 6 months wherein they propose to votes

Question:

A Mayor started his campaign before the day of the election period. Is he allowed?
Answer:

No, Under the Election Law, the campaign periods shall not include the day before and the day of the
election.

Question:

Campaign Periods

Answer:

The period of the campaign shall be as follows:

1. Presidential and Vice-Presidential Election - 90 days;

2. Election of Members of the Batasang Pambansa and Local Election - 45 days; and

3. Barangay Election - 15 days

In case of special elections under Article VIII, Section 5, Subsection (2) of the Constitution, the campaign
period shall be forty-five days.

POSTPONEMENT OF ELECTION

Question:

A group of people violently entered the town before the election. Can they suspend the Election?

Answer:

No, they cannot suspend the Election. The violence must be Serious. As provided by the Election Code,
when for any serious cause such as violence, terrorism, loss or destruction of election paraphernalia or
records, force majeure, and other analogous causes of such a nature that the holding of a free, orderly
and honest election

Question:

Can the Commission postpone the election automatically without a verified petition?

Answer:

Yes, As provided by the Election Code, the Commission, motu proprio or upon a verified petition by any
interested party, and after due notice and hearing, whereby all interested parties are afforded equal
opportunity to be heard, shall postpone the election.

Question:
Distinguish postponement of election and Failure of Election.

Answer:

In postponement of the election, the declaration must be before the election period.

In Failure of the election, the declaration must be during the election period. You cannot declare it
before the election.

Question:

A court declared a failure of election. Is it valid?

Answer:

No, the court has no jurisdiction to declare a failure of election. Only the Commission has the exclusive
jurisdiction in declaring a failure of election.

March 26, 2022

Question: There are 3 mayoral candidates, a b c because of terrorism, several precincts were not able to
hold an election. After counting the registered voters who did not cast their votes, there are 40% of
100,000 registered voters did not cast their votes.

Answer:

All the law requires is that a winning candidate must be elected by a plurality of valid votes, regardless
of the actual number of ballots case. Hence, it is valid.

Question Suppose that the numbers 50%? Still Valid?

Answer:

Yes. You can still determine the valid votes in this case.

Question:

Is there a prescriptive period in filing a failure of election?

Answer:

There is no provision in the law that there is a prescription period in the filing of a petition to declare a
failure of election. The COMELEC has the discretion if the petition is cognizable or not.

Question:

What if one (1) year has already lapsed after the election?

Answer:

Hence, in this case, 1 year is already too late. It must be reasonably close to the election period.
SPECIAL ELECTION

Question:

When can be a Call for holding or continuation of the election not held, suspended or which resulted in a
failure to elect on a date?

Answer:

Under the Election Code, 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 or which resulted in a failure to elect but not later than thirty days after the cessation of the
cause of such postponement or suspension of the election or failure to elect.

So, 15, 28 pasok! hehe

Question:

When do you conduct a special election?

Answer:

When there is a permanent vacancy in President, Vice President, Congress.

Question:

What if the President died today? Who will assume his position?

Answer:

Vice-President

Question:

What if the Vice-President assumes the position of President for 4 years? Is he qualified to run as
President next election?

Answer:

Yes, he is still qualified since it is exactly 4 years. Our Constitution provides that No person who has
succeeded as President and has served as such for more than four years shall be qualified for election
to the same office at any time.

Question:

What if the Vice-President assumes the position of President for 4 years in his second term? Is he
qualified to run as President next election?
Answer:

Still, yes. By operation of law, the succession of the position is an interruption in the continuity of
service.

Question:

What is the effect of failure or suspension of Election?

Answer:

Question:

X is the elected Vice Mayor however he failed to take his oath for 7 months from the day of election.
Then, Y assumed the position of Vice Mayor. As between X and Y, who has the better right to the
position?

Answer:

Y. Under the Election Code, the office of any official elected who fails or refuses to take his oath of office
within six months from his proclamation shall be considered vacant, unless said failure is for a cause or
causes beyond his control.

Question:

When the special election is conducted when there is a vacancy in Senate?

Answer:

In case of such vacancy in the State, the special election shall be held simultaneously with the
succeeding regular election.

So, if there is one vacant position in Senate, in the succeeding election, 13 senators must be elected.

Question:

What are the Disqualifications?

Answer:

Any person who has been:

 declared by competent authority insane or incompetent,

 or has been sentenced by final judgment for subversion, insurrection, rebellion
 or for any offense for which he has been sentenced to a penalty of more than eighteen months
  or for a crime involving moral turpitude, shall be disqualified to be a candidate and to hold any
office, unless he has been given plenary pardon or granted amnesty.

Question:

What if a student in a state University has been charged with subversion, is he disqualified to run?

Answer:

No, there must be a final Judgment.

Question:

What if a decision was rendered in RTC convicting him with subversion, then he appeals in Court of
Appeals? Is he allowed to run?

Answer:

Yes, because in appealing the case to the CA, there is no final judgment rendered. Hence, he is still
qualified.

Question:

What are the crimes involving moral turpitude?

Answer:

List:

Adultery, concubinage, rape, arson, evasion of income tax, barratry, bigamy, blackmail, bribery, criminal
conspiracy to smuggle opium, dueling, embezzlement, extortion, forgery, libel, making fraudulent proof
of loss on insurance contract, murder, mutilation of public records, fabrication of evidence, offenses
against pension laws, perjury, seduction under the promise of marriage, estafa, falsification of public
document, and estafa thru falsification of public document

Question:

X is convicted today. After 5 years serving his sentence, he decided to run in the election. As a lawyer,
what will you advise?

Answer:

As a lawyer, X is still disqualified to run for any position after serving his sentence. Under the election
code, this disqualifications to be a candidate herein provided shall be deemed removed upon the
declaration by competent authority that said insanity or incompetence had been removed or after the
expiration of a period of five years from his service of sentence, unless within the same period he again
becomes disqualified.
Question:

What is the remedy in order for the disqualification may be removed?

Answer:

He must be given a plenary pardon or granted amnesty.

Also, after the expiration of a period of five years from his service of sentence

Question:

In Omnibus Election Code, the period of disqualification is 5 years. However, in the Local Government
Code, it is provided that the period of disqualification is 2 years. What Code will prevail?

Answer:

The Local Government Code will prevail for elective local positions. In national positions, still the
Omnibus Election Code.

Question:

X resigned from his current position because he was offered a position in the Government which is a
juicy position hehe xD so he accepted it. He was appointed by the President. Later, because of the
vacancy of his old position he wanted to assume it again. Decide.

Answer:

He has no right because abandoned his position.

Question:

Can a probationer run in an election?

Answer:

It depends. Assignment.

Next topic: President and Vice-President.

APRIL 23, 2022

Question:

Who is the National Board of Canvasser for the Election of President and Vice-President?

Answer:

Congress. Both Senate and House of Representatives.

Question:

Who shall be proclaimed and declared as elected President and Vice-President?

Answer:

The person who obtains the highest number of votes in President and Vice-President

Question:

What if in case of a tie?

Answer:

The Constitution provided for tie-breakers in cases of presidential and vice-presidential elections while
Omnibus election code BP 881, as amended provided for tie-breakers in the other election cases.

Under the Constitution, Article VII, Section 4, paragraph 5, “the person having the highest number of
votes shall be proclaimed elected, but in case two or more shall have all equal and highest number of
votes, one of them shall forthwith be chosen by the vote of a majority or all the Members of both
Houses of the Congress, voting separately.” Thus, in case of a tie for president and vice-president,
Congress, as the representative of the people, shall vote separately to break such tie

However, in Omnibus Election Code, majority of vote of all the Members of both Houses of the Congress
in session assembled.

Question:

What if majority of votes of the House of Representatives are different from the Senate?

Answer:

SENATE = 13 votes for BBM, 11 votes for Leni

HOR = 100 votes for BBM, 150 votes for Leni

BBM = 113

LENI = 162

When the number of votes of the Congress will combine, Leni has the highest number of votes hence
she will be declared as elected President of the Philippines.
Sabi sa consti "chosen by the vote of a majority of all the Members of both Houses of the Congress".
Hindi naman sinabi na "chosen by the vote of a majority of all the Members of EACH Houses of the
Congress" – Khyle during recitation (closest answer)

Question:

What if 82 Million votes for Isko, 81 Million votes for Leni and BBM. How will you break the tie?

Answer:

No need to break the tie. Isko will be declared as elected President because he has the highest number
of votes.

NOTE: However, in the case of other officials as provided for under our Omnibus Election Code, Section
240, in cases where two or more candidates have received an equal and highest number of votes, or in
cases where two or more candidates are to be elected for the same position and two or more
candidates received the same number of votes for the last place in the number to be elected, the board
of canvassers shall proceed to the drawing of lots of the candidates who have tied and shall proclaim as
elected the candidates who will be favored by luck. (Applies only to Local Election not National Election)

Question:

The first election was held on 1990. There are 24 senators elected during the election.

Answer:

The first 12 senators will have 6 years of term, the other 12 who has the lowest votes will have 3 years.
To have no hiatus in the government electoral service.

Question:

1 Senator was died prior 2 years before the expiration of his term. When will the special election be
called?

Answer:

- In case a vacancy arises in the Congress 1 year before the expiration of his term, the Commission shall
call a special election to be held within sixty- 90 days after the vacancy occurs to elect the Member to
serve the unexpired term. It shall be held simultaneously with the succeeding regular election.

There is one question that I did not follow and also it is not answered during the class.

Question:

Answer:
CASES TO BE READ:

Montebon v. COMELEC 551SCRA50

Socrates v. COMELEC

Lozanda v. COMELEC

Alduvino v. COMELEC

Ong v. Alegre
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