I.
Election, defined
Garchitorena v. Crescini, 39 Phil.
258 (1918)
“In democracies the people,
combined, represent the sovereign
power of the State.
Their sovereign authority is
exercised through the ballot, of the
qualified voters, in duly appointed
elections held from time to time, by
means of which:
A. they choose their officials for
definite and fixed period; and
B. To whom they entrust, for the time
being, as their representatives, the
exercise of the powers of the
government.”
II. Election, purpose
Lino Luna v. Rodriguez, 39 Phil. 208,
1918
“The purpose of an election is to give
the voters a direct participation in the
affairs of their government, either in:
A. Determining who shall be their
public officials or in deciding some
question of public interest; and
B. For that purpose all of the legal
voters should be permitted,
unhampered and unmolested, to
cast their ballot.
III. Election laws, purpose
Rullado vs. Comelec, 257 SCRA 727
(1996)
“The purpose of election laws is to
give effect to, rather than frustrate,
the will of the voters.
It is a solemn duty to uphold the
clear and unmistakable mandate of
the people.
It is well settled that in case of doubt,
political laws must be so construed
as to give life and spirit to the
popular mandate freely expressed
through the ballot.”
IV. Election laws, construction
Frivaldo vs. Comelec, 257 SCRA
727 (1996)
“In case of doubt, election laws are
liberally and construed in favor of the
sovereign 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 understood
legalisms.
xxx
In case of doubt in the interpretation
or application of laws, it is to be
presumed that the law-making body
intended right and justice to prevail.
xxx
This Court as time and again
liberally and equitably construed the
electoral laws of our country to give
fullest effect to the manifest will of
our people.
… in case of doubt, political laws
must be interpreted to give life ad
spirit to the popular mandate freely
expressed through the ballot.
Otherwise stated, legal niceties and
technicalities cannot stand in the
way of the sovereign will.”
V. Election, classified
V - A. Regular election.
SK election is not a regular election
Paras vs. Comelec, 264 SCRA 49
(1996) - Concurring opinion of
Justice Davide, Jr.
“The term ‘regular election’ must be
confined to the regular election of
elective local officials, as
distinguished from the regular
election of national officials.
xxx
Indeed the Sangguniang Kabataan
is nothing more than a youth
organization, and although fully
recognized in the Local Government
Code and vested with certain powers
and functions, its elective officials
have not attained the status of local
elective officials.
In Mercado vs. Board of Election
Supervisor, this court ruled that
although SK Chairman is an ex-
officio member of the Sangguniang
Barangay (an elective body) that fact
does not make him ‘an elective
barangay official’ since the law
specifically provides who
compromise the elective officials of
the Sangguniang Barangay, vic., the
punong barangay and the seven
sangguniang barangay members
elected at large by those qualified to
exercise the right to suffrage under
Article V of the Constitution, who are
likewise registered voters of the
barangay.”
Section 4, Chapter II, RA 10742
Sangguniang Kabataan Reform Act
of 2015
“Section 4. Katipunan ng Kabataan. -
There shall be in every barangay a
Katipunan ng Kabataan to be
composed of all citizens of the
Philippines in the barangay for at
least 6 months, who are:
A. At least 15 but not more than 30
years old; and
B. Duly registered in the list of the
Commission on Elections
(COMELEC) and/or record of the SK
Secretary.
V - B. Special Election to fill out
vacancy
Article 1, Section 7, Omnibus
Election Code
1. In case of vacancy in Batasang
Pambansa (18 months or more
before a regular election) -
COMELEC shall call a special
election to be held within 60 days -
to serve the unexpired term;
2. In case of the dissolution of the
Batansang Pambansa - President
shall call an election to be held not
earlier than 45 days nor later than 60
days;
Article 2, Section 7, Omnibus
Election Code - Special Election for
President and VP
1. At ten o’clock in the morning of
the 3rd day after the vacancy occurs,
the Batasang Pambansa shall
convene in accordance with its rules
without need of a call; and
2. Within 7 days, Batasang
Pambansa shall enact law calling for
a special election to elect a
President and VP to be held not
earlier 45 days nor later than 60
days from the time of such call.
The bill calling such election shall
become law upon its approval on
3rd reading by the Batasang
Pambansa.
Article 12, Section 121, Omnibus
Election Code - Preparation of the
list of voters before any special
election, plebiscite or referendum
- The Board of election inspectors of
each election precinct shall hold a
meeting in the polling place on the
2nd Saturday following the day of the
proclamation calling such election.
At this meeting, the board shall
transfer the names of the voters
appearing in the list in the preceding
election and enter those of the
newly registered voters.
Article 12, Section 121, Preparation
of the list of voters before any
special election, plebiscite or
referendum
- On the 7th and 6th Saturdays before
a regular election; or
- On the 2nd Saturday following the
day of the proclamation calling for a
new special election, plebiscite or
referendum
- Any person desiring to be
registered as a voter shall
accomplish in triplicate before the
board or election inspectors a
voter’s affidavit in which shall be
stated the following data:
A. Name, surname, middle name,
maternal surname;
B. Date and place of birthd;
C. Citizenship;
D. Period of residence in the
Philippines and in the place of
registration;
E. Exact address (with the name of
the street and house number - or in
case there is none, a brief
description of the locality and the
place;
F. A statement - that applicant has
not been previously registered
(otherwise he shall be required to
attach a sworn application for
cancellation of his previous
registration;
G. Such other information or data
which may be required by the
Commission.
V - C. Special Election after failure
of election.
Lucero vs. Comelec, 234 SCRA 280
(1994)
“There are, therefore, two requisites
for the holding of special elction
under Section 6 of the Omnibus
Election Code, viz, that:
1. There is failure of election; and
2. Such failure would affect the
results of the election.
The parties admit that the failure of
the election in Precinct No. 13 was
due to ballot-box snatching and do
not dispute the finding of the
COMELEC as to the necessity and
inevitability of the holding of a
special election in said precinct,
even if the result of Precinct No. 7
should be based on the questionable
“Comelec Copy” of its election
returns.
xxx
Two requirements for special
election under Section 6 of the
Omnibus Election Code:
1. (Involves questions of fact) - It
should not be later than 30 days
after the cessation of the cause of
the postponement or suspension of
the election or failure to elect; and
2. (Must be determined in the light of
the peculiar circumstances of a
case) - It should be reasonably
close to the date of the election not
held, suspended, or which resulted
in failure to elect.

VI. Systems of Election
VI-A. Manual System of election
BP 881 or the Omnibus Election
Code
Campaign Period
1. 90 days: Presidential and Vice-
Presidential;
2. 45 days: Members of the
Batasang pambansa and Local
Election;
3. 15 days: Barangay Election
The campaign period shall not
include the day before and the day
of election.
Special Election
45 Days
VI-B, Automated system of
Election
RA 8436 as amended by RA 9369
- An act authorizing the COMELEC
to use an automated election system
in the May 11, 1998 National or
Local Elections and subsequent
National and Local electoral
exercises, providing funds therefor
and for other purposes.
Automated election system - using:
A. Appropriate technology: for
voting;
B. Electronic device: to count votes
and canvass / consolidate results.
Counting Machine
- uses and optical scanning (or any
similar advanced technology to
count ballots)
Election returns
- a machine-generated document
- shows the:
A. Date of the election;
B. Province, municipality;
C. Precinct in which it is held;
D. Votes in figure for each candidate
Copies of Election returns
- shall be sealed and placed in the
proper envelopes for distribution as
follows:
For President, VP, Senator and
party-list system:
1. First copy - city/municipality of
board of canvassers;
2. Second copy - Congress, directed
to the President of the Senate;
3. Third Copy - COMELEC
4. Fourth - Citizens’ Arm (authorized
by COMELEC to conduct an
“unofficial count”);
5. Fifth copy - dominant majority
party (determined by COMELEC in
accordance with law);
6. Sixth copy - dominant minority
party;
7. Seventh copy - deposited inside
the compartment of the ballot box for
valid ballots.
For local officials and members of
the House of Representatives:
1. Same as above;
2. Second copy - COMELEC;
3. Third copy - Provincial Board of
Canvassers;
4 , 5 , 6 and 7 - same as above.
Statement of votes
- a machine-generated document
- containing:
A. Votes obtained by candidates in
each precinct in a city/municipality

City/municipal/district/provincial
certificate of canvass of votes
- a machine-generated doc
- containing:
A. Total votes in figures obtained by
each candidate in a
city/municipality/district/ province
Counting center
- A public place designated by
COMELEC;
- where counting of votes and
canvassing/ consolidation of results
shall be conducted.
Special members of the Board of
Election Inspectors:
A. Of good moral character and
irreproachable (blameless)
reputation;
B. A registered voter;
C. Never been convicted of any
election offenses or of any crime by
more than 6 more than imprisonment
or if he/she has pending against
him/her an information for any
election offense;
D. Not related within the fourth
degree of consanguinity or affinity to
any:
1. member of the board of election
inspectors;
2. Special Member of the same
board of Election inspectors;
3. Candidate for a national position;
4. Nominee as a party list
representative or his/her spouse
Special members shall enjoy the
same rights and be bound by the
same limitations and liabilities of a
regular members of the board of
election inspectors but shall not vote
during the proceedings of the board
of election inspectors except on
matter pertaining to the national
ballot.
Board of Canvassers
- For purposes of the May 11, 1998
elections: 2 board of canvassers (1
for manual election / 1 for automated
system)
Joint Custody and accountability of
ballots
- Election officer and treasurer of the
City/Municipality (as deputy of the
Commission)
- Ballot boxes shall not be opened
for 3 months unless the Commission
orders otherwise.
Substitution of Chairman and
Members of the Board of
Canvassers
- The Commission shall a appoint a
a substitute, a ranking lawyer of the
Commission
VII. Constitutional basis for
election
1987 Constitution, Article II, Section
1
Article 2. - Declaration of Principles
and State Policies
“Section 1. The Philippines is a
democratic and republican State.
Sovereignty resides in the people
and all government authority
emanates from them.”
VIII. Elective officials, enumerated
1987 Constitution, Article VII,
Sections 1 and 3
-Section 1: President of the
Philippines;
- Section 3: VP (may be appointed
as Cabinet Member, which requires
no confirmation)
1987 Constitution, Article VI -
Legislative Department, Sections 2 &
5 (1&2)
Section 2. Senate shall be
composed of 24 Senators - elect at
large
Section 5.1. House of
Representatives - composed of NOT
more than 250 members (unless
otherwise fixed by law)
Section 5.2. Party-list
representatives - shall constitute
20% of the total number of
representative (including those
under the party list)
From the sectors of:
- Labor;
- Peasant;
- Urban Poor;
- Indigenous cultural communities;
- Women;
- Youth; and
- Such other sector as may be
provided by law (except the religious
sector)
1987 Constitution, Article X- Local
Government , Sections 1, 15, 18 and
19
Section 1. Territorial and political
subdivisions of the Republic of the
Philippines:
- Provinces;
- Cities;
- Municipalities; and
- Barangays.
There shall be autonomous regions
in:
- Muslim Mindanao
- Cordilleras
Section 15. Autonomous Region -
There shall be created autonomous
regions in Muslim Mindanao and in
the Cordilleras consisting of:
- Provinces;
- Cities;
- Municipalities, and
- Geographical areas
… sharing common and distinctive
historical and cultural heritage,
economic and social structures, and
other relevant characteristic (within
the framework of this Constitution)
Section 18. Congress to enact an
organic act for each autonomous
regions - with assistance and
participation of the “regional
consultative commission”
composed of:
- Representatives appointed by the
President from a list of nominees
from multisectoral bodies.
Creation effectivity - when approve
by the Majority of the votes cast,
provided that only the provinces,
cities, and geographical areas voting
favorably shall be included in the
autonomous region.
Section 19. The first Congress
elected under this Constitution -
within 18 months, shall pass the
organic acts for the autonomous
regions
RA 11054 or the Organic Law for the
Bangsamoro Autonomous Region in
Muslim Mindanao
Council of Leader
A. Chief minister as head of the
council;
B. Members of the Congress of the
Philippines - from the Bangsamoro
Autonomous Region;
C. Provincial Governor, and mayors
of chartered cities in Bangsamoro
Autonomous Region;
D. Representative of traditional
leaders, non-Moro indigenous
communities (outside of the
Bangsamoro communities - outside
the Bangsamoro Autonomous
Region); and
E. Representatives of other sectors.
RA 6766 or the Organic Act for CAR
Article 6, Section 1. Executive power
shall be vested in a Cordilera
Governor - elected at large
Section 2. Qualification:
1. At least 35 years of age;
2. Able to read and write;
3. Registered voter;
4. Actual resident thereof for a
period of not less than 5 years
immediately preceding the day of
election.
Section 3. Cabinet Member
- six , at least 4 of whom shall
preferably come from indigenous
cultural communities.
Ordillo vs. Comelec
“The sole province of Ifugao cannot
validly constitute the Cordiller
Autonomous Region.
xxx
The keywords - provinces, cities,
municipalities and geographical
areas connote that ‘region’ is to be
made up of more than one
constituent unit.”
Local Government Code of 1991,
Section 39
A. An elective officials must be:
- a citizen of the Philippines;
- registered voter in political
unit/district where he intends to be
elected;
- a resident therein for at least one
year immediately preceding the day
of the election; and
- able to read and write.
B. Governor, Vice-Gov, Sanggunian
Panlalawigan, Mayor, Vice-Mayor,
Sangguniang Panlungsod of highly
urbanized cities must be at least:
- at least 21 years old on election
day
C. Sangguniang Panlungsod /
Bayan:
- at least 18 years old on election
day
D. Sangguniang Kabataan
IX. President
VP succeeding to Presidency vs.
VM succeeding to Mayorship:
“For their part, the electors likewise
choose as VP the candidate who
they think can fill the Presidency in
the event it becomes vacant.
Hence, service in the Presidency for
more than four years may rightly be
considered as service for a full term.”
“This is not so in the case of the
Vice-Mayor. Under the LGC, he is
the presiding officer of the
Sanggunian and he appoints all
officials and employees of such
local assembly.
His assumption of the mayorship in
the event of vacancy is more a
matter of chance than of design.”
Age and residence requirements
of the President
- at least 40 years old
- 10 years immediately preceding the
elections.
NATURAL-BORN FILIPINO
- without having to perform any act
to acquire or perfect their
Philippine citizenship.
- Those born before January 17,
1973, of Filipino mothers, who
elect Philippine Citizenship upon
reaching the age of majority
Fornier v. Comelec
Since FPJ has first seen light under
the 1935 Constitution which confers
citizenship to all persons whose
fathers are Filipino citizens
regardless of whether such children
are legitimate or illegitimate, he is a
naturalborn Filipino because he did
not need to perform any act to
acquire or perfect his Filipino
citizenship.
FOUNDLING AS NATURAL-BORN
Poe vs. Comelec, GR221697
Under Article IV, Section 2 "Natural-
born citizens are those who are
citizens of the Philippines from birth
without having to perform any act to
acquire or perfect their Philippine
citizenship."
In the first place, "having to perform
an act" means that the act must be
personally done by the citizen. In this
instance, the determination of
foundling status is done not by the
child but by the authorities.
Secondly, the object of the process
is the determination of the
whereabouts of the parents, not the
citizenship of the child.
Lastly, the process is certainly not
analogous to naturalization
proceedings to acquire Philippine
citizenship, or the election of such
citizenship by one born of an alien
father and a Filipino mother under
the 1935 Constitution, which is an
act to perfect it.
xxx
Foundlings are likewise citizens
under international law. Under the
1987 Constitution, an international
law can become part of the sphere
of domestic law either by
transformation or incorporation.
The transformation method requires
that an international law be
transformed into a domestic law
through a constitutional mechanism
such as local legislation.
n the other hand, generally accepted
principles of international law, by
virtue of the incorporation clause of
the Constitution, form part of the
laws of the land even if they do not
derive from treaty obligations.
Generally accepted principles of
international law include international
custom as evidence of a general
practice accepted as law, and
general principles of law recognized
by civilized nations.
xxx
Article 14 of the 1930 Hague
Convention on Certain Questions
Relating to the Conflict of Nationality
Laws under which a foundling is
presumed to have the "nationality of
the country of birth.
xxx
The principle that a foundling is
presumed born of citizens of the
country where he is found, contained
in Article 2 of the 1961 United
Nations Convention on the
Reduction of Statelessness
RESIDENCE, DEFINED
Marcos v. Comelec
it is the fact of residence, not a
statement in the COC that is
decisive whether an individual
satisfies the residence requirement.
Domicile means the individual’s
permanent home, a place to which
whenever absent for business or
pleasure, one intends to return.
An individual does not lose his
domicile even if he has maintained
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.
RESIDENCE,EVIDENCE OF
Domino v. Comelec
The principal elements of domicile,
physical presence in the locality
involved and intention to adopt it
as a domicile, must concur in order
to establish a new domicile.
Domino lacked the intention to
abandon his residence in QC as he
registered there as a voter (then just
had it cancelled by a MeTC to effect
transfer to Sarangani).
While voting is not conclusive of
residence, it does give rise to a
strong presumption of residence
especially in this case where
DOMINO registered in his former
barangay.
PERIOD OF RESIDENCE
Poe vs Comelec, GR 221697, March
8, 2016
“ Presidential candidacy has a
length-of-residence different from
that of a senatorial candidacy.
There are facts of residence other
than that which was mentioned in
the COC for Senator. Such other
facts of residence have never been
proven to be false, and these, to
repeat include:
xxx
The standing jurisprudence - it is the
fact of residence, not the statement
of the person that determines
residence for purposes of
compliance with the constitutional
requirement of residency for election
as President.
RESIDENCE REQUIREMENT,
RATIONALE
Torayno v. Comelec, 337 SCRA 574
We stress that the residence
requirement is rooted in the desire
that officials of districts or localities
be acquainted not only with the
metes and bounds of their
constituencies but, more important,
with the constituents themselves --
their needs, difficulties, aspirations,
potentials for growth and
development, and all matters vital to
their common welfare.
The requisite period would give
candidates the opportunity to be
familiar with their desired
constituencies, and likewise for the
electorate to evaluate the former's
qualifications and fitness for the
offices they seek.
PROPERTY QUALIFICATION
Maquera vs. Borra, GR L-24761
The Constitution, in providing for the
qualification of Congressmen, sets
forth only age, citizenship, voting
and residence qualifications. No
property qualification of any kind is
thereunder required.
Since the effect of Republic Act
4421 is to require of candidates for
Congress a substantial property
qualification, and to disqualify those
who do not meet the same, it goes
against the provision of the
Constitution which, in line with its
democratic character, requires no
property qualification for the right to
hold said public office.
xxx
That said property qualifications are
inconsistent with the nature and
essence of the Republican system
ordained in our Constitution and the
principle of social justice underlying
the same, for said political system is
premised upon the tenet that
sovereignty resides in the people
and all government authority
emanates from them, and this, in
turn, implies necessarily that the
right to vote and to be voted for shall
not be dependent upon the wealth of
the individual concerned, whereas
social justice presupposes equal
opportunity for all, rich and poor
alike, and that, accordingly, no
person shall, by reason of poverty,
be denied the chance to be elected
to public office.
X. Vice- President
The Vice-President shall have the
same qualifications and term of
office and be elected with and in the
same manner as the President.
He may be removed from office in
the same manner as the President.
No Vice-President shall serve for
more than two successive terms.
VICE-PRESIDENT, HOW
ELECTED, TERM OF OFFICE AND
TERM LIMIT 1987 Constitution, Art.
7, Section 4
The President and the Vice-
President shall be elected by direct
vote of the people for a term of six
years which shall begin at noon on
the thirtieth day of June next
following the day of the election and
shall end at noon of the same date
six years thereafter.
…...The person having the highest
number of votes shall be proclaimed
elected, but in case two or more
shall have an equal and highest
number of votes, one of them shall
forthwith be chosen by the vote of a
majority of all the Members of both
Houses of the Congress, voting
separately.
PRESIDENTIAL SUCCESSION, IN
CASE OF VACANCY AT THE
START OF TERM
1987 Constitution, Art. 7, Section 7

The President-elect and the Vice-

President-elect shall assume office
at the beginning of their terms.

Where no President and Vice-

President shall have been chosen or
shall have qualified, or where both
shall have 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 Vice-
President shall have been chosen
and qualified.

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 Vice-President
shall have qualified, in case of death,
permanent disability, or inability of
the officials mentioned in the next
preceding paragraph.

PRESIDENTIAL-ELECT VS.
PRESIDENT