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POLITICAL PARTIES
Multi-Party System
A free and open party system shall be allowed to evolve according to the free choice
of the people, subject to the provisions of this Article. [Sec. 6, Art. IX-C, 1987
Constitution]
Political Parties, Organizations, or Coalitions
1) No votes cast in favor of a political party, organization, or coalition shall be valid,
except for those registered under the party-list system as provided in this
Constitution. [Sec. 7, Art. IX-C, 1987 Constitution]
2) Political parties, or organizations or coalitions registered under the party-list
system, shall not be represented in the voters’ registration boards, boards of election
inspectors, boards of canvassers, or other similar bodies. However, they shall be
entitled to appoint poll watchers in accordance with law. [Sec. 8, Art. IX-C, 1987
Constitution]
Definitions
1) Party. A party means either a political party or a sectoral party or a coalition of
parties. [Sec. 3(b), RA 7941]
2) Political Party. A political party refers to an organized group of citizens
advocating an ideology or platform, principles and policies for the general conduct of
government and which, as the most immediate means of securing their adoption,
regularly nominates and supports certain of its leaders and members as candidates for
public office. [Sec. 3(c), RA 7941]
3) National Party. It is a national party when its constituency is spread over the
geographical territory of at least a majority of the regions. [Sec. 3(d), RA 7941]
4) Regional Party. It is a regional party when its constituency is spread over the
geographical territory of at least a majority of the cities and provinces comprising the
region. [Sec. 3(d), RA 7941]
5) Sectoral Party. A sectoral party refers to an organized group of citizens belonging
to any of the sectors enumerated in Section 5 hereof whose principal advocacy
pertains to the special interests and concerns of their sector. [Sec. 3(e), RA 7941]
Sectoral Party - An organized group of citizens whose principal
advocacy pertains to the special interests and concerns of the following
sectors: 1. Labor 2. Fisher folk 3. Peasant 4. Urban poor 5. Indigenous
6. Cultural communities 7. Youth 8. Women 9. Handicapped 10.
Elderly 11. Overseas workers 12. Veterans 13. Professional workers
(R.A. No. 7941)
4BLUE 95. Take note that the list of marginalized sectors is not
exclusive. [Ang Bagong Bayani-OFW Labor Party v. COMELEC, G.R.
No. 147589, Jun. 26, 2001]
6) Sectoral Organization. A sectoral organization refers to a group of citizens or a
coalition of groups of citizens who share similar physical attributes or characteristics,
employment, interest or concerns. [Sec. 3(f), RA 7941]
7) Coalition. A coalition refers to an aggrupation of duly registered national,
regional, sectoral parties or organizations for political and/or election purposes. [Sec.
3(g), RA 7941]
CONGRESS CANNOT PROVIDE FOR A TWO-PARTY SYSTEM
BECAUSE:
1. This violates the freedom of association as provided in the Bill of
Rights.
2. The Constitution mandates that the Philippine party system shall be
multi-party, open and free.
COMELEC JURISDICTION OVER POLITICAL PARTIES
Necessity of Registration
To acquire juridical personality, to qualify for accreditation, and to be entitled to the rights
of political parties, a political party must be registered with COMELEC. (Omnibus Election
Code, § 20.)
Registration and Accreditation
a. Registration is the act that bestows juridical personality for purposes of our election laws;
accreditation , on the other hand, relates to the privileged participation that our election laws
grant to qualified registered parties.
b. Accreditation can only be granted to a registered political party, organization or coalition;
stated otherwise, a registration must first take place before a request for accreditation can be
made. Once registration has been carried out, accreditation is the next natural step to follow
(Magdalo Para sa Pagbabago v. COMELEC, G.R. No. 190793, Jun. 12, 2012).
COMELEC has the power to:
• Register political parties, organizations, or coalitions, and the authority to cancel the same
on legal grounds
• En Banc has the authority to direct a hearing be conducted on the petition for cancellation
of registration of the party list. However, HRET has the jurisdiction for contest relating to
the qualifications of nominee or representative. (Alliance for Barangay Concerns Party List
v. COMELEC, G.R. No. 193256, Mar. 22, 2011)
Issue of validity or invalidity of the expulsion
The validity or invalidity of the expulsion of a political party’s officers is purely a
membership issue that has to be settled within the party. It is an internal party matter over
which COMELEC has no jurisdiction. It may intervene in disputes internal to a party only
when necessary to the discharge of its constitutional functions, such as resolving an
intraparty leadership dispute as an incident of its power to register political parties. (Atienza
v. COMELEC, G.R. No. 188920, Feb. 16 2010; Alcantara v. COMELEC, G.R. No. 203646,
Apr. 16, 2013)
The following political parties cannot be registered
Religious sects
Those which seek to achieve their goals through Unlawful means
Those which refuse to adhere to the Constitution
Those which are supported by any Foreign government.. (PHIL CONST., art.
IX-C, § 2(5).)
Effect when party fails to obtain at least 10% votes case in constituency
Registration will be forfeited when at least 10% of the votes cast in the constituency in
which it nominated candidates is not obtained. (Omnibus Election Code, § 60.)
Criteria to Determine Type of Political Party :
• Established Record of said parties showing in past elections
• Number of Incumbent elective officials
• Identifiable political Organizations and strengths
• Ability to fill and complete slate of candidates
• Other analogous circumstances (R.A. No. 7166, § 26.)
Types of Parties:
1. Non-Registered Parties
2. Registered Parties
a. Dominant Majority — Entitled to a copy of ER
b. Dominant Minority — Entitled to a copy of ER
c. Top 3 — Entitled to appoint a principal watcher and a copy of the COC
d. Bottom 3 — Entitled to appoint a principal watcher
4BLUE 95. COMELEC may not, through a resolution setting the deadline for registration of
political parties, differentiate between political parties, on the one hand, and political
organizations and coalitions, on the other. There is no substantial distinction among these
entities germane to the act of registration that would justify creating distinctions among
them in terms of deadlines. A petition for registration as a political coalition filed beyond
that deadline is timebarred, and the COMELEC resolution granting that petition constitutes
grave abuse of discretion. (Liberal Party v. COMELEC, G.R. No. 191771, May 6, 2010)

THE PARTY-LIST SYSTEM
The party-list system is a mechanism of proportional representation in the
election of representatives to the House of Representatives from national,
regional and sectoral parties or organizations or coalitions thereof registered
with the Commission on Elections (COMELEC). Component parties or
organizations of a coalition may participate independently provided the
coalition of which they form part does not participate in the party-list system.
[Sec. 3(a), RA 7941]
Aims and Purposes:
1. Broaden the base of candidates
2. Encourage multi-party system
3. Ensure party loyalty
4. Promote proportional representation
Registration as a Party-List
Any organized group of persons may register as a party, organization or coalition for
purposes of the party-list system by filing with the COMELEC not later than ninety
(90) days before the election a petition verified by its president or secretary stating its
desire to participate in the party-list system as a national, regional or sectoral party or
organization or a coalition of such parties or organizations, attaching thereto its
constitution, by-laws, platform or program of government, list of officers, coalition
agreement and other relevant information as the COMELEC may require: provided,
that the sectors shall include labor, peasant, fisherfolk, urban poor, indigenous
cultural communities, elderly, handicapped, women, youth, veterans, overseas
workers, and professionals.
The COMELEC shall publish the petition in at least two (2) national newspapers of
general circulation. The COMELEC shall, after due notice and hearing, resolve the
petition within fifteen (15) days from the date it was submitted for decision but in no
case not later than sixty (60) days before election. [Sec. 5, RA 7941]
Qualifications of a Party-List Nominee :
• A natural-born Citizen of the Philippines A registered Voter
• A Resident of the Philippines for a period of not less than 1 year immediately
preceding the election day
• Able to read and write
• A Bona fide member of the party he seeks to represent for at least 90 days
preceding election day (need not be marginalized persons)
• At least 25 years of age on election day. (RA 7166, § 9.)
In case of the youth sector, he must be at least 25 but not more than 30 years of
age on the day of the election. Any youth sectoral representative who reaches
the age of thirty 30 during his term shall be allowed to continue in office until
the expiration of his term.
A list with 5 names should be submitted to COMELEC as to who will represent
the party in the Congress. Ranking in the list submitted determines who shall
represent party or organization.
Section 15 of RA 7941 provides that a nominee of a sectoral party who changes
his sectoral affiliation within the same party is not eligible for nomination under
the new sectoral affiliation, unless such change occurred at least six months
before the elections. Section 15 clearly covers changes in both political party
and sectoral affiliation within the same party. (Amores v. HRET, G.R. No.
189600, Jun. 29, 2010).
Disqualification of Party-Lists:
1. Foreign party or organization
2. Receives Foreign support
3. Advocates Violence
4. Violates election laws
5. Religious sect, denomination, organization
6. Ceased to exist for at least 1 year
7. Failed to Obtain at least 2% of the votes cast under the party-list system in
the 2 preceding elections
8. Failed to Participate in the last 2 preceding elections
9. Untruthful Statements in its petition
Cancellation of registration of a party list may be done by the COMELEC motu
proprio or upon verified complaint of any interested party after due notice and
hearing.
Moral disapproval is not a sufficient governmental interest to justify exclusion
of homosexuals from participation in the party-list system. (Ang Ladlad LGBT
Party v. COMELEC, G.R. No. 190582, Apr. 8, 2010.)
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UNIQUE CHARACTERISTICS OF THE PHILIPPINE PARTYLIST
SYSTEM:
Only In-House
• The proportional representation or party-list system is only available in the
House of Representatives.
• Plurality formula is used for other elective officials.
The 20% Allocation — The combined number of all party-list representatives shall
not exceed 20% of the total membership of the House of Representatives, including
those elected under the party list. However, this only prescribes a ceiling and is not
considered mandatory.
Two Votes
1. 1st vote — For the district representative
2. 2nd vote — For the party-list representative (but it is the name of the party that is
indicated in the ballot)
The 2% Threshold and 3-Seat Limit
1. The parties shall be ranked from the highest to lowest based on the number of
votes they garnered.
2. To be entitled to one qualifying seat, a party must obtain 2% of the total
ballots cast for qualified party-list candidates.
3. Votes cast for a party which is not entitled to be voted for should not be
counted. The votes they obtained shall be deducted from the canvass of the total
votes for the partylist.
4. Rounding-off is not allowed.
5. Parties other than the 1st party (the party that obtained the highest number of
votes based on plurality) may be entitled to additional seats based on the
following formula:
4BLUE 95. Each party is shall be entitled to not more than three sets.
The two percent threshold in computing for the additional seats is
UNCONSTITUTIONAL.
The continued application of the two percent threshold in the application of
additional seats in proportion to their total number of votes until all the additional
seats will frustrate the attainment of the permissive ceiling that twenty percent of the
members of the house of representatives shall consist of party-list representatives.
(BANAT v. COMELEC, G.R. No. 179271, Apr. 21, 2009)
The Rule of Law Has Confirmed the Substantial Distinction Between 2-
Percenters and Non-2- Percenters.
The distinction between twopercenters and non-two-percenters has long been settled
in Veterans Federation Party v. COMELEC (Veterans) where the Court affirmed the
validity of the 2% voting threshold. Veterans effectively segregates and distinguishes
between the two (2) classes, twopercenters and non-two-percenters. It explains the
rationale behind the voting threshold and differential treatment, viz.: The two percent
threshold is consistent not only with the intent of the framers of the Constitution and
the law, but with the very essence of "representation." Under a republican or
representative state, all government authority emanates from the people, but is
exercised by representatives chosen by them. But to have meaningful representation,
the elected persons must have the mandate of a sufficient number of people.
Otherwise, in a legislature that features the party-list system, the result might be the
proliferation of small groups which are incapable of contributing significant
legislation, and which might even pose a threat to the stability of Congress. Thus,
even legislative districts are apportioned according to "the number of their respective
inhabitants, and on the basis of a uniform and progressive ratio" to ensure meaningful
local representation. [ANGKLA: Ang Partido ng mga Pilipinong Marino, Inc. v.
Commission on Elections, G.R. No. 246816, [September 15, 2020]
DELISTING
The law provides for 2 separate reasons for the delisting of any national, regional or
sectoral party organization or coalition. Section 6(8) of the Party - List System Act
provides that the COMELEC may motu proprio or upon verified complaint of any
interested party, remove or cancel, after due notice and hearing, the registration of
any national, regional or sectoral party organization or coalition.
The grounds are:
(a) If it fails to participate in the last two (2) preceding elections; or
(b) Fails to obtain at least two per centum (2%) of the votes cast under
the party list system in the two (2) preceding elections for the
constituency in which it was registered (Philippine Guardians
Brotherhood, Inc. (PGBI) v. COMELEC, G.R. No. 190529, Apr. 29,
2010)

ELECTION CAMPAIGN
IN GENERAL: Election Campaign - The term "election campaign" or "partisan
political activity" refers to an act designed to promote the election or defeat of a
particular candidate or candidates to a public office, (Omnibus Election Code, § 79.)
SPECIFICALLY: The term "election campaign" or "partisan political activity" shall
include any of the following:
(1) Forming organizations, associations, clubs, committees or other groups of
persons for the purpose of soliciting votes and/or undertaking any campaign
for or against a candidate;
(2) Holding political caucuses, conferences, meetings, rallies, parades or
other similar assemblies for the purpose of soliciting votes and/or
undertaking any campaign or propaganda for or against a candidate;
(3) Making speeches, announcements or commentaries, or holding interviews
for or against the election of any candidate for public office;
(4) Publishing or distributing campaign literature or materials designed to
support or oppose the election of any candidate; or
(5) Directly or indirectly soliciting votes, pledges or support for or against
any candidate.
The foregoing enumerated acts if performed for the purpose of enhancing the
chances of aspirants for nomination for candidacy to a public office by a
political party, aggroupment, or coalition of parties shall not be considered as
election campaign or partisan election activity. [Sec. 79(b), OEC; Sec. 1(1),
COMELEC Resolution No. 9615 s. 2013]
Campaign Period
1. President, vice president and senators – 90 days before election day
2. Congressmen, provincial, city and municipal officials– 45 days before election day
(R.A. No. 7166, § 5.)
As a general rule, the period of election starts at ninety (90) days before and ends
thirty (30) days after the election date pursuant to Section 9, Article IX-C of the
Constitution and Section 3 of BP 881. This rule, however, is not without exception.
Under these same provisions, the COMELEC is not precluded from setting a period
different from that provided thereunder. (Aquino vs. COMELEC, G.R. No. 211789-
90, Mar. 17, 2015.)
4BLUE 95. Not every act of beneficence from a candidate may be considered
campaigning. The term ―campaigning‖ should not be made to apply to any and every
act which may influence a person to vote for a candidate, for that would stretching too
far the meaning of the term. Examining the definition and enumeration of election
campaign and partisan political activity found in COMELEC Resolution No. 3636, the
COMELEC is convinced that only those acts which are primarily designed to solicit
votes will be covered by the definition and enumeration. The distribution of sports
items in line with the sports and education program of the province does not constitute
election campaigning since what is prohibited is the release of public funds within the
45-day period before election. (Pangkat Laguna v. COMELEC, G.R. 148075, Feb. 4,
2002.)
Valid Forms of Campaigning:
1. Forming organizations, associations, clubs, committees, or other groups of persons
for the purpose of soliciting votes and/ or undertaking any campaign for or against a
candidate.
2. Holding political caucuses, conferences, meetings, rallies, parades or other similar
assemblies for the purpose of soliciting votes and/ or undertaking any campaign or
propaganda for or against a candidate.
3. Making speeches, announcements or commentaries or holding interviews for or
against the election of any candidate for public office.
4. Publishing or distributing campaign literature or materials designed to support/
oppose the election of any candidate.
5. Directly or indirectly soliciting votes, pledges, or support for or against a candidate.
6. Advertisements.
PREMATURE CAMPAIGNING.
A candidate is liable for an election offense only for acts done during the campaign period,
not before. The law is clear as daylight — any election offense that may be committed by a
candidate under any election law cannot be committed before the start of the campaign
period. The act of engaging in an election campaign or partisan political activity to ―promote
the election or defeat of a particular candidate or candidates‖, before the start of the
campaign period, is what was commonly known as ―premature campaigning‖. Because
premature campaigning requires the existence of a ―candidate‖ and because there is no
―candidate‖ to speak of until the start of the campaign period, there is no more premature
campaigning. (Peñera vs. COMELEC, G.R. No. 181613, Nov. 25, 2009)
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BAR MATTER 2024
Rules on Published or Printed and Broadcast Election Propaganda (Paid
Advertisements)
1. PRINT
• ¼ page in broadsheet, 3x a week
• ½ page in tabloid, 3x a week
2. RADIO (per STATION)
• 180 mins. for National candidates
• 90 mins. for Local candidates
3. TV (per STATION)
• 120 mins. for National candidates
• 60 mins. for Local candidates
Public Rallies:
1. The candidate or party must notify election registrar that they intend to
organize and hold within the city/municipality
2. Submit to election registrar a statement of expenses in connection therewith.
(Omnibus Election Code, § 88.)
COMELEC Space and Airtime:
1. SPACE (PUBLISHED OR PRINTED)
a. 3 National newspapers - National candidates
b. 1 National newspaper - Local candidates
2. AIRTIME (BROADCAST)
a. 3 National TV and Radio Networks - National candidates
b. 1 Major Broadcasting station - Local candidates
4BLUE 95. There shall be equal allocation for all candidates for 3 calendar
days.
4BLUE 95. COMELEC does not have the authority to regulate the enjoyment
of the preferred right to freedom of expression exercised by a non-candidate.
Regulation of speech in the context of electoral campaigns made by persons
who are not candidates or who do not speak as members of a political party
which are, taken as a whole, principally advocacies of a social issue that the
public must consider during elections is unconstitutional. Such regulation is
inconsistent with the guarantee of according the fullest possible range of
opinions coming from the electorate including those that can catalyze candid,
uninhibited, and robust debate in the criteria for the choice of a candidate.
(Diocese of Bacolod v. COMELEC, G.R. No. 205728, Jan. 21, 2015.)
Posting of Campaign Materials
The COMELEC may authorize political parties and party-list groups to erect
common poster areas for their candidates in not more than ten (1) public places
such as plazas, markets, barangay centers and the like, wherein candidates can
post, display or exhibit election propaganda: Provided, That the size of the
poster areas shall not exceed twelve (12) by sixteen (16) feet or its equivalent.
Independent candidates with no political parties may likewise be authorized to
erect common poster areas in not more than ten (10) public places, the size of
which shall not exceed four (4) by six (6) feet or its equivalent.
Candidates may post any lawful propaganda material in private places with the
consent of the owner thereof, and in public places or property which shall be
allocated equitably and impartially among the candidates. [Sec. 9, RA 9006]
Right to Reply
All registered parties and bona fide candidates shall be have the right to reply to
charges published against them. The reply shall be given publicity by the
newspaper, television and/or radio station which first printed or aired the
charges with the same prominence or in the same page or section or in the same
time slot as the first statement. [Sec. 10, RA 9006]
Prescribed Rates for Political Propaganda
During the election period, media outlets shall give registered political parties
and bona fide candidates a discount of fifty percent (50%) for television, forty
percent (40%) for radio and ten percent (10%) for print, from the average of the
published rates charged in the last three calendar years prior to the election.
NOTHING in this provision prohibits a media outlet from giving higher
discounts.
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ELECTION SURVEYS BAR MATTER 2024

Election surveys refer to the measurement of opinions and perceptions of the

voters as regards a candidate's popularity, qualifications, platforms or a matter General Rule: It shall be unlawful for any person or organization to solicit and/
of public discussion in relation to the election, including voters' preference for or accept any gift, contribution, food, transportation or donation in cash or in
candidates or publicly discussed issues during the campaign period. [Sec. 5.1, kind from the commencement of the election period up to and including election
RA 9006] day.

The prohibition (on election surveys) may be for a limited time, but the
curtailment of the right of expression is direct, absolute, and substantial. It
constitutes a total suppression of a category of speech and is not made less so
because it is only for a period of fifteen (15) days immediately before a national
election and seven (7) days immediately before a local election. Sec. 5.4 (of RA
9006) (which sought to prohibit publication of election surveys 15 days before a
national election and 7 days before a local election) is is invalid because (1) it
imposes a prior restraint on the freedom of expression, (2) it is a direct and total
suppression of a category of expression even though such suppression is only
for a limited period, and (3) the governmental interest sought to be promoted
can be achieved by means other than suppression of freedom of expression.
[SWS v. COMELEC, GR No. 147571, 5 May 2001]
The names of those who commission or pay for election surveys, including
subscribers of survey firms, must be disclosed pursuant to Section 5.2(a) of the
Fair Election Act. This requirement is a valid regulation in the exercise of
police power and effects the constitutional policy of ―guaranteeing equal access
to opportunities for public service.‖, and neither curtails petitioners’ free speech
rights nor violates the constitutional proscription against the impairment of
contracts. (Social Weather Stations, Inc. et al v. COMELEC, G.R. No. 208062,
Apr. 7, 2015.)
Exception: Normal and customary religious stipends, tithes or collections
Prohibited Contributions:
1. Public Utilities or those exploiting natural resources of the nation
2. Public or private Financial institutions, except loans to a candidate or
political party
3. Foreigners and foreign corporations
4. Grantees of franchises, incentives, exemptions, allocations or similar
Privileges or concessions by the government
5. Persons who, within 1 year prior to the date of the election, have been
granted Loans or other accommodations in excess of P100,000 by the
government
6. Members of the Armed forces of the Philippines
7. Officials or employees in the Civil service
8. Persons with Contracts to supply the government with goods or services or
to perform construction or other works
9. Educational institutions which have received grants of public funds not
less than p100,000 by the government

When published, the tendency of election surveys to shape voter preferences Prohibited Means of Raising Funds:
comes into play. In this respect, published election surveys partake of the nature
of election propaganda. It is then declarative speech in the context of an 1. Cinematographic, theatrical or other performances
electoral campaign properly subject to regulation. (Social Weather Stations, Inc. 2. Cockfights
et al v. COMELEC, G.R. No. 208062, Apr. 7, 2015.) 3. Lotteries
4. Boxing bouts
While Resolution No. 9674 does regulate expression (i.e., petitioners’ 5. Bingo
publication of election surveys), it does not go so far as to suppress desired 6. Beauty contests
expression. There is neither prohibition nor censorship specifically aimed at 7. Entertainment and games
election surveys. The freedom to publish election surveys remains. All 8. Dances (Omnibus Election Code, § 97.)
Resolution No. 9674 does is articulate a regulation as regards the manner of
publication, that is, that the disclosure of those who commissioned and/or paid
for, including those subscribed to, published election surveys must be made. .
(Social Weather Stations, Inc. et al v. COMELEC, G.R. No. 208062, Apr. 7,
2015.)

Rules on Authorized Expenses Multiplied by the total number of registered

voters:
EXIT POLLS
1. P10 - President and Vice President
Exit polls may only be taken subject to the following requirements: 2. P3 - Other candidates (with political party OR with political support)
3. P5 - Independent candidates (without political party AND without political
(a) Pollsters shall not conduct their surveys within fifty (50) meters from support)
the polling place, whether said survey is taken in a home, dwelling place 4. P5 - Political parties
and other places;
(b) Pollsters shall wear distinctive clothing; 4blue95: 3RD PARTY donations included in the allowable expenditure limit
(c) Pollsters shall inform the voters that they may refuse to answer; and
(d) The result of the exit polls may be announced after the closing of the
polls on election day, and must clearly identify the total number of
respondents, and the places where they were taken. Said announcement
shall state that the same is unofficial and does not represent a trend. [Sec. Rules on Lawful Expenditures
5.5, RA 9006]
1. Traveling expenses
The holding of exit polls and the dissemination of their results through mass 2. Compensation of campaigners, clerks, stenographers, messengers and
media constitute an essential part of the freedoms of speech and of the press. other persons actually employed in the campaign
Hence, the COMELEC cannot ban them totally in the guise of promoting clean, 3. Telegraph and telephone tolls, postage, freight and express delivery
honest, orderly and credible elections. Quite the contrary, exit polls — properly charges
conducted and publicized — can be vital tools in eliminating the evils of 4. Stationary, printing and distribution of printed matters relative to
electionfixing and fraud. Narrowly tailored countermeasures may be prescribed candidacy
by the Comelec so as to minimize or suppress the incidental problems in the 5. Employment of watchers at the polls
conduct of exit polls, without transgressing in any manner the fundamental right 6. Rent, maintenance and furnishing of campaign HQ, office, or place of
of our people. meetings
7. Political meetings and rallies
8. Advertisements 10. Employment of counsel
9. Printing sample ballots
10. Copying and classifying list of voters, investigating and challenging the
PROHIBITED DONATIONS right to vote of persons registered in the lists

It is prohibited for any candidate, his spouse, relative within second degree of
consanguinity or affinity, a representative to make any contribution for any structure
for public use or for use of any religious or civic organization, except the normal
religious dues and payments for scholarships established and school contributions
habitually made before the campaign period. (Omnibus Election Code, § 104.)
Note: The expenses for (9), (10), (8) are not charged against the
allowable expenditure limits.
The phrase ―those incurred or caused to be incurred by the candidate‖
is sufficiently adequate to cover those expenses which are contributed
or donated in the candidate’s behalf. By virtue of the legal requirement
that a contribution or donation should bear the written conformity of
the candidate, a contributor/ supporter/ donor certainly qualifies as any
person authorized by such candidate or treasurer.
 5

REMEDIES AND JURISDICTIONIN

Q: Sec. 17, Art. VI of the Constitution establishes an Electoral Tribunal for each of the
Houses of Congress, and makes each Electoral Tribunal "the sole judge of all contests
relating to the election, returns, and qualifications of their respective Members." On the
other hand, Sec. 2(1), C (Commission on Elections), Art. IX of the Constitution grants to the
COMELEC the power to enforce and administer all laws and regulations "relative to the
conduct of an election, plebiscite, initiative, referendum, and recall." Considering that there
is no concurrence of jurisdiction between the Electoral Tribunals and the COMELEC, state
when the jurisdiction of the Electoral Tribunals begins, and the COMELEC's jurisdiction
ends. Explain your answer. (2017 BAR)
A: To be considered a Member of the House of Representatives, there must be a
concurrence of the following requisites: (1) A valid proclamation, (2) a proper oath, and (3)
assumption of office (Reyes v. COMELEC, G.R. No. 207264, October 22, 2013). Once a
winning candidate has been proclaimed and taken his oath, and assumed office as a Member
of the House of Representatives, the jurisdiction of the Commission on Elections over the
election contest ends, and the jurisdiction of the House of Representatives Electoral Tribunal
begins (Vinzons-Charo v. COMELEC, G.R. No. 172131, April 2, 2007).

Q: Despite lingering questions about his Filipino citizenship and his one-year residence in
the district, Gabriel filed his certificate of candidacy for congressman before the deadline set
by law. His opponent, Vito, hires you as lawyer to contest Gabriel’s candidacy. a. Before
election day, what action or actions will you institute against Gabriel, and before which
court, commission or tribunal will you file such action/s? Reasons. b. If, during the
pendency of such action / s but before election day, Gabriel withdraws his certificate of
candidacy, can he be 105 substituted as candidate? If so, by whom and why? If not, why
not? c. If the action/s instituted should be dismissed with finality before the election, and
Gabriel assumes office after being proclaimed the winner in the election, can the issue of his
candidacy and/or citizenship and residence still be questioned? If so, what action or actions
may be filed and where? If not, why not? (2010 BAR)
A:
a. I will file a petition to cancel the certificate of candidacy of Gabriel in the Commission on
Elections because of the false material representation that he is qualified to run for
congressman (Section 78 of the Omnibus Election Code;574 SCRA 787 [2008]). The
question of the disqualification of Gabriel cannot be raised before the House of
Representatives Electoral Tribunal, because he is not yet a member of the House of
Representatives (Aquino v. COMELEC,248 SCRA400 [1995]).
b. If Gabriel withdraws, he may be substituted by a candidate nominated by his political
party. Section 77 of the Omnibus Election Code states: ―If after the last day for the filing of
certificates of candidacy, an official candidate of a registered or accredited political party
dies, withdraws or is disqualified for any cause, only a person belonging to, and certified by,
the same political party may file a certificate of candidacy to replace the candidate who died,
withdrew or was disqualified.‖
c. The question of the citizenship and residence of Gabriel can be questioned in the House of
Representatives Electoral Tribunal by filing a quo warranto case. Since it is within its
jurisdiction to decide the question of the qualification of Gabriel, the decision of the
Commission on Elections does not constitute res judicata (Jalandoni v. Crespo, HRET Case
No. 01- 020, March 6, 2003). Once a candidate for member of the House of Representatives
has been proclaimed, the House of Representatives Electoral Tribunal acquires jurisdiction
over election contests relating to his qualifications (Guerrero v COMELEC,336 SCRA 458
[2000]).

Q: Ang Araw, a multi-sectoral party-list organization duly registered as such with the
Commission on Elections (Comelec), was proclaimed as one of the winning party-list
groups in the last national elections. Its first nominee, Alejandro, assumed office as the
party-list representative. About one year after Alejandro assumed office, the Interim Central
Committee of Ang Araw expelled Alejandro from the party for disloyalty and replaced him
with Andoy, its second nominee. Alejandro questioned before the Comelec his expulsion
and replacement by Andoy. The Comelec considered Alejandro's petition as an intra-party
dispute which it could resolve as an incident of its power to register political parties; it
proceeded to uphold the expulsion. Is the Comelec's ruling correct? (2018 BAR)
A: Alejandro’s petition should be dismissed for lack of jurisdiction. It is the HRET which
has jurisdiction over the case, because Alejandro is already a Member of the House of
Representatives (Lico v. Commission on Elections, G.R. No. 205505, September 29, 2015).

Q: Two petitions for the cancellation of Certificate of Candidacy (CoC)/Denial of Due

Course were filed with the Comelec against two candidates running as municipal mayors of
different towns. The first petition was against Anselmo. Years ago, Anselmo was charged
and convicted of the crime of rape by final judgment, and was sentenced to suffer the
principal penalty of reclusion perpetua which carried the accessory penalty of perpetual
absolute disqualification. While Anselmo was in prison, the President commuted his
sentence and he was discharged from prison. The second petition was against Ambrosio.
Ambrosio's residency was questioned because he was allegedly a "green card holder," i.e., a
permanent resident of the US, as evidenced by a certification to this effect from the US
Embassy. Acting on the recommendations of its Law Department, the Comelec en banc
motu proprio issued two resolutions granting the petitions against Anselmo and Ambrosio.
Both Anselmo and Ambrosio filed separate petitions with the Supreme Court assailing the
resolutions cancelling their respective CoCs. Both claimed that the Comelec en bane acted
with grave abuse of discretion amounting to lack or excess of jurisdiction because the
petitions should have first been heard and resolved by one of the Comelec's Divisions. Are
Anselmo and Ambrosio correct? (2018 BAR)
A: Anselmo is incorrect. The rule is every quasijudicial matter must first be tackled by a
division subject to appeal by way of a Motion for Reconsideration to the COMELEC en
banc. In Jalosjos v. COMELEC (G.R. No. 205033, June 18, 2013), it was determined that a
cancellation on the basis of perpetual disqualification is a matter that can be taken judicial
notice of. When it cancels A CoC on that ground, it is acting in performance of an
administrative function and, therefore, the rule in Article XI, Section 3 does not apply.
Ambrosio, on the other hand, is correct that the petition for the cancellation of his CoC
should have been first heard and resolved by the Comelec Division. Political Law 106
Cancellation proceedings involve the COMELEC's quasi-judicial functions. The
Constitution mandates the COMELEC, in the exercise of its adjudicatory or quasi-judicial
powers, Petition for disqualification