Topic 5 Part 3 Philippine Government and Constitution Week 8

Republic of the Philippines
MARINDUQUE STATE COLLEGE

SCHOOL OF GOVERNANCE
Tanza, Boac, Marinduque
BACHELOR OF PUBLIC ADMINISTRATION

Accredited Level I by the Accrediting Agency for Chartered Colleges Universities in
the Philippines (AACCUP), Inc.
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PHILIPPINE GOVERNMENT AND CONSTITUTION

SOCIAL SCIENCE 4
Second Semester, A.Y. 2020-2021
COURSE MODULE AND LEARNING GUIDE
Topic 5 (Part 2): The 1987 Philippine Constitution

Duration: Nine (9) hours
COURSE INTENDED LEARNING OUTCOMES:
CILO1. Articulated the various concepts, principles, contexts, nature and approaches related to
Political Science, Governance and Constitution.
CILO2. Identified and explained their roles in fostering the values of accountability,
transparency, efficiency and effectiveness in public service in the Philippine Government.
CILO3. Appreciated the demands to a high value of respect and obedience to the Philippine
Constitution and value one’s political rights and responsibilities.
CILO 4. Prepared and presented a policy paper to address the identified problems in the
Philippine Constitution and critique paper examining the current political system in the Philippines and
its significance to the Philippine Industry.
A. Learning Objectives:
At the end of this course, the student shall be able to:
1. Discuss briefly the meaning and importance of law.
2. Explain what is meant by the statement that the constitution is the “Supreme law of the island”.
3. Explain why brevity is an an important characteristic of a written constitution.
4. Analyzeif it is high time to change/amend the constitution and what will be the most effective way
of changing it.
5. Explain what constitutes the national territory of the Philippines.
6. Explain the important provisions of the Declaration of Principles and State policies.
7. Explain the important provisions of the Bill of Rights.
8. Explain the important provisions of Citizenship.
9. Explain the important provisions of Suffrage.
B. Learning Schedule and Requirements:

The classes will be conducted through a combination (alternately) of synchronous (video
conferencing) and asynchronous (remote learning/modular distribution) for 3 hours per week for
a total of 18 weeks or 54 hours including the midterm and final examination week.
Vision: Marinduque State College is a research-driven higher education institution pursuing excellence and innovation by 2025.
Mission: Marinduque State College is committed to pursue progressive and innovative lifelong education founded on humanistic, professional, and
technologically advanced programs across cultures and communities by establishing centers of excellence and development and research-driven
outreach programs.
SERVING beyond EXCELLENCE!!!

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1. A Google classroom, facebook messenger group chat and facebook group will be created specific
for the course. This will serve as the official platform for the conduct of synchronous and
asynchronous classes.
2. The students will be given a copy of the faculty’s OBE course syllabus with attached rubrics for
assessments and other documents relavant hereto to serve as their guide.
3. The copy of the learning materials and other references will also be provided both in printed
and electronic copy (readable and downloadable format) in all the platforms specific for the
course.
4. The faculty will discuss the topics using alternative mode of delivery either through recorded
audio, video and the like (whichever is applicable). Classes may be done through video
conferencing also.
5. Class recitations and topic presentation will be conducted through online poll or video
conferencing depending on the availability of the students and whichever is applicable.
6. Quizzes will be deployed asynchronously through any of the following: group chat poll, google
form quiz, quizzes, etc.
7. The students shall exert effort to read or watch other references/link relevant to the topic in
advance. A drill may be done unannounced.
8. The students are expected to answer every Chapter Questions on the last part of this handout.
a. Computerized in a long bond paper with 12 font size, Cambria as font and 1.15 spacing
(PDF Format).
b. Outputs shall be submitted collectively per class in a form of an online Portfolio (PDF
Format) to be collected as announced.
9. At the start of the course, the students are expected to make their your own course expectations
using the format bellow:
a. Computerized in a long bond paper with 12 font size, Cambria as font and 1.15 spacing (PDF
Format).
Name:
Course/Year/Section:
My Course Expectations
(Short Narrative in General)
What I know (Specific answers in bullet (Personal Reflection in
type) Narrative Form)
What I want to (Specific answers in bullet (Personal Reflection in
know type) Narrative Form)
What I have (Specific answers in bullet (Personal Reflection in
learned type) Narrative Form)
10. The students are expected to read and make a reflection paper at the end of every topic based
on the topic handout provided following the instructions below:
a. Computerized in a long bond paper with 12 font size, Cambria as font and 1.15 spacing (PDF
Format).
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b. Minimum of 300 words and maximum of 500 words.

c. Use your own words based on how you feel and understand the context.
d. Do not copy from the works of other people. It is okay to take some inspiration but make
sure to include your references used.
e. The outputs must be enclosed in an Online Portfolio to be collected as announced.
11. The students are expected to present a topic assigned to them through a recorded video
presentation which shall be posted on the FB Group and Google Classroom at the same time.
12. Students are encouraged to attend atleast one Webinar and the like with topics related to
Philippine Government and Constitution.
13. The online portfolio of the students must include a Front cover page and a Table of contents. The
template will be provided by the Faculty.
C. Learning Assessment/Evaluation:
The student’s performace shall be assessed/evaluated as follows:
1. Major examinations includes Midterm and Final examinations constitutes 40% of your over-all
rating.
2. Course outputs in a summative assessment (15%), formative assessment (15%) and online
portfolio (10%) and Topic presentation (20%).
D. Topic Learning References/Other Readings:

1. Introduction to Public Administration. Carmelo S. Bihasa. 2015 Edition.
2. Introduction to Public Administration in the Philippine: A Reader. 2015 (486pp). 3rd Edition.
Volume I and Volume II.
3. Philippine Government and Constitution. Carlito D. Garcia. Revised Edition 2015.
4. Textbook on the Philippine Constitution. Hector S. De Leon and Hector M. De Leon, Jr. 2014
Edition.
5. Essentials of Politics and Government with the 1987 Philippine Constitution. Froilan Cruz-
Calilung and Edelberto C. Bunquin. 2014.
6. Principles and Practices of Public Administration in the Philippines. Ricardo S. Lazo. First
Edition. 2011.
7. Constitution Made Simple. Hector S. de Leon and Hector M. De Leon, Jr. Third Edition. 2010.
8. 1987 Philippine Constitution
9. Government Websites/Government Policy and Issuances
10. Current News and Updates
11. Printed and online Journals and Publications
Prepared by: Reviewed and approved by:
KATRINA B. EVANGELISTA-DE MESA, MPA ANNE GRACE M. LABATETE, DGM

Faculty, School of Governance Dean, School of Governance
Contact No. 09171641912
Email: outputssubmission2021@gmail.com
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PHILIPPINE GOVERNMENT AND CONSTITUTION

SOCIAL SCIENCE 4
TOPIC 5 (Part 3): The 1987 Philippine Constitution

Duration: Nine (9) hours
TOPIC 5 (Part 3)
Article IV - CITIZENSHIP
Citizenship
It pertains to a membership in a political community, which is personal and more or less
permanent in character.
Citizenship vs. Nationality
WHO ARE FILIPINO CITIZENS

The following are citizens of the Philippines:
(1) Those who are Filipino citizens at the time of the adoption of the 1987 Constitution;
(2) Those whose fathers or mothers are citizens of the Philippines;
(3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship
upon reaching the age of majority; and
(4) Those who are naturalized in accordance with law. (Art. IV, Sec. 1, 1987 Constitution)
Caram rule
Natural-Born Filipino Citizens The following are natural-born Filipino citizens:
(1) Those who are citizens of the Philippines from birth without having to perform any act to
acquire or perfect their Philippine citizenship;
(2) Those who elect Philippine citizenship in accordance with Par. 3, Sec. 1, Art. IV of the 1987
Constitution shall be deemed natural-born citizens.
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Q: Not all citizens of the Philippines are natural-born. What is the relevance of the status of
being a natural-born Filipino citizen?
A: There are public offices/government positions that requires a Filipino citizen to be a natural-
born.
Government officials required to be natural-born Filipino citizens

1. President;
2. Vice-President;
3. Members of Congress;
4. Justices of Supreme Court and lower collegiate courts;
5. Ombudsman and his deputies;
6. Members of Constitutional Commissions;
7. Members of the Central Monetary Authority;
8. Members of the Commission on Human Rights.
MODES OF ACQUIRING CITIZENSHIP

1. By birth
a. Jus Sanguinis – On the basis of blood relationship.
b. Jus Soli – On the basis of the place of birth.
2. By naturalization – The legal act of adopting an alien and clothing him with the privilege of a
citizen.
3. By marriage – When a foreign woman marries a Filipino husband, provided, she possesses
all qualifications and none of the disqualifications for naturalization.
LOSS AND RE-ACQUISITION OF PHILIPPINE CITIZENSHIP

Philippine citizenship may be lost or reacquired in the manner provided by law. (Sec. 3,
Art. IV, 1987 Costitution)
Loss of Philippine citizenship; Grounds

1. Naturalization in a foreign country;
2. Express renunciation of citizenship (expatriation); or
3. Subscribing to an oath of allegiance to the constitution or laws of a foreign country upon
attaining 21 years of age; or
4. Rendering service to or accepting commission in the armed forces of a foreign country unless:
a. The Philippines has a defensive and/or offensive pact of alliance with the said foreign
country; or
b. The said foreign country maintains armed forces in the Philippine territory with its consent
provided that at the time of rendering said service, or acceptance of said commission, and
taking the oath of allegiance incident thereto, states that he does so only in connection with its
service to said foreign country.
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5. Cancellation of certificate of naturalization (Denaturalization); or

6. Having been declared by final judgment a deserter of the armed forces of the Philippines in
times of war; or
7. In case of a woman, upon her marriage, to a foreigner if, by virtue of the laws in force in her
husband’s country, she acquires his nationality.
Ways to reacquire citizenship

1. Naturalization;
2. Repatriation; and
3. Direct act of Congress.
Naturalization
An act of formally adopting a foreigner into the political body of a nation by clothing him
or her with the privileges of a citizen.
Repatriation
The recovery of the original nationality. This means that a naturalized Filipino who lost
his citizenship will be restored to his prior status as a naturalized Filipino citizen. On the other
hand, if he was originally a natural-born citizen before he lost his Philippine citizenship, he will
be restored to his former status as a natural-born Filipino. (Bengzon vs. HRET and Cruz, G.R.
No. 142840, May 7, 2001)
How repatriation is effected

Repatriation shall be effected by:
1. Taking the necessary oath of allegiance to the Republic of the Philippines; and
2. Registration in the proper civil registry and in the Bureau of Immigration. The Bureau of
Immigration shall thereupon cancel the pertinent alien certificate of registration and issue the
certificate of identification as Filipino citizen to the repatriated citizen.
RA 9225 “Citizenship Retention and Reacquisition Act of 2003”

Reacquisition
Natural-born citizens of the Philippines who have lost their Filipino citizenship due to
naturalization as citizens of a foreign country are deemed to have re-acquired Philippine
citizenship; and
Retention
Natural-born citizens of the Philippines who, after the effectivity of RA 9225, become
citizens of a foreign country shall retain their Philippine citizenship. (David vs. Agbay, G.R. No.
199113, March 18, 2015)
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Running for Elective Posts; Oath of Allegiance and Renunciation of Foreign Citizenship
R.A. 9225 requires Filipinos availing themselves of the benefits under the said Act to (1)
take their oath of allegiance to the Republic of the Philippines, but also to (2) explicitly renounce
their foreign citizenship if they wish to run for elective posts in the Philippines.
The oath of allegiance is a general requirement for all those who wish to run as
candidates in Philippine elections; while the renunciation of foreign citizenship is an additional
requisite only for those who have retained or reacquired Philippine citizenship under R.A. No.
9225 and who seek elective public posts, considering their special circumstance of having more
than one citizenship. To qualify as a candidate in Philippine elections, Filipinos must only have
one citizenship, namely, Philippine citizenship. (Jacot vs. Dal, G.R. No. 179848, November 27,
2008) By renouncing foreign citizenship, one is deemed to be solely a Filipino citizen,
regardless of the effect of such renunciation under the laws of the foreign country.
Filing of a certificate of candidacy does not ipso facto amount to a renunciation of foreign
citizenship
RA 9225 requires the twin requirements of swearing to an Oath of Allegiance and
executing a Renunciation of Foreign Citizenship. (Roseller De Guzman v. COMELEC, G.R. No.
180048, June 19, 2009)
Effect of use of foreign passport; Maquiling doctrine

Use of a foreign passport amounts to repudiation or recantation of the oath of
renunciation. The renunciation of foreign citizenship is not a hollow oath that can simply be
professed at any time, only to be violated the next day. It requires an absolute and perpetual
renunciation of the foreign citizenship and a full divestment of all civil and political rights
granted by the foreign country which granted the citizenship. (Maquiling v. COMELEC, G.R. No.
195649, April 16, 2013)
Strict adherence to Maquiling doctrine

Matters dealing with qualifications for public elective office must be strictly complied
with. the novelty of the issue is not an excuse from strictly complying with the eligibility
requirements to run for public office or to simply allow [a candidate] to correct the deficiency
in his qualification by submitting another oath of renunciation. It is with more reason that we
should similarly require strict compliance with the qualifications to run for local elective office.
(Arnado v. COMELEC, G.R. No. 210164, August 18, 2015)
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DUAL CITIZENSHIP AND DUAL ALLEGIANCE

Dual Citizenship vs. Dual Allegiance
Q: Is dual citizenship allowed? If yes, can persons with dual citizenship run for public office?
A: YES. The concern of the Constitutional Commission was not with dual citizens per se but with
naturalized citizens who maintain their allegiance to their countries of origin even after their
naturalization. Consequently, persons with mere dual citizenship are not disqualified
considering that their condition is the unavoidable consequence of conflicting laws of different
states. Unlike those with dual allegiance, who must, therefore, be subject to strict process with
respect to the termination of their status.
The fact that a person has dual citizenship does not disqualify him from running for
public office. (Cordora v. COMELEC, G.R. No. 176947, February 19, 2009) Candidates with dual
citizenship can run for public office provided that upon the filing of their certificates of
candidacy, they elect Philippine citizenship to terminate their status as persons with dual
citizenship. (Mercado vs. Manzano, G.R. No. 135083, May 26, 1999)
FOUNDLINGS
Foundlings are natural-born citizens
As a matter of law, foundlings are as a class, natural-born citizens. While the 1935
Constitution's enumeration is silent as to foundlings, there is no restrictive language which
would definitely exclude foundlings either. Because of silence and ambiguity in the
enumeration with respect to foundlings, there is a need to examine the intent of the framers.
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The deliberations of the 1934 Constitutional Convention show that the framers intended
foundlings to be covered by the enumeration. Also, the delegate to the Convention and
constitution law author Jose Aruego said that:
During the debates on this provision, Delegate Rafols presented an amendment to include
as Filipino citizens the illegitimate children with a foreign father of a mother who was a citizen
of the Philippines, and also foundlings; but this amendment was defeated primarily because the
Convention believed that the cases, being too few to warrant the inclusion of a provision in the
Constitution to apply to them, should be governed by statutory legislation. Moreover, it was
believed that the rules of international law were already clear to the effect that illegitimate
children followed the citizenship of the mother, and that foundlings followed the nationality of
the place where they were found, thereby making unnecessary the inclusion in the Constitution
of the proposed amendment. (Poe-Llamanzares v. COMELEC, G.R. No. 221697, March 8, 2016)
Domestic laws on adoption also support the principle that foundlings are Filipinos
These laws do not provide that adoption confers citizenship upon the adoptee. Rather,
the adoptee must be a Filipino in the first place to be adopted. Adoption deals with status, and
a Philippine adoption court will have jurisdiction only if the adoptee is a Filipino. (Poe-
Llamanzares v. COMELEC; G.R. No. 221697; March 8, 2016)
Q: Grace Poe-Llamanzares was found abandoned as a newborn infant in the Parish Church of
Jaro, Iloilo. Having parental care and custody over her, Emiliano Militar reported and registered
her as a foundling with the Office of the Civil Registrar of Iloilo City. Consequently, a Foundling
Certificate was issued in her favor. Eventually, Grace Poe ran for presidency. In her Certificate
of Candidacy, she declared herself as a natural-born citizen. However, Atty. Estrella Elamparo
opposed this because under the Constitution averring that the process to determine that a child
is a foundling leading to the issuance of a foundling certificate under these laws and the
issuance of said certificate are acts to acquire or perfect Philippine citizenship which make the
foundling a naturalized Filipino at best. Thus, Poe-Llamanzares is not a natural-born citizen
since she performed an act to acquire or perfect Philippine citizenship. Is Atty. Elamparo
correct?
A: NO. 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. (Poe-Llamanzares v. COMELEC, G.R. No. 221697,
March 8, 2016)
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Foundlings are likewise citizens under international law

All of the international law conventions and instruments on the matter of nationality of
foundlings were designed to address the plight of a defenseless class which suffers from a
misfortune not of their own making. We cannot be restrictive as to their application if we are a
country which calls itself civilized and a member of the community of nations.
The common thread of the UDHR, UNCRC and ICCPR is to obligate the Philippines to grant
nationality from birth and ensure that no child is stateless. This grant of nationality must be at
the time of birth.
Universal Declaration of Human Rights (UDHR)

Article 15 of the UDHR states that: “Everyone has the right to a nationality” and that “No
one shall be arbitrarily deprived of his nationality nor denied the right to change his
nationality.”
UN Convention on the Rights of the Child (UNCRC)

Article 7 of UNCRC imposes the obligation on our country that “The child shall be
registered immediately after birth and shall have the right from birth to a name, the right to
acquire a nationality and as far as possible, the right to know and be cared for by his or her
parents” and that “States Parties shall ensure the implementation of these rights in accordance
with their national law and their obligations under the relevant international instruments in
this field, in particular where the child would otherwise be stateless.”
International Covenant on Civil and Political Rights (ICCPR)

Article 24 of ICCPR thereof provide for the right of every child "to acquire a nationality"
Hague Convention on Certain Questions Relating to the Conflict of Nationality Laws

Article 14 of the abovementioned convention provides that a foundling is presumed to
have the "nationality of the country of birth."
United Nations Convention on the Reduction of Statelessness

Article 2 thereof provides that a foundling found in the territory of a Contracting State
shall, in the absence of proof to the contrary, be considered to have been born within the
territory of parents possessing the nationality of that State.
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ARTICLE V – SUFFRAGE
ELECTION LAW
SUFFRAGE
Suffrage is the right and obligation of qualified citizens to vote in the election of certain
local and national officers and in the determination of questions submitted to the people. It
includes within its scope election, plebiscite, initiative and referendum. (Nachura, 2014)
Right of suffrage not absolute

The exercise of the right of suffrage is subject to existing substantive and procedural
requirements embodied in our Constitution, statute books, and other repositories of law.
(Akbayan-Youth v. COMELEC, G.R. No. 147066, March 26, 2001)
Scope of Suffrage
1. Plebiscite –The electoral process by which an initiative on the Constitution is approved or
rejected by the people.
2. Initiative - The power of the people to propose amendments to the Constitution or to
propose and enact legislations through election called for the purpose. [R.A. 6735, The Initiative
and Referendum Act, Sec. 3(a)] a. Initiative on the Constitution; b. Initiative on statutes; or c.
Initiative on local legislation.
3. Referendum –The power of the electorate to approve or reject a piece of legislation through
an election called for the purpose. i. Referendum on statutes; or ii. Referendum on local laws.
4. Recall –The mode of removal of an elective public officer by the people after 1 year of
assuming the office and not later than 1 year befor- the end of his term of office.
Election
Election is the means by which people choose their officials for a definite and fixed period
and to whom they entrust for the time being the exercise of the powers of government.
(Nachura, 2016)
Suffrage is the right and obligation of qualified citizens to vote in the election of certain
local and national officers and in the determination of questions submitted to the people. It
includes within its scope election, plebiscite, initiative and referendum (Nachra, 2014)
Right of suffrage not absolute

The exercise of the right of suffrage is subject to existing substantive and procedural
requirements embodied in our Constitution, statute books, and other repositories of law.
(Akbayan-Youth v. COMELEC, G.R. No. 147066, March 26, 2001)
Scope of Suffrage
5. Plebiscite –The electoral process by which an initiative on the Constitution is approved or
rejected by the people.
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6. Initiative - The power of the people to propose amendments to the Constitution or to

propose and enact legislations through election called for the purpose. [R.A. 6735, The Initiative
and Referendum Act, Sec. 3(a)]
a. Initiative on the Constitution;
b. Initiative on statutes; or
c. Initiative on local legislation.
7. Referendum –The power of the electorate to approve or reject a piece of legislation through
an election called for the purpose.
i. Referendum on statutes; or
ii. Referendum on local laws.
8. Recall –The mode of removal of an elective public officer by the people after 1 year of
assuming the office and not later than 1 year befor- the end of his term of office.
Election
Election is the means by which people choose their officials for a definite and fixed period
and to whom they entrust for the time being the exercise of the powers of government.
(Nachura, 2016)
Components of an election
1. Choosing or selecting candidates to public office by popular vote;
2. Holding of electoral campaign;
3. Conducting of the polls;
4. Listing of votes;
5. Casting and receiving the ballots from the voters;
6. Counting the ballots;
7. Making the election returns; and
8. Proclaiming the winning candidates
Kinds of elections
1. Regular election – It is an election participated in by those who possess the right of suffrage,
not otherwise disqualified by law, and is registered voters.
2. Special election –It is held when there is failure of election on the scheduled date of regular
election in a particular place or to fill a vacancy in office before the expiration of the term for
which the incumbent was elected.
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Rules on construction of election laws

CONSTRUCTION OF ELECTION LAW
Laws for conduct of elections Before the election: Mandatory
After the election: Directory
Laws for Candidates Mandatory and strictly construed
Procedural rules Liberally construed in favor of ascertaining
the will of the electorate
Election period
GR: The period of election starts at 90 days before and ends 30 days after the election date
pursuant to Sec. 9, Art. IX-C of the Constitution and Sec. 3 of B.P. 881, otherwise known as the
Omnibus Election Code (OEC).
XPN: Under these same provisions, the COMELEC is not precluded from setting a period
different from that provided thereunder. (Aquino v. COMELEC, G.R. No. 211789-90, March 17,
2015)
QUALIFICATION AND DISQUALIFICATION OF VOTERS

Qualifications for the exercise of suffrage
1. Filipino citizenship;
2. At least 18 years of age;
3. Resident of the Philippines for at least one year;
4. Resident of the place where he proposes to vote for at least six months immediately
preceding the election; and
5. Not otherwise disqualified by law. (Art. V, 1987 Constitution, Sec. 1)
NOTE:
1. These qualifications are continuing requirements; and
2. Congress may not add qualifications but can provide for procedural requirements and
disqualifications. However, the disqualifications must not amount to qualifications.
Residence and domicile

In election cases, the Court treats domicile and residence as synonymous terms. Both
import not only an intention to reside in a fixed place but also personal presence in that place,
coupled with conduct indicative of such intention (Pundaodaya v. COMELEC, G.R. No. 179313,
September 17, 2009).
Effect of transfer of residence

Any person, who transfers residence solely by reason of his occupation, profession or
employment in private or public service, education, etc., shall not be deemed to have lost his
original residence. [OEC, Art. XII, Sec. 117(2); Asistio v. Aguirre, G.R. No. 191124, April 27, 2010]
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Establishing a new domicile

To establish a new domicile of choice, personal presence in the place must be coupled
with conduct indicative of this intention. (Jalover v. de la Pena, G.R. No. 209286, September 23,
2014)
Disqualifications for the exercise of suffrage

1. Sentenced by final judgment to suffer imprisonment for not less than one year, unless granted
a plenary pardon or granted amnesty;
2. Conviction by final judgment of any of the following:
a. Crime involving disloyalty to the government;
b. Violation against national security; or
c. Firearms laws
NOTE: The right to vote is reacquired upon expiration of five years after service of sentence
referred to in the two preceding items.
3. Insanity or incompetence as declared by competent authority. (OEC, Art. XII, Sec. 118)
NOTE: These are the same grounds for disqualification to register as a voter under Sec. 11 of R.A.
8189, Voter’s Registration Act of 1996.
REGISTRATION OF VOTERS
Registration
Registration is the act of accomplishing and filing a sworn application for registration by
a qualified voter before the election officer of the city or municipality wherein he resides and
including the same in the book of registered voters upon approval by the Election registration
Board. [RA. 8189, Voter’s Registration Act of 1996,Sec. 3(a)] It does not confer the right to vote;
it is but a condition precedent to the exercise of the right. Registration is a regulation, not a
qualification. (Yra v. Abano, G.R. No. 30187, November 5, 1928)
Double-registrant
It pertains to any person who, being a registered voter, registers anew without filing an
application for cancellation of his previous registration. [OEC, Art. XXII, Sec. 261(y)(5)]
Double registrants are still qualified to vote provided that COMELEC has to make a
determination on which registration is valid, and which is void. COMELEC laid down the rule in
Minute Resolution No. 00-1513 that while the first registration of any voter subsists, any
subsequent registration thereto is void ab initio. (Maruhom v. COMELEC, G.R. No. 179430, July
27, 2009)
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Q: Shanti filed a petition for the cancellation of the COC of Xander for Mayor of South Upi alleging
that Xander was not a registered voter in the Municipality of South Upi since Allen failed to sign
his application for registration, thus, the unsigned application for registration has no legal effect.
In refutation, Xander asseverated that his failure to sign his application for registration did not
affect the validity of his registration since he possesses the qualifications of a voter set forth in
the Omnibus Election Code as amended by Sec. 9 of R.A. 8189. Should Allen be disqualified?
A: YES. R.A. 8189 (The Voter’s Registration Act of 1996) specifically provides that an application
for registration shall contain specimen signatures of the applicant as well as his/her
thumbprints, among others. The evidence shows that Allen failed to sign very important parts
of the application, which refer to the oath which Xander should have taken to validate and swear
to the veracity of the contents appearing in the application for registration. Plainly, from the
foregoing, the irregularities surrounding Xander’s application for registration eloquently
proclaims that he did not comply with the minimum requirements of RA 8189. This leads to only
one conclusion: that Xander, not having demonstrated that he duly accomplished an application
for registration, is not a registered voter. Hence, he must be disqualified to run for Mayor. (Gunsi
Sr. v. COMELEC, G.R. No. 168792, February 23, 2009)
Illiterate and disabled voters

Any illiterate person may register with the assistance of the Election Officer or any
member of an accredited citizen’s arms. The application for registration of a physically disabled
person may be prepared by any relative within the fourth civil degree of consanguinity or
affinity or by the Election Officer or any member of an accredited citizen’s arm using the data
supplied by the applicant. The fact of illiteracy or disability shall be so indicated in the
application (R.A. 8189, Sec. 14).
NOTE: R.A. 9369 (The Poll Automation Law) now defines a disabled voter as “a person with
impaired capacity to use the Automated Election System” [Sec.2(1)].
Kinds of registration system

1. Continuing; and
2. Computerized. System of continuing registration
GR: It is a system where the application of registration of voters shall be conducted daily in the
office hours of the election officer during regular office hours.
XPN: No registration shall be conducted during the period starting 120 days before a regular
election and 90 days before a special election. (R.A. 8189, Sec. 8)
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Q: Kabataan Party-List assailed the constitutionality of RA 10367, which directs COMELEC to

implement a mandatory biometrics registration system for new voters and those registered
voters whose biometrics have not been captured shall submit themselves for validation. In
compliance, COMELEC implemented rules and regulations prescribing the procedure for
validation, deactivation, and reactivation of voters’ registration records (VRRs). Kabataan Party-
List claimed that RA 10367 is unconstitutional because biometric validation is not different from
the unconstitutional requirement of literacy and property because mere non validation already
absolutely curtails the exercise of the right of suffrage through deactivation. Is RA 10367
unconstitutional?
A: NO. The Court ruled that the right to vote is not a natural right but is a right created by law.
Suffrage is a privilege granted by the State to such persons or classes as are most likely to
exercise it for the public good. A registration requirement rises to the level of a literacy, property
or other substantive requirement as contemplated by the Framers of the Constitution - that is,
one which propagates a socio-economic standard which is bereft of any rational basis to a
person's ability to intelligently cast his vote and to further the public good - the same cannot be
struck down as unconstitutional. Court definitively characterized registration as a form of
regulation and not as a qualification for the right of suffrage – “biometrics refers to a quantitative
analysis that provides a positive identification of an individual such as voice, photograph,
fingerprint, signature, iris, and/or such other identifiable features." (Kabataan Partylist v.
COMELEC, G.R. No. 189868, December 15, 2009, PER J. PERLAS-BERNABE)
Book of voters
Classified as permanent whereby each precinct shall have a permanent list of all
registered voters residing within the territorial jurisdiction of the precinct.
Grounds for alteration

1. Deactivation/reactivation;
2. Exclusion/ inclusion;
3. Cancellation of registration in case of death;
4. Annulment of book of voters;
5. New voters; and
6. Transfer of residence.
Deactivation
It is the removal from the registration records from the precinct books of voters and
places the same, properly marked and dated in indelible ink, in the inactive file after entering
the cause of deactivation. Grounds for deactivation
1. Any person who has been sentenced by final judgment to suffer imprisonment for not less
than one year, such disability not having been removed by plenary pardon or amnesty;
NOTE: The right to vote may be automatically reacquired upon expiration of fiveyears after
service of sentence as certified by the clerk of court.
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2. Any person who has been adjudged by a final judgment by a competent court or tribunal pf
having caused/committed any crime involving disloyalty to the duly constituted government
such as rebellion, sedition, violation of the anti-subversion and firearm laws, or any crime
against national security, unless restored to his full civil and political rights in accordance
with law;
NOTE: The right to vote may be regained automatically upon expiration of five years after
service of sentence.
3. Any person declared by competent authority to be insane or incompetent unless such
disqualification has been subsequently removed by a declaration of a proper authority that
such person is no longer insane or incompetent;
4. Any person who did not vote in the two successive preceding regular elections as shown
by their voting records. For this purpose, regular elections do not include SK elections;
5. Any person whose registration has been ordered excluded by the Court;
6. Any person who has lost his Filipino citizenship. (R.A. 8189, Sec. 27)
INCLUSION AND EXCLUSION PROCEEDINGS

Inclusion proceedings
Any person whose application for registration has been disapproved by the Board or
whose name has been stricken out from the list may file with the court a petition to include
his name in the permanent list of voters in his precinct at any time but not within 105 days
prior to a regular election or 75 days prior to a special election. Exclusion proceedings Any
registered voter, representative of a political party or the Election Officer, may file with the
court a sworn petition for the exclusion of a voter from the permanent list of voters giving
the name, address and the precint of the challenged voter at any time but not within 100
days prior to a regular election or 65 days before special election.
Jurisdiction
1. MTC – original and exclusive;
2. RTC – appellate jurisdiction; and
3. SC – appellate jurisdiction over RTC on question of law.
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Who may file, period of filing; and grounds
Res judicata not applicable

The proceedings for the exclusion or inclusion of voters in the list of voters are summary
in character. Except for the right to remain in the list of voters or for being excluded therefrom
for the particular election in relation to which the proceedings had been held, a decision in an
exclusion or inclusion proceeding, even if final and unappealable, does not acquire the nature
of res judicata. It does not operate as a bar to any further action that a party may take
concerning the subject passed upon in the proceeding. Thus, a decision in an exclusion
proceeding would neither be conclusive on the voter’s political status, nor bar subsequent
proceedings on his right to be registered as a voter in any other election. (Domino v. COMELEC,
G.R. No. 134015, July 19, 1999)
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Voter using fake address not excluded

A citizen cannot be disenfranchised for the flimsiest of reasons. Only on the most serious
grounds, and upon clear and convincing proof, may a citizen be deemed to have forfeited this
precious heritage of freedom. (Asistio v. Aguirre, G.R. No. 191124, April 27, 2010)
LOCAL AND OVERSEAS ABSENTEE VOTING

Local absentee voting
It refers to a system of voting whereby government officials and employees, including
members of the Armed Forces of the Philippines (AFP), and the Philippine National Police
(PNP), media practitioners including their technical and support staff who are duly registered
voters, are allowed to vote for the national positions in places where they are not registered
voters but where they are temporarily assigned to perform election duties on election day.
[COMELEC Resolution 9637, Sec. 1(a), 13 February 2013.]
Overseas Voting
The process by which qualified citizens of the Philippines abroad exercise their right to
vote. [R.A. 10590, Sec. 3(k), amending R.A. 9189, Sec. 3]
1. Coverage Qualified citizens of the Philippines may vote for President, Vice-President,
Senators and Party-List Representatives, as well as in all national referenda and plebiscites.
(R.A. 10590, Sec. 4, amending R.A. 9189)
2. Qualifications
a. Filipino citizens abroad;
b. At least 18 years of age on the day of elections; and
c. Not otherwise disqualified by law.
3. Disqualifications
a. Those who have lost their Filipino citizenship in accordance with Philippine laws;
b. Those who have expressly renounced their Philippine citizenship and who have pledged
allegiance to a foreign country, except those who have reacquired or retained their
Philippine citizenship under R.A. 9225;
c. Those who have committed and are convicted in a final judgment by a Philippine court or
tribunal of an offense punishable by imprisonment of not less than one year, such disability
not having been removed by plenary pardon or amnesty: Provided, however, that any
person disqualified to vote under this subsection shall automatically acquire the right to
vote upon the expiration of five years after service of sentence; and
d. Any citizen of the Philippines abroad previously declared insane or incompetent by
competent authority in the Philippines or abroad, as verified by the Philippine embassies,
consulates or Foreign Service establishments concerned, unless such competent authority
subsequently certifies that such person is no longer insane or incompetent (R.A. 10590, Sec.
5, amending R.A. 9189).
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DETAINEE VOTING
Detainee voting (either through the special polling place inside jails or escorted voting)
may be availed of by any registered detainee whose registration is not
transferred/deactivated/ cancelled/ deleted. (Sec. 1 of Resolution No. 9371, March 6,2012,
COMELEC.)
*See Resolution No. 9371 dated March 6,2012
CANDIDACY
Candidate
It refers to any person aspiring for or seeking an elective public office, who has filed
a Certificate of Candidacy (CoC) by himself or through an accredited political party,
aggroupment or coalition of parties[OEC,Sec. 79(a)].
Any person may thus file a CoC on any day within the prescribed period for filing a
CoC, yet that person shall be considered a candidate, for purposes of determining one’s
possible violations of election laws, only during the campaign period. (Penera v. COMELEC,
G.R. No. 181613, November 25, 2009; R.A. 9369, Poll Automation Law, Sec. 15)
QUALIFICATIONS AND DISQUALIFICATIONS OF CANDIDATES

Qualifications of Candidates
I. National level
A. For President and Vice-President
1. Natural-born citizen;
2. At least 40 years old on the day of the election;
3. Able to read and write;
4. Registered voter; and
5. Resident of the Philippines for at least10 years immediately preceding the day of the
election. (1987 Constitution, Art. VII, Sections 2 and 3)
B. For Senator
2. At least 35 years old on the day of the election;
3. Able to read and write;
4. Registered voter; and
5. Resident of the Philippines for not less than two years immediately preceding the day of
the election. (1987 Constitution, Art. VI,Sec.
3) II. Local level

A. For District Representatives
2. Registered voter in the district in which he shall be elected;
3. Resident of the same district for a period not less than one year immediately preceding
the day of the election;
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4. Able to read and write; and

5. At least 25 years old on the day of the election. (1987 Constitution, Art. VI, Sec. 6)
B. For Governor, Vice Governor, Mayor, Vice-Mayor, Punong Barangay and

Sangguniang Members (1994, 2005 Bar)
1. Citizen of the Philippines;
2. Registered voter in the barangay, municipality, city, or province or, in the case of a
member of the Sangguniang Panlalawigan, Sangguniang Panlungsod, or Sangguniang Bayan,
the district where he intends to be elected;
3. Resident therein for at least one year immediately preceding the day of the election;
4. Able to read and write Filipino or any other local language or dialect. (R.A. 7160 Local
Government Code of the Philippines, Sec. 39)
NOTE:
1.Congress may not add to qualifications for elective officials provided in the Constitution;
and 2. Qualifications prescribed by law are continuing requirements and must be possessed
for the duration of the officer’s active tenure. (Frivaldo v. COMELEC, G.R. No. 87193, June
23, 1989)
Purpose of the residency requirement

The minimum requirement under our Constitution and election laws for the
candidates' residency in the political unit they seek to represent has never been intended
to be an empty formalistic condition. It carries with it a very specific purpose: to prevent
“stranger[s] or newcomer[s] unacquainted with the conditions and needs of a community”
from seeking elective offices in that community. (Jalover v. de la Pena, G.R. No. 209286,
September 23, 2014)
Registered property as residency proof

The fact that a candidate has no registered property under his name in the locality
wherein he seeks to be elected does not belie his actual residence therein because property
ownership is not among the qualifications required of candidates for local election. It is
enough that he should live in the locality, even in a rented house or that of a friend or
relative. (Jalover v. dela Pena, ibid.)
Q: Caballero was a natural-born Filipino who had his domicile of origin in Uyugan, Batanes.
However, he later worked in Canada and became a Canadian citizen. Notwithstanding, he
frequently visited Uyugan, Batanes during his vacation from work in Canada. Where is his
residence for the purpose of elections?
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A: CANADA. In Coquilla v. COMELEC, SC ruled that naturalization in a foreign country may

result in an abandonment of domicile in the Philippines. This holds true in Caballero's case
as permanent resident status in Canada is required for the acquisition of Canadian
citizenship. Hence, Caballero had effectively abandoned his domicile in the Philippines and
transferred his domicile of choice in Canada. His frequent visits to Uyugan, Batanes during
his vacation from work in Canada cannot be considered as waiver of such abandonment.
(Caballero v. COMELEC, G.R. No. 209835, September 22, 2015)
Grounds for disqualification (1994, 1999, 2010 Bar)

1. Declared as incompetent or insane by competent authority;
2. Convicted by final judgment for subversion, insurrection, rebellion, or any offense for
which he has been sentenced to a penalty of 18 months imprisonment;
3. Convicted by final judgment for a crime involving moral turpitude;
4. Election offenses under Sec. 261 of the OEC;
5. Committing acts of terrorism to enhance candidacy
6. Spending in his election campaign an amount in excess of that allowed;
7. Soliciting, receiving, or making prohibited contributions;
8. Not possessing qualifications and possessing disqualifications under the Local
Government Code;
9. Sentenced by final judgment for an offense involving moral turpitude or for an offense
punishable by one year or more of imprisonment within two years after serving sentence;
10. Removed from office as a result of an administrative case;
11. Convicted by final judgment for violating the oath of allegiance to the Republic;
12. Dual citizenship (more specifically, dual allegiance)
13. Fugitives from justice in criminal or non-political cases here or abroad;
14. Permanent residents in a foreign country or those who have acquired the right to reside
abroad and continue to avail of the same right;
15. Insane or feeble-minded;
16. Nuisance candidate;
17. Violation of Sec. 73 OEC with regard to CoC; or
18. Violation of Sec. 78 on material misrepresentation in the COC.
Effect of an unsworn renunciation of foreign citizenship

Failure to renounce foreign citizenship in accordance with the exact tenor of Sec. 5(2) of
R.A. 9225 renders a dual citizen ineligible to run for and thus hold any elective public office.
(Sobejana-Condon v. COMELEC, G.R. No. 198742, August 10, 2012)
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Q: Joseph Dimapilis was elected as Punong Barangay of Brgy. Pulung Maragul in October
2010 and in 2013 he ran for re-election for the same position and won. When he filed his
COC, he declared under oath that he is eligible for the office that he seeks to be elected. A
petition for Disqualification was filed against Mr. Dimapilis on the ground that he was
barred from running in an election since he was suffering from the accessory penalty of
perpetual disqualification to hold public office as a consequence of his dismissal from
service as then Kagawad of Brgy. Pulung Maragul in an order dated November 10,2009 by
the Ombudsman. Is Dimapilis barred to run due to his misrepresentation he committed in
his COC?
A: YES, because of the material misrepresentation and a COC is a formal requirement for
eligibility to public office. A person intending to run for office must not only possess the
required qualifications for the position for which he intends to run but must also possess
none of the grounds for disqualification under the law. In this case Dimapilis was found
guilty of Grave Misconduct and its penalty is perpetual disqualification from holding public
office and the COMELEC has the legal duty to enforce and administer laws relative to the
conduct of an election and under Sec. 78 of the OEC the COMELEc has the legal duty to cancel
the COC of anyone who is suffering from the penalty of special disqualification to run for
public office by virtue of final judgment. (Joseph C. Dimapilis vs. COMELEC, GR NO. 227158,
April 18, 2017, PER, J. PERLAS-BERNABE)
FILING OF CERTIFICATES OF CANDIDACY

EFFECT OF FILING
No person shall be eligible for any elective public office unless he files a sworn
certificate of candidacy within the period fixed herein. (OEC, Sec. 73)
The certificate of candidacy shall be filed by the candidate personally or by his duly
authorized representative at any day from the commencement of the election period but
not later than the day before the beginning of the campaign period. In cases of
postponement or failure of election, no additional certificate of candidacy shall be accepted
except in cases of substitution of candidates. (OEC,Sec. 75)
A CoC evidences candidate’s statutory eligibility to be elected for an elective post. It
is the document which formally accords upon a person the status of a candidate. (Tagolino
v. HRET and Lucy Torres Gomez, G.R. No. 202202, March 19. 2013)
NOTE: A CoC may be amended before the elections, even after the date of its filing.
Provisions of the election law on certificates of candidacy are mandatory in terms.

However, after the elections, they are regarded as directory so as to give effect to the will of
the electorate. (Saya-Ang Sr. v. COMELEC, G.R. No. 155087, November 28, 2003)
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Purpose
1. Enable the voters to know, at least 60 days before the regular election, the candidates
among whom they have to choose; and
2. Avoid confusion and inconvenience in the tabulation of the votes cast. (Miranda v. Abaya,
G.R. No. 136351, July 28, 1999)
Filing CoC on the tenure of incumbency

1. As to appointive official – He/she is considered ipso facto RESIGNED from his office upon
the filing of his CoC and such resignation is irrevocable. (OEC, Sec. 66) (2002 Bar);
2. As to elective official – It has no effect. The candidate shall continue to hold office, whether
he is running for the same or a different position. (Fair Elections Act, Sec. 14, expressly
repealed B.P. 881, Sec. 67)
Q: Do the deemed-resigned provisions which are applicable to appointive officials and not
to elective officials violate the equal protection clause of the constitution?
A: NO. Substantial distinctions clearly exist between elective officials and appointive
officials.
The former occupy their office by virtue of the mandate of the electorate. They are
elected to an office for a definite term and may be removed therefrom only upon stringent
conditions. On the other hand, appointive officials hold their office by virtue of their
designation thereto by an appointing authority. Some appointive officials hold their office in
a permanent capacity and are entitled to security of tenure while others serve at the pleasure
of the appointing authority. (Quinto v. COMELEC, G.R. 189698, December 1, 2009)
Effect of filing two certificates of candidacy

It disqualifies the person to run for both elective positions (OEC, Sec. 73).
However, before the expiration of the period for the filing of CoC, the person who has
filed more than one certificate of candidacy may declare under oath the office for which he
desires to be eligible and cancel the CoC for the other office or office/s. A person who has
filed a certificate of candidacy may, prior to election, withdraw the same. The filing of a
withdrawal certificate of candidacy shall not affect whatever civil, criminal, or administrative
liabilities as candidate may have incurred (COMELEC Resolution 8678, Sec. 1).
SUBSTITUTION AND WITHDRAWAL OF CANDIDATES

Substitution An official candidate of a duly registered political party or coalition who
dies, withdraws, or is disqualified for any cause after the last day for the filing of CoCs may
be substituted by a candidate belonging to, and nominated by, the same political party or
coalition.
No substitute shall be allowed for any independent candidate.
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The substitute for a candidate, who died or is disqualified by final judgment, may file
a CoC up to mid-day of Election Day; Provided that, the substitute and the substituted have
the same surnames.
If the death or disqualification should occur between the day before the election and
mid-day of Election Day, the substitute candidate may file a CoC with any Board of Election
Inspectors, Election Officers, Provincial Election Supervisor, or Regional Election Director,
as the case may be, in the political subdivision where such person is a candidate, or in the
case of a candidate for President, Vice-President or Senator, with the Law Department;
Provided that, the substitute and the substituted candidate have the same surnames.
(COMELEC Resolution 9984, August 18, 2015)
Requisites for valid substitution

1. The substitute must belong to the same party or coalition; and
2. The deceased, disqualified or withdrawn candidate must have duly filed a valid CoC.
NOTE: The second requisite is a condition sine qua non. (Tagolino v. HRET and Lucy Torres-
Gomez, G.R. No. 202202, March 19. 2013)
Q: Raphael and Angelo filed their CoCs for the position of Mayor of Lucena City. Angelo filed
a petition to disqualify Raphael, alleging that Raphael still filed his CoC despite knowing that
he had exceeded the 3-term limit as Mayor of Lucena City. COMELEC First Division
disqualified Raphael. Marian, the wife of Raphael, filed her own CoC in substitution of her
husband, Raphael. Can Marian validly substitute her husband?
A: NO. A disqualified candidate may only be substituted if he had a valid CoC in the first place
because, if the disqualified candidate did not have a valid and seasonably filed CoC, he is and
was not a candidate at all. If a person was not a candidate, he cannot be substituted under
Sec. 77 of the OEC. If we were to allow the so-called "substitute" to file a "new" and "original"
CoC beyond the period for the filing thereof, it would be a crystalline case of unequal
protection of the law. Thus, there was no valid candidate for Marian to substitute due to
Raphael’s ineligibility. The existence of a valid CoC is therefore a condition sine qua non for
a disqualified candidate to be validly substituted (Tagolino v. HRET and Lucy Torres-Gomez,
G.R. No. 202202, March 19. 2013).
Q: James was a candidate for Vice Mayor in the First Order City. His Certificate of Nomination
and Acceptance (CONA) was signed by his party’s chapter president Lorena. It appears,
however, that his chapter president was not authorized by their national party leader to sign
James’ CONA. So, COMELEC considered him an independent candidate instead of being a
candidate by his party. Subsequently, James’ party submitted proof that Romualdez was
authorized to sign James’ CONA. Few days after filing his CoC, James died due to a heart
attack.
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Marcelina, James’ wife, filed her CoC to substitute her deceased husband. James, despite his
demise, received twice as much votes as Winston, James’ rival for the position. Winston then
questioned the substitution of Marcelina saying that an independent candidate cannot be
substituted. COMELEC agreed with Winston. Marcelina sought to reverse COMELEC’s
decision before the SC. Who should the SC favor?
A: Marcelina. Petitioner’s deceased husband’s name remained on the ballot notwithstanding

his death even before the campaign period for the local elections began on March 29, 2013.
Yet, he received almost twice the number of votes as the second placer, private respondent,
in a decisive victory. Since the people could not have possibly meant to waste their votes on
a deceased candidate, we conclude that petitioner was the undisputed choice of the
electorate as Vice Mayor on the apparent belief that she may validly substitute her husband.
That belief was not contradicted by any official or formal ruling by the COMELEC prior to the
elections.
The late submission of the authority to sign the CONA to the COMELEC was a mere
technicality that cannot be used to defeat the will of the electorate in a fair and honest
election. Non-compliance with formal requirements laid down in election laws when not
used as a means for fraudulent practice will be considered a harmless irregularity. Allowing
the belated submission of the authority to sign CONAs will not result in the situation
proscribed by Section 77 of the Omnibus Election Code – that an independent candidate will
be invalidly substituted. In the case at bar, neither the COMELEC nor private respondent
contended the deceased was not in fact a bona fide member of his party. The record is bereft
of any allegation that the authority was inexistent, forged or in any way defective. The only
issue was that it was not submitted within the prescribed deadline (Engle v. COMELEC, G.R.
No. 215995, January 19, 2016).
Stray votes
In case of valid substitutions after the official ballots have been printed, the votes cast
for the substituted candidates shall be considered as stray votes but shall not invalidate the
whole ballot. For this purpose, the official ballots shall provide spaces where the voters may
write the name of the substitute candidates if they are voting for the latter: Provided,
however, that if the substitute candidate of the same family name, this provision shall not
apply. [R.A. 9006(Fair Elections Act), Sec. 12]
No Candidate, No Substitution
Sec. 77, OEC requires that there be a candidate in order for substitution to take place.
Thus, if a person’s CoC had been denied due course to and/or cancelled under Sec. 78, OEC,
he or she cannot be validly substituted in the electoral process. Stated differently, since there
would be no candidate to speak of under a denial of due course to and/or cancellation of a
CoC case, then there would be no candidate to be substituted. (PERLAS-BERNABE CASE;
Tagolino vs. HRET and Lucy Torres-Gomez, G.R. No. 202202, March 19. 2013)
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NUISANCE CANDIDATES
Any registered candidate for the same office may file a petition to declare a duly
registered candidate as a nuisance candidate, personally or through duly authorized
representative with COMELEC, within five days from the last day of filing of CoC. [R.A. 6646
(The Electoral Reforms Law of 1987), Sec. 5]
Grounds
The COMELEC may motu proprio or upon verified petition refuse to give due course
to or cancel a certificate of candidacy if shown that it was filed to:
1. Put the election process in mockery or disrepute;
2. Cause confusion among the voters by the similarity of the names of the registered
candidates; or
3. Clearly demonstrate that the candidate has no bona fide intention to run for the office for
which the CoC has been filed and thus prevent a faithful determination of the true will of the
electorate. (OEC, Sec. 69)
Power of COMELEC
GR: The COMELEC may, motu proprio or upon verified petition of an interested party, refuse
to give due course to or cancel a CoC upon showing of the above-stated circumstances.
(OEC,Sec. 69)
XPN: The COMELEC cannot motu proprio deny due course to or cancel an alleged nuisance
candidate’s certificate of candidacy without providing the candidate his opportunity to be
heard. (Timbol v. COMELEC, G.R. No. 206004, February 24, 2015)
Reason for the prohibition of Nuisance Candidates

The prohibition against nuisance candidates is aimed precisely at preventing
uncertainty and confusion in ascertaining the true will of the electorate. Thus, in certain
situations, final judgments declaring a nuisance candidate should effectively cancel the COC
filed by such candidates as of election day. Otherwise, potential nuisance candidates will
continue to put the electoral process into mockery by filing certificates of candidacy at the
last minute and delaying resolution of any petition to declare them as nuisance candidates,
until elections are held and the votes counted and canvasses. (Celestino Martinez v. HRET,
G.R. No. 189034, January 11,2010)
Effect of voting a nuisance candidate

The votes cast for a nuisance candidate are not stray but counted in favor of the bona
fide candidate. (Dela Cruz v. COMELEC, G.R. No. 192221, November 13, 2012)
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MINISTERIAL DUTY OF COMELEC TO RECEIVE CERTIFICATES

GR: The COMELEC shall have the ministerial duty to receive and acknowledge receipt of the
certificates of candidacy. Provided, that said certificates are under oath and contain all the
required data and in the form prescribed by the Commission. (OEC, Sec. 7; Cerafica v.
COMELEC, G.R. No. 205136, December 2, 2014)
XPNs: COMELEC may go beyond the face of the CoC in the following:
1. Nuisance candidates(OEC, Sec. 69);
2. Petition to deny due course or to cancel a CoC(OEC, Sec. 78); or
3. Filing of a disqualification case on any of the grounds enumerated in Sec. 68, OEC.
REMEDIES AND JURISDICTION IN ELECTION LAW

PETITION NOT TO GIVE DUE COURSE TO OR CANCEL A CERTIFICATE OF CANDIDACY
A verified petition seeking to deny due course to a certificate of candidacy may be
filed by any person exclusively on the ground that material representation contained therein
as required is false. The petition may be filed not later than 25 days from the time of filing of
the certificate of candidacy, and shall be decided, after due notice and hearing, not later than
15 days before the election.
In addition, the COMELEC may motu proprio or upon verified petition refuse to give
due course to or cancel a certificate of candidacy if show that it was filed:
1. Put the election process in mockery or disrepute;
2. Cause confusion among the voters by the similarity of the names of the registered
candidates; or
3. Clearly demonstrate that the candidate has no bona fide intention to run for the office for
which the CoC has been filed and thus prevent a faithful determination of the true will of the
electorate. (OEC, Sec. 69)
PETITION FOR DISQUALIFICATION

It is the remedy against any candidate who does not possess all the qualifications
required by the Constitution or law, or who commits any act declared by law to be grounds
for disqualification. (COMELEC Rules of Procedure, Rule 25, Sec.1)
Time of filing the petition for disqualification

The petition for disqualification may be filed any day after the last day for filing of
certificates of candidacy, but not later than the date of proclamation. (COMELEC Rules of
Procedure, Rule 25,Sec. 3)
Nature of the proceedings

The petition is heard summarily (COMELEC Rules of Procedure, Rule 25, Sec. 4).
However, the COMELEC cannot disqualify a candidate without hearing and affording him
opportunity to adduce evidence to support his side and taking into account such evidence.
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Final and executory judgment

A decision or resolution is deemed final and executory if, in case of a division ruling,
no motion for reconsideration is filed within the reglementary period, or in cases of rulings
of the Commission en banc, no restraining order is issued by the Supreme Court within five
days from receipt of the decision or resolution. (2013 COMELEC Rules of Procedure, Rule 23,
Sec. 8, as amended by COMELEC Resolution No. 9523)
Grounds for disqualification

1. 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 18 months or for a crime involving
moral turpitude (OEC, Sec. 12);
2. Any candidate who, in action or protest in which he is a party, is declared by final decision
guilty of or found by COMELEC of having:
a. Given money or other material consideration to influence, induce or corrupt the voters of
public officials performing electoral functions;
b. Committed acts of terrorism to enhance his candidacy;
c. Spent in his election campaign an amount in excess of the allowed; and
d. Solicited, received or made any contribution prohibited under the Omnibus Election Code.
(OEC, Sec. 68)
3. Any person who is a permanent resident of or an immigrant to a foreign country, unless said
person has waived his status as permanent resident or immigrant of a foreign country.
(OEC, Sec. 68)
NOTE: R.A. 9225expressly provides for the conditions before those who re-acquired
Filipino citizenship may run for a public office in the Philippines.
(See earlier discussion on the grounds for disqualification under Candidacy for a longer list.)
Rules on disqualification cases

1. Complaint filed before election – The Commission shall determine whether the acts
complained of have in fact been committed. If so, the COMELEC shall order the
disqualification of the respondent candidate.
2. Complaint not resolved before election – COMELEC may motu propio or on motion of any
of the parties refer the complaint to the Law Department of the Commission.
3. Complaint filed after election and proclamation of winner – The complaint shall be
dismissed.
NOTE: The complaint shall be referred for preliminary investigation to the Law Department.
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4. Complaint filed after election but before proclamation of winner – The complaint shall be
dismissed.
NOTE: The complaint shall be referred for preliminary investigation to the Law Department.
If the Law Department makes a prima facie finding of guilt and the corresponding
information has been filed with the trial court, the complainant may file a petition for
suspension of the proclamation of the respondent.
5. Submission of recommendation to Commission en banc – The Law Department shall
terminate the preliminary investigation within 30 days from receipt of the referral and shall
submit its study, report and recommendation to the Commission en banc within five days
from the conclusion of the preliminary investigation. If it makes a prima facie finding of
guilt, it shall submit with such study the Information for filing with the appropriate court.
Remedy if petition for disqualification is unresolved on election day

The petitioner may file a motion with the division or Commission en banc where the
case is pending, to suspend the proclamation of the candidate concerned, provided that the
evidence for the grounds to disqualify is strong. For this purpose, at least three days prior
to any election, the Clerk of the Commission shall prepare a list of pending cases and furnish
all Commissioners copies of said the list.
In the event that a candidate with an existing and pending petition to disqualify is
proclaimed winner, the Commission shall continue to resolve the said petition. (COMELEC
Rules of Procedure, Rule 25, Sec. 5, as amended by COMELEC Resolution 9523, September
25, 2012).
Petition to deny due course to or cancel CoC vs. petition for disqualification
PETITION TO DENY DUE COURSE TO OR PETITION FOR DISQUALIFICATION
CANCEL CoC
Based on a statement of a material Premised on Sec. 12 of OEC, or Sec. 40 of
representation in the said certificate that is the LGC.
false.
Premised on Sec. 12 of OEC, or Sec. 40 of the A person who is disqualified under Sec. 68
LGC. is merely prohibited to continue as a
candidate.
A person whose CoC has been denied due A candidate who is disqualified under Sec.
course or cancelled under Sec. 78 cannot be 68 can be validly substituted under Sec. 77
substituted because he is never considered of the OEC because he remains a candidate
as candidate. until disqualified.
FAILURE OF ELECTION, CALL OF SPECIAL ELECTION

Grounds for failure of elections Failure of elections may be declared in the following
cases:
1. The election in any polling place has not been held on the date fixed on account of force majeure,
violence, terrorism, fraud, or other analogous causes;
2. The election in any polling place had been suspended before the hour fixed by law for the closing
of the voting on account of force majeure, violence, terrorism, fraud, or other analogous causes; and
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3. After the voting and during the preparation and transmission of the election returns or
canvass thereof such election results in failure to elect on account of force majeure, violence,
fraud or analogous causes. (Banaga Jr. v. COMELEC, G.R. No. 134696, July 31, 2000)
NOTE: There is failure of elections only when the will of the electorate has been muted and
cannot be ascertained (Benito v. COMELEC, G.R. No. 134913, Jan. 19, 2001).
Requisites for declaration of failure of elections

The following requisites must concur:
1. No voting has taken place in the precincts concerned on the date fixed by law, or even if
there was voting, the election nonetheless resulted in a failure to elect; and
2. The votes cast would affect the results of the election.
Power to declare a failure of election

The COMELEC en banc has the original and exclusive jurisdiction to hear and decide
petitions for declaration of failure of election or for annulment of election results (R.A. 7166,
Sec. 4).
Failure of Elections vs. Postponement of Elections
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Q: Ted and Barney both ran for the position of representative of the first district of Northern Samar.
Ted won while Barney placed second. Barney filed an election protest before the HRET against Ted,
alleging terrorism committed by the supporters of Ted before, during, and after the elections.
Barney prayed for the annulment of Ted’s election. Ted argued that HRET has no jurisdiction over
the protest on the premise that annulment of election returns on the ground of terrorism is akin to
a declaration of failure of elections which is under the exclusive jurisdiction of COMELEC. Is Ted
correct?
A: NO. The power of the HRET to annul elections differs from the power granted to the COMELEC to
declare failure of elections. The Constitution no less, grants the HRET with exclusive jurisdiction to
decide all election contests involving the members of the House of Representatives, which
necessarily includes those which raise the issue of fraud, terrorism or other irregularities
committed before, during or after the elections. To deprive the HRET the prerogative to annul
elections would undermine its constitutional fiat to decide election contests. The phrase “election,
returns and qualifications” should be interpreted in its totality as referring to all matters affecting
the validity of the contestee's title. Consequently, the annulment of election results is but a power
concomitant to the HRET's constitutional mandate to determine the validity of the contestee's title.
The power granted to the HRET by the Constitution is intended to be as complete and
unimpaired as if it had remained originally in the legislature. Thus, the HRET, as the sole judge of all
contests relating to the election, returns and qualifications of members of the House of
Representatives, may annul election results if in its determination, fraud, terrorism or other
electoral irregularities existed to warrant the annulment. Because in doing so, it is merely exercising
its constitutional duty to ascertain who among the candidates received the majority of the valid
votes cast. (Abayon v. HRET, G.R. No. 223032, May 3, 2016)
PRE-PROCLAMATION CONTROVERSY
Pre-proclamation controversy refers to any question pertaining to or affecting the
proceedings of the BoC, which may be raised by any candidate or by any registered political party
or coalition of political parties, or by any accredited and participating party list group, before the
Board or directly with the COMELEC. (COMELEC Resolution No. 8804, Rule 3, Sec. 1)
Purpose
To ascertain winners in the elections on basis of election returns duly authenticated by
BEI and admitted by the BOC. (Abella v. Larrazabal, G.R. No. 87721-30, December 21, 1989)
Q: Sao was an official candidate for Municipal Mayor. Que ran for the same position. Sao alleged to
have witnessed an anomalous activity that affected the integrity of several election returns (ER).
During the canvassing, Sao sought for the exclusion of the contested ERs on the grounds of massive
fraud, illegal proceedings, tampered/falsified and obviously manufactured returns. He alleged that
the oral objections were timely made, and the written petition for Petition for Exclusion was filed
with the Municipal Board of Canvassers (MBOC).
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Were the allegations raised by Sao on the contested ERs proper in a pre-proclamation controversy?
A: NO. The unsubstantiated issues raised by Sao were not proper for a pre-proclamation
controversy. Pre-proclamation controversy is summary in character which must be promptly
decided. Hence, the Board of Canvassers (BOC) will not look into allegations of irregularity that are
not apparent on the face of ERs that appear otherwise authentic and duly accomplished. The Court
found that there is absolutely no indication that the contested ERs were falsified or tampered with.
Claims that contested ERs are obviously manufactured or falsified must be evident from the face of
the said documents. As such, there was no valid ground to delay the proclamation, since the
unsubstantiated issued raised by Sao were not proper for a pre-proclamation controversy. (Sao v.
COMELEC, G.R. No. 182221, February 2, 2010)
Jurisdiction
COMELEC has exclusive jurisdiction over pre proclamation cases. It may order, motu
proprio or upon written petition, and after due notice and hearing the partial or total suspension of
the proclamation of any candidate-elect or annul partially or totally any proclamation, if one has
been made, as the evidence shall warrant. (OEC, Sec. 242)
Nature and execution of judgment

It shall be heard summarily by the COMELEC. Its decision shall be executory after five
days from receipt by the losing party, unless otherwise ordered.
When not allowed (2008 Bar)

1. For the positions of President, Vice President, Senator and Member of House of Representatives
(R.A. 7166, Sec. 15); and
XPNs:
a. Correction of manifest errors;
b. Questions affecting the composition or proceedings of the Board of Canvassers (COMELEC
Res. No. 8804, March 22, 2010,Rule 3,Sec. 1); and
NOTE: However, this does not preclude the authority of the appropriate canvassing body, motu
proprio or upon written complaint of an interested person, to correct manifest errors in the
certificate of canvass or election before it. (R.A. 9369, Sec. 38)
b. Determination of the authenticity and due execution of certificates of canvass as provided in
Sec. 30 of RA 7166, as amended by RA 9369.
2. No pre-proclamation cases are allowed in case of barangay election. (R.A. 6679, Sec. 9)
Issues that may be raised (1996 Bar)

1. Illegal composition or proceedings of the board of election canvassers;
2. Canvassed election returns are either:
a. Incomplete;
b. Contain material defects;
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c. Appear to be tampered with or falsified; or

d. Contain discrepancies in the same returns or in authentic copies;
3. The election returns were:

a. Prepared under duress, threats, coercion, intimidation; or
b. Obviously manufactured or not authentic;
4. Substituted or fraudulent returns in controverted polling places were canvassed, the

results of which materially affected the standing of the aggrieved candidate(s); or
5. Manifest errors in the Certificates of Canvass or Election Returns. (R.A. 7166, Sec. 15;
Chavez v. COMELEC, G.R. No. 16277, August 31, 2004)
NOTE: The enumeration is restrictive and exclusive. (Suhuri v. Commission on Elections, G.R.
No. 181869, October 2, 2009)
Issues that cannot be raised

1. Appreciation of ballots, as this is performed by the BEI at the precinct level and is not part
of the proceedings of the BOC (Sanchez v. COMELEC, G.R. No. 78461, August 12, 1987);
2. Technical examination of the signatures and thumb marks of voters (Matalam v. COMELEC,
G.R. No. 123230, April 18, 1997);
3. Prayer for re-opening of ballot boxes (Alfonso v. COMELEC, G.R. No. 107847, June 2, 1994);
4. That the padding of the List of Voters may constitute fraud, or that the BEI may have
fraudulently conspired in its preparation; vote-buying and terrorism (Ututalum v. COMELEC,
G.R. No. 84843-44, January 22, 1990);
5. Challenges directed against the BEI (Ututalum v. COMELEC, G.R. No. 84843-44, January 22,
1990);and
6. Fraud, terrorism and other illegal electoral practices. These are properly within the office
of election contests over which electoral tribunals have sole, exclusive jurisdiction (Loong v.
COMELEC, G.R. No. 93986, December 22, 1992).
Effect of filing of pre-proclamation controversy

1. The period to file an election contest shall be suspended during the pendency of the
pre proclamation contest in the COMELEC or the Supreme Court;
2. The right of the prevailing party in the pre proclamation contest to the execution of
COMELEC’s decision does not bar the losing party from filing an election contest; and
3. Despite the pendency of a pre-proclamation contest, the COMELEC may order the
proclamation of other winning candidates whose election will not be affected by the outcome
of the controversy.
Termination of pre-proclamation cases

GR: Pre-proclamation cases are terminated at the beginning of term of the officers. (R.A.
7166, Sec. 16)
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XPNs:
1. When based on evidence, COMELEC determines that petition is meritorious;
2. The SC in a petition for certiorari issues a contrary order; or
3. The case is not a pre-proclamation case. (Peñaflorida v. COMELEC, G.R. No. 125950,
November 18, 1997)
Q: Is the COMELEC precluded from exercising powers over pre proclamation controversies,
when the Electoral Tribunal acquires jurisdiction?
A: GR: YES. COMELEC is precluded from exercising powers over pre-proclamation
controversies when the Electoral Tribunal acquires jurisdiction.
XPNs:
1. BOC was improperly constituted;
2. Proclamation was null and void;
3. Quo warranto is not the proper remedy;
4. What was filed was a petition to annul a proclamation, and not a quo warranto or election
protest; and
5. Election contest expressly made without prejudice to pre-proclamation controversy or it
was made ad cautelam.
Petition to annul or suspend the proclamation

It is a remedy where there is a manifest error on the face of the transmitted returns
or variance of results from the election returns and CoC, and a winning candidate is about to
be, or has already been proclaimed on the basis thereof.
The COMELEC is required to hear the petition immediately and the ballots may be
ordered to be manually recounted to verify the manifest errors or alleged variance.
NOTE: The filing of a petition to annul or suspend the proclamation shall suspend the
running of the period within which to file an election protest or quo warranto proceedings.
Q: Layug, in his capacity as a tax payer, filed a petition to disqualify Buhay Party-List from
participating in the May 2010 elections, and Brother Mike from being its nominee but the
same was denied by the COMELEC second division for lack of substantial evidence.
Consequently, COMELEC proclaimed Buhay Party-List as winner entitled to two seats in the
House of Representatives. Layug then filed a motion for reconsideration claiming denial of
due process for the failure of COMELEC to serve him, his representatives a copy of said
resolution. However, said motion was denied. Hence, Layug filed a petition for Certiorari
under Rule 65 before the Supreme Court imputing grave abuse of discretion on the part of
the COMELEC for failure to issue a notice of promulgation to Layug's counsel and hear and
decide his motion for reconsideration. The COMELEC argued that since there was already a
proclamation of Buhay Party List as winner, the HRET and not the court has jurisdiction over
the questions relating to qualifications. Does the court have jurisdiction over the petition?
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A: YES. Section 6 of the Party-List System Act states 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.
Thus, it is the Court, under its power to review decisions, orders, or resolutions of the
COMELEC provided under Section 7, Article IX-A of the 1987 Constitution and Section 1, Rule
37 of the COMELEC Rules of Procedure that has jurisdiction to hear the instant petition.
(Rolando D. Layug vs. Commssion On Elections, G. R. No. 192984, February 28, 2012, PER J.
PERLAS-BERNABE)
ELECTION PROTEST
Post-election disputes
These are disputes which arise or are instituted after proclamation of winning
candidates and which issues pertain to the casting and counting of votes (election protests),
or to the eligibility or disloyalty of the winning candidates (quo warranto).
Nature and purpose of an election contest

It is a special summary proceeding the object of which is to expedite the settlement
of controversies between candidates as to who received the majority of legal votes.
NOTE: Statutes providing for election contests are to be liberally construed to the end that
the will of the people in the choice of public officers may not be defeated by mere technical
objections. It is imperative that his claim be immediately cleared not only for the benefit of
the winner but for the sake of public interest, which can only be achieved by brushing aside
technicalities of procedure which protract and delay the trial of an ordinary action. (Vialogo
v. COMELEC, G.R. No. 194143, October 4, 2011)
Where election protests can be filed

1. COMELEC – It is the sole judge of all contests relating to elections, returns, and
qualifications of all elective regional, provincial and city officials (reviewable by SC under
Rule 64 using Rule 65); NOTE: Decisions of COMELEC en banc are appealable to SC(2001
Bar).
2. Presidential Electoral Tribunal –Against the President and Vice President;
3. SET – Against a senator;
4. HRET –Against a representative;
5. RTC – Over contests for municipal officials which may be appealed to COMELEC; and
6. MeTC or MTC – For barangay officials which may be appealed to COMELEC.
Grounds for the filing of election protests

1. Fraud;
2. Vote-buying;
3. Terrorism;
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4. Presence of flying voters;

5. Misreading or misappreciation of ballots;
6. Disenfranchisement of voters;
7. Unqualified members of board of election inspector; and
8. Other election irregularities.
NOTE: Pendency of election protest is not sufficient basis to enjoin the protestee from
assuming office.
Content of an election protest

It must be initiated by filing a protest that must contain the following allegations:
1. The protestant is a candidate who duly filed a COC and was voted for in the election;
2. The protestee has been proclaimed; and
3. The petition was filed within ten (10) days after the proclamation. (Miro v. COMELEC, G.R.
No. L-57574, April 20, 1983)
Effect if the protestant accepts a permanent appointment

Acceptance of a permanent appointment to a regular office during the pendency of
his protest is an abandonment of the electoral protest. The same is true if a protestant
voluntarily sought election to an office whose term would extend beyond the expiry date of
the term of the contested office, and after winning the said election, took her oath and
assumed office and there after continuously serves it. The reason for this is that the dismissal
of the protest would serve public interest as it would dissipate the aura of uncertainty as to
the results of the presidential election, thereby enhancing the all-to crucial political stability
of the nation during this period of national recovery (Santiago v. Ramos, P.E.T. Case No. 001,
February 13, 1996).
In assuming the office of Senator, one has effectively abandoned or withdrawn this
protest. Such abandonment or withdrawal operates to render moot the instant protest.
Moreover, the dismissal of this protest would serve public interest as it would dissipate the
aura of uncertainty as to the results of the election. (Legarda v. De Castro, PET case no. 003,
January 18, 2008)
Requisites for an execution pending appeal in election protest cases

1. It must be upon motion by the prevailing party with notice to the adverse party;
2. There must be good reasons for the said execution; and
3. The order granting the said execution must state the good reasons. (Navarosa v. COMELEC,
G.R. No. 157957, September 18, 2003)
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“Good reasons”
A combination of two or more of the following:
1. That public interest is involved or the will of the electorate;
2. The shortness of the remaining portion of the term of the contested office; or
3. The length of time that the election contest has been pending. (Ramas v. COMELEC, G.R.
No. 130831. February 10, 1998)
NOTE: If instead of issuing a preliminary injunction in place of a TRO, a court opts to decide
the case on its merits with the result that it also enjoins the same acts covered by its TRO, it
stands to reason that the decision amounts to a grant of preliminary injunction. Such
injunction should be deemed in force pending any appeal from the decision. The view that
execution pending appeal should still continue notwithstanding a decision of the higher
court enjoining such execution—does not make sense. It will render quite inutile the
proceedings before such court. (Panlilio v. COMELEC, G.R. No. 184286, February 26, 2010)
Best pieces of evidence in an election contest

1. Ballots are the best and most conclusive evidence in an election contest where the
correctness of the number of votes of each candidate is involved (Delos Reyes, G.R. No.
170070, February 28, 2007); and
2. Election returns are the best evidence when the ballots are lost, destroyed, tampered or
fake.
Right to withdraw
A protestant has the right to withdraw his protest or drop polling places from his
protest. The protestee, in such cases, has no cause to complain because the withdrawal is the
exclusive prerogative of the protestant.
QUO WARRANTO
Quo warranto proceeding for an elective office
Quo warrant refers to an election contest relating to the qualifications of an elective
official on the ground of (1) ineligibility or (2) disloyalty to the Republic of the Philippines.
The issue is whether respondent possesses all the qualifications and none of the
disqualifications prescribed by law. (A.M. No. 07-4-15-SC, May 15, 2007)
Jurisdiction
NOTE: Quo warranto proceedings against a Congressman-elect, Senator-elect, President-
elect and VP-elect are brought before the appropriate electoral tribunals created by the
Constitution.
Quo warranto proceedings against any regional, provincial or city officials are
brought before the COMELEC.
Quo warranto proceedings against municipal officials and barangay officials are
brought before the RTCs and MTCs respectively.
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Election protest vs.Quo warranto case under the OEC (2001, 2006 Bar)
Effect of filing an election protest or a petition for quo warranto

Generally, it bars the subsequent filing of a pre-proclamation controversy or a
petition to annul proclamation. It also amounts to the abandonment of one filed earlier, thus,
depriving the COMELEC of the authority to inquire into and pass upon the title of the
protestee or the validity of his proclamation. Once the competent tribunal has acquired
jurisdiction over an election protest or a petition for quo warranto, all questions relative
thereto will have to be decided in the case itself and not in another proceeding. (Villamor v.
COMELEC, G.R. No. 169865, July 21, 2006)
Q: In March 2013, COMELEC First Division issued a resolution cancelling Jeninah’s CoC on
the ground that she is not a citizen of the Philippines because of her failure to comply with
the requirements of the Citizenship Retention and Re-acquisition Act of 2003. On April 8,
2013, Jeninah filed an MR claiming that she is a natural-born Filipino citizen, but it was
denied by COMELEC on May 14 for lack of merit and declared it final and executory. Jeninah,
however, was proclaimed the winner of the May 2013 elections, and took her oath of office
but is yet to assume office on June 30, 2013.
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Jeninah contends that COMELEC lost jurisdiction pursuant to Sec. 17, Art. 6 of the 1897
Constitution which states that HRET has the exclusive jurisdiction to be the “sole judge of all
contests relating to the election, returns and qualifications” of the Members of the HOR. Is
the contention of Jeninah correct?
A: NO. The Court has invariably held that once a winning candidate has been proclaimed,
taken his oath, and assumed office as a Member of the HOR, the COMELEC's jurisdiction over
election contests relating to his election, returns, and qualifications ends, and the HRET's
own jurisdiction begins. Here, Jeninah, the winning candidate cannot be considered a
Member of the HOR because, primarily, he has not yet assumed office. To repeat what has
earlier been said, the term of office of a Member of the HOR begins only “at noon on the 30th
day of June next following their election.” Thus, until such time, the COMELEC retains
jurisdiction. (Reyes v. COMELEC, G.R. No. 207264, June 25, 2013)
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Topic 5 (Part 3): Chapter Questions
1. What is suffrage and what are its scope?

2. What are the kinds of election?
3. What are the qualifications and disqualifications of the voters?
4. What are the qualifications and disqualifications of candidates?
5. What are the grounds for failure of elections?
6. What are the grounds for filing of election protest?
7. What is a quo warranto case?
***End of Topic 5 (Part 3)***
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Topic 5 Part 3 Philippine Government and Constitution Week 8

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Republic of the Philippines

MARINDUQUE STATE COLLEGE

BACHELOR OF PUBLIC ADMINISTRATION

PHILIPPINE GOVERNMENT AND CONSTITUTION

Second Semester, A.Y. 2020-2021

COURSE MODULE AND LEARNING GUIDE

Topic 5 (Part 2): The 1987 Philippine Constitution

COURSE INTENDED LEARNING OUTCOMES:

B. Learning Schedule and Requirements:

BACHELOR OF PUBLIC ADMINISTRATION

BACHELOR OF PUBLIC ADMINISTRATION

b. Minimum of 300 words and maximum of 500 words.

D. Topic Learning References/Other Readings:

Prepared by: Reviewed and approved by:

KATRINA B. EVANGELISTA-DE MESA, MPA ANNE GRACE M. LABATETE, DGM

BACHELOR OF PUBLIC ADMINISTRATION

PHILIPPINE GOVERNMENT AND CONSTITUTION

TOPIC 5 (Part 3): The 1987 Philippine Constitution

Citizenship vs. Nationality

WHO ARE FILIPINO CITIZENS

BACHELOR OF PUBLIC ADMINISTRATION

Government officials required to be natural-born Filipino citizens

MODES OF ACQUIRING CITIZENSHIP

LOSS AND RE-ACQUISITION OF PHILIPPINE CITIZENSHIP

Loss of Philippine citizenship; Grounds

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5. Cancellation of certificate of naturalization (Denaturalization); or

Ways to reacquire citizenship

How repatriation is effected

RA 9225 “Citizenship Retention and Reacquisition Act of 2003”

BACHELOR OF PUBLIC ADMINISTRATION

Effect of use of foreign passport; Maquiling doctrine

Strict adherence to Maquiling doctrine

BACHELOR OF PUBLIC ADMINISTRATION

DUAL CITIZENSHIP AND DUAL ALLEGIANCE

BACHELOR OF PUBLIC ADMINISTRATION

BACHELOR OF PUBLIC ADMINISTRATION

Foundlings are likewise citizens under international law

Universal Declaration of Human Rights (UDHR)

UN Convention on the Rights of the Child (UNCRC)

International Covenant on Civil and Political Rights (ICCPR)

Hague Convention on Certain Questions Relating to the Conflict of Nationality Laws

United Nations Convention on the Reduction of Statelessness

BACHELOR OF PUBLIC ADMINISTRATION

Right of suffrage not absolute

Right of suffrage not absolute

BACHELOR OF PUBLIC ADMINISTRATION

6. Initiative - The power of the people to propose amendments to the Constitution or to

BACHELOR OF PUBLIC ADMINISTRATION

Rules on construction of election laws

QUALIFICATION AND DISQUALIFICATION OF VOTERS

Residence and domicile

Effect of transfer of residence

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Establishing a new domicile

Disqualifications for the exercise of suffrage

BACHELOR OF PUBLIC ADMINISTRATION

Illiterate and disabled voters

Kinds of registration system

BACHELOR OF PUBLIC ADMINISTRATION

Q: Kabataan Party-List assailed the constitutionality of RA 10367, which directs COMELEC to

Grounds for alteration

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