Electoral Systems, Laws and Reforms

Prepared by: Prof. Kaete Anne B. Cortez, Ll. B, MPA

Introduction

Art. II, Sec. 1 1987 Constitution:

The Philippines is a democratic and republican state. Sovereignty resides in the people,
and all government authority emanates from them.
A democratic and republican government derives all its powers, directly or indirectly, from
the people at large. Its essence is the indirect rule. Actual sovereignty is exercised by the people
by means of suffrage.
Suffrage – the right to vote in the election of officers chosen by the people and in the
determination of questions submitted to the people; it includes election, plebiscite, initiative and
referendum.
Suffrage is the right and obligation of qualified citizens to vote:
- in the election of certain national and local officials, and
- in the decision of public questions submitted to the people.

Nature of Suffrage:

1. Mere privilege- Not a natural right of the citizens but a mere privilege to be given or withheld
by the lawmaking power subject to constitutional limitations. It is not necessarily an
accompaniment of citizenship; it is granted only upon fulfilling certain minimum conditions.
2. Political Right- enabling citizens to participate in the process of government to ensure that it
derives its power from the consent of the governed. It operates on the principle of "one man (or
one woman), one vote."
Voting – the act or exercise of one’s right to suffrage
Election – the means by which the 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. It involves
the choice of candidates to public office by popular vote.

Kinds

1. Regular – one provided by law for election of officers either nationwide or in certain
subdivisions thereof, after expiration of the full term of the former members; participated in by

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those who possess the right of suffrage, are not otherwise disqualified by law, and who are
registered voters.
- The SK election is not regular because the latter is participated in by youth with ages
ranging from 15-21 (now 15-18 per R.A. 9164), some of whom are not qualified voters to
elect local or national elective officials (Paras v. COMELEC).
2. Special – one held to fill any vacancy in an office before the expiration of the full term for
which the incumbent was elected.
- Plebiscite – the electoral process by which an initiative on the Constitution is approved
or rejected by the people; it is also the means by which the voters in affected areas
consent to object to the change in the form of local government.

- Initiative – the power of the people to propose amendments to the Constitution or to

propose and enact legislation through an election called for the purpose. There are three
systems of initiative, namely:
• Initiative on the Constitution, which refers to a petition proposing amendments to
the Constitution;
• Initiative on statutes, which refers to a petition proposing to enact national
legislation;
• Initiative on local legislation, which refers to a petition proposing to enact a
regional, provincial, city, municipal or barangay law, resolution or ordinance
❖ Note that in the case of Santiago v. COMELEC, the Supreme Court held that there
is no law yet sufficient for proposing amendments to the Constitution. R.A. 6735
was deemed sufficient for statutory amendments but not Constitutional
amendments.

- Referendum – the power of the electorate to approve or reject legislation through an

election called for the purpose. It may be of 2 classes, namely:
• Referendum on statutes, which refers to a petition to approve or reject an
act or law, or part thereof, passed by Congress; and
• Referendum on local law which refers to a petition to approve or reject a
law, resolution or ordinance enacted by regional assemblies and local
legislative bodies

- Recall – a mode of removal of a local elective official by the people before the end of his
term of office.

Theory on Suffrage prevailing in the Philippines

Suffrage is both a right and a privilege. It is a right because it is the expression of the sovereign
will of the people. It is a privilege because its exercise is granted not to everybody but to the
persons or class who are most likely to exercise it for the public good.

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 System of Election Adopted in the Philippines:

In 1901, the Australian system, was first conceived by Francis Dutton, a member of the
Legislature of South Australia. The distinguishing feature of the system is STRICT SECRECY
IN BALLOTING.
Election Period: Unless otherwise fixed by the Commission in special cases, the election period
shall commence ninety days before the day of the election and end thirty days thereafter (Sec.
9, Art. IX-C, 1987 Constitution).
Campaign Period:
- Presidential and Vice-Presidential Election – 90 days;
- Election of Members of Congress and Local Election – 45 days; and Barangay Election – 15
days
- Special Election under Art. VIII, Sec. 5, Subsection (2) of the Constitution – 45 days.
- The campaign periods shall not include the day before and the day of the election (Sec. 3, B.P.
881).

Who can exercise the Right to Suffrage?

Under Art. V, Sec. 1 of the 1987 Constitution, the right of suffrage may be exercised by all
citizens of the Philippines who are:
- not otherwise disqualified by law,
- at least 18 years of age, and
- have resided in the Philippines for at least 1 year, and where they propose to vote for at
least six months immediately preceding the election.
The same provision provides that no literacy, property or another substantive requirement
shall be imposed on the exercise of suffrage and that Congress may not add or alter the
qualifications of voters under Art. V, Sec. 1 of the 1987 Constitution. This specification is an
implied prohibition against interference on the part of Congress in the right of suffrage.
Congress, however, to a limited extent can regulate the right of suffrage by:
- Defining the qualifications of voters
- Regulating elections
- Prescribing the form of the official ballot
- Providing for the manner of choosing candidates and the names to be printed on the ballot
- Regulating the manner of conducting elections

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 - Suppressing whatever evils incident to the election of public officers, pursuant to its duty
to secure the secrecy and sanctity of the ballots under Art. V, Sec. 2 of the 1987
Constitution.
What are the substantive requirements for the exercise of suffrage?
The only substantive requirements to exercise the right to vote are: (CARA)
(1) Citizenship
(2) Age
(3) Residency
(4) Absence of disqualifications

Filipino citizenship
This may be by birth or naturalization.
Age
Must be at least 18 at the time of the election.
Residence
For the purposes of election law, the residence is synonymous with domicile. Art. 50 of
the Civil Code provides that “for the existence of civil rights and the fulfilment of civil obligations,
the domicile of natural persons is the place of their habitual residence.” Domicile includes the
twin elements of “the fact of residing or physical presence in a fixed place” and animus manendi,
or the intention of returning there permanently. (Romualdez-Marcos v. COMELEC)
Every person is deemed to have his domicile somewhere, and when it has been acquired,
it will be deemed to continue until a new one has been acquired. Temporary absences although
frequent or long continued, will not, while the person has a continuous intention to return, deprive
him of his domicile and right to vote.
Any person who temporarily resides in another city, municipality or country solely because
of his occupation, profession, employment in private or public service, educational activities,
work in the military or naval reservations within the Philippines, service in the AFP, the PNP, or
confinement or detention in government institutions in accordance with the law, shall not be
deemed to have lost his original residence. (Sec. 9, R.A. 8189).
It is not necessary that a person should have a house to establish his residence or
domicile in a municipality. It is enough that he should live there, provided that his stay is
accompanied by his intention to reside therein permanently.
Literacy requirements
The Constitution imposes no literacy requirements; hence illiterates have the right to vote.

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Property Requirements
Neither does the Constitution impose any property requirement since property ownership
is not a test of individual capacity. A property requirement is not only inconsistent with the
concept of a republican government, but with the social justice principle of equal opportunity.
Formal education
Formal education is no guarantee for good citizenship or intelligent voting.
Sex
There is no adequate or justifiable basis for depriving women of equal voting rights.
Taxpaying Ability
This is related to property requirements.
Romualdez-Marcos v. COMELEC (248 SCRA 300)
It is a fact of residence, not a statement in the certificate of candidacy which ought to be
decisive in determining whether or not an individual has satisfied the Constitution’s residency
qualification requirement.
To successfully effect a change of domicile, one must demonstrate: (1) an actual removal
or an actual change of domicile; (2) a bona fide intention of abandoning the former place of
residence and establishing a new one; and, (3) acts which correspond with the purpose.
Aquino v. COMELEC (248 SCRA 400)
The place where a party actually or constructively has his permanent home, where he,
no matter where he may be found at any given time, eventually intends to return and remain,
i.e., his domicile, is that to which the Constitution refers when it speaks of residence for election
law. The purpose is to exclude strangers or newcomers unfamiliar with the conditions and needs
of the community from taking advantage of favourable circumstances existing in that community
for electoral gain.
Disqualifications
❖ Persons sentenced by final judgment to suffer imprisonment for not less than one
(1) year. (Note: he/she shall automatically re-acquire the right to vote upon the
expiration of 5 years after the service of sentence.)

❖ Persons adjudged by final judgment of having committed any crime involving

disloyalty to the duly constituted government (e.g., rebellion, sedition, violation of
the firearms law) or any crime against national security. (Note: he/she shall
automatically re-acquire the right to vote upon the expiration of 5 years after the
service of sentence.)

❖ Insane or incompetent persons as declared by a competent authority.

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 The COMELEC

The purpose of the COMELEC is to protect the sanctity of the ballot and to ensure the
free and honest expression of the popular will.
To achieve this, the COMELEC was created as an independent administrative tribunal,
co-equal with the other departments with respect to the powers vested in it, and not under any
of the branches of Government. The intention is to place it outside the influence of political
parties and the control of the legislative, executive, and judicial organs of the government.
To preserve the independence of the COMELEC, appointments or designations in
temporary or acting capacities are not allowed.
General Rule: The COMELEC sitting en banc does NOT have the requisite authority to
hear and decide election cases in the first instance. This power pertains to the divisions of the
Commission. Any decision by the Commission en banc as regards election cases decided by it
in the first instance is null and void (Abad v. COMELEC)
Exceptions:
❖ When what is involved in the case is purely administrative, and not quasi-judicial in nature;
❖ When the required number of votes to reach a decision, resolution, order or ruling is not
obtained in the division (Garvida v. Sales, Jr.)
❖ Where the petitioner invoked the jurisdiction of the COMELEC en banc, participated in its
proceedings and sought relief therefrom, in which instance he is estopped to
subsequently question the jurisdiction of the COMELEC en banc (Ramirez v. COMELEC);
❖ Petitions for the postponement, declaration of failure of election and the calling of special
elections (Loong v. COMELEC); and
❖ The COMELEC en banc has the power to prosecute election cases. In the exercise of
such prosecutory power, it conducts a preliminary investigation, decides whether or not
there exists a probable cause and files the corresponding information in court. (Faelnar
v. People).
Composition
• Chairman + 6 Commissioners (Sec. 1(1), Art. IX-C); 2 divisions (Sec. 3)
o Election cases, incl. pre-proclamation controversies, shall be heard and decided in the
division. But MFRs shall be decided en banc.
• Field Offices:
(1) Regional Election Office
(2) Provincial Election Office
(3) City / Municipal Election Office

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 • COMELEC may make changes in the composition, distribution and assignment of field
offices, as well as its personnel, whenever the exigencies of the service and the interest
of free, orderly, and honest election so require.
o except within 30 days before the election, unless for cause and after due notice and
hearing
- effective and enforceable only for the duration of the election period concerned
- shall not affect the tenure of office of the incumbents of positions affected
- shall not constitute a demotion, either in rank or salary, nor result in a change of
status
o No assignment where a regional/provincial/municipal election officer, or his spouse,
will be related to any candidate within the 4th civil degree of consanguinity or affinity.
(Sec. 56, BP 881)
Qualifications
1. Natural-born citizen
2. At least 35 years old at the time of appointment
3. Holders of a college degree
4. Not a candidate for any elective position in the immediately preceding elections

• Majority of the members, including the Chairman, should be members of the Bar who
have been engaged in the practice of law for at least ten years. (Sec. 1(1), Art. IX-C,
Constitution)
• For Regional Director, Asst. Regional Director, Provincial Election Supervisor, and
Election Registrar: members of the Philippine Bar
• But if none is available and not city/capital town, graduates of the ff, possessing the
appropriate civil service eligibility:
o duly recognized schools of law
o liberal arts
o education
o business administration
Term of Office
• 7 years, without reappointment (appointed by President)
o staggered: 3-2-2 members and Chairman, appointments every two years
o Appointment to any vacancy shall be only for the unexpired term of the
predecessor.
o In no case shall any Member be appointed or designated in a temporary or acting
capacity. (Sec. 1(2), Art. IX-C, Constitution)
• The staggering of terms makes the COMELEC a continuing body. Its members benefit
from the experience and expertise of the older members in performing its functions.

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 • COMELEC Commissioners are subject to the same disabilities imposed on the President
and the Vice-President, including the prohibition against holding any other office or
engaging in any other profession or business.
Inhibition and Disqualification
• Rule of conduct in the discharge of functions: Chairman and members of COMELEC shall
be subject to the canons of judicial ethics. (Sec. 58, BP 881)
• Disqualifications for Chairman or Commissioner: (Sec. 1, Rule 4, COMELEC Rules of
Procedure)
o relationship (or that of his spouse/child) to:
▪ any party, within the 6th civil degree or consanguinity or affinity, or
▪ the counsel of any of the parties, within the 4th civil degree of consanguinity or
affinity
o public expression of prejudgment, shown by convincing proof
o The subject matter of the case is a decision promulgated by him while previously
serving as presiding judge of an inferior court.
o voluntary inhibition
▪ In the exercise of his sound discretion
▪ For just or valid reasons other than above

The chairman and the commissioners are to be appointed by the President with the
consent of the Commission on Appointments.
The Commissioners serve for seven years without reappointment, under staggered terms
of 2 years intervals: of 3 commissioners first appointed, three shall hold office for seven years,
2 for five years, and the rest for three years.
The staggering of terms makes the COMELEC a continuing and self-perpetuating body.
Consequently, its members would benefit from the experience and expertise of the older
members in the performance of its functions.
The COMELEC Commissioners are subject to the same disabilities imposed on the
President and the Vice-President, including the prohibition against holding any other office or
engaging in any other profession or business.

Powers and Functions of COMELEC

The powers and functions of the COMELEC may be classified as follows:
1. Enforcement and administration of election laws and regulations (Art. IX- C, Sec. 2
(1), 1987 Constitution)
• Promulgation of rules and regulations (Art. IX-C, Sec. 6; BP 881, Sec. 52b)

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 • Fixing of election period (which shall commence 90 days before the election and end 30
days thereafter, unless otherwise fixed by the COMELEC in special cases; Art. IX-C, Sec.
6, 1987 Constitution)
• Fixing of other reasonable periods for certain pre-election requirements (BP 881, Sec.
52m)
• Declaration of failure or postponement of elections, as well as call for special elections
(Sec. 4, RA 7166)
• Prescribe forms, as well as use or adoption of latest technological and electronic devices
(BP 881, Sec. 52 g, i)
• Annulment or cancellation of illegal registry lists of voters and ordering the preparation of
a new one;
• Cancellation of the canvass of election returns and annulment of a proclamation based
on incomplete results. (Note, however, that the COMELEC does not have the power to
annul an election which may not have been free, orderly, and honest as such power is
merely preventive and not curative.)

2. Quasi-judicial powers
The COMELEC has exclusive original jurisdiction over all contests relating to the election,
returns and qualifications of all electives, regional, provincial and city officials.
The COMELEC has exclusive appellate jurisdiction over all contests involving municipal
officials decided by the RTC, or involving elective barangay officials decided by the MTC. In
these cases, the decisions shall be final, executory and unappealable. (Art. IX-C, Sec. 2 (2),
1987 Constitution)
Pursuant to its quasi-judicial powers, the COMELEC has the power:
- To issue subpoena
- To take testimony;
- Of contempt (Note, however, that the COMELEC's power to punish for contempt may
be exercised ONLY in the
exercise of its quasi-judicial functions. The COMELEC has no power to hold a person
in contempt in exercising its administrative functions (e.g., reporter criticizes a contract
with COMELEC for supplies, or a person fails to follow the procedure for distributing
ballot boxes).
- To issue warrants of arrest;
- Of certiorari, prohibition and mandamus (Note: but only in exercise of its appellate
jurisdiction; Relampagos v. Cumba,)
The COMELEC may sit en banc or in 2 divisions.
As a general rule, election cases shall be heard and decided in division.
Decisions that must be rendered by the COMELEC en banc include:

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 • Decisions on motions for reconsideration (Art. IX-C, Sec. 3, 1987 Constitution);
• Petitions for correction of manifest errors in the Statement of Votes (Sec. 5, Rule 27 of
the 1993 Rules of the COMELEC);
• Questions pertaining to proceedings of the Board of Canvassers (Mastura v. COMELEC,
285 SCRA 493)
• Postponement of election (Sec. 4, R.A. 7166)
• Declaration of failure of election (Sec. 4, R.A. 7166)
• Calling of special elections (Sec. 4, R.A. 7166)
The COMELEC shall decide by a majority vote of all its members any case or matter brought
before it within 60 days from the date of its submission for decision or resolution. (Art. IX-A, Sec.
7 1987 Constitution)
Judicial Review
Unless otherwise provided by the Constitution or by law, any decision, order or ruling of
each Commission may be brought to the Supreme Court on certiorari by the aggrieved party
within 30 days from receipt of a copy thereof. (Art. IX-A, Sec. 7, 1987 Constitution)
What is contemplated in this provision are decisions, orders or resolutions rendered by
the COMELEC in the exercise of its adjudicatory or quasi-judicial powers not those which are
mere incidents of its inherent administrative functions over the conduct of elections. Questions
arising from the latter may be taken in an ordinary civil action before the RTC.
By certiorari, a party raises questions of law in the Supreme Court. Findings of fact made
by the COMELEC are conclusive upon the Supreme Court.
The Supreme Court has no power of supervision over the COMELEC except to review its
decisions on petitions by certiorari. The certiorari jurisdiction of the Supreme Court is confined
to instances of grave abuse of discretion amounting to patent and substantial denial of due
process committed by it in the exercise of its quasi-judicial powers.

3. Decide all questions affecting elections (Art. IX-C, Sec. 2 (3), 1987 Constitution)
The power of the COMELEC to decide all questions affecting elections pertain to the
following:
• determination of the number and location of polling places
• appointment of election officials and inspectors’ registration of voters
However, the COMELEC has NO jurisdiction over questions involving the right to vote (i.e.
disqualifications of voters, right of a person to be registered, etc.), as these rest within the
exclusive original jurisdiction of the MTC, appealable to the RTC.

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4. Deputize, with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government for the exclusive purpose of ensuring free,
orderly, honest, peaceful and credible elections (Art. IX-C, Sec. 2(4), 1987
Constitution).

• CMT cadets 18 yrs. of age and above may be authorized to act as the COMELEC's
deputies for the purpose of enforcing its orders (Sec. 52a, BP 881).
• The COMELEC may deputize any member or members of the AFP, NBI, PNP or
any similar agency or instrumentality of the government (except civilian home
defense forces) during the period of the campaign and ending 30 days thereafter,
when in any area of the country there are persons committing acts of terrorism to
influence people to vote for or against any candidate or political party. (Sec. 52b,
BP881)

5. Register political parties, etc. (Art. IX-C, Sec. 2 (5), 1987 Constitution)

6. Accredit citizens' arms (Art. IX-C, Sec. 2 (5), 1987 Constitution)

7. Investigation and prosecution of cases of violation of election laws (Art. IX-C, Sec.
2 (5), 1987 Constitution)

The COMELEC has the power of a public prosecutor with the exclusive authority
to conduct the preliminary investigation and prosecute election offenses punishable under
the election law.
The power may be exercised upon complaint or motu propio.
The Ombudsman has NO jurisdiction to prosecute election offenses. He may do
so only if he is deputized by the COMELEC.

8. Filing of petitions in court for inclusion or exclusion of voters (Art. IX-C, Sec. 2 (6),
1987 Constitution)

9. Recommendatory:
• to Congress
- effective measures to minimize election spending, including limitation of places where
propaganda material shall be posted, and to prevent and penalize all forms of election frauds,
offenses, malpractices, and nuisance candidates. (Art. IX-C, Sec. 2 (7),1987 Constitution)

• to the President
- for removal of any officer or employee it has deputized (Sec. 52a, BP 881);
- for the imposition of disciplinary action for violation or disregard of, or disobedience to its
directive, order, or decision (Art. IX-C, Sec. 2 (8), 1987 Constitution);
- for pardon, amnesty, parole, suspension of sentence for violation of election laws, rules and
regulations (Art. IX-C, Sec. 5 1987 Constitution; This is to prevent the possibility of the
President granting executive clemency for political reasons.)

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10. Supervision / Regulation, for the duration of the election period, of use of all franchises or
permits for the operation of:

• transportation and other public utilities;

• media of communication or information;
• all grants, special privileges, or concessions granted by the Government or any
instrumentality thereof (Art. IX-C, Sec. 4, 1987 Constitution).

The purpose of supervision and regulation is to guarantee or ensure equal opportunity for
public service and the equitable right to reply, for public information campaigns and for among
candidates, and assure free, orderly, honest, peaceful and credible elections. (Sec. 2, R.A. 9006).
No franchise or permit to operate a radio or television station shall be granted or issued,
suspended or cancelled during the election period. (Sec. 6.4, R.A. 9006).

COMELEC is mandated under Sec. 7 of R.A. 9006 to exercise affirmative action in

procuring print space upon payment of just
compensation from at least three national circulation, and free airtime from at least 3 national TV
networks and 3 national radio networks, all of which are to be allocated free of charge equally and
impartially among all the candidates for national office on 3 different calendar days.

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