De la Salle University

College of Law

Course Outline on Election Laws

For Law 116M

(1st Semester 2023-2024)
Atty. Luie Tito F. Guia

I. The Philippine Electoral System and Principles

A. Philippine Elections in General
Const. Art. II Secs. 1 and 26
Const. Art. III Secs. 4-5 and 18(1)
Const. Art. V
Const. Art. VI Secs. 2, 4, 5, 7-9, 17
Const. Art. VII Secs. 3
Const. Art. IX-C Secs. 2(5), 6-11
Const. Art. X Secs. 8, 12
Const. Art. XVI, Sec. 5(3)
Const. Art. XVIII Secs. 1-2, 5, 7
Universal Declaration on Human Rights (UDHR) Art. 21
International Covenant on Civil and Political Rights (ICCPR) Art. 25
Batas Pambansa Blg. 881 (the Omnibus Election Code)
Rep. Act. No. 7166, Secs. 1-3, 5
Rep. Act. No. 7160 Secs. 42-43
Rep. Act. No. 6679, as amended by Rep Act. Nos. 9164 and 9340
Rep. Act. No. 10742
Rep. Act. No. 11054, Art. IV, Sec 3-4; Art. VII, Sec. 7
B. The Party-List System of Representation
Const. Art. VI Sec. 5(1-2)
Rep. Act. No. 7941
Atong Paglaum, et. al. v. COMELEC, et. al. G.R. No. 203766, et. al. [April 2, 2013]
Banat Party-List, et. al. v. COMELEC, et. al. G.R. No. 179271 [April 21, 2009]
ARARO Party-List v. COMELEC, G.R. No. 192803 [December 10, 2013]
Lico, et. al. v. COMELEC, G.R. No. 205505 [September 29, 2015]
AUGUST 16, 2022 - WEEK 3

SUMMARY OF DISCUSSION LAST WEEK:

Sources of Election Law in the Philippines

1. Constitution- stipulated the system of government, political systems design, electoral systems designs,
and the manner of election
2. Statutory Laws
a. Omnibus Election Code- most basic; nuance: election code is created earlier than the
Constitution
b. Partylist Act
c. 2001 Fair Elections Act- law on campaign
d. Laws on automated elections Laws on registration
3. SC Decisions- judicial precedence
4. COMELEC Resolutions- COMELEC has the power to interpret rules on election
5. International Law
a. International Covenant on Civil and Political Rights- Right to Political Participation of Every
Human Being (Art. 25)
b. Art 21 of UDHR: Everyone has the right to take part in the government of his country, directly or
through freely chosen representatives. Everyone has the right of equal access to public service in
his country.

Electoral Systems Design- different from political system design; this is how the votes of the sovereign will of
the people are converted into seats; usually a legislative power; sovereignty emanates from the people

In the PH: single member district plurality system; Simple plurality- first past the post plurality system

THE PARTY-LIST SYSTEM OF REPRESENTATION

- Wrong notion: party list system are reserved for marginalized and underrepresented
- It is not a reserved seat system, but rather it is a proportional representation system

Critique:

1. 3 seat limit fails proportional representation; how can you be proportionate if your are only entitled to
3 seats?
2. If a marginalized becomes powerful, should it be removed/disqualified? PL system is just an alternative
way of converting votes into seats.

THE COMMISSION ON ELECTIONS

CONST.. Arts. IX-A
Section 1. The Constitutional Commissions, which shall be independent, are the Civil Service Commission, the
Commission on Elections, and the Commission on Audit.

Section 2. No member of a Constitutional Commission shall, during his tenure, hold any other office or
employment. Neither shall he engage in the practice of any profession or in the active management or control of
any business which, in any way, may be affected by the functions of his office, nor shall he be financially
interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the

Page 2 of 26
Government, any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled
corporations or their subsidiaries.

Section 3. The salary of the Chairman and the Commissioners shall be fixed by law and shall not be decreased
during their tenure.

Section 4. The Constitutional Commissions shall appoint their officials and employees in accordance with law.

Section 5. The Commission shall enjoy fiscal autonomy. Their approved annual appropriations shall be
automatically and regularly released.

Section 6. Each Commission en banc may promulgate its own rules concerning pleadings and practice before it
or before any of its offices. Such rules, however, shall not diminish, increase, or modify substantive rights.

Section 7. Each Commission shall decide by a majority vote of all its Members, any case or matter brought
before it within sixty days from the date of its submission for decision or resolution. A case or matter is deemed
submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the
rules of the Commission or by the Commission itself. Unless otherwise provided by this 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 thirty days from receipt of a copy thereof.

Section 8. Each Commission shall perform such other functions as may be provided by law.

CONST.. IX-C Secs. 1

Section 1. There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall
be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age,
holders of a college degree, and must not have been candidates for any elective positions in the immediately
preceding elections. However, a majority thereof, including the Chairman, shall be members of the Philippine
Bar who have been engaged in the practice of law for at least ten years.

The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission
on Appointments for a term of seven years without reappointment. Of those first appointed, three Members
shall hold office for seven years, two Members for five years, and the last Members for three years, without
reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case
shall any Member be appointed or designated in a temporary or acting capacity.

Exec. Order No. 292 Book V Title I Subtitle C., Chapter 1 General Provisions

SECTION 1. Declaration of Policy. — The State shall at all times ensure free, orderly, honest, peaceful and
credible elections under a free and open party system which shall be allowed to evolve according to the free
choice of the people subject to the provisions of Article IX-C of the 1987 Constitution of the Philippines.

SECTION 2. Powers and Functions. — In addition to the powers and functions conferred upon it by the
constitution, the Commission shall have exclusive charge of the enforcement and administration of all laws
relative to the conduct of elections for the purpose of insuring free, orderly, honest, peaceful and credible
elections, and shall:

(1) Promulgate rules and regulations implementing the provisions of the Omnibus Elections Code or other laws
which the Commission is required to enforce and administer;

Page 3 of 26
(2) Fix other reasonable periods for certain pre-election requirements in order that voters shall not be deprived
of their right of suffrage and certain groups of rights granted them in the Omnibus Election Code;

Unless indicated in the Omnibus Election Code, the Commission is hereby authorized to fix the appropriate
period for the various prohibited acts enumerated therein consistent with the requirements of free, orderly,
honest, peaceful and credible elections.

(3) Exercise direct and immediate supervision and control over national and local officials or employees,
including members of any national or local law enforcement agency and instrumentality of the government
required by law to perform duties relative to the conduct of elections, plebiscite, referendum, recall and
initiative. In addition, it may authorize CMT cadets, eighteen years of age and above to act as its deputies for the
purpose of enforcing its orders;

The Commission may relieve any officer or employee referred to in the preceding paragraph from the
performance of his duties relating to electoral processes who violates the election law or fails to comply with its
instructions, orders, decisions or rulings, and appoint his substitute. Upon recommendation of the Commission,
the corresponding proper authority shall suspend or remove from office any or all of such officers or employees
who may, after due process, be found guilty of such violation or failure.

(4) During the period of the campaign and ending thirty 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, the Commission shall have the power to authorize any member or members of the Armed Forces of the
Philippines, the National Bureau of Investigation, the Integrated National Police or any similar agency or
instrumentality of the government, except civilian home defense forces, to act as deputies for the purpose of
insuring the holding of free, orderly, honest, peaceful and credible elections;

(5) Publish at least ten (10) days before an election in a newspaper of general circulation certified data on the
number of official ballots and election returns and the names and address of the printers and the number
printed by each;

(6) Refuse, motu propio or upon a verified petition, to give due course to or cancel a certificate of candidacy if it
is shown that said certificate has been filed to put the election process in mockery or disrepute or to cause
confusion among the voters by the similarity of the names of the registered candidates or by other
circumstances or acts which clearly demonstrate that the candidate has no bona fide intention to run for the
office for which the certificate of candidacy has been filed and thus prevent a faithful determination of the true
will of the electorate;

(7) Postpone, motu propio or upon verified petition and after due notice and hearing whereby all interested
parties are afforded equal opportunity to be heard, the election to a date which should be reasonably close to
the date of the election not held, suspended or which resulted in a failure to elect but not later than thirty days
after the cessation of the cause for such postponement or suspension of the election or failure to elect, when for
any serious cause such as violence, terrorism, loss or destruction of election paraphernalia or records, force
majeure, and other analogous causes the holding of a free, orderly, honest, peaceful and credible election should
become impossible in any political subdivision.

(8) Call for the holding or continuation of election not held in any polling place where on account of force
majeure, violence, terrorism, fraud or other analogous causes the election has not been held on the date fixed,
or had been suspended before the hour fixed by law for the closing of the voting, or after the voting and during
the preparation and the transmission of the election returns or in the custody or canvass thereof, such election
results in a failure to elect, and in any of such cases the failure or suspension of election would affect the result
Page 4 of 26
of the election. Such call should be on the basis of a verified petition by any interested party and after due notice
and hearing, and the new date should be reasonably close to the date of the election not held, suspended or
which resulted in a failure to elect but not later than thirty (30) days after the cessation of the cause of such
postponement or suspension of the election or failure to elect.

(9) Call a special election to elect the member to serve the unexpired portion in case a vacancy arises in the
Senate or in the House of Representatives eighteen (18) months or more before a regular election, to be held
within sixty (60) days after the vacancy occurs;

(10) Summon the parties to a controversy pending before it, issue subpoena duces tecum and take testimony in
any investigation or hearing before it, and delegate such power to any officer of the Commission who shall be a
member of the Philippine Bar. In case of failure of a witness to attend, the Commission, upon proof of service of
the subpoena to said witness, may issue a warrant to arrest the witness and bring him before the Commission
or the officer before whom his attendance is required;

Any controversy submitted to the Commission shall, after compliance with the requirements of due process, be
immediately heard and decided by it within sixty (60) days from the date of its submission for decision or
resolution. No decision or resolution shall be rendered by the Commission either en banc or by division unless
taken up in a formal session properly convened for the purpose;

The Commission may when necessary, avail itself of the assistance of any national or local law enforcement
agency and or instrumentality of the government to execute under its direct and immediate supervision any of
its final decisions, orders, instructions or rulings;

(11) Punish for contempt according to the procedure, and with the same penalties provided, in the Rules of
Court. Any violation of any final and executory decision, order or ruling of the Commission shall constitute
contempt thereof;

(12) Enforce and execute its decisions, directives, orders and instructions which shall have precedence over
those emanating from any other authority, except the Supreme Court and those issued in habeas corpus
proceedings;

(13) Prescribe the forms to be used in the election, plebiscite or referendum, recall or initiative;

(14) Procure any supplies, equipment, materials or services needed for the holding of the election by public
bidding; but if it finds the requirements of public bidding impractical to observe, then by negotiations or sealed
bids, and in both cases, the accredited parties shall be duly notified;

(15) Prescribe the use or adoption of the latest technological and electronic devices, taking into account the
situation prevailing in the area and funds available for the purpose. The Commission shall notify the authorized
representatives of accredited political parties and candidates in areas affected by the use or adoption of
technological and electronic devices not less than thirty days prior to the effectivity of the use of such devices;

(16) Constitute a pool of standby-teachers from which substitutes shall be drawn in case a member/s of the
Board of Election Inspectors who, for one reason or another, failed to report or refused to act as such on the day
of election;

(17) Carry out a continuing and systematic campaign through newspapers of general circulation, radio and
other media forms to educate the public and fully inform the electorate about election laws, procedures,

Page 5 of 26
decisions, and other matters relative to the works and duties of the Commission and the necessity of clean, free,
orderly, honest, peaceful and credible electoral processes;

(18) Accredit non-partisan groups or organizations of citizens from the civic, youth, professional, education,
business or labor sectors known for their probity, impartiality and integrity with the membership and
capability to undertake a coordinated operation and activity to assist it in the implementation of the provisions
of Omnibus Election Code and the resolutions, orders and instructions of the Commission for the purpose of
ensuring free, orderly, honest, peaceful and credible elections in any constituency. Such groups or organizations
shall function under the direct and immediate control and supervision of the Commission;

(19) Conduct hearing on controversies pending before it in the cities or provinces upon proper motion of any
party, taking into consideration the materiality and number of witnesses to be presented, the situation
prevailing in the area and the fund available for the purpose;

(20) Have exclusive jurisdiction over all pre-proclamation controversies. It may motu proprio or upon written
petition, and after due notice and hearing, order 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. Notwithstanding the pendency of any pre-proclamation controversy, the Commission may, motu
propio or upon filing of a verified petition and after due notice and hearing, order the proclamation of other
winning candidates whose election will not be affected by the outcome of the controversy.

(21) Have the exclusive power, through its duly authorized legal officers, to conduct preliminary investigation of
all election offenses punishable under the Omnibus Election Code and to prosecute the same. The Commission
may avail itself of the assistance of other prosecuting arms of the government: Provided, however, that in the
event that the Commission fails to act on any complaint within four (4) months from its filing, the complainant
may file the complaint with the office of the fiscal or with the Department of Justice for proper investigation and
prosecution, if warranted; and

(22) Perform such other functions as may be provided by law.

SECTION 3. Enforcement Powers. — For the effective enforcement of the provisions of the Omnibus Election
Code, the Commission is further vested and charged with the following powers, duties and responsibilities:

1. To stop any illegal activity, or confiscate, tear down, and stop any unlawful, libelous, misleading or false
election propaganda, after due notice and hearing; and

2. To inquire into the financial records of candidates and any organization or group of persons, motu propio or
upon written representation for probable cause by any candidate, organization or group of persons or qualified
voter, after due notice and hearing.

For purposes of this Section, the Commission may avail itself of the assistance of the Commission on Audit, the
Central Bank, the National Bureau of Investigation, the Bureau of Internal Revenue, the Armed Forces of the
Philippines, the Integrated National Police of the Philippines, barangay officials and other agencies of the
government.

Rep. Act No. 6646 (The Electoral Reforms Law of 1987), Secs. 30
Section 30. Effectivity of Regulations and Orders of the Commission. — The rules and regulations
promulgated by the Commission shall take effect on the seventh day after their publication in the Official
Gazette or in at least two (2) daily newspapers of general circulation in the Philippines.

Page 6 of 26
Orders and directives issued by the Commission shall be furnished by personal delivery to all parties concerned
within forty-eight (48) hours from date of issuance and shall take effect immediately upon receipt thereof
unless a later date is expressly specified in such orders or directives.

Rep. Act. No. 9369, Secs. 1, 41-43

(AN ACT AMENDING REPUBLIC ACT NO. 8436, ENTITLED "AN ACT AUTHORIZING THE COMMISSION ON
ELECTIONS TO USE AN AUTOMATED ELECTION SYSTEM IN THE MAY 11, 1998 NATIONAL OR LOCAL ELECTIONS
AND IN SUBSEQUENT NATIONAL AND LOCAL ELECTORAL EXERCISES, TO ENCOURAGE TRANSPARENCY,
CREDIBILITY, FAIRNESS AND ACCURACY OF ELECTIONS, AMENDING FOR THE PURPOSE BATAS PAMPANSA BLG.
881, AS AMEMDED, REPUBLIC ACT NO. 7166 AND OTHER RELATED ELECTIONS LAWS, PROVIDING FUNDS
THEREFOR AND FOR OTHER PURPOSES")

SEC. 41: The first paragraph of Sec. 52 of Batas Pambansa Blg. 881 is hereby amended to read as follows:

"Sec. 52. Powers and Functions of the Commission on Elections, - In addition to the powers and functions
conferred upon it buy the constitution the commission shall have exclusive charge of the enforcement and
administration of all laws relative to conduct of elections for the purpose of ensuring free, orderly and honest
elections, except as otherwise provided herein and shall."

SEC. 42. Section27 (b) of Republic Act No. 6646 is hereby amended to read as follows :

"Sec. 27. Election Offenses; Electoral Sabotage. - In additional to the prohibited acts and election offenses
enumerated in Section 261 and 262 of Batas Pambansa Blg. 881,as amended, the following shall be guilty of an
election offense or a special election offense to be known as eletoral sabotage:

"(a) x x x

"(b) Any person or member of the board of election inspectors or board of canvassers who tampers, increases
or decreases the votes received by a candidates in any election or any member of the board who refuses after
proper verification and hearing ,to credit the correct votes or deduct such tampered votes: Provided, however,
That when the tampering, increase or decrease of votes or the refusal to credit the correct votes and /or to
deduct tampered to deduct tampered votes are perpetrated on large scale or in substantial numbers, the same
shall be considered not as an ordinary election offense under Section 261 of the omnibus election code. But a
special election offense to be known as electoral sabotage and the penalty to be imposed shall be life
imprisonment.

"The act or offense committed shall fall under the category of electoral sabotage in any of the following
instances;

"(1) When the tampering, increase and / or decrease of votes perpetrated or the refusal to credit the correct
votes or to deduct tampered votes, is/are committed in the election of a national elective office which is voted
upon nationwide and the tampering, increase and/ or decrease votes refusal to credit the correct votes or to
deduct tampered votes, shall adversely affect the results of the election to the said national office to the extent
that losing candidate/s is /are made to appear the winner/s;

"(2) Regardless of the elective office involved, when the tampering, increase and/or decrease of votes
committed or the refusal to credit the correct votes or to deduct tampered votes perpetrated , is a accomplished
in a single election document or in the transposition of the figure / results from one election document to
another and involved in the said tampering increase and/or decrease or refusal to credit correct votes or deduct

Page 7 of 26
tampered votes exceed five thousand (5,000) votes, and that the same adversely affects the true results of the
election ;

"(3) Any and all other forms or tampering increase/s and/ or decrease/s of votes perpetuated or in cases of
refusal to credit the correct votes or deduct the tampered votes, where the total votes involved exceed ten
thousand (10,000) votes;

"Provided finally; That any and all either persons or individuals determined to be conspiracy or in connivance
with the members of the BEIs or BOCs involved, shall be meted the same penalty of life imprisonment."

SEC. 43. Section 265 of Batas Pambansa Blg. 881 is hereby amended to read as follow:

"SEC. 265. Prosecution. - The Commission shall, through its duly authorized legal officers, have the power,
concurrent with the other prosecuting arms of the government, to conduct preliminary investigation of all
election offenses punishable under this Code, and prosecute the same"

POWER TO ENFORCE AND ADMINISTER ELECTION LAWS, ETC.

Const. Art. IX-C Secs. 2(1, 3-9)
SECTION 2. The Commission on Elections shall exercise the following powers and functions:
(1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative,
referendum, and recall.

(3) Decide, except those involving the right to vote, all questions affecting elections, including determination of
the number and location of polling places, appointment of election officials and inspectors, and registration of
voters.

(4) Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the
Government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free, orderly,
honest, peaceful, and credible elections.

(5) Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other
requirements, must present their platform or program of government; and accredit citizens’ arms of the
Commission on Elections. Religious denominations and sects shall not be registered. Those which seek to
achieve their goals through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or
which are supported by any foreign government shall likewise be refused registration.

Financial contributions from foreign governments and their agencies to political parties, organizations,
coalitions, or candidates related to elections constitute interference in national affairs, and, when accepted,
shall be an additional ground for the cancellation of their registration with the Commission, in addition to other
penalties that may be prescribed by law.

(6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of voters;
investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions
constituting election frauds, offenses, and malpractices.

(7) Recommend to the Congress effective measures to minimize election spending, including limitation of places
where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses,
malpractices, and nuisance candidacies.

Page 8 of 26
(8) Recommend to the President the removal of any officer or employee it has deputized, or the imposition of
any other disciplinary action, for violation or disregard of, or disobedience to its directive, order, or decision.

(9) Submit to the President and the Congress a comprehensive report on the conduct of each election,
plebiscite, initiative, referendum, or recall.

Aquino v. COMELEC, G.R. No. 211789-90 [March 17, 2015}

Loong v. COMELEC, G.R. No. 133676 [April 14, 1999]
Jaloslos v. COMELEC (Resolution), et. al., G.R. No. 193314 [June 25, 2013]

POWER TO ADJUDICATE ELECTION DISPUTES

Const. Art. IX-C Secs. 2(2), 3
SECTION 2. The Commission on Elections shall exercise the following powers and functions:
(2) Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications
of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective
municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided
by trial courts of limited jurisdiction.

Decisions, final orders, or rulings of the Commission on election contests involving elective municipal and
barangay offices shall be final, executory, and not appealable.

SECTION 3. The Commission on Elections may sit en banc or in two divisions, and shall promulgate its rules of
procedure in order to expedite disposition of election cases, including pre-proclamation controversies. All such
election cases shall be heard and decided in division, provided that motions for reconsideration of decisions
shall be decided by the Commission en banc.

Legaspi v. COMELEC, et. al. (Resolution), G.R. No. 216572 [April 19, 2016}

1. Other Constitutional Powers

Const. Art. IX-C Secs. 4-5

SECTION 4. The Commission may, during the election period, supervise or regulate the enjoyment or utilization
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
subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation or
its subsidiary. Such supervision or regulation shall aim to ensure equal opportunity, time, and space, and the
right to reply, including reasonable, equal rates therefor, for public information campaigns and forums among
candidates in connection with the objective of holding free, orderly, honest, peaceful, and credible elections.

SECTION 5. No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and
regulations shall be granted by the President without the favorable recommendation of the Commission.

Page 9 of 26
AUGUST 23, 2023

SUMMARY OF DISCUSSION LAST WEEK:

1. Suffrage- is the exercise of the people's right to vote; it is a right by all citizens, not disqualified by law;
residing in the Philippines for the past 6 months.
a. Determination of Residency: Someone who was out of his residence for purpose of work does
not lose his residence for the purpose of election.
b. Reckoning point of the period of residency: 6 months before the date of election (you count
backwards).
c. Date of election: stipulated in the Constitution; every second Monday of May.
2. Article V, Section 2 of the Const: The Congress shall provide a system for securing the secrecy and
sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad.

The Congress shall also design a procedure for the disabled and the illiterates to vote without the
assistance of other persons. Until then, they shall be allowed to vote under existing laws and such rules as
the Commission on Elections may promulgate to protect the secrecy of the ballot.

Special constitutional protections for the exercise of the right to suffrage:

a. Persons with disabilities and illiterates

b. absentee voters (qualified Filipinos abroad)
3. The functions and powers of the COMELEC san be found in Art. IX-C, Sec. 2 of the Constitution. The
primary distribution of the functions of the COMELEC:
a. Administrative function to conduct the election
i. 80% of COMELEC functions.
ii. involves almost P30 billion
iii. involves a million people throughout the country
b. Adjudicatory functions to resolve election dispute
i. Note: COMELEC has some sort of both judicial and quasi-judicial function
ii. Quasi-judicial functions- resolving pre-election disputes
iii. Special judicial function- resolving post-election contests
iv. COMELEC also has prosecutorial functions over election violation cases/
4. Although in terms of framework, the COMELEC is meant to be more of a JUDICIAL body (or a COURT), in
practice, the COMELEC acts as an ADMINISTRATIVE AGENCY with quasi-judicial functions.
a. These could possibly result in weird situations where the COMELEC will adjudicate and resolve
disputes regarding rules that they also made.
5. Some would argue to separate the administrative and judicial functions of COMELEC, but this requires
Constitutional amendment.
6. Qualification of COMELEC Commissioners
a. Natural-born citizens
b. 35 years of age
c. holders of college degrees
d. Not a candidate for an elective position in the immediately preceding election.
e. Majority of the commissioners, including the Chair, must be members of the PH bar with 10 year
practice (case of Cayetano v. Monsod).
Page 10 of 26
 7. Independence- overriding virtue for the qualification of COMELEC commissioners and officials. This is
manifested in:
a. fiscal autonomy
b. prohibition in other positions
c. impeachability of COMELEC commissioners

THE RIGHT OF SUFFRAGE

Const. Art. V
SECTION 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who
are at least eighteen years of age, and who shall have resided in the Philippines for at least one year and in the
place wherein they propose to vote for at least six months immediately preceding the election. No literacy,
property, or other substantive requirement shall be imposed on the exercise of suffrage.

SECTION 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a
system for absentee voting by qualified Filipinos abroad.

The Congress shall also design a procedure for the disabled and the illiterates to vote without the assistance of
other persons. Until then, they shall be allowed to vote under existing laws and such rules as the Commission on
Elections may promulgate to protect the secrecy of the ballot.

A. Registration of In-Country Voters

Rep. Act. No. 8189: An Act Providing For A General Registration Of Voters, Adopting A System Of Continuing
Registration, Prescribing The Procedures Thereof And Authorizing The Appropriation Of Funds Therefor.
Objectives: To establish a LIST of voters that is:
– Clean
– Complete
– Permanent
– Updated

Who may register?

• Qualifications:
– Citizen of the Philippines
– Not otherwise disqualified by law
– At least 18 years of age at the election date
– Resident of the Philippines for at least 1 year prior to election day
– Resident at the place where she plans to vote for at least 6 months prior to election day

Who are disqualified?

• Any person who has been sentenced by final judgment to imprisonment of not less than one (1) year, and
not having been removed by plenary pardon or amnesty: BUT this person shall automatically reacquire the
right to vote upon the expiration of five (5) years after service of sentence;

• Any person who has been adjudged of having committed any crime involving disloyalty to the duly
constituted government.
– Disloyalty includes: rebellion, sedition, violation of the firearms laws or, any crime against national security
– unless this person is restored to his full civil and political rights
– BUT this person shall automatically reacquire the right to vote upon expiration of five (5) years after service
of sentence.

Page 11 of 26
• Those who are declared insane or incompetent persons; UNLESS they are subsequently declared by proper
authority that such person is no longer insane or incompetent.

Personal note: There are also provisions on illiterate and disabled persons on RA 8189 but, I think this is
overruled by RA 10355.

Rep. Act. No. 10366: Authorizing Commission on Elections to Establish Precincts Assigned to Accessible Polling
Places Exclusively for Persons with Disabilities and Seniors (2013)
Relevant provisions:
- The Commission is hereby authorized to establish precincts of a nonterritorial nature, exclusively for
persons with disabilities and senior citizens who in their registration records manifest their intent to
avail of their right to a separate precinct under this section.
- satellite and/or special registration for persons with disabilities and senior citizens in accessible places.
- PWDs can be assisted in the application for registration and preparation of the ballot by any member of
an accredited citizens' arm, or by a relative by consanguinity or affinity within the fourth civil degree, or
if he or she has none present, by any person of his or her confidence who belongs to the same
household.

Kabataan Party-List, et. al. v. COMELEC, G.R. No. 221318 [December 16, 2015]

FACTS:

RA 10367 mandates the COMELEC to implement a mandatory biometrics registration system for new
voters in order to establish a clean, complete, permanent, and updated list of voters through the adoption of
biometric technology.

RA 10367 likewise directs that “registered voters whose biometrics have not been captured shall submit
themselves for validation.” “Voters who fail to submit for validation on or before the last day of filing of
application for registration for purposes of the May 2016 elections shall be deactivated x x x.”

COMELEC issued Resolution No. 9721 as amended by Resolutions No. 9863 and 10013. Among others,
the said Resolution provides that: “the registration records of voters without biometrics data who failed to
submit for validation on or before the last day of filing of applications for registration for the purpose of the May
9, 2016 National and Local Elections shall be deactivated.

Herein petitioners filed the instant petition with application for temporary restraining order (TRO)
and/or writ of preliminary mandatory injunction (WPI) assailing the constitutionality of the biometrics
validation requirement imposed under RA 10367, as well as COMELEC Resolution Nos. 9721, 9863, and 10013,
all related thereto.

FIRST ISSUE: No.

The Court held that biometrics validation is not a “qualification” to the exercise of the right of suffrage,
but a mere aspect of the registration procedure, of which the State has the right to reasonably regulate.

The Court reiterated their ruling in several cases that registration regulates the exercise of the right of
suffrage. It is not a qualification for such right. The process of registration is a procedural limitation on the right
to vote.

Page 12 of 26
 Thus, although one is deemed to be a “qualified elector,” he must nonetheless still comply with the
registration procedure in order to vote.

Thus, unless it is shown that 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, as in this case.

SECOND ISSUE: Yes.

In applying strict scrutiny, the focus is on the presence of compelling, rather than substantial,
governmental interest and on the absence of less restrictive means for achieving that interest, and the burden
befalls upon the State to prove the same.

Presence of compelling state interest

Respondents have shown that the biometrics validation requirement under RA 10367 advances a
compelling state interest. It was precisely designed to facilitate the conduct of orderly, honest, and credible
elections by containing -if not eliminating, the perennial problem of having flying voters, as well as dead and
multiple registrants. The foregoing consideration is unquestionably a compelling state interest.

Biometrics validation is the least restrictive means for achieving the above-said interest

Section 6 of Resolution No. 9721 sets the procedure for biometrics validation, whereby the registered
voter is only required to: (a) personally appear before the Office of the Election Officer; (b) present a competent
evidence of identity; and (c) have his photo, signature, and fingerprints recorded.

Moreover, RA 10367 and Resolution No. 9721 did not mandate registered voters to submit themselves
to validation every time there is an election. In fact, it only required the voter to undergo the validation process
one (1) time, which shall remain effective in succeeding elections, provided that he remains an active voter.

Lastly, the failure to validate did not preclude deactivated voters from exercising their right to vote in
the succeeding elections. To rectify such status, they could still apply for reactivation.

THIRD ISSUE: No.

Section 8 of RA 8189 provides that:

System of Continuing Registration of Voters. – x x x No registration shall, however, be conducted during the
period starting one hundred twenty (120) days before a regular election and ninety (90) days before a special
election.

The Court held that the 120-and 90-day periods stated therein refer to the prohibitive period beyond
which voter registration may no longer be conducted. The subject provision does not mandate COMELEC to
conduct voter registration up to such time; rather, it only provides a period which may not be reduced, but may
be extended depending on the administrative necessities and other exigencies.

Page 13 of 26
 1. Qualifications
2. Election Registration Board
3. Petitions for Inclusion
4. Petitions for Exclusion

The Voters’ List and Precincts

Rep. Act. No. 8189 Secs. 3(a-d), 4-6: The Voter’s Registration Act of 1996
Sec. 3. Definition of Terms. – As used in this Act:

(a) Registration refers to the act of accomplishing and filing of 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;

(b) Registration Record refers to an application for registration duly approved by the Election Registration Board;

(c) Book of Voters refers to the compilation of all registration records in a precinct;

(d) List of Voters refers to an enumeration of names of registered voters in a precinct duly certified by the Election
Registration Board for use in the election;

Sec. 4. Permanent List of Voters. – There shall be a permanent list of voters per precinct in each city or
municipality consisting of all registered voters residing within the territorial jurisdiction of every precinct
indicated by the precinct maps.Such precinct-level list of voters shall be accompanied by an addition deletion
list of the purpose of updating the list.

For the purpose of the 1997 general registration, the Commission shall cause the preparation and posting of all
precinct maps in every barangay nationwide. Five days before the 1997 general registration, individual precinct
maps shall be posted at the door of each polling place. Subsequently, the Election Officer shall be responsible for
the display, throughout the year, of precinct maps in his office and in the bulletin board of the city or municipal
hall.

The precinct assignment of a voter in the permanent list of voters shall not be changed or altered or transferred
to another precinct without the express written consent of the voter: Provided, however, That the voter shall
not unreasonably withhold such consent. Any violation thereof shall constitute an election offense which shall
be punished in accordance with law.

Sec. 5. Precincts and their Establishment. – In preparation for the general registration in 1997, the
Commission shall draw updated maps of all the precincts nationwide. Upon completion of the new precinct
maps, all the precincts established in the preceding elections shall be deemed abolished.For the purpose of the
general registration, the Commission shall create original precincts only. Spin-off precinct may be created after
the regular elections of 1998 to accommodate additional voters residing within the territorial jurisdiction of the
original precincts.

The Commission shall introduce a permanent numbering of all precincts which shall be indicated by Arabic
numerals and a letter of the English alphabet. Original or mother precincts shall be indicated by the Arabic
numeral and letter “A of the English alphabet. Spin-off or daughter precincts shall be indicated by the Arabic
numeral and letter of the English alphabet starting with letter B and so on.

Page 14 of 26
No territory comprising an election precinct shall be altered or a new precinct be established at the start of the
election period.

Splitting of an original precinct or merger of two or more original precincts shall not be allowed without
redrawing the precinct map/s one hundred twenty (120) days before election day.

Sec. 6. Arrangement of Precincts. – Every barangay shall have at least one (1) precinct. Each precinct shall
have no more than two hundred (200) voters and shall comprise contiguous and compact territories.
(a) A precinct shall be allowed to have less than 200 registered voters under the following conditions:
(1) As soon as the 200-limit for every precinct has been reached, a spin-off or daughter precinct shall be
created automatically by the Commission to accommodate voters residing within the territorial
jurisdiction of the original precinct. Thereafter, a separate list of new voters shall be prepared by the
Election Officer; and
(2) An island or group of islands with less than two hundred (200) voters may comprise one (1) original
precinct.

(b) Every case of alteration of precincts shall be duly announced by posting a notice thereof in a conspicuous
place in the precinct, in the office of the election officer and in the city or municipal hall and by providing
political parties and candidates a list of all the precincts at the start of the campaign period; and

(c) Consolidation or merger of at most three (3) precincts may be allowed: Provided, That the computerized
counting shall be implemented: Provided, further, That the merger of such precincts shall be effected ninety
(90) days before election day.

Batas Pambansa Blg. 881, Secs. 149-151

Section 149. Precincts and their establishment. - The unit of territory for the purpose of voting is the
election precinct, and every barangay as of the approval of this Act shall have at least one such precinct.

The Commission shall establish all election precincts.

The precincts actually established in the preceding regular election shall be maintained, but the Commission
may introduce such adjustments, changes or new divisions or abolish them, if necessary: Provided, however,
That the territory comprising an election precinct shall not be altered or a new precinct established within
forty-five days before a regular election and thirty days before a special election or a referendum or plebiscite.

Section 150. Arrangements of election precincts. -

(a) Each election precinct shall have, as far as possible not more than three hundred voters and shall comprise,
as far as practicable, contiguous and compact territory.

(b) When it appears that an election precinct contains more than three hundred voters, the Commission shall, in
the interest of orderly election, and in order to facilitate the casting of votes, be authorized to divide a precinct
not later than one week after the last day of registration of voters. But the polling place of all the precincts
created thereby shall be located in the same building or compound where the polling place of the original
precinct is located, and if this be not feasible, in a place as close as possible to the polling place of the original
precinct: Provided, however, That the polling place of the new precinct may be located elsewhere upon written
petition of the majority of the voters of the new precinct: Provided, further, That when a precinct is divided into
two or more precincts, the registered voters shall be included in the precinct wherein they reside. Every case of
alteration of a precinct shall be duly published by posting a notice of any change in conspicuous location in the
precinct, and in the municipal building or city hall, as the case may be.
Page 15 of 26
(c) A municipality which has been merged with another municipality shall constitute at least one election
precinct, if the distance between the remotest barangay of the merged municipality and the nearest polling
place in the municipality to which it has been merged shall, by the shortest road, exceed five kilometers.

(d) An island or group of islands having one hundred and fifty or more voters shall constitute a precinct.

(e) Any alteration of the election precincts or the establishment of new ones shall be communicated to the
provincial election supervisor, the provincial superintendent of schools, etc. together with the corresponding
maps, which shall be published as prescribed in the next succeeding sections.

Section 151. Publication of maps or precincts. - At least five days before the first registration day preceding a
regular election or special election or a referendum or a plebiscite, the Commission shall, through its duly
authorized representative, post in the city hall or municipal building and in three other conspicuous places in
the city or municipality and on the door of each polling place, a map of the city or municipality showing its
division into precincts with their respective boundaries and indicating therein all streets and alleys in populous
areas and the location of each polling place.

Overseas Voters Registration

Rep. Act No. 9189, as amended by Rep. Act. No. 10590

PERTINENT AMENDMENTS:
(a) Certified List of Overseas Voters (CLOV) refers to the list of registered overseas voters whose applications to
vote overseas have been approved by the Commission, said list to be prepared by the Office for Overseas Voting
of the Commission, on a country-by-country and post-by-post basis. The list shall be approved by the
Commission in an en banc resolution.

"(j) Overseas Voter refers to a citizen of the Philippines who is qualified to register and vote under this Act, not
otherwise disqualified by law, who is abroad on the day of elections.

"(k) Overseas Voting refers to the process by which qualified citizens of the Philippines abroad exercise their
right to vote.

"(r) Voting Period refers to a continuous thirty (30)-day period, the last day of which is the day of election,
inclusive of established holidays in the Philippines and of such other holidays in the host countries."

"SEC. 4. Coverage. - All citizens of the Philippines abroad, who are not otherwise disqualified by law, at least
eighteen (18) years of age on the day of elections, may vote for President, Vice-President, Senators and
Party-List Representatives, as well as in all national referenda and plebiscites."

"SEC. 5. Disqualifications. - The following shall be disqualified from registering and voting under this Act:

"(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 Republic Act
No. 9225, otherwise known as the 'Citizenship Retention and Reacquisition Act of 2003′;

"(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 (1) year, such disability not having been removed by
Page 16 of 26
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 (5) 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."

Local Absentee Voting

E.O No. 157: Providing For Absentee Voting By Officers And Employees Of Government Who Are Away
From The Place Of Their Registration By Reason Of Official Functions On Election Day

WHEREAS, under the electoral law now in force the rule is that a person has to be physically present in the
polling place whereof he is a registered voter in order to be able to vote;

WHEREAS, the democratic principle requires the broadest participation in electoral and similar exercises by
persons who have all the qualifications and none of the disqualifications to vote;

WHEREAS, government officials and employees who are assigned to places other than their place of registration
must not be deprived of their right to participate in electoral exercises;

Sec. 1. Any person who by reason of public functions and duties, is not in his/her place of registration on
election day, may vote in the city/municipality where he/she is assigned on election day: Provided, That he/she
is a duly registered voter.

Sec. 2. Thirty (30) days before the election, the appropriate head of office shall submit to the Commission on
Elections a list of officers and employees of the office who are registered voters, and who, by reason of their
duties and functions, will be in places other than their place of registration, and who desire to exercise their
right to vote, with the request that said officers and employees be provided with application forms to cast
absentee ballots in their place of assignment.

The list and the request shall be under oath.

Rep. Act. 7166: AN ACT PROVIDING FOR SYNCHRONIZED NATIONAL AND LOCAL ELECTIONS AND FOR
ELECTORAL REFORMS, AUTHORIZING APPROPRIATIONS THEREFOR, AND FOR OTHER PURPOSES
Sec. 12 Absentee Voting. - Absentee voting as provided for in Executive Order No. 157 dated March 30, 1987 shall
apply to the elections for President, Vice-President and Senators only and shall be limited to members of the Armed
Forces of the Philippines and the Philippine National Police and other government officers and employees who are
duly registered voters and who, on election day, may temporarily be assigned in connection with the performance
of election duties to place where they are not registered voters.

Right of Suffrage of the Vulnerable Sectors

Rep. Act. No. 10366: Authorizing Commission on Elections to Establish Precincts Assigned to Accessible Polling
Places Exclusively for Persons with Disabilities and Seniors (2013)
- In designing the ballot, the Commission shall ensure reasonable accommodation to persons with
disabilities and senior citizens to enable them to accomplish the ballots by themselves.
- satellite and/or special registration for persons with disabilities and senior citizens in accessible places.
- PWDs can be assisted in the application for registration and preparation of the ballot by any member of
an accredited citizens' arm, or by a relative by consanguinity or affinity within the fourth civil degree, or
Page 17 of 26
 if he or she has none present, by any person of his or her confidence who belongs to the same
household.

(end of coverage)

Page 18 of 26
 II. Candidates, Political Parties, and Organizations

A. CANDIDATES
Batas Pambansa Blg. 881, Secs. 79(a): Definitions. - As used in this Code:
(a) The term "candidate" refers to any person aspiring for or seeking an elective public office, who has filed a
certificate of candidacy by himself or through an accredited political party, aggroupment, or coalition of parties;

Qualifications and Disqualifications of Candidates

Const. Art. VI, Secs. 3: No person shall be a Senator unless he is a natural-born citizen of the Philippines and, on
the day of the election, is at least thirty-five years of age, able to read and write, a registered voter, and a resident
of the Philippines for not less than two years immediately preceding the day of the election.

Const. Art. VI, Secs. 6: Section 6. No person shall be a Member of the House of Representatives unless he is a
natural-born citizen of the Philippines and, on the day of the election, is at least twenty-five years of age, able to
read and write, and, except the party-list representatives, a registered voter in the district in which he shall be
elected, and a resident thereof for a period of not less than one year immediately preceding the day of the election.

Const. Art. VII, Secs 2: No person may be elected President unless he is a natural-born citizen of the Philippines, a
registered voter, able to read and write, at least forty years of age on the day of the election, and a resident of the
Philippines for at least ten years immediately preceding such election.

Const. Art. X, Sec. 3: The Congress shall enact a local government code which shall provide for a more responsive
and accountable local government structure instituted through a system of decentralization with effective
mechanisms of recall, initiative, and referendum, allocate among the different local government units their powers,
responsibilities, and resources, and provide for the qualifications, election, appointment and removal, term,
salaries, powers and functions and duties of local officials, and all other matters relating to the organization and
operation of the local units.

Rep. Act No. 7160: AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE OF 1991
TITLE II: ELECTIVE OFFICIALS
Section 39. Qualifications. -
(a) An elective local official must be a citizen of the Philippines; a 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; a resident therein for at least one (1) year
immediately preceding the day of the election; and able to read and write Filipino or any other local language or
dialect.
(b) Candidates for the position of governor, vice-governor, or member of the sangguniang panlalawigan, or mayor,
vice-mayor or member of the sangguniang panlungsod of highly urbanized cities must be at least twenty-three
(23) years of age on election day.
Candidates for the position of mayor or vice-mayor of independent component cities, component cities, or
municipalities must be at least twenty-one (21) years of age on election day.
(d) Candidates for the position of member of the sangguniang panlungsod or sangguniang bayan must be at least
eighteen (18) years of age on election day.
(e) Candidates for the position of punong barangay or member of the sangguniang barangay must be at least
eighteen (18) years of age on election day.
(f) Candidates for the sangguniang kabataan must be at least fifteen (15) years of age but not more than
twenty-one (21) years of age on election day.

Page 19 of 26
Section 40. Disqualifications. - The following persons are disqualified from running for any elective local
position:
a. Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by
one year or more of imprisonment, within two (2) years after serving sentence;
b. Those removed from office as a result of an administrative case;
c. Those convicted by final judgment for violating the oath of allegiance to the Republic;
d. Those with dual citizenship;
e. Fugitives from justice in criminal or non-political cases here or abroad;
f. Permanent residents in a foreign country or those who have acquired the right to reside abroad and
continue to avail of the same right after the effectivity of this Code; and
g. The insane or feeble-minded.

Batas Pambansa Blg. 881: Omnibus Election Code

Secs. 12. Disqualifications. — Any person who has been declared by competent authority insane or incompetent,
or has been sentenced by final judgment for subversion, insurrection, rebellion or for any offense for which he has
been sentenced to a penalty of more than eighteen months or for a crime involving moral turpitude, shall be
disqualified to be a candidate and to hold any office, unless he has been given plenary pardon or granted amnesty.

This disqualifications to be a candidate herein provided shall be deemed removed upon the declaration by
competent authority that said insanity or incompetence had been removed or after the expiration of a period of
five years from his service of sentence, unless within the same period he again becomes disqualified.

Rep. Act. No. 9225: Citizenship Retention and Re-acquisition Act of 2003.
Sec 5: Civil and Political Rights and Liabilities - Those who retain or re-acquire Philippine citizenship under
this Act shall enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities
under existing laws of the Philippines and the following conditions:
1. Those intending to exercise their right of surffrage must Meet the requirements under Section 1, Article
V of the Constitution, Republic Act No. 9189, otherwise known as "The Overseas Absentee Voting Act of
2003" and other existing laws;
2. Those seeking elective public in the Philippines shall meet the qualification for holding such public
office as required by the Constitution and existing laws and, at the time of the filing of the certificate of
candidacy, make a personal and sworn renunciation of any and all foreign citizenship before any public
officer authorized to administer an oath;
3. Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic of
the Philippines and its duly constituted authorities prior to their assumption of office: Provided, That
they renounce their oath of allegiance to the country where they took that oath;
4. Those intending to practice their profession in the Philippines shall apply with the proper authority for
a license or permit to engage in such practice; and
5. That right to vote or be elected or appointed to any public office in the Philippines cannot be exercised
by, or extended to, those who:
a. are candidates for or are occupying any public office in the country of which they are naturalized
citizens; and/or
b. are in active service as commissioned or non-commissioned officers in the armed forces of the
country in which they are naturalized citizens.

CERTIFICATE OF CANDIDACY
Batas Pambansa Blg. 881: Omnibus Election Code

Page 20 of 26
Sec. 66. Candidates holding appointive office or positions. — Any person holding a public appointive office or
position, including active members of the Armed Forces of the Philippines, and officers and employees in
government-owned or controlled corporations, shall be considered ipso facto resigned from his office upon the
filing of his certificate of candidacy.

Sec. 73. Certificate of candidacy. — No person shall be eligible for any elective public office unless he files a
sworn certificate of candidacy within the period fixed herein.

A person who has filed a certificate of candidacy may, prior to the election, withdraw the same by submitting to the
office concerned a written declaration under oath.

No person shall be eligible for more than one office to be filled in the same election, and if he files his certificate of
candidacy for more than one office, he shall not be eligible for any of them.

However, before the expiration of the period for the filing of certificates of candidacy, the person who was filed
more than one certificate of candidacy may declare under oath the office for which he desires to be eligible and
cancel the certificate of candidacy for the other office or offices.

The filing or withdrawal of a certificate of candidacy shall not affect whatever civil, criminal or administrative
liabilities which a candidate may have incurred.

Sec 74. Contents of certificate of candidacy. — The certificate of candidacy shall state that the person filing it is
announcing his candidacy for the office stated therein and that he is eligible for said office; if for Member of the
Batasang Pambansa, the province, including its component cities, highly urbanized city or district or sector which
he seeks to represent; the political party to which he belongs; civil status; his date of birth; residence; his post office
address for all election purposes; his profession or occupation; that he will support and defend the Constitution of
the Philippines and will maintain true faith and allegiance thereto; that he will obey the laws, legal orders, and
decrees promulgated by the duly constituted authorities; that he is not a permanent resident or immigrant to a
foreign country; that the obligation imposed by his oath is assumed voluntarily, without mental reservation or
purpose of evasion; and that the facts stated in the certificate of candidacy are true to the best of his knowledge.

Unless a candidate has officially changed his name through a court approved proceeding, a certificate shall use in a
certificate of candidacy the name by which he has been baptized, or if has not been baptized in any church or
religion, the name registered in the office of the local civil registrar or any other name allowed under the provisions
of existing law or, in the case of a Muslim, his Hadji name after performing the prescribed religious pilgrimage:
Provided, That when there are two or more candidates for an office with the same name and surname, each
candidate, upon being made aware or such fact, shall state his paternal and maternal surname, except the
incumbent who may continue to use the name and surname stated in his certificate of candidacy when he was
elected. He may also include one nickname or stage name by which he is generally or popularly known in the
locality.

The person filing a certificate of candidacy shall also affix his latest photograph, passport size; a statement in
duplicate containing his bio-data and program of government not exceeding one hundred words, if he so desires.

Sec. 76. Ministerial duty of receiving and acknowledging receipt. — The Commission, provincial election
supervisor, election registrar or officer designated by the Commission or the board of election inspectors under the
succeeding section shall have the ministerial duty to receive and acknowledge receipt of the certificate of
candidacy.

Page 21 of 26
Rep. Act. No. 7166: AN ACT PROVIDING FOR SYNCHRONIZED NATIONAL AND LOCAL ELECTIONS AND FOR
ELECTORAL REFORMS, AUTHORIZING APPROPRIATIONS THEREFOR, AND FOR OTHER PURPOSES

Section 7. Filing of Certificates of Candidacy. - The certificate of candidacy of any person running for the office
of President, Vice-President, Senator, Member of the House of Representatives or any elective provincial, city or
municipal official shall be filed in five (5) legible copies with the offices of the Commission specified hereunder not
later than the day before the date legally fixed for the beginning of his campaign period.
a. The certificate of candidacy for President, Vice-President and Senators shall be filed with the main office of
the Commission in Manila;
b. The certificate of candidacy for the Members of the House of Representatives shall be filed with the
provincial election supervisor of the province concerned. Those for legislative districts in the National
Capital Region shall be filed with the regional election director of said region and those for legislative
districts in cities outside the National Capital Region which comprise one or more legislative districts shall
be filed with the city election registrar concerned;
c. The certificate of candidacy for provincial offices shall be filed with the provincial supervisor concerned;
and
d. The certificate of candidacy for city or municipal offices shall be filed with the city or municipal election
registrar concerned.

Whenever practicable, the names of registered candidates for local positions shall be printed in the election
returns: Provided, That, if a candidate has been disqualified or declared a nuisance candidate, it shall be the duty
of the Commission to instruct without delay the appropriate election officials to delete the name of said candidate
as printed in the election return.

The certificate of candidacy shall be filed by the candidate personally or by his duly authorized representative. No
certificate of candidacy shall be filed or accepted by mail, telegram or facsimile.

Villafuerte v. COMELEC, et. al., G.R. No. 206698 [February 25, 2014]
Giron v. COMELEC, G.R. No. 188179 [January 22, 2013]
Quinto, et. al v. COMELEC, G.R. No, 189698 [February 22, 2010]

REMEDIES AGAINST UNLAWFUL CANDIDACIES

Batas Pambansa Blg. 881, Secs. 69 and 78
Rep. Act No. 6646, Sec. 5-7
COMELEC Rules of Procedure, Rules 23, 24, 25, as amended by COMELEC Resolution No. 9523
a. Petition for Disqualification/Petition to Cancel or Deny Due Course to a Certificate of
Candidacy
Batas Pambansa Blg. 881, Sec. 78
Fermin v. COMELEC, et. al. G.R. 179695, 182369 {December 18, 2008]
Buenafe v. COMELEC, G.R. No. 260374, 260426 [June 28, 2022]
Aratea v. COMELEC, et. al. G.R. 195229 [October 9, 2012]
Poe-Llamanzares v. COMELEC, et. al., G.R. Nos. 221697, 221698-700 [March 8, 2016]
Francisco v. COMELEC, et. al., G.R. No. 230249 [April 24, 2018]
Abundo v. COMELEC, et. al. G.R. No. 201716 [January 8, 2013]
Tallado v. COMELEC, et. al. G.R. No. 246679 [September 10, 2019] (Resolution on MR),
[March 2, 2021]
Halili v. Commission on Elections, G.R. Nos. 231643 & 231657, [January 15, 2019]]
Maquiling v. COMELEC, et. al. G.R. No. 195649 [April 16, 2013 and July 2, 2013]
Caballero v. COMELEC, et. al. G.R. No. 209835 [September 22, 2015]
Gana-Carait v. COMELEC, et. al. G.R. No. 257453 [August 9, 2022]
Page 22 of 26
 Risos-Vidal v. COMELEC, et. al., G.R. No. 206666 [January 21, 2015]
Hayudini v. COMELEC, et. al. G.R. No. 207900 (April 22, 2014]
Guro v. Commission on Elections, G.R. No. 234345 [June 22, 2021]
Sabili v. COMELEC, et. al. G.R. No. 193261 [April 24, 2012]
b. Petition to Declare a Candidate a Nuisance
Batas Pambansa Blg. 881, Sec. 69
Pamatong v. COMELEC, G.R. 161872 [April 13, 2004]
Dela Cruz v. COMELEC, et. al. G.R. No. 192221 [November 12, 2012]
Zapanta v. COMELEC, et. al., G.R. No, 233016 [March 5, 2019]
Marquez v. COMELEC, G.R. No. 244274 [September 3, 2019]
Marquez v. COMELEC, G.R. No. 458235 [June 28, 2022]
De Alban v. COMELEC, G.R. No. 243968 [March 22, 2022]
Amad v. COMELEC, et. al. G.R. No. 258448 [July 5, 2022]
2. Substitution of Candidates
Batas Pambansa Blg 881, Sec. 77
Engle v. COMELEC, et. al. G.R. No. 215995 [January 19, 2016]
Federico v. COMELEC, et. al. G.R. No. 199612 [January 22, 2013]
Tagolino v. HRET, et. al. G.R. No. 202202 [March 19, 2013]
Talaga v. COMELEC, et. al. G.R. No. 196804 [October 9, 2012]
Aggabao and Navarro vs. COMELEC, G.R. No. 258456 [July 26, 2022]
B. Political Parties and Organizations
Batas Pambansa Blg 881, Secs. 60-62, 70-71
Rep. Act. No. 7166, Sec. 6
1. Qualifications and Disqualifications of Political Parties
a. Regular Parties
Political Parties
b. Parties and Organizations in the Party-List System of Representation
Atong Paglaum, et al. v. COMELEC, G.R. No. 2033766 [April, 2, 2013]
2. Registration/Accreditation of Political Parties
Rep. Act. No. 7941, Sec. 3
COMELEC Rules of Procedure, Rule 32
COMELEC Resolution No. 9366
3. Majority/Minority Party
Liberal Party v. COMELEC, G.R. No. 247645, [July 26, 2022]
4. Political Party Nomination
LDP v. COMELEC, G.R. No. 161265 [February 24, 2004]
Atienza v. COMELEC, G.R. No. 188920 [February 16, 2010]
Liberal Party v. COMELEC, G.R. No. 191771 [March 6, 2010]
5. Cancellation of Political Party Registration

III. Political Campaigns, Campaign Finance and Voter Education and Information
Rep. Act No. 9006
Rep. Act No. 7904
Peñera v. COMELEC (Resolution), G.R. No. 181613 [November 25, 2009]
Nicolas-Lewis v. COMELEC, G.R. No. 223705 [August 14, 2019}
SWS, et. al. v. COMELEC, G.R. No. 208062 [April 7, 2015]
A. Allowed and Disallowed Campaign Propaganda
Batas Pambansa Blg. 881, Sec. 79-81, 83, 87-89
Rep. Act. No. 11207
Diocese of Bacolod v. COMELEC, et. al. G.R. No. 205728 [January 21, 2015] July 5, 2016}
Page 23 of 26
 1-UTAK v. COMELEC, G.R. No. 206020 [April 14, 2015]
GMA Network, et. al. v. COMELEC, G.R. No. 205357 [September 2, 2014]
B. Campaign Contribution and Expenditures
Batas Pambansa Blg. 881, 94-112
Rep. Act No. 7166, Secs. 13, 14
COMELEC Resolution No. 9991 and 10772
Pilar v. Comelec, G.R. No. 115245 [July 11, 1995]
Maturan v. COMELEC, et. al., G.R. No. 227155 [March 28, 2017]
Salvador v. COMELEC, et. al. G.R. No. 230744 [September 26, 2017]
Ejercito v. COMELEC, et. al. G.R. No. 212398 [November 25, 2014]
PDP-Laban v. Comelec, G.R. No. 225152 [October 05, 2021]

C. Administrative Disqualification of Candidates and Political Parties for Violation of Campaign

Rules
Batas Pambansa Blg. 881, Sec. 68
Rep. Act No. 6646, Sec. 6
Nolasco v. COMELEC, G.R. No. 122250, 122258 [July 21, 1997]
Blanco v. COMELEC, G.R. No. 180164 [June 17, 2008]
Francisco v. COMELEC, et. al. supra.
Ejercito v. COMELEC, et. al. supra.
Codilla v. De Venecia, et. al., G.R. 150605 [December 10, 2002]

IV. Voting, Counting, and Canvassing Process

A. The Automated Election Law
Rep. Act. No. 9369
1. Election Preparation Activities
a. Decision on Technology
Rep. Act. No. 9369, Secs. 6-9
b. Procurement, Testing, and Source Code Review
Rep. Act. No. 9369, Secs. 10, 12
Roque et. al. v. COMELEC, et. al., G.R. 188456 [September 10, 2009]
Bagumbayan-VNP, et. al. v. COMELEC, G.R. No. 206719 [April 10, 2019]
c. Clustering of Precincts and Establishment of Voting Centers and Polling Places
Batas Pambansa Blg. 881, Secs. 152-159, 163
Rep. Act. No. 9369, Sec. 17
Rep. Act. No. 6466, Sec. 18
d. Constitution of the Electoral Boards and the Boards of Canvassers
Rep. Act. No. 10756
Rep. Act. No. 9369, Secs. 3, 5
Rep. Act. No. 6646, Secs. 20-22
2. Election Day, Counting, Result Transmission, Canvassing or Consolidation, Process and
Official Proclamation Process
Rep. Act No. 9369, Secs. 13-16, 18-23, 25, 29
Rep. Act No. 7166, Secs. 11-12
Rep. Act. No. 6646, Secs. 16-17
Bagumbayan-VNP, et. al. v. COMELEC, G.R. No. 222731 [March 8, 2016]
AES Watch v. Commission on Elections, G.R. No. 246332 (Resolution), [December 9, 2020]
3. Random Manual Audit
Rep. Act. No. 9369, Sec. 25
Bagumbayan-VNP, et. al. v. COMELEC, supra. [April 10, 2019]
Page 24 of 26
 4. The “Manual” Voting, Counting and Tabulation Process
Batas Pambansa Blg. 881, Secs. 152-159, 163
Rep. Act No. 9369, Secs. 31-41
Rep. Act. No. 7166, Secs. 11-12, 23-25
Rep. Act. No. 6646, Secs. 16-17
5. Election Day Processes and Voting, Counting and Canvassing
6. Rules on Appreciation of Votes
Batas Pambansa Blg. 881, Sec. 211
Sevilla v. COMELEC, et. al. G.R. No. 227797 [November 13, 2018]
7. Proclamation of the elected
Diambrang v. Commission on Elections, G.R. No. 201809, [October 11, 2016]
Banat Party List v. COMELEC, G.R. No. 177508 [August 7, 2009]
8. Failure of Elections
Batas Pambansa Blg. 881, Secs. 6
Rep. Act. No. 7166, Sec. 4
Dibaratun v. COMELEC, et. al., G.R. No. 170367 [February 2, 2010]
B. Postponement of Elections
Batas Pambansa Blg. 881, Sec. 5
V. Post-Election Disputes
A. Jurisdictions of Tribunals
Const. Art. VI, Sec. 17
Ongsiako-Reyes v. HRET, G.R. No. 221103 [October 16, 2018]
Ongsiako-Reyes v. COMELEC, et. al. G.R. No. 207264 [June 25, 2013, October 22, 2013]
Tanada v. HRET, et. al., G.R. No.217012 [March1, 2016]
Tanada v. COMELEC, et. al., G.R. No. [October 22, 2013]
Penson v. Commission on Elections Constituted as the National Board of Canvassers for Senators
and Party-List Representatives, G.R. No. 211636, [September 28, 2021]
Const. Art. VII, Sec. 4 (last paragraph)
Const. Art. IX-C, Secs. 2(2), 3
B. Pre-Proclamation Controversies
COMELEC Rules of Procedure, Rule 27
1. “Correction of Manifest Error”
Tamayo-Reyes v. COMELEC, et. al. G.R. No. 175121 [June 8, 2007]
2. Illegal Proceedings and Illegal Composition of the Boards of Canvassers
3. Annulment of Proclamation
Taguiam v. COMELEC, et. al. G.R. No. 184801 [July 30, 2009]
Codilla v. De Venecia, et. al., G.R. 150605 [December 10, 2002]
C. Election Contests
PET Rules of Procedures
SET Rules of Procedures
HRET Rules of Procedures
COMELEC Rules of Procedure, Rules 20-22, 28, as amended
COMELEC Resolution No. 8804, as amended.
Supreme Court Admin. Matter No. 10-4-1-SC
Supreme Court Admin Matter No. 7-4-15-SC
Chua v. COMELEC, et. al. G.R. 236573 [August 14, 2018]
1. Election Protest
Batas Pambansa Blg. 881, Secs. 249, 251-252, 255
Abayon v. HRET, et. al., G.R. No. 222236, 223032 {May 3, 2016}
Garcia v. COMELEC, et. al. G.R. No. 216691 [July 21, 2015]
Page 25 of 26
 Chato v. HRET, et. al., G.R. No. 199149 [January 22, 2013]
Maliksi v. COMELEC, et. al. G.R. No. 203302 [April 11, 2013]
Cagas v. COMELEC, et. al. G.R. No. 194139 [January 24 2012]
Regio v. COMELEC, et. al., G.R. No. 204828 [December 3, 2013]
2. Quo Warranto
Batas Pambansa Blg. 881, Sec. 255
Ty-Delgado v. HRET, et. al. G.R. No. 219603 [January 26, 2016]
3. Appeals and Special Civil Actions
Rep. Act No. 7166, Sec. 22
Bungcaras, et. al. v. COMELEC, et. al. G.R. No. 2019415-17, 210002 [November 10, 2016]
Pecson v. COMELEC, et. al., G.R. No. 182865 [December 24, 2008]
Calo v. COMELEC, et. al., G.R. No. 185222 [January 19, 2010]

VI. Election Offenses

Batas Pambansa Blg. 881, Secs, 261-264, 266-268, as amended
Rep. Act No. 9369, Secs. 28, 42-43
Rep. Act No. 9006, Secs. 13-14
Rep. Act No. 8189, Secs. 45-46
Rep. Act No. 7166, Secs. 32-34, 39
Rep. Act No. 6646, Sec. 28
COMELEC v. Trinidad Pe-Aguirre, et. al., G.R. No. 171208
Arroyo v. COMELEC, G.R. No. 199082, et. al. [July 23, 2013]
Aquino v. COMELEC, supra.
Spouses Romualdez v. Sandiganbayan, G.R. No. 167011, [April 30, 2008]
Rodriguez v. COMELEC, G.R. No. 255209, [January 10, 2023]

VII. Other Electoral Exercises

A. Plebiscite and Referendum
Const. Art. X, Sec. 3, Art. XVII
Rep. Act No. 7160, Sec. 10
Del Rosario, et. al. v. COMELEC, et. al., G.R. No. 247610 [March 10, 2020]
Umali v. COMELEC, et. al., G.R. No. 203974, 204371 [April 22, 2014]
B. Initiative
Const. Art. VI, Sec. 1, Art. X, Sec. 3
Rep. Act No. 6735
COMELEC Resolution No. 10650
Marmeto v. COMELEC, et. al., G.R. No. 213953 [September 26, 2017]
C. Recall
Const. Art. X, Sec. 3
Rep. Act. No. 7160, Sec. 69-75, as amended by Rep. Act. No. 9244
COMELEC Resolution No. 10649
Angobung v. COMELEC, et. al. G.R. No. 126576 [March 5, 1997]
Goh v. COMELEC, et. al., G.R. No. 212584 [November 25, 2014]

Page 26 of 26