ELECTION LAWS
The act of the agent is the act of the principle.
Election
“Elect”- to choose
- A process of decision-making to choose a person to
hold authority
- An electoral exercise
“Laws”
- Not one, but two or more laws applicalble to the
electoral exercises
- Applicable laws with regard to electoral exercises is
BP Blg. 881 or the Omnibus Election Code (as
amended by 3486 Automated Election)
- BP Blg 22 or Bouncing Checks Law
HOPE – honest, orderly, peaceful elections (to make it
credible).
Dec 23, 1985
Every election during Martial law had a corresponding PD. BP
881 was enacted to govern Pres and VP elections (snap
election)
- During ML,
- Called for a local election for mayors and vice
mayors in 1980
- Interim
- September 21, 1972 – Abolishing
Election – the essence of a democratic state
Qualities: credible, honest, orderly, peaceful
- These qualities were lost in the transition to
automated counting
ARTICLE II
Section 1. The Philippines is a democratic and republican
State. Sovereignty resides in the people and all government
authority emanates from them.
Democratic – by voting
Republican – LMABIS (government of Laws not men, ruled by
the MAjority, Bill of rights, Irrepealable laws, Suffrage)
- Republican: choosing the people who will be
representatives to the government.
- Authority emanates from the people
State
- Government, people, authority
- In political law, the concept of a state is an “ideal
person”.
o Three persons: ideal person (a person that
exists in contemplation of the law), juridical
person, natural person
Inherent Powers of the the State
Police power – power to regulate laws to the legislative
(Article VI)
- Enacting laws delegated to the executive
Agency Principle
Elections
- Initiated by virtue of the creation of public office (Art
VI)
Section 1 Art VI
Power to legislate is not exclusive to congress. The people are
vested with legislative power as well.
ARTICLE III
Section . No person shall be deprived of life, liberty, property,
and equal protection of the law.
- Presidential form of government with bilateral
congress
Judicial power – right to settle demandable and enforceable
rights
COA (Art IX) – to ensure that funds are dispersed with
authority.
Autonomy of LGU (Art X)
Next meeting: Eligibility of voters (Art V, Art IV).
ARTICLE V- SUFFRAGE
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.
“Sufradium” – the right to vote
The right to vote carries with it the right to be voted.
Privilege – granted
Right – inherent/entitled
Philippine Bill of 1902
- Americans started administering the affairs of the
Philippine islands, and assigned gov Dewey as the
administer
- All those are inhabitants of the Philippine islands are
protected by and enjoy the rights of American
citizens.
Social compact
- Legal obligation of people to submit to the authority
of the state
- Obey the law

Legal obligation of the state:

1. Protect the people (Sec 1, Art 5)
2. Patrias patriae – promote the common good
- Through the inherent powers of the state.

1924 US Constitution was adapted from the Jones law

July 1902 – Existing Civil governance by Act 93025, Philippine
Act

WHY 24 SENATORS
1902-1915 there were already 12 regions
- 11 were appointed by US
- 1 was elected

House of Represenatives (HOR)

Sec 5, Art. 6 defines 3 classes of membership.
1. District
2. Partylist
3. Sectoral