Election Laws Premid Atty. Gujilde

Charm Tan AY 2015-2016ELECTION LAWS Part I: ELECTIVE OFFICIALS 1. Election, defined. - It is 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 the government. a) b) Election defined under jurisprudence. An election is the embodiment of the popular will, the expression of the sovereign power of the people. It involves the choice or selection of candidates to public office by popular vote. Specifically, the term "election," in the context of the Constitution, may refer to the conduct of the polls, including the listing of voters, the holding of the electoral campaign, and the casting and counting of the votes which do not characterize the election of officers in the Katipunan ng mga barangay. (Taule v. Santos) Election defined within the context of the Constitution. The phrase "election, returns and qualifications" should be interpreted in its totality as referring to all matters affecting the validity of the contestee's title. But if it is necessary to specify, we can say that "election" referred to the conduct of the polls, including the listing of voters, the holding of the electoral campaign, and the casting and counting of the votes; "returns" to the canvass of the returns and the proclamation of the winners, including questions concerning the composition of the board of canvassers and the authenticity of the election returns and "qualifications" to matters that could be raised in a quo warranto proceeding against the proclaimed winner, such as his disloyalty or ineligibility or the inadequacy of his certificate of candidacy. (Javier v. COMELEC) 2. Election, purpose. a) The purpose of an election is to give the voters a direct participation in the affairs of their government, either in determining who shall be their public officials or in deciding some question of public interest; and for that purpose all of the legal voters should be permitted, unhampered and unmolested, to cast their ballot. (Luna v. Rodriguez) 3. Election laws, purpose. a) Private respondent argues that inasmuch as the barangay election is non-partisan, there can be no substitution because there is no political party from which to designate the substitute. Such an interpretation, aside from being non sequitur, ignores the purpose of election laws which is to give effect to, rather than frustrate, the will of the voters.[12] It is a solemn duty to uphold the clear and unmistakable mandate of the people. It is well-settled that in case of doubt, political laws must be so construed as to give life and spirit to the popular mandate freely expressed through the ballot. (Rulloda v. COMELEC) 4. Election laws, how construed. a) Election contests involve public interest, and technicalities and procedural barriers should not be allowed to stand if they constitute an obstacle to the determination of the true will of the electorate in the choice of their elective officials. Laws governing election contests must be liberally construed to the end that the will of the people in the choice of public officials may not be defeated by mere technical objections. In an election case, the court has an imperative duty to ascertain by all means within its command who is the real candidate elected by the electorate. The Supreme Court frowns upon any interpretation of the law or the rules that would hinder in any way not only the free and intelligent casting of the votes in an election but also the correct ascertainment of the results. (Carlos v. Angeles) b) This Court has time and again liberally and equitably construed the electoral laws of our country to give fullest effect to the manifest will of our people,66 for in case of doubt, political laws must be 1 Charm Tan AY 2015-2016 interpreted to give life and spirit to the popular mandate freely expressed through the ballot. (Frivaldo v. COMELEC) 5. Election, classified. a) Regular Election i. SK Election is not a regular election It is a rule in statutory construction that every part of the statute must be interpreted with reference to the context, i.e., that every part of the statute must be considered together with the other parts, and kept subservient to the general intent of the whole enactment. The evident intent of Section 74 is to subject an elective local official to recall election once during his term of office. Paragraph (b) construed together with paragraph (a) merely designates the period when such elective local official may be subject of a recall election, that is, during the second year of his term of office. Thus, subscribing to petitioners interpretation of the phrase regular local election to include the SK election will unduly circumscribe the novel provision of the Local Government Code on recall, a mode of removal of public officers by initiation of the people before the end of his term. And if the SK election which is set by R.A. No. 7808 to be held every three years from May 1996 were to be deemed within the purview of the phrase regular local election, as erroneously insisted by petitioner, then no recall election can be conducted rendering inutile the recall provision of the Local Government Code. (Paras v. COMELEC) - The SK election is not a regular election because its members do not even possess suffrage under the Constitution. - If the SK election was a regular election, there would be no more recall election because it always falls within the second year of term of office, the only time when a recall election is allowed. - The SK is nothing more than a youth organization. Its elected officers are not one of those enumerated as elective local officials under the law. b) c) Special Election to fill our vacancy Special election after failure of election Sec. 6. Failure of election. - If, on account of force majeure, violence, terrorism, fraud, or other analogous causes the election in any polling place 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 of the election, the Commission shall, on the basis of a verified petition by any interested party and after due notice and hearing, call for the holding or continuation of the election not held, suspended or which resulted in a failure to elect on a date 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 of such postponement or suspension of the election or failure to elect. (Omnibus Election Code) - Pursuant to Section 6 of the Omnibus Election Code (B.P. Blg. 881), a special election may be held in Precinct No. 13 only if the failure of the election therein "would affect the result of the election." This "result of the election" means the net result of the election in the rest of the precincts in a given constituency, such that if the margin of a leading candidate over that of his closest rival in the latter precincts is less than the total number of votes in the precinct where there was failure of election, then such failure would certainly affect "the result of the election"; hence, a special election must be held. Consequently, the holding of a special election in Precinct No. 13 can only be determined after the votes in Precinct No. 7 shall have been included in the canvass by the Provincial Board of Canvassers. (Lucero v. COMELEC) Sec. 4. Postponement, Failure of Election and Special Elections. — The postponement, declaration of failure of election and the calling of special elections as provided in Sections 5, 6 and 7 of the Omnibus Election Code shall be decided by the Commission sitting en banc by a majority votes of its 2 (1) that there is a failure of election. Tudanan. and (2) that such failure would affect the results of the election. Section 9 of Republic Act No. Sovereignty resides in the people and all government authority emanates from them. Counting is part and parcel of the conduct of an election which is under the control and supervision of the COMELEC. The list shall be published in at least two newspaper of national of circulation and shall be posted at the website of the Commission at least fifteen (15) days prior to the electoral activity concerned.13. the COMELEC order for a manual count was not only reasonable.A. The transfer of such machines or any component thereof shall be undertaken in the presence of representatives of political parties and citizens' arm of the Commission who shall be notified by the election officer of such transfer. . (RA No. The causes for the declaration of a failure of election may occur before or after the casting of votes or on the day of the election. Tapul and Jolo. Siasi. 8436 is hereby amended to read as follow: "SEC. the will of the voters of Sulu was honestly determined.There are. "All political parties and party-lists shall be furnished copies of said continuity plan at their official addresses as submitted to the Commission. (Loong v. (Article II. Systems of Election a) Manual System of election (BP 881.Charm Tan AY 2015-2016 members. The Philippines is a democratic and republican State. It ought to be self-evident that the Constitution did not envision a COMELEC that cannot count the result of an election. Talipao.. the Commission shall use any available machine or any component thereof from another city/municipality upon the approval of the Commission En Banc or any of its divisions. 8436. 1987 Constitution) 8. R. a) 1987 Constitution i. 8436 did not prohibit manual counting when machine count does not work. Article VII 1. Activation of such continuity and contingency measures shall be undertaken in the presence of representatives of political parties and citizen's arm of the Commission who shall be notified by the election officer of such activation. viz. Systems breakdown in the counting center. Omnibus Election Code) b) Automated system of election (RA No. It was the only way to count the decisive local votes in the six (6) municipalities of Pata. 8436) . 11. enumerated. obstruction or nonperformance of the electoral process. two requisites for the holding of special elections under Section 6 of the Omnibus Election Code. Elective Officials. (RA 8436) SEC. therefore. There is a systems breakdown in the counting center when the machine fails to read the ballots or fails to store/save results or fails to print the results after it has read the ballots." (RA 9369) . We cannot kick away the will of the people by giving a literal interpretation to R. 7166) .The AES shall be so designed to include a continuity plan in case of a systems breakdown or any such eventuality which shall result in the delay.In the case at bar. 6. Constitutional basis of Election SECTION 1. President 3 . Continuity Plan.a system using appropriate technology for voting and electronic devices to count votes and canvass/consolidate results c) Manual count during automated election Sec. COMELEC) 7. or when the computer fails to consolidate election results/reports or fails to print election results/reports after consolidation. — In the event of a systems breakdown of all assigned machines in the counting center. 9.A. The bottom line is that by means of the manual count. these are actually provincial board members) . No.3 ARMM Assemblymen per assembly district 2. ii.1 Vice-Mayor per city and municipality . * 1 SP Lalawigan per legislative district iii.145 City Mayors . term of office and term limit. COMELEC The sole province of Ifugao cannot validly constitute the Cordillera Autonomous Region.81 Vice-Governors . From these sections.1 Vice-President . we would be faced with the absurd situation of having two sets of officials. RA 6766 (Organic Act of CAR) 3. 2015 as amended) For the May 9.1.1.1 ARMM Vice-Governor .624 SP Members (Sangguniang Panlungsod) .083 contested seats 9.1 ARMM Regional Governor . RA 6734 (Organic Act for ARMM) .Governor per province . Vice President Article VI 1.1 Vice. The President and the Vice-President shall be elected by direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of June next following the day of the election and shall end 4 .145 City Vice-Mayors . Ordillo v.489 Municipal Mayors . Party-list Representatives 4. it can be gleaned that Congress never intended that a single province may constitute the autonomous region. how elected. 9982 (August 18.1 President . 1 House of Representative per Legislative district 3.1.8 SB Members per municipality . President.11.1 SK Chairman per Barangay .12 or 10 or 8 SP members per city . Otherwise. 12 Senators 2.18.7 SK Councils per Barangay c) COMELEC Res.1 ARMM Regional Vice-Governor .12 Senators 238 House Representatives .24 ARMM Assemblymen .7 Barangay Kagawad per Barangay .1 Governor per province .1 Mayor per City and municipality . b) Local Government Code .776 SP Members (Sangguniang Panlalawigan. 2016 elections: . Section 4.81 Governors .916 SB Members (Sangguniang Bayan) .489 Municipal Vice-Mayors . Article X 1.1 ARMM Governor . a set of provincial officials and another set of regional officials exercising their executive and legislative powers over exactly the same small area.Charm Tan AY 2015-2016 2.1 Punong Barangay per barangay . The absence of a similar provision in Art. qualifications Section 2. Consequently. (Article IV.[16] It cannot be said of him. (Article VII. succession to mayorship in the event of vacancy therein being only one of them. Vice President and Vice-Mayor There is another reason why the Vice-President who succeeds to the Presidency and serves in that office for more than four years is ineligible for election as President. his becoming so is entirely dependent on the good graces of the President. 2010 elections. service in the presidency for more than four years may rightly be considered as service for a full term. COMELEC) 10. The President shall not be eligible for any re-election. The framers of the Constitution included such a provision because. Comelec) 11. permanent disability. To recapitulate. without it. It underscores the constitutional intent to cover only the terms of office to which one may have been elected for purpose of the three-term limit on local elective officials. (Borja v. It will serve no useful or practical purpose. he also seeks the mayorship. at least forty years of age on the day of the election. In running for Vice-President. he may thus be said to also seek the Presidency. Those who elect Philippine citizenship in accordance with paragraph (3). the same is no longer true today. his service in that office should not be counted in the application of any term limit. able to read and write. 8 on elective local officials throws in bold relief the difference between the two cases. No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time. that in running for vice-mayor. Hence. removal or resignation. Under the local Government Code. No person may be elected President unless he is a natural-born citizen of the Philippines. The Vice-President is elected primarily to succeed the President in the event of the latters death. Following the results of that elections. he is the presiding officer of the sanggunian and he appoints all officials and employees of such local assembly. (Borja v. it is not enough that an individual has served three consecutive terms in an elective local office. This is not so in the case of the vice-mayor. the electors likewise choose as Vice-President the candidate who they think can fill the Presidency in the event it becomes vacant. While he may be appointed to the cabinet. He has distinct powers and functions. (Pormento v. six years thereafter. any discussion of his reelection will simply be hypothetical and speculative. not eligible for re-election Assuming an actual case or controversy existed prior to the proclamation of a President who has been duly elected in the May 10. and a resident of the Philippines for at least ten years immediately preceding such election. Constitution) Section 2. For their part. disregarding for this purpose service by automatic succession. 5 . who simply steps into the Presidency by succession would be qualified to run for President even if he has occupied that office for more than four years. 1987 Constitution) a) President term limit . he must also have been elected to the same position for the same number of times before the disqualification can apply. the Vice-President.Charm Tan AY 2015-2016 at noon of the same date. (Article VII. a registered voter. Thus.six years. Hence. Section 1 hereof shall be deemed natural-born citizens. private respondent was not elected President for the second time. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. President. X. the term limit for elective local officials must be taken to refer to the right to be elected as well as the right to serve in the same elective position. as much as of the Vice-President in the event of a vacancy in the Presidency. His assumption of the mayorship in the event of vacancy is more a matter of chance than of design. Estrada) b) Difference of effects of succession on term limit between the Vice-President and Vice-Mayor. defined Any conclusion on the Filipino citizenship of Lorenzo Pou could only be drawn from the presumption that having died in 1954 at 84 years old. and that San Carlos. city. Qualifications. (Fornier v. and (3) a man can have but one residence or domicile at a time. such that Lorenzo Pou would have benefited from the "en masse Filipinization" that the Philippine Bill had effected in 1902. as used in the law prescribing the qualifications for suffrage and for elective office. Pangasinan. during which regime respondent FPJ has seen first light. Comelec) It is doctrinally settled that the term residence." Such provision is aimed at excluding outsiders "from taking advantage of favorable circumstances existing in that community for electoral gain. who elect Philippine Citizenship upon reaching the age of majority. municipality. of Filipino mothers. three rules must be borne in mind. Comelec) d) Property qualification That said property qualifications are inconsistent with the nature and essence of the Republican system ordained in our Constitution and the principle of social justice underlying the same. for said political system is premised upon the tenet that sovereignty resides in the people and all government 6 . confers citizenship to all persons whose fathers are Filipino citizens regardless of whether such children are legitimate or illegitimate. pleasure. and able to read and write Filipino or any other local language or dialect. Poe. which imports not only an intention to reside in a fixed place but also personal presence in that place. if acquired. when the Philippines was under Spanish rule. Lorenzo would have been born sometime in the year 1870. father of respondent FPJ. could have well been his place of residence before death. Domicile is a question of intention and circumstances. a registered voter in the barangay. Those born before January 17." Generally. which provides for the qualifications of local elective officials. a resident therein for at least one (1) year immediately preceding the day of the election. or some other reasons. would thereby extend to his son. the Constitution or the law intends to prevent the possibility of a "stranger or newcomer unacquainted with the conditions and needs of a community and not identified with the latter from [seeking] an elective office to serve that community. one intends to return. In the consideration of circumstances. 1973. means the same thing as domicile. (Marcos v.(a) An elective local official must be a citizen of the Philippines. Comelec) b) Residence. (2) when once established it remains until a new one is acquired. coupled with conduct indicative of such intention. (Ibid." (Torayno v.) a) Natural-born Filipino. defined For political purposes the concepts of residence and domicile are dictated by the peculiar criteria of political laws. That citizenship (of Lorenzo Pou). or province x x x where he intends to be elected. ( Domino v. namely: (1) that a man must have a residence or domicile somewhere. Comelec) c) Residence requirement. his place of residence upon his death in 1954. whenever absent for business. The following are citizens of the Philippines: 3. what has clearly and unequivocally emerged is the fact that residence for election purposes is used synonymously with domicile. As these concepts have evolved in our election law. in the absence of any other evidence. . Allan F.Charm Tan AY 2015-2016 Constitution) Section 1. in requiring candidates to have a minimum period of residence in the area in which they seek to be elected. 39. rationale The pertinent provision sought to be enforced is Section 39 of the Local Government Code (LGC) of 1991. The 1935 Constitution. Domicile denotes a fixed permanent residence to which. as follows: "SEC. If the President-elect fails to qualify. upon determination of the authenticity and due execution thereof in the manner provided by law. For. and the Congress. implies necessarily that the right to vote and to be voted for shall not be dependent upon the wealth of the individual concerned. Presidential succession. canvass the votes. how elected. not later than thirty days after the day of the election. Vice-President. defined. No Vice-President shall serve for more than two successive terms.Charm Tan AY 2015-2016 authority emanates from them. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected. rich and poor alike. ( Article VII. and this. however. (Article IX. Constitution) 13. or where both shall have died or become permanently disabled. Such rules. in turn. The person having the highest number of votes shall be proclaimed elected. in case of his inability. Constitution) 15. basis for proclamation Section 4. six years thereafter. shall be transmitted to the Congress. The President-elect and the Vice President-elect shall assume office at the beginning of their terms. the Speaker of the House of Representatives. If a President shall not have been chosen. (Rulloda v. No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time. Comelec) 14. President & Vice-President. and that. Borra) 12. increase. the President-elect shall have died or shall have become permanently disabled. whereas social justice presupposes equal opportunity for all. The Congress shall. directed to the President of the Senate. the President of the Senate or. term of office and term limit Section 4. how broken Section 4. one of them shall forthwith be chosen by the vote of a majority of all the Members of both Houses of the Congress. no person shall. Where no President and Vice-President shall have been chosen or shall have qualified. shall not diminish. The winner is the candidate who has obtained a majority or plurality of valid votes cast in the election. the President of the Senate shall. Upon receipt of the certificates of canvass. or modify substantive rights. Presidential and vice-presidential tie. accordingly. but in case two or more shall have an equal and highest number of votes. be denied the chance to be elected to public office. open all the certificates in the presence of the Senate and the House of Representatives in joint public session. in all republican forms of government the basic idea is that no one can be declared elected and no measure can be declared carried unless he or it receives a majority or plurality of the legal votes cast in the election. (Article VII. The President and the Vice-President shall be elected by direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date. (Maquera v. shall act as President until a President or a Vice-President shall have been chosen and qualified. by law. (Ibid. The returns of every election for President and Vice-President. provide for the manner in which one who is to act as President shall be selected 7 . ) Section 6. in case of vacancy at the start of the term Section 7. If at the beginning of the term of the President. Sound policy dictates that public elective offices are filled by those who receive the highest number of votes cast in the election for that office. Each Commission en banc may promulgate its own rules concerning pleadings and practice before it or before any of its offices. the Vice President-elect shall act as President until the President-elect shall have qualified. Constitution) a) Winner. voting separately. the Vice President-elect shall act as President until a President shall have been chosen and qualified. the Vice President-elect shall become President. The President shall not be eligible for any re-election. duly certified by the board of canvassers of each province or city. by reason of poverty. If the Congress. Constitution) 16. Petitioner's reference is to a future challenge after occupying the office of the president which he has given up. provide who shall serve as President in case of death. Permanent disability of the President Section 11. In the press release containing his final statement. permanent disability. the VicePresident shall become the President to serve the unexpired term. the Speaker of the House of Representatives. Resignation of the President 8 . if it is not in session. in case of vacancy on mid-term Section 8. or resignation of the President. the President of the Senate or. the Congress shall decide the issue. (2) he emphasized he was leaving the Palace.Charm Tan AY 2015-2016 until a President or a Vice-President shall have qualified. voting separately. that the President is unable to discharge the powers and duties of his office. within forty-eight hours. when the President transmits to the President of the Senate and to the Speaker of the House of Representatives his written declaration that no inability exists. Without doubt. or resignation of the Acting President. Thereafter. by law. Certainly. The Congress shall. permanent disability. for the sake of peace and in order to begin the healing process of our nation. in case of death. removal from office. He did not say he was leaving the Palace due to any kind inability and that he was going to reassume the presidency as soon as the disability disappears: (3) he expressed his gratitude to the people for the opportunity to serve them. permanent disability. Whenever a majority of all the Members of the Cabinet transmit to the President of the Senate and to the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. (Estrada v. he was referring to the past opportunity given him to serve the people as President (4) he assured that he will not shirk from any future challenge that may come ahead in the same service of our country. shall then act as President until the President or Vice-President shall have been elected and qualified. the Vice-President shall act as President. For that purpose. within twelve days after it is required to assemble. if not in session. or inability of the officials mentioned in the next preceding paragraph.) In sum. (Article VII. he shall reassume the powers and duties of his office. their written declaration that the President is unable to discharge the powers and duties of his office. and (5) he called on his supporters to join him in the promotion of a constructive national spirit of reconciliation and solidarity. (Ibid. (1) he acknowledged the oath-taking of the respondent as President of the Republic albeit with reservation about its legality. His presidency is now in the part tense. or resignation of both the President and Vice-President. In case of death. permanent disability. and until he transmits to them a written declaration to the contrary. the Vice-President shall immediately assume the powers and duties of the office as Acting President. In case of death. The press release was petitioner's valedictory. Presidential succession. his final act of farewell. and be subject to the same restrictions of powers and disqualifications as the Acting President. the President shall continue exercising the powers and duties of his office. we hold that the resignation of the petitioner cannot be doubted. the Congress shall convene. Desierto) 18. the national spirit of reconciliation and solidarity could not be attained if he did not give up the presidency. otherwise. within ten days after receipt of the last written declaration. such powers and duties shall be discharged by the Vice-President as Acting President. (Ibid. in accordance with its rules and without need of call. determines by a two-thirds vote of both Houses. Meanwhile. removal from office. It was confirmed by his leaving Malacañang. Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office. He shall serve until the President or the Vice-President shall have been elected and qualified. in case of his inability. should a majority of all the Members of the Cabinet transmit within five days to the President of the Senate and to the Speaker of the House of Representatives. or. the seat of the presidency.) 17. Consequently. 14. Using this totality test. The convening of the Congress cannot be suspended nor the special election postponed. (Article VI. contemporaneous and posterior facts and circumstantial evidence bearing a material relevance on the issue. the facts show that petitioner did not write any formal letter of resignation before he evacuated Malacañang Palace in the afternoon of January 20. Article V1 of this Constitution. The bill calling such special election shall be deemed certified under paragraph (2). The bill calling such special election shall be deemed certified under paragraph 2. No special election shall be called if the vacancy occurs within seventy days before the date of the presidential election of 1987. Senators. Section 19. (Article VII. it must be given legal effect. during and after January 20. the Batasang Pambansa shall.Charm Tan AY 2015-2016 Resignation is not a high level legal abstraction. In the cases at bar.In case a vacancy occurs for the Office of the President and Vice-President. Constitution) WHEREAS. Appropriations for the special election shall be charged against any current appropriations and shall be exempt from the requirements of paragraph 4. Desierto) 19. It can be oral. No special election shall be called if the vacancy occurs within eighteen months before the date of the next presidential election. Section 10. It can be implied. Section 2.78 The validity of a resignation is not government by any formal requirement as to form. Omnibus Election Code) 21. It can be express. whether or not petitioner resigned has to be determined from his act and omissions before. It can be written. (Estrada v. Section 25. term of office and term limit. how filled. how elected. convene in accordance with its rules without need of a call and within seven days enact a law calling for a special election to elect a President and a Vice-President to be held not earlier than forty-five days nor later than sixty days from the time of such call. Desierto) 20. . Constitution) Sec. the President shall nominate a Vice-President from among the Members of the Senate and the House of Representatives who shall assume office upon confirmation by a majority vote of all the Members of both Houses of the Congress. the President in the event of such vacancy shall nominate a Vice President from among the members of the Senate and the House of Representatives who shall assume office upon confirmation by a majority vote of all members of both Houses voting separately. Vacancy in both the presidency and vice-presidency. As long as the resignation is clear. at ten o'clock in the morning of the third day after the vacancy in the offices of the President and Vice-President occurs. pursuant to Section 9 Article VII of the Constitution. how filled. Section 9. at ten o'clock in the morning of the third day after the vacancy occurs. (4) A special appropriations bill shall specify the purpose for which it is intended. Article VIII of the Constitution and shall become law upon its approval on third reading by the Batasang Pambansa. we hold that petitioner resigned as President. The Congress shall. Section 16 of Article VIII of the Constitution. The convening of the Batasang Pambansa cannot be suspended nor the special election postponed. It is a factual question and its elements are beyond quibble: there must be an intent to resign and the intent must be coupled by acts of relinquishment. number. Appropriations for the special election shall be charged against any current appropriations and shall be exempt from the requirements of paragraph (4). (Article VII. and shall be supported by funds actually available as certified by the National Treasurer. Whenever there is a vacancy in the Office of the Vice-President during the term for which he was elected. Constitution) Section 25. Special election for President and Vice-President. (Article II. voting separately. Article V1 of this Constitution and shall become law upon its approval on third reading by the Congress. The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified 9 . or to be raised by a corresponding revenue proposal therein. (Estrada v. 2001 after the oath-taking of respondent Arroyo. Vacancy in the office of the Vice-President. enact a law calling for a special election to elect a President and a Vice-President to be held not earlier than forty-five days nor later than sixty days from the time of such call. Section 26. convene in accordance with its rules without need of a call and within seven days. 2001 or by the totality of prior. (2) The party-list representatives shall constitute twenty per centum of the total number of 10 . 1992. who shall be elected from legislative districts apportioned among the provinces. (1) The House of Representatives shall be composed of not more than two hundred and fifty members. SECTION 3. Constitution) In the instant case. the special election to fill such vacancy shall be held simultaneously with the next succeeding regular election. The right of a citizen in the democratic process of election should not be defeated by unwarranted impositions of requirement not otherwise specified in the Constitution. (Tolentino v. term of office and term limit. Senator. the three departments of government have no choice but to yield obedience to the commands of the Constitution. the party who stands most prejudiced by the instant petition. is also without such power. Whatever limits it imposes must be observed. validly impose qualifications on candidates for senator in addition to what the Constitution prescribes. Accordingly. how elected. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. able to read and write. the COMELEC. Constitution) Pimentel's contention is well . as it is hereby declared as. the first twelve obtaining the highest number of votes shall serve for six years and the remaining twelve for three years. We simply cannot disenfranchise those who voted for Honasan. in the guise of enforcing and administering election laws or promulgating rules and regulations to implement Sec. cities. Section 2 of R. In the discharge of their defined functions. The Senators. and sectoral parties or organizations. In the same vein. shall be elected through a party-list system of registered national. 36(g) of RA 9165 should be. The law charges the voters with knowledge of this statutory notice and COMELECs failure to give the additional notice did not negate the calling of such special election.born citizen of the Philippines. as may be provided by law. at noon on the thirtieth day of June next following their election.A. is at least thirty . no act shall be valid if it conflicts with the Constitution. and. (Article VI.five years of age. unconstitutional. Of the Senators elected in the elections in 1992. The Members of the House of Representatives shall be elected for a term of three years which shall begin. unless otherwise provided by law. Constitution) Section 2. the COMELEC cannot. No person shall be a Senator unless he is a natural . Sec. number.taken. on the day of the election. to be sure. Comelec) 22. regional. More than 10 million voters cast their votes in favor of Honasan. and a resident of the Philippines for not less than two years immediately preceding the day of the election. Comelec) 23. unless otherwise fixed by law. a registered voter. 36(g). 6645 itself provides that in case of vacancy in the Senate. The Constitution is the basic law to which all laws must conform. in the absence of proof that COMELECs omission prejudiced voters in the exercise of their right of suffrage so as to negate the holding of the special election. as provided by law. the special election to fill the vacancy in the Senate arising from Senator Guingonas appointment as Vice-President in February 2001 could not be held at any other time but must be held simultaneously with the next succeeding regular elections on 14 May 2001. (Pimentel v. No. (Article VI. much less invalidate it. It is basic that if a law or an administrative rule violates any norm of the Constitution.Charm Tan AY 2015-2016 voters of the Philippines. No member of the House of Representatives shall serve for more than three consecutive terms. qualifications. (Article XVIII. Members of the House of Representatives. that issuance is null and void and has no effect. and those who. a) Constitution SECTION 7. and the local officials first elected under this Constitution shall serve until noon of June 30. If Congress cannot require a candidate for senator to meet such additional qualification. Members of the HOR. and on the basis of a uniform and progressive ratio. and the Metropolitan Manila area in accordance with the number of their respective inhabitants. (Article VI) SECTION 5. Accordingly. 1. Bago. but such adjustment shall not be made within one hundred twenty days before the election. Tarlac. Region XII: Lanao del Norte. Marinduque. 2. 2. 1. 3. 2. 4. Davao City.Charm Tan AY 2015-2016 representatives including those under the party list. 2. Ifugao. 1. South Cotabato with General Santos City. Region VI: Aklan. Navotas and Valenzuela. Siquijor. Camarines Norte. 1. 1. Region III: Bataan. 1. Region X: Agusan del Norte with Butuan City. 1. 6. 1. Negros Oriental with the cities of Bais. Palawan with Puerto Princesa City. Pateros and Muntinglupa. Davao del Norte. Canlaon and Dumaguete. 1. one-half of the seats allocated to party-list representatives shall be filled. 1. Cagayan de Oro City. as follows:chanroblesvirtuallawlibrary National Capital Region: Manila. Region II: Batanes. 1. Region 1: Abra. 4. and such other sectors as may be provided by law. Oriental Mindoro. Isabela. 2. Cagayan. Palayan and San Jose. (4) Within three years following the return of every census. 1. 2. 2. Caloocan. Pampanga with Angeles City. Pangasinan with the cities of Dagupan and San Carlos. 1. Davao del Sur. For three consecutive terms after the ratification of this Constitution. Region IV: Aurora. 1. peasant. 1. 1. San Carlos and Silay. Sorsogon. Zamboanga City. Pasig and Marikina. 1. Nueva Ecija with the cities of Cabanatuan. 1. women. Negros Occidental with the cities of Bacolod. (Article III) 11 . 1. 3. as provided by law. 2. Region VII: Bohol with Tagbilaran City. 3. Mandaue and Toledo. Lapu-Lapu. Quezon with Lucena City. Tagaytay and Trece Martires. indigenous cultural communities. Nueva Vizcaya. 1.Until a new apportionment shall have been made. Sultan Kudarat. 1. Masbate. 7. Quirino. Catanduanes. Cadiz. 1. Region VIII: Leyte with the cities of Ormoc and Tacloban. compact and adjacent territory. 1. Rizal. Samar with Calbayog City. Each city with a population of at least two hundred fifty thousand. Region XI: Surigao del Sur. Baguio City. 5. Malabon. as far as practicable. 24. Pasay. Makati. (3) Each legislative district shall comprise. 1. 2. 1. 1. La Union. Zambales. Olongapo City. Any province that may hereafter be created or any component city that may hereafter be declared by or pursuant to law as a highly urbanized city shall be entitled in the immediately following election to at least one Member or such number of Members as it may be entitled to on the basis of the number of the inhabitants and on the same uniform and progressive ratio used in the last preceding apportionment. Antique. Eastern Samar. 4. 2. Region IX: Basilan. 1. 2. Cebu with the cities of Danao. Apportionment of representatives. 1. Capiz with Roxas City. 1. 6. urban poor. 1. Davao Oriental. Bulacan. 2. Surigao del Norte with Surigao City. Ozamis and Tangub. Occidental Mindoro. except the religious sector. Quezon City. 1. shall have at least one representative. contiguous. Agusan del Sur. 2. Kalinga-Apayao. 1. Camarines Sur with the cities of Iriga and Naga. 1. 2. Laguna with San Pablo City. 2. 2. 4. Cebu City. San Juan and Mandaluyong. the Congress shall make a reapportionment of legislative districts based on the standards provided in this section. Romblon. Cavite with the cities of Cavite. Ilocos Sur. 4. Misamis Oriental with Gingoog City. or each province. 1. 1. 6. 3. 2. 1. 1. The number of Members apportioned to the province out of which the new province was created or where the new highly urbanized city is geographically located shall be correspondingly adjusted by the Commission. 1. 3. Ilocos Norte with Laoag City. Tawi-Tawi. by selection or election from the labor. Southern Leyte. Batangas with the cities of Batangas and Lipa. 1. 1. Region V: Albay with Legaspi City. 2. 4. Maguindanao with Cotabato City. Taguig. 2. Mountain Province. Las Piñas and Parañaque. Sulu. 1. 1. Iligan City. . Bukidnon. 1. 1. Iloilo with Iloilo City. La Carlota. North Cotabato. 3. Camiguin. 3. youth. 5. 4. the Members of the Batasang Pambansa shall be apportioned in accordance with the Ordinance appended to the Constitution. 2. 1. (Article VI) b) Omnibus Election Code Sec. 3. Lanao del Sur with Marawi City. 4. Zamboanga del Norte with the cities of Dapitan and Dipolog. Northern Samar. Zamboanga del Sur with Pagadian City. Benguet. 2. Misamis Occidental with the cities of Oroquieta. 3. Conversely. Aldovino v. Borja v. Comelec Two ideas thus emerge from a consideration of the proceedings of the Constitutional Commission. Voluntary renunciation of a term does not cancel the renounced term in the computation of the three term limit. is not barred from running again in for same local government post. Term limit. he must also have served three consecutive terms in the same position. 26. Disqualification. unless two conditions concur: 1.) that the official concerned has been elected for three consecutive terms to the same local government post. it is not enough that an individual has served three consecutive terms in an elective local office. Comelec 24.) that he has fully served three consecutive terms. succession by law to a vacated government office is characteristically not voluntary since it involves the performance of a public duty by a government official. Succession in local government offices is by operation of law. Constitution) 25. wanted to establish some safeguards against the excessive accumulation of power as a result of consecutive terms. 8) is to prevent a circumvention of the limitation on the number of terms an elective official may serve. such official cannot be considered to have fully served the term now withstanding his voluntary renunciation of office prior to its expiration. therefore. it is not enough that the official has been elected three consecutive times. Latasa v. prior to term end. for the disqualification to apply. It is therefore more compulsory and obligatory rather than voluntary. Three-term limit. Section 8. 27. purpose of. by including this exception. effect on term continuity. Preventive suspension. conversely. he must also have been elected to the same position for the same number of times before the disqualification can apply. Succession. except barangay officials. Comelec An examination of the historical background of the subject Constitutional provision reveals that the members of the Constitutional Commission were as much concerned with preserving the freedom of choice of the people as they were with preventing the monopolization of political power. The first is the notion of service of term. An elective local official. Comelec To recapitulate. Borja v. derived from the concern that the right of the people to choose those whom they wish to govern them be preserved. Comelec BANAT v. The second is the idea of election. Comelec Thus. Comelec 28.Charm Tan AY 2015-2016 c) Number of Party-list (see own notes) Veterans Federation Party v. shall be three years and no such official shall serve for more than three consecutive terms. Thus. which shall be determined by law. The term of office of elective local officials. effect of. Consequently. involuntary severance from office for any length of time short of the full term provided by law amounts to an interruption of continuity of service. The framers of the Constitution. and 2. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. 12 . derived from the concern about the accumulation of power as a result of a prolonged stay in office. Montebon v. the term limit for elective local officials must be taken to refer to the right to be elected as well as the right to serve in the same elective position. The purpose of this provision (Art. the non-performance of which exposes said official to possible administrative and criminal charges of dereliction of duty and neglect in the performance of public functions. (Article X. if he is not serving a term for which he was elected because he is simply continuing the service of the official he succeeds. effect on term continuity. Recall. Article VI. Comelec 35. Comelec 31. Sectors to be represented by party-list. Comelec 32. Abundo v. veterans. Section 5(2) of Constitution RA 7941 Section 5. Comelec 29. However. Comelec 33. Any organized group of persons may register as a party. (C)) Bagong Bayani-OFW v. The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives. The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. effect of.) SECTION 8. Nature of list of nominees. by selection or election from the labor. women. Sectors to be represented by party-list. as provided by law. Nature of constitutional and statutory enumeration of sectors. by-laws. 36. and professionals. Comelec Socrates v. resolve the petition within fifteen (15) days from the date it was submitted for decision but in no case not later than sixty (60) days before election. Latasa v. Political parties. enumerated. one-half of the seats allocated to party-list representatives shall be filled. attaching thereto its constitution. (Ibid. platform or program of government. Comelec 39. Ang Ladlad v. and such other sectors as may be provided by law. or other similar bodies. Conversion of municipality to city. Comelec 38. classified. youth. urban poor. organization or coalition for purposes of the party-list system by filing with the COMELEC not later than ninety (90) days before the election a petition verified by its president or secretary stating its desire to participate in the party-list system as a national. Members of HOR. qualifications. regional or sectoral party or organization or a coalition of such parties or organizations. qualifications. women. For three consecutive terms after the ratification of this Constitution. boards of canvassers. That the sectors shall include labor. they shall be entitled to appoint poll watchers in accordance with law. The COMELEC shall publish the petition in at least two (2) national newspapers of general circulation. Ong v. Party-list Representatives or Nominees. The COMELEC shall. Registration. effects of. SECTION 1. handicapped. how filled.Charm Tan AY 2015-2016 Lonzanida v. Election protest. coalition agreement and other relevant information as the COMELEC may require: Provided. Adormeo v. shall not be represented in the voters’ registration boards. after due notice and hearing. 13 . Disqualification after term end. Atong Paglaum v. list of officers. Comelec Bayan Muna v. peasant. peasant. Alegre Rivera v. except to the extent reserved to the people by the provision on initiative and referendum. effect on three-term disqualification. overseas workers. Comelec Atong Paglaum v. fisherfolk. urban poor. Comelec 30. (Article VI. Vacancy in the Senate or HOR. (Article IX. youth. Section 5 (2). Constitution) 34. Comelec 37. effect of. elderly. except the religious sector. or organizations or coalitions registered under the party-list system. Comelec BANAT v. indigenous cultural communities. boards of election inspectors. BA-RA 7941 v. indigenous cultural communities. shall be sufficient for such purpose. 14 . shall hold a special election to fill such vacancy. Local Government Code Section 43. 1992 or such date as may be provided for by law. shall be three years and no such official shall serve for more than three consecutive terms. . Failure of Election and Special Elections. 6 and 7 of the Omnibus Election Code shall be decided by the Commission sitting en banc by a majority vote of its members. The Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term. term of office and term limit. The Commission on Elections shall fix the date of the special election.The postponement. declaration of failure of election and the calling of special elections as provided in Sections 5. In case a vacancy arises in the Senate at least eighteen (18) months or in the House of Representatives at least (1) year before the next regular election for Members of Congress. RA 7166 Section 4. The causes for the declaration of a failure of election may occur before or after the casting of votes or on the day of the election. The Batasang Pambansa through a duly approved resolution or an official communication of the Speaker when it is not in session shall certify to the Commission the existence of said vacancy. upon receipt of a resolution of the Senate or the House of Representatives. starting from noon of June 30. which shall be determined by law. III) RA 6645 Section 1. an official communication on the existence of the vacancy and call for a special election by the President of the Senate or by the Speaker of the House of Representatives. Special election for Members of the Batasang Pambansa. however. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. the Commission shall call a special election to be held within sixty days after the vacancy occurs to elect the Member to serve the unexpired term. In case a permanent vacancy shall occur in the Senate or House of Representatives at least one (1) year before the expiration of the term.Charm Tan AY 2015-2016 SECTION 9. Constitution SECTION 8. 1992. (Omnibus Election Code. the special election shall be held simultaneously with the succeeding regular election. a special election may be called to fill such vacancy in the manner prescribed by law. that if within the said period a general election is scheduled to be held. the special election shall be held simultaneously with such general election. . Constitution) Sec. 22. except barangay officials. the Commission on Elections. Section 2. (Article VI. The term of office of elective local officials. (a) The term of office of all local elective officials elected after the effectivity of this Code shall be three (3) years. as the case may be. Elective local officials. but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term. in case of such vacancy in the Senate. Art. stating among other things the office or offices to be voted for: provided. which shall not be earlier than forty-five (45) days not later than ninety (90) days from the date of such resolution or communication. as the case may be.f Congress is in recess. However. the Commission shall call and hold a special election to fill the vacancy not earlier than sixty (60) days nor longer than ninety (90) days after the occurrence of the vacancy. Postponement. certifying to the existence of such vacancy and calling for a special election. In case of vacancy in the Senate or in the House of Representatives.In case a vacancy arises in the Batasang Pambansa eighteen months or more before a regular election. 40. That all local officials first elected during the local elections immediately following the ratification of the 1987 Constitution shall serve until noon of June 30. except that of elective barangay officials: Provided. Term of Office. (b) Those removed from office as a result of an administrative case. sangguniang panlungsod. or sangguniang bayan. Comelec 42. English. RA 9164 Section 7. or the local dialect. Qualifications. Local Government Code Section 40. or municipalities must be at least twenty-one (21) years of age on election day. a registered voter in the barangay. Elective local officials. (a) An elective local official must be a citizen of the Philippines. able to read and write Filipino. (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. Local Government Code Section 39. within two (2) years after serving sentence.Charm Tan AY 2015-2016 (b) No local elective official shall serve for more than three (3) consecutive terms in the same position. or province or. and must not have been convicted of any crime involving moral turpitude. Comelec 41. a resident therein for at least one (1) year immediately preceding the day of the election. Section 428 of Republic Act No. 7160. 428. qualifications. in the case of a member of the sangguniang panlalawigan. Comelec Labo v. David v." Frivaldo v. or member of the sangguniang panlalawigan. disqualifications. (c) Those convicted by final judgment for violating the oath of allegiance to the Republic. the district where he intends to be elected. a qualified voter of the katipunan ng kabataan. city. otherwise known as the Local Government Code of 1991. municipality. or mayor. (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. 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 (1) year or more of imprisonment. (c) Candidates for the position of mayor or vice-mayor of independent component cities. and able to read and write Filipino or any other local language or dialect. (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. (b) Candidates for the position of governor. . 15 . a resident of the barangay for at least one (1) year immediately prior to election. vice-mayor or member of the sangguniang panlungsod of highly urbanized cities must be at least twenty-one (21) years of age on election day. is hereby amended to read as follows: "Sec. which shall begin after the regular election of barangay officials on the second Monday of May 1994. (c) The term of office of barangay officials and members of the sangguniang kabataan shall be for three (3) years. vice-governor. – An elective official of the sangguniang kabataan must be a Filipino citizen. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which the elective official concerned was elected. component cities. Elective local officials. (d) Those with dual citizenship. Qualifications. at least fifteen (15) years but less than eighteen (18) years of age on the day of the election. Local Government Code Section 45 (c). in an action or protest in which he is a party is declared by final decision of a competent court guilty of. or found by the Commission of having (a) given money or other material consideration to influence. 68. and (g) The insane or feeble-minded. received or made any contribution prohibited under Sections 89. 45. Any person who is a permanent resident of or an immigrant to a foreign country shall not be qualified to run for any elective office under this Code. 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. Sec. Constitution 16 . (c) spent in his election campaign an amount in excess of that allowed by this Code. 96. e. 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. (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. Comelec Sobejana-Condon v. Vacancy in elective local offices. Comelec Roseller de Guzman v. 86 and 261. induce or corrupt the voters or public officials performing electoral functions. grounds.Any candidate who. 85. RA 9225 Valles v. Marquez v. shall be disqualified to be a candidate and to hold any office. Vacancy in elective local offices. shall be disqualified from continuing as a candidate. 95. unless within the same period he again becomes disqualified. Manzano Labo v. Date of election. 97 and 104. paragraphs d. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law. unless said person has waived his status as permanent resident or immigrant of a foreign country in accordance with the residence requirement provided for in the election laws. unless he has been given plenary pardon or granted amnesty. 83. 12. Comelec Macquiling v. (b) committed acts of terrorism to enhance his candidacy. Caasi v. In case or permanent vacancy is caused by a sanggunian member who does not belong to any political party. Disqualifications. subparagraph 6. how filled. the local chief executive shall.Charm Tan AY 2015-2016 (e) Fugitives from justice in criminal or non-political cases here or abroad. appoint a qualified person to fill the vacancy. 43. v. Comelec Mercado v. upon recommendation of the sanggunian concerned.Any person who has been declared by competent authority insane or incompetent. k. or if he has been elected. 44. . a) Dual Citizenship Constitution. Comelec c) Permanent residents in foreign country. . Article IV SECTION 5. or has been sentenced by final judgment for subversion. (d) solicited. and cc. Comelec b) Fugitives from justice. or (e) violated any of Sections 80. Disqualifications. from holding the office. Comelec Omnibus Election Code Sec. Section 2. twenty-four (24) Senators. Subsequent synchronized barangay and sangguniang kabataan elections shall be held on the last Monday of October and every three (3) years thereafter. Statement of Policy. professional. and all elective provincial. Comelec 47. . The first local elections shall be held on a date to be determined by the President. . the elections for local officials shall be held every three (3) years on the second Monday of May. or other organization or organized group of whatever nature shall 17 . city and municipal officials on the second Monday of May. 1992. Nature of Barangay elections.It is the policy of the State to synchronize elections so that there shall be simultaneous regular elections for national and local officials once every three (3) years. Designation of Other Dates for certain Pre-election Acts.If it should no longer be reasonably possible to observe the periods and dates prescribed by law for certain pre-election acts. No person who files a certificate of candidacy shall represent or allow himself to be represented as a candidate of any political party or any other organization.If it shall no longer be reasonably possible to observe the periods and dates prescribed by law for certain pre-election acts. and no political party. political committee. Adjustment period of pre-election requirements.Unless otherwise provided by law. Local Government Code Section 42. The six-year term of the incumbent President and Vice-President elected in the February 7. 1992. 38. Akbayan v. . the Commission shall fix other periods and dates in order to ensure accomplishment of the activities so voters shall not be deprived of their right of suffrage. RA 8436 Section 28. civic. 1992. 46. for purposes of synchronization of elections. Designation of other dates for certain pre-election acts. city and municipal officials shall be elected on the same day every three (3) years. Date of Elections. RA 9164 Section 1. Thereafter. Conduct of elections. which may be simultaneous with the election of the Members of the Congress. Date of Election. hereby extended to noon of June 30. the Commission shall fix other periods and dates in order to ensure accomplishment of the activities so voters shall not be deprived of their suffrage. religious. The first regular elections for the President and Vice-President under this Constitution shall be held on the second Monday of May. RA 7166 Section 1. . elective Members of the House of Representatives and all elective provincial. while the Senators. political group. . It shall include the election of all Members of the city or municipal councils in the Metropolitan Manila area. only twelve (12) shall be elected. Date of Election.Charm Tan AY 2015-2016 Section 1. RA 6646 Section 29. – There shall be synchronized barangay and sangguniang kabataan elections which shall be held on July 15. all elective Members of the House of Representatives. Omnibus Election Code Sec.The barangay election shall be non-partisan and shall be conducted in an expeditious and inexpensive manner. except that with respect to Senators. Vice-President.In accordance with the policy hereinbefore stated. The first elections of Members of the Congress under this Constitution shall be held on the second Monday of May. the President and Vice-President shall be elected on the same day every six (6) years. 1986 election is. 1987. there shall be an election for President. . (Article XVIII) Section 5. 2002. and after due notice and hearing. Benito v. and any analogous causes of such nature that the holding of a free. loss or destruction of election paraphernalia or records. . the Commission. Failure of election. however. Comelec Sumbing v. orderly and honest election should become impossible in any political subdivision. Postponement of election. 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. the Commission on Elections motu propio or upon sworn petition of ten (10) registered voters of a barangay. The causes for the declaration of a failure of election may occur before or after the casting of votes or on the day of the election. Montesclaros v. RA 6679 Section 2. jurisdiction. However.Charm Tan AY 2015-2016 intervene in his nomination or in the filing of his certificate of candidacy or give aid or support. insurrection. Davide Basher v. material or otherwise favorable to or against his campaign for election: Provided. declaration of failure of election and the calling of special elections as provided in Sections 5. and in all cases not later than ninety (90) days from the date of the original election. terrorism. Postponement. 6 and 7 of the Omnibus Election Code shall be decided by the Commission sitting en banc by a majority vote of its members. or which resulted in a failure to elect. Comelec a) Postponement of election. but not later than thirty (30) days after the cessation of the cause for such suspension or postponement of the election or failure to elect. motu proprio or upon a verified petition by any interested party. shall suspend or postpone the election therein to a date reasonably close to the date of the election that is not held or is suspended or postponed.The postponement. no permit to hold a public meeting shall be denied on the ground that the provisions of this paragraph may or will be violated. Omnibus Election Code Sec.When for any serious cause such as violence. and other analogous causes of such a nature that the holding of a free. loss or destruction of election paraphernalia. In case a permanent vacancy shall occur in the Senate or House of Representatives at least one (1) year before the expiration of the term. after summary proceedings of the existence of such grounds. the special election shall be held simultaneously with the succeeding regular election. in case of such vacancy in the Senate. RA 7166 Section 4. grounds. directly or indirectly. grounds. the Commission shall call and hold a special election to fill the vacancy not earlier than sixty (60) days nor longer than ninety (90) days after the occurrence of the vacancy. force majeure. whereby all interested parties are afforded equal opportunity to be heard. That without prejudice to any liability that may be incurred. Comelec 49. shall be construed as in any manner affecting or constituting an impairment of the freedom of individuals to support or oppose any candidate for any barangay office. Occena v. Omnibus Election Code 18 . . however. 5. Nothing in this section. When for any serious cause such as rebellion. terrorism. That this provision shall not apply to the members of the family of a candidate within the fourth civil degree of consanguinity or affinity nor to the personal campaign staff of the candidate which shall not be more than one for every one hundred registered voters in his barangay: Provided. violence. Comelec 48. Postponement of election. shall postpone the election therein to a date which should be reasonably close to the date of the election not held. orderly and honest election should become impossible in any barangay. Failure of Election and Special Elections. (1) In case a vacancy arises in the Batasang Pambansa eighteen months or more before a regular election. or after the voting and during the preparation and the transmission of the election returns or in the custody or canvass thereof. on the basis of a verified petition of an interested party.If. and after due notice and hearing. and other analogous causes of such nature that the holding of a free. upon a verified petition of an interested party and after due notice and hearing at which the interested parties are given equal opportunity to be heard. such election results in a failure to elect. . Angeles 50. the Commission shall call a special election to be held within sixty days after the vacancy occurs to elect the Member to serve the unexpired term. on account of force majeure. the election in any barangay has not been held on the date herein fixed or has been suspended before the hour fixed by law for the closing of the voting therein and such failure or suspension of election would affect the result of the election. the Commission. Benito v. . force majeure. call for the holding or continuation of the election not held. Comelec a) Declaration of failure of election. Postponement or failure of election. orderly and honest election should become impossible in any barangay. suspended or which resulted in a failure to elect but not later than thirty days after the cessation of the cause of such postponement or suspension of the election or failure to elect. on the basis of a verified petition by any interested party and after due notice and hearing. terrorism. Call of special election. loss or destruction of election paraphernalia or records. When the conditions in these areas warrant. and in any of such cases the failure or suspension of election would affect the result of the election. fraud. or upon petition of at least thirty percent of the registered voters in the barangay concerned. Special election. or other analogous causes the election in any polling place has not been held on the date fixed. Comelec Canicosa Batabor v. Constitution Section 9. shall postpone the election therein for such time as it may deem necessary. fraud or other analogous causes.When for any serious cause such as violence. upon verification by the Commission. terrorism. at which the interested parties are given equal opportunity to be heard shall call for the holding or continuation of the election within thirty days after it shall have verified and found that the cause or causes for which the election has been postponed or suspended have ceased to exist or upon petition of at least thirty percent of the registered voters in the barangay concerned. If. a special election may be called to fill such vacancy in the manner prescribed by law. In case of vacancy in the Senate or in the House of Representatives. Omnibus Election Code Sec. 6. or had been suspended before the hour fixed by law for the closing of the voting. 19 . it shall order the holding of the barangay election which was postponed or suspended. 7. Comelec Sardea v. suspended or which resulted in a failure to elect on a date reasonably close to the date of the election not held. on account of force majeure. RA 7166. but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term. the Commission shall. (Article VI) Omnibus Election Code Sec. 45. jurisdiction. 51. Postponement or failure of election in Barangay elections. terrorism. Section 4 Mitmug v. grounds. Failure of election. Comelec Loong v. .Charm Tan AY 2015-2016 Sec. violence. Comelec Carlos v. the Commission. violence. for at least six months immediately preceding the election. . Suffrage may be exercised by all citizens of the Philippines. Comelec Part II: SUFFRAGE 1. 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. 4. Constitution Section 1. fails without justifiable excuse to register as a voter in an election. Special election after failure of election Omnibus Election Code. It shall be the obligation of every citizen qualified to vote to register and cast his vote. Until then. Constitutional basis.Charm Tan AY 2015-2016 (2) In case of the dissolution of the Batasang Pambansa. Section 4 a) Special election after failure of election. RA 7166. Comelec b) Notice of special election. Benito v. (Article V) Omnibus Election Code Sec. 261. Hassan v. San Juan 2. Comelec 52. property. not otherwise disqualified by law. Section 4 a) Fixing date of special election Pangandaman v. 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. 1973 Constitution Section 4. the President shall call an election which shall not be held earlier than forty-five nor later than sixty days from the date of such dissolution. Comelec People v. (Article V) 3. Section 6 RA 7166. Calling of special election. and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote. The Congress shall also design a procedure for the disabled and the illiterates to vote without the assistance of other persons. Nature of suffrage. Sec. requisites.It shall be the obligation of every citizen qualified to vote to register and cast his vote. who are at least eighteen years of age. (y) On Registration of Voters:chanroblesvirtuallawlibrary (1) Any person who. No literacy. jurisdiction. defined. The Commission shall send sufficient copies of its resolution for the holding of the election to its provincial election supervisors and election registrars for dissemination. Comelec 53. Suffrage. having all the qualifications and none of the disqualifications of a voter. Lucero v. Obligation to register and vote. Nolasco v. Section 2. who shall post copies thereof in at least three conspicuous places preferably where public meetings are held in each city or municipality affected. or other substantive requirement shall be imposed on the exercise of suffrage. plebiscite or referendum in which he is qualified to vote. 20 . Comelec Tolentino v. finally. he shall suffer disqualification to run for public office in the next succeeding election following his conviction or be appointed to a public office for a period of one year following his conviction. RA 7166 Section 12. Disqualifications. Any political party found guilty shall be sentenced to pay a fine of not less than ten thousand pesos. the director of prisons. In addition. 169. 1987 shall apply to the elections for President. unless he/she executes.Members of the board of election inspectors and their substitutes may vote in the polling place where they are assigned on election day: Provided. he shall be sentenced to deportation which shall be enforced after the prison term has been served. That they are registered voters within the province. be fined one hundred pesos.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 Omnibus Election Code Sec. 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. In case of prisoner or prisoners illegally released from any penitentiary or jail during the prohibited period as provided in Section 261. Suffrage for local absentee voters. the guilty party shall be sentenced to suffer disqualification to hold public office and deprivation of the right of suffrage. 1987 Constitution. 264. If he is a foreigner. on election day. 157 dated March 30. city or municipality where they are assigned: and Provided. upon conviction. Voting privilege of members of board of election inspectors. Macalintal v.Absentee voting as provided for in Executive Order No.Any person found guilty of any election offense under this Code shall be punished with imprisonment of not less than one year but not more than six years and shall not be subject to probation. RA 9189 Sec. EO 157 . . 21 . 5. Penalties. . . Article V. – The following shall be disqualified from voting under this Act: (4) An immigrant or a permanent resident who is recognized as such in the host country. Comelec 5. In addition. provincial warden. an affidavit prepared for the purpose by the Commission declaring that he/she shall resume actual physical permanent residence in the Philippines not later than three (3) years from approval of his/her registration under this Act. terrorism of interference in the election. paragraph (n) of this Code. Absentee Voting. may temporarily be assigned in connection with the performance of election duties to place where they are not registered voters. which shall be imposed upon such party after criminal action has been instituted in which their corresponding officials have been found guilty. or persons who are required by law to keep said prisoner in their custody shall.Charm Tan AY 2015-2016 Sec. Failure to return shall be the cause for the removal of the name of the immigrant or permanent resident from the National Registry of Absentee Voters and his/her permanent disqualification to vote in absentia. Any person found guilty of the offense of failure to register or failure to vote shall. Suffrage for overseas absentee voters. Such affidavit shall also state that he/she has not applied for citizenship in another country. if convicted by a competent court. keeper of the jail or prison. That their voting in the polling places where they are not registered voters be noted in the minutes of the board of election inspectors. be sentenced to suffer the penalty of prision mayor in its maximum period if the prisoner or prisoners so illegally released commit any act of intimidation. Section 1 4. upon registration. the name of the Election Officer or the member of the accredited citizen’s arm who assisted the applicant. on election day. Article V. media practitioners. further. Assistance in the Accomplishment of the Ballot. ask him the questions. RA 8189 Section 3. Vice President. by placing his thumbmark or some other customary mark on the application in the presence of the Board. the fact that the Election Officer placed the applicant under oath. The Election Officer or any member of an accredited citizen’s arm shall read the accomplished form aloud to the person assisted and ask him if the information given is true and correct The accomplished form shall be subscribed by the applicant in the presence of the Board by means of thumbmark or some other customary mark and it shall be subscribed and attested by the majority of the members of the Board. Local Absentee Voting for Members of Media. or if he or she has none. Constitution. defined. 7. a caregiver or a nurse shall be considered a member of his or her household: Provided. such as a personal assistant. That they shall be allowed to vote only for the positions of President. Except for the members of the BEIs. Illiterate or Disabled Applicants. or visible. 2. Voter’s registration.Charm Tan AY 2015-2016 RA 10380: AN ACT PROVIDING FOR LOCAL ABSENTEE VOTING FOR MEDIA SEC. 6. The assistor shall hind himself or herself in a formal document under oath to fill out the ballot strictly in accordance with the instructions of the voter and not to reveal the contents of the ballot prepared by him or her. The application for registration of a physically disabled person may be prepared by any relative within the fourth civil degree of consanguinity or affinity or by the Election Officer or any member of an accredited citizen’s arm using the data supplied by the applicant. even if not stated or indicated in the registration record:Provided. Any illiterate person may register with the assistance of the Election Officer or any member of an accredited citizen’s arms. 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 22 . no assistor can assist for more than three (3) times. The Election Officer shall place such illiterate person under oath. by any person of his or her confidence who belongs to the same household. 11. and shall prepare the ballot for the voter inside the voting booth.That no voter shall be allowed to have an assistor on the basis of illiteracy or physical disability unless it is so indicated in his or her registration record. The fact of illiteracy or disability shall be so indicated in the application. Suffrage for disabled and illiterate voters. and record the answers given in order to accomplish the application form in the presence of the majority of the members of the Board. the person who usually assists the person with disability or senior citizen. if the physical inability to prepare the ballot is manifest. Nevertheless. For this purpose. RA 8189 Section 14. Any violation of this provision shall constitute an election offense punishable under Section 262 of the Omnibus Election Code. – A person with disability or senior citizen who is illiterate or physically unable to prepare the ballot by himself or herself may be assisted in the preparation of his or her ballot by a relative by consanguinity or affinity within the fourth civil degree. that the Election Officer or the member of the accredited citizen’s arm who assisted the applicant read the accomplished form to the person assisted. may not be able to vote due to the performance of their functions in covering and reporting on the elections: Provided. said voter shall be allowed to be assisted in accomplishing the ballot by a qualified assistor. and that the person assisted affirmed its truth and accuracy. Section 2 RA 10366 SEC. Senators and Party-List Representative. The attestation shall state the name of the person assisted. obvious. That the assistor must be of voting age. who are duly registered voters and who. – The Commission on Elections shall extend the right to vote under the local absentee voting system provided under existing laws and executive orders to members of media. including the technical and support staff. or by any member of the BEls. If in succeeding elections. such member is automatically disqualified to preserve the integrity of the Election Registration Board. the Commission may appoint additional election officers for such duration as may be necessary. qualifications. . the applicant shall be furnished with a certificate of disapproval stating the ground therefor. however.There shall be in each city and municipality as many as Election Registration Boards as there are election officers therein. The Board shall. That any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon expiration of five years after service of sentence. such disability not having been removed by plenary pardon or granted amnesty: Provided. Section 20. jurisdiction. In cases of approval or disapproval. 118. In case of disqualification of the Election Officer. be conducted during the period starting one hundred twenty (120) days before a regular election and ninety (90) days before a special election. Akbayan-Youth v. Comelec 9. Constitution. Registration. Disqualifications. Comelec Kabataan Party List v. System of continuing registration. (b) Any person who has been adjudged by final judgment by competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government such as rebellion. The Board shall be composed of the Election Officer as chairman and as members. with the proper Municipal or Metropolitan Trial Court as provided for in this Act. disqualifications. Section 1 Omnibus Election Code Sec. Abano 8. RA 8189. approve or disapprove the applications. Section 15 10. No registration shall. a) Period of registration. If the Board disapproves the application. as the case may be. Article V. the Commission shall designate any other appointive civil service official from the same locality as substitute. the public school official most senior in rank and the local civil registrar. RA 8189 Section 8. Approval and Disapproval of Application. together with the evidence received in connection therewith. 23 . by majority vote. System of Continuing Registration of Voters. Registration. In thickly populated cities/municipalities. any aggrieved party may file a petition for exclusion or inclusion. any of the newly elected city or municipal officials is related to a member of the board within the fourth civil degree of consanguinity or affinity. The personal filing of application of registration of voters shall be conducted daily in the office of the Election Officer during regular office hours. Yra v.The following shall be disqualified from voting:chanroblesvirtuallawlibrary (a) Any person who has been sentenced by final judgment to suffer imprisonment for not less than one year. Every registered party and such organizations as may be authorized by the Commission shall be entitled to a watcher in every registration board. sedition. In case of disqualification or nonavailability of the Local Registrar or the Municipal Treasurer. or in this absence. the Commission shall designate an acting Election Officer who shall serve as Chairman of the Election Registration Board. Upon approval. procedure. The Election Officer shall submit to the Board all applications for registration filed. however. No member of the Board shall be related to each other or to any incumbent city or municipal elective official within the fourth civil degree of consanguinity or affinity. the Election Officer shall assign a voters identification number and issue the corresponding identification card to the registered voter. the city or municipal treasurer. Election Registration Board.Charm Tan AY 2015-2016 same in the book of registered voters upon approval by the Election Registration Board g) Election Registration Board refers to the body constituted herein to act on all applications for registration Section 15. d) Citizenship. j) A statement that the applicant is not a registered voter of any precinct. on the day of the election shall possess such qualifications. who. A qualified voter shall be registered in the permanent list of voters in a precinct of the city or municipality wherein he resides to be able to vote in any election. and photographs are properly affixed in all copies of the voter’s application. To register as a voter. clear and legible rolled prints of his left and right thumbprints. sitio. b) Sex. Section 10. the Election Officer shall inform him of the qualifications and disqualifications prescribed by law for a voter. The application shall contain the following data: a) Name. with four (4) identification size copies of his latest photograph. h) Exact address with the name of the street and house number for location in the precinct maps maintained by the local office of the Commission. Before the applicant accomplishes his application for registration. may register as a voter. the National Police Forces. Section 11. shall not be deemed to have lost his original residence. he shall personally accomplish an application form for registration as prescribed by the Commission in three (3) copies before the Election Officer on any date during office hours after having acquired the qualifications of a voter. name of spouse. RA 8189 Section 9. profession. The application for registration shall contain three (3) specimen signatures of the applicant. occupation or work. and who shall have resided in the Philippines for at least one (1) year. All citizens of the Philippines not otherwise disqualified by law who are at least eighteen (18) years of age. violation of the firearms laws or any crime against national security. or in case there is none. or confinement or detention in government institutions in accordance with law. Any person who temporarily resides in another city. sedition. Disqualification. employment in private or public service. surname. That he shall regain his right to vote automatically upon expiration of five years after service of sentence. educational activities. f) Profession. The following shall be disqualified from registering: a) Any person who has been sentenced by final judgment to suffer imprisonment of not less than one (1) year. and barangay. for at least six (6) months immediately preceding the election. Registration of Voters. on the day of registration may not have reached the required age or period of residence but. work in the military or naval reservations within the Philippines. and k) Such information or data as may be required by the Commission. fingerprints. g) Periods of residence in the Philippines and in the place of registration. who. municipality or country solely by reason of his occupation. and thereafter. b) Any person who has been adjudged by final judgment by a competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government such as rebellion. and in the place wherein they propose to vote. to be taken at the expense of the Commission. attached thereto. however. see to it that the accomplished application contains all the data therein required and that the applicant’s specimen signatures. a brief description of his residence. That he shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence. That any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence. middle name. such disability not having been removed by plenary pardon or amnesty: Provided. Who may Register.Charm Tan AY 2015-2016 violation of the anti-subversion and firearms laws. unless restored to his full civil and political rights in accordance with law: Provided. and place of birth. i) A statement that the applicant possesses all the qualifications of a voter. service in the Armed Forces of the Philippines. and/or maternal surname. or any crime against national security. c) Date. e) Civil status. unless restored to his full civil and political rights in accordance with law: Provided. may register as a voter. and 24 . Any person. if married. That any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence as certified by the clerks of courts of the Municipal/Municipal Circuit/Metropolitan/Regional Trial Courts and the Sandiganbayan. The application for transfer of registration shall be subject to the requirements of notice and hearing and the approval of the Election Registration Board. RA 8189 Section 27. the Board shall transfer his registration record to the precinct book of voters of his new precinct and notify the voter of his new precinct All changes of address shall be reported to the office of the provincial election supervisor and the Commission in Manila. such disability not having been removed by plenary pardon or amnesty: Provided. and that the person assisted affirmed its truth and accuracy. Change of Residence to Another City or Municipality. Deactivation of Registration. The Election Officer shall place such illiterate person under oath. sedition. RTC 11. b) Any person who has been adjudged by final judgment by a competent court or tribunal of having caused/committed any crime involving disloyalty to the duly constituted government such as rebellion. Change of Address in the Same City or Municipality. The attestation shall state the name of the person assisted. The Election Officer or any member of an accredited citizen’s arm shall read the accomplished form aloud to the person assisted and ask him if the information given is true and correct The accomplished form shall be subscribed by the applicant in the presence of the Board by means of thumbmark or some other customary mark and it shall be subscribed and attested by the majority of the members of the Board. Any illiterate person may register with the assistance of the Election Officer or any member of an accredited citizen’s arms. the name of the Election Officer or the member of the accredited citizen’s arm who assisted the applicant. Any registered voter who has transferred residence to another city or municipality may apply with the Election Officer of his new residence for the transfer of his registration records. a) Residence Romualdez v. in the inactive file after entering the cause or causes of deactivation: a) Any person who has been sentenced by final judgment to suffer imprisonment for not less than one (1) year. ask him the questions. The board shall deactivate the registration and remove the registration records of the following persons from the corresponding precinct book of voters and place the same. Section 13.Charm Tan AY 2015-2016 c) Insane or incompetent persons declared as such by competent authority unless subsequently declared by proper authority that such person is no longer insane or incompetent. unless 25 . the fact that the Election Officer placed the applicant under oath. The fact of illiteracy or disability shall be so indicated in the application. and after notice of such approval to the Election Officer of the former residence of the voter. in accordance with this Act. Any voter who has changed his address in the same city or municipality shall immediately notify the Election Officer in writing. Illiterate or Disabled Applicants. that the Election Officer or the member of the accredited citizen’s arm who assisted the applicant read the accomplished form to the person assisted. violation of the anti-subversion and firearms laws. or any crime against national security. reactivation and cancellation of registration. and record the answers given in order to accomplish the application form in the presence of the majority of the members of the Board. Upon approval of the application for transfer. however. Deactivation. properly marked and dated in indelible ink. Section 14. said Election Officer shall transmit by registered mail the voter’s registration record to the Election Officer of the voter’s new residence. The application for registration of a physically disabled person may be prepared by any relative within the fourth civil degree of consanguinity or affinity or by the Election Officer or any member of an accredited citizen’s arm using the data supplied by the applicant. Section 12. by placing his thumbmark or some other customary mark on the application in the presence of the Board. If the change of address involves a change in precinct. Provided. and f) Any person who has lost his Filipino citizenship. stating the grounds therefor. and the voter concerned. Section 28. together with the proof of notice of hearing to the challenger and the applicant. Any voter. The Board shall cancel the registration records of those who have died as certified by the Local Civil Registrar. For this purpose. For this purpose. The challenge shall be under oath and be attached to the application. The hearing on the challenge shall be heard on the third Monday of the month and the decision shall be rendered before the end of the month. regular elections do not include the Sangguniang Kabataan (SK) elections. Oppositions to contest a registrant’s application for inclusion in the voter’s list must. the clerks of court for the Municipal/Municipal Circuit/Metropolitan/Regional Trial Courts and the Sandiganbayan shall furnish the Election Officer of the city or municipality concerned at the end of each month a certified list of persons who are disqualified under paragraph (a) hereof. That he shall regain his right to vote automatically upon expiration of five (5) years after service of sentence. the national central file. In case the application is approved. the Local Civil Registrar shall furnish a copy of this list to the national central file and the proper provincial file. Deactivation. RA 10367 Section 7. Local heads or representatives of political parties shall be properly notified on approved applications. Cancellation of Registration. with their addresses. and furnish copies thereof to the local heads of political parties. Should the second Monday of the month fall on a non-working holiday. In any case. Section 29. c) Any person declared by competent authority to be insane or incompetent unless such disqualification has been subsequently removed by a declaration of a proper authority that such person is no longer insane or incompetent. the Election Officer shall retrieve the registration record from the inactive file and include the same in the corresponding precinct book of voters. The Election Officer shall post in the bulletin board of his office a certified list of those persons whose registration were deactivated and the reasons therefor. The Commission may request a certified list of persons who have lost their Filipino Citizenship or declared as insane or incompetent with their addresses from other government agencies. d) Any person who did not vote in the two (2) successive preceding regular elections as shown by their voting records. in all cases. 26 . the list shall be sent to the Election Officer of the city or municipality of the deceased’s residence as appearing in his death certificate.Charm Tan AY 2015-2016 restored to his full civil and political rights in accordance with law. the national central file. The Election Officer shall submit said application to the Election Registration Board for appropriate action. The Local Civil Registrar shall submit each month a certified list of persons who died during the previous month to the Election Officer of the place where the deceased are registered. The Election Officer shall post in the bulletin board of his office a list of those persons who died whose registrations were cancelled. Any voter whose registration has been deactivated pursuant to the preceding Section may file with the Election Officer a sworn application for reactivation of his registration in the form of an affidavit stating that the grounds for the deactivation no longer exist any time but not later than one hundred twenty (120) days before a regular election and ninety (90) days before a special election. – 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 pursuant to this Act. candidate or representative of a registered political party may challenge in writing any application for registration. be filed not later than the second Monday of the month in which the same is scheduled to be heard or processed by the Election Registration Board. Reactivation of Registration. and furnish copies thereof to the local heads of the political parties. Challenges to Right to Register. and the provincial file. RA 8189 Section 18. oppositions may be filed on the next following working day. In the absence of information concerning the place where the deceased is registered. e) Any person whose registration has been ordered excluded by the Court. provincial file. Section 34. if the court should find that the application has been filed solely to harass the adverse party and cause him to incur expenses. and g) The petition shall be heard and decided within ten (10) days from the date of its filing. Exclusion. the court shall decide these petitions not later than fifteen (15) days before the election and the decision shall become final and executory.There shall be a national central file under the custody of the 27 . e) Any voter. Petition for Inclusion of Voters in the List. his non-appearance on the day set for hearing shall be prima facie evidence that the challenged voter is fictitious. f) The decision shall be based on the evidence presented and in no case rendered upon a stipulation of facts. Any person whose application for registration has been disapproved by the Board or whose name has been stricken out from the list may file with the court a petition to include his name in the permanent list of voters in his precinct at any time except one hundred five (105) days prior to a regular election or seventy-five (75) days prior to a special election. If the decision is for the inclusion of voters in the permanent list of voters. The petition shall be decided within fifteen (15) days after its filing. by leaving it in the possession of a person of sufficient discretion in the residence of the challenged voter. RA 8189 Section 24. The regional trial court shall decide the appeal within ten (10) days from the time it is received and the decision shall immediately become final and executory. Cases appealed to the Regional Trial Court shall be decided within ten (10) days from receipt of the appeal. d) No costs shall be assessed against any party in these proceedings. said decision shall become final and executory. National Central File. a) Petition for inclusion. Otherwise. The Municipal and Metropolitan Trial Courts shall have original and exclusive jurisdiction over all cases of inclusion and exclusion of voters in their respective cities or municipalities. Service of such notice may be made by sending a copy thereof by personal delivery. by majority vote. No motion for reconsideration shall be entertained. c) A petition shall refer only to one (1) precinct and implead the Board as respondents. b) Notice of the place. or by registered mail. If the question is whether or not the voter is real or fictitious. the applicant shall be furnished with a certificate of disapproval stating the ground therefor. with the proper Municipal or Metropolitan Trial Court as provided for in this Act. any aggrieved party may file a petition for exclusion or inclusion. The Board shall. Jurisdiction in Inclusion and Exclusion Case. approve or disapprove the applications.Charm Tan AY 2015-2016 Section 20. the Board shall place the application for registration previously disapproved in the corresponding book of voters and indicate in the application for registration the date of the order of inclusion and the court which issued the same. the Election Officer shall assign a voters identification number and issue the corresponding identification card to the registered voter. If the Board disapproves the application. However. the notice shall be posted in the bulletin board of the city or municipal hall and in two (2) other conspicuous places within the city or municipality. it shall order the culpable party to pay the costs and incidental expenses. 12. In all cases. and Correction of Names of Voters. Upon approval. Section 33. The Election Officer shall submit to the Board all applications for registration filed. Should the foregoing procedures not be practicable. Section 32. Inclusion and exclusion proceedings. as the case may be. Common Rules Governing Judicial. date and time of the hearing of the petition shall be served upon the members of the Board and the challenged voter upon filing of the petition. It shall be supported by a certificate of disapproval of his application and proof of service of notice of his petition upon the Board. Decisions of the Municipal or Metropolitan Trial Courts may be appealed by the aggrieved party to the Regional Trial Court within five (5) days from receipt of notice thereof. In cases of approval or disapproval. candidate or political party who may be affected by the proceedings may intervene and present his evidence. Proceedings in the Matter of Inclusion. together with the evidence received in connection therewith. Approval and Disapproval of Application. exclusion or correction of names of voters shall be filed during office hours. RA 10367 Section 9. RA 8189 Ututalum v. The Commission shall. cities or provinces where they reside and by their voters identification number (VIN). Constitution C. annul any book of voters that is not prepared in accordance with the provisions of this Act or was prepared through fraud. (Article IX) Pungutan v. force or any similar irregularity. It shall be compiled by precinct in each city/municipality and arranged alphabetically by surname so as to make the file a replica of the book of voters in the possession of the Election Officer. RA 8189 Section 39. Annulment at Book of Voters. Thereafter a national list shall be prepared following the alphabetical arrangements of surnames of voters. 13-1132. upon verified petition of any voter or election officer or duly registered political party. bribery. ruling or decision annulling a book of voters shall be executed within ninety (90) days before an election. except those involving the right to vote. or which contains data that are statistically improbable. 2013 14. Oct. No order. Nature of voter’s registration records. and after notice and hearing. Abubakar Domino v. submitted by the Election Officers in each city and municipality concerned. and registration of voters. The computerized voters’ list shall make use of a single and uniform computer program that will have a detailed sorting capability to list voters alphabetically by the precincts where they vote. municipalities. Comelec 13. under the custody of the Commission in Manila. Decide. forgery. appointment of election officials and inspectors. Comelec Sarangani v. including determination of the number and location of polling places. by the barangays. all questions affecting elections. No. for any purpose other than for electoral exercises. Database Security.Charm Tan AY 2015-2016 Commission in Manila consisting of the third copies of all approved voter registration records in each city or municipality. intimidation. Annulment of list of voters. Section 2 (3). impersonation. Comelec Minute Res. – The database generated by biometric registration shall be secured by the Commission and shall not be used. under any circumstance. There shall be a national file consisting of the computerized voters’ list (CVL). 17. Comelec 28 . both in print and in diskette.