Election Laws Reviewer

Election Laws ReviewerDefinition: Suffrage– the right and obligation of qualified citizens to vote in the election of certain national and local of the government and in the decisions of public questions submitted to the people. It includes within its scope: election, plebiscite, initiative, referendum and recall. Election– the means by which the people choose their officials for a definite and fixed period and to whom they entrust for the time being as their representatives the exercise of the powers of the government, It involves the choice of selection of candidates to public office by popular vote. Plebiscite– a vote of the people expressing their choice for against a proposed law or enactment submitted to them. An election at which any proposed amendment to or revision of the Constitution is submitted to the people for their ratification. A constitutional requirement o secure the approval of the people directly affected, before certain proposed changes affecting local governments units may be implemented. Initiative– it is the process by which the registered voters directly propose, amend laws, national or local, though an election called for the propose. Amendments to the Constitution may likewise be directly proposed by the people though initiative. Referendum- it is at he submission of a law pass by the national or local legislative body to the registered voters of an election called for the purpose for their ratification or rejection. Recall- it is a method by which a public officer may be removed from office during his tenure or before the expiration of his term by a vote of the people after registration of a petition singed by a required percentage of the qualified voters. Since the right of suffrage is a political and not a natural right, it is within the power of the state prescribe the manner in which such right shall be exercised. Congress is mandated by the Constitution (Sec.2, Art. V): To provide a system for securing the secrecy and sanctity of the ballot, and for absentee voting by qualified Filipinos abroad, and To design a procedure for the disabled and the illiterate to vote without the assistance of other persons. THE COMMISSION ON ELECTIONS Composition, Qualifications, Appointment, Term of Office The COMELEC is composed of a chairman and six (6) Commission, The Chairman and the Members of the Commission shall be: • natural -born citizens of the Philippines • at least thirty-five years of age • holders of a college degree • must not have been candidates for any elective position in the immediately preceding election • majority thereof, including the Chairman shall be members of the Philippines Bar who have been engaged in the practice of law for at least 10 years (reason: COMELEC exercises quasi-judicial powers) The Chairman and Members are appointed by the president with the consent of the commission on Appointment for the term seven (7) years without reappointment on a staggered basis to make the COMELEC a continuing and self-perpetuating body. Consequently, its members would have the benefit of the experience and expertise of the order members of the performance of its functions, and makes for greater responsibility for its policies and decisions and serve as guarantee against arbitrary action which is likely to occur in a body handling partisans questions. A member appointment and designations in temporary or acting capacity are not allowed to preserve its independence. Disabilities, inhibitions\disqualifications 1. Shall not, during tenure, hold any other office or employment 2. Shall not engage in the practice of profession 3. Shall not engage in active management or control of any business which in any ay may be affected by the functions of his office 4. Shall not be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the Government, any of its subdivisions, agencies or instrumentalities, including GOCC s or their subsidiaries. Safeguards to insure the independence of the COMELEC It is constitutionally created; may not be abolished by statute It is expressly described as “independent” It is conferred with certain powers and functions which cannot be reduced by statute. The chairman and members cannot be removed except by impeachment. The chairman and members are given fairly long term of office of seven years. The chairman and members may not be reappointed or appointed in an acting capacity. The salaries of the chairman and members are relatively high and may not be decreased during continuance in office. The COMELEC enjoy fiscal autonomy. The COMELEC may promulgate its own procedural rules, provided they do not diminish, increase or modify substantive rights (though subject to disapproval by the Supreme Court) The Chairman and Members are subject to certain disqualifications calculated to strengthen their integrity. The COMELEC may appoint their own officials and employees in accordance with Civil Service Laws. En Banc & Division Cases SEC 3, ART IX-C “The COMELEC may sit en banc or in two divisions, and shall promulgate its rules of procedure in order to expedite disposition of election cases, including pre-proclamation controversies. All such election cases shall be heard and decided in division, provided that motions for reconsideration of decision shall be decided by COMELEC en banc” The Supreme Court set aside the resolutions/decisions of the COMELEC because dthe COMELEC en banc tokk original cognizance of the cases without referring them first to the appropriate Division (Sarmiento vs. COMELEC 212 SCRA 307; Zarate vs COMELEC, 318 SCRA 608) Interlocutory orders issued by a division of the COMELEC cannot be elevated to the COMELEC en banc. (Kho vs. COMELEC, 279 SCRA 463) The following cases must be decided in Division before they may be heard en bnc on motion for reconsideration: Unless otherwise provided by the Commission or by law. or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within 30 days from receipt of a copy thereof. Section 5.270 SCRA 583.270 SCRA 590) The COMELEC en banc determines the existence of probable cause.Section 7 of the Constitution. notwithstanding that the same is a pre-proclamation comtroversy. brief. any decision.• Petition to cancel a certificate of candidacy. 156 SCRA 587) . order.339 SCRA 685) The COMELEC en banc. Rule 27 of the 1993 Rules of the COMELEC expressly provides that pre-proclamation controversies involving correction of manifest errors in the tabulation of results may be filed directly with the COMELELEC cen banc. A case being heard by it shaa be decided with the unanimous concurrence ofc all three Commissioners and its decision shall be considered a decision of the commission. (Cua vs.318 SCRA 608) • Petition for certiorari involving incidental issues of election protest. the case may be appealed to the Commission en banc. Section 7 “Each commission(COMELEC) shall decide by a majority vote of all its Members any case or matter brought before it within sixty days from date of its submission for decision or resolution. (Garvida vs. COMELEC. If this required number is not obtained. The court holds that 2-1 decision rendered by the First Division was a valid decision under ART IX-A . Sales.(Soller vs. COMELEC. may directly assume jurisdiction over petitions for correction of manifest errors in the tabulation or tallying of results (Ststement of votes) by the Board of Canvassers. or memorandum required by the rules of the Commission or by the Commission itself. in which case the vote of the majority shall be the decision of the Commisssion. COMELEC. COMELEC. Furthermore. COMELEC. Two members shall constitute a quorum for the transaction of the official business of the Division. Ramirez vs. as when there is a dissenting opinion.” The COMELEC shall decide by a majority vote of all its members in any case or matter brought before it within 60 days from date of its submission for decision or resolution. however. COMELEC. A case or matter is deemed submitted for decision or resolution upon the filing of the last pleading. (Torres vs.(Faelnar vs. the three members who voted to affirm the First Division constituted a majority of the five members who deliberated and voted thereon en banc and their decision is also valid under the aforecited constitutional provisions.331 SCRA 429) DECISIONS ART IX-A. 271 SCRA 764) • Cases appealed from the RTC or MTC (Zarate vs. (Gallardo vs.184 SCRA 484) The COMELEC is the proper appellate court clothed with jurisdiction to hear the appeal.much more could he be the ponente of the resolution or decision.216 SCRA 522) CONSTITUTIONAL POWERS AND FUNCTIONS • Enforce and administer laws relative to conduct of elections The regular courts have no jurisdiction to entertain a petition to enjoin the construction of public works projects within 45 days before an election.218 SCRA 253) • Decide election contests involving regional. It is the proclamation which marks off the jurisdiction of the courts from the jurisdiction of .is settled whether or not the contestant is claiming the office in dispute. COMELEC. Any contest relating to the election of the SK (including the chairman whether pertaining to their eligibility or the manner of their election is cognizable by MTCs. COMELEC.315 SCRA 62) The election of SK are goverened by the Omnibus Election Code. contest involving elective barangay officials decided by trial courts of limited jurisdiction.increase or modify substantive rights. shall not diminish.144 SCRA 194) The COMELEC has exclusive appellate jurisdiction over. The Rules of Court applies suppletorily to proceedings before the COMELEC.(Ambil vs. Tabamo. and MeTCs. however. (Paangarungan vs. Its purpose is to ascertain the candidate lawfully elected to office. provincial and city officials ELECTION CONTEST refers to the adversary proceedings before which matters involving the title or claim to an elective office made before or after proclamation of the winner. Such rules.One who is no longer a member of the COMELEC at the time the final decision or resolution is promulgated cannot validly take part in that resolution or decision.(Javier vs. (Flores vs.MTCCs.327 SCRA 100) The provision of RA 6679 granting appellate jurisdiction to the RTC over decisions of MTCs in electoral cases involving elective barangay officials is unconstitutional. COMELEC. COOMELEC. which must first be filed wiyhin 5 days after the promulgation of the MTCs decision(Antonio vs.it is a summary proceeding of a political character.inter alia. 344 SCRA 358) RULES OF PROCEDURE The COMELEC en banc may promulgate its own rules concerning pleadinga and practice before it or before any of its offices. abolla. It is neither a civilk action nor crimianal proceeding. COMELEC.(Beso vs. COMELEC.237 SCRA 353) • Regulation of public entities and mediaSection 4. Angeles. or concessions granted by the Government or any subdivision. COMELEC. Such questions shall be decided by the courts. (Ahman vs.election officials. . Ferrer. idt can investigate an administrative charge against such an officer to determine whether or not it should recommend that disciplinary action can be taken against him (Tan vs. time. being merely administrative(not quasi judicial) in character. Such supervision or regulation shall aim to ensure equal opportunity. (Carlos vs. all grants special privileges.(Filipinas Engineering vs. agency or instrumentality thereof. 84 Phil 49) Election contests involving elections of SK officials do not fall within section 252 of the OEC and paragraph 2. the right of a person to be registered as voter. the right to cast his vote. IX-C “The Commission may.346 SCRA 671) • Decide all questions affecting elections The COMELEC has no jurisdiction over questions involving the right to vote which includes qualifications and disqualifications of voters. and other allied questions. Mirasol.section ART.IX-C of the Constitution and no law in effect prioir tom the ratification of the constitution has made the SK Chairman an elective barangay official. (Marquez vs. COMELEC.135 SCRA 25) • Deputize law enforcement agencies with the concurrence of the President • Register political parties and accredit its citizens arms • File petitions. may be questioned in an ordinary civil action before the trial courts. supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities. SK elections are under the direct control and supervision of the DILG. including any government-owned or controlled corporation or its subsidiary. during the election period. investigate and prosecute • Recommend measures to improve election laws • Recommend the imposition of disciplinary action upon an employee it has deputized for violation of its order. Since the COMELEC can recommend that disciplinary action be taken against an officer it had deputized.( Naciionalista Party vs.276 SCRA 501) Decisions/determinations made by the COMELEC in the exercise of this power. media of communication or information. 313 SCRA 103) The COMELEC has appellate jurisdiction over election protest cases involving elective municipal officials decided by courts of general jurisdiction. RA 6646. (Montejo vs. The COMELEC concern with the possible non communicative effect of exit polls-disorder and confusion in the voting centers.(ABS-CBN Broadcasting corporation vs. peaceful and credible elections and only during the election period. immediately after they have officially cast their ballot. The holding of exit polls and the dissemination of their results through mass media constitute an essential part of freedom of speech and of the press.expression.(Telecommunication and Broadcast Attorneys of the Philippines vs.2001) • Make minor adjustments of the apportionment of legislative districts.does not justify a total ban on them. peaceful. It imposes prior restraint on the freedom of expression. for public information campaigns and forums among candidates in connection with the objective of holding free.4 of the Fair Election Act prohibiting publication of survey results 15 days immediately preceding a national election and 7 days before a local election violates the constitutional rights of speech.323 SCRA 811) An absolute prohibition would be unreasonably restrictive. The reason behind the principle of ballot secrecy is to avoid vote buying through voter identification (ABS-CBN Broadcasting Corporation vs.289 SCRA 33) An exit poll is a species of electoral survey conducted by qualified individuals or groups of individuals for the purpose of determining the probable result of an election by confidentially asking randomly selected voters whom they have voted for. COMELEC) The SC held that SEC 5.and space and the right to reply. orderly. honest. Comelec. The SC upheld the validity of Section 11(b). COMELEC. COMELEC. (Social Weather Station vs. and credible elections.and the press because: a. b.but also for long term research. orderly.242 SCRA 415) . GR No. It is a direct and total suppression of the category of expression even though such suppression is only for a limited period. 147571. including reasonable equal rates therefor. COMELEC. prohibiting the sale odr donation of print space or airtime for political advertisements. and c. Note that GOCCs are among those that may be supervised and regulated by the COMELEC. The authority given to the COMELEC is to be exercised ofr the purpose of ensuring free.because it effectively prevents the use of exit poll data not only for election-day projections. This refers mainly to the power to correct an error because of the omission of a municipality or an error in the name of a municipality and does not include the power to make a reappointment of legislative districts. honest. and the authority of the COMELEC to procure print space (upon payment of just compensation) and free airtime for allocation to candidates. May 5. The governmental interest sought to be promoted can be achieved by means other than the suppression of freedom of expression. • Adjust the apportionment in a case of creation of new provinces or cities. Enforce and execute its decisions and orders 6. 6 SCRA 270) 7. 9. STATUTORY POWERS 1. prohibition and mandamus in aid of its exclusive appellate jurisdiction. Angeles. COMELEC. COMELEC. 3. (Carlos vs. Exercise direct and immediate supervision and control over officials required to perform duties relative to the conduct of election. 104 PHIL 269 and Masangcay vs. Issue writs of certiorari. Power to declare failure of election and call for special election. The COMELEC has the power to cite for contempt. but this power may be exercised only while the COMELEC is engaged in the performance of quasi-judicial functions and not administrative functions. Prescribe forms to be used in the election . 346 SCRA 571) 4. 2. Both the SC and the COMELEC have concurrent jurisdiction to issue writs of certiorari. Exclusive original jurisdiction over all pre-proclamation controversies. Summons parties to a controversy pending before it 5.supra) • Pardon violators of election laws. • Submit report on how a previous elections was conducted. (Montejo. • Promulgate rules of procedure concerning pleadings and practice before it or any of its offices. prohibition. Promulgate rules and regulations implementing the Election Code 8. The COMELEC is merely authorized to adjust the number of congressmen apportioned to an old province if a new province is created out of it and does not authorize the COMELEC to transfer municipalities from one legislative district to another.(Guevarra vs. prohibition The COMELEC has the authority to issue extraordinary writs of certiorari. Punish contempts provided for in the Rules of Courts. and mandamus over decisions of trial courts of general jurisdiction in election cases involving elective municipal officials. The court takes jurisdiction first shall exercise exclusive jurisdiction over the case. as a result of its choice among various proposals submitted in response to its invitation to bid. Makalintal. JUDICIAL REVIEW OF DECISIONS Any decision. COMELEC. 1997 Rules of Civil Procedure. is not reviewable by certiorari as it is not order rendered in the legal controversy before it but merely as incident to its inherent administration functions over the conduct of elections. order or ruling en banc may be elevated to the SC is the civil action of certiorari under Rule 65 of the 1964 Revised Rules of Court.10.88 SCRA 251) The mode by which a decision. order or ruling of the COMELEC en banc may be brought to the SC on certiorari by the aggrieved party within 30m days from receipt of the copy thereof. the court exercises extraordinary jurisdiction. COMELEC.336 SCRA 458) What is contemplated by the term “final orders. COMELEC. Prescribe the use or adoption of the latest technological and electronic devices 12.344 SCRA358) A special civil action for certiorari is the proper remedy to question any final order. is not issued pursuant to the COMELEC’s quasi-judicial functions but merely as an incident of its inherent administrative functions over the conduct of plebiscites. Procure any supplies. COMELEC. Fix other reasonable periods for certain pre-election requirements.supra) The alleged nature or the COMELEC to implement its resolution ordering the deletion of a candidate’s name in the list of qualified candidates does not call for the exercise of the SC’s function of judicial review as it is undoubtedly administrative in nature. as amended. rulings and decisions” of the COMELEC reviewable by certiorari by the Suprerme Court as provided by law are those rendered in actions or proceedings before the COMELEC and taken cognizance of by the said body in the exercise of its adjudicatory (or quasi-judicial) powers. 344 SCRA 358) . (Aratuc vs.(Salva . COMELEC. ruling and decision of the COMELEC rendered in the exercise of its adjudicatory or quasi-judicial powers. 14. beyond judicial interference. When the Supreme Court reviews a decision of the COMELEC. Any question arising from said order may be taken in an ordinary civil action. and any question pertaining to the validity of said resolution may be well taken in an ordinary civil action before the trial courts. now expressly provided in Rule 64. 340 SRA 506) COMELEC Resolution No. equjipment. (Salva vs. materials or services needed for the holding of election 11. 211 SCRA 315) A resolution of the COMELEC awarding a contract for the supply of voting booths to a private party.(Chavez vs. (Filipinas Engineering vs. 2987 which provides for the rules and regulations governing the conduct of plebiscite. (Ambil vs.(Guerero vs. thus the proceeding is limited to issues involving grave abuse of discretion resulting in lack or excess of jurisdiction and does not ordinarily empower the court to review the factual findings of the COMELEC. Carry out continuing and systematic campaign to educate the public about elections 13. Enlist non-partisan groups to assist. (Romualdez vs. Residence. 358) VOTERS: QUALIFICATION AND REGISTRATION Qualification for Suffrage Filipino citizenship. 9. and (3) an intention to abandon the old domicile. Any person sentenced by the final judgment to suffer imprisonment for not less than one . No literacy. on the day of election shall possess such qualification. work in the military or naval reservations within the Philippines. order or resolution of a division of the COMELEC must be reviewed by the COMELEC en banc decision may be brought to the supreme Court on certiorari.at least 1 year in the Philippines. Any person who temporarily resides in another city municipality or country solely by reason of occupation. on the days of registration may not have been reached the required period of residence but who. property or other substantive requirement shall be imposed on the exercise of suffrage. In order to acquire a new domicile by choice.it may be by birth or naturalization.226 SCRA 406) Disqualifications 1. educational activities. COMELEC. Any person who. service in the AFP. the Supreme Court treats domicile and residence and residence as synonymous terms. (Sec. Age. PNP or confinement or detention in government institutions. The residence at the place chosen for the new domicile must be actual.The Supreme Court has no power to review via certiorari.a person may be registered as a voter although he is less than 18 years at the time of registration if he will be at least 18 on the day of election. COMEL. an interlocutory order or even a final resolution of a Division of the COMELEC. shall not deemed to have lost his original residence. there must concur (1) residence or bodily presence in the new locality.(2) an intention to remain there. profession. may register as voter. employment in public or private service. (Ambil vs. RA 8189) In election cases. 244 SCRA 358) A decision. (Ambil vs. and at least 6 months where he proposes to vote immediately preceding the election. RTC. Any person adjudged by the final judgment of having committed (a) any crime involving disloyalty to the government or (b) any crime against national security (c) firearms laws.. as the enjoyment of all other rights subject to existing substantive and procedural requirement embodied in our Constitution. No registration shall. vs. RA 8189) The Supreme Court upheld the validity of the COMELEC resolution denying the petition of certain youth sectors to conduct a special registration: “Petitioners were not denied the opportunity to avail of the continuing registration under RA 8189. although afforded a prime niche in the hierarchy of right embodied in the fundamental law.. (Sec. March 26. 3. COMELEC GR No. be conducted during the period starting 120 days before a regular election and 90 days before a special election. however. 8. RA 8189) System of Continuing Registration The personal filing o application of registration of voters shall be conducted daily in the office of the Election Office during regular office hours. ought to be exercised within the proper bounds frames and framework of the Constitution and must properly yield to pertinent laws skillfully enacted by the Legislature…” “The right of suffrage ardently invoked by herein petitioners is not at all absolute…the exercise of suffrage. Insane or incompetent persons as declared by competent authority. 2.111.year. Jurisdiction . Removal of disqualification for conviction • Plenary pardon • Amnesty • Lapse of 5yaers after service of sentence (Sec.the law aids the vigilant and not those who slumber on their rights… “In a representative democracy the right of suffrage. 2001) Inclusion and Exclution Cases 1. 147066.” (AKBAYAN – Youth et al. statute books and other repositories of law. 34.i. RA 8189) c. Election Officer (Sec. RA 8189) iv. Representative of political party iii. VIII. Parties to be notified 5. Petition for exclusion shall be sworn (Sec. RA 8189) iii. 32(b). 2(6). 24. Art. IX – C. 35 RA 8189) 4. RA 8189] 8. RA 8189) b. Supreme Court – appellate jurisdiction over RTC on question of law (15 days) [Sec. Inclusion – Any day except 105 days before regular election or 75 days before a special election.] 2. (Sec. Any registered voter in city or municipality ii. 35. Each petition shall refer only to only one precinct. 39. Regional Trial Court – appellate jurisdiction (5 days) (Sec. Exclusion i. PC] 3. Inclusion Private person whose application was disapprove by the Election Registration Board or whose name was stricken out from the list of waters (Sec. COMELEC [Sec. Petitioners a. 2. ii Exclusion – 6. PC. Sec. Election Registration Board 7. RA 8189) b. Art. Art. Procedure a. PC] b. Rule 45 of the Rules of Court. Manner Notice stating the place day and hour of hearing shall be served through any of the following means: • Registered mail . 2(6). 5(2)(e). (Sec. (Sec. Period for Filing a. 33. RA 8189) COMELEC [Sec. Exclusion – Any time except 100 days before a regular election or 65 days before special election. 35 . Notice i. Challenged voters [Sec. IX-C. Inclusion – Election Registration Board i. Municipal or Metropolitan Trial Court – original and exclusive Jurisdiction\ ii. A polling place refers to the building or place where the board of election inspectors conduct proceedings and where the voters cast their votes. 33. RA 8189) Annulment of List of Voters 1. RA 8189) The annulment of the list of voters shall not constitute a ground for a pre-proclamation controversy. (Ututalum vs. (Sarangani vs. candidate or political party affected may intervene. Upon verified complaint of any voter. 181 SCRA 335) When an assailed order had been issued pursuant to COMELEC’s administrative powers in the absence of any finding of grave abuse of discretion in declaring a precinct as non – existent. • Posting in city hall or municipal hall and two other conspicuous places in the city or municipality at least 10 days before the hearing (Sec. 334 SCRA 379) Election precinct is the basic unit of territory established by the COMELEC for the purpose of voting. (Sec.• Personal delivery • Leaving copy in possession of sufficient discretion in residence. bribery. RA 8189) Any voter. COMELEC. 33. forgery. 2. force or other similar irregularity or statistically improbable. (Sec. 32 (f). 32c. RA 8189) No motion for reconsideration is allowed. judicial interference being unnecessary and uncalled for… The sacred right of suffrage guaranteed by the Constitution is not tampered when a list of fictitious voters is excluded from an electoral exercise. Book of voters refers to the compilation of all registration records in a precinct. election officer or registered political party or motu propio. 32 (f). RA 8189) Decision cannot be rendered on stipulation of facts (Sec. COMELEC. the COMELEC may annul a list of votes which was not prepared in accordance with RA 8189 or whose preparation was affected with fraud. . Voting center refers to the building or place where the polling place is located. List of voters refers to an enumeration of names of registered voters in a precinct duly certified by the Election Registration Board for use in the election. No list of voters shall be annulled within 60 days before an election (See. RA 8189) Non-appearance is prima facie evidence the registered voter is fictitious (Sec. 32(b). impersonation. intimidation. said order shall stand. To acquire juridical personality. PC] The Party–List System. and to be entitled to the rights of political parties.) (Sec. It has ceased to exist for at least one year . regional and sectoral parties. or fails to obtain at least 2% of the votes cast under the party – list system in the two preceding elections for the constituency in which it was registered. in the presence of the voter. A political party may refer to a local regional or national party existing and duly registered and accredited by the COMELEC. Party System. political ideas or platforms of government and includes its branches or divisions. 3. Fails to participate in the last two preceding elections. POLITICAL PARTIES AND PARTY – LIST SYSTEM Political party or party when used in the OEC means an organized group of persons pursuing the same ideology. PC) 2. It violates or fails to comply with laws. It declares untruthful statements in its petition 7. affix his signature at the back thereof.Signature of Chairman at back of every ballot In every case before delivering an official ballot to the voter. Those which refuse to adhere to the Constitution 4. Art IX – C.2(5). It advocates violence or unlawful means to seek its goal 4. qualify for accreditation. [Sec 2(5) Art. IX – C. The following political parties cannot be registered. 1. Failure to so authenticate shall be noted in the minutes of the BEI and shall constitute an election offense punishable under Sections 263 and 264 of the OEC. A free and open party system shall be allowed to evolve according to the free choice of the people. . Accepting financial contributions from foreign governments or their agencies (for partisan election purposes. and 8. the Chairman of the BEI shall. organization or association organized for religious purposes. Those that are supported by any foreign government GROUNDS FOR CANCELLATION OF REGISTRATION 1. rules and regulations relating to elections 6. It is a religious sect or denomination. • A party which fails to obtain at least 10% of the votes cast in the constituency in which it nominated candidates in the election next following its registration shall forfeit its registration. from national. Religious sects 2. is a mechanism of proportional representation in the election of representatives to the House of Representatives. a political party must be registered with the COMELEC. It is a foreign party or organization 5. Those which seeks to achieve their goals through unlawful means 3. IV. Sec. While even major political parties are expressly allowed by RA 7941 and the Constitution. et al vs. handicapped. even the major ones. except for purposes of May 11. 147589. regional and sectoral parties or organizations. provide respondents cannot be disqualified from the party list elections. RA 7941. That religious sector may not be represented in the party – list system. elderly. The party organized must not be adjunct of. (Ang Bagong Bayani – OFW Labor Party. Proportional representation refers to the representation of the marginalized and underrepresented as exemplified by the enumeration in Sec/ 5 of the law. . as laid down in the Constitution and RA 7941 . 2001) 2. 5 of RA 7941. 7 and 8. majority of its membership should belong to the marginalized and underrepresented. et al vs. June 26. A party or an organization must not be disqualified under Sec. may participate in the party – list elections. Furthermore. VI of the Constitution provides that members of the House of Representatives may be elected through a party – list system of registered national. Political parties. GR No. merely on the ground that they are political parties. The requisite character of these organizations must be consistent with the purpose of the party – list system. namely. under Secs. The party – list organization or party must factually and truly represent the marginalized and underrepresented constituencies mentioned in Sec. COMELEC et al GR No. indigenous cultural communities. veterans. 4. 2001) 3.(Ang Bagong Bayani – OFW Labor Party. women youth. The Party–list system was devised to replace the reserve seat system – the very essence of the party – list system is representation by election.organizations and coalitions thereof registered with the COMELEC. they must show that they represent the interest of the marginalized and underrepresented. political parties may be registered under the party – list system. 147589. sector. overseas workers and professionals. fisherfolk. . 1998 elections. 6. et al. COMELEC. 5. June 26. “Thus. (Veterans Federation Party vs. COMELEC. 342 SCRA 244) GUIDELINES FOR SCREENING PARTY LIST PARTICIPANTS 1. except that priest. organization must represent the marginalized and underrepresented groups identified in Sec. or a project organized or an entity funded or . 5 . labor peasant. urban poor. The political party. imam or pastors may be elected should they represent not heir religious sect but the indigenous community sector. Under the Constitution and RA 7941. they must comply with the declared statutory policy of “Filipino citizens belonging to marginalized and underrepresented sectors to be elected to the House of Representatives. 5 Art. Art IX – C of the Constitution. a formulation which means that any increase in the number of district representatives. a bonafide member of the party or organization which he seeks to represent for at least 90 days preceding the day of the election. the nominee must likewise be able to contribute to the formation and enactment of appropriate legislation that will benefit the nation as a whole. a registered voter. . at least be 25 but not more than 30 years of age on the day of the election. . an as may be provided by law. RA 7941 as follows: No person shall be nominated as party list representative unless he is: a. d. Not only the candidate party or organization must represent marginalized and underrepresented sectors. . . Any youth sectoral representative who attains the age of 30 during his term shall be allowed to continue in office until the expiration of his term. a resident of the Philippines for a period not of no less than one year immediately preceding the day of the election. In case of a nominee of the youth sector. and f. • The Constitution makes the number of district representatives the determinant in arriving at the number of seats allocated for party list lawmakers. 6. natural – born – citizen of the Philippines b. (2) the two percent threshold. Art.assisted by. Obtaining absolute proportional representation is restricted by the three-seat-per-party limit to a maximum of two additional slots . . 9. able to read and write. and (4) proportional representation. • Under the Niemeyer formula. At least 25 years of age on the day of the election. will necessarily result in a corresponding increase in the number of party – list seats . the government. it merely provides a ceiling for party – list seats in Congress . VI of the Constitution is not mandatory. so also must its nominees. c.. the number of additional seats to which a qualified party would be entitled is determined by multiplying the remaining number of seats to be allocated by the total number of votes obtained by that party and dividing the product by the total number of votes garnered by all the qualified parties. e. While lacking a well – defined political constituency. . (3) the three seat limit. 7. • Sections 5 (2). 8. including its nominees must comply with the qualification requirements of Sec. The parameters of the Filipino Party – List System are: (1) the twenty percent allocation. The party. Domicile of origin is lost only when there is actual removal or change of domicile. COMELEC.39. a bonafide intention of abandoning the former residence and establishing a new one. the Supreme Court held that Agapito Aquino failed to prove that he had established not just residence but domicile of choice in Makati. Tacloban became IRMs domicile of origin by operation of law when her father brought the family to Leyte. 248 SCRA 400. COMELEC. et al vs. Senators 3. Congressmen – District and Party–List Representatives B. his title to the office may be seasonably challenged. finds no application in the Philippine setting because of our three seat limit and the non – mandatory character of the twenty percent allocation. National – Arts. GR No. the Supreme Court upheld the qualification of IRMarcos despite her own declarations in her certificate of candidacy that she had resided in the district for only seven months because of the following: 1. A minor follows the domicile of his parents. Local Government Code Qualifications prescribed by law are continuing requirements and must be possessed for the duration of the officer’s active tenure. 248 SCRA 300. as her domicile of choice.147589. while no doubt suitable for Germany. et al. 174 SCRA 245 and Labor vs. she kept her domicile or origin and merely gained a new home. 4. COMELEC. PC 1. VI and VII. (Frivaldo vs. these domicile of origin should continue. CANDIDATES AND CERTIFICATES OF CANDIDACY QUALIFICATIONS OF CANDIDATES A. President and Vice President 2. 2. 176 SCRA 1) Residence In Marcos vs. 3.The Niemeyer formula. In his certificate of candidacy. COMELEC. not a domicilium necessarium. Once any of the required qualifications is lost. and acts which correspond with the purpose. her acts following her return to the country clearly indicate that she chose Tacloban. June 26. The wife does not automatically gain the husband’s domicile because the term “residence” in Civil Law does not mean the same thing in Political Law. • In Aquino vs. when IRM married Marcos in 1954. he indicated that he was a resident of San Jose Concepcion. Local – Sec. 2001) V. (Ang Bagong Bayani –OFW Labor Party. her domicile of origin. Tarlac for . Even assuming that she gained a new domicile after her marriage and acquired the right to choose a new one only after her husband died. COMELEC. in the absence of clear and positive proof of the concurrence of all these. where he. with the constituents themselves. consistent with Webster. politics. The registration of a voter in a place other than his residence of origin is not sufficient to consider him to have abandoned or lost his residence. . and his bare assertion of transfer of domicile from tarlac to Makati is hardly supported by the facts of the case. to mean actual.e. . . his domicile of origin was Conception. (Perez vs. COMELEC 337 SCRA 574) Philippine citizenship . (Domino vs. . Tarlac. physical and personal presence in the district that a candidate seeks to represent • The original concept of domicile. (Torayna vs.. The residence requirement is rooted in the desire that officials of districts or localities are acquainted not only with the metes and bounds of their constituencies but. for that matter. .52 years. eventually intends to return and remain. and a very legalistic. which arose from American jurisprudence was not intended to govern political rights. he was a registered voter of the same district. COMELEC. . practical and common sense national for the residence requirement. for the purpose of determining which law was applicable as regards his estate . . his birth of certificate places Conception. it was designed to resolve the conflict of laws between or among state where a decedent may have lived for various reasons. . i. Tarlac as birthplace. academic and technical approach to the resident requirement does not satisfy this simple. COMELEC 310 SCRA 546) The place where the party actually or constructively has his permanent home. does not completely isolate its residents. is that to which the Constitution refers when it speaks of residence for the purposes of election law . Thus. especially when the city is located at the very heart of the province itself . . • When the Constitution speaks of residence the word should be understood. more important. commerce and other businesses from the entire province. Applying the concept of domicile in determining residence as a qualification for an elective office would negate the objective behind the residence requirement set forth under the law . and vice versa. 317 SCRA 641) The rationale of requiring candidates to have a minimum period of residence in the area in which they seek to be elected is 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 . no matter where he may found at any given time. his domicile. The classification of an area as a highly urbanized or independent component city. 68. 12. Removal. 1 of RA 2630. or accepting commission in.The lost citizenship may be reacquired under Sec. Conviction. if he was originally a natural-born citizen before he lost his Philippine citizenship. Those removed from office as a result of an administrative case. A permanent resident to or immigrant to foreign country Unless he waives such status (Sec. BP 881) D. 142840. May 7. B. (Bengson. 2001) Repatriation results in the recovery of the original nationality. Insurrection or rebellion 2. et al. 12. BP 881) C. Offense for which he was sentenced to penalty of More than 18 months 3. This means that a naturalized Filipino who lost his citizenship will be restored to his prior status as a naturalized Filipino citizen. (Bengson III vs. 1992 is not disqualified . Crime involving morale turpitude (Sec. amnesty. supra) Disqualifications Grounds Under the Omnibus Election Code A. An elective local official who was removed from office prior to January 1. he will be restored to his former status as a natural –born Filipino. BP 881) Grounds under the Local Government Code – Sec. or after separation from the Armed Forces of the United States. acquired United States citizenship by taking an oath to the Republic of the Philippines and registering the same with Local Civil Registry in the place where he resides or last reside in the Philippines. Any person sentenced by final judgment for any of the Following offenses: 1. Insanity or incompetence – declaration of removal by competent authority E. HRET. which provides that any person who had lost his Philippine citizenship by rendering service to. 40 A. The said oath of allegiance shall contain a renunciation of any other citizenship. On the other hand. the Armed Forces of the United States. unless granted plenary pardon. Any person declared by competent authority insane or Incompetent B. GR No. or Lapse of 5 years after service of sentence (Sec. Those sentenced by final judgment for an offense involving moral turpitude or an offense punishable by imprisonment for at least one year. within two years after service of sentence. COMELEC. D. Manzano. . GR No. 1998) Conditions for the application of the disqualification: (1) the official concerned has been elected for three consecutive terms in the same local government post and (2) that he has fully served three consecutive terms . Voluntary renunciation of a term of office does not cancel the renounced term in the computation of the three term limit. September 3. conversely involuntary severance from the office for any length of time short of the full term provided by law amounts to an interruption of continuity of service. 307 SCRA 630) E. 191 SCRA 229) H. 274 SCRA 481) C. they elect Philippine citizenship to terminate their status as persons with dual citizenship considering that their condition is the unavoidable consequence of conflicting laws of different states. 40 (d) and RA 7854. Fugitives from justice in criminal or non – political cases. 243 SCRA 538) G. COMELEC. COMELEC. persons with mere dual citizenship do not fall under this disqualification. flee to avoid prosecution. 133495. Consequently.from running for elective local office (Grego vs. but likewise who. (Lonzanida vs. For candidates with dual citizenship. upon the filing of their certificates of candidacy. 20 must be understood as referring to “dual allegiance. 311 SACRA 602) 1. after being changed. (Caasi vs. Those with dual citizenship--The phrase “dual citizenship” in RA 7160. (Mercado vs. he must also have been elected to the same position for the same number of times before the disqualification can apply: (Borja vs. COMELEC. it should suffice if. CA. The term includes not only those who flee after conviction to avoid punishment. Sec. . Permanent residents in foreign country or those who have the right to reside abroad and continue to avail of it. The insane or feeble – minded. Sec.” Consequently. Those convicted by final judgment for violating his oath of allegiance to the Republic. . F. Three consecutive terms limit 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. A proclamation subsequently declared void is no proclamation at all and while a proclaimed candidate may assume office on the strength of the proclamation of the Board of Canvassers he is only a presumptive winner who assumes office subject to the final outcome of the election protest . it is not enough that an individual has served three consecutive in an elective local office. Under the Revised Administrative Code – Municipal Office . (Marquez vs. RA 7166) A certificate filed beyond the deadline is not valid. injury. 2001) Forms Oath The certificate must be sworn. COMELEC. punishment. damage. BP 881) . (Gador vs. 73. bribes. Certificates of Candidacy No person shall be eligible for any elective public unless he files a sworn certificate of candidacy within the period fixed by the Omnibus Election Code. 56 SCRA 413) • Persons receiving compensation from provincial or municipal funds • Contractors for public works of the municipality 2. torture.• Ecclesiastics (Pamil vs. (Go vs. 7. 147741. Under the Lone candidate Law – RA 8295 Any elective official who has resigned from his office by accepting an appointive office to become vacant due to his resignation. 95 SCRA 431) Prohibition against multiple candidacies A person who files a certificate of candidacy for more than one office should be eligible for any of them. Teleron. declaring under oath the office for which he desires to be eligible and cancel the certificate of candidacy for other office or offices. (Sec 73. BP 881) Before the deadline for filing certificates he may withdraw all expect one. threatens. (Sec. May 10. Deadline Certificate of candidacy must be filed not later than the day before the date for the beginning of the campaign period. GR No. harasses. loss or disadvantages to any person or persons aspiring to become a candidate or that of the immediate member of his family. his honor or property that is meant to eliminate all other potential candidates. and Any person who. COMELEC. (Sec. directly or indirectly coerces. intimidates or actually causes. inflicts or produces any violence. 48 Phil 211) Name A candidate shall use his baptismal name or full name. each shall state his paternal and maternal surnames. except the incumbent (See. Provincial. and votes might be cast even for unknown or fictitious persons. No certificate of candidacy shall be filed or accepted by mail.The election of a candidate cannot be annulled because of formal defects in his certificate. The evident purpose of the law in requiring the filing of certificate of candidacy and in fixing the time limit therefore are. there might be as many persons voted for as there are voters. Board of Canvassers. telegram or facsimile. When two or more candidates for the same office have the same name or surname. the name registered with the civil registrar or any other name allowed by law. BP 881) Place and Period of Filling For President. (Miranda vs. the candidates among whom they are to make the choice. 71. not later than 90 days before date of election. The certificates of candidacy of Members of the House of Representatives. city or municipal officials shall be filed in 5 copies not later than 45 days before the election. as mark to identify the votes in favor of a candidate for another office in the same election. and (2) to avoid confusion and inconvenience in the tabulation of the votes to the duly registered candidates. 311 SCRA 617) . Vice President and Senators: main office of the COMELEC in Manila. at least sixty days before the regular election. Abaya. 5 copies. For Members of the House of Representatives: Provincial legislative districts – Provincial Election Supervisor of the Province concerned NCR legislative districts – Regional COMELEC Directors Legislative districts in cities outside NCR – City Election registrar concerned For provincial offices – Provincial Election Supervisor of the province concerned. City and Municipal offices – City or Municipal Election Registrar concerned. (1) to enable the voters to know. He may include one nickname or stage name by which he is generally known. such as held of oath (Guzman vs. The certificate of candidacy shall be filed by the candidate personally or his duly authorized representative. (Sec. and the said party had withdrawn the nomination which withdrawal was confirmed by the candidate under oath. (sec. a rejection of the party nomination on his behalf for the office of board member. before the deadline for filing certificates of candidacy. personally appeared in the COMELEC office. 3636. the rule is that the COMELEC shall have only the ministerial duty to receive and acknowledge receipt of the certificates of candidacy. he may be substituted by a person belonging to his party not later than the mid – day of election. 222 SCRA 831) Any elective official. Sec. 1992) Even if the withdrawal was not under oath. June 2. City Board of Canvassers. 77 BP 881. 137. SCRA 671). Rono. 73. Said certificate may be filled with any board of election inspectors in the political subdivision where he is an electorate of the country. (Domingo vs. There was no withdrawal of candidacy for the position of mayor where the candidate. a candidate dies. (Vivero vs. His filing under oath within the statutory period of his individual certificate for candidacy for the separate office of mayor was. (Sec. RA 9006 If after the last day for filing certificates.This includes an employs of a GOCC organized under the Corporation Code (Without original charter). COMELEC. asked for his certificate of candidacy and intercalated the word “vice” before the word mayor and the following day wrote the election registrar saying that his name be included in the list of official candidates for mayor. Rules and Regulations Implementing RA 9006) Withdrawal of Certificate of Candidacy Form – written declaration under oath. 26.Sanciangco vs. 12. the certificate of the substitute cannot be annulled after the election. GR No.Duty of COMELEC Subject to its authority over nuisance candidates and its power to deny due course or cancel a certificate of candidacy. Jan 12. 1992) Substitution of Candidacy – Sec. whether national or local who has filed a certificate of candidacy for the same or any other office shall not be considered resigned from office. L-81150. BP 881. (PNOC – EDC vs. COMELEC. NLRC. Jan 12. 105365. 1989) Since his certificate of candidacy for the office of board member was filed by his party. withdraws or is disqualified. L – 81059. 66. 78. there was substantial compliance with Sec. (Ramirez vs. Such technicality of the original candidate’s withdrawal of his certificate of . COMELEC Resolution No. since the law makes no distinction. in effect. with the COMELEC. BP 881) Effect Filing An appointive public official is considered resigned upon filing of his certificate. the votes cast for the substituted candidates shall be considered as many votes but shall not invalidate the whole ballot. 315 SCRA 266) A valid certificate of candidacy is likewise an indispensable requisite in the case of a substitution of a disqualified candidate under the provisions of Sec. RA 9006) There is nothing in the Constitution or statute which requires as condition precedent that a substitute candidate must have been a member of the party concerned for a certain period of time before he can be nominated as such. he is and was not a candidate at all.. the official ballots shall provide spaces where the voters may write the name of substitute candidates if they are voting for the latter. 311 SCRA 617) In case of valid substitutions after the official ballots have been printed. he cannot be substituted under Sec. RA 9006. 140 SCRA 352) In case of valid substitutions after the official ballot have been printed. For this purpose. (Sinaca vs. COMELEC. 68 Giving money or other material consideration to influence voters or public officials performing electoral functions . 77 of the Code . 78 of the Election Code enumerated the occasion where a candidate may validly substitute there is no mention of the case where a candidate is excluded not only by disqualification but also by denial and cancellation of his certificate of candidacy (Miranda vs. Hence the bona fide certificate of the substitute candidate cannot be assailed. Abaya. The votes in his favor should be counted.. . . (See. Grounds Violation of Omnibus Election Code – Sec.candidacy cannot be used to override the people’s will in favor to the substitute candidate. if the disqualified candidate did not have a valid and seasonably filed certificate of candidacy. . the votes cast for the substituted candidates shall be considered as stray votes but shall not invalidate the whole ballot. Sec. (Villanueva vs. . The legal requirement that the withdrawal be under oath will be held to be merely directory and the candidate’s failure to observe the requirement is considered a harmless error. . for how can a person take the place of somebody who does not exist or who never was. Mula. The concept of a substitute presupposes the existence of the person to be substituted. 12. A disqualified candidate may only be substituted if he had a valid certificate of candidacy in the first place because. 12 of RA 8436) DISQUALIFICATION OF CANDIDATES 1. If a person was not a candidate. 77 of the Election Code . While Sec. 12. amending Sec. (Jurilla vs. (Torayno vs. (Sec. (Garvida vs. 275 SCRA 762) . v and cc.COMELEC. paragraphs d. a petition to disqualify the replacement filed on election day should be entertained. – Sec. receiving or making any prohibited contribution Violations of Secs.Committing acts of terrorism to enhance his candidacy Spending in his election campaign in excess of the amount allowed by the Code Soliciting. a petition for disqualification should be deemed filed upon the filing of the original petition. 248 SCRA 300. e. 69 A petition to disqualify a candidate for councilor for failure to indicate in his certificate of candidacy the precinct number and the barangay as a registered voter cannot be considered a petition to disqualify him for being a nuisance candidate. 83. 180 SCRA 509) The COMELEC may motu propio refuse to give due course or cancel a certificate of candidacy. 232 SCRA 758) Falsity of material representation in certificate of candidacy. 248 SCRA 400) 2. 86 and 261. RA 6646) Under the election laws and the COMELEC Rules of Procedure. BP 881) The proceeding shall be summary. 69. as it was impossible to file the petition earlier. COMELEC. (Loong vs. COMELEC. (Nolasco vs. sub-paragraph 6. k. 337 SCRA 574) The fact that no docket fee was initially paid is not fatal. any voter may file a petition to disqualify a candidate on grounds provided by law. Aquino vs. Sales. 85.COMELEC. 78 The COMELEC has jurisdiction over a petition to disqualify a candidate for congressman for ineligibility before he has been proclaimed and has assumed office (Marcos vs. COMELEC. Procedure for disqualification of candidates The petition shall be filed by any registered candidate for the same Office within 5 days from the last day of filing of certificates of Candidacy. (Abella vs. 228 SCRA 76) A petition filed after the election is filed out of time. 80. since his certificate was not filed to make mockery of the election or to confuse the voters. 216 SCRA 769) Since the filing by facsimile transmission is not sanctioned and a facsimile copy is not an original pleading. 5a and 7. 271 SCRA 764) Where a qualified candidate was replaced on the day before the election. COMELEC. The Procedural defect as cured by the subsequent payment of the docket fee. COMELEC. (Sunga vs. Larrazabal. Nuisance candidate – Sec. (Secs. COMELEC. supra) The decision shall be final and executory after 5 days from receipt unless stayed by the Supreme Court [Secs. 5(e) and 7. their votes would be declared stray or invalid votes and that would not be true in the case of one filed after the . (Perez vs.The COMELEC can decide a disqualification case directly without referring it to its legal officers for investigation. 6. from serving. which required only a preponderance of evidence to prove disqualification. and the criminal. as in this case. RA 6646] EFFECTS OF DISQUALIFICATION CASE After final judgment -Any candidate who has been declared by final judgment to be disqualified shall not be voted for. RA 6646) The purpose of a disqualification proceeding is to prevent the candidate from running or. during the tendency thereof. The COMELEC should not dismiss the case simply because the respondent has been proclaimed. The fact that a candidate has been proclaimed and had assumed the position to which he was elected does not divest the COMELEC of authority and jurisdiction to continue the hearing and eventually decide the disqualification. . COMELEC. COMELEC. if elected. (Nolasco. . upon motion of the complainant or any intervenor. the complaint must be dismissed as a disqualification case but shall be referred to the Law Department for preliminary investigation. or to prosecute him for violation of election laws. 311 SCRA 617) Sec. (Sunga vs. 6 of RA 6616 authorizes the continuation of proceedings for disqualification even after the elections if the respondent has not been proclaimed. (Sec. order the suspension of the proclamation of such candidate whenever the evidence of guilt is strong. No. There is no provision in RA 6646 that treats of a situation where the complaint for disqualification is filed after the election. 317 SCRA 641) A disqualification case may have two aspects. 288 SCRA 76 and Lonzanida vs. inquiry or protest and. the administrative. Why there is a difference between a petition for disqualifications before and after the election proceeds from the fact that before the electorate and those who vote for the candidate assume the risk that should said candidate be disqualified after the election. Before final judgment – If for any reason a candidate is not declared by final judgment before an election to be disqualified and he is voted for and receives the winning number of votes in such election the Court or Commission shall continue with the trial and hearing of the action. 2050 provides that where a complaint is filed after the election but before proclamation. may. which necessitates proof beyond reasonable doubt to convict. . Second paragraph of paragraph 2 of Res. and the votes cast for him shall not be counted. CAMPAIGN. COMELEC. b. . etc. (Bautista vs. If done for the purpose of enhancing the chances of aspirants for nomination for candidacy to a public office by a political party. 79. COMELEC. directly or indirectly. c. . 211 SCRA 297). (Grego vs. intervention may be allowed in proceedings for disqualification even after election if there has yet no final judgment rendered. the lone candidate shall be proclaimed elected to the position by proper proclaiming body of the COMELEC that he is the only candidate for the office and is thereby deemed elected. 320 SCRA 817) The COMELEC can legally suspend the proclamation of the winning candidate although he received the winning number of votes. they should be counted in favor of the petitioner. VI. COMELEC. 307 SCRA 630) Where the votes cast for a nuisance candidate whose disqualification had not yet become final on election day were tallied separately. CONTRIBUTIONS AND EXPENDITURES Election campaign or partisan political activity refers to an act designed to promote the election or defeat of a particular candidate or candidates for public office. 298. BP 881) a. Since the suspension of the proclamation is merely permissive. Members of the Civil Service to engage.electorate has already voted . (Bagatsing vs. Mazano. (Sec. It shall be unlawful for any person or any party to engage in election campaign or partisan political activity except during the campaign period. 274 SCRA 481) Under the same provision. the proclamation of a candidate is valid. (Mercado vs. SCRA 480) THE LONE CANDIDATE LAW The Lone Candidate Law is RA 8295. in any electioneering or partisan political campaign. What is made mandatory is the continuation of the trial and hearing of the action. it shall not be considered as election campaign or partisan political activity.(Labo vs. Section 3 thereof also provides that the lone candidate so proclaimed shall assume office not earlier than the scheduled election day. Section 2 thereof provides the upon the expiration of the deadline for the filing of certificate of candidacy in a special election called to fill a vacancy in an elective position other than for President and Vice-President. enacted June 6. ELECTION PROPAGANDA. if the COMELEC did not suspend his proclamation. indicates that the suspension of the proclamation is merely directory and permissive in nature and operates to confer discretion. in the absence of any lawful ground to deny due course or cancel the certificate of candidacy in order to prevent such proclamation. when there is only one (1) qualified candidate for such position. inquiry or protest. COMELEC. . 1997. The use of the word “may”. Any published or printed political matter or broadcast of election propaganda by television or radio for or against a candidate or group of candidates to any public office shall bear and be reasonably legible or audible words “political advertisement paid for. cards.” followed by the true and correct name and address of the candidate or party for whose benefit the election propaganda was printed or aired. and authorized by the COMELEC. Nomination of candidates 1. Broadcast Media(i. Congressmen. allowed in announcing at the site on the occasion of a public meeting or rally. Handwritten/printed letters 4. not more than 2 feet by 3 feet 3 by 8 ft. Congressmen. may be displayed 5 days before the date of rally but shall be removed within 24 hours after said rally. President. stickers and written or printed materials not more than 8 ½ inches by 14 inches 3. 4. . 5.A. (Sec. decals. Paid print advertisements: ¼ page in broadsheets and ½ pages in tabloids thrice a week per newspaper. President.. Forms 2. paper or cardboard. TV and radio) National Positions: 120 minutes for TV. city and municipal officials – 45 days before election day. 180 minutes for radio / Local Positions: 60 minutes for TV. city or municipal officials – not earlier than 75 days before election day B. Vice-President and Senators – 90 days before election day 2. leaflets. magazine or other publication during the campaign period. 90 minutes for radio 7. Pamphlets. RA 9006) 6. Requirement 1. C. Other forms of election propaganda not prohibited by the Omnibus Election Code and RA 9006. Lawful propaganda 1. Cloth. provincial. Vice-President and Senators – not earlier than 165 before election date 2. posters measuring. Campaign period 1. provincial.e. An application for permit for a rally shall not be denied except on the ground that a prior written application for the same purpose has been approved. If the broadcast is given free or charge by the radio or television station.2. Rallies 1. food. 3. it shall be identified by the word “airtime for this broadcast was provided free of charge by” followed by the true and correct name and address of the broadcast entity. (Sec. 244 SCRA 272) 2. COMELEC. broadcast or outdoor advertisements donated to the candidate or political party shall be printed. published. Prohibited Campaign 1. 104. Print. (Sec. drinks or things of value within 5 hours before and after a public rally. RA 9006) D. or representative to make any contribution for any structure for public use or for use of any religious or civic organization except the normal religious dues and payment for scholarships established and school contributions habitually made before the campaign period. Public exhibition of a movie. COMELEC. his spouse. A denial is appealable to the provincial election supervisor or COMELEC.\ 2. relative within second degree of consanguinity or affinity. (Sec. cinematograph or documentary portrayed by an actor or media personality who is himself a candidate. 3. and mass media practitioners may give their opinion regarding candidates. 87. Mass media may report news relating to candidates. Scope 1. Prohibiting the posting of decals and stickers except in the common posting area authorized by the COMELEC is not valid (Adiong vs. Such written acceptance shall be attached to the advertising contract and shall be submitted to the COMELEC. BP 881) 2. cinematograph or documentary portraying the life or biography of a candidate during campaign period. before election day and on election day. BP 881) . (Sec. (National Press Club vs. broadcast or exhibited without the written acceptance by the said candidate or political party. 89 BP 881) F. 4. Prohibited donations It is prohibited for any candidate. 207 SCRA 1) E. It is unlawful to give or accept transportation. Use of airtime for campaign of a media practitioner who is an official of a party or a member of the campaign staff of a candidate or political party. Public exhibition of a movie. RA 7166 1. Political party and coalition – P5 per voter in the constituency where it has candidates. incentives. suspended or cancelled during the election period. Schools which received grants of public funds of at least P100. Employees in the Civil Service or members of the Armed Forces. or shall take a leave of absence from his work as such during the campaign. where an operator of a public utility disguised a contribution to a candidate for governor as loan. Persons granted loans in excess of P25.G. Persons who hold contracts or sub-contracts to supply the government with goods and services. if so required by their employers. Prohibited contributions No political contribution shall be made by the following: 1. Public or private financial institutions 2. Other candidates – P3 per voter in his constituency c Candidate without political party – P5 per voter d. Bp 881) 9. (sec. No franchise or permit to operate a radio or television shall be granted or issued. 36 (9). Party/organization and coalition participating in the party – list system – P5 per voter 2. 1. exemptions or similar privileges by the government 5. President and vice president – P10 per voter b. Corp. 13. the promissory note is void: (halili vs. Candidates a. announcer. on-air correspondent or personality who is a candidate for any elective public office or is a campaign volunteer for or employed or retained in any capacity by any candidate or political party shall be deemed resigned. 83 SCRA 633) 3. Public utilities and those who exploit natural resources Thus. Foreigners (Sec. . I.000 7. 2. 4. Corporations (sec. Code) H. Equal Access to Media Time and Space All registered parties and bonafide candidates shall have equal access to media time and space . Limitation on expenses – Sec. Persons granted franchises. 8. reporter. Court of Appeals. 95 . 000 by the government or any of its subdivisions or instrumentalities 6. And that any media practitioner who is an official candidate of a political party or member of the campaign staff of a candidate or political party shall not use his media time and space to favor any candidate or political party. The following guidelines may be amplified on by the COMELEC. commentator. Any mass media columnist. Statement of contributions and expenditures 1. Effect of withdrawal A candidate who withdraws his certificate of candidacy must still file a statement of contributions and expenditures. Filing a. General election is one provided for by law for the election to offices throughout the State. Penalties a. 3. 14.[Sec. 9.000 to P30. 331 SCRA 388) ELECTION PERIOD Unless otherwise fixed by the COMELEC in special cases. RA 7166) J. 245 SCRA 759) VII. Special Election is one provided for by law to fill vacancy in office before the expiration of the full term for which the incumbent was elected or one fixed by the COMELEC due to postponement or suspension of the election or the failure to elect. after the expiration of the full term of former officers.13. First Offense – administrative fine from P 1. COMELEC. RA 7166) 3. or certain subdivisions thereof. (Claudio vs. the election period shall commence 90 days before the day of the day of the election and shall end 30 days thereafter. 000 b. Senators and Members of the House of Representatives and local officials. Recall election is an election by means of which voters decide whether they should retain their local official or elect his replacement. (Pilar vs. except barangay officials. BOARD OF ELECTION INSPECTORS (BEI). IX – C. Administrative fine from P2. No persons elected shall assume office until he and his political party has filed the required statements 2. Perpetual disqualification to hold public office (Sec. WATCHERS KINDS OF ELECTION 1. shall be on the second Monday of . Subsequent offense i. 000 ii. for the law makes no distinction.000 to P60. Art. 2. COMELEC. every candidate and treasurer of political party shall file within 30 days after election day a statement of contributions and expenditures. ELECTION. b. PC] DATE OF ELECTION The regular election of the President. Vice-President. In accordance with the constitutional policy to synchronize elections. subject to the remedy of review provided for in Art IX – A Section 7. POSEPONEMENT OF ELECTION When for any serious cause such as violence. ELECTION OF SANGGUNIANG MEMBERS 1. (RA 7166) Under 6679. terrorism. supra) A petition to postpone elections should be addressed to the COMELEC. suspended or which resulted in the failure to elect. or even with the agreement of the candidates. the COMELEC. and other analogous cases of such nature that the holding of a free. loss or destruction of election paraphernalia or records. COMELEC. the regular election for national and local officials is now held simultaneously. orderly and honest election should become impossible in any political subdivision. . 330 SCRA 736). 4. . and 2. 5. COMELEC. motu propio or upon a verified petition by any interested party. COMELEC. For provinces with two or more legislative district the elective members of Sangguniang Panlalawigan (Spn) shall be elected by legislative districts. and after due notice and hearing.(Pangandaman vs. 2 and 3 of RA 6686. For provinces with only one legislative district – the COMELEC shall divide them into districts for purposes of electing the members of the SPn. shall postpone the election therein. 2. 264 SCRA 125) FAILURE OF ELECTION . For municipalities in Metro Manila – the COMELEC shall divide them into two districts by baranggay for purposes of electing members of the SB. whereby all interested parties are afforded equal opportunity to be heard. (hassan vs. Cebu City. It should not be later than thirty (30) days after the secession of the cause of the postponement of suspension of the election or a failure to elect.May once every three years. cannot validly postpone or suspend the election. (Basher vs. place and purpose thereof (Basher vs. In fixing the date of special elections the COMELEC should see to it that: 1. It is essential to the validity of the election that the voters have notice in some form. regular elections for barangay officials shall be held once every five years. either actual or constructive. since the voters were deprived of the opportunity to vote. It should be reasonably close to the date of the election not held. Davao City or any other city with two or more legislative district – governed by Secs. 3. For cities in Metro Manila Area. (Sec. BP 881) An election officer alone. 319 SCRA 283) A special election is not valid if notice of its date and of the transfer of the precincts was given less than a day before. COMELEC. of the time. force majeure. COMELEC. such as disenfranchisement of voters. An election cannot be annulled because of the illegal transfer of a precinct less than 45 days before the election if the votes of those who were not able to vote will not alter the result. (Canicosa vs. (Benito vs.2001) 3. terrorism.1. presence of flying voters. 134913. since voting took place. 282 SCRA 512) 8. GR No. April 20. GR No. the ballot boxes were brought to the municipal hall without padlock and seals. 141723. or to arrive at any certain result whatsoever. COMELEC. and lack of qualifications of the members of the Board of Inspectors are not grounds for declaration of failure of election but for an election protest. fraud and other analogous cases. and analogous causes. COMELLEC. (Mitmug vs. COMELEC. the control data of some election returns were filled up. (Soliva et al vs. and (3) after the voting and during the preparation and transmission of the election returns or in the custody or canvass thereof. a candidate was credited with less votes than he received. fraud. The fact that the names of some registered voters were omitted from the list of voters. terrorism. 260 SCRA 494) 9.2001) 2. COMELEC.260 SCRA 604) 7. violence.230 SCRA 54) 6. COMELEC. such election results in a failure to elect. and that there was a delay in the delivery of election returns are not grounds for the declaration of failure of election. The destruction of the copies of the election returns intended for the board of canvassers is not a ground for the declaration of failure of election as other copies of the returns can be used (Sardea vs. (2) when the election in any polling place has been suspended before the hour fixed by law for the closure of the voting.6 the OEC contemplates three instances when the COMELEC may declare a failure of election and call for the holding of a special election: (1) when thee election in any polling place has not been held on the date fixed on account of force majeure. strangers voted for some of the registered voters. There is no reglementary period for filing a petition for annulment of an election if there has . (Borja vs. A special election should be held if the ballot box in the precinct was burned.January 19. The power to throw out or annul an election should be exercised with the utmost care and only under circumstances which demonstrate beyond doubt either that the disregard of the law had been so fundamental or so pertinent and continuous that it is impossible to distinguish what votes are lawful and what are unlawful. (Balindong vs. The fact that less than 25% of the registered voters voted does not constitute failure of election.225 SCRA 374) 5.264 SCRA 125) 4. COMELEC. COMELEC. intimidation and threats from exercising their franchise… There is failure of elections only when the will of the electorate has been muted and cannot be ascertained. Sec.(Hassan vs. violence. or that the great body of voters have been prevented by viiolence. Lack of notice of the date and time of the canvass. (Loong vs. all of whom are public school teachers. In case of permanent vacancy in Congress at least one year before the expiration of the term.RA 7166) BOARD OF ELECTION INSPECTORS (BEI) The Board of Election Inspectors shall be composed of a chairman and two members. 257 SCRA 1) 10. (Borja vs. Candidates for the local legislature belonging to the same party are entitled collectively to one watcher.as yet been no proclamation. Six principal watchers from 6 accredited major political parties shall be recognized. If there are not enough public school teachers. theCOMELEC may conduct a technical examination of election documents and compare and analyze the signatures and fingerprints of the voters. employees in the civil service. The COMELEC may decide a petition to declare a failure of election en banc at the first instance. 7166) 2. 2. 260 SCRA 604) In petitions to declare a failure of election on the ground of fraud. Official watchers Every registered party or coalition of parties and every candidate is entitled to one watcher per precinct and canvassing counter. COMELEC. teachers in private schools. RA 6646) WATCHERS Number 1. since it is not a pre-proclamation case or an election protest. Other watchers • The accredited citizen’s arm is entitled to a watcher in every precinct. • Other civic organizations may be authorized to appoint one watcher in every precinct. (Section 26. or other citizens of known probity and competence may be appointed. the COMELEC shall hold a special election not earlier than 90 days after the occurrence of the vacancy. (Loong vss.257 SCRA 1) SPECIAL ELECTION TO FILL UP VACANCY 1. COMELEC. (Section . A vacancy in the Senate will be filled up at the next regular election. (Section 13. COMELEC.(Section 4. Citizen’s Arm To be given a copy of the election return to be used for the conduct of an unofficial count. Absentee voting for President. RA 8045) VIII.180. Feb. 9189 “AN ACT PROVIDING FOR A SYSTEM OF OVERSEAS ABSENTEE VOTING BY QUALIFIED CITIZENS OF THE PHILIPPINES ABROAD” Sec. CASTING OF VOTES 1. (Section 1. 5.(Libanan vs HRET. All watchers a.283 SCRA 520) Under the rules prevailing during the 1997 Barangay Elections. To file a protest against any irregularity d. A ballot prepared under such circumstances should not be counted. To inform themselves of the proceedings c. . RA 7166) RA NO. BP 881) 2. The omission of such signature does not affect the validity of the ballot.1959) ABSENTEE VOTING 1. paraffin paper or other means for making a copy of the contents of the ballot or to use any means to identify the ballot.346 SCRA 699) 2. BP881) 2. (Gutierrez vs. and other government employees assigned in connection with the performance of election duties to places where they are not registered. (Malabaguio vs.BP881). – The following shall be disqualified from voting under this Act: a) Those who have lost their Filipino citizenship in accordance with Philippine laws. BP 881) Important rights of watchers 1. (Section 200. (Section 169. To stay inside the precinct b. (Section 196. (Section 12. It is unlawful to use carbon paper. V-president and Senators are allowed for members of the AFP.(Sec. BP881) 4. Aquino. the failure to authenticate the ballots shall no longer be cause for the invalidation thereof. COMELEC. 195. An illiterate or physically disabled voter may be assisted by a relative by affinity or consanguinity within the fourth degree or any person of his confidence who belongs to the same household or any member of the Board of Election Inspectors. PNP. Members of the Board of Election Inspectors and their substitutes may vote in the precinct where they are assigned. Disqualification. To obtain a certificate of the number of votes cast for each candidate (Section 179. A voter who was challenged on the ground that he has been paid for the vote or made a bet on the result of the election will be allowed to vote if he takes an oath that he did not commit the act alleged in the challenge.BP881) 3. The chairman of the Board of Election Inspectors should sign each ballot at the back.26. whenever applicable. e) Any citizen of the Philippines abroad previously declared insane or incompetent by competent authority in the Philippines or abroad. upon registration. or with the representative of the Commission of the Philippine embassies. as verified by the Philippine embassies. Qualified citizens of the Philippines abroad who failed to register under Republic Act No. c) Those who have committed and are convicted in a final judgment by a court or tribunal of an offense punishable by imprisonment of not less than one (1) year. an affidavit prepared for the purpose by the Commission declaring that he/ she shall resume actual physical permanent residence in the Philippine not later than three(3) years from approval of his/her registration under this Act. consulates and other foreign service establishments that have jurisdiction over the locality where they temporarily reside. Failure to return shall be cause for the removal of the name of immigrant or permanent resident from the National Registry of Absentee Voters and his/her permanent disqualification to vote in absentia. however. . including those who have committed and been found guilty of Disloyalty as define under Article 137 of the Revised Penal Code. Such affidavit shall also state that she/ he has no applied for citizenship in another country. otherwise known as “The Voters Registration Act of 1996”. That the Commission may take cognizance of final judgments issued by foreign courts or tribunals only on the basis or reciprocity and subject to the formalities and processes prescribed by the Rules of court on execution of judgments. 6 Personal Overseas Absentee Registration. d) An immigrant or a permanent resident who is recognized as such in the host country. consulates or foreign service establishments concerned. Subject to guidelines herein provided. the Commission is hereby authorized to prescribe procedures for overseas absentee registration pursuant to the provisions of Republic Act No. Provided further. 8189. taking into strict consideration the time zones and the various periods and processes herein provided for the proper implementation of this Act. such disability not having been removed by plenary pardon or amnesty: Provided. unless he/she execute. consulates and other foreign service establishments shall transmit within five (5) days from receipt the accomplished registration forms to the Commission after which the Commission shall coordinate with the Election Officer of the city or municipality of the applicant’s stated residence for verification. may personally apply for registration with the Election Registration Board of the city or municipality where they were domiciled immediately prior to their departure from the Philippines. 8189.b) Those who have expressly renounced their Philippine citizenship and who have pledge allegiance to a foreign country. SEC. The embassies. unless such competent authority subsequently certifies that such person is no longer insane or incompetent. hearing and annotation in the permanent list of voters. – Registration as an overseas absentee voter shall be done in person. That any person disqualified to vote under this subsection shall automatically acquire the right to vote upon expiration of five(5) years after service of sentence. the Election Officer shall immediately set the application for hearing. any interested party may file a petition for exclusion not later than two hundred ten (210) days before the day of elections with the proper municipal or metropolitan trial court. 6. the Commission shall provide for the period within which applications to register must be filed.3 In the event that an objection to the application is filed prior to or on the date of hearing.5 A Certificate of Registration as an overseas absentee voter shall be issued by the Commission to all applicants whose applications have been approved. within a period of five (5) days from receipt of the notice of this approval. clearly stating therein facts and defenses sworn before any officer in the host country authorized to administer oaths. The Commission shall include the approved applications in the National Registry of Absentee Voters.6 If the application has been approved. the Election Officer shall notify the applicant of said objection by registered mail. which shall decide on the application within one (1) week from the date of hearing without waiting for the quarterly meeting of the Board. 6. including those certified as registered voters. the ruling of the Election Registration Board shall be considered affirmed. the notice of which shall be posted in a conspicuous place in the premises of the city or municipal building of the applicant’s stated residence for at least one (1) week before the date of the hearing.All applications for the May 2004 elections shall be filed with the Commission not later than two hundred eighty (280) calendar days before the day of elections. For succeeding elections.7 If the application has been approved. the applicant or his authorized representative shall. The applicant shall be notified of the approval or disapproval of his/her application by registered mail.1 Upon receipt of the application for registration. the Commission shall provide a special mechanism for the time and manner of personal registration taking into consideration the nature of their work. The applicant shall have the right to file his counter-affidavit by registered mail. and closing therein copies of affidavits or documents submitted in support of the objection filed with the said Election Officer. the Election Officer shall immediately forward the application to the Election Registration Board. if any. counter-affidavit and documents submitted by the party objecting and those of the applicant. Should the court fail to render a decision within the prescribed period. The petition shall be decided within fifteen (15) days after its filing on the basis of the documents submitted in connection therewith. In the case of seafarers. The Election Officer shall immediately furnish a copy of the application to the designated representatives of political parties and other accredited groups. 6. 6.2 If no verified objection to the application is filed. 6.4 The application shall be approved or disapproved based on the merits of the objection. 6. 6. have the right to file a . – The Commission shall ensure that the benefits of the system of continuing registration are extended to qualified overseas absentee voters. or forwarding address in the case of seafarers. • Where voting by mail is allowed. services and mechanisms offered and administered by the Department of Foreign Affairs.petition for inclusion with the proper municipal or metropolitan trial court. in proper cases. In the case of immigrants and permanent residents not otherwise disqualified to vote under this Act. 7. Qualified citizens of the Philippines abroad. . Sec. • Address of applicant abroad. the applicant’s mailing address outside the Philippines where the ballot for absentee voters will be sent. 8189 shall apply for certification as absentee voters and for inclusion in the National Registry of Overseas Absentee Voters. – Every Filipino registrant shall be required to furnish the following documents: a) A valid Philippine passport. a certification of the Department of Foreign Affairs that it has reviewed the appropriate documents submitted by the applicant and found them sufficient to warrant the issuance of a passport. In the absence of a valid passport. Philippine Overseas Employment Administration. Towards this end. Such affidavit shall also state that he/she has not applied for citizenship in another country. Department of Labor and Employment. System of Continuing Registration. Overseas Workers’ Welfare Administration. personnel and mechanisms of the various government agencies for purposes of data gathering.7 and Section 12 hereof. b) accomplished registration from prescribed by the commission containing the mandatory information: • Last know residence of the applicant in the Philippines before leaving for abroad. who have previously registered as voters pursuant to Republic Act No. subject to limitations imposed by law. and • Name and address of applicant’s authorized representative in the Philippines for purposes of Section 6. information dissemination and facilitation of the registration process. The petition shall be decided within five (5) days after its filing on the basis of documents submitted in connection therewith. or that the applicant is a holder of a valid passport but is unable to produce the same for a valid reason. the Commission shall optimize the use of existing facilities. Pre-departure programs. with a corresponding annotation in the Certified Voter’s List. data validation. Sec.8 Requirements for Registration. Commission on Filipinos Overseas and other appropriate agencies of the government shall be utilized for purposes of supporting the overseas absentee registration and voting processes. an affidavit declaring the intention to resume actual physical permanent residence in the Philippines not later than three (3) years after approval of his/her registration as an overseas absentee voter under this Act. NO information other than those necessary to establish the identity and qualification of the applicant shall be required.The Commission may also require additional data to facilitate registration and recording. 8189.1 Every qualified citizen to the Philippines abroad whose application for registration has been approved. 11.2 Every application to vote in absentia may be done personally at. shall. which has jurisdiction over the country where he/she has indicated his/her address for purposes of th elections. in every national election. Sec. including those previously registered under Republic Act No. 11 Procedure for Application to Vote in Absentia. a sworn written application to vote in a form prescribed by the Commission. The authorized officer of such embassy. file with the officer of the embassy. .3 Consular and diplomatic services rendered in connection with the overseas absentee voting processes shall be made available at no cost to the overseas absentee voter.11. The application form shall be accomplished in triplicate and submitted together with the photocopy of his/her overseas absentee voter certificate of registration. or by mail to the embassy. consulate or foreign service establishment. consulate or other foreign service establishment authorized by the Commission. consulate or other foreign service establishment shall transmit to the Commission the said application to vote within five (5) days from receipt thereof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