election notes from slides usc law

7/23/2019 Election Notes From Slides USC Law

1/12

A false statement in a COC that a

candidate is eligible to run for public oceis a false material representation which isa GROUND FOR P!"!"ON !O DN# DUCOUR$ OR CANC% COC&

Date of Elections

National' District' %ocal electi(e ocials )

o *nd

+onda, of +a, -..* and (er,/ ,ears after

Regional electi(e local ocials 0

o *nd+onda, of +a, *1-/ and (er,

/ ,ears thereafter

2aranga, 3 $4 ocials 0

o *ndof October *115 3 (er, /

,ears thereafter

Postponement of date of electionsGrounds:

$erious Cause

o 6iolenceo !errorism

o %oss or destruction of election

paraphernalia or recordso Force ma7eure

o Other analogous causes of such

nature that the holding of a free'orderl, and honest electionsbecomes impossible in an, politicalsubdi(ision

Who postpones the Elections?

Commision n 2anc

How? 2, ma7orit, of (ote of its members

+otu Proprio

Upon (eri8ed petition b, an, interested

part,

After due notice and hearing

All interested parties are a9orded e:ual

opportunit, to be heard&What if the ground is not one of thoseenumerated?

!he Commission cannot postpone' it

merel, recommends' as when it isoperationall, (er, dicult to

simultaneousl, hold the baranga, and $4elections' legislati(e action to amend thelaw resetting the elections is re:uired&;+ontesclaros (& Comelecassan (&Comeleca(e legislati(e and consultati(e

powerso Act as agents of neutral communit,

action such as distribution of basicser(ices

o "nstruments in conducting

plebiscites and referenda&o $ettle local disputes ;Occena (&

Comelec9 (; or the +erseas9"sentee 1oting 9ct of &003

An immigrant or permanent resident who isrecogni@ed as such in the host countr, isdis:uali8ed from (oting under this Act&

Upon registration' he or she e=ecutes an

ada(it?o Resume actual permanent

residence in the countr, within /,ears from appro(al of registration

$u9rage should onl, be granted to persons

possessing :uali8cations on the da, of election& !he $olicitor General howe(er argued that

$ection - Art 6 is a (erbatim reproductionof the -./B and -.5/ Constituions underwhich Co (& lectoral !ribunal of the >Rwhich held that residence is s,non,mouswith domicile&

A person can ha(e onl, one domicile but

ha(e two residences' one permanent andthe other temporar,&

!he de8nition of residence applies to

absentee (oters&

Romualde@0+arcos (& Comelec' reiterating

Fa,pon ( uirino' held that immigrants orpermanent residents abroad ha(e in factne(er abandaoned their Philippinedomicile&

Held:

hile it appears that under $ec -

immigrants and permanent residentaborad are dis:uali8ed to (ote' $ec *pro(ides e=ception?

@!he Congress shall pro(ide as,stem for securing the secrec, and sanctit,of the ballot as well as a s,stem for absentee(oting b, :uali8ed Filipinos abroad&L

!hus Congress enacted the O(erseasAbsentee 6oting Act pursuant to$ection * which did not pro(ide forparameters&

"n the absence of restrictions'

Congress is presumed to ha(e dul,e=ercised its legislati(e authorit,&

Absentee (oting is an e=ception to the

regular s,stem of (oting&

"t it intended to accommodate soldiers

and sailors and other :uali8ed (oterswho on election da, are absent fromthe place where the, are residents orregistered&

"t is not onl, proof of intention to

return' but more importantl,' it ser(esas an e=press declaration that thedomicile was not abandoned&

2, their status in the host countr,'

permanent residents or immigrants arepresumed to ha(e relin:uished theirintent to return&

!he purpose of the ada(it is to rebut

such presumption&


5/12

!he Caasi ruling that held green

cardholders are dis:uali8ed to run forpublic oce does not appl, because itdid not consider the absentee (otingrights of immigrants and permanentresidents&

$ection B ;d< does not circum(ent the

Constitution' instead' it complied witha constitutional mandate which

re:uires that Congress legislateabsentee (oting that presupposes the:uali8ed citi@en abroad is notph,sicall, present in the countr,&

"f the (oter reneges on his promise to

return' the penalt, of permanentdisenfranchisement ser(es as adeterrent&

!he (otes cast b, absentee (oters who

failed to return is not in(alidated'because what controls is whether the(oter is :uali8ed to (ote on the da, ofelection' and not after&

u6rage for local a"sentee +oters .Who are uali$ed?ection (/ E*ecuti+e rder o) (=egistration 9ct:

Registration of PDs and illiterate

applicants

Who ma "e assisted in +oters registration:

"lliterate persons

Persons with disabilit,

Who can assist?

Illiterate . lection ocer or member of

the accredited citi@ens arm

PWDs . lection ocer or member of the

accredited citi@ens arm or relati(e withinthe fourth ci(il degree of consanguinit, oranit,&

How assisted?

"lliterate or PD is under oath

"nter(iewed and answers are recorded

Contents of the form is read aloud

Armation and attestation

1oters registration de$nedection 3#a' >9 ;(;:

!he act of accomplishing and 8ling asworn application for registration b, a :uali8ed(oter "eforethe election oFcerof the cit, or

municipalit, wherein he resides and including thesame in the boo of registered (oters uponappro+alb, the lection Registration 2oard&

ra +) 9"ano,acts: An aspiring law,er from the pro(ince wentto the cit, to stud, law where he also registeredas a (oter& hen he became a law,er' hereturned to the pro(ince' ran for and won asmunicipal president& 2ut he was not able toregister as a (oter in the municipalit, because hefailed to cancel his registration in the cit, ontime& !hus' his election was challenged in the

ground that being not registered' he is ineligibleto run for and be elected& "t was establishedhowe(er that the municipal president was aresident of the municipalit, but is not registeredas a (oter there&Held: ligibilit, is not a9ected b, failure toregister& Registration does not confer su9rage buta mere condition precedent to its e=ercise&>egistration merel regulates not uali$essu6rage)

ection ;) stem of 4ontinuing>egistration of 1oters

Dail in the Oce of lection Ocerduring oce hours&E*cept:

-*1 da,s before a regular election

.1 da,s before a special election

97"aan-outh +) 4omelec,acts:!he Comelec conducted (otersregistration until December *5' *111& Petitioners'who claim to represent the ,outh sector' ased itconduct registration on Februar, -5 and -E'*11-& !he, said that around million ,outh(oters aged -E to *- failed to register on or

before the deadline hence the need for e=tension"t was also anchored on the renewed politicalawareness and interest among th ,outh toparticipate in the political process generated b,the recent political e(ents in the countr,& !heComelec refused on the ground that it will a9ectits preparations for the elections& Contrar, topopular belief' (oters registration is not limitedto the act of going to the election ocers andwriting down the names& Applications forregistration are sub7ect to hearing' notice' andaction of the lection Registration 2oard&


7/12

Following pre election acts need to be done?

Complete the pro7ect of precincts

Constitution of the 2oard of lection

"nspectors

"nspection' (eri8cation' and sealing of

boo of (oters

Finali@ation of computeri@ed (oters list

Preparation' bidding' printing and

distribution of the 6oters "nformation

$heets' among man, others&2ut the petitioners argue that the Comelec isempowered to designate other dates of preelection acts pursuant to $ec *. of RA and$ec *E of RA E/&Held: $u9rage is not absolute' it is sub7ect tosubstanti(e and procedural re:uirements&Registration is a procedural limitation& "t is anindispensable precondition to su9rage&

"t was argued that the Comelec isendowed with standb, or residual powers todesignate other dates for certain pre0electionacts& hile (oters registration is a pre0election

act' we cannot as the Comelec to do theimpossible& !he designation of other dates shouldbe premised on the capabilit, of reasonableperformance&

a"ataan Part-Cist >ep) Palatino +)4omelec,acts:!he Comelec resol(ed to register (otersfrom December *' *11E to December -B' *11.for the purpose of the +a, -1' *1-1 national andlocal elections& "t howe(er resol(ed to ad7ust thedeadline from December -B' *11. to October /-'*11. to a9ord it more time to prepare for the

automated elections& "t was argued that based inthe National $tatistics Oce data' the pro7ected(oting population from age group -E0* is -*&Bmillion which could be disenfranchised for failureto register& "t encroaches on the legislati(e powerb, amending $ection E RA E-E. to e=pand theprohibiti(e period of registration& 2ut Comelecargues that it is empowered to 8= other periodsand dates for pre0election acti(ities&

Held: !he period outside the -*10da, prohibitionis sucient for Comelec to prepare for theelections& hile Comelec has rule0maing power'

it must be e=ercised in accordance with pre(ailinglaw& !he power to 8= other periods can be usedonl, if the acti(ities cannot be reasonabl, heldwithin the period pro(ided b, law&

Di6erence "etween the 97"aan anda"ataan rulings:

"n Aba,an' the petition was 8led during

the prohibited period and the e=tensionpra,ed for falls on the prohibiti(e period&

"n 4abataan' the petition and the period

pra,ed for were both outside of the -*10da, prohibiti(e period&

Who ma register as a +oter?

Filipino citi@en not dis:uali8ed b, law

At least -E ,ears of age on or before

election

Resident of the P> for at least - ,ear and

the place where he or she proposed to(ote for at least months prior to election

Who are otherwise disuali$ed " law toregister?

#(' $entenced b, 8nal 7udgement to su9erimprisonment of not less than - ,earnless:

Remo(ed b, plenar, pardon or

amnest,

B ,ears ha(e lapsed after ser(ice of

sentence#&' $entenced b, 8nal 7udgement for an,

crime in(ol(ing dislo,alt, to the

go(ernmentuch as:

Rebellion' sedition

6iolation of 8rearms law

An, crime against national securit,

nless:

Restored to full ci(il and

political rights inaccordance with law&

B ,ears ha(e lapsed after

ser(ice of sentence' "nsane or incompetent persons declared

as such b, competent authorit,nless:

$ubse:uentl, declared b,

competent authorit, that suchperson is no longer insane orincompetent&

4ontents of application for registration

Name' surname and middle name

Date and place of birth

Citi@enship

Ci(il status' if married' name of

spouse

Profession' occupation or wor Periods of residence in the

Philippines and in the place

=act address

$tatement that applicant possesses

all :uali8cation of a (oter

$tatement that applicant is not a

registered (oter of another precinct

$uch information or date as ma, be

re:uired b, the Commission

>omualde% +) >!4


8/12

,acts: A natural0born Filipino constructed hishouse in a place where he became its punongbarangga,& hen the regime of President +arcoswas about to end' he and his famil, Ked thecountr, and sought as,lum in the U$ which wasgranted& Fi(e ,ears later howe(er' he recei(ed aletter from the U$ "mmigration and Naturali@ation$er(ice that he should depart on or before acertain date otherwise he will be deported& !hus'he was forced to lea(e e(en without an,go(ernment document& hen he arri(ed in thecountr,' he returned to his baranga, andregistered as a (oter& 2ut it was sought to bee=cluded in the +!C in the following grounds?

a& >e is a resident of' practices his professionand wors in the U$A

b& >e 7ust arri(ed in the countr,c& As such' he did not ha(e the - ,ear

residenc, in the countr, and monthresidenc, in the place where heregistered&

d& >e argued that he has been a resident ofthe baranga, and he ne(er abandoned it&

!he +!C denied the e=clusion& On appeal to theR!C howe(er' it re(ersed the denial and orderedthe e=clusion& !he +!C and R!C ha(e no

7urisdiction because it was 8led b, one who didnot allege he was a registered (oter of the place&

!he R!C erred in deciding that he (oluntaril, leftthe countr, and abandoned his residence&

Held: hile it is true that 7urisdiction ma, beassailed an, time' it is deemed wai(ed b, theacti(e participation where he e(en pra,ed thatthe decision of the +!C be armed&Residence and domicile are s,non,mous in

election cases& Domicile imports not onl,intention to reside in a 8=ed place but alsopersonal presence in that place' coupled withconduct indicati(e of such intention&

!o ac:uire a new domicile of choice' the followingre:uisites concur?

a& Residence or bodil, presence in the newlocalit,

b& "ntention to remain there or animusmanendi

c& "ntention to abandon the old domicile oranimus non re(ertendi

!he purpose to remain must be for an inde8niteperiod of time& !he change of residence must be(oluntar,& !he new domicile chose must beactual&

!he political situation brought b, the peoplepower must ha(e caused great apprehension andserious concern o(er the safet, of the famil, thatforced them to self0e=ile& !hus' their suddendeparture from the countr, cannot be deemed(oluntar, or abandonment of residence&

"t must be emphasi@ed that the right to (ote ismost precious political right' as well as a boundendut, of e(er, citi@en' enabling and re:uiring himto participate in the process of go(ernment so asto ensure that the go(ernment can trul, be saidto deri(e its power solel, from the consent of thego(erned& ;Pungatan (& Abubaaregistration Koard #E>K'4omposition:

4hair: lection Ocer


9/12

Jem"ers:

o Public school ocial most senior in

rano %ocal Ci(il Registrar

Disuali$cation:

Relationship within the fourth ci(il degree

to each other and to an, incumbentelecti(e ocial of the cit, or municipalit,&

Powers:

Acts on all applications for registration'transfer' reacti(ation' correction of entr,

Deacti(ated registration

Cancels registration

Decides challenges on the right to register

When: :uarterl,

4hallenges to right to registerGrounds: not speci8edWho can challenge:

An, (oter' candidate

Or representati(e of a registered political

part,

4ommon rules for inclusion and e*clusionproceedings and correction of names:

Petition refers to - precinct' impleads the

R2

An, (oter' candidate or part, ma,

inter(ene

Decision is based on e(idence within -1

da,s from 8ling

>eard and decided within -1 da,s from

8ling

Appeal is decided within -1 da,s from

receipt

Not later than -B da,s before electionda,

Decision is 8nal and e=ecutor

"f the :uestion is whether the (oter is real'

non0appearance on the da, set for hearingis prima facie e(idence the (oter is8ctitious&

Grounds for inclusions:a) Disappro(al of application for registration

b, the R2") Remo(al of name from list of (oters

Grounds for e*clusion: not speci8edWho can $le for inclusion?

An, person whose application wasdisappro(ed or name was remo(ed&

Who can $le for e*clusion?a) An, registered (oter") Representati(e of a political part,c) lection ocer

Where to $le inclusion and e*clusion: J!4When to include? An,time e*cept:

a) -1B da,s prior to regular election") 5B da,s prior to special election

When to e*clude? An,time e*cept:a) -11 da,s prior to regular election

") B da,s before special electionWhat to attach to the petition:

a) Inclusion . Certi8cate of disappro(al' PO$") E*clusion . Proof of notice to R2 and

(oter

4hallenge to right to register distinguishedfrom inclusion and e*clusion proceeding:

a) !he 8rst is administrati(e' the second is7udicial

") An, :uestions in(ol(ing su9rage isremo(ed from the 7urisdiction of theComelec&

c) 2ut e=clusion of election returns fromcan(assing pertains to the administrati(e

7urisdiction of the Comelec ;Pungutan (&Abubaare petitioned to annul the proclamation andpra,ed for his proclamation& hile these werepending howe(er' a candidate for go(ernorpetitioned to annul the list of coters of themunicipalit,& "t was opposed b, the proclaimedcongressional candidate& !he Comelec annulledthe list of (oters in the ground that of massi(eirregularities committed in its preparation and forbeing statisticall, improbable& Another list wasprepared ,ielding onl, -*'BBB names&

>e then 8led a supplemental pleasing to entreat

the annulment in his pending petitions to annulproclamation of the other candidate and for hisproclamation& 2ut the Comelec dismissed it onthe ground that while there ma, he padding ofthe list of (oters' it cannot annul the electionsotherwise it disenfranchises the good or (alid(otes&

Padding of (oters list' lie fraud and terrorism' isnot a proper issue to be raised in a pre0proclamation contro(ers,' but in an electionprotest&


11/12

>e now contends that the issue he raised refersto ob(iousl, manufactured returns hence aproper pre0proclamation issue& !he electionreturns in the municipalit, should be e=cluded inthe can(ass because the list of (oters has been8nall, annulled& !here is no need to re0litigate inan election protest the matter of annulmentbecause it is alread, Jfait accompliL&

Held:

!here is no great e=cess of (otes since

onl, /'111 (oted out of /.'111 registered(oters&

!he %agumba, case' hea(il, relied in b,

petitioner' deals with the preparation ofmanufactured returns while this casedeals with the preparation of the list of(oters' a matter which is not reKected inthe face of the returns&

Padding of list of (oters is not a proper

ground in a pre0proclamation contro(ers,&

!he new list of (oters cannot be applied to

determine the number of cotes in apre(ious election& !he Comelec is notempowered to annul a pre(ious electionon the bases of a subse:uent annulmentof (oters list& "t has no retroacti(e e9ect&

"n 2ashier (s& Comelec' it was held that

the subse:uent annulment of (oters list ina separate proceedings where theprotagonists are not parties' cannotretroacti(el, and without due pro(es annulthe pre(ious election&

!he (oters list in the pre(ious elections is

(alid and un:uestioned prior to and on the

da, of election& "t was the onl, legitimate roster used a

basis for (oting&

"n the absence of prior petition to set it

aside' it is considered conclusi(e e(idenceof persons who could (ote in thatparticular election&

$ince the winning candidate was alread,

proclaimed' the pre0proclamation casedies' the ne=t remed, is an electionprotest before a proper forum' which is the>ouse of Representati(es lectoral

!ribunal& ;Ututalum (& Comelec

election notes from slides usc law

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