ust golden notes - election law

8/9/2019 UST Golden Notes - Election Law

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ELECTION LAW

K.ELECTIONLAW

157UNIVERSITY OF SANTO TOMAS

F a c u l t a d d e D e r e c h o i v i l

ACADEMICSCHAIR:LESTERJAYALANE.FLORESII

VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA

VICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE

VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ

Q:Whatisanelection?

A:Itistheselectionofcandidatestopublicoffice

bypopularvoteofthepeople.

Q:Whatarethecomponentsofanelection?

A:

1. Choice or selection of candidates to

publicofficebypopularvote

2.

Conductofthepolls

3.

Listingofvotes

4.

Holdingofelectoralcampaign

5. Actofcastingand receiving theballots

fromthevoters

6. Countingtheballots

7. Makingtheelectionreturns

8.

Proclaimingthe

winning

candidates

Q:Whatarethetypesofelections?

A:

1.

Regularelection refers toanelection

participated in by those who possess

therightofsuffrage,arenototherwise

disqualified by law, and who are

registeredvoters.

a.NationalElection

i.forPresidentandVP

ii.for

Senators

b.LocalElections

i.ForMembersofHOR

ii.PartyListRepresentatives

iii.ProvincialOfficials

iv.CityOfficials

v.MunicipalOfficials

c.BarangayElections

d.ARRMElections

i.ForRegionalGovernor

ii.RegionalViceGovernor

iii.RegionalAssemblymen

e.SanggguniangKabataan

(SK)

Elections

2.

Special election one held to fill a

vacancy in office before theexpiration

of the term for which the incumbent

waselected.

a. Plebisciteelectoral process by

whichaninitiativeontheConstitutionis

approvedorrejectedbythepeople.

b. Initiativepower of the people to

propose amendments to the

Constitution

orto

propose

and

enact

legislations

throughelectioncalledforthepurpose

i.InitiativeontheConstitution

ii.InitiativeonStatutes

iii. Initiative on Local

Legislation

c. Referendumpower of the

electorate toapproveor rejectapiece

of legislationthroughanelectioncalled

forthepurpose.

i.ReferendumonStatutes

ii.ReferendumonLocalLaws

d.Recallmode

of

removal

of

an

elective public officer by the people

beforetheendofhistermofoffice.

Q:Whataretherulesonconstructionofelection

laws?

A:

CONSTRUCTIONOFELECTIONLAW

Laws for conduct of

elections

1.Before the election

Mandatory

2.After the election

Directory

LawsforcandidatesMandatory

and

strictly

construed

Proceduralrules

Liberally construed in

favorofascertainingthe

willoftheelections

Q:Whenwilltheelectionperiodcommence?

A: The election period shall commence 90 days

before the dayof the election and shallend 30

days thereafter. (Sec. 3, B.P. 881 Omnibus

ElectionCode)

Q:Whatisthepurposeofanelection?

A:Togivethevotersadirectparticipation inthe

affairsoftheirpublicofficialsorindecidingsome

questions of public interest. (Luna v. Rodriguez,

G.R.No.L13744,November29,1918)


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158POLITICALLAWTEAM:

ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIE L.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&

HERAZEUSCHRISTINEY.UY;MEMBERS:LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,

CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA

G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.VILLAMOR.

a.SUFFRAGE

Q:Whatistherightofsuffrage?

A:Itistherighttovoteintheelectionofofficers

chosenbythepeopleandinthedeterminationof

questionssubmittedtothepeople.Itincludes:

1. Election

2. Plebiscite

3. Initiativeand

4. Referendum

Q:Istherightofsuffrageabsolute?

A: No.Needlesstosay,theexerciseoftheright

ofsuffrage,asintheenjoymentofallotherrights,

is subject to existing substantive and procedural

requirements embodied in our Constitution,

statute

books

and

other

repositories

of

law.

(AKBAYANYOUTHv.COMELEC,G.R.No.147066,

March26,2001)

b.QUALIFICATIONANDDISQUALIFICATIONOF

VOTERS

Q:Whatarethequalificationsforsuffrage?

A:

1. Filipinocitizenship

2.

Atleast

18

years

of

age

3. Resident of the Philippines for at least

oneyear

4. Resident of the place where he

proposestovoteforat least6months;

and

5. Not otherwise disqualified by law (Sec.

9,R.A.No.8189)

Q:Whataretheproceduralqualifications?

A: As to the procedural limitation, the right of a

citizen to vote is necessarily conditioned upon

certain procedural requirements he must

undergo: among others, the process of

registration. Specifically, acitizen inorder to be

qualifiedtoexercisehisrighttovote, inaddition

to the minimum requirements set by the

fundamentalcharter,isobligedbylawtoregister,

at present, under the provisions of Republic Act

No. 8189, otherwise known as the Voters

Registration Act of 1996.(AkbayanYouth v.

COMELEC,G.R.No.147066,Mar.26,2001)

Q:Whoaredisqualifiedtovote?

A:

1.

Persons

sentenced

by

final

judgment

to

suffer imprisonment for not less than

one year, unless pardoned or granted

amnesty;butright isreacquiredbefore

expiration of 5 years after service of

sentence

2. Conviction by finaljudgment of any of

thefollowingcrimes:

a. Crime involving disloyalty to the

government

b.Anycrimeagainstnationalsecurity

c.Firearmslaws

Butrightisreacquiredbeforeexpiration

of5yearsafterserviceofsentence.

3.

Insanity or incompetence declared by

competentauthority(Sec.118,B.P.881

OmnibusElectionCode)

c.REGISTRATIONOFVOTERS

Q:Doesregistrationconfertherighttovote?

A: No. It is but a condition precedent to the

exercise of the right to vote. Registration is a

regulation,notaqualification.(Yrav.Abano,G.R.

No.L30187,

November

15,

1928)

Q:Whatistheeffectoftransferofresidence?

A:Anyperson,who transfersresidencesolelyby

reason of his occupation, profession or

employment in private or public service,

education,etc.,shallnotbedeemedtohave lost

hisoriginalresidence.(Asistiov.Aguirre,G.R.No.

191124,April27,2010)

Q:Whatisdomicile?

A: A place to which, whenever absent for

business or for pleasure, one intends to return,

and depends on facts and circumstances in the

sense that they disclose intent. (Romualdez

Marcosvs.COMELEC,G.R.No.119976,Sept.18,

1995)

Q:Whatisresidenceforelectionpurposes?


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ELECTION LAW

A: It implies the factual relationship of an

individual to a certain place. It is the physical

presenceofaperson inagivenarea,community

orcountry. Forelectionpurposestheconceptsof

residence and domicile are dictated by the

peculiar criteria of political laws. As these

conceptshave

evolved

in

our

election

law,

what

hasclearlyandunequivocallyemerged isthefact

that residence for election purposes is used

synonymouslywithdomicile.(Ibid.)

Q: Petitioner ran congressman of the First

DistrictofLaguna. InhisCoC,he indicated that

his complete/exactaddress is inSta.RosaCity,

Laguna. Vicente sought the cancellation of

petitionersCOCandthe lattersdisqualification

as a candidate on the ground of an alleged

materialmisrepresentation inhisCoC regarding

hisplace

of

residence,

because

during

past

elections,hehaddeclaredPagsanjan,Lagunaas

his address, and Pagsanjanwas located in the

Fourth District of Laguna and that Vicente is

merelyleasingapropertyinhisallegedSta.Rosa

residence.Does the constitution require that a

candidate be a property owner in the district

whereheintendstorun?

A:No.Although itistruethatthe latestacquired

abodeisnotnecessarilythedomicileofchoiceof

a candidate, there isnothing in theConstitution

orour

election

laws

which

require

acongressional

candidate to sell a previously acquired home in

onedistrictandbuyanewoneintheplacewhere

he seeks to run in order to qualify for a

congressional seat in thatotherdistrict. Neither

doweseethefactthatVicentewasonlyleasinga

residenceinSta.Rosaatthetimeofhiscandidacy

as a barrier for him to run in that district.

Certainly, the Constitution does not require a

congressional candidate tobe apropertyowner

inthedistrictwhereheseekstorunbutonlythat

heresides inthatdistrictforat leastayearprior

toElection

Day.

To

use

ownership

of

property

in

the district as the determinative indicium of

permanenceofdomicileorresidenceimpliesthat

onlythelandedcanestablishcompliancewiththe

residency requirement. This Courtwould be, in

effect, imposing a property requirement to the

right to hold public office, which property

requirement would be unconstitutional.

(Fernandez v. HRET, G.R. No. 187478, Dec. 29,

2009)

Q:Whoisadoubleregistrant?

A: Any person who, being a registered voter,

registersanew

without

filing

an

application

for

cancellationofhisprevious registration. (Sec.26

(y)(6),OmnibusElectionCode)

Q:Maruhomregisteredasavoter inMarawion

26 July 2003.Only three days after,Maruhom

againregisteredasavoterinMarantao,without

firstcancelingherregistrationinMarawi;andon

28 March 2007, Maruhom filed her COC

declaring that she was a registered voter in

Marantaoandeligible torunasacandidate for

thepositionofmayorofsaidmunicipality.Isshe

stillqualified

to

run

for

such

position

in

Marantao?

A: No. Her prior registration makes her

subsequentregistrationnullandvoid.Shecannot

beconsideredaregisteredvoterinMarantaoand

thusshemadea falserepresentation inherCOC

whensheclaimedtobeone.Ifacandidatestates

amaterialrepresentationintheCOCthatisfalse,

theCOMELEC isempowered todenyduecourse

toor cancel theCOC. Thepersonwhose COC is

deniedduecourseorcancelledunderSection78

ofthe

OEC

is

not

treated

as

acandidate

at

all,

as

if

suchpersonneverfiledaCOC.However,although

Maruhoms registration inMarantao is void,her

registration inMarawi still subsists. Shemaybe

barred from voting or running formayor in the

former, but she may still exercise her right to

vote, or even run for an elective post, in the

latter. (Maruhom v. COMELEC,G.R.No.179430,

July27,2009)

Q:Aredoubleregistrantsstillqualifiedtovote?

A:Yes,

double

registrants

are

still

qualified

to

vote provided that COMELEC has to make a

determinationonwhich registration is valid and

which isvoid. COMELECcouldnotconsiderboth

registrationsvalidbecauseitwouldthengiverise

to the anomalous situationwhere a voter could

voteintwoprecinctsatthesametime.COMELEC

laiddown the rule inMinuteResolutionNo.00

1513thatwhilethefirstregistrationofanyvoter

159

UNIVERSITY OF SANTO TOMAS







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USTGOLDENNOTES2011

subsists, any subsequent registration thereto is

void ab initio. (Maruhom v. COMELEC, G.R. No.

179430,July27,2009)

Q: Y filed a petition for the cancellation of the

certificateofcandidacy(COC)ofX.Essentially,Y

sought the disqualification of X for Mayor of

South Upi, Maguindanao, alleging, that X was

not a registered voter in the Municipality of

South Upi, Maguindanao since he failed to sign

his application for registration, and that the

unsignedapplicationforregistrationhasnolegal

effect. In refutation, X asseverated that his

failuretosignhisapplicationforregistrationdid

notaffectthevalidityofhisregistrationsincehe

possesses the qualifications of a voter set forth

in the Omnibus Election Code as amended by

Section9ofRepublicAct8189.Yinsiststhatthe

signature

in

the

application

for

registration

is

indispensable for its validity as it is an

authentication and affirmation of the data

appearingtherein.ShouldXbedisqualified?

A:Yes.R.A.8189,TheVotersRegistrationActof

1996,specificallyprovidesthatanapplicationfor

registration shall contain specimen signatures of

the applicant as well as his/her thumbprints,

among others. The evidence shows that X failed

to sign very important parts of the application,

which refer to the oath which X should have

takento

validate

and

swear

to

the

veracity

of

the

contents appearing in the application for

registration. Plainly, from the foregoing, the

irregularities surrounding Xs application for

registrationeloquentlyproclaims thathedidnot

comply with the minimum requirements of RA

8189. This leads to only one conclusion: that X,

not having demonstrated that he duly

accomplished an application for registration, is

not a registered voter. Hence, he must be

disqualified to run for Mayor. (Gunsi Sr. v.

COMELEC,G.R.No.168792,Feb.23,2009)

Q:"A",whileof legalageandofsoundmind,is

illiterate. He has asked your advice on how he

canvoteinthecomingelectionforhisbrotheris

runningformayor.Thiswillbethefirsttime"A"

willvoteandhehasneverregisteredasavoter

before. What advice will you give him on the

procedureheneedstofollowinordertobeable

tovote?

A: The Constitution provides that until Congress

shall have provided otherwise, illiterate and

disabled voters shall be allowed to vote under

existing lawsandregulations(Art,V,Sec.2). It is

necessary for any qualified voter to register in

ordertovote. (OmnibusElectionCode,Sec.115)

In thecaseof illiterateanddisabledvoters,their

voter'saffidavitmaybepreparedbyanyrelative

withinthefourthcivildegreeofconsanguinityor

affinityorbyanymemberoftheboardofelection

inspectors who shall prepare the affidavit in

accordance with the data supplied by the

applicant.(Sec.14,R.A.No.8189)

Q:Whatisthesystemofcontinuingregistration?

A: GR: It is a system where the application of

registration of voters shall be conducted daily in

the

office

hours

of

the

election

officer

during

regularofficehours.

XPN: No registration shall be conducted during

the period starting 120 days before a regular

election and 90 days before a special election

(Sec.8,R.A.8189)

Note: The SC upheld COMELECs denial of the

requestfortwoadditionalregistrationdaysinorder

toenfranchisemorethan4millionyouthwhofailed

toregisteronorbeforeDecember27,2000.It isan

accepted

doctrine

in

administrative

law

that

the

determination of administrative agencies as to the

operation, implementation andapplicationofa law

is accorded greatest weight, considering that these

specialized government bodies are, by their nature

and functions, in the best position to know what

they can possibly do or not do under prevailing

circumstances(AkbayanYouthv.COMELEC,G.R.No.

147066,Mar.26,2001)

Q: On Nov. 12, 2008 respondent COMELEC

issued Resolution 8514 set Dec. 2, 2008 to

Dec.15, 2009 as the period of continuing voter

registration using the biometrics process in all

areas except ARMM. Subsequently COMELEC

issued Resolution 8585 on Feb. 12, 2009

adjusting the deadline of voter registration for

theMay10,2010nationalandlocalelectionsto

Oct. 31, 2009 instead of Dec. 15, 2009 as

previously fixed by Resolution 8514. Petitioners

challenge the validity of COMELEC Resolution







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ELECTION LAW

8585 and seek the declaration of its nullity.

Petitioners further contend that the COMELEC

Resolution 8585 is an unconstitutional

encroachment on the legislative power of

Congressas itamendsthesystemofcontinuing

voterregistrationunderSection8ofRA8189.Is

COMELECResolution

8585

valid?

Differentiate

fromthecaseofAkbayanYouthv.COMELEC?

A:Inthepresentcase,theCourtfindsnoground

to hold that the mandate of continuing voter

registrationcannotbereasonablyheldwithinthe

period provided by RA 8189 (Absentee Voting),

Sec.8 daily during the office hours, except

during the period starting 120 days before the

May 10,2010 regular elections. There is thus no

occasion for theCOMELEC toexercise itspower

tofixotherdatesordeadlinesthereof.

The present case differs significantly from the

AkbayanYouthvs.COMELEC.Inthesaidcase,the

Court held that the COMELEC did not abuse its

discretion in denying the request of the therein

petitionersforanextensionoftheDec.27,2000

deadline of voter registration for the May 14,

2001 elections. For the therein petitioners filed

their petitionwith the courtwithin the 120day

periodfortheconductofvoterregistrationunder

Sec.8,RA8189,andsoughttheconductofatwo

day registrationof Feb.17, and18,2001, clearly

withinthe

120

day

prohibited

period.

TheclearimportoftheCourtspronouncementin

AkbayanYouth is that had therein petitioners

filedtheirpetitionandsoughtanextensiondate

thatwasbeforethe120dayprohibitiveperiod,

theirprayerwouldhavebeengrantedpursuantto

themandateofRA8189(AbsenteeVoting).Inthe

presentcase,asreflectedearlier,both thedates

offilingofthepetition(October30,2009)andthe

extensionsought(untilJanuary9,2010)areprior

to the 120 day prohibitive period. The Court

therefore,finds

no

legal

impediment

to

the

extension prayed for. (Kabataan partylist v.

COMELEC,G.R.No.189868,Dec.15,2009)

Q:Whatisabsenteevoting?

A:Itisaprocessbywhichqualifiedcitizensofthe

Philippines abroad exercise their right to vote

pursuant to the constitutional mandate that

Congress shall provide a system for absentee

votingbyqualifiedFilipinosabroad(Sec.2,Art.V,

1987 Constitution). Absentee voting is an

exception to the sixmonth/one year residency

requirement. (Macalintal v. Romulo, G.R. No.

157013,July10,2003)

Note:TheconstitutionalityofSec.18.5ofR.A.9189

(AbsenteeVoting)isupheldwithrespectonlytothe

authority given to the COMELEC to proclaim the

winning candidates for the Senators and partylist

representativesbutnotas to thepower tocanvass

votes and proclaim the winning candidates for

PresidentandVicepresident.(Ibid.)

Q:Whoarequalifiedtovoteundertheabsentee

votinglaw?

A:Allcitizensof thePhilippinesabroad,whoare

not otherwise disqualified by law, at least

eighteen (18) years of age on the day of the

elections,mayvote forpresident,vicepresident,

senators and partylist representatives. (Sec. 4,

R.A.9189)

Q:Who are disqualified from voting under the

absenteevotinglaw?

A:

1. Those who have lost their Filipino

citizenship in accordance with

Philippinelaws;

2. Those who have expressly renounced

their Philippine citizenship and who

have pledged allegiance to a foreign

country;

3.

Those who have committed and are

convictedinafinaljudgmentbyacourt

or tribunalofanoffensepunishableby

imprisonment of not less than one (1)

year, including those who have

committed and been found guilty of

DisloyaltyasdefinedunderArt.137of

theRevisedPenalCode, suchdisability

not having been removed by plenary

pardonor

amnesty;

Note:However,anypersondisqualifiedto

vote under this subsection shall

automatically acquire the right to vote

upon expiration of five (5) years after

serviceofsentence;Providedfurther,that

the Commissionmay take cognizance of

finaljudgmentsissuedbyforeigncourtsor

161








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tribunals only on the basis of reciprocity

and subject to the formalities and

processesprescribed bytheRulesofCourt

onexecutionofjudgments;

4. An immigrant or a permanent resident

who

is

recognized

as

such

in

the

host

country

Note: An immigrant or permanent

resident may vote if he/she executes,

upon registration, an affidavit prepared

for the purpose by the Commission

declaring that he/she shall resume actual

physical permanent residence in the

Philippines not later than three (3) years

from approval of his/her registration

under this Act. Such affidavit shall also

state that he/she has not applied for

citizenship

in

another

country.

Failure

to

returnshallbethecause for the removal

of the name of the immigrant or

permanent resident from the National

Registry of Absentee Voters and his/her

permanent disqualification to vote in

absentia.

5.

Any citizen of the Philippines abroad

previously declared insane or

incompetentbycompetentauthority in

thePhilippinesorabroad,asverifiedby

thePhilippine embassies,consulatesor

foreign

service

establishments

concerned

Note: Unless such competent authority

subsequently certifies thatsuch person is

no longer insane or incompetent. (Sec.5,

AbsenteeVotingLaw)

Q:Howisregistrationdoneforabsenteevoters?

A: Registration as an overseas absentee voter

shall be done in person (Sec. 6, R.A. 9189,

AbsenteeVotingLaw)

Q:Howshallvotingbedone?

A:

1.

The overseas absentee voter shall

personally accomplish his/her ballot at

theembassy,consulateorotherforeign

service establishment that has

jurisdiction over the country where

he/she temporarily resides or at any

pollingplacedesignatedandaccredited

by theCommission. (Sec.16,R.A.9189

AbsenteeVotingLaw)

2. The overseas absentee voter may also

vote

by

mail.(R.A.

9189

Absentee

VotingLaw)

Q:Whenmayvotingbymailbeallowed?

A: Voting by mail may be allowed in countries

thatsatisfythefollowingconditions:

1. Wherethemailingsystemisfairlywell

developed and secure to prevent the

occasionoffraud

2.

Where there exists a technically

established identification system that

would

preclude

multiply

or

proxyvoting;and

3. Where the system of reception and

custody of mailed ballots in the

embassies,consulatesandotherforeign

service establishments concerned are

adequateandwellsecured.

Thereafter,votingbymail inanycountryshallbe

allowed only upon review and approval of the

Joint Congressional Oversight Committee. (Sec.

17.1,R.A.No.9189AbsenteeVotingLaw)

Q:How

will

the

counting

and

canvassing

of

the

votesbedone?

A:

1. It shall be conducted in the country

wherethevoteswereactuallycast.The

opening of the speciallymarked

envelopes containing the ballots and

the counting and canvassing of votes

shallbeconductedwithinthepremises

of theembassies,consulatesandother

foreign service establishments or in

suchotherplacesasmaybedesignated

by the COMELEC pursuant to the

Implementing Rules and Regulations.The COMELEC shall ensure that the

start of counting in all polling places

abroad shall be synchronized with the

startofcountinginthePhilippines.

2.

The COMELEC shall constitute as many

SpecialBoardsofElection Inspectorsas

may be necessary to conduct and

supervisethecountingofvotes.







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ELECTION LAW

3. Immediately upon completion of the

counting,theSpecialBoardsofElection

Inspectors shall transmit via facsimile

and/orelectronicmailtheresultstothe

Commission in Manila and the

accreditedmajor political parties. (Sec.

18,R.A.9189AbsenteeVotingLaw)

Q: Can the canvass of the overseas absentee

votesdelaytheproclamationofwinners?

A:No, if theoutcomeof theelectionwillnotbe

affected by the results thereof.Notwithstanding

the foregoing, the COMELEC is empowered to

order the proclamation of winning candidates

despite the fact that the scheduled electionhas

not yet taken place in a particular country or

countries, if theholdingofelections thereinhas

beenrenderedimpossiblebyevents,factors,and

circumstancespeculiar

to

such

country

or

countries, and which events, factors and

circumstances are beyond the control or

influence of the COMELEC. (Sec. 18, RA 9189

AbsenteeVotingLaw)

Q: What kind of registration system do the

Philippineshave?

A:

1. Continuing

2. Computerized;and

3.

Permanent







d.INCLUSIONANDEXCLUSIONPROCEEDINGS

Q: Which court has jurisdiction over inclusion

andexclusionproceedings?

A:

1. MTC originalandexclusive

2. RTC appellatejurisdiction

3. SC appellatejurisdiction over RTC on

questionoflaw

Q: Who may file a petition in an inclusion or

exclusionproceedings?

A:

1.

Inclusion

a.

Any private person whose application

was disapproved by the Election

RegistrationBoardorwhosenamewas

strickenoutfromthelistofvoters

b. COMELEC

2. Exclusion

a. Any registered voter in the city or

municipality

b.

Representativeof

political

party

c. Electionofficer

d. COMELEC (BP 881 Omnibus Election

Code)

Q:What is theperiod for filingapetition inan

inclusionorexclusionproceeding?

A:

1. Inclusion any day except 105 days

before regular election or 75 days

before a special election. (COMELEC

Reso.No.8820)

2.

Exclusion anytime

except

100

days

before a regular election or 65 days

before a special election. (COMELEC

Reso.No.9021)

Q: Do decisions in an inclusion or exclusion

proceedingsacquirethenatureofresjudicata?

A: No. The proceedings for the exclusion or

inclusion of voters in the list of voters are

summary in character. Except for the right to

remain inthe listofvotersorforbeingexcluded

therefromfortheparticularelectioninrelationto

whichtheproceedingshadbeenheld,adecision

in an exclusion or inclusion proceeding, even if

final and unappealable, does not acquire the

natureof resjudicata. In this sense, itdoesnot

operateasabartoanyfurtheractionthataparty

may takeconcerning the subjectpassedupon in

theproceeding. Thus, adecision in anexclusion

proceedingwould neither be conclusive on the

voters political status, nor bar subsequent

proceedings on his right to be registered as a

voter in any other election. (Domino vs.

COMELEC,G.R.No.134015,July19,1999)

e.POLITICALPARTIES

Q:Whatisapoliticalparty?

A: A political party is any organized group of

citizens advocating an ideology or platform,


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USTGOLDENNOTES2011

principlesandpoliciesforthegeneralconductof

government and which, as the most immediate

means of securing their adoption, regularly

nominatesandsupportscertainofitsleadersand

membersascandidateinpublicoffice.






Toacquirejuridicalpersonalityandtoentitleitto

rightsandprivilegesgrantedtopoliticalparties,it

mustberegisteredwithCOMELEC.(Sec.3(c),R.A.

7941)

Q:Whatisasectoralparty?

A:Asectoralpartyreferstoanorganizedgroupof

citizens belonging to any of the sectors

enumerated in Section 5, RA 7941 whose

principaladvocacypertainstothespecialinterest

and concerns of their sector. (Sec. 3 (d), R.A.

7941)

Q:Whatisasectoralorganization?

A: A sectoral organization refers to a group of

citizens or a coalition of groups of citizens who

sharesimilarphysicalattributesorcharacteristics,

employment, interests or concerns. (Sec. 3 (e),

R.A.7941)

Q:What are thegrounds for therefusal and/or

cancellationofregistrationofapoliticalparty?

A:

1.

It is a religious sect or denomination,

organization or association, organized

forreligiouspurposes

2. Itadvocatesviolenceorunlawfulmeans

toseekitsgoal

3.

Itisaforeignpartyororganization

4.

It isreceivingsupport fromany foreign

government, foreign political party,

foundation, organization, whether

directlyorthroughanyof itsofficersor

members or indirectly through third

parties

for

partisan

election

purposes

5. It violates or fails to comply with laws,

rulesorregulationsrelatingtoelections

6. It declares untruthful statements in its

petition

7. Ithasceasedtoexistforatleastone(1)

year;or

8. It fails toparticipate in the last two (2)

precedingelectionsorfailstoobtainat

leasttwopercentum(2%)ofthevotes

cast under the partylist system in the

two (2) preceding elections for the

constituency inwhich ithasregistered.

(Sec.6, R.A.7941)

f.CANDIDATES

1.QualificationsofCandidates

Q:WhatarethequalificationsforPresidentand

VicePresidentofthePhilippines?

A:

1.

NaturalborncitizenofthePhilippines

2. Registeredvoter

3. Abletoreadandwrite

4.

At least 40 years of age at the day of

election

5.

Andaresident

of

the

Philippines

for

at

least ten years immediately preceding

such election. (Sec. 63, B.P. No. 881


Q: What are the qualifications of elective local

officials?

A:

1. MustbeacitizenofthePhilippines

2. A registered voter in the barangay,

municipality,city,orprovinceor, inthe

case of a member of the sangguniang

panlalawigan,sangguniang

panlungsod,

orsanggunianbayan,thedistrictwhere

heintendstobeelected

3.

A resident therein for at least one (1)

year immediately preceding the day of

theelection

4. And able to read and write Filipino or

anyotherlocallanguageordialect.(Sec.

39, R.A. No. 7160 Local Government

CodeofthePhilippines)

Q:Whatarethegroundsfordisqualificationofa

candidate?

A:

1. Declared as incompetent or insane by

competentauthority

2. Convicted by final judgment for

subversion, insurrection, rebellion, or

any offense for which he has been

sentenced to a penalty of 18 months

imprisonment


9/25

ELECTION LAW

3. Convictedbyfinaljudgmentforacrime

involvingmoralturpitude

4. Election offenses under Sec. 68 of the

OmnibusElectionCode

5.

Committing acts of terrorism to

enhancecandidacy

6. Spending in his election campaign an

amountin

excess

of

that

allowed

7.

Soliciting, receiving,making prohibited

contributions

8.

Not possessing qualifications and

possessing disqualifications under the

LocalGovernmentCode

9. Sentenced by final judgment for an

offenseinvolvingmoralturpitudeorfor

an offense punishable by one year or

moreofimprisonmentwithintwoyears

afterservingsentence

10. Removed from office as a result of an

administrativecase

11. Convicted by final judgment for

violatingthe

oath

of

allegiance

to

the

Republic

12. Dualcitizenship (morespecifically,dual

allegiance)

13. Fugitivesfromjusticeincriminalornon

politicalcaseshereorabroad

14. Permanent residents in a foreign

countryorthosewhohaveacquiredthe

right to reside abroad and continue to

availofthesameright

15.

Insaneorfeebleminded

16.

Nuisancecandidate

17.

ViolationofSec.73OECwithregard to

COC

18.

Violationof

Sec.

78:

material

misrepresentationintheCOC

Note: When a candidate has not yet been

disqualified by final judgment during the election

day andwas voted for, the votes cast in his favor

cannotbedeclaredstray.(Codillav.DeVenecia,G.R.

No.150605,Dec.10,2002)







2.FilingofCertificatesofCandidacy

Q:

What

is

a

certificate

of

candidacy

(CoC)?

A: It is the formal manifestation to the whole

worldofthecandidatespoliticalcreedor lackof

politicalcreed.

Note:ACOCmaybeamendedbeforetheelections,

evenafterthedateofitsfiling

Provisions of the election law on certificates of

candidacy aremandatory in terms.However, after

theelections,theyareregardedasdirectorysoasto

giveeffecttothewilloftheelectorate.(SayaAngSr.

v.COMELEC,G.R.No.155087,November28,2003)

Q:What

is

the

purpose

of

the

law

in

requiring

thefilingofcertificateofcandidacyandinfixing

thetimelimittherefor?

A:

1.

Toenable the voters to know, at least

60daysbeforetheregularelection,the

candidates amongwhom they have to

choose,and

2. To avoid confusion and inconvenience

in the tabulation of the votes cast.

(Miranda v. Abaya, G.R. No. 136351,

July28,1999)

Q:KaRogerwenttoLagunatofilehisCOC.The

electionofficerrefusedtoreceiveKaRogersCoC

because he seeks to achieve his goals through

violence.Istherefusalvalid?

A:No.Itistheministerialdutyonthepartofthe

election officer to receive and acknowledge

receipt of the CoC. The question ofwhether or

not a person is disqualified belongs to another

tribunalinanappropriatedisqualificationcase.

Q: What is the effect of filing a certificate of

candidacy on the tenure of incumbent

governmentofficials?

A:

1. AppointiveofficialSec.66of theOEC

provides that any person holding an

appointive office or position, including

activemembersoftheArmedForcesof

the Philippines, and officers and

employees in GOCCs, shall be

considered ipso facto RESIGNED from

his office upon the filing of his

certificate of candidacy. Such

resignationis

irrevocable.

2. Elective official No effect. The

candidate shallcontinue toholdoffice,

whetherheisrunningforthesameora

different position. (Sec. 14, Fair

ElectionsActexpressly repealedSec.67

ofBP881)


10/25

USTGOLDENNOTES2011

Q:Dothedeemedresignedprovisionswhichare

applicable to appointive officials and not with

elective officials violate the equal protection

clauseoftheconstitution?

A: No. The legal dichotomy created by the

Legislature isareasonableclassification,asthere

are material and significant distinctions between

thetwoclassesofofficials.Thisisbecauseelected

publicofficials,bytheverynatureoftheiroffice,

engage in partisan political activities almost all

yearround,evenoutsideofthecampaignperiod.

Politicalpartisanshipistheinevitableessenceofa

political office, elective positions included. The

equal protection of the law clause in the

Constitution is not absolute, but is subject to

reasonable classification. Substantial distinctions

clearly exist between elective officials and

appointive

officials.

The

former

occupy

their

officebyvirtueofthemandateoftheelectorate.

They are elected to an office for a definite term

and may be removed therefrom only upon

stringent conditions. On the other hand,

appointive officials hold their office by virtue of

their designation thereto by an appointing

authority. Some appointive officials hold their

officeinapermanentcapacityandareentitledto

security of tenure while others serve at the

pleasure of the appointing authority. (Quinto v.

COMELEC,Feb.22,2010,G.R.189698)

Q:WhatisthedutyoftheCOMELECinreceiving

CoCs?

A:

GR:WhenacandidatefileshisCOC,theCOMELEC

hasaministerialdutytoreceiveandacknowledge

itsreceiptpursuanttoSection76,oftheElection

Code. The COMELEC may not, by itself, without

the proper proceedings, deny due course to or

cancel a COC filed in due form. (Luna vs.

COMELEC,G.R.No.165983,April24,2007)

XPN:

1.

Nuisance candidatesSec. 69 of the

OEC

2. Petitiontodenyduecourseortocancel

aCOCSec.78oftheOEC

166

3. Filingofadisqualificationcaseonanyof

thegroundsenumerated inSection68,

OEC.

Q:CanyouwithdrawtheCoC?

A:Yes.ApersonwhohasfiledaCoCmay,priorto

theelection,withdrawthesamebysubmittingto

the office concerned (COMELEC) a written

declaration under oath. (Sec. 73, Omnibus

ElectionCode)

Q:OnthelastdayoffilingaCoC,March31,Jose

Monsale withdrew his CoC. April 1, campaign

period started. On April 2, he wanted to run

again so he filed a written declaration

withdrawing his withdrawal. Is his act of

withdrawingthewithdrawalvalid?

A: No. The withdrawal of the withdrawal of the

CoCmadeafterthelastdayoffilingisconsidered

asfilingofanewCoC.Hence, itwasnotallowed

since

it

was

filed

out

of

time.(Monsale

v.

Nico,

G.R.No.L2539,May28,1949)

Q: Explain the concept of substitution of

candidacy.

A:Ifafterthelastdayforthefilingofcertificates

of candidacy, an official candidate of a political

party:(1)dies,(2)withdrawsor is(3)disqualified

for any causea person belonging to, and

certified by, the same political party may file a

certificateofcandidacynot laterthanmiddayof

election

day

to

replace

the

candidate

who

died,

withdrew or was disqualified. (COMELEC Reso.

No.9140)

Note:However,nosubstitutionshallbeallowed forany

independentcandidate.(Ibid.)

Q:Whataretherequisitesforvalidsubstitution?

A:

GR:

1. Thesubstitutemustbelongtothesame

party2.

The deceased, disqualified or

withdrawn candidate must have duly

file a valid certificate of candidacy.

(Ibid.)

XPN: Thisdoesnotincludethosecaseswherethe

certificate of candidacy of the person to be

substituted had been denied due course and

canceled under Section 78 of the Omnibus

POLITICALLAWTEAM:






11/25

ELECTION LAW

Election Code. While the law enumerated the

occasion where a candidate may be validly

substituted, there is no mention of the case

where a candidate is excluded not only by

disqualification but also by denial and

cancellationofhiscertificateofcandidacy.(Ongv.

Alegre,G.R.No.163295,January23,2006)

Q:Whenmaysubstitutiontakeplace?

A: Substitution can only take place on the first

dayofcampaignperioduntilnot later thanmid

dayofelectionday.(COMELECReso.No.9140)

Q:Martin de Guzman diedwhile campaigning.

Hissonsubstitutedhim.Votersonthedayofthe

election wrote Martin de Guzman instead of

castingthesameinthenameofhisson,Joelde

Guzman.Shouldthevotesbecountedinfavorof

Joel?

A: Yes. As a general rule, the same will be

considered as stray votes butwillnot invalidate

thewholeballot.Exceptioniswhenthesubstitute

carriesthesamefamilyname.(Sec.12, R.A9006)

Q: In the1998election,MayorMirandaalready

served 8 consecutive terms, yet he still filed a

CoC. As a result, Abaya filed a disqualification

case. COMELEC then disqualified Miranda and

cancelled his CoC. The son of Miranda, Joel,

uponnomination

of

their

political

party,

filed

a

certificateofsubstitute.JoelMirandawon.Was

thesubstitutionvalid?

A:Therewasnovalidsubstitution.COMELECdid

notonlydisqualifyMirandabutalsocancelledhis

CoC.Therefore,hecannotbevalidlysubstituted.

Adisqualifiedcandidatemayonlybesubstituted

ifhehad a valid CoC because if thedisqualified

candidate did not have a valid and seasonably

filed CoC, he is andwas not a candidate at all.

(Miranda v. Abaya, G.R. No. 136351, July 28,

1999)

Q:Sincetherewasnovalidsubstitution,should

thecandidatewhoobtained thesecondhighest

votebeproclaimed?Whowill thenassume the

positionofmayorship?

167

A: No. Under the doctrine on the rejection of

secondplacer,thesecondplacerisjustlikethat

second placer. He was not the choice of the

electorate. The wreath of victory cannot be

transferredtotherepudiatedloser.Followingthe

ruleon succession, it is theViceMayorwhowill

assume the position of mayorship. (Cayat v.

COMELEC,G.R.No.163776,Apr.24,2010)

Q: What is the effect of reacquisition of

Philippine citizenship as to the

domicile/residencerequirementforrunningasa

mayoraltycandidate?

A: Reacquisition of Philippine citizenship under

R.A.9225hasnoautomaticimpactoreffectona

candidatesresidence/domicile.Hemerelyhasan

option to again establish his domicile in the

municipality,which place shall become his new

domicile of choice. The length of his residence

thereinshall

be

determined

from

the

time

he

made it his domicile of choice and it shall not

retroact to the time of his birth. (Japson v.

COMELEC,G.R.No.180088,Jan.19,2009)

Q:Mayasecondplacerbedeclaredelected?

A:

GR:No.

XPN:

1. If the one who obtained the highest

number

of

votes

is

disqualified

and

2. Theelectorateisfullyawareinfactand

inlawofthecandidatesdisqualification

so as to bring such awareness within

the realm of notoriety but would

nonethelesscast theirvotes infavorof

the ineligible candidate. (Grego v.

COMELEC, G. R. No. 125955,June 19,

1997)

Q:What istheeffectoffilingtwocertificatesof

candidacy?

A: Filing of two (2) certificates of candidacy

disqualifies the person to run for both elective

positions. (Sec. 73, B.P. 881 Omnibus Election

Code)

Q: Who may be considered a nuisance

candidate?








12/25

USTGOLDENNOTES2011

A: They are candidates who have no bona fide

intentiontorun fortheofficeforwhichtheCOC

has been filed and would thus prevent a faithful

election.Anduponshowingthat:

1.

Saidcertificatehasbeenfiledtoputthe

election

process

in

mockery

or

disrepute

2. Tocauseconfusionamongthevotersby

the similarity of the names of the

registeredcandidates;or

3. By other circumstances or acts which

demonstrate that a candidate has no

bonafideintentiontorunfortheoffice

for which his certificate of candidacy

has been filed and thus prevent a

faithfuldeterminationofthetruewillof

the electorate. (Tajanan v. COMELEC,

G.R.No.104443,Apr.13,1992)

TheCOMELECmay,motupropriooruponverified

petitionofaninterestedparty,refusetogivedue

course to or cancel a certificate of candidacy

uponshowingoftheabovestatedcircumstances.

(Sec.69,B.P.881OmnibusElectionCode)

Q:AandBwere theonlycandidates formayor

of Bigaa, Bulacan in the May 1995 local

elections. A obtained 10,000 votes as against

3,000 votes for B. In the same elections, X got

the highest number of votes among the

candidates for the Sangguniang Bayan of the

same town. A died the day before his

proclamation.

1.

Who should the Board of Canvassers

proclaim as elected mayor, A, B or X?

Explain.






2.

Who is entitled to discharge the functions

oftheofficeofthemayor,BorX?Explain.

A: It is A who should be proclaimed as winner,

because he was the one who obtained the

highest number of votes for the position of

mayor,

but

a

notation

should

be

made

that

he

died for the purpose of applying the rule on

successiontooffice.

1. B cannot be proclaimed, because the

death of the candidate who obtained

the highest number of votes does not

entitle thecandidatewhoobtainedthe

next highest number of votes to be

proclaimed the winner, since he was

notthechoiceoftheelectorate.Xisnot

entitled to be proclaimed elected as

mayor, because he ran for the

SangguniangBayan.

2. NeitherBnorX isentitledtodischarge

thefunctions

of

the

office

of

mayor.

B

is

not entitled to discharge the office of

mayor, since he was defeated in the

election. X is not entitled to discharge

theofficeofmayor.UnderSection44of

the Local Government Code, it is the

vicemayorwhoshouldsucceed incase

of permanent vacancy in the office of

themayor. It isonly when theposition

ofthevicemayorisalsovacantthatthe

memberoftheSangguniangBayanwho

obtained the highest number of votes

will succeed to the office of mayor.

(Benito v. COMELEC, G.R. No. 106053

Aug.17,

1994)

Q:Whencanapersonfileapetitiontodenydue

coursetoorcancelacertificateofcandidacy?

A:Averifiedpetitionseekingtodenyduecourse

ortocancelacertificateofcandidacymaybefiled

bythepersonexclusivelyonthegroundthatany

material representation contained therein as

required under Section 74 of the Omnibus

ElectionCodeisfalse.Thepetitionmaybefiledat

anytimenotlaterthantwentyfive(25)daysfrom

the

time

of

the

filing

of

the

certificate

of

candidacy and shall be decided, after due notice

and hearing, not later than fifteen days before

theelection.

g.CAMPAIGN

1.PrematureCampaigning

Q:Whatisanelectioncampaign?

A: It refers to an act designed to promote the

election or defeat of a particular candidate or

candidatestoapublicofficewhichshallinclude:

1.

Forming organizations, associations,

clubs, committees or other groups of

persons for the purpose of soliciting

votesand/orundertakinganycampaign

fororagainstacandidate

2.

Holdingpoliticalcaucuses,conferences,

meetings, rallies, parades, or other


13/25

ELECTION LAW

similar assemblies, for the purpose of

solicitingvotesand/orundertakingany

campaignorpropaganda fororagainst

acandidate

3.

Making speeches, announcements or

commentaries,orholdinginterviewsfor

oragainsttheelectionofanycandidate

forpublic

office

4.

Publishing or distributing campaign

literature or materials designed to

support or oppose the election of any

candidate;or

5. Directly or indirectly soliciting votes,

pledges or support for or against a

candidate (Sec. 79, B.P. 881 Omnibus

ElectionCode).

Note: The foregoing enumerated acts ifperformed

for the purpose of enhancing the chances of

aspirants for nomination for candidacy to a public

office

by

a

political

party,

aggroupment,

or

coalition

of parties shall not be considered as election

campaignorpartisanelectionactivity.

Public expressions or opinions or discussions of

probable issues in a forthcoming election or on

attributes of or criticisms against probable

candidates proposed to be nominated in a

forthcoming political party convention shall not be

construed as part of any election campaign or

partisan political activity contemplated under the

OEC.(Sec.79,B.P.881OmnibusElectionCode)

Q:Discuss

the

period

of

campaign

A:

1. Presidential and Vice presidential

election90days;

2. Election of members of the Congress

andlocalelection45days;

3. BarangayElection15days

4.

SpecialelectionunderArt.VIII,Sec.5(2)

oftheConstitution45days

Note: The campaign periods shall not include the

daybeforeandthedayoftheelection(Sec.3OEC)

Q: What is the rule against premature

campaigning?

A:Itshallbeunlawfulforanyperson,whetheror

not a voter or candidate, or for any party, or

association of persons, to engage in an election

campaign or partisan political activity except

duringthecampaignperiod.(Sec.80,B.P.881).

Theuseof lawfulelectionpropagandaunderthe

FairElectionsActissubjecttothesupervisionand

regulation by the COMELEC in order to prevent

prematurecampaigningandtoequalize,asmuch

as practicable, the situation of all candidatesby

preventing popular and rich candidates from

gainingundue

advantage

in

exposure

and

publicity on account of their resources and

popularity.(Chavezv.COMELEC,G.R.No.162777,

August31,2004)

Q. Petitioner Penera and respondent Andanar

ranformayorofSta.Monica,SurigaoDelNorte

during the May 14, 2007 elections. Peneras

political party held amotorcade preceding the

filingofhercertificateofcandidacyannouncing

her candidacy for mayor. Because of this,

AndanarfiledapetitiontodisqualifyPenerafor

engagingin

premature

campaigning

in

violation

ofSec.80and68of theOmnibusElectionCode.

Does the act of campaigning for votes

immediatelyprecedingthefilingofcertificateof

candidacy violate the prohibition against

prematurecampaigning?

A.Thecampaignperiodforlocalofficialsbeginon

30March2007andendson12May2007.Penera

filed her certificate of candidacy on 29 March

2007.Penerawas thusacandidateon29March

2009 only for purposes of printing the ballots

underSec.11

of

R.A.

8436.On

29

March

2007,

the

law stilldidnot considerPeneraa candidate for

purposesother than theprintingofballots.Acts

committedbyPenerapriorto30March2007,the

date when she became a "candidate," even if

constituting election campaigning or partisan

political activities, are not punishable under

Section 80 of theOmnibus Election Code. Such

actsarewithin therealmofacitizensprotected

freedomofexpression.ActscommittedbyPenera

within the campaign period are not covered by

Section 80 as Section 80 punishes only acts

outsidethe

campaign

period.

Inlaymanslanguage,thismeansthatacandidate

isliableforanelectionoffenseonlyforactsdone

during thecampaignperiod,notbefore.The law

is clear as daylight any election offense that

may be committed by a candidate under any

election law cannot be committed before the

169








14/25

USTGOLDENNOTES2011






start of the campaign period. (Penera v.

COMELEC,G.R.No.181613,Nov.25,2009)

Q: When can a person be considered a

candidate?

A: A candidate refers to any person aspiring for

orseekinganelectivepublicoffice,whohasfiled

acertificateofcandidacybyhimselforthroughan

accredited political party, aggroupment or

coalition of parties. However, it is no longer

enough to merely file a certificate of candidacy

for a person to be considered a candidate

because "any person who files his certificate of

candidacy within the filing period shall only be

considered a candidate at the start of the

campaignperiodforwhichhefiledhiscertificate

of candidacy." Any person may thus file a

certificate

of

candidacy

on

any

day

within

the

prescribed period for filing a certificate of

candidacy yet that person shall be considered a

candidate, for purposes of determining ones

possible violations of election laws, only during

the campaign period. (Penera v. COMELEC,G.R.

No.181613,Nov.25,2009)

2.ProhibitedContributions

Q: What are considered as lawful election

propaganda?

A:

1.

Written printed materials (does not

exceed8in.widthby14in.length)

2.

Handwritten/printedletters

3. Posters (not exceeding 2 x 3 ft.).

However, a public meeting or rally, at

thesiteandontheoccasionofapublic

meeting or rally, may be displayed five

(5) days before the date of rally but

shallberemovedwithin24hoursafter

saidrally

4.

Printads

page

in

broadsheets

and

page in tabloids thrice a week per

newspaper, magazine or other

publicationduringthecampaignperiod;

5. Broadcastmedia(i.e.TVandradio)

6. All other forms of election propaganda

notprohibitedbytheOmnibusElection

CodeorthisAct.(Sec.3,R.A.No.9006)

ALLOWABLECOMELECAIRTIMEFORCANDIDATES

(FairElectionsAct)

NATIONALPOSITIONS LOCAL

POSITIONS

120minutesforTV 60minutesforTV

180minutesforradio 90minutesforradio

Note: COMELEC cannot compel newspapers of

general circulation to donate free print space as

COMELEC space without payment of just

compensation. Suchcompulsionamounts to taking;

hence,itisanexerciseofeminentdomainandnotof

policepower (PhilippinePress Institutev.COMELEC,

G.R.No.119694,May22,1995).Thepaymentofjust

compensation isnowexpressly providedundersec.

7oftheFairElectionsAct.

However,allbroadcastingstations,whetherbyradio

or television stations, which are licensed by the

government, do not own the airways and

frequencies; they are merely given the temporary

privilege of using them. A franchise is a privilege

subjecttoamendment,andtheprovisionofBP881

granting free airtime to the COMELEC is an

amendmentof the franchiseofradioand television

stations (Telecommunications and Broadcast

Attorneys of the Philippines v. COMELEC, G.R. No.

132922, Apr. 21, 1998). Payment of just

compensation is not necessary since it is a valid

exerciseofpolicepower.

Q:A

COMELEC

resolution

provides

that

political

parties supporting a common set of candidates

shallbeallowedtopurchasejointlyairtimeand

the aggregate amount of advertising space

purchased for campaign purposes shall not

exceedthatallottedtootherpoliticalpartiesor

groups that nominated only one set of

candidates. The resolution is challenged as a

violation of the freedom of speech and of the

press. Is the resolution constitutionally

defensible?Explain.

A:

Yes,

the

resolution

is

constitutionally

defensible. Under Sec. 4, Art. IXC of the 1987

Constitution, during the election period the

COMELECmaysuperviseorregulatethemediaof

communication or information to ensure equal

opportunity, time, and space among candidates

with the objective of holding free, orderly,

honest,peaceful,andcredibleelections.Toallow

candidateswhoaresupportedbymorethanone


15/25

ELECTION LAW

political party to purchase more air time and

advertising space than candidates supported by

onepoliticalpartyonlywilldeprive the latterof

equaltimeandspaceinthemedia.

Alternative Answer: No. Although the

expenditurelimitation

applies

only

to

the

purchaseofairtime,thusleavingpoliticalparties

free to spend for other forms of campaign, the

limitation nonetheless results in a direct and

substantial reduction of the quantity of political

speech by restricting the number of issues that

can be discussed, the depth of their discussion

andthesizeoftheaudiencethatcanbereached,

throughthebroadcastmedia.

SincethepurposeoftheFreeSpeechClauseisto

promote the widest possible dissemination of

information,and

the

reality

is

that

to

do

this

requires the expenditure ofmoney, a limitation

on expenditure for this purpose cannot be

justified,not even for the purpose ofequalizing

theopportunityofpoliticalcandidates. (Gonzalez

v.COMELEC,G.R.No.L28783,Apr.18,1969)

Q:Whatare includedaselectoral contributions

andexpenditures?

A:

1.

Agift

2.

Donation

3.

Subscription

4. Loan

5. Advance or deposit of money or

anythingofvalue

6. A contract, promise or agreement of

contribution, whether or not legally

enforceable

7. Use of facilities voluntarily donated by

other persons, the money value of

which can be assessed based on the

ratesprevailinginthearea

8. Madeforthepurposeofinfluencingthe

resultsoftheelections

Note: Does not include services rendered without

compensationby individuals volunteeringaportion

or all of their time in behalf of a candidate or

politicalparty.(Sec.94,OEC)

171

Q:Whatareprohibitedcontributions?

A:Thosemadedirectlyorindirectlybyanyofthe

following:

1. Public or private financial institutions

(except loanstoacandidateorpolitical

party)

2. Public utilities or those exploiting

naturalresourcesofthenation

3.

Persons with contracts to supply thegovernmentwith goods or services or

toperformconstructionorotherworks

4. Grantees of franchises, incentives,

exemptions, allocations, or similar

privileges or concessions by the

government

5.

Personswho,within one year prior to

the date of the election, have been

grantedloansorotheraccommodations

in excess of P100,000 by the

government

6.

Educational institutions which have

receivedgrantsofpublicfundsnot less

thanP100,000

7. Officials or employees in the Civil

Service or members of the Armed

ForcesofthePhilippines;and

8.

Foreigners and foreign corporations.

(Sec. 95, B.P. 881 Omnibus Election

Code)

Q:Whatareprohibitedmeansofraisingfunds?

A:

1.

Holdinganyofthefollowingactivities:

a. Dances

b.

Lotteries

c. Cockfights

d.

Games

e.

Boxingbouts

f.

Bingo

g.

Beautycontests

h. Entertainments

i. Cinematographic, theatrical,

orotherperformancesforthe

purpose of raising funds for

an election campaign or for

the support of any candidate

from the commencement of

the election period up to an

electionday.

2.

Itshallalsobeunlawful foranyperson

ororganization to solicitand/oraccept

fromanycandidateforpublicofficeany

gift, food, transportation, contribution

ordonation incashor inkindformthe

commencement of the election period

and including election day, except








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normal and customary religious

stipends,tithes,orcollections.(Sec.97,

OEC)

Q:Whatarelawfulexpenditures?

A:

1. Fortravelingexpenses

2. Compensation of campaigners, clerks,

stenographers, messengers and other

persons actually employed in the

campaign

3. Telegraphandtelephonetolls,postage,

freightandexpressdeliverycharges

4. Stationery, printing and distribution of

printedmattersrelativetocandidacy

5. Employmentofwatchersatthepolls

6.

Rent, maintenance and furnishing of

campaign headquarters, office or place

ofmeetings

7.

Politicalmeetings

or

rallies

8. Advertisements

9.

Employment of counsel, the cost of

whichshallnotbetakenintoaccountin

determining the amount of expenses

whichacandidateorpoliticalpartymay

haveincurred

10. Copying and classifying list of voters,

investigating and challenging the right

tovoteofpersonsregisteredinthelists,

thecostofwhichshallnotbetakeninto

account in determining the amount of

expenseswhichacandidateorpolitical

partymayhaveincurred

11.

Printing

sample

ballots,

the

cost

of

whichshallnotbetakenintoaccountin

determining the amount of expenses

whichacandidateorpoliticalpartymay

have incurred. (Sec. 102, B.P. 881







Q:Whatarethe limitationsonexpensesforthe

candidatesandpoliticalparties?

A:

1.

Forcandidates

a.

President and VicePresident

P10/voter

b. Other candidates, ifwithparty

P3/voter

c. Othercandidates,ifwithoutparty

P5/voter

2. For political parties P5/voter

(COMELECResolutionNo.8758)

Q: What is a statement of contribution and

expenses?

A: Every candidate and treasurer of the political

party shall, within 30 days after the day of the

election, file in duplicate with the offices of the

COMELEC, the full, true and itemized statement

of all contributions and expenditures in

connectionwiththeelection.(Sec.14,R.A.7166)

Q:Istheconductofelectionsurveyprohibited?

A: No. The SC held that Sec. 5.4 of the Fair

Election Act prohibiting publication of survey

results15days immediatelyprecedinganational

election and 7 days before a local election

violates the constitutional rights of speech,

expressionandthepressbecause:

1. It imposes a prior restraint on the

freedomofexpression

2. It is a direct and total suppressionof a

categoryofexpressionandeventhough

such suppression is only for a limited

period;and

3. Thegovernmentalinterestsoughttobe

promoted can be achieved by means

other than thesuppression of freedom

of expression (SWS v. COMELEC, G.R.

No.147571,May5,2001)

h.BOARDOFCANVASSERS

Q: What is the composition of the Board of

Canvassers(BoC)?

A:

1. Provincial board of canvassers the

provincial board of canvassers shall be

composed of the provincial election

supervisor or a senior lawyer in the

regional office of the Commission, as

chairman,

the

provincial

fiscal,

as

vice

chairman, and the provincial

superintendent of schools, and one

representative from each of the ruling

party and the dominant opposition

political party in the constituency

concerned entitled to be represented,

asmembers.


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ELECTION LAW

2. Cityboardofcanvassers thecityboard

ofcanvassersshallbecomposedofthe

cityelectionregistraroralawyerofthe

Commission,aschairman,thecityfiscal

and thecity superintendentofschools,

and one representative from each of

theruling

party

and

the

dominant

oppositionpoliticalpartyentitled tobe

represented,asmembers.

3. District board of canvassers of

MetropolitanManila thedistrictboard

of canvassers shall be composed of a

lawyeroftheCommission,aschairman,

and a ranking fiscal in the district and

the most senior district school

supervisor in the district to be

appointed upon consultation with the

Ministryof

Justice

and

the

Ministry

of

Education, Culture and Sports,

respectively, and one representative

from each of the ruling party and the

dominant opposition political party in

the constituency concerned, as

members.







4. Municipal board of canvassers the

municipal board of canvassers shallbe

composedoftheelectionregistrarora

representative of the Commission, as

chairman,the

municipal

treasurer,

and

thedistrictsupervisoror inhisabsence

any public school principal in the

municipality and one representative

from each of the ruling party and the

dominant opposition political party

entitled to be represented, as

members.

5. Board of canvassersfor newly created

political subdivisions the Commission

shall constitute a board of canvassers

andappoint

the

members

thereof

for

the first election in a newly created

province,cityormunicipalityincasethe

officials who shall act as members

thereof have not yet assumed their

dutiesandfunctions(Sec.221,B.P.881)

Q: Who has supervision and control over the

boardofcanvassers?

A:TheCommission shallhavedirect controland

supervision over the board of canvassers. Any

memberof theboardof canvassersmay,atany

time,berelievedforcauseandsubstitutedmotu

propriobytheCommission.(Sec.227.,B.P.881)

Q: What is the manner of delivery and

transmittalofelectionreturns?

A:

CityandMunicipalBoardof

Canvassers

Provincialand

DistrictBoardsof

Canvassersin

Metropolitan

Manila

the copy of the election

returns,dulyplaced insidea

sealed envelope signed and

affixed with the imprint of

thethumboftherighthand

of all the members of the

boardofelectioninspectors,

shallbepersonallydelivered

by the members of the

boardofelection inspectors

to the city or municipal

board of canvassers under

proper receipt to be signed

byallthemembersthereof.

the copy of the

electionreturnsshall

be personally

delivered by the

members of the

board of election

inspectors to the

election registrar for

transmittal to the

proper board of

canvassers under

proper receipt tobe

signed by all the

membersthereof.

Theelection

registrar

concerned

shall

place

all

thereturns intendedfor theboardofcanvassers

insideaballotboxprovidedwith threepadlocks

whosekeys shallbe keptas follows:oneby the

election registrar, anotherby the representative

of the ruling party and the third by the

representative of the dominant political

oppositionparty.(Sec.229,B.P.881)

Q: How will the safekeeping of transmitted

electionreturnsbedone?

A:The

board

of

canvassers

shall

keep

the

ballot

boxes containing the election returns in a safe

and secure room before and after the canvass.

Thedoortotheroommustbepadlockedbythree

lockswiththekeysthereofkeptasfollows:

1. Onewiththechairman,

2. The other with the representative of

therulingparty,


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USTGOLDENNOTES2011

3. And the other with the representative

of the dominant opposition political

party.

The watchers of candidates, political parties,

coalition of political parties and organization

collectively

authorized

by

the

Commission

to

appointwatchersshallhavetherighttoguardthe

room. Violation of this right shall constitute an

election offense. (Sec. 230, B.P. 881 Omnibus

ElectionCode)

Q: How will the canvassing by the board be

done?

A:

1. Theboardofcanvassersshallmeetnot

laterthansixo'clockintheafternoonof

election

day

at

the

place

designated

by

the Commission toreceive theelection

returns and to immediately canvass

those that may have already been

received.

2. It shall meet continuously from day to

dayuntilthecanvass iscompleted,and

mayadjournbutonlyforthepurposeof

awaiting the other election returns

from other polling places within its

jurisdiction.

3.

Each

time

the

board

adjourns,

it

shall

makea totalofall thevotescanvassed

so far for each candidate for each

office, furnishing the Commission in

Manila by the fastest means of

communicationacertifiedcopythereof,

and making available the data

contained therein to the mass media

andotherinterestedparties.

4.

As soon as the other election returns

are delivered, the board shall

immediatelyresumecanvassinguntilall

thereturnshavebeencanvassed.

5.

Therespectiveboardofcanvassersshall

prepare a certificate of canvass duly

signed and affixed with the imprint of

the thumb of the right hand of each

member, supported by a statement of

thevotesreceivedbyeachcandidatein

each polling place and, on the basis

thereof, shall proclaim as elected the

candidates who obtained the highest

number of votes cast in the province,

city,municipalityorbarangay(Sec.231,

B.P.881).

Note: Failure tocomplywith this requirementshall

constituteanelectionoffense.

Subject to reasonable exceptions, the board of

canvassers must complete their canvass within

thirtysixhoursinmunicipalities,fortyeighthoursin

citiesandseventytwohours in provinces.Violation

hereofshallbeanelectionoffense.

WithrespecttotheelectionforPresidentandVice

President, the provincial and city boards of

canvassersshallprepareinquintuplicateacertificate

of canvass supported by a statement of votes

receivedbyeachcandidateineachpollingplaceand

transmitthefirstcopythereoftotheSpeakerofthe

Batasang

Pambansa.

The

second

copy

shall

be

transmittedtotheCommission,thethirdcopyshall

bekeptbytheprovincialelectionsupervisororcity

electionregistrar; the fourthandthefifthcopies to

each of the two accredited political parties.

(Agujetasv.CA,G.R.No.106560,August23,1996)

Q: Who are not allowed inside the canvassing

room?

A:

1. Any officer or member of the Armed

Forces of the Philippines, including the

Philippine Constabulary, or the

IntegratedNationalPolice

2. Any peace officer or any armed or

unarmedpersonsbelongingtoanextra

police agency, special forces, reaction

forces, strike forces, home defense

forces, barangay selfdefense units,

barangaytanod

3. Any member of the security or police

organizationsofgovernmentministries,

commissions,councils,bureaus,offices,

instrumentalities,

or

governmentowned or controlled corporations or

theirsubsidiaries

4.

Any member of a privately owned or

operated security, investigative,

protective or intelligence agency

performingidenticalorsimilarfunctions

toentertheroomwherethecanvassing

of the election returns are held by the







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ELECTION LAW

boardofcanvassersandwithinaradius

of fifty meters from such room. (Sec.

232,B.P.881OmnibusElectionCode)

Note:Theboardofcanvassersbyamajorityvote,if

itdeemsnecessary,maymake a call inwriting for

the detail of policemen or any peace officers for

theirprotectionorfortheprotectionoftheelection

documents and paraphernalia in the possession of

the board, or for the maintenance of peace and

order, in which case said policemen or peace

officers,who shall be inproperuniform, shall stay

outside the room within a radius of thirtymeters

near enough to be easily called by the board of

canvassersatanytime.(Ibid.)

Q: Incasetheelectionreturnsaredelayed, lost

ordestroyed,whatshouldtheBOCdo?

A:In

case

its

copy

of

the

election

returns

is

missing,theboardofcanvassersshall:

1. Obtain such missing election returns

from the board of election inspectors

concerned,or ifsaidreturnshavebeen

lostordestroyed

2.

The board of canvassers, upon prior

authority of the Commission,may use

any of the authentic copies of said

election returns or a certified copy of

said election returns issued by the

Commission,and

forthwith

3. Direct its representative to investigate

the case and immediately report the

mattertotheCommission

Note:Theboardofcanvassers,notwithstandingthe

fact that not all the election returns have been

received by it, may terminate the canvass and

proclaimthecandidateselectedon thebasisof the

available election returns if the missing election

returns will not affect the results of the election

(Sec.233,B.P.881).

Q:When

the

integrity

of

ballots

is

violated,

what

shouldtheBoCdo?

A:

1. In case of material defects in the

election returns If it should clearly

appear that some requisites in formor

data had been omitted in the election

returns, the board of canvassers shall

callforallthemembersoftheboardof

election inspectors concerned by the

most expeditiousmeans, for the same

boardtoeffectthecorrection.Incaseof

theomission in theelection returnsof

thename

of

any

candidate

and/or

his

corresponding votes, the board of

canvassers shall require the board of

election inspectors concerned to

complete the necessary data in the

election returns and affix therein their

initials (Sec. 234, B.P. 881 Omnibus

ElectionCode).

Note:The rightofacandidate toavailof

thisprovisionshallnotbe lostoraffected

by the fact that an election protest is

subsequently

filed

by

any

of

the

candidates.

2.

Incasetheelectionreturnsappeartobe

tampered with or falsified If the

electionreturnssubmittedtotheboard

of canvassers appear to be tampered

with,alteredorfalsifiedaftertheyhave

left thehandsof theboardofelection

inspectors,orotherwisenotauthentic,

or were prepared by the board of

election inspectorsunderduress,force,

intimidation, or prepared by persons

otherthanthememberoftheboardof

election inspectors, the board of

canvassersshallusetheothercopiesof

said election returns and, if necessary,

the copy inside the ballot box which

upon previous authority given by the

Commission may be retrieved in

accordance with Section 220 hereof

(Sec. 235, B.P. 881 Omnibus Election

Code).

3. In caseofdiscrepancies in the election

return if it appears to the board of

canvassers that there exists

discrepancies in the other authentic

copies of the election returns from a

polling place or discrepancies in the

votes of any candidate in words and

figuresinthesamereturn,andineither

casethedifferenceaffectstheresultsof

175








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the election, the Commission, upon

motion of the board of canvassers or

any candidate affected and after due

noticetoallcandidatesconcerned,shall

proceed summarily to determine

whether the integrity of the ballot box

hadbeenpreserved,andoncesatisfied

thereof shall order the opening of the

ballot box to recount the votes cast in

thepollingplacesolelyforthepurpose

of determining the true result of the

count of votes of the candidates

concerned (Sec.236,B.P.881Omnibus

ElectionCode).

Note: When integrity of ballots is violated. The

Commission shall not recount the ballots but shall

forthwith seal the ballot box and order its

safekeeping(Sec.

237,

B.P.

881

Omnibus

Election

Code).

Canvass of remaining or unquestioned returns to

continue.If,afterthecanvassofallthesaidreturns,

itshouldbedeterminedthatthereturnswhichhave

been setasidewillaffect theresultof theelection,

no proclamation shall be made except upon orders

oftheCommissionafterduenoticeandhearing.Any

proclamation made in violation hereof shall be null

and void (Sec. 238, B.P. 881 Omnibus Election

Code).






Q:Iftheelectionresultedintoatie,whatshould

theBOCdo?

A:Wheneveritshallappearfromthecanvassthat

two or more candidates have received an equal

and highest number of votes, or in cases where

twoormorecandidatesaretobeelectedforthe

same position and two or more candidates

received the same number of votes for the last

place in the number to be elected, the board of

canvassers,afterrecordingthisfactinitsminutes,

shallbyresolution,uponfivedaysnoticetoallthe

tied candidates, hold a special public meeting at

which the board of canvassers shall proceed to

the drawing of lots of the candidates who have

tiedandshallproclaimaselectedthecandidates

whomaybefavoredby luck,andthecandidates

so proclaimed shall have the right to assume

office in the same manner as if he had been

elected by plurality of vote. The board of

canvassers shall forthwith make a certificate

statingthenameofthecandidatewhohadbeen

favoredbyluckandhisproclamationonthebasis

thereof. (Sec. 240, B.P. 881 Omnibus Election

Code)

Q: When will the proceedings of the BoC be

consideredasanillegalproceeding?

A:ThereisanillegalproceedingoftheBOCwhen

thecanvassing isashamormereceremony, the

results of which are predetermined and

manipulated as when any of the following

circumstancesarepresent:

1. Precipitatecanvassing

2. Terrorism

3. Lackofsufficientnoticetothemembers

oftheBOC's

4. Improper venue. (Sec. 2, Rule 4,

COMELEC Resolution No. 8804, March

22,2010)

i.REMEDIESANDJURISDICTIONINELECTION

LAW

1.PetitionnottogiveduecoursetoCertificate

ofCandidacy

Q: What are the requisites for the grant of a

petition to deny due course to or cancel a

certificateofcandidacy?

A:

1. Material misrepresentation in the

qualifications for elective office, which

includesage,residency,citizenship,and

anyother legal qualifications necessary

to run for an elective office; and

2. Deliberate attempt to mislead,

misinform or hide a fact which would

otherwiserenderacandidateineligible.

Note: These two requirements must

concur towarrant the cancellationof the

certificate of candidacy.


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ELECTION LAW

Averifiedpetitionmaybefiledexclusively

on the ground that any material

representationcontainedinthecertificate

asrequiredunderSection74 isf

ust golden notes - election law

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