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Plebiscite the electoral process by which an initiative on the Constitution is approved or rejected by the people; it also the means by which the voters in affected areas consent or object to the change in the form of local government. Initiative the power of the people to propose amendments to the Constitution or to propose and enact legislations through an election called for the purpose. Referendum the power of the electorate to approve or reject legislation through an election called for the purpose. Recall a mode of removal of a local elective official by the people before the end of his term of office. Theory on Suffrage prevailing in the Philippines: Suffrage is both a right and a privilege. It is a right because it is the expression of the sovereign will of the people. It is a privilege because its exercise is granted not to everybody but to the persons or class of persons as are most likely to exercise it for the purpose of the public good. System of Election Adopted in the Philippines: Since 1901, the Australian system, first conceived by Francis Dutton, a member of the Legislature of South Australia. The distinguishing feature of the system is STRICT SECRECY IN BALLOTING. Election Period: Unless otherwise fixed by the Commission in special cases, the election period shall commence ninety days before the day of election and shall end thirty days thereafter (Sec. 9, Art. IX-C, 1987 Constitution). Campaign Period: 3. Presidential and Vice Presidential Election 90 days; 4. Election of Members of Congress and Local Election 45 days; and Barangay Election 15 days 4. Special Election under Art. VIII, Sec. 5, Subsection (2) of the Constitution 45 days.
2. Special one held to fill any vacancy in an office before the expiration of the full term for which the incumbent was elected.
Written and Edited by: APAYA, Edrian and DAVID, Jose Angelo. REFERENCES: Relevant laws, jurisprudence and San Beda Law BarOps Memory Aid. Please notify the author/s concerned for corrections, suggestions and comments.
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4. Petitions for the postponement, declaration of failure of election and the calling of special elections (Loong v. COMELEC); and 5. The COMELEC en banc has the power to prosecute election cases, and in the exercise of such prosecutory power, it conducts preliminary investigation, decides whether or not there exists a probable cause and files the corresponding information in court. (Faelnar v. People). Powers and Functions: 1. Enforcement and Administration of Election Laws and Regulations 2. Power to ensure free, honest, orderly credible and peaceful elections. 3. Rule Making Power 4. Quasi-Legislative Functions 5. Quasi-Judicial Power 6. Contempt and Subpoena 7. Auxiliary writs and processes 8. Specific Powers a. Power to declare failure of elections Two conditions must concur before the COMELEC can act on a petition seeking to declare a failure of elections: i. No voting took place in the precinct or precincts on the date fixed by law, or even if there was voting, the election resulted in failure to elect; and ii. The votes not cast would have affected the result of the elections. (Dibratun v. Comelec) *The cause of such failure of election could only be any of the following: force majeure, violence, terrorism, fraud, or other analogous cases. b. Power to call for special elections In fixing the date for special elections, the Comelec should see to it that: i. It should not be later than 30 days after the cessation of the cause of the postponement or suspension of the election or failure to elect; and
History of Election 1. 1897 Biak na Bato Constitution No suffrage 2. 1899 Malolos Constitution No suffrage 3. 1935 Constitution -Suffrage is limited to male citizens, 21 years of age, and able to read and write. -Suffrage for women is subject to plebiscite of 300,000 women. 4. 1973 Constitution -suffrage is mandatory. Failure to register is an election offense. 5. 1987 Constitution
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This stand-by power, however, does not apply to fixing the date of registration of votes because Sec. 8 of R.A. 8189, which provides for a continuing registration of voters, specifically states that: No registration shall, however, be conducted during the period starting one hundred twenty (120) days before a regular election and ninety (90) days before a special election.
c. Power to postpone elections d. Power to correct manifest errors in election documents With the introduction of the PCOS System pursuant to R.A. 9369, every copy should be as good and as clear as the first one. Hence, the problem of manifest errors might be a thing in the past. (R. Avila, Fundamentals of Election Law, p. 59 (2010)) e. Power to order recanvass of votes f. Power to annul or suspend proclamation of elected candidates g. Power to annul an illegal canvass h. Power to transfer polling places i. Power to Transfer Venue of Canvassing of Votes j. Power to order opening of ballot boxes k. Power to conduct initiative and plebiscite 9. Other Specific Powers a. Deputization of Peace Officers b. Investigatory and Prosecutorial Power c. Deputization of or Endorsement Prosecutors
Powers NOT Granted to the COMELEC: 1. No power to decide questions involving the right to vote 2. No power to include and exclude voters Currently, jurisdiction to decide controversies on inclusion or exclusion of voters belongs to the Municipal Trial Court. History of COMELEC COMELEC was organized under CA No. 607 enacted on August 22, 1940. The power to enforce the election laws was originally vested in the president and exercised through the Department of Interior. COMELEC was then transformed to a Constitutional Body by virtue of the 1940 amendments to the 1935 Constitution which took effect on December 2, 1940. 1973 Constitution broadened the powers of the COMELEC by making it the sole judge of all election contests relating to election returns, and qualifications of members of the national legislature and elective provincial and city officials. The 1987 Constitution grants the COMELEC the exclusive original jurisdiction to enforce and administer all laws and regulations relative to the conduct of elections, plebiscites, initiative, referendum, and recalls, election contests involving regional, provincial and city elective officials . (Loong vs. COMELEC) 1935 Constitution Composition: Chairman and two Commissioners Term: 9 years 1973 Constitution
to
10. Power of exclusive control and supervision over the Automated Election System (Sec. 26, RA 8436) Stand-by Power of COMELEC: If it shall no longer be reasonably possible to observe the periods and dates prescribed by law for certain pre-election acts, the Commission shall fix other periods and dates in order to ensure accomplishment of the activities so voters shall not be deprived of their suffrage (Sec. 28, R.A. 8436 & Sec. 29 of R.A. 6646, adopted pursuant to Sec. 9, Art. IX-C of the 1987 Constitution).
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3. Authentic copy must also be submitted to the Board. (Purisima vs. Salanga) Exercise of discretion A coalition of several political parties was awarded the right to have the minority representation in the Board of Election Inspectors. Upon the termination of the coalition, the COMELEC granted the said right to another political party. WON the modification is valid. The COMELEC shall have the discretion to choose the minority inspector. The modification by the Commission of its ruling awarding the minority inspector to another party is a legal exercise of the discretion vested. (Sumulong vs. COMELEC) Period in rendering decision An election case was filed before the COMELEC en banc. En banc failed to render its decision within 90 days from the date the case was submitted for decision as mandated by law. WON the decision is still valid. The COMELEC has numerous cases before it, Considering the manpower and logistic limitations, it is sensible to treat the procedural requirements on deadlines realistically. (Alvarez vs. COMELEC)
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Case Digest: Power of COMELEC Election for the Office of the Representatives was held. Because of the alleged irregularity in the canvassing of votes, COMELEC issued a resolution to reopen the ballot boxes to obtain judicial remedies under section 163 of the Revised Election Code. WON the resolution is valid. The COMELEC has the power to investigate and act on the propriety or legality of the canvass of election returns made by the board of canvassers. Cauton vs. COMELEC) _____ The Congress enacted R.A. 8436 for the Automation of Election System. The Automated Machines used during the election did not properly read the votes casted. COMELEC issued a minute resolution ordering a manual count. WON the resolution is valid. To continue with the automated count would result in a grossly erroneous count. The resolution merely reinforces the collective efforts to endow COMELEC with enough power to hold free, honest, orderly, and credible elections. (Loong vs. COMELEC) Judicial Recount Election was held; one of the candidates filed a petition to annul the canvass and proclamation due to alleged irregularity in the canvassing. The COMELEC issued a resolution annulling the canvass and proclamation. The requisites for judicial recount 1. Appearing to the Board of Canvassers that discrepancy exists. 2. Discrepancy is between the copy submitted to the Board and another authentic copy thereof.
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Any person who transfers residence to another city, municipality or country solely by reason of his occupation; profession; employment in private or public service; educational activities; work in military or naval reservations; service in the army, navy or air force; the constabulary or national police force; or confinement or detention in government institutions in accordance with law, shall be deemed not to have lost his original residence (Sec. 117, OEC).
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 Qualifications for Suffrage: (Sec. 1, Art. V, Constitution) 1. Filipino citizen; 2. At least 18 years of age; 3. Resident of the Philippines for at least one year; 4. Resident of the place where he proposes to vote for at least 6 months; and 5. Not otherwise disqualified by law. It is incumbent upon one who claims Philippine citizenship to prove to the satisfaction of the court that he is really a Filipino. No presumption can be indulged in favor of the claimant of Philippine citizenship, and any doubt regarding citizenship must be resolved in favor of the state (Go v. Ramos) In election cases, the Court treats domicile and residence as synonymous terms. Both import not only an intention to reside in a fixed place but also personal presence in that place, coupled with conduct indicative of such intention. Domicile denotes a fixed permanent residence to which when absent for business or pleasure, or for like reasons, one intends to return (Pundaodaya v Comelec) No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage. There exists no presumption that a person is entitled to vote and that the burden is in the voter to prove that he has the qualifications and none of the disqualifications prescribed by law (U.S. v. Tria)
Disqualifications: (Sec. 118, OEC) 1. Person convicted by final judgment to suffer imprisonment for not less than 1 year, unless pardoned or granted amnesty; but right is reacquired upon expiration of 5 years after service of sentence; 2. Person adjudged by final judgment as having committed any crime involving disloyalty to government or any crime against national security; but right is reacquired upon expiration of 5 years after service of sentence; and 3. Insane or incompetent persons as declared by competent authority. Registration of Voters
In order that a qualified elector may vote in any election, plebiscite or referendum, he must be registered in the permanent list of voters for the city or municipality in which he resides (Sec. 115, OEC). Registration does not confer the right to vote; it is but a condition precedent to the exercise of the right. Registration is a regulation, not a qualification (Yra v. Abano) System of Continuing Registration The personal filing of application of registration of voters shall be conducted daily in the office of the Election Officer during regular office hours. No registration shall, however, be conducted during the period starting one hundred twenty (120) days before a regular election and ninety (90) days before a special election (Sec. 8, R.A. 8189).
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Registration Record (Sec. 30, Comelec Instructions to the BEI, December 29, 2009) Election Registration Board There shall be in each city and municipality as many Election Registration Boards as there are election officers therein; shall be composed of the Election Officer as chairman and as members, the public school official most senior in rank and the local civil registrar, or in his absence, the city or municipal treasurer. No member of the Board shall be related to each other or to any incumbent city or municipal elective official within the fourth civil degree of consanguinity or affinity (Sec. 15, R.A. 8189). Challenges to Right to Register Any voter, candidate or representative of a registered political party may challenge in writing any application for registration, stating the grounds therefor. The challenge shall be under oath and be attached to the application, together with the proof of notice of hearing to the challenger and the applicant. Oppositions to contest a registrants application for inclusion in the voters list must, in all cases, be filed not later than the second Monday of the month in which the same is scheduled to be heard or processed by the Election Registration Board. The hearing on the challenge shall be heard on the third Monday of the month and the decision shall be rendered before the end of the month (Sec. 18, R.A. 8189). Deactivation of Registration The board shall deactivate the registration and remove the registration records of the following persons from the corresponding precinct book of voters and place the same, properly marked and dated in indelible ink, in the inactive file after entering the cause or causes of deactivation: a. Any person who has been sentenced by final judgment to suffer imprisonment for not less than one (1) year, such disability not having been removed by plenary pardon or amnesty: Provided, however, That any person disqualified to vote under this paragraph shall automatically reacquire the
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Preparation and Posting of the Certified List of Voters The Board shall prepare and post certified list of voters ninety (90) days before a regular election and sixty (60) days before a special election and furnish copies thereof to the provincial, regional and national central files. Copies of the certified list, along with a certified list of deactivated voters categorized by precinct per barangay, within the same period shall likewise be posted in the office of the Election Officer and in the bulletin board of each city/municipal hall. Upon payment of the fees as fixed by the Commission, the candidates and heads of registered political parties shall also be furnished copies thereof (Sec. 30, R.A. 8189).
b.
c.
Inclusion and Exclusion Proceedings: COMELEC has no jurisdiction to resolve the issue regarding the right to vote, the same being cognizable by the courts in the proceedings for the exclusion or inclusion of voters (Canicosa v. COMELEC). Common Rules Governing Judicial Proceedings in the Matter of Inclusion, Exclusion and Correction of Names of Voters (Sec. 32, R.A. 8189): a. Petition for inclusion, exclusion or correction of names of voters shall be filed during office hours; b. Notice of the place, date and time of the hearing of the petition shall be served upon the members of the Board and the challenged voter upon filing of the petition; c. A petition shall refer only to one (1) precinct and shall implead the Board as respondents; d. No costs shall be assessed against any party in these proceedings. However, if the court should find that the application has been filed solely to harass the adverse party and cause him to incur expenses, it shall order the culpable party to pay the costs and incidental expenses; e. Any voter, candidate or political party who may be affected by the proceedings may intervene and present his evidence; f. The decision shall be based on the evidence presented and in no case rendered upon a
d.
e. f.
Reactivation of Registration Any voter whose registration has been deactivated pursuant to the preceding Section may file with the Election Officer a sworn application for reactivation of his registration in the form of an affidavit stating that the grounds for the deactivation no longer exist any time but not later than one hundred twenty (120) days before a regular election and ninety (90) days before a special election. The Election Officer shall submit said application to the Election Registration Board for appropriate action (Sec. 28, R.A. 8189).
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hundred five (105) days prior to a regular election or seventy-five (75) days prior to a special election. It shall be supported by a certificate of disapproval of his application and proof of service of notice of his petition upon the Board. The petition shall be decided within fifteen (15) days after its filing (Sec. 34, R.A. 8189). Petition for Exclusion: Any registered voter, representative of a political party or the Election Officer, may file with the court a sworn petition for the exclusion of a voter from the permanent list of voters giving the name, address and the precinct of the challenged voter at any time except one hundred (100) days prior to a regular election or sixty-five (65) days before a special election. The petition shall be accompanied by proof of notice to the Board and to the challenged voter and shall be decided within ten (10) days from its filing (Sec. 35, R.A. 8189).
Annulment of Book of Voters: The Commission shall, upon verified petition of any voter or election officer or duly registered political party, and after notice and hearing, annul any book of voters that is not prepared in accordance with the provisions of this Act or was prepared through fraud, bribery, forgery, impersonation, intimidation, force or any similar irregularity, or which contains data that are statistically improbable. No order, ruling or decision annulling a book of voters shall be executed within ninety (90) days before an election (Sec. 39, R.A. 8189). The annulment of the list of voters shall not constitute a ground for a pre-proclamation contest (Ututalum v. COMELEC) . Overseas Absentee Voting Act (R.A. 9189) Absentee voting- the process by which ratified citizen of the Philippines abroad exercises their right to vote. (Sec. 3) Overseas Absentee Voter" refers to a citizen of the Philippines who is qualified to register and vote under this Act, not otherwise disqualified by
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shall be the cause for the removal of the name of the immigrant or permanent resident from the National Registry of Absentee Voters and his/her permanent disqualification to vote in absentia. 5. Any citizen of the Philippines abroad previously declared insane or incompetent by competent authority in the Philippines or abroad, as verified by the Philippine embassies, consulates or Foreign Service establishments concerned, unless such competent authority subsequently certifies that such person is no longer insane or incompetent. Personal Overseas Absentee Registration. Registration as an overseas absentee voter shall be done in person. (Sec. 6) The embassies, consulates and other foreign service establishments shall transmit within (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 applicants stated residence for verification, hearing and annotation in the permanent list of voters. (Sec. 6)
The overseas absentee voter shall personally accomplish his/her ballot at the embassy, consulate or other foreign service establishment that has jurisdiction over the country where he/she temporarily resides or at any polling place designated and accredited by the Commission. (Sec. 16(2) The overseas absentee voter shall cast his ballot, upon presentation of the absentee voter identification card issued by the Commission, within thirty (30) days before the day of elections. In the case of seafarers, they shall cast their ballots anytime within sixty (60) days before the day of elections as prescribed in the Implementing Rules and Guidelines. (Sec. 16(3)
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the appropriate head of the government office for distribution to the applicants. (Sec. 5) The voters who cast absentee votes shall vote one week before election day. (Sec. 8) The Commission on Elections shall canvass the votes cast by absentee voters and shall add the results of the same to the votes reported throughout the country. (Sec. 10) The Party-List System Act (RA 794): 1. Party means either a political party or a sectoral party or a coalition of parties. 2. Political Party refers to an organized group of citizens advocating an ideology or platform, principles and policies for the general conduct of government and which, as the most immediate means of securing their adoption, regularly nominates and supports certain of its leaders and members as candidates for public office. It is a national party when its constituency is spread over the geographical territory of at least a majority of the regions. It is a regional party when its constituency is spread over the geographical territory of at least a majority of the cities and provinces comprising the region. 3. Sectoral Party refers to an organized group of citizens belonging to any of the sectors enumerated in Section 5 hereof whose principal advocacy pertains to the special interest and concerns of their sector. 4. Sectoral Organization refers to a group of citizens or a coalition of groups of citizens who share similar physical attributes or characteristics, employment, interests or concerns. 5. Coalition refers to an aggrupation of duly registered national, regional, sectoral parties or organizations for political and/or election purposes. Registration
Local Absentee Voting (E.O. 157) Any person who by reason of public functions and duties, is not in his/her place of registration on election day, may vote in the city/municipality where he/she is assigned on election day: Provided, That he/she is a duly registered voter. (Sec. 1) Thirty (30) days before the election, the appropriate head of office shall submit to the Commission on Elections a list of officers and employees of the office who are registered voters, and who, by reason of their duties and functions, will be in places other than their place of registration, and who desire to exercise their right to vote, with the request that said officers and employees be provided with application forms to cast absentee ballots in their place of assignment. The list and the request shall be under oath. (Sec. 2) Upon verification of the applications, the Commission shall transmit the exact number of absentee ballots to
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8. It fails to participate in the last two (2) preceding elections or fails to obtain at least two per centum (2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered.
Election of Party-List Representatives Constitutional Provision: The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list (Sec. 5 (2), Art. VI). The Party List System It is a mechanism of proportional representation in the election of representatives to the House of Representatives, from national, regional and sectoral parties, organizations and coalitions thereof registered with the COMELEC. The Party-list system was devised to replace the reserve seat system the very essence of the party list system is representation by election (Veterans Federation Party v. COMELEC). Nomination of Party-List Representatives: Each registered party, organization or coalition shall submit to the COMELEC not later than forty-five (45) days before the election a list of names, not less than five (5), from which party-list representatives shall be chosen in case it obtains the required number of votes. A person may be nominated in one (1) list only. Only persons who have given their consent in writing may be named in the list. The list shall not include any candidate for any elective office or a person who has lost his bid for an elective office in the immediately preceding election. No change of names or alteration of the order of nominees shall be allowed after the same shall have been submitted to the COMELEC except: 1. Nominee dies or 2. Withdraws in writing his nomination, 3. Becomes incapacitated in which case the name of the substitute nominee shall be placed last in the list.
Purposes: 1. To acquire juridical personality; 2. To entitle it to rights and privileges granted to political parties; and 3. To participate in the party-list system. Groups which cannot be registered as political parties (Sec. 3, R.A. 7941): 1. Religious denominations or sects; 2. Those who seek to achieve their goals through violence or unlawful means; 3. Those who refuse to uphold and adhere to the Constitution; and 4. Those supported by foreign governments. Grounds for cancellation of registration (RAF- SVUCF) (Sec. 6, RA 7941): 1. It is a religious sect or denomination, organization or association, organized for religious purposes; 2. It advocates violence or unlawful means to seek its goal; 3. It is a foreign party or organization; 4. It is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes; 5. It violates or fails to comply with laws, rules or regulations relating to elections; 6. It declares untruthful statements in its petition; 7. It has ceased to exist for at least one (1) year; or
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guaranteed seats shall be distributed in a first round of seat allocation to parties receiving at least two percent of the total party-list votes. 3. Proportional representation: The additional seats, that is, the remaining seats after allocation of the guaranteed seats, shall be distributed to the party-list organizations including those that received less than two percent of the total votes. 4. The three-seat cap. Each qualified party, regardless of the number of votes it actually obtained, is entitled only to a maximum of 3 seats. The formula in the allocation of party-list seat pronounced in Veterans Federation Party v. COMELEC (GR No. 136781, October 6, 2000) has thus been modified. The continued operation of the two percent threshold as it applies to the allocation of the additional seats is now unconstitutional because this threshold mathematically and physically prevents the filling up of the available party-list seats. The additional seats shall be distributed to the parties in a second round of seat allocation (Barangay Association for National Advancement and Transparency (BANAT) v. COMELEC, G.R. No. 179271, April 21, 2009). The three seat cap is not a violation of the Constitution because the 1987 Constitution does not require absolute proportionality for the partylist system.
Qualifications of Party-List Representatives: 1. Natural-born citizen of the Philippines; 2. A registered voter; 3. A resident of the Philippines for a period of not less than one (1) year immediately preceding the day of the election; 4. Able to read and write; 5. A bona fide member of the party or organization which he seeks to represent for at least ninety (90) days preceding the day of the election; and 6. At least twenty-five (25) years of age on the day of the election; In case of a nominee of the youth sector, he must at least be twenty-five (25) but not more than thirty (30) years of age on the day of the election. Any youth sectoral representative who attains the age of thirty (30) during his term shall be allowed to continue in office until the expiration of his term (Section 9, R.A. 7914). Manner of Voting: Every voter shall be entitled to two (2) votes: 1. For candidate for member of the House of Representatives in his legislative district; and 2. For the party, organizations, or coalition he wants represented in the house of Representatives: Provided, That a vote cast for a party, sectoral organization, or coalition not entitled to be voted for shall not be counted: Provided, finally, That the first election under the party-list system shall be held in May 1998 (Section 10, R.A. 7941). The Four Parameters in the Philippine-Style Party-List Election (BANAT v. COMELEC): 1. 20% allocation: Twenty percent of the total number of the membership of the House of Representatives is the maximum number of seats available to party-list organizations, such that there is automatically one party-list seat for every four existing legislative districts. 2. A guaranteed seat for a party-list organization garnering 2% of the total votes cast: The
The Guidelines for determining whether Party-List Groups have complied with the requirements of Law (Ang Bagong Bayani-OFW Labor Party v. COMELEC): 1. The political party, sector, organization or coalition must represent the marginalized and the underrepresented groups identified in Sec. 5 of RA 7941. Majority of its membership should belong to the marginalized and underrepresented;
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Qualifications President and Vice- President: 1. Natural-born citizen 2. Registered voter 3. Able to read and write 4. At least 40 years old on the day of the election 5. Resident of the Philippines for at least 10 years immediately preceding the day of the election. (Sec.2, Art. VII) Senators: 1. Natural-born citizen 2. At least 35 yrs. old on the day of the election 3. Able to read & write 4. Registered voter 5. Resident of RP for not less than 2 years immediately preceding the day of the election (Sec. 2, Art. VI) District Representatives: 1.Natural-born citizen 2.At least 25 years old on the day of election 3.Able to read and write 4.Registered voter in the district in which he shall be elected 5.Resident of the same district for a period of not less than 1 year Immediately preceding the day of election. (Sec. 6, Art. VI) Sectoral Representatives: 1. Natural-born citizen 2. At least 25 years old on the day of election 3. Able to read and write 4. Resident for a period not less than one year immediately preceding the day of the election 5. Bona fide member of the sector he seeks to represent Governor, Vice-governor, Mayor, Vice-mayor, Punong barangay, Sanggunian (sg) members 1. Citizen of the Philippines; 2. Registered voter in the barangay, municipality, city or province, or, in the case of a member of the SG panlalawigan, panlungsod or bayan, the district where he intends to be elected;
allowed by RA 7941 and the Constitution, 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. Thus, they must show that they represent the interest of the marginalized and underrepresented;
3. Religious sector may not be represented in the
party-list system; except that priests, imams or pastors may be elected should they represent not their religious sect but the indigenous community sector;
4. A party
or an organization must not be disqualified under Sec. 6, RA 7941; of, or a project organized or an entity funded or assisted by, the government;
represent the marginalized and underrepresented sectors, so also must its nominees;
8. While
lacking a well-defined political constituency, the nominee must likewise be able to contribute to the formation and enactment of appropriate legislation that will benefit the nation as a whole.
CANDIDATES
Chapter 5
Candidate refers to any person aspiring for or seeking an elective public office, who has filed a certificate of candidacy and that any person who files certificate of candidacy within [the period for filing] shall only be considered as a candidate at the start of the campaign period for which he filed his certificate of candidacy. (Penera v. Comelec)
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a. Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one (1) year or more of imprisonment, within two (2) years after serving sentence; Those who have not served their sentence by reason of the grant of probation which should not be equated with service of sentence, should not likewise be disqualified from running for a local elective office because the twoyear period of ineligibility does not even begin to run (Moreno v. COMELEC, GR No. 168550, August 10, 2006). b. Those removed from office as a result of an administrative case; An elective local official who was removed from office as a result of an administrative case prior to January 1, 1992 the date of effectivity of the Local Government Code is not disqualified from running for an elective local public office, because Sec. 40 of the Local Government Code cannot be given retroactive effect (Grego v. COMELEC, GR No. 125955, June 19, 1997). c. Those convicted by final judgment for violating the oath of allegiance to the Republic; d. Those with dual citizenship; Dual citizenship as a disqualification must refer to citizens with dual allegiance. Consequently, persons with mere dual citizenship do not fall under the disqualification (Mercado v. Manzano, GR No. 135083, May 26, 1999). e. Fugitives from justice in criminal or nonpolitical cases here or abroad; A fugitive from justice includes not only those who flee after conviction to avoid punishment, but likewise those who, after being charged, flee to avoid prosecution (Marquez v. COMELEC,). f. Permanent residents in a foreign country or those who have acquired the right to reside
Disqualifications: 1. Under the Omnibus Election Code: a. Declared as incompetent or insane by competent authority; b. Convicted by final judgment for subversion, insurrection, rebellion or any offense for which he has been sentenced to a penalty of 18 months imprisonment; c. Convicted by final judgment for a crime involving moral turpitude; d. Any person who is a permanent resident of or immigrant to a foreign country. 2. Under the Local Government Code (Sec. 40, R.A. 7160) Applicable to candidates for local elective office only (Magno v. COMELEC, supra):
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Shall not serve for more than two consecutive terms. (Sec 4(2), Art. VI) District Representatives: 1. Shall not serve for more than three consecutive terms. (Sec. 7 Art. VI); 2. One who has been declared by competent authority as insane or incompetent; 3. One who has been sentenced by final judgment for subversion, insurrection, rebellion, or for any offense for which he has been sentenced to a penalty of more than 18 months or for a crime involving moral turpitude, unless given plenary pardon or granted amnesty. (Sec. 12, BP 881 or the Omnibus Election Code) Governor, Vice-governor, Mayor, Vice-mayor, Punong barangay, Sanggunian (sg) members: (Sec. 41, R.A. 7160) 1. sentenced by final judgement for an offense involving moral turpitude or for an offense punishable by 1 year or more, within 2 years after serving sentence; 2. removed from office as a result of an administrative case; 3. convicted by final judgment for violating the oath of allegiance to the Republic of the Philippines; 4. with dual citizenship; 5. fugitives from justice in criminal and non-political case here and abroad; 6. permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right after the effectivity of the Local Government Code; 7. insane or feeble-minded
Certificate of Candidacy A statement of a person seeking to run for a public office certifying that he announces his candidacy for the office mentioned and that he is eligible for the office, the name of the political party to which he belongs if he belongs to any, and his post-office
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accredited political party dies, withdraws or is disqualified for any cause, only a person belonging to, and certified by, the same political party may file a certificate of candidacy to replace the candidate who died, withdrew or was disqualified not later than mid-day of the day of the election (Sec. 76, OEC). Withdrawal of Certificate of Candidacy: The withdrawal of the certificate of candidacy shall effect the disqualification of the candidate to be elected, for the position. The withdrawal of the withdrawal, for the purpose of reviving the certificate of candidacy, must be made within the period provided by law for the filing of certificates of candidacy. Filing of Two Certificates of Candidacy: When a person files two certificates of candidacy for different offices, he becomes ineligible for either position (Sec. 72, OEC). He may withdraw one of his certificates by filing a sworn declaration with the Commission before the deadline for the filing of certificates of candidacy. Before the deadline for filing the certificate, a candidate may withdraw all except one, declaring under oath the office for which he desires to be eligible and cancel the certificate of candidacy for other office or offices (Go v. COMELEC). The COMELEC shall have only the ministerial duty to receive and acknowledge receipt of the certificates of candidacy (Sec. 76, OEC). Accordingly, the COMELEC may not, by itself, without proper proceedings, deny due course to or cancel a certificate of candidacy filed in due form. Exceptions: 1. Authority over nuisance candidates 2. Power to deny due course to or cancel a certificate of candidacy under Sec. 78, OEC Nuisance Candidates: COMELEC may motu propio or upon petition of an interested party, refuse to give due course to or cancel a
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Commission shall continue with the trial and hearing of the action, inquiry, or protest and, upon motion of the complainant or any intervenor, may during the pendency thereof order the suspension of the proclamation of such candidate whenever the evidence of his guilt is strong (Sec. 6, RA 6646 or the Electoral Reforms Law of 1987). Note that the COMELEC can suspend proclamation only when evidence of the winning candidates guilt is strong (Codilla, Sr. v. De Venecia, et. al). The use of the word may indicates that the suspension of the proclamation is merely permissive. If the COMELEC does not find any sufficient ground to suspend proclamation, then a proclamation may be made (Grego v. COMELEC, supra). It is incorrect to say that since a candidate has been disqualified, the votes intended for the disqualified candidate should, in effect, be null and void. This would amount to disenfranchising the electorate in whom sovereignty reside (Ortega v. COMELEC). The ineligibility of a candidate receiving majority votes does not entitle the eligible candidate receiving the next highest number of votes to be declared elected. Exceptions: 1. The one who obtained the highest number of votes is disqualified; AND 2. The electorate is fully aware in fact and in law of the candidates disqualification so as to bring such awareness within the realm of notoriety but would nonetheless cast their votes in favor of the ineligible candidate. (Grego v. COMELEC, supra). Case Digest: Term of office The petitioner was duly elected and served 2 consecutive terms as Municipal Mayor prior to 1995 elections. In the 1995 elections he was again proclaimed winner but due to election protest against him, he was removed from office months before the
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Fugitive from Justice Petitioner sought the cancellation of respondents Certificate of Candidacy on the ground that the latter is a fugitive from justice. The respondent is allegedly criminally charged in the United States and that his arrest is yet to be served because of his flight from the country. WON fugitive from justice covers only those convicted by final judgment. Fugitive from justice does not mean a person convicted by final judgment. It includes those after being charged flees to avoid prosecution. (Marquez vs. COMELEC) Green Card Holder Petitioner was sought to be disqualified to hold public office on the ground that he is a green card holder. He alleged that he merely obtained the green card for convenience, that he is a permanent resident of the Philippines and voted in the previous elections. WON green card is proof that the holder is a permanent resident of the United States. Immigration to the Unites States constituted an abandonment of respondents domicile and residence in the Philippines. He entered the United States with the intention to have his residence there permanently as evidenced by the application for an immigrants visa. To be qualified to run for elective office in the Philippines, the law requires that the candidate who is a green card holder must have waived his status as a permanent resident or immigrant of a foreign country. (Caasi vs. COMELEC)
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3. Posters (not exceeding 2 x 3 ft.), however, 3 by 8 ft. streamers are allowed in announcing a public meeting or rally, at the site and on the occasion of a public meeting or rally, may be displayed 5 days before the date of rally but shall be removed within 24 hours after said rally. 4. Print Ads 5. page in broadsheets and page in tabloids thrice a week per newspaper, magazine or other publication during the campaign period 6. Broadcast Media (i.e. TV and Radio): a. National Positions: 120 minutes for TV and 180 minutes for radio; b. Local Positions: 60 minutes for TV and 90 minutes for radio. Prohibited forms of Election Propaganda (Sec. 85, BP 881) (a) To print, publish, post or distribute any poster, pamphlet, circular, handbill, or printed matter urging voters to vote for or against any candidate unless they bear the names and addresses of the printer and payor as required in Section 84 hereof; (b) To erect, put up, make use of, attach, float or display any billboard, tinplate-poster, balloons and the like, of whatever size, shape, form or kind, advertising for or against any candidate or political party; (c) To purchase, manufacture, request, distribute or accept electoral propaganda gadgets, such as pens, lighters, fans of whatever nature, flashlights, athletic goods or materials, wallets, shirts, hats, bandanas, matches, cigarettes and the like, except that campaign supporters accompanying a candidate shall be allowed to wear hats and/or shirts or T-shirts advertising a candidate; (d) To show or display publicly any advertisement or propaganda for or against any candidate by means of cinematography, audio-visual units or other screen projections except telecasts which may be allowed as hereinafter provided; and (e) For any radio broadcasting or television station to sell or give free of charge air time for campaign and other political purposes except as authorized in
Fair Elections Act (R.A. 9006) Lawful Election Propaganda 1. Written/Printed Materials (does not exceed 8 in. width by 14 in. length) 2. Handwritten/printed letters
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campaign period; the second day within the fifth week of the campaign period; and the third day within the tenth weeks of the campaign period (Sec 7.2, RA 9006). Right to Reply All registered parties and bona fide candidates shall have the right to reply to charges published against them. The reply shall be given publicity by the newspaper, televeision and/or radio station which first printed or aired the charges with the same prominence or in the same page or section or in the same time slot as the first statement (Sec. 10, RA 9006, Fair Election Act). Equal Access to Media Time and Space (Sec 6, BP 881) Print advertisements shall not exceed onefourth (1/4) page in broadsheet and one-half (1/2) page in tabloids thrice a week per newspaper, magazine or other publications, during the campaign period. Not more than one hundred twenty (120) minutes of television advertisement and one hundred eighty (180) minutes of radio advertisement whether by purchase or donation. Not more than sixty (60) minutes of television advertisement and ninety (90) minutes of radio advertisement whether by purchase or donation.
Exit Polls Exit polls may only be taken subject to the following requirements: 1. Pollsters shall not conduct their surveys within fifty (50) meters from the polling place, whether said survey is taken in a home, dwelling place and other places; 2. Pollsters shall wear distinctive clothing; 3. Pollsters shall inform the voters that they may refuse to answer; and 4. The result of the exit polls may be announced after the closing of the polls on election day, and
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concessions by the government or any of its divisions, subdivisions or instrumentalities, including government-owned or controlled corporations; e. Natural and juridical persons who, within one year prior to the date of the election, have been granted loans or other accommodations in excess of P100,000 by the government or any of its divisions, subdivisions or instrumentalities including governmentowned or controlled corporations; f. Educational institutions which have received grants of public funds amounting to no less than P100,000.00; g. Officials or employees in the Civil Service, or members of the Armed Forces of the Philippines; and h. Foreigners and foreign corporations. It shall be unlawful for any person to solicit or receive any contribution from any of the persons or entities enumerated herein (Sec. 95, OEC).
2. It shall be unlawful for any person, including a political party or public or private entity to solicit or receive, directly or indirectly, any aid or contribution of whatever form or nature from any foreign national, government or entity for the purposes of influencing the results of the election (Sec 96, OEC). 3. It shall be unlawful for any person to hold dances, lotteries, cockfights, games, boxing bouts, bingo, beauty contests, entertainments, or cinematographic, theatrical or other performances for the purpose of raising funds for an election campaign or for the support of any candidate from the commencement of the election period up to and including election day; or for any person or organization, whether civic or religious, directly or indirectly, to solicit and/or accept from any candidate for public office, or from his campaign manager, agent or representative, or any person acting in their behalf, any gift, food, transportation, contribution or donation in cash or in kind from the commencement of the election period up to and
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distinction as to whether the candidate pursued his candidacy or withdrew it. The State has an interest in seeing that the electoral process is clean. One way of attaining the objective is to regulate contributions and expenses of candidates. A candidate who withdrew may have accepted contributions and incurred expenses.
Expenditure- includes the payment or delivery of money of anything of value, or a contract, promise or agreement to make an expenditure, for the purpose of influencing the results of the election. It shall also include the use of facilities personally owned by the candidate, the money value of the use of which can be assessed based on the rates prevailing in the area. (Sec. 94, BP 881) Limitation on Expenses: Sec. 13, Synchronized Elections and for Electoral Reforms R.A. 7166 1. Candidates: Ten pesos (P10.00) for President and Vice-President; and for other candidates Three Pesos (P3.00) for every voter currently registered in the constituency where he filed his certificate of candidacy: Provided, That a candidate without any political party and without support from any political party may be allowed to spend Five Pesos (P5.00) for every such voter; and 2. For political parties: Five pesos (P5.00) for every voter currently registered in the constituency or constituencies where it has official candidates. Statement of Contributions and Expenses (Sec. 14, RA 7166) Every candidate and treasurer of the political party shall, within thirty (30) days after the day of the election, file in duplicate with the offices of the Commission the full, true and itemized statement of all contributions and expenditures in connection with the election. Effect of Failure to File: 1. Prohibited from entering upon the duties of his office 2. Administrative fines In the case of Pilar v COMELEC (245 SCRA 759), it was held that the law made no
AUTOMATED ELECTIONS
Chapter 7
Automated Elections Act (R.A. 9369) Automated election system, hereinafter to as AES - a system using appropriate technology which has been demonstrated in the voting, counting, consolidating, canvassing, and transmission of election result, and other electoral process; (Sec. 2) Electronic transmission - conveying data in electronic form from one location to other; (Sec. 2) Paper-based election system - a type of automated election system that use paper ballots, records and counts votes, tabulates, consolidates/canvasses and transmits electronically the results of the vote count;" (Sec. 2) Direct recording electronic election system - a type or automated election system that uses electronic ballots, records, votes by means of a ballot display provided with mechanical or electro-optical component that can be activated by the voter, processes data by means of a computer programs, record voting data and ballot images, and transmits voting results electronically; (Sec. 2)
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integrity and outcome of the 10 May 2010 elections solely in the hands of the Provider (Roque v. Comelec, G.R. No. 188456, September 10, 2009, Justice Carpio dissenting) The Advisory Council (Section 8) Eight members who must must be registered Filipino voters, of known independence, competence and probity; A person who is affiliated with any political party or candidate for any national position, or is related to a candidate for any national position by affinity or consanguinity within the fourth civil degree, shall not be eligible for appointment or designation to the Advisory Council. Should any such situation arise at any time during the incumbency of a member, the designation or appointment of that member, shall ipso facto be terminated
Joint Congressional Oversight Committee (Section 33) Composed of seven members each from the Senate and the House of Representatives o four of whom shall come from the majority o three from the minority To monitor and evaluate the implementation of this Act.
Electoral Sabotage- any person or member of the board of election inspectors or board of canvassers who tampers, increases or decreases the votes received by a candidates in any election or any member of the board who refuses after proper verification and hearing ,to credit the correct votes or deduct such tampered votes: Provided, however, That when the tampering, increase or decrease of votes or the refusal to credit the correct votes and /or to deduct tampered to deduct tampered votes are perpetrated on large scale or in substantial numbers, the same shall be considered not as an ordinary election offense under Section 261 of the omnibus
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involved, shall be meted the same penalty of life imprisonment." (Sec. 27)
"The act or offense committed shall fall under the category of electoral sabotage in any of the following instances;
Prosecution. - The Commission shall, through its duly authorized legal officers, have the power, concurrent with the other prosecuting arms of the government, to conduct preliminary investigation of all election offenses punishable under this Code, and prosecute the same (Sec. 265)
(1) When the tampering, increase and / or decrease of votes perpetrated or the refusal to credit the correct votes or to deduct tampered votes, is/are committed in the election of a national elective office which is voted upon nationwide and the tampering, increase and/ or decrease votes refusal to credit the correct votes or to deduct tampered votes, shall adversely affect the results of the election to the said national office to the extent that losing candidate/s is /are made to appear the winner/s;
Case Digest: Propaganda materials Petitioner entered into formal agreements with certain establishments to endorse their products and for the use his name and image. Then, he filed his Certificate of Candidacy for the position of Senator. COMELEC ordered the petitioner to remove his billboards and to cover them from public view. WON the order of the COMELEC is valid. By regulating the use of election propaganda materials, the COMELEC is merely doing its duty under the law. If the subject billboards will be allowed, he would have more opportunity to make themselves known to the electorate, to the disadvantage of other candidates who do not have the same chance. (Chavez vs. COMELEC) Election propaganda Petitioner prayed that Sec. 12, R.A. 6132 be declared unconstitutional for it declares unlawful to print and publish any advertisement, paid comment or paid article in favor of a candidate unless the names of all other candidates are also mentioned with equal prominence. WON the Law is unconstitutional.The slight limitation of the freedom of expression of the individual, whether candidate or not, is only one of the many devices employed by the law to prevent a clear and present danger of the perversion and prostitution of the electoral apparatus and of denial of equal protection of the laws. (Badoy, Jr. vs. COMELEC) _____
(2) Regardless of the elective office involved, when the tampering, increase and/or decrease of votes committed or the refusal to credit the correct votes or to deduct tampered votes perpetrated , is a accomplished in a single election document or in the transposition of the figure / results from one election document to another and involved in the said tampering increase and/or decrease or refusal to credit correct votes or deduct tampered votes exceed five thousand (5,000) votes, and that the same adversely affects the true results of the election ;
(3) Any and all other forms or tampering increase/s and/ or decrease/s of votes perpetuated or in cases of refusal to credit the correcp votes or deduct the tampered votes, where the total votes involved exceed ten thousand (10,000) votes;
"Provided finally; That any and all either persons or individuals determined to be conspiracy or in connivance with the members of the BEIs or BOCs
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