Notes on Elec > lecture of Atty. Gallant D.

Soriano
Chapter 1
What is election law?
By which people choose their officials in
definite and fixed period they entrust their
representatives the exercise of power of the
government.

Right of suffrage
Is the right to vote.
Is predicated upon the theory that the people
who bear the burden of government should
share in the privilege of choosing the officials of
that government (theory of representative
government)
Qualification for exercise of suffrage
(FARRN)
1.Filipino citizen
2 At least 18 yrs old
3 Resident of the PH at least 1 yr
4 Resident of the place where he proposes to
vote for at least 6 months
5 Not otherwise disqualified by law
Disqualifications
1 Persons convicted by final judgment to suffer
imprisonment for NOT less than one year,
unless pardoned or granted amnesty BUT right
reacquired upon expiration of 5 years after
service of sentence
2 Person adjudged by final judgment of having
committed
*any crime involving disloyalty to government
*any crime against national security
BUT the right is reacquired upon expiration of 5
years after service of sentence
3 Insane or incompetent persons declared by
competent authority
>Enfranchised citizen means registered voter
Election vs suffarage
Participation to vote
only
Participation to vote
May exercise also
plebiscite and
referendum

Kinds of election
General vs special
Based on law Based on
circumstances
It covers expiration of
term thru out the
state
Under special
circumstances, eg may
namatay
Covers Pres, VP,
Senate LGU etc
Vacancy for specia
election


Theories on suffrage
Natural right > inherent, once born un na un
Social expediency > not a right but a duty
Tribal > based on membership
Feudal > privilege , accompanying the
ownership of land
Ethical > essential means for development of
society

Sec 4 omnibus code.
It shall be the obligation of every citizen
qualified to register and cast his vote
>Voting is no longer compulsory this section has
been repealed art V sec 5
Suffrage may be exercised by all citizens of the
Philippines, not otherwise disqualified by law,
who are at least 18 yrs of age, and who shall
have resided in the Philippines for at least 1 yr
in the place wherein they propose to vote, for
at least six months immediately preceding the
election. No literacy, property or other
substantive requirement shall be imposed on
the exercise of suffrage.

Chapter II
Pertinent provision as per assigned by sir
Who may challenge?
Inclusion
procedure

Sec. 18. 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 registrant's application
for inclusion in the voter's 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. Should the second Monday of the month
fall on a non-working holiday, oppositions may
be filed on the next following working day. 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. 33. Jurisdiction in Inclusion and Exclusion
Case. The Municipal and Metropolitan Trial
Courts shall have original and exclusive
jurisdiction over all cases of inclusion and
exclusion of voters in their respective cities or
municipalities. Decisions of the Municipal or
Metropolitan Trial Courts may be appealed by
the aggrieved party to the Regional Trial Court
within five (5) days from receipt of notice
thereof. Otherwise, said decision shall become
final and executory. The regional trial court shall
decide the appeal within ten (10) days from the
time it is received and the decision shall
immediately become final and executory. No
motion for reconsideration shall be entertained.
Sec. 34. Petition for Inclusion of Voters in the
List. - Any person whose application for
registration has been disapproved by the Board
or whose name has been stricken out from the
list may file with the court a petition to include
his name in the permanent list of voters in his
precinct at any time except one hundred five
(105) days prior to a regular election or seventy-
five (75) days prior to a special election. 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.
If the decision is for the inclusion of voters in
the permanent list of voters, the Board shall
place the application for registration previously
disapproved in the corresponding book of
voters and indicate in the application for
registration the date of the order of inclusion
and the court which issued the same.
Sec. 39. Annulment at 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.
Grounds for challenging the Voter
1 illegal voters, like not registered voter, using
the name of another, disqualified
2 based on certain illegal acts, like vote buying
Utatalum case essence
Held:
Padded voters list, massive fraud and terrorism
is clearly not among the issues that
may beraised in a pre-proclamation
controversy. They are proper grounds for an
election protest







Last meeting lecture:
Natural born citizen
1 Those who are citizens of the Philippines from
birth
2 without having to perform any act to acquire
or perfect their citizenship
3 those born before ja 17, 1973 of Filipino
mothers, who elect Philippine citizenship upon
reaching the age of majority
Residence
Indicate place of abode, whether permanent or
temporary
Domicile
1 for the exercise of civil rights and the
fulfillment of civil obligations
2 the domicile of natural persons is their place
of habitual residence

Definition of terms
Candidate > any person, aspiring for or seeking
on elective office who has filed a certificate of
candidacy by himself or thru an accredited
political parties
Qualifications > a condition that must be met or
complied with to make a person suitable for a
particular position
Disqualifications > the quality of being suitable
for a particular position



CALVRES
Qualifications for president
>Natural born citizen of the Philippines
>Registered voter
>Able to read and right
>At least 40 yrs of age on the day of election
>Resident of Philippines for at least ten years
immediately preceding such election
Qualifications for vice president
Same as president
Qualifications for House of Representative
>Natural born of the citizen of the Philippines
>Is at least 25 years of age
>Able to read and write
>Registered voter in the district in which he
shall be elected , except the party list
representative
>Resident thereof for a period of not less than 1
yr immediately preceding the day of election
Qualification of Senator
Natural born citizen of the Philippines
At least 35 yrs old
Able to read and write
Registered voter
Resident of the Philippines for not less than two
years immediately preceding the day of election

Qualifications of Local elective officer
Govern
or and
vice
govern
or
Mayor Vice
mayor
SP and
SB
Citizens
hip
citizen Citizen citizen citizen
age At
least
23 yrs
old
At least
23 yrs
old
At
least
21 yrs
old
At
least
18 yrs
old on
day of
electio
n
literacy Able to
read
and
write
Filipino
or
other
local
langua
ge
Able to
read
and
write
Filipino
or
other
local
languag
e
Able to
read
and
write
Filipin
o or
other
local
langua
ge
Able to
read
and
write
Filipin
o or
other
local
langua
ge
Voter
registra
tion
Registe
red
voter
Registe
red
voter
Regist
ered
voter
Regist
ered
voter
in the
district
in
which
he
shall
be
voted
residen
ce
Reside
nce of
Reside
nce of
Reside
nce of
Reside
nce of
the
provinc
e at
least 1
yr
precedi
ng the
electio
n
Reside
nce of
the
philipp
ines
for not
less
than 2
years
precedi
ng the
electio
n
the City
at least
1 year
precedi
ng the
electio
n

Reside
nce of
the
pihilipp
ines
not less
than 2
years
precedi
ng
electio
n
city at
least 1
yr
preced
ing
electio
n

Reside
nce of
Phil.
Not
less
than 2
years
preced
ing
electio
n
district
at
least 1
year
preced
ing the
electio
n
Reside
nce of
phil.
Not
less
than 2
years
preced
ing
electio
n


Disqualifications. - The following persons are
disqualified from running for any elective local
position:
(a) Those sentenced by final judgment for an
offense involving moral turpitude or for an
offense punishable by one (1) year or more of
imprisonment, within two (2) years after
serving sentence;
(b) Those removed from office as a result of an
administrative case;
(c) Those convicted by final judgment for
violating the oath of allegiance to the Republic;
(d) Those with dual citizenship;
(e) Fugitives from justice in criminal or non-
political cases here or abroad;
(f) Permanent residents in a foreign country or
those who have acquired the right to reside
abroad and continue to avail of the same right
after the effectivity of this Code; and
(g) The insane or feeble-minded.