ELECTION LAWS

RIGHT OF SUFFRAGE
- right to vote in election of officers chosen by people and in the determination of
questions submitted to people. It includes:
1. Election - embodiment of the popular will, the expression of the sovereign
power of the people.
Kinds:
1. Regular election refers to an election participated in by those who
possess the right of suffrage and not disqualified by law and who are registered
voters
a. National Election: for President and Vice-President, every 6 years, and
for Senators, every 3 years
from the 2nd Monday of May 1992
b. Local Elections: for Members of House of Representatives, Party List
Representatives and Provincial, City and Municipal Officials,
every 3 years from the 2nd Monday of May 1992
c. Barangay Elections: every 3 years after July 2002 to be held on the last
Monday of October, synchronized with the SK elections
d. ARMM Elections: for Regional Governor, Regional Vice-Governor, and
Regional Assemblymen for the Autonomous Region in Muslim
Mindanao (ARMM)
every three (3) years from March 1993
e. Sangguniang Kabataan (SK) Elections: every 3 years after July 2002 to
be held on the last Monday of October, synchronized with the barangay
elections
2. Special election when there is a failure of election on the scheduled
date of regular election in a particular place or which is conducted to fill up
certain vacancies, as provided by law.
a. Plebiscite - electoral process by which an initiative on the Constitution
is approved or rejected by the people
b. Initiative - power of the people to propose amendments to the
Constitution or to propose and enact legislations through election
called for the purpose.
Classes:
1. Initiative on the Constitution
2. Initiative on Statutes
3. Initiative on Local Legislation
c. Referendum - power of the electorate to approve or reject a piece of
legislation through an election called for the purpose
Classes:
1. Referendum on Statutes
2. Referendum on Local Laws
d. Recall mode of removal of an elective public officer by the people
before the end of his term of office

Holding of electoral campaign

Act of casting and receiving the ballots from the voters
Counting the ballots
Making election returns
Proclaiming the winning candidates

Commission on Elections (COMELEC)

- The COMELEC is an independent constitutional body charged with the
exclusive power to administer and enforce all laws and regulations relative to the conduct
of elections and other political exercises, such as plebiscites, initiatives, referenda and
recalls.
The periodic political exercises give meaning to the declaration in the
Constitution that, sovereignty resides in the people and all government authority
emanates from them.
Powers and Functions:
1. Enforce and administer all laws and regulations relative to the conduct of an
election, plebiscite, initiative, referendum, and recall.
2. Exercise
- exclusive original jurisdiction all contests relating to the elections, returns,
and qualifications of all elective provincial, city officials;
- appellate jurisdiction over all contests involving:
Elective municipal officials decided by the trial courts of genertal
jurisdiction
Elective barangay officials decided buy the trial courts of limited
jurisdiction
Decisions, final orders, or rulings of the COMELEC on election
contests involving elective municipal and barangay offices shall be final and
executory, and not appealable.
3. Decide, except those involving the right to vote, all questions affecting
elections, including determination of the number and location of polling
places appointment of election officials and inspectors, and registration of
voters.
4. Deputize, with the concurrence of the President, law enforcement agencies
and instrumentalities of the government, including the AFP for the exclusive
purpose of ensuring free, orderly, honest, peaceful, and credible elections.
5. Registration of political parties, organization, or coalition/accreditation of
citizens arms of the COMELEC.
6. File, upon a verified complaint, or on its own initiative, petitions in court for
the inclusion or exclusion of voters, investigate and where appropriate,
prosecute cases for violations of election laws, including acts or omissions
constituting election frauds, offenses and malpractices.
7. Recommend to Congress effective measures to minimize election spending,
including limitation of places where propaganda materials shall be posted, and
to prevent and penalize all forms of election frauds, offenses, malpractices,
and nuisance candidacies.
8. Recommend to the President the removal of any officer or employee it has
deputized, or the imposition of any other disciplinary action, for violation or

POLITICAL PARTY
- A Political Party is any 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 candidate in public office.
To acquire juridical personality and to entitle it to rights and privileges granted to
political parties, it must be registered with COMELEC.
Party-list System Act (RA 7941)
Purpose : To promote proportional representation in the election of representatives to the
House of Representatives, which will enable Filipino citizens belonging to the
marginalized and underrepresented sectors, organizations and parties, and who lack welldefined political constituencies but who could contribute to the formulation and
enactment of appropriate legislation that will benefit the nation as a whole to become
members of the House of Representatives.
Party-list system mechanism of proportional representation in the election of
representatives to House of Representatives from national, regional and sectoral parties or
organizations or coalitions thereof registered with the COMELEC
Number of Party-list Representatives:
- constitute 20% of the total number of the members of the House of
Representatives including those under the party-list.
- parties, organizations, and coalitions receiving at least 2% of the total votes cast
for the party-list system shall be entitled to 1 seat each.
those garnering more than 2% of the votes shall be entitled to additional
seats in proportion to their total number of votes
each party, organization, or coalition shall be entitled to not more than 3
seats
Guidelines for screening party-list participants
1. The political party, sector, organization or coalition must represent the
marginalized and underrepresented groups. Majority of its membership
should belong to the marginalized and underrepresented
2. Major political parties are allowed by the Constitution and RA 7941 to
become party-list representatives provided they represent the interest of the
marginalized and the underrepresented
3. Religious sector may not be represented in the party-list system, except that
priests, imam or pastors may be elected if they represent not their religious
sect but the indigenous community/sector.
4. A party or organization must not be disqualified.
Grounds for disqualification:
a. it is a religious sect or denomination, organization or association
organized for religious purposes
b. it advocated violence or unlawful means to seek its goals
c. it is a foreign party or organization
d. it is receiving support from any foreign government , political party.
Foundation, organization, whether directly or through 3rd parties for
partisan election purposes
e. it violates or fails to comply with laws, rules or regulations relating to

5.
6.

7.
8.

h. it fails to participate in the last 2 preceding elections or fails to obtain

at least 2% of the votes cast under the party-lies system for the
constituency in which it has registered
The party or organization must not be an adjunct of or a project organized or
an entity funded or assisted by the government.
The party, including its nominees must comply with the qualification
requirements.
Qualifications of Party-list Nominees:
a. natural born Filipino
b. registered voter
c. resident of the Philippines for a period of not less than 1 year
immediately preceding the day of election
d. able to read and write
e. bona fide member of the party/organization which he seeks to
represent for at least 90 days preceding the day of the election
f. at least 25 years of age on the day of the election; in case he is a
nominee of the youth sector, he must be at least 25 years but not more
than 30 years of age on the day of election
Not only must the candidate party or organization represent the marginalized
and underrepresented sectors, so must its nominees
While lacking the 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.

VOTERS
Qualifications
Filipino citizen
At least 18 years old on election day
Resident of the Philippines for at least one year immediately before the
election
Resident of the city/municipality wherein he proposes to vote for at least 6
months immediately preceding the election
Not otherwise disqualified by law
Disqualifications
Grounds
1. Sentence by final judgment to suffer imprisonment for not less than 1 year,
unless pardoned or granted amnesty, but rights reacquired upon expiration of
5 years after service of sentence
2. Conviction by final judgment of any of the following crimes:
Crime involving disloyalty to the government, such as rebellion or
sedition
Firearms laws
Crime against national security
But right is reacquired upon expiration of 5 years after service of sentence
3. Insanity or incompetence declared by competent authority
REGISTRATION

Voters Registration Act of 1996 (RA 8189)

Continuing Registration
Every day except 120 days before a regular election and 90 days before election
day.(Sec 8, RA 8189)
Petition for Inclusion (Sec 34, RA 8189) and Exclusion (Sec 35, RA 8189) of Voters
in the List
1. Jurisdiction
a. MTC original and exclusive jurisdiction
b. RTC appellate jurisdiction
c. SC appellate jurisdiction over RTC on question of law
2. Petitioner
a. Inclusion
Private person whose application was disapproved by the
Election Registration Board or whose name was stricken out
from the list of voters
COMELEC
b. Exclusion
Any registered voter in city or municipality
Representative of political party
Election officer
COMELEC
3. Period of Filing
a. Inclusion any day except 105 days before regular election or 75 days
before a special election
b. Exclusion any time except 100 days before a regular election or 65
days before a special election
Annulment of Book of Voters
1. Upon verified complaint of any voter, election officer or registered political
party or motu proprio, the COMELEC may annul a list of voters which was not prepared
in accordance with RA 8189 or whose preparation was affected with fraud, bribery,
forgery, impersonation, intimidation, force or other similar irregularity or is statistically
improbable.
2. No list of voters shall be annulled within 90 days before an election.

Overseas Absentee Voting Act of 2003 (RA 9189)

Absentee Voting process by which qualified citizens of the Philippines abroad exercise
their right to vote (Sec 3a)
Overseas Absentee Voter citizen of the Philippines who is qualified to register and
vote under this Act, not otherwise disqualified by law, who is abroad on the day of
election
Coverage: All citizens of the Philippines abroad, who are not otherwise disqualified by

1. Those who have lost their Filipino citizenship in accordance with Philippine
laws.
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 convicted in a final judgment by a court
or tribunal of an offense punishable by imprisonment of not less than 1 year,
including those who have committed and been found guilty of disloyalty, such
disability not having been removed by plenary pardon or amnesty. Provided
however, that any person disqualified to vote under this subsection shall
automatically acquire the right to vote upon expiration of 5 years after service
of sentence
4. An immigrant or a permanent resident who is recognized as such in the host
country, unless he/she executes, upon registration, an affidavit for the purpose
by the COMELEC declaring that he/she shall resume actual physical
permanent residence not later than 3 years from approval of his/her
registration. Such affidavit shall also state that he/she has not applied for
citizenship in another country
5. Any citizen of the Philippines abroad previously declared insane or
incompetent by competent authority in the Philippines or abroad, as verified
by Philippine embassies, consulate or foreign service establishment concerned
Requirements for registration

Valid passport

Accomplished registration form containing the following information:

a. last known residence of the applicant in the Philippines before
leaving for abroad
b. address of applicant abroad or forwarding address in the case of
seafarers
c. where voting by mail is allowed the applicants mailing address
outside the Philippines
d. name and address of applicants authorized representative in the
Philippines

In case of immigrants and permanent residents not otherwise disqualified to

vote, an affidavit declaring the intention to resume actual physical
permanent residence in the Philippines not later than 3 years after approval
of his/her registration

CANDIDATES
Disqualified Candidates
Under OEC
1. Any person declared by competent authority as insane or incompetent
2. Any person sentenced by final judgment for any of the following
offenses
insurrection or rebellion
offense for which he was sentenced to penalty of more than 18
months
crime involving moral turpitude
3. A permanent resident to or immigrant to a foreign country unless he
waives such status (Omnibus Election Code, Sec 12, 68)

conviction plenary pardon, amnesty, lapse of 5 years after service

of sentence

Under LGC
1. Those sentenced by final judgment for an offense involving moral
turpitude or an offense punishable by imprisonment for at least 1 year,
within 2 years after service of sentence
2. Those removed from office as a result of an administrative case
3. Those convicted by final judgment for violating his oath of allegiance
to the Republic
4. Those with dual citizenship
5. Fugitives from justice in criminal or non-political cases
6. Permanent residents in foreign country or those who have the right to
reside abroad and continue to avail of it
7. The insane of feeble-minded
Under Revised Administrative Code
1. Ecclesiastics
2. Persons receiving compensation from provincial or municipal funds
3. Contractors for public works of the municipality
Certificate of Candidacy
Rules on filing of certificate if candidacy
1. No person shall be elected into public office unless he files certificate of
candidacy within the prescribed period
2. No person shall be eligible for more than one office. If he/she files for more
than one position, he shall not be eligible for all unless he cancels all and
retains one
3. The certificate of candidacy shall be filed by the candidate personally or by
his duly authorized representative
4. Upon filing, an individual becomes a candidate, he is already covered by the
rules restrictions and processes involving candidates.

Effects of Filing Certificate of Candidacy

Candidates holding appointive office or positions shall be considered ipso facto
resigned from his office.(Sec 66, OEC)
Candidates holding elective office shall not be considered resigned from his
office(Sec 14, RA 9006)
Duty to receive certificate candidacy ministerial duty of the COMELEC
Death, Disqualification and Withdrawal
If after the last day for the filing of certificates of candidacy, an official candidate
of a registered or 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.
(Sec 77, OEC)

Nuisance Candidate (Sec 69, OEC)

- They are candidates who have no bonafide intention to run for the office for
which the certificate of candidacy has been filed and would thus prevent a faithful
election
COMELEC may refuse to give due course to or cancel a certificate of candidacy
of a nuisance candidate. This can be done motu proprio or upon verified petition of an
interested party.
There should be a showing that:
the certificate of candidacy has been filed to put the election process in
mockery/dispute;
the intent for filing is to cause confusion among the voters by the
similarity of the names of the registered candidates; or
there are other circumstances which clearly demonstrates that the
candidate has no bona fide intention to run for the office.
Petition to Deny Due Course to or Cancel a Certificate of Candidacy (Sec 78, OEC)
- filed by the person exclusively on the ground that any material
misrepresentation contained is false
- filed at any time not later than 25 days from time of filing of certificate of
candidacy, and decided, after due notice and hearing, not later than 15 days
before the election
Material misrepresentation contemplated by Sec 78, OEC refers to qualifications
for elective office. Aside from that, false representation must consist of a deliberate
attempt to mislead, misinform, or hide a fact which would otherwise render a candidate
ineligible. It must be made with an intention to deceive the electorate as to ones
qualifications for public office. The use of a surname, when not intended to mislead or
deceive the public as to ones identity, is not within the scope of the provision. (Salcedo
vs. COMELEC, GR 135886, Aug 16, 1999)

Lone Candidate Law (RA 8295)

Upon expiration of the deadline for filing of certificate of candidacy in a special
election called to fill a vacancy in an elective position other that for President and VicePresident, when there is only 1 qualified candidate for such position, the lone candidate
shall be proclaimed elected to the position by proper proclaiming body of the COMELEC
without holding the special election upon certification by the COMELEC that he is the
only candidate for the office and is thereby deemed elected.
CAMPAIGN
Election and Campaign Periods (Sec 3, OEC)
Election Period - begins 90 days before the day of election and ends 30 days
thereafter.
- period of time with respect to a scheduled date of election when the
conduct of certain political activities are regulated by election laws, and the
violation of which constitute election offense subject to penalties
Campaign period is:
90 days before the day of election for Presidential and Vice-Presidential
Elections
45 days before the day of election for Senatorial, Congressional,

- period of time within the election period specified by law when bona fide
candidates can legally conduct campaign activities and other election
propaganda in relation to the scheduled date of election
Fair Elections Act of 2001 (RA 9006)
Lawful Election Propaganda
1. Written/printed materials which does not exceed 8 inches x 14 inches
2. Handwritten/printed letters
3. Posters not exceeding 2x3 feet
4. Print ads
page in broadsheets and page for tabloids published thrice a week
per newspaper during the campaign period
5. Broadcast ads on TV and radio
national positions 120 minutes for TV, 180 minutes for radio
local positions 60 minutes for TV , 90 minutes for radio
Prohibited campaign
1. Public exhibition of movie, cinematograph or documentary portraying the life
or biography of a candidate during the campaign period;
2. Public exhibition of a movie, cinematograph or documentary portrayed by an
actor or media personality who is himself the candidate;
3. Use of airtime for campaign of a media practitioner who is official of any
party or a member of the campaign staff of a candidate or political party.
Limitation on Expenses
1. for candidates:
President and Vice-president P10/voter
Other candidate, if with party P3/voter
Other candidate, it without party P5/voter
2. for political parties
Statement of Contribution and Expenses
Every candidate and treasurer of a political party shall within 30 days after the
day of election, file with the COMELEC the full, true and itemized statement of all
contribution and expenditures in connection with the election.
Election Surveys
Sec 5.4 of RA 9006, which prohibits publication of survey results 15 days
immediately preceding a national election and 7 days before a local election, violates the
constitutional rights of speech, expression and the press.
Reasons:
1. It imposes a prior restraint on the freedom of expression
2. It is direct and total suppression of a category of expression even though such
suppression is only for a limited period
3. The government interest sought to be promoted can be achieved by means
other than the suppression of freedom of expression (Social Weather Station
vs. COMELEC, GR 147571, May 5, 2001)
Substitution of Candidates - In case of valid substitution after the official ballots have
been printed, the votes cast for the substituted candidates shall be considered as stray
votes but shall not invalidate the whole ballot. This rule shall not apply if the substitute

Postponement of Election (Sec 5, OEC)

Causes:
1. violence
2. terrorism
3. loss of destruction of election paraphernalia/records
4. force majeure
5. other analogous cases
COMELEC can postpone the election
a. motu proprio
b. upon a verified petition by any interested party, after due notice
and hearing
COMELEC shall call for the holding of the election on a date reasonably close to
the date of the election not held, suspended or which resulted in a failure to elect
but not later than 30 days after the cessation of the cause for such postponement
or suspension of the election or failure to elect.
Failure of Election (Sec 6, OEC)
Pre conditions for declaring failure of elections
1. No voting has been held in any precinct because of
Force majeure
Violence
Terrorism
Fraud
Other analogous cases
2. Votes not cast are sufficient to affect the results of the elections
COMELEC shall call for the holding or continuation of the election not held,
suspended or which resulted in a failure to elect on a date reasonably close to the
date of the election not held, suspended or which resulted in a failure to elect but
not later than 30 days after the cessation of the cause of such postponement or
suspension of the election or failure to elect.
The causes for the declaration of a failure of election may occur before or after
the casting of votes or on the day of the election.(RA 7166, Synchronized National and
Local Elections Act)
The postponement, declaration of failure of election and the calling of special
elections shall be decided by the Commission sitting en banc by a majority vote of its
members. .(RA 7166, Synchronized National and Local Elections Act)
COUNTING
Rules for the appreciation of ballots (Sec 211. OEC)
1. A ballot in which the first name or surname of a candidate is written should be
counted for him, if there is no other candidate with the same name.
2. If only the first name of a candidate is written and it sounds like the surname
of another candidate, the vote shall be counted in favor of the latter.
3. If there are two or more candidates with the same name and one of them is
incumbent, the vote shall be counted favor of the incumbent.
4. When two or more words are written on different lines which are the
surnames of two or more candidates with the same surname for an office for
which the law authorizes the election of more than one, the vote shall be

6. If the ballot contains the first name of one candidate and the surname of
another candidate, the vote shall not be counted for either.
7. An incorrectly written name which sounds like correctly written name of a
candidate shall be counted in his favor.
8. If the word written is the identical name of two or more candidates for the
same office none of whom is incumbent, the vote shall be counted in favor of
the candidate who belongs to the same ticket as all the other candidates voted
for in the ballot for the same constituency.
9. The erroneous initial of the first name accompanied by the correct surname of
a candidate or the erroneous initial of the surname accompanied by the correct
first name of a candidate shall not annul the vote in his favor.
10. A ballot in which the correct first name but wrong surname of a candidate is
written or the correct surname but wrong first name of a candidate is written
shall not be counted in his favor.
11. If two or more candidates were voted for in an office for which the law
authorizes the election of only one, the vote shall not be counted in favor of
any of them.
12. If the candidates voted for exceed the number of those to be elected, the votes
for the candidates whose names were firstly written equal to the number of
candidates to be elected should be counted.
13. Even if the name of a candidate was written on the wrong space, it should be
counted if the intention to vote for him can be determined as when there is a
complete list of names of candidates for other offices written below his name
or the voter wrote the office for which he was elected the candidate.
CANVASSING
Canvassing Bodies
1. Congress President, Vice-president
2. COMELEC Senators, Regional officials
3. Provincial Board of Canvassers (BOC) Congressmen, Municipal officials
4. District BOC Congressmen, Municipal officials
5. City and Municipal BOC Congressmen, City and Municipal officials
6. Barangay BOC Barangay officials
COMELEC has direct control and supervision over the BOC except Congress. It
may motu proprio relieve at any time and substitute any member of the board of
canvassers (Sec 227, OEC)
PRE-PROCLAMATION CONTROVERSY
- any question pertaining to or affecting the proceedings of the board of
canvassers which may be raised by any candidate or by any registered political party or
coalition of political parties before the board or directly with the Commission, or any
matters raised under Secs 233, 234, 235 and 236 in relation to the preparation ,
transmission, receipt, custody and appreciation of the election returns. (Sec 241, OEC)
COMELEC shall have exclusive jurisdiction of all pre-proclamation controversies
(Sec 242, OEC)
Issues that may be raised in pre-proclamation controversy
1. Illegal composition or proceedings of the board of canvassers
2. The canvassed election returns are incomplete, contain material defects,
appear to be tampered with or falsified, or contain discrepancies in the same
returns or in authentic copies thereof

4. When substitute or fraudulent returns in controverted polling places were

canvassed, the results of which materially affected the standing of the
aggrieved candidates.(Sec 243, OEC)
General Rule:
Candidates and registered political parties involve in an election are allowed to
file pre-proclamation cases before the COMELEC.
Exception:
Pre-proclamation cases are not allowed in elections for President, Vice-president,
Senators, and Members of the House of Representatives. However, this does not
preclude the authority of the appropriate canvassing body motu proprio or upon written
complaint of an interested person to correct manifest errors in the certificate of canvass or
returns
PROCLAMATION
In the absence of an appeal, the Board of Canvassers shall proclaim the winner.
ELECTION OFFENSES
Prohibited Acts: (Sec 261, 262, OEC)
Vote buying and vote selling
Conspiracy to bribe voters
Wagering upon result of election
Coercion of subordinates
Threats, intimidation, terrorism, use of fraudulent device or other forms of
coercion
Coercion of election officials and employees
Appointment of new employees, creation of new position, promotion, giving of
salary increases
Intervention of public officers and employees
Undue influence
Unlawful electioneering
Others
Jurisdiction
a. Investigation and Prosecution: COMELEC
b.Trial and decision:
RTC exclusive original jurisdiction any criminal action or proceedings
for violation of OEC
Exception: offenses relating to failure to register or failure to vote
(MTC)
Prescription: 5 years from the date of their commission
ELECTION CONTEST
Original Exclusive Jurisdiction
1. Supreme Court
President
Vice-president

 Regional officials
Provincial officials
City officials
5. Regional Trial Court
Municipal officials
6. Metropolitan Trial Court, Municipal Circuit Trial Court, and Municipal Trial
Court
Barangay officials
Sangguniang Kabataan
Appellate Jurisdiction
1. For decisions of RTC and MTC
- appeal to COMELEC whose decision shall be final and executory
2. For decisions of COMELEC
- petition for review on Certiorari with SC within 30 days from receipt of
decision on ground of grave abuse of discretion amounting to lack or excess
of jurisdiction or violation of due process
3. For decisions of Electoral Tribunal
-petition for review on Certiorari with SC on ground of grave abuse of
discretion amounting to lack or excess of jurisdiction or violation of due
process
ACTIONS WHICH MAY BE FILED
ELECTION PROTEST
- filed by any candidate who has filed a certificate of candidacy and has been
voted upon for the same officer
- on the grounds of
Fraud;
Terrorism;
Irregularities, or;
Illegal acts, committed before, during or after casting and counting of
votes
- filed within 10 days from proclamation of results of election
QUO WARRANTO
- filed by any registered voter in the constituency
- on the grounds of
Ineligibility, or;
Disloyalty to the Republic
- filed within 10 days from proclamation of results