ELECTION LAW COURSE OUTLINE

I.

Introduction: Right to Suffrage

1987 Constitution, Article V (Suffrage)

Some Basic Concepts
Cases
- Akbayan v. Comelec, 355 SCRA 318
- People vs. San Juan, 22 SCRA 505
- Lambino v. Comelec 505 SCRA 160)
Who may exercise the right to vote
Punos Dissenting Opinion, Tolentino v. COMELEC, G.R. No. 148334,
Jan. 21, 2004
II.

III.

Voters Registration
Who may register
Secs. 1 and 8, R.A. 8189 (The Voters Registration Act of 1996)
Challenges to Right to Register
- Sec. 18, R.A. 8189
Exclusion and Inclusion Proceedings (Sec. 33, R.A. 8189)
- Domino vs. COMELEC, G.R. No. 134015, July 19, 1999
Disqualifications
Sec. 11 R.A. 8189
Automated Election System

Republic Act No. 8436 - AN ACT AUTHORIZING THE COMMISSION ON

ELECTIONS TO USE AN AUTOMATED ELECTION SYSTEM IN THE MAY
11, 1998 NATIONAL OR LOCAL ELECTIONS AND IN SUBSEQUENT
NATIONAL AND LOCAL ELECTORAL EXERCISES, PROVIDING FUNDS
THEREFOR AND FOR OTHER PURPOSES as amended
Cases
IV.

Arch. Capalla v. Comelec, G.R. No. 201112, June 13, 2012

Roque v. Comelec, G.R. No. 188456, September 10, 2009
The Commission on Elections

ART IX-C, 1987 Constitution

Cases:
Sarmiento vs. COMELEC 212 SCRA 307
Cagas v. COMELEC, G.R. No. 194139, January 24, 2012
Nacionalista Party vs. COMELEC, 84 Phil 49
V.

Political Parties and Party List System

Omnibus Election Code, Article VIII
Sec. 60. Definition
Sec. 101. Limitations upon expenses of political parties
Grounds for Cancellation of Registration (Party-List System Act or RA
No. 7941, 1987 Constitution Sec.2(5), Art IX C)
Relevant Laws

Fair Election Act (R.A. No. 9006)

1987 Constitution Article VI, Sec. 5 (2)
R.A. 7941 or Party-List System Act

Cases
- Liberal Party vs. Comelec, G.R. No. 191771, May 6, 2010
- Atienza v. Comelec, G.R. No. 188920 : February 16, 2010
- Lakas Demokratikong Pilipino v. Comelec, [G.R. No. 161265.
February 24, 2004
- Veterans Federation Party v. COMELEC 342 SCRA 244
- BANAT v. COMELEC, GR No. 179271 and Bayan Muna v.
COMELEC, GR No. 179295, April 21, 2009
VI.

Candidates and Certificates of Candidacy

Qualification/Disqualification
Relevant Laws
- National Candidates (1987 Constitution, Articles VI and VII)
- Local Candidates ( Local Government Code, secs. 39 and 40)
- Revised Administrative Code
- Lone candidate Law RA 8295
- Omnibus Election Code, secs. 68 and 69
Cases
- Marcos vs. COMELEC, 248 SCRA 300
- Aquino vs. COMELEC, 248 SCRA 400
Certificate of Candidacy
- Omnibus Election Code
- Sec. 73. Certificate of candidacy.
- Omnibus Election Code Sec. 74. Contents of certificate of
candidacy.
- Sec. 75. Filing and distribution of certificate of candidacy.
- Sec. 77. Candidates in case of death, disqualification or
withdrawal of another.
- Sec. 78. Petition to deny due course to or cancel a certificate of
candidacy.
Cases
- Go vs. COMELEC, GR No. 147741, May 10, 2001
- Domingo vs. City Board of Canvassers, GR No. 105365, June 2,
1992)

VII.

Campaign; Election Propaganda; Contributions and Expenditures

Omnibus Election Code secs. 79-93

Secs. 11-13, RA 7166 (An act providing for synchronized national and
local elections and for electoral reforms, authorizing appropriations
therefor, and for other purposes)
Fair Elections Act
Cases
- Adiong vs. COMELEC, 244 SCRA 272
- National Press Club vs. COMELEC, 207 SCRA 1
- Penera v. Comelec G.R. No. 181613, 11 September 2009
2

Resolution dated November 25, 2009 reversing Penera v.

Comelec
Garcia vs. COMELEC and Osmena, G.R. 170256, January 25,
2010

VIII. Election; Board of Election Inspectors (BEI); Watchers

Sec. 9, Art. IX C, 1987 Constitution
Omnibus Election Code, sec. 5 -6 Postponement of Election and
Failure of Election
RA 7166, sec. 4, Failure of Election
Omnibus Election Code, sec. 7. Special Election
Omnibus Election Code, sec. 164-177 Board of Election Inspectors
RA 6646, sec. 12 and RA 7166, sec. 26 Official Watchers
RA 6646, sec. 13 Board of Election Inspectors
Cases:
IX.

Claudio vs. COMELEC, 331 SCRA 388

Presbitero vs. Comelec, G.R. No. 178884, June 30, 2008
Loong vs. COMELEC, 257 SCRA 1
Casting of Votes

Omnibus Election Code secs. 190-205 Casting of Votes

RA NO. 9189 Absentee Voting Act
Case
- Macalintal v. Comelec 405 SCRA 614
X.

Pre-Proclamation Controversies
Omnibus election Code, secs. 241-248
sec. 15, R.A. 7166 Pre-proclamation Cases Not Allowed in
Elections for President Vice-President, Senator, and Member of
the House of Representatives
Sec. 16, R.A. 7166 Pre-proclamation Cases Involving Provincial,
City and Municipal Offices.
Secs 17-18, R.A. 7166 Pre-proclamation Controversies: How
Commenced and Summary Disposition of Pre-proclamation
Controversies
Cases:
- Belac v. COMELEC, G.R. No. 145802, April 4, 2001
- Ampatuan vs. COMELEC, G.R. No. 149803, Jan. 31, 2002
- Sarangani vs. COMELEC, G.R. No. 155560-62, Nov. 11, 2003
- Lucman vs. COMELEC, G.R. No. 166229, June 29, 1995

XI.

Election Contest

Omnibus election Code, secs. 249-260 Election Contests

Cases
Samad v. Comelec 224 SCRA631 [1993]
Lazatin v. Comelec 157 SCRA 337
Enrile v. Comelec and Sanchez G.R. Nos. 79146 & 79212, Aug.
12, 1987

XII.

Election Offenses
Omnibus Election Code, sec. 261
Cases
- COMELEC vs Noynay 292 SCRA 354
- Juan vs People 322 SCRA 125
- Ong vs Martinez, 188 SCRA 830
- Pimentel vs. COMELEC,289 SCRA 586