Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
ELECTION LAWS
Election
Embodiment of the popular will, the expression of the sovereign power of the people.
Components:
Choice or selection of candidates to public office by popular vote
Conduct of the polls
Listing of votes
Holding of Electoral campaign
Act of casting and receiving the ballots from the voters
Counting the ballots
Making the election returns
Proclaiming the winning candidates
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.
Special election is when there is 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.
Political Parties
Definition (Omnibus Election Code)
An organized group of persons pursuing the same ideology, political ideas or platforms of
government including its branches and divisions.
Candidates
Rules on Filing of Certificates of Candidacy
1. No person shall be elected into public office unless he files his 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 rules, restrictions and
processes involving candidates.
2.1 Sentenced by final judgment for an offense involving moral turpitude or for an offense
punishable by one year or more of imprisonment within two years after serving sentence
2.3 Convicted by final judgment for violating the oath of allegiance to the Republic
2.6 Permanent residents in a foreign country or those who have acquired the right to reside
abroad and continue to avail of the same right
2.7 Insane or feeble-minded
1. Nuisance candidate
2. Violation of sec 73 of OEC with regard to certificate of candidacy
3. Violation of sec 78 which is material misrepresentation of reqts under sec. 74.
* Disqualifications (from continuing as a candidate or from holding the office if already elected):
Any candidate, who in an action or protest in which he is a party is declared by final decision of a
competent court guilty of, or is found by the Commission of having:
1. Given money or other material consideration to influence, induce or corrupt the voters or
public officials performing electoral functions.
2. Committed acts of terrorism to enhance his candidacy
3. Spent in his election campaign an amount in excess of that allowed by the Omnibus Election
Code )
4. Solicited, received or made any contribution prohibited under this Code
5. Violated any of the following sections: Section 80, 83, 85,86,261
6. Permanent resident of or an immigrant to a foreign country shall not be qualified to run for any
elective office UNLESS he/she has waived his/her status as a permanent resident/immigrant of a
foreign country in accordance with the residence requirement provided for under election laws.
Nuisance Candidates
A. The term refers to candidates who have no bona fide intention to run for the office for which
the certificate of candidacy has been filed and would thus prevent a faithful determination of the
true will of the people.
B. Power of COMELEC
1. 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.
1. Certificate of candidacy has been filed to put the election process in mockery/disrepute or
2. To cause confusion among the voters by the similarity of the names of the registered
candidates
3. Other circumstances which clearly demonstrate that the candidate has no bona fide intention
to run for the office
B. The petition should be filed not later than 25 days from the filing of the certificate of
candidacy.
C. It should be decided not later than 15 days before the election, after due notice and hearing.
2) It includes:
A. Forming organizations, associations, clubs, committees or other groups of persons for the
purpose of soliciting votes and/or undertaking any campaign for or against a candidate.
B. Holding political caucuses, conferences, meetings, rallies, parades or other similar assemblies
for the purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a
candidate.
3) When the acts enumerated above are NOT considered an election campaign/partisan political
activity.
If the acts are performed for the purpose of enhancing the chances of aspirants for nomination for
candidacy to a public office by a political party, aggroupment, or coalition of parties.
RA 9006 FAIR ELECTION ACT
Important Features:
1) Repeal of Sec. 67 of the OEC Now, any ELECTIVE official, whether national or local, running
for any office other than the one which he is holding in a permanent capacity shall not be
considered ipso facto resigned from his office upon the filing of his certificate of candidacy.
2) Lifting of the Political Ad Ban Written and Printed Materials (8.5 W x 14L)
Letters
Posters (2 x 3) in common-private poster areas ( not more than 10 public places per political
party or independent candidate, 12 16), private places and public places
Television: 120 minutes for candidate for nationally elective office and 60 for local
Radio: 180 minutes for candidate for nationally elective office and 90 for local
COMELEC free space (3 national newspaper for nationally elective officials and 1 national
newspaper for local) and airtime
(3 national television networks for nationally elective officials and 1 station for local ) : equal
allocation for all candidates for 3 calendar days
Voters
Qualifications
B. Educational activities
A: No more, because 8189 (7) provides for such only for the May 98 elections
Disqualifications
A. If sentenced by final judgment to suffer imprisonment for not less than 1 year and such
disability was not removed by plenary pardon or has not been granted amnesty. However, any
person disqualified to vote shall automatically reacquire the right to vote upon expiration of 5
years after service of sentence.
B. Any person who has been adjudged by final judgment by competent court or tribunal of having
committed any crime involving disloyalty to the duly constituted government such as rebellion or
any crime against national security:
1. UNLESS restored to his full civil and political rights in accordance with law.
2. However, he shall regain his right to vote automatically upon expiration of 5 years after service
of sentence.
A. The municipal and metropolitan trial courts shall have original and exclusive jurisdiction over
all matters of inclusion and exclusion of voters from the list in their respective municipalities or
cities. Petition filed at any time except 105 days before regular election or 75 days before special
election
B. Decisions may be appealed to the RTC within 5 days from receipt of notice of decision.
C. RTC will decide the appeal within 10 days. Decision is final and executory.
D. Note: Relate this to Article IX of the Constitution which provides that the COMELEC has no
jurisdiction over questions involving the right to vote.
E. Exclusion is through sworn petition and not later than 100 days before regular election; 65 days
before special election
Deactivation means removing the registration records of persons from the precinct book of voters
and place the same, properly marked and dated in indelible ink, in the inactive file after entering
the cause of deactivation.
Affidavit
Not later than 120 days before regular election and 90 days before special election
Annulment of Book of Voters is through verified petition; notice and hearing; not prepared in
accordance with law or prepared through fraud, bribery, forgery, impersonation, intimidation,
force, any similar irregularity or which contains data that are statistically improbable
Postponement of Election
Causes
Violence
Terrorism
Loss or destruction of election paraphernalia/records
Force majeure
Other analogous causes
Effect
It is impossible to hold a free, orderly and honest election in any political subdivision
COMELEC can postpone the election (when decided by a majority vote of the COMELEC sitting en
banc, RA 7166):
A. Motu proprio
B. Upon a verified petition by any interested party, after due notice and hearing
The date of the postponed election should be reasonably close to the date of the election not
held, suspended, or which resulted in a failure to elect. It should not be 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
Causes
Force majeure
Violence
Terrorism
Fraud
Other analogous causes
Under RA 7166, the causes for the declaration of the failure of election may occur before or after
the casting of votes or on the day of the election.
A. Election in any polling place was not held on the date fixed;
B. Election was suspended before the hour fixed by law for the closing of the voting
C. Elections results in a failure to elect (after the voting and during the preparation and
transmission of the election returns or in the custody or canvass thereof)
AND the failure or suspension of the election would affect the result of the election
Remedy
COMELEC can call for the holding or continuation of the election not held, suspended, or which
resulted in a failure to elect. The election should be held not later than 30 days after the
cessation of the cause of the postponement or suspension of the election or failure to elect. This
is decided by the COMELEC, by a majority vote of its members, sitting en banc.
Nomination of party-list reps should 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
Incumbent sectoral representatives in the House of Representatives who are nominated in the
party-list system shall not be considered resigned
Party List Reps constitute 20% of the total number of the members of the House of Reps including
those under the party-list
How do we determine the number of party list seats in the House of Reps?
Pre-Proclamation Controversies
Definition
2. It would also refer to any matter raised under Sections 233, 234, 235, and 236 of the Omnibus
Election Code in relation to the preparation, transmission, receipt, custody, and appreciation
of the election returns. (Board of canvassers have original jurisdiction while COMELEC have
appellate jurisdiction)
1. When election returns are delayed, lost or destroyed (Sec.233)
2. Material defects in the election returns (Sec. 234)
3. When election returns appear to be tampered with or falsified. (Sec. 235)
4. Discrepancies in election returns (Sec. 236)
C. Those that can be filed with COMELEC directly are the ff:
Issue involves the illegal composition or proceedings of the board of canvassers, as when a
majority or all of the members do not hold legal appointments or are in fact usurpers
Issue involves the correction of manifest errors in the tabulation or tallying of the results
during the canvassing
Recount
There can be a recount under the grounds of 234-236. The returns involved will affect the results
and the integrity of the ballot box has been preserved
Procedure
Matters relating to the preparation, transmission, receipt, custody and appreciation of the
election returns, and certificate of canvass, should be brought in the first instance before the
board of canvassers only.
It suspends the running of the period within which to file an election protest or quo warranto
proceedings.
Pre-proclamation cases on matters relating to the preparation, transmission, receipt, custody and
appreciation of the election returns or the certificates of canvass NOT allowed in elections for:
(under RA 7166)
President
Vice-President
Senator
Member of the House of Representatives
BUT: The appropriate canvassing body motu propio or upon written complaint of an interested
person can correct manifest errors in the certificate of canvass or election returns before it.
BUT: Questions affecting the composition or proceedings of the board of canvassers may be
initiated in the board or directly with COMELEC.
B. This is without prejudice to the filing of a regular election protest by the aggrieved party.
1. The COMELEC determines that the petition is meritorious and issues an order for the
proceedings to continue or
2. The Supreme Court issues an order for the proceedings to continue in a petition for certiorari.
Election Contest
Original Jurisdiction
COMELEC has ORIGINAL jurisdiction over contests relating to the elections, returns, qualifications
of all elective:
Regional
Provincial
City officials
Appellate Jurisdiction
Any candidate who has duly filed a certificate of candidacy and has been voted for the same
office
The defeated candidate seeks to outs the proclaimed winner and claims the seat.
Final COMELEC Decisions
Provision that decisions, final orders, rulings of the Commission on election contests involving
municipal and barangay offices are final, executory and not appealable:
A. This only applies to questions of FACT. (Flores v. COMELEC, 184 SCRA 484)
B. It does NOT preclude a special civil action of certiorari. (Galido v. COMELEC, Jan. 18,1991)
2) Jurisdiction
A. Pre-proclamation controversy
B. Election contest
3) In some cases, even if the case (involving municipal officials) began with the COMELEC
before proclamation but a proclamation is made before the controversy is resolved, it ceases to
be a pre-proclamation controversy and becomes an election contest cognizable by the RTC.
4) However, in some cases, the SC has recognized the jurisdiction of COMELEC over municipal
cases even after proclamation. Relate to the provision in RA 7166 allowing pre-proclamation
controversy proceedings to continue even after a proclamation has been made.
A. Covered acts
B. Purpose of acts
1. To induce anyone or the public in general to vote for or against any candidate or withhold his
vote in the election or
2. To vote for or against any aspirant for the nomination or choice of a candidate in a convention
or similar selection
Proof that at least one voter in different precincts representing at least 20% of the total precincts
in any municipality, city or province has been offered, promised or given money, valuable
consideration or other expenditure by a candidate relatives, leaders and/or sympathizsrs for the
purpose of promoting the election of such candidate.
Proof affects at least 20% of the precincts of the municipality, city or province to which the public
office aspired for by the favored candidate relates. This will constitute a disputable presumption
of the involvement of such candidate and of his principal campaign managers in each of the
municipalities concerned in the conspiracy
Coercion of a subordinate
1. public officer
4. employer/landowner
B. Prohibited acts
1. Coercing, intimidating or compelling or influencing, in any manner, any subordinates, members,
parishioners or employees or house helpers, tenants, overseers, farm helpers, tillers or lease
holders to aid, campaign or vote for or against a candidate or aspirant for the nomination or
selection of candidates.
2. Dismissing or threatening to dismiss, punishing or threatening to punish by reducing salary,
wage or compensation or by demotion, transfer, suspension etc.
A. Who can be held liable: Any head/official/appointing officer of a government office, agency or
instrumentality, whether national or local, including GOCCs.
B. Prohibited acts
D. Exceptions
1. Upon prior authority of COMELEC if it is satisfied that the position to be filled is essential to
the proper functioning of the office/agency concerned AND that the position is not filled in a
manner that may influence the election
2. In case of urgent need, a new employee may be appointed. Notice of appointment should be
given to COMELEC within 3 days from appointment.
Prohibition against release, disbursement or expenditure of public funds
A. Who can be held liable: Any public official or employee including barangay officials and those
of GOCCs/subsidiaries
B. Prohibited acts:
The release, disbursement or expenditure of public funds for any and other kinds of public
works
C. Period when acts are prohibited:
D. Exception
1. maintenance of existing/completed public works project.
2. work undertaken by contract through public bidding, or by negotiated contract awarded before
the 45 day period before election
3. payment for the usual cooperation for working drawings, specfications and other procedures
preparatory to actual construction including the purchase of material and equipment and
incidental expenses for wages.
4. Emergency work necessitated by the occurrence of a public calamity but such work shall be
limited to the restoration of the damaged facility.
5. Ongoing public work projects commenced before the campaign period or similar projects under
foreign agreements.
Suspension of elective, provincial, city, municipal or barangay officer
A. General rule: public official CANNOT suspend any of the officers enumerated above during the
election period.
B. Exceptions
1. With prior approval of COMELEC
2. Suspension is for the purpose of applying the Anti-Graft and Corrupt Practices Act
In relation to registration of voters/voting
Unjustifiable refusal to register and vote
Voting more than once in the same election/voting when not a registered voter
Voting in substitution for another with or without the latters knowledge and/or consent etc.
1. Causing the printing of official ballots and election returns by printing establishments not on
contract with COMELEC and printing establishments which undertakes unauthorized printing
2. Tampering, increasing or decreasing the votes received by a candidate or refusing after proper
verification and hearing to credit the correct votes or deduct the tampered votes (committed by
a member of the board of election inspectors)
3. Refusing to issue the certificate of voters to the duly accredited watchers (committed by a
member of the BEI)
4. Person who violated provisions against prohibited forms of election propaganda
5. Failure to give notice of meetings to other members of the board, candidate or political party
(committed by the Chairman of the board of canvassers)
6. A person who has been declared a nuisance candidate or is otherwise disqualified who
continues to misrepresent himself as a candidate (Ex. by continuing to campaign) and any public
officer or private individual who knowingly induces or abets such misrepresentation by
commission or omission.
7. If the chairman of the BEI fails to affix his signature at the back of the official ballot, in the
presence of the voter, before delivering the ballot to the voter. (under RA 7166)
1. Election offenses shall prescribe after 5 years from the date of their commission
2. If the discovery of the offense is made in an election contest proceeding, the period of
prescription shall commence on the date on which the judgment in such proceedings becomes
final and executory
Jurisdiction of courts
1. RTC has exclusive original jurisdiction to try and decide any criminal action or proceedings for
violation of the Code.
2. MTC/MCTC have jurisdiction over offenses relating to failure to register or vote.