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SESSION NO.2: ELECTORATE AND REGISTRATION
Statement 1. RTC convicting a person based on a PD penalizing failure to vote and to
register.
1st ISSUE: Whether failure to vote and failure to register is a criminal offense
Answer: NO. Failure to vote and failure to register are not criminal offenses. The PD [penalizing
such] has been repealed by the Constitution. Thus, to vote and to register is no longer and
obligation but a right.
Basis:
a. PD 1053: prescribing the manner of serving the sentence imposed upon persons who
fail to cast their votes without justifiable cause
b. 1987 Const., art. XVIII (Transitory Provisions), §3:
SECTION 3. All existing laws, decrees, executive orders, proclamations, letters of
instructions, and other executive issuances not inconsistent with this Constitution shall
remain operative until amended, repealed, or revoked.
Statement 2. Congress can alter the list of qualifications of voters.
1st ISSUE: Whether Congress is precluded from altering the list
Answer: YES. The list [of qualifications] in the Constitution is exclusive.
2nd ISSUE: What are the qualifications?
Answer: The following are the qualifications of a voter:
1. all citizens of the Philippines
2. not otherwise disqualified by law
3. at least 18 years of age
4. have resided in the Philippines for at least 1 year
5. have resided in the place wherein they propose to vote for at least 6 months immediate
preceding the election
Basis: 1987 Const., art. V (Suffrage), §1
Q: When is the reckoning period for qualifications?
A: On the election day itself.
Q: If you are 17 can you be allowed to registered?
A: Yes. As long as you turn 18 at the time of the election.
Q: When can you apply?
A: Anytime as long as it is before the period of ban (120 days before regular elections; 90 days
before special election). During regular office hours of COMELEC.
Q: When is your application considered?
A: Every quarter. So if you apply between January to March, your application will be considered
on APRIL (since they consider the first quarter applications);
April to June applications are processed in July (for second quarter applications);
July to September are processed in October (for third quarter applications); October to December
are processed in January (for fourth quarter applications)
Q: If there is no contest and application is approved what happens next?
A: Application is approved, and the approved application form is placed on the book of voters.
Q: Difference between a qualification and a disqualification?
A: Disqualification means something happened, there is a supervening event.
Originally you were qualified but because you were convicted (based on your own doing) you
were disqualified.
Q: When is a condition a qualification, when is it a disqualification?
A: Insanity – disqualification
Q: Is it correct to say that Congress is barred from imposing any requirement for suffrage?
No. Congress is only barred from imposing a substantive requirement.
Congress is empowered to impose laws to facilitate elections.
Statement 3. COMELEC can ban a person from voting and from vying for elective office
if she does not possess the qualifications of a voter.
1st ISSUE: Whether the COMELEC can ban a voter to vote
Answer: NO. The Constitution and the OEC provides that the COMELEC cannot interfere with the
right of suffrage.
A: With regard to voting, the COMELEC has no jurisdiction to rule on one’s qualifications with
regard to the right to vote. With regard to running for elective office, COMELEC has
jurisdiction to question the qualifications of the candidate because what is involved here is not the
exercise of right to vote.
Basis:
a. 1987 Const., art. IX (Constitutional Commissions),C (COMELEC), §3 (3): “Decide, except
those involving the right to vote”
b. Omnibus Election Code
2nd ISSUE: Whether the COMELEC can ban a candidate from vying an elective office. Is it an
indirect way of determining the qualifications of a voter?
Answer: YES, considering that some of the qualifications of a voter are also qualifications of a
candidate. It is somehow an indirect way of determining the qualifications of a candidate, not a
voter.
Basis: **
Statement 4. COMELEC in a resolution declared that illegal settlers are not eligible to
be voters in that locality.
1st ISSUE: Whether the COMELEC can declare illegal settlers not eligible to be voters
Answer: NO. This amounts to a substantial requirement of ownership on residency.
A: Not allowed. Under the 1987 Constitution, no literacy or property requirement shall be imposed
on the right of suffrage. Moreover, residency requirement refers only to physical, not legal,
presence. As long as you are physically residing in that area for the required amount of time, you
can vote.
Basis: 1987 Const., art. V (Suffrage), §1
2nd ISSUE: What kind of residency is required in the Constitution?
Answer: The law requires on physical presence and not legal presence.
Basis: **
Statement 5. ERB how many members? ERB denies application filed on October 1,
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2015 on the ground that the applicant is not of age. Answer: 6 months before the day of the election
Basis:
1st ISSUE: How many members are there in the ERB? a. 1987 Const., art. V (Suffrage),§1
Answer: 3 members b. RA 8189, §9, par.1.
Basis: RA 8189, §15, par.2
2nd ISSUE: Can Imelda Marcos register in all three places?
2nd ISSUE: Whether the ERB can deny an application on the ground of age Answer: NO. She can have many residences but you can only be a registered voter once.
Answer: It depends if the application is of age on the election day (May 9,2016). Basis: RA 8189, §10, (j): a statement that the applicant is not a registered voter of any precinct;
a. YES, if the applicant is not of age on May 9, 2016.
b. NO, if the applicant is of age on May 9, 2016. Born in Cebu, parents live and stay in QC, renting/bought a condo in One Rockwell, you have
Basis: RA 8189, §9, last par. been staying here for the past 2 years. Where can you be a registered voter?
Cebu, QC, or Makati. But you can only choose one. But you can transfer from Makati to QC, Cebu
Statement 6. Right to vote vs. Right to register to Makati, etc.
- Cebu – may be argued as the domicile of origin
A: Right to vote is under the Constitution, provided the requirements are met. Right to register is - QC – you grew up in QC
statutory, and can be availed of even if you do not have the qualifications yet for as long as you - Makati – you have been in Makati for more than 6 months
meet them on the day of election itself.
Statement 8. Voter questions before the SC the ground of disqualification of sentence
1st ISSUE: What is the right to vote? of final judgment of imprisonment of a least 1 year since it amounts to a substantial
Answer: The right guaranteed by the Constitution. requirement.
Basis: 1987 Const., art. V (Suffrage),§1
1st ISSUE: Whether the ground for disqualification is a substantive qualification
2nd ISSUE: What is the right to register? Answer: NO. It does not change qualifications which shall be possessed by the voter on the day
Answer: You do not have to meet the requirements when you register for as long as on the of the registration.
election day (next election day: May 9, 2016) you meet the qualifications. Basis: see Kabataan Partylist vs. COMELEC, G.R. No. 221318, December 16, 2015 (p.41 of the
Basis: RA 8189, §9, last par. reviewer) re: substantive requirement: one which propagates a socio-economic standard which is
bereft of any rational basis to a person's ability to intelligently cast his vote and to further the
Q: Is it correct to say that Congress is barred from imposing any requirement for suffrage? public good
A: No. Congress is only barred from imposing a substantive requirement. Congress is empowered
to impose laws to facilitate elections. 2nd ISSUE: How you can distinguish a qualification to a disqualification?
Answer: Qualifications are set forth by law, while the disqualifications are possessed after
Q: When is one considered a registered voter? registration.
A: When one has accomplished and filed a sworn application for registration by a qualified voter Basis: **
before the election officer of the city or municipality wherein he resides and being included in the
book of registered voters upon approval by The ERB Statement 9. COMELEC requires a voter born here and naturalized in the US to
- Operative fact: When your name is included in the book of registered voters renounce his foreign citizenship in order to vote for the national elections.
- Book of voters: compilation of all the approved voters
- List of voters: just a list 1st ISSUE: Whether there is a need to renounce a [US] citizenship for suffrage
Answer: NO. What are only needed are:
Q: Can someone else register for you? a. to register and
A: No. b. to take an oath of allegiance
Basis: RA 9225, §§3 and 5
Q: Can you be considered registered motu proprio even without an application because you are
related to a member of the ERB? Statement 10. US green card holder Filipinos and permanent resident in the US are
A: No. There must always be a sworn application. not allowed to vote.

Statement 7. Imelda Marcos was born in Tacloban and married domiciliary of Ilocos
Norte and resided in Manila for 20 years. Tacloban ERB denied her registration for
application.
1st ISSUE: How long should Imelda have resided [in Tacloban] to be registered?
1st ISSUE: Whether permanent US residents are allowed to vote
Answer: YES. They need three (3) requirements:
a. execute an affidavit that he will resume permanent residency in the Philippines within
3 years of his registration
b. affidavit shall also include that he/she has not apply for foreign citizenship

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c. actually return to the Philippines
Basis: 1st ISSUE: When is a voter in a cancelled list?
a. [old]OAA, §5, no.4 Answer: When the registered voter is already dead
b. p.45 of the Reviewer Basis: RA 8189, §29

Statement 11. Dual citizens who have not established actual residency in the 2nd ISSUE: When is a voter in the deactivated list?
Philippines cannot vote in the Philippine election. Answer: for the grounds enumerated in RA8189
Basis: RA 8189, §27
1st ISSUE: Whether dual citizens must establish actual residence in the Philippines
Answer: NO. There is no such requirement in the Citizenship Retention and Reacquisition Act 3rd ISSUE: Besides RA8189, what are the other laws that provide for the grounds for
Basis: Nicolas-Lewis v. COMELEC, G.R. No. 162759, 4 August 2006, cited in p.46 of the Reviewer disqualifications? What are the grounds [and other grounds]?
Answer: Biometrics Law
Statement 12. List of voters and Book of Voters are one and the same thing. Basis: RA 10367, §11: Prohibited Acts
(1) any person who prohibit, impede, obstruct or prevent biometric registration through
1st ISSUE: What is the list of voters? force, intimidation or monetary consideration;
Answer: enumeration of names of registered voters in a precinct duly certified by the Election (2) any public official or person who, under the guise of implementing this Act, shall
Registration Board for use in the election unjustifiably and without due process, cause the deactivation or reactivation of any
Basis: RA 8189, §3, (d) registered voter.

2nd ISSUE: What is the book of voters? Q: Failure to vote in two preceding elections is argued to be unconstitutional as it imposes a
Answer: compilation of all registration records in a precinct substantive requirement.
Basis: RA 8189, §3,(c) A: Constitutional, because a ground for deactivation does not amount to a substantive
requirement. It is only procedural. Besides, he can apply for reactivation.
Statement 13. Aside from the No Bio, No Boto, the COMELEC also adopted the no VIC,
no boto. Statement 16. Seafarers/OFWs can vote for local positions.

1st ISSUE: Whether no VIC [voter’s identification card], no boto is proper 1st ISSUE: Whether OFWs can vote for local positions
Answer: NO. There are other ways to be identified i.e. biometrics. Answer: YES, if they are here in the Philippines. Otherwise, they can only vote for the nationally
Basis: ** elected officials.
Basis: RA 9189, §§4 and 10, provided clause
Statement 14. COMELEC defines registration as the filing of an application form before
any COMELEC division and allows motu propio registration. Statement 17. COMELEC issues a resolution that the list is permanent and not subject
to change.
1st ISSUE: What is registration?
Answer: Registration constitutes the following operative acts: 1st ISSUE: Whether the list of voters is permanent
(1) act of accomplishing and filing a sworn application for registration by a qualified voter Answer: YES, but subject to change.
(2) before the election officer of the city or municipality wherein he resides; and Basis: RA 8189
(3) including the same in the book of registered voters upon approval by the Election
Registration Board 2nd ISSUE: When is the list subject to change?
Basis: RA 8189, §3,(a) Answer: (+/-) in the following instances:
a. registration of new voters
2nd ISSUE: Whether the COMELEC can motu proprio register b. transfer of residency
Answer: NO . The person must apply. c. deactivation
Basis: see RA 8189, §3,(a) d. reactivation
e. cancellation
Statement 15. Would you rather that your boyfriend is in the cancelled list or f. petitions for inclusions and exclusions
deactivation list. What are the grounds for disqualification? g. annulment of the book of voters
Basis: RA 8189, §§ 10, 12, 27, 28, 29, 34 ,35, and 39
A: No! Those in the cancelled list are dead. The following are grounds to be placed in the
deactivated list: 1) disqualified to vote, 2) excluded from the list by the Court, 3) failed to vote in Q: Subtraction of 200 voters in one decision. Possible?
the 2 previous national elections, 4) loss of citizenship, 5) nobiometrics (as per Biometrics Law). A: Yes. Annulment of Book Voters.

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1st: MTC
Statement 18. Petition for inclusion filed on the ground of failure to apply for 2nd: CA
registration. 3rd: SC – on pure questions of law
Basis:
1st ISSUE: Whether failure to register is a ground for inclusion a. RA 8189, §33
Answer: NO. Failure to register is not a ground for a petition for inclusion b. 1987 CONST., art. VIII, §4, (e)
Basis: Diawan v. Inopiquez, 358 SCRA 10 cited in p.42 of the reviewer
Statement 22. Presidential candidate questions the constitutionality of the statutory
2nd ISSUE: What are the grounds for inclusion? power given to the COMELEC to annul the book of voters since this amounts to ruling
Answer: There are only two ground provided by law: over once right of suffrage.
a. whose application for registration has been disapproved by the Board or
b. whose name has been stricken out from the list 1st ISSUE: Whether the grounds for annulment pertains to the substantive aspects
Basis: RA 8189, §34 Answer: NO . (see grounds)
Basis: RA 8189, §39
Statement 19. MTC judge renders a decision on an exclusion case on the ground of
lack of residency based on non-appearance of the respondent. 2nd ISSUE: What are the grounds to the annulment of the book of voters
Answer:
1st ISSUE: Whether non-appearance is a ground for exclusion on the ground of lack of residency 1. not prepared in accordance with the provisions of this Act, or
Answer: NO. Non-appearance can only be considered if the question is whether or not the voter 2. was prepared through fraud, bribery, forgery, impersonation, intimidation, force or any
is real or fictitious. Residency is not established by nonappearance in trial. similar irregularity, or
Basis: RA 8189, §32 3. contains data that are statistically improbable
Basis: RA 8189, §39
2nd ISSUE: What is the effect of non-appearance in the above case?
Answer: his non-appearance on the day set for hearing shall be prima facie evidence that the Q: Can the COMELEC void a book of voters?
challenged voter is fictitious A: Yes. Section 39 of RA 8189. Since it is procedural, it is not part of the requirements stated in
Basis: RA 8189, §32 the Constitution. It does not go into the citizenship, age, residence of the voter. The grounds to
annul are that it is prepared through fraud, bribery, forgery, impersonation, intimidation, force
Statement 20. Petition for exclusion was filed on the RTC on the ground the or any similarity irregularity (manner of preparation of the book), or which contains data that
application for registration was denied. are statistically impossible.

1st ISSUE: Whether RTC has jurisdiction
Answer: NO. The petition for inclusion should be filed in the MTC.
A: RTC has no original jurisdiction, only appellate jurisdiction, over inclusion/exclusion cases. Also,
what should have been filed before the MTC was a petition for inclusion.
Basis: RA 8189, §33
2nd ISSUE: Whether the petition for exclusion is proper
Answer: NO. The remedy is not a petition for exclusion.
Basis: RA 8189, §35
Q: Who would have jurisdiction over annulment of the book of voters?
A: COMELEC en banc since it is an administrative issue.
SESSION 3: ELECTIVE OFFICIALS AND PARTY-LIST SYSTEM
Statement 1. The Representatives of the House of Representatives are local officials.
A: Not necessarily. District representatives are national officials, locally elected. Party-list
representatives are national officials, nationally elected.

Statement 21. The SC is the 3rd level of review of inclusion cases.
1st ISSUE: Whether the SC is the 3rd level of review
Answer: It depends. Yes, if it involves purely questions of law.
A: Under RA 8189, the SC is the second level of review (first level is RTC) and only in cases
involving pure questions of law. If it is a mixed question of law and fact, go to the Court
of Appeals (it is only in this case that the SC is the third level of review).
Basis: 1987 CONST., art. VIII, §4, (e)
2nd ISSUE: What are the levels of review in inclusion cases
Answer:
1st Issue: Whether district representatives are local officials
Answer: District Representatives are national officials elected through its legislative district
[elected locally]
Basis: Const., Art. VI Section 5(1)
2nd Issue: Whether party-list representatives are local officials
Answer: Party-list representatives are national officials elected nationally.
Basis: Const. Art. VI Section 5(1)
*note* Agra mentioned those in the Constitution are national officials while the rest are local
officials.

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Is Congressman Luigi Campos holding a national elective office?
In terms of constituency, local. (As a district representative)
In terms of the party-list representative, national.
Statement 2. On May 9 2016 all elective positions will be filled up.
Issue: Whether all the elective positions are fill up on May 9, 2016 [election day]?
Answer: No. All elective positions are filled except ½ of Senate and Barangay Election
Basis:
1) For Barangay: R.A. 9340 amending R.A. 9164 states that Barangay Election shall be on
the last Monday of October
2) Synchronized Election Law [R.A. 7166] provides “In accordance with the policy
hereinbefore stated, there shall be an election for President, Vice-President, twenty-
four (24) Senators, all elective Members of the House of Representatives, and all
elective provincial, city and municipal officials on the second Monday of May, 1992.
Thereafter, the President and Vice-President shall be elected on the same day every six
(6) years; while the Senators, elective Members of the House of Representatives and
all elective provincial, city and municipal officials shall be elected on the same day every
three (3) years, except that with respect to Senators, only twelve (12) shall be elected.”
a. Ergo hindi rin kasama si Barangay
b. And kaya 12 Senators na lang every 3 years
*note* ARMM election will be on May 9 this year. The others will be synced.
What are the positions?
National: Pres, VP, Senate, House (District / Party-list)
Local: ARMM, Province, City, Municipality, Barangay
Statement 3. All elective positions and their qualifications are delineated in the 1987
Constitution.
Issue: Whether All elective positions and their qualifications are delineated in the
1987 Constitution.
Answer: No. Only elective national positions are found in the Constiution. Local Officials are found
in the Local Government Code. For ARMM, it’s found in the Organic Act of Muslim Mindanao.
Basis: For National [Const] – Art. VI, §1,2,3,4,6, 7, Art. VII, §1-4
For Local – Art. X [Const], §3, LGC of 1991 § 39
For ARMM [Organic Act] – Art. VI §1,2,6, Art. VII, § 2,3
*Note* plenary power of Congress to change statues.
Random Question: Can COMELEC have an election of judges?
Answer: No, it is with the IBP and the SC
Basis: [Const.] Art VIII
Q: Why is there a need to determine whether the qualification is in the constitution or
in a statute?
A: Amendment of the qualifications because the constitution provides that the Congress shall be
the one to determine the qualifications of local government officials.
Q: Is the power of Congress to impose qualifications of Local Government Officials
absolute?
A: No. There must be a rational connection between the office and the qualification.
Q: Can Congress require that a president of the republic and the mayor be college
graduates?
A: President – No. Constitution provides no literacy requirement other than the capacity to read
and write.
Mayor – Yes.
Statement 4. Grace Poe is? Qualified / Disqualified (choose)
Note:
Argument: disqualified – because natural born citizens are clearly defined in the Constitution.
Foundling so are not within the definition of natural born.
She was naturalized in the US – effect: renounced allegiance
She reacquired citizenship – effect: reacquired allegiance
Argument: qualified – because international law dictates that foundlings are considered as citizens
of the place wherein they are found. International law discourages statelessness.
Nicolas Lewis case – reverts to former citizenship status
Residency issue – 10 years
Use of US passport
*are foundlings not Filipino citizen?
** Chloe: if you find three babies in Iloilo, does that baby become a natural born citizen even if
he/she looks really like an African?
Note 2:
She is NOW qualified with the SC decision out.
Considered as a natural born. The burden of proof is with COMELEC to prove she was not a natural
born (Rule on Evidence)
She has abandoned her US residency. The “wrong” filling out of the CoC was not binding as it is
the true intent with must hold true (Imelda case)
Statement 5. Congress can require that a voter and a candidate for all elective offices
must be literate.
1st Issue: Whether Congress can require a voter to be literate?
Answer: No. Cannot add qualification to voter – right to suffrage. This would be a substantive
requirement, not a procedural requirement.
Basis: [Const.] Art V, § 1
2nd Issue: Whether Congress can require a candidate to be literate?
Answer: Yes, the Constitution and the LGC and under the Organic Law of Mindanao provides such
qualification:
Basis: For Local – LGC of 1991 § 39
For ARMM [Organic Act] – Art. VI §1,2,6, Art. VII, § 2,3
Statement 6. All candidates must be natural born citizens and must be above 23 years
of age on Election Day.
1st Issue: Whether all candidates should be nature born citizens?
Answer:
Natural born – national + ARMM
Not necessarily natural born, NATURALIZED is the minimum for local – all LOCAL EXCEPT ARMM
Basis:
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For National [Const] – Art. VI, §,3,6 Art. VII, §2
For Local –LGC of 1991 § 39
For ARMM [Organic Act] – Art. VI §6, Art. VII, § 3
2nd Issue: Whether all candidates must be above 23 years of age on Election Day?
Answer:
- President – atleast 40 years old
- VP same as President
- Senate – atleast 35 years old
- House of Representatives (District) – atleast 25 years old
- House of Representatives (Partylist) – atleast 25 years old except youth sector 25-30
years old
- ARMM Legislative – atleast 21 years old
- ARMM regional Governor/Vice Governor – atleast 35 years old years old
- Governor, Vice-governor, or Member of the Sangguniang Panlalawigan, or Mayor, Vice-
mayor or [Member of the Sangguniang Panlungsod of highly urbanized cities] – 21 years
old
- Members of the Sangguniang Panlungsod or Sangguniang Bayan or Punong Barangay
or Member of Sangguniang Barangay – 18 years old
- Sangguniang Kabataan – 18 – 24 years old
Basis: same as above
Statement 7. Congress provides that a provincial governor must be a college
graduate, the
governor shall be appointed by the president and serve for a 4 year term.
1st Issue: Whether Congress can provide that a provincial governor must be a college
graduate [or even a lawyer] and/or the governor shall be appointed by the president?
Answer: Yes.
The Constitution is silent about the structure of the local government.
Therefore, the Congress can determine who are elective and who are appointive.
- Education – Current: literacy; can be changed by the Congress
- Appointment – allowed because there is no list in the Constitution
Basis: [Const.] § 3 states that Congress shall enact a local government code for local officials. As
it is not the Constitution, Congress can change it
2nd Issue: Whether the provincial governor can serve a 4 year term
Answer: It depends if the provincial governor is this scenario is an elected or appointed official. If
elected – only 3 year term. If appointed, the Constitution is silent so it is possible.
Basis: [Const.] Art. X, § 8
Statement 8. The Comprehensive Dangerous Drugs Act states that all candidates for
office, whether appointive or elective, shall undergo a mandatory drug test.
1st Issue: Whether the DDA is constitutional
Answer: No. For national officials, the Consti provides the qualifications, so Congress cannot add
to that list of substantive qualifications. For local officials, the Consti has no exclusive list (it is
silent)
Basis: For National [Const] – Art. VI, §1,2,3,4,6,7, Art. VII, §1-4
For Local – Art. X [Const], §3, LGC of 1991 § 41
For ARMM [Organic Act] – Art. VI §1,2,6, Art. VII, § 2,3
Q: Drug test requirement for all elective officials?
A: National Officials - Unconstitutional for national officials since the Constitution does not impose
a drug test requirement. Constitutional requirement is exclusive.
Local Officials – Violation of a constitutional right to privacy
Statement 9. For the elections of the Pres or VP, the winner must obtain a majority
of the votes. If not, there will be a run-off elections between the top 2.
1st Issue: Whether there can be a run-off election?
Answer: No. Philippines practices the plurality system, not the majority system.
Basis: [Const] – Art. VII, § 4 􀃆 “The person having the highest number of votes shall be
proclaimed elected.”
*Note* 3 major formulas: plurality, majoritial (run off election), proportional representation (Party-
list system)
*Note 2* Dahil explicit nakasulat for President and VP, papaano for local government, pede ba?
Statement 10. Senators can be elected using electoral colleges, like the system in the
US.
Issue: Whether the Senators can be elected using electoral colleges
Answer: The Constitution provides that they must be elected at large.
Basis: [Const] – Art. VI, § 2
Q: What does “at large” mean?
A: Elected nationally by registered voters.
*Note* The number of votes that they acquire are ranked, and the top 12 Senators will be elected.
Statement 11. A vote for the Chief Executive at the national and local levels is a vote
for vice chief executive.
1st Issue: Whether A vote for the Chief Executive at the national and local levels is a
vote for vice chief executive.
Answer: It is ONLY explicitly provided in ARMM. President and Vice-President - Direct vote
Basis: [Organic Act of Muslim Mindanao] Art. VII, § 4; [Const.] Art VII, § 4
Statement 12. A person who became a district rep in 2009 in a special election due to
the death of the former representative, that person also won for district rep in 2010
and in 2013. He/she can run in the 2016 elections
1st Issue: Is this the person’s third or fourth term?
Answer: He served the unexpired portion of the first term. This is considered a term for NATIONAL.
–election protest in Pasig. [Answer is 4th term na yung 2016]
Basis: Distinction between tenure and term. Dimaporo v. Mitra
*Note* For LOCAL, you must FULLY serve that term (365 X 3) for it to be considered a term. –
tenure
*Note* National position, one day is a term.
Statement 13. Congress can provide for a Party-list system [proportional
representation] in
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electing city councilors. Issue: whether the Party-list organization can participate in 2016?
Answer : Yes. The grounds for disqualification are separate. You don’t combine the two grounds
1st Issue: Whether Congress can provide for a Party-list system [proportional 1) if it fails to participate in the last 2 preceding election; OR 2) fails to obtain at least 2% of the
representation] in electing city councilors. votes cast under the party list system in the 2 preceding elections for the constituency in which it
Answer: Yes, because the constitution is silent on the structure of local government. Congress can was registered.
determine the rules. Basis: PGBI v. COMELEC
Basis: [Const] Art. X
Statement 18. A Party-list organization which obtained 10% of the second vote shall
Statement 14. There are 55 Party-list seats in 2016. What is the formula for the Party- be entitled to 5 seats.
list seats?
Issue: Whether a party-list can have 5 seats.
Answer: Answer: No. Can only have a max of 3 seats
20% and 80% split between district & Party-list Basis: Party-list System Act [R.A. 7941] § 11
# of District Rep. / 0.8 * 0.2
If there are 235 district representatives. Statement 19. Does the 3 term limit for district reps apply to nominees?
There should be 58.75 seats for Party-list. Round up to 59 [Atty. Agra - According to SC, 20% is
mandatory], but the law says no round-off so I am not sure. Issue: Whether the 3 term limit for district representatives apply to nominee? [Thus
Basis: [Const] Art. VI. § 5, Banat v. Comelec, VFP v. COMELEC can a nominee be a representative for more than 3 terms?]
Answer: Despite the fact that we are electing the parties and not the nominees, the 3 year term
Statement 15. All parties should represent a local or national constituency and should limit should apply.
represent one of the 12 groups enumerated in the law Basis: Atty Agra: SC: three term limit applies even to the nominees. 􀃆 We are still electing the
nominee indirectly.
1st Issue: Whether all parties must represent the 12 groups represented in the law?
Answer: Party-lists can represent local, regional, or even a sectoral party. *Note* Sectoral = no Other qualification questions:
need to show track record. It’s only the nominee who must show they have a track record if they
are not part of the sector. Q: Can a COC be filed after the deadline?
Basis: Case Law according to Atty. Agra. A: General rule, no. Unless there is a valid substitution

Statement 16. You can represent the differently abled sector. Q: Are there invalid substitutions?
A: Yes.
Issue: Whether a person can represent a differently abled sector?
Answer: Yes, provided: Q: Grounds for substitution?
1) Above 25 years of age, except youth sector which is only 25-30. A: Allowable: Death, withdrawal, disqualification
2) A bona fide member of the party or organization which he seeks to represent for at Not allowed: Violation of term limit, does not meet residence requirement, COC denied due
least ninety (90) days preceding the day of the election; provided he did not change his course/cancelled
affliation within 6 months
3) Nominee must prove a track record of the advocacy if they do not factually belong to Q: Case is still pending, no decision yet, can the person be substituted?
the sector represented by their party or organization A: Yes. Because prior to the finality of the decision, the person is still a qualified candidate.
Basis:
1) Party-list System Act [R.A. 7941] § 9 Q: When do you file DQ cases?
2) Party-list System Act [R.A. 7941] § 9; see § 15 A: Lack of qualification – before the proclamation
3) Abang-Lingkod Party-List v. COMELEC ; Commission of election offenses – before proclamation
*Note* 2 kinds of member: organic or synthetic. Nuisance candidate – 5 days from last day filing of COC
*Note 2* Sectoral parties or organizations are no longer required to adduce evidence showing Misrepresentation – 25 days from filing of COC
their track record. It is enough their principal advocacy pertains to the special interest and concern
of their sector. [Abang-Lingkod Party-List v. COMELEC] Q: Vote buying, premature campaigning, terrorism during campaign period, where
do you file the case?
Statement 17. A Party-list organization registered in 2009, but did not participate in A: COMELEC Law Department or COMELEC Division (and fiscal’s office)
the 2010 elections and failed to get 2% in the 2013 elections. Can it participate in
2016? Q: Using government vehicle for campaign purposes?
A: COMELEC Law Department (or Fiscal’s Office) only

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Q: Why the difference?
A: Terrorism, unlawful campaigning, vote buying, listed under Section 68 (if under 68, you can
file with COMELEC Division and can be judicial in nature).
Other cases not listed in Section 68, COMELEC en banc will file a case (because it is
administrative in nature) and the trial will be conducted by the RTC.
Q: Qualification of district representatives?
A: NBC, 25, read and write, registered in the district, 1 year residence in the district
Q: COC indicated 6 months rather than 1 year?
A: It depends. In the Romualdez-Marcos case, her domicile of origin was considered. She was
born in Tacloban.
Q: Could she run for district representative of Manila?
A: Yes. In effect, multiple choice. She can run in Tacloban (domicile of origin) in Manila (actual
stay/permanent residence/domicile of choice).
Q: What if a candidate indicates that he is a lawyer when he is not, can it be
a ground for disqualification?
A: No. The material misrepresentation must be on a material fact and profession is not one of
the material facts needed in the filing of COC. And there must be intent to defraud.
Q: Supreme Court after you won in the election said candidate violated the 3-term
rule. What would happen to position as mayor?
A: 2nd placer. Because he is never an eligible candidate which qualified for the position, all his
votes are considered stray.
Q: Governor ER was adjudged to have violated vote buying(?) 1 year after the
proclamation?
A: Apply rule on succession. Since ER was qualified at first and he validly took the position of
governor.
Q: One ground by which you allow succession?
A: Commission of an election offense (when you file the COC, you were a legitimate candidate)
SESSION 4 & 5: CANDIDATES AND DISQUALIFICATIONS
Statement 1. Suffrage and Seeking Political Office is are Constitutional Rights?
1st Issue: Whether Suffrage is a Constitutional Right
Answer: Yes, it is a Constitutional Right
Basis: Art. V, § 1
2nd Issue: Whether Seeking a Political Office is a Constitutional Right
Answer: No. Seeking a Public is not a right but only a privilege.
This is based on case law. In the Pamatong case, Pamatong was declared a nuisance candidate
by COMELEC. He thus sought to enforce his candidacy by claiming that he has a right to run. The
court said that Pamatong cannot force COMELEC to include him in the list of candidate since
seeking public office is not an enforceable right but only a privilege.
Basis: (Pamatong v. COMELEC 427 SCRA 96)
Statement 2. I can run for President, Governor, and party-list representative
1st Issue: Whether I can run for said position.
Answer: Yes. Provided you have all the qualifications and none of the disqualifications
2nd Issue: (Rephrased question) Whether I can run for these three (3) positions AT
THE SAME TIME?
Answer: No. A candidate can only run for one (1) position under a CoC.
According to the Omnibus election Code, a person can only file for one position under his/her
Certificate of Candidacy.
Basis: Omnibus Election Code (BP 881) § 73 & Resolution No. 9984 Rule II, § 1
3rd Issue: What is the effect of three (3) active CoCs?
Answer: You cannot be eligible for any of them.
Basis: Omnibus Election Code (BP 881) § 73
Statement 3. Mayor Rodrigo Duterte and Representative Abigail Binay are still the
mayor of
Makati and Representative of Davao respectively.
Issue: Whether the officers are still officials today?
Answer: Yes, since Omnibus Election Code was repealed by the Fair Election Code.
Since even though the Omnibus Election Code only mentions of President, Vice President, and
Senators as retaining position after filing their CoC, the Fair Election Code EXPRESSLY repealed it
in its repealing clauses.
Basis: Fair Election Act § 14 (Repealing Omnibus Election Code (BP 881) § 67)
Statement 4. DOTC Secretary Jun Abaya can still run for governor of Cavite in the May
2016 elections?
1st Issue: He did not file his CoC last August or any CoC for any position?
Answer: Yes. Provided he substitutes a candidate within the same party-list who either died,
disqualified, or withdraws. If
it is after Dec 10, 2015 he may only substitute a candidate who has his same surname.
Basis: Omnibus Election Code (BP 881) § 77
2nd Issue: What happens to his position?
Answer: Since he is an appointive position he is deemed to have been ipso facto resigned.
Basis: Omnibus Election Code (BP 881) § 66
Statement 5. If you have a husband (you are married) how it will be indicated in the
CoC?
(Assuming we use Clavano as surname with your name: Micah Regalado)
1st Issue: What name will appear in the ballot?
Answer: Female candidates have a discretion to which surname to use as long as it complies with
the 30 character limit.
The format is: Last Name (Maiden Surname or Husband’s Surname or combination), First Name,
Nickname, and Political Party, if any.
Basis: Resolution No. 9984 Rule II, § 6
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2nd Issue: What are the three (3) options for names assuming also that you are a Basis: Resolution No. 9984 Rule II, § 4
member of a political party named AP?
Answer: (1) Regalado Micah (AP) Statement 8. Immediately after the filing of the CoC, those who filed can ask voters
(2) Clavano Micah (AP) to vote for them.
(3) Regalado-Clavano Micah (AP) 1st Issue: When was the deadline of filing of CoC?
Basis: Resolution No. 9984 Rule II, § 6 Answer: The deadline was on October 12, 2015.
Basis: Resolution No. 9981
Q. Who has the choice in this and how will the choice be indicated?
A. The candidate has the choice and it is expressed through the CoC 2nd Issue: What if you have a motorcade asking for votes?
Basis: Resolution No. 9984 Rule II, § 5 Answer: Yes it is legal. The court in an MR of the case law (Penierra?) the SC reversed itself. It
was stated that under the Automated Election Law, unlawful acts are only applicable at the start
Q: Can a common law wife use the surname of the common law husband? of the election period. Those who prior to election period solicit votes are not liable.
A: Yes. Legal wife filed a DQ case. Basis: (Penera v. COMELEC G.R. 18613 November 2009) – MR version1.
Note (Sir said): Whether we agree or not this is the ruling jurisprudence. So effectively there is
Q: Can you use the surname of another person? (In general) no premature campaigning. Also, there was no hard sell anyway of candidates before the
A: No. But if you will be known in the future using the name of another person, you may use the campaign period. There were only EPAL campaigns and they shy away from “vote for me” but
same in his COC. technically under this case, there can be no premature campaign.

Q: Can you use the nickname of another? Statement 9. A Petition to disqualify a candidate is the caption you use in all cases?
A: Yes. If you are known for that nickname.
Issue: Are there no other captions?
Statement 6. There are no candidates today (February 11, 2016) Answer: No. There are three (3) captions
1) A Petition to Disqualify is used for two (2) instances:
1st Issue: Whether there are candidates? a. If the candidate did not have the qualifications under the Constitution or Omnibus
Answer: Yes only for national position. A person is considered a candidate upon (1) filing of the Election Code
CoC; (2) They are not b. Commission of an election offense
disqualified; (3) That it is campaign period. The operative fact is the campaign period. 2) Deny Due Course or Cancel the CoC
National candidates are already present since their campaign period already started o Another caption is for Material Misrepresentations in CoC where the caption
There are no local candidates since their campaign period has not yet started yet is Petition to.
Basis: Automated Elections Law (RA 9369) § 15 & COMELEC Resolution 10049 3) Another caption is Petition to declare a candidate a Nuisance candidate
Note (Sir said): There is a discrepancy with the COMELEC Resolution and Autmated Elections Law Basis: Electoral Reforms Law (RA 6646) & Resolution No. 9523

Statement 7. The enumeration of entries in the CoC under Omnibus Election Code and Statement 10. A Petition to Deny Due Course or Cancel the CoC is the proper pleading for Grace
COMELEC Resolution 994; are all of them material? Poe and Mayor Martin Dino (Regional candidate for Duterte)

1st Issue: What are the only material? 1st Issue: Whether the petition for Grace Poe correct?
Answer: Not all are material. There are only five (5). Answer: Yes. Since she was alleged to have misrepresented herself in the CoC.
 Age Basis: Electoral Reforms Law (RA 6646) & Resolution No. 9523
 Residency
 Literacy 2nd Issue: Whether the petition was correct for Mayor Martin Dino?
 Citizenship Answer: It could be. The issue here is whether there was a proper substitution given that he was
 Registered Voter running for mayor of Pasay City but he is substituted by Duterte who will run for Presidency. We
Basis: Constitution: could say that there is material misrepresentation since Martin Dino really wanted to run for
President: Art. VII, § 2 President, he made a misrepresentation in his CoC (Not really sure about this answer of Sam
Vice-President: Art. VII, § 3 Bugay but since he was not corrected by Sir I assume this was correct)
Senator: Art. VI, § 3 Basis: Omnibus Election Code § 77 & Resolution No. 9984 Rule II, § 19
House of Representatives: Art. VI, § 6
3rd Issue: What other petition can you file against Dino? Remember he was a former
2nd Issue: What are the other requirements called and why are they called such? barangay member now he is running for Presidency.
Answer: They are only formal requirements (rather than called immaterial). They are Answer: It is possible to declare him a nuisance candidate (No explanation)
called as such since they are only required for filing. Basis: Electoral Reforms Law (RA 6646) & Resolution No. 9523

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Statement 11. A Petition to Disqualify a Candidate is the proper remedy for a
candidate whose conviction for libel has become final
1st Issue: Whether libel is an offense that could disqualify a candidate
Answer: No, candidates can only be disqualified if they committed an offense involving moral
turpitude. Since libel is an offense not involving moral turpitude, then the disqualification cannot
prosper.
Basis: Omnibus Election Code § 68
2nd Issue: What if it carries with it deprivation of political rights and there is a final
judgment? Is the petition correct?
Answer: No. According to the SC, there was a material misrepresentation in this case thus the
proper remedy is Deny Due Course or Cancel the CoC
Basis: Omnibus Election Code § 78
Note (Sir said): This is a recent case.
Statement 12. In a Petition to Disqualify a Candidate on the ground of commission of
an election offense, the COMELEC division can determine probable cause?
1st Issue: Whether COMELEC can determine probable cause?
Answer: No, for commission of an election offense a petitioner has two (2) options:
1. Disqualification of a candidate on a petition to disqualify
o The petition is filed with the COMELEC division who has jurisdiction over it, so they do not
determine
the probable cause
Q: Why not COMELEC en banc at the first instance?
A: Since the issue involves a judicial case not an administrative case (Tama ba ito kasi he
contradicted it after a few
seconds).
2. File an election offense case wherein COMELEC en banc, because it is an administrative case
o The COMELEC division will thus determine the probable cause.
Thus the statement is incorrect since the COMELEC division cannot determine probable cause on
a petition to disqualify
only in an election offense filed at the COMELEC en banc.
Basis: Omnibus Election Code § 78
Note (Sir said): Again, remember you have two (2) options depending on the ground of the
election offense:
1. COMELEC Division route (aka. The electoral aspect route)
2. Where you file an election offense like any other criminal offense (aka. The criminal aspect
route)
Statement 13. A district representative who became a permanent resident of US on
February 2, 2014. Can he validly run for the forthcoming elections?
Issue: Can he run?
Answer: He cannot run anymore. He lacks the residency required. The residency required for
district representatives is one year. Thus the date of February 2, 2014 is a material aspect in said
question.
Basis: Constitution, House of Representatives: Art. VI, § 6
Statement 14. The use of a foreign passport does not necessarily amount to
repudiation or
recantation of the Oath of Renunciation
Issue: What is established if you use the foreign passport habitually?
Answer: If the person uses his foreign passport habitually or consistently after the oath of
renunciation he can be considered to repudiate his oath. The habitual use amounts to proof that
there is a repudiation of the renunciation.
Basis: (Arnado v. COMELEC G.R 210164 August 18, 2015)
Statement 15. A candidate who has been pardoned can vie for elective office even if
the
dispositive portion of the Presidential pardon states: “That the one pardoned is hereby
restores his civil and political rights except his right to run for elective office.”
Answer: No. He cannot run since the dispositive portion is clear in the prohibition.
Basis: (Risos-Vidal v. COMELEC, G.R. No. 206666 21 January 2015)
Note (Sir said): This is not the same case as the Estrada case since in said case only in the
WHEREAS clauses can you find the restriction on Estrada from running for elective office again.
That is why the court gave more weight on the dispositive portion of Estrada case since in said
portion, it was stated that he will be given a FULL restoration of his rights.
Statement 16. The incumbent Governor of Laguna can run for Mayor of Paranaque in
the May 2016 elections? Assuming also that he can prove he is a resident of
Paranaque.
1st Issue: What must he do for him to run for Paranaque?
Answer: He must transfer his residency to Paranaque
Basis: (Limbona v. COMELEC G.R. 186006 16 October 2009) – talks about the requisites of transfer
of domicile.
2nd Issue: What will happen to his position as Governor of Laguna?
Answer: He will be deemed removed as governor of Laguna because district qualifications are
CONTINUING, which the officer must possess all throughout his tenure.
Basis: House of Representatives: Art. VI, § 6
Statement 17. Vote buying and appointment of public officials committed during the
prohibited period are grounds to disqualify a candidate to COMELEC division at the
first instance?
1st Issue: Whether Vote buying is cognizable under the COMELEC Division?
Answer: Vote buying is one of the grounds under Section 68 under Omnibus Election Code for
disqualification
Basis: Omnibus Election Law § 68 & (Ejercito v. COMELEC G.R. No. 212398 November 25, 2014)
– case talks about disqualification pursuant to Sec. 68 Omnibus Election Code.
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2nd Issue: Whether appointment of public officials committed during the prohibited
period is cognizable under the COMELEC Division?
Answer: No since it is not a ground under Section 68 of Omnibus Election Code. The list is exclusive
so you file at a
fiscal’s office or COMELEC Law Department for an election offense case. Then they will file an
information to COMELEC
en banc. The list under Section 68 of Omnibus Election is EXCLUSIVE.
Basis: (Ejercito v. COMELEC G.R. No. 212398 November 25, 2014)
Note (Sir said): If there is an election offense under Sec. 68 there are two (2) options to disqualify:
1. File a disqualification case at the COMELEC Division (Electoral Aspect)
2. File an election offense at the prosecutor’s office or the Law Department who will file the
information to the COMELC en banc.
If the offense is not in the list, then you only have one option (1), you file an election offense
case.
Q: Would you consider giving out pens, papers, fans as vote buying?
A: No. It is done during campaign period. And one must consider the intent/design of the material
because not all acts of beneficence are considered campaigning.
Q: What is the fine line between allowable campaign and vote buying?
A: There are certain paraphernalia allowed by law.
Q: A mayor (re-electionist) gives out basketballs during the campaign period with his
names written in the balls in line with the sports and education program?
A: The activity is not campaigning. The operative act is not present. Putting his name in the balls
does not necessarily mean you are already campaigning. Not all acts of beneficence are considered
campaigning. (Advantage of incumbent officials)
Statement 18. A petition to declare a candidate a nuisance candidate can be filed
today on the ground that he has no resources and has poor health
Answer: Can be a ground according to case law.
Basis: (Pamatong v. COMELEC G.R. No. 161872 April 13, 2004)
Statement 19. A petition to disqualify a candidate can still be filed at May 10, 2016?
1st Issue: When you file a petition to disqualify what are you assailing?
Answer: You are assailing their qualifications for the position or that they committed an election
offense.
Basis:
2nd Issue: So when is the deadline?
Answer: Anytime before proclamation. So provided there is no proclamation for the particular
candidate.
Basis: Resolution No. 9523 Rule 25 § 3
Statement 20. A Common law wife who is not a lawyer who uses the surname of
common law husband at the CoC and represents that she is a lawyer her CoC should
be cancelled
1st Issue: Representation of the common law wife can be a file to cancel CoC?
Answer: No, jurisprudence shows that the use of common law wife of surname of husband in
good faith was deemed to
have been upheld since material representation.
Basis: (Salcedo v. COMELEC 312 SCRA 447)
2nd Issue: So what are the requisites for Material Misrepresentation?
Answer: Three (3) requisites:
1. Material
2. Intent or Deliberate
3. Willful
Basis: (Tecson v. COMELEC 424 SCRA 277)
Note (Sir said): This could be a case for falsification since this was done under Oath. However
since this is not a material
misrepresentation, then not a ground for disqualification.
Statement 21. A candidate for district representative that indicates that she is a
resident of
Tacloban city for 7 months prior to Election Day, can be allowed to run for said
position.
Answer: It depends, according to the Marcos case where Imelda was allowed to run as a candidate
by the SC despite lacking in number of months according to her CoC, the SC said that it depends
on whether she possess the qualifications.
What is important is the qualifications rather than the entries in the piece of paper.
Basis: (Imelda-Romualdez v. COMELEC G.R. No. 119976 September 18, 1995)
Statement 22. The proclamation of the candidate renders moot all pending petition to
disqualify the candidate.
1st Issue: What is the effect to the pending petitions?
Answer: Not yet moot, since the proclamation cannot deem moot the petition
Basis Resolution No. 9523 Rule 25 § 5
2nd Issue: Can a candidate be disqualified after proclamation?
Answer: Yes, according to the Government Ejercito of Laguna case.
Basis: (Ejercito v. COMELEC G.R. No. 212398 November 25, 2014) – read the case since wala sa
reviewer
3rd Issue: Assuming you are a candidate and you know you are about to lose and you
file a disqualification case to the most likely to win candidate, what can you do?
Answer: You file under RA 7166 a motion to suspend showing that the evidence of guilt is strong.
This would hopefully convince the COMELEC to suspend the proclamation.
Basis Resolution No. 9523 Rule 25 § 3 (I checked RA 7166 it only talks about suspension of
canvass so I think Resolution No. 9523 is more proper as it has the “EVIDENCE OF GUILT IS
STRONG” aspect)
Statement 23. Proclamation amounts to condonation of offenses committed
administratively and criminally.
Answer: No, according to Carpio v. Binay, this does not amount to condonation of past offenses.
However in case of Binay, it was allowed for such exceptional instance ONLY IN THIS INSTANCE
OF BINAY. In the past a proclamation amounted to condonation of administrative cases. In
present, there is no more condonation in both instances.
Basis: (Carpio-Morales v. Binay G.R. No 217216-27 November 10, 2015)
Statement 24. You can file any of the four (4) petitions
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Answer: No, not all:
- Petition to Disqualify – YES since any citizen or registered voter or registered political 2nd Issue: Assume that Martin Dino withdrew before Dec. 10, 2015 and he was
party can file substituted before Dec. 10, 2015?
- Petition to Declare a Candidate Nuisance – NO, only candidates in said position can file Answer: Yes, the substitution was proper.
against their co-candidates for being nuisance. Basis: Resolution No. 9984 Rule II, § 19
- Petition to Cancel or Deny Due Course – YES since any citizen or registered voter or
registered political party can file 3rd Issue: Assume that Martin Dino has a petition to declare him a nuisance candidate
- Petition to Disqualify on ground of election offense – YES since any citizen or registered can he be substituted? Assume that it was just filed and he withdrew, is that possible?
voter or registered political party can file Answer: Yes, since he was not yet declared a nuisance and his withdrawal renders the case moot
Basis: Resolution No. 9523 and academic.
Basis: (Fermin v. COMELEC G.R. No. 179695 December 18,2008) – though this talks about
Statement 25. Certificate of Candidacy can still be filed today even on May 9, 2016 Disqualification and Cancellation of CoC since wala sa book specifically nuisance (p. 23 Reviewer)

Answer: It depends, since the deadline for substitution of candidates was December 10, 2015 (For
withdrawal). However for death and disqualification, it is on 12 noon of May 9, 2016.
Statement 26. Presidential Candidate Seneres passed 2 days ago can he be substituted
by
anyone.
1st Issue: Can he be substituted?
Answer: No, since he withdrew his CoC before he passed away. So the deadline was on Dec. 10
2015.
Basis: Resolution No. 9984 Rule II, § 19
2nd Issue: Assuming he did not withdraw and the one who wants to substitute is a
relative?
Answer: Yes, provided that the relative has the qualifications and none of the disqualifications for
the position aspired and a part of the same political party.
Basis: Resolution No. 9984 Rule II, § 19
Statement 27. Vice President Binay, DILG Sec. Mar Roxas, and Senator Grace Poe can
be
substituted by their running mates for Vice President.
1st Issue: Can Binay and Mar Roxas be substituted by their running mates?
Answer: Yes, provided the persons are within their political party.
Basis: Resolution No. 9984 Rule II, § 19
2nd Issue: Can Grace Poe be substituted by her running mate as Vice-President Chiz
Escudero?
Answer: No, since Grace Poe is an independent candidate thus cannot be substituted
Basis: Resolution No. 9984 Rule II, § 19
4th Issue: Assume that Martin Dino was declared a nuisance candidate?
Answer: No, since the law does not provide for a substitution for a nuisance candidate.
Basis: Omnibus Election Code (BP 881) § 77
Statement 29. A candidate subject of petition to disqualify cannot be substituted.
Remember there are two grounds of petition to disqualify (Grounds: Qualification and
Election Offense)
Answer: It depends on each case:
1. Petition to Disqualify on Ground of Lack of Qualification - NO
􀃆 Since you are not a candidate from day one.
􀃆 This includes the fact that you exceeded the term limits
2. Petition to Disqualify on Ground of Commission of Election Offense – YES
􀃆 Since you possessed the qualifications but simply committed an offense.
Basis: (Fermin v. COMELEC G.R. No. 179695 December 18,2008) (p. 28-29 of Reviewer NOT p.23)
Statement 30. A Mayoralty candidate who withdraws his CoC can substitute for a
Presidential candidate because? And said Mayoralty candidate can be substituted by
his daughter.
Answer: Yes provided the Presidential aspirant has all the qualifications and none of the
disqualification for the Presidential position and in he is also in the same political party as the to-
be-substituted candidate. The daughter also must comply with the requirements, it was filed within
the period provided for substitution, and that they are from the same
political party.
Basis: Case of Digong Duterte, Martin Dino, and Former Mayor Sarah Duterte. (Transcript)
Note (Sir said): In the past a regional candidate cannot substitute for a local candidate under
COMELEC resolution.
There is no law about this. But now it was not implemented. We do not know if it is inadvertence,
purposively done or whatever since I do not know.

Statement 28. Mayor Duterte can substitute for Mayor candidate Martin Dino, who is
under the same party.
1st Issue: Can there be a substitution?
Answer: No, since Martin Dino is running as a Mayor of Pasay. Assuming that he is running for
President then it is still improper since he did not withdrew, was not disqualified, or did not die.
Basis: Resolution No. 9984 Rule II, § 19
Statement 31. A candidate nominated two (2) registered political parties can be
substituted.
Assuming that the candidate has two (2) CONAs (for political party) then.
1st Issue: Can there be a substitution?
Answer: No, since if that is the case, the resolution treats her as an independent candidate.
Basis: Resolution No. 9984 Rule I, (D) § 12

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2nd Issue: Assuming that the 2 political parties are part of a coalition, can there be a
substitution?
Answer: Yes, since the two parties are considered then one political party.
Basis: Resolution No. 9984 Rule I, (D) § 12
Statement 32. Vice mayor becomes the mayor, when the latter was disqualified after
proclamation on the ground that he committed an election offense and he was not a
resident of the locality.
Answer: It depends since if that is the case, the resolution treats her as an independent candidate.
1. Commission of Election Offense – YES, since we follow the rule of succession.
2. For Lack of Qualification, Material Misrepresentation or Nuisance – NO, since we treat the votes
of the winning candidate as stray votes thus the 2nd placer will be the one to succeed.
Basis: Resolution 9523
Statement 33. The House Speaker can refuse to enter the name of 2nd placer when
the
incumbent is declared ineligible.
1st Issue: Can there be a substitution?
Answer: Yes, since this is a case of lack of qualification thus the 2nd placer should be declared
the winner. The 2nd placer
can compel via mandamus the Speaker since it is his duty to declare said candidate.
Basis: Case of son of Justice Presbeterio Velasco (Transcript)
Other questions:
Q: When is an activity considered a campaign? When you campaign for a person what
are you actually doing?
A: Under Section 79B of the Omnibus Election Code, it is an act designated to promote the election
or defeat of a particular candidate/s to a public office which shall include:
1. Forming organizations, associations, clubs, committees or other groups of persons for the
purpose of soliciting votes
2. Holding political caucuses, conferences, meetings, rallies
Q: A parish came out with a streamer 10x20 saying do not vote for a specific person,
will the church organization be held violating the Omnibus Election Code?
A: Diocese case. Since the streamer is not a campaign paraphernalia and the church is not a
candidate. Only the COMELEC may order the removal of the same streamer.
Q: Ads after the filing of the COC. Are those allowed?
A: Yes. Not yet campaign ads.
Q: Do you need to account the cost of these ads?
A: No. It’s not yet part of the campaign expenditures.
Q: How much should a candidate spend?
A: 10 pesos – President/VP
5 pesos – independent senator running without a political party or a member of a political party
but is not supported by the same
3 pesos – other candidates including Senators running and supported by a political party (political
party can spend 5 pesos per voter)
Q: If you are a presidential candidate how many minutes can you appear on TV?
A: 180 minutes for Radio; 120 minutes for TV per station (not aggregate)
Q: If you came out of the TV in CHANNEL 2 for 125 minutes (extra 5 minutes) is there
a defense?
A: Yes. You can say that it’s not for campaign purposes. If it’s part of the news, it is not credited.
Q: Are all appearances on TV are considered?
A: No.
Q: For expenditures, given that you are a senatorial candidate and your cap is 500
million and you spent 520 million, is there a defense for the excess 20 million?
A: Yes. Not all expenditures should be accounted for (printing of ballots, paying for your election
lawyer)
Q: Can you display a campaign streamer/poster out of your house?
A: Streamer – no; under the law, can only be used 5 days before a rally and 24 hours after a rally
- In what way can you not need to remove the streamer? Hold a rally
everyday. HAHAHAHA FUNNY NI SIR
Poster – yes provided the owner of the house consented; size: 2x3 feet
Q: Can you argue free speech?
A: No SC decision yet
Q: Can Manny Pangilinan contribute to a campaign?
A: Yes. According to the law, only a corporation is prohibited to contribute.
Q: Can movie actors appear during campaign period?
A: Cannot appear in movies during the campaign period.
Q: Can you appear before the billboards?
A: Apply before the COMELEC.
Q: If an organization is registered before the SEC, can it field candidates in elections?
A: It depends if it is registered with the COMELEC. If registered, yes. If not, no.
Q: Can Iglesia ni Cristo field a candidate?
A: No.
Q: Organization inspired by the teachings of INC?
A: Yes.
Q: Can Communist Party of the Philippines participate in the election of party-list?
A: No. It seeks to achieve their goals through unlawful means.
Q: 2 factions in PDP-Laban who has jurisdiction to resolve?
A: PDP-Laban since it is an internal matter. The COMELEC has no jurisdiction to resolve the same.
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COMPILED TRANSCRIPTS – PIRATES
ELECTION LAW
Q: Is there a particular intra-party dispute wherein COMELEC would have jurisdiction?
A: Leadership of the party. Those which are in relation/incidental to the discharge of the
COMELEC’s constitutional functions (intra-party leadership dispute as an incident of its power to
register political parties)

Q: Use of name cognizable by the COMELEC division?

A: No. Intra-party so not cognizable by COMELEC.

Q: For 2019 Election, your advice is sought by a national registered party with LGBT
members if they can participate in the party-list system?

Q: Can the national party participate in the party-list elections?

A: If they field candidates in the legislative district elections, they cannot. They must have a
sectoral wing which is independent and linked to the political party.

Q: If a party-list has no sectoral line represented can it participate?

A: Yes. The sectoral representation is only needed in sectoral party-lists. National and regional
party-lists does not need to have a sectoral bias in order to participate in the elections.

Q: Any other election for the national registered organization to participate?

A: If they do not field district representatives and provided that they are accredited

Q: Requirement to be a nominee of an LGBT/Women’s Party?

A: Bona fide member, track record of participation in the advocacy

Q: Can Mar Roxas be a nominee for a party-list?

A: No. A nominee must not have run in the previous election.

Q: How many party-list seats do we have today?

A: 59. (58.75 according to the computation; round off)

Q: Why not 58?

A: Prohibition against rounding off, applies on the number of seats in the House of Representatives
or the seats given? Seats given.

Q: Must all the seats be filled up? (20%)

A: Yes.

Q: Is it correct to say that a party garnering less than 2% would have a seat?
A: Yes. Abang-Lingkod. The 2% threshold is unconstitutional because it would defeat the purpose
of giving 20% of the House seats for marginalized.

Q: What if the 2% threshold there are other seats available?

A: Yung 2nd round thing na sinabi ni Dean beforeeeeee. COCOFED/Veterans case.

Q: Can a party get more than 3 seats?

No. Only one party can get 3 seats.

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