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This document provides an outline of topics for an Election Law syllabus, including definitions of key concepts, the history and functions of the Commission on Elections, qualifications and procedures for voters, candidates, political parties, and party-list organizations. It also summarizes laws and jurisprudence related to absentee and overseas voting, automated elections, campaign regulations, election offenses, and appeal processes. The outline is structured in 13 sections that span all aspects of the Philippine electoral system and process based on the Omnibus Election Code and relevant statutes.
This document provides an outline of topics for an Election Law syllabus, including definitions of key concepts, the history and functions of the Commission on Elections, qualifications and procedures for voters, candidates, political parties, and party-list organizations. It also summarizes laws and jurisprudence related to absentee and overseas voting, automated elections, campaign regulations, election offenses, and appeal processes. The outline is structured in 13 sections that span all aspects of the Philippine electoral system and process based on the Omnibus Election Code and relevant statutes.
This document provides an outline of topics for an Election Law syllabus, including definitions of key concepts, the history and functions of the Commission on Elections, qualifications and procedures for voters, candidates, political parties, and party-list organizations. It also summarizes laws and jurisprudence related to absentee and overseas voting, automated elections, campaign regulations, election offenses, and appeal processes. The outline is structured in 13 sections that span all aspects of the Philippine electoral system and process based on the Omnibus Election Code and relevant statutes.
SAT 9-10AM R.A. No. 7166 (Sec. 12) RA No. 10380 (Local Absentee Voting for Media) First Assignment up to "VOTERS" R.A. No. 9189 (Overseas Absentee Voting Act of 2003) R.A. No. 10590 (The Overseas Voting Act of ELECTION LAW SYLLABUS (2018) 2013) Macalintal v. COMELEC, G.R. No. 157013, July 10, I. Election and Suffrage 2003 1. Definition People v. Corral, 62 Phil. 945 (1936) 2. History 3. Readings: Moya v. Del Fierro, 69 Phil. 199 IV. Registration of Voters (1930) 1. Qualification of Voters Badelles v. Cabili, G.R. No.L-29333, 27 February 2. Disqualifications 1969 3. Election Registration Board Dissenting Opinion of Justice Puno in Tolentino v. 4. Deactivation, Reactivation, Cancellation COMELEC, G.R. No. 148334, 21 January 2004, 5. Inclusion and Exclusion Proceedings ; 465 PHIL 385-476 Jurisdiction 6. Readings: Omnibus Election Code II. Commission on Elections R.A. No. 8189 (The Voters Registration Act of 1. History 1996) 2. Composition Yra v. Abano, G.R. No. 30187, 15 November 1928 3. Qualifications Akbayan Youth v. COMELEC, G.R. No. 147066, 26 4. Powers and Functions (1987 Constitution, March 2001 Omnibus Election Code) Kabataan Party-list v. Comelec, G.R. No. 221318, 5. Field Offices 16 December 2015 6. Readings: The Omnibus Election Code; V. Candidates Purisima v. Salanga, 15 SCRA 704 (1965) 1. Qualifications Cauton v. COMELEC, 19 SCRA 911 2. Disqualifications Roque v. COMELEC, G.R. No. 188456, 10 3. Certificate of Candidacy September 2009 (see “ponencia” and separate 4. Nuisance Candidate concurring opinion of CJ Puno) and 10 February 5. Readings: Article XI (Secs. 63-78), Omnibus 2010 (Motion for Reconsideration) Election Code Arroyo v. DOJ and Comelec, G.R. No. 199082, 18 Section 40, R.A. No. 7160 September 2012 and 23 July 2013 RA No. 10742 aka Sangguniang Kabataan Reform Ongsioko Reyes v. Comelec, G.R. No. 207264, 25 Act of 2015 June 2013 and 22 October 2013 Poe-Llamanzares v. Commission on Elections, G.R. Lico v. Commission on Elections, G.R. No. 205505, Nos. 221697 & 221698-700, 08 March 2016 29 September 2015 Maquiling v. Comelec (G.R. No. 195649, April 16, Estrella v. COMELEC, G.R. No. 160465, 27 May 2013) 2004 Arnado v. Comelec, G.R. No. 210164, 18 August Sevilla v. COMELEC, G.R. No. 202833, 19 March 2015 2013 Caballero v. Commission on Elections, G.R. No. Ibrahim v. COMELEC, G.R. No. 192289, 14 209835, 22 September 2015 January 2013 Frivaldo v. Comelec, G.R. No. 120295, 28 June Jaramilla v. COMELEC, G.R. No. 155717, 23 1996 October 2003 Mercado v. Manzano, G.R. No. 135083, 26 May 1999 III. Voters Villaber v. COMELEC, G.R. No. 148326, 15 1. Qualifications for suffrage November 2001 2. Disqualifications Lonzanida v. COMELEC, G.R. No. 135150, 28 July 3. Local Absentee Voters 1999 4. Overseas Absentee Voters Abundo v. COMELEC, G.R. No. 201716, 08 5. Detainee, PWDs, IPs, Media January 2013 6. Readings: Marquez v. COMELEC, 243 SCRA 538 The Omnibus Election Code (Sec. 118) Dela Cruz v. COMELEC, G.R. No. 192221, 13 4. Registration; Manifestation to participate in the November 2012 party-list system Atty. Risos-Vidal v. Comelec and Estrada, G.R. No. 5. Refusal and/or cancellation of registration 206666, January 21, 2015) 6. Nomination of party-list nominees Aratea vs. COMELEC, 683 SCRA 1 (2012) 7. Qualifications of party-list nominees Jalosjos vs. COMELEC, 683 SCRA 1 (2012) 8. Manner of Voting; Number; Raffle Quinto vs. COMELEC, 606 SCRA 258, December 9. Readings: Veterans Federation Party v. 1, 2009 COMELEC, G.R. No. 136781, 06 October 2000 Quinto vs. COMELEC, 613 SCRA 385, Feb. 22, Ang Bagong Bayani v. COMELEC, G.R. No. 2010 147589, 26 June 2001 Mendoza vs. COMELEC, G.R. No. 191084, March Barangay Association for National Advancement 25, 2010 and Transparency (BANAT) v. Commission on Socrates vs. COMELEC, 391 SCRA 457, Nov. 12, Elections, G.R. No. 179271, 179295, [April 21, 2002 2009], 604 PHIL 131-184) Pamatong v. Commission on Elections, G.R. No. Atong Paglaum v. COMELEC, G.R. No. 203766, 02 161872, April 13, 2004| April 2013 Timbol v. Commission on Elections, G.R. No. Palparan v. HRET, G.R. No. 189506, 11 February 206004 (Resolution), [February 24, 2015]) 2012 Rulloda v. Commission on Elections, G.R. No. 154198, [January 20, 2003], 443 PHIL 649-656 VIII. Automated Elections Federico v. Commission on Elections, G.R. No. 1. History 199612, [January 22, 2013], 702 PHIL 68-92 2. Automated Election System Engle v. Commission on Elections, G.R. No. 3. Paper-based Election System 215995, [January 19, 2016] 4. Minimum System Capabilities 5. Continuity Plan VI. Campaign, Election Propaganda, etc. 6. Advisory Council; Joint Congressional Oversight 1. Concept, Campaign Committee 2. Campaign Period; Election Period 7. National Board of Canvassers 3. Lawful election propaganda (4) 8. Readings: R.A. No. 9369 4. Prohibited election propaganda (4) Roque v. COMELEC, G.R. No. 188456, 10 5. Prohibited contributions (8) September 2009 6. Lawful expenditures; Limitations on Expenses Capalla v. COMELEC, G.R. No. 201112, 13 June 7. Statement of Contributions and Expenses 2012 8. Readings: Fair Elections Act of 2007 (R.A. No. 9006) IX. Recall R.A. No. 7166, Secs. 13 & 14 1. Grounds Chavez v. COMELEC, G.R. No. 162777, 31 August 2. Procedure 2007 3. Readings: R.A. No 7160, Secs. 69-74 Penera v. COMELEC, G.R. No. 181614, 11 R.A. No. 9244 September 2009 and 25 November 2009 COMELEC Resolution No. 7505 SWS v. COMELEC, G.R. No. 147571, 05 May 2001 Garcia v. COMELEC, 227 SCRA 100 GMA Network Inc. v. Comelec, G.R. No. 205357, Claudio v. COMELEC, 331 SCRA 388 02 September 2014 Goh v. Bayron, G.R. No. 212584, [November 25, Emilio Ramon “E.R.” P. Ejercito v. Comelec, G.R. 2014]) No. 212398, 25 November 2014 The Diocese of Bacolod v. Comelec, G.R. No. X. Failure of Elections, Postponement of Elections, 205728, 21 January 2015 Special Elections 1-UTAK v. Comelec, G.R. No. 206020, 14 April 1. Grounds 2015 2. Call of Special Elections 3. Readings: OEC, Article I, Secs. 6-7 VII. Political Party; Party-List Organization Sison v. COMELEC, G.R. No. 134096, 03 March 1. Definitions: PP, PLO 1999 2. Groups which cannot be registered as political Soliva v. COMELEC, G.R. No. 141723, 20 April parties 2001 3. Grounds for cancellation of registration Ampatuan v. COMELEC, 375 SCRA 503 XI. Election Offenses Guevara v. COMELEC, 104 Phil. 269 1. Vote-buying, vote-selling, electoral sabotage, etc. Cawasa v. COMELEC, G.R. No. 150469, 3 July 2. Persons criminally liable 2002 3. Penalties Dumarpa v. COMELEC, G.R. No. 192249, 2 April 4. Prosecution 2013 5. Prescription 6. Jurisdiction XIII. Appeal and Other Election Issues 7. Readings: OEC, Article CCII, Secs. 261-268 1. Quo Warranto R.A. No. 9369 2. Substitution People v. Ferrer, 54 O.G. 1348 3. Withdrawal of COC Mappala v. Nunez, 240 SCRA 600 4. Execution of Pending Appeal People v. Bayona, 181 Phil. 186 5. Appeal fee/Filing fee Lozano v. Yorac, G.R. No. 94521, 94626, 28 6. Readings: Secs. 73, 76, 253, OEC October 1991 COMELEC Resolution No. 9518 Ong v. Martinez, G.R. No. 87743, 21 August 1990 Dumayas v. COMELEC v. 357 SCRA 358 Regalado v. COMELEC, G.R. No. 115962, 15 Miranda v. Abaya, G.R. No. 136351, 28 July 1999 February 2000 Luna v. COMELEC, G.R. No. 165983, 24 April 2007 Aquino v. Commission on Elections, G.R. Nos. Cerafica v. Commission on Elections, G.R. No. 211789-90, 17 March 2015 205136, 02 December 2014 COMELEC v. Tagle, 397 SCRA 618 (2003) Loreto-Go v. COMELEC, G.R. No. 147741, 10 May Tapispisan v. Court of Appeals, G.R. No. 157950, 2001 [June 8, 2005], 498 PHIL 733-751 Divinagracia v. COMELEC, G.R. Nos. 186007 & Causing v. Commission on Elections, G.R. No. 186016, 27 July 2009 199139, 09 September 2014 Santos v. COMELEC, G.R. No. 155618, 26 March 2003 XII. Election Adjudication System Navarosa v. COMELEC, G.R. No. 157957, 18 1. Jurisdiction of Municipal Trial Courts September 2003 2. Jurisdiction of Regional Trial Courts 3. Jurisdiction of COMELEC 4. Procedure in election contests: Courts, COMELEC 5. Procedure in HRET, SET, PET 6. Readings: Article IX (c), Sec. 2, 1987 Constitution Article XXI, Secs. 249-252, OEC 2010 Rules of Procedure in Election Contests Rules of Procedure in Election Contests Before the Courts Involving Elective Municipal and Barangay Officials; COMELEC Resolution No. 8804 COMELEC Resolution No.9164 Jalosjos v. COMELEC, G.R. No. 192474, 26 June 2012 Lokin v. COMELEC, G.R. No. 179431-321, 22 June 2010 Pimentel III v. COMELEC, G.R. No. 178413, 13 March 2008 Tan v. COMELEC, G.R. Nos. 166143-47, 166891, 20 November 2006 Jalosjos v. COMELEC, G.R. No. 192474, 192704, 193566, 26 June 2012; Reyes v. COMELEC, G.R. No. 207264, 25 June 2013; Lloren v. COMELEC, G.R. No. 196355, 18 September 2012; Relampagos v. Cumba, 243 SCRA 690