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ELECTION LAW TRANSCRIPT

42:51-48:50

In this particular case, the prescriptive period is 25 days from the filing of that particular COC.
Again, if you notice, depending on the ground would be the prescriptive period among other
different things

So ito yung material…??

By the way there’s a recent case


If you knew that you were convicted of libel, which is a crime involving moral turpitude, you can
be disqualified on the ground of material misrepresentation (that’s a 2016 case)

The next set of slides just compares and contrasts the grounds for disqualifying. Again, Di ko na
siya dadaanan. Just review them. Pay particular attention to what is the appropriate caption,
what are the grounds, where to file COMELEC division, when to file is also important, who can
file, what if you were not able to file, can you still file after proclamation, and can you be
substituted

Again, there is only one ground where a candidate who has been disqualified can be substituted
that would be for commission an election offense

What if you are disqualified after proclamation


Then for local officials and even for the president you follow the rule on succession

For senators and representatives, they must call a special election

Therefore, when governor ER ejercito was disqualified after proclamation on the ground of an
election offense, who became the governor? Not the 2nd placer but the vice governor

But if governor ER was disqualified on the ground that he was not qualified such as nuisance,
material misrep, violation of the term limit, then who will become the governor? Not the vice
governor but the 2nd placer. Because the votes of gov ER will be considered void. And the 2nd
placer will be the first placer.

CAMPAIGN

Critical, essential would be the intention.


The intent must be to promote the election or the defeat of a candidate.

Why is intention relevant?


Because if your intention is not for a particular candidate but to advocate a particular issue even
if it involves several candidates, like what happened in the Diocese of Bacolod Case, that will
not be considered campaigning. Therefore the rules on campaigning will not be applicable.

And intent must also be relevant when you give out things of value, objects of value.
Because if your intention is not to campaign but its part of governance like what happened to
the distribution of basketballs bearing the name of the mayor during summer time which is
campaign period, it is not campaigning.
And these are the allowable forms of campaigning…

Once upon a time, ballpens, billboards were prohibited. But that prohibition was repealed
expressly by the Fair Elections Act

Can you post in public places?


No, except in COMELEC poster areas
But only posters
And therefore in private places, and even in public utility vehicles as upheld in a recent case
Private places as long as there is a written consent from the owner- you can display posters not
streamers, or you can even display letters. Because when you talk about letters walang required
dimensions.

But for other printed materials and posters, these are the dimensions. But for rally streamers,
you can only use them during rallies, you have a bigger streamer, bigger material 3x8.