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Election Law Review Justice AGRA (2012 Preweek Lecture)

Flow 1. Commission on Elections 2. Voters and Voter Registration 3. Elective Officials and Candidates 4. Campaign 5. Contributions and Expenditures 6. Elections: postponement and Failure 7. Automated System 8. Pre-Proclamation Cases 9. Post-Proclamation 10. Election Offenses 1. COMMISSION ON ELECTIONS Enforcement: All election laws (persons and policies) Judicial Power: Qualifications, Election Contests, Not suffrage Jurisdiction: Original - Regional, Provincial and City; Appellate - Municipal, Barangay and Sangguniang Kabataan Recourse: En Banc (MR, administrative) and Division (1st instance, judicial) Process: Division - MR to En Banc Certiorari to SC Judicial: Disqualification, Election Protest, Quo Warranto, Pre-Proclamation, Annulment of Proclamation Administrative: Failure of Elections, Postponement of Elections, Election Offense, Annulment of Book of Voters Contempt: Judicial (not Administrative) 2. VOTERS AND VOTERS QUALIFICATIONS Resident in Philippines for at least 1 year prior to election day Resided in place wherein propose to vote for at least 6 months prior to election day Free from Disqualifications In order to vote, must be a registered voter

Disqualifications Sentenced by final judgment imprisonment of 1 year or more Sentenced to suffer accessory penalty political rights Adjudged by final judgment crime involving disloyalty Court-declared insane and incompetent persons

Deactivation When Disqualified to Vote Failed to Vote in 2 preceding elections When Registration Excluded by the Court When Lose Filipino Citizenship

Opposition What? Applications not yet acted upon Where Oppose? Election Registration Board Who may Oppose? Voter, Candidate or Political Party When? Specified Period How Oppose? File Written Opposition/ Challenge Why Oppose? Not Qualified, Fictitious Appearance? Mandatory if application opposed

Concepts Suffrage is a Right, Not an Obligation Qualifications defined in Constitution Procedural Requirements allowed, Substantive not allowed Disqualifications defined in Statute Must allow: Absentee Voting, Dual Citizens, Disabled and Illiterates to Vote

Inclusion/Exclusion What? Applications already acted upon Where File? MTC (not Comelec), then RTC, then SC (question of law) Grounds? Disapproval or Name Stricken Out (Inclusion); Not Qualified or Voter Not Real (Exclusion) When? Specified Period File Petition (refer to 1 precinct; ERB members as Respondents) Service of Notice (4 modes) 1

Qualifications Filipino Citizen At least 18 years of age on election day

Election Law Review Justice AGRA (2012 Preweek Lecture)

Any Voter, Candidate or Political Party may Intervene Summary Proceedings (not conference inside Chambers) Presentation of Evidence (No Stipulation of Facts; If voter not appear and fictitious voter is ground) Decision within 10 days (Exclusion) or 15 days (Inclusion) from Filing Appeal with RTC (5 days) Exclusive to Marginalized/ Nominees Organic Only in House (20% of Total) 2% Threshold (and until filled up) 3-Seat Maximum

Candidate Definition: Seeks public office and files certificate of candidacy and campaign period has started Effect of Non-Filing: Not a candidate (not liable for unlawful acts and omissions before becoming a candidate) Effect of Filing: On Tenure of Incumbents (elective remain in office; appointive ipso facto resigned)

Annulment of Book of voters Annul What? Book of Voters per precinct Where File? COMELEC When Filed? Normally, after period to file inclusion/exclusion lapses Who Files? Any Voter, EO or Party What Grounds? Book Prepared Improperly, Preparation Attended with Vice or Fraud, Book contains Statistically Improbable Data (not qualification of voters)

Substitution 2 Grounds Death, Withdrawal and Disqualification (not allowed if violate term limit; CoC denied due course or cancelled nuisance and material misrepresentation) Both Substituted and Substitute must be Qualified When? Up to mid-day of election day Substitute? Qualified and Same Party Substituted can no longer run for any other position/ Withdrawal not affect liabilities

Election Day Illegal Voter - Not registered; Use another name; Disqualified; Multiple Registrant (allowed to vote if properly identified) Illegal Act - Vote-Buying; Vote-Selling; VoteBetting: Promise to induce or withhold vote (allowed to vote if take oath) 3. ELECTIVE OFFICIALS AND CANDIDATES Elective National Office President; Vice-President; Senators (24; 1/2); Representatives (District and PartyList) Local Office LCE: Governor, Mayor and Punong Barangay; VLCE: Vice-Governor and ViceMayor; Sanggunian Members; Sangguniang Kabataan Party-List Multi-Partism/ Party Loyalty/ Social Justice

Qualifications Set by the Constitution (for national) and statutes (for local) Citizenship Age Residency Registered Voter Literacy Free from Disqualifications Undergo Drug Test under CDDA of 2002 (unconstitutional) Disqualifications Lack qualifications/ possess some disqualifications Violate Term Rule (1-2-3 terms) Commission of an election offense Nuisance Candidate 2

Election Law Review Justice AGRA (2012 Preweek Lecture)

Sentenced by Final Judgment accessory penalty Willfully Commits Material Misrepresentation No valid, timely and properly filed certificate of Candidacy Determining Factor: Intent/ Design (not all acts of beneficence are considered campaigning) and Period (start of campaign) Application: All Candidates for All Elective Offices Current Framework: Regulated but Liberalized

Lack of Qualifications Where File: Comelec Division When File: Before Proclamation If Not File: Quo Warranto Commission of Election Offense What Offenses? Vote-Buying, Terrorism, Unlawful Expenditures, Unlawful Campaign, Coercion of Subordinates, Threats, Prohibition against Release of Public Funds (other election offenses file EO case RTC hears) Where File? Comelec Division When File? Before Proclamation If Not File? Election Protest and/ or Election Offense Nuisance Candidate Who Is? Campaign Capability, Intention, Performance, Exposure, Platform, Party Affiliation, Organization, Profession, Income, Health, Education, Name Where File? Comelec Division When File? Within 5 days from Last Day Filing of Certificate of Candidacy If Not File: No remedy Misrepresentation Misrepresentation must be Material (pertains to Qualifications and Disqualifications) and Willful/ Deliberate; Even if there is Misrepresentation if actually Qualified Not Disqualified Where File? Comelec Division When File? 25 days from Filing of CoC If Not File: No remedy 4. CAMPAIGN: Concept Definition: Act designed to promote the election or defeat of a candidate

Allowable Forms Forming Organizations Holding Rallies Making Speeches Distributing Campaign Materials Soliciting Votes Publishing Advertisements

Propaganda Paid Political Advertisements Free Space and Airtime Use of Gadgets and Billboards Private Poster Areas Posting in Private Places Election Surveys and Exit Polls

Written Forms Printed Materials (8.5Wx14L) Letters Posters (2x3), Poster Areas (12x16) Rally Streamers (3x8)

Paid Ads Print: 1/4th page in broadsheet, in tabloid 3x a week Television: 120 minutes (for national) and 60 minutes (for local) Radio: 180 minutes (for national) and 90 minutes (for local)

Unlawful Forms/ Acts Foreign Intervention Removal or Destruction of Lawful Propaganda Materials not Disclose Payor Exceed Limits 3

Election Law Review Justice AGRA (2012 Preweek Lecture)

Transportation, Foods and Drinks During Rallies Movie or Video on or by Candidate Extent: Serious and Impossible to have free and orderly elections Conditions: Grounds must exist before voting Authority: Comelec en banc (petition or motu propio); not BEI or election officers


Failure Financing Institutions Public Utility Operator Natural Resources Explorer Government Contractors Franchise Holders Donee Institution from Government Educational Institutions Foreigners/ Foreign Corporations Grounds: Force majeure, Violence, Terrorism, Fraud, and Analogous Causes Extent: Failure to elect and affect results of elections Failure - transfer of venue of counting without notice; No Failure voting resumes after sporadic violence, landslide results, not affect outcome Conditions: Election not held or suspended, After voting, During preparations or transmission of election returns, Canvassing Authority: Comelec en banc (petition) 7. AUTOMATED ELECTIONS Statutory Bases: RA 9369 amending RA 8436 Automated Election System: voting, counting, consolidating, canvassing, and transmission Paper-Based or Direct Recording Election System: Ballots, Election Returns, Certificate of Canvass, Statement of Votes Comelec Discretion: AES or AESs, PaperBased or Direct Recording Features: Use of Ballots, Stand-alone machine, with Audit Trails, Minimum Human Intervention and Security Measures Voting Procedure before Board of Elections Inspectors: 1. Voter gets ballots from BEI 2. Voter fills up ballot in voting booth (spoil only 1x) 3. Voter affixes thumbmark on voting record 4. BEI applies indelible ink 5. Voter drops ballot in ballot box Counting at Counting Center as ballots arrive (physical transport) Precinct-Level Result: Printing of Elections Returns (30 copies) then Electronic Transmission to Board of Canvassers; Results loaded in Data Storage Devices 4

Other Prohibited Acts Not reveal true name of contributor Not report all contributions Exceed Limits (P10, P5, P3) Not file Statement Expenditures made by non-authorized persons

Lawful Expenditures Use of Facilities Travel Compensation Communications Written Materials Professional Pollwatchers Office/ HQ Advertisements Meetings/ Rallies Counsel* Copying of List of Voters* Sample Ballots* Volunteers* (*Not Covered in Cap) 6. ELECTIONS

Postponement Grounds: Force majeure, Violence, Terrorism, Loss or Destruction of Election Paraphernalia, and Analogous Causes

Election Law Review Justice AGRA (2012 Preweek Lecture)

Canvassing at BoC: Consolidation of Results in Data Storage Devices then Electronic Transmission to Comelec (Senate and Party-List) and Congress (President and Vice- President) and Proclamation 8. PRE-PROCLAMATION CASES During Canvassing: Allowed: Objections pertaining to Proceedings and Composition of BoC; Pollwatchers-related; Data-Storage Delayed, Destroyed, Falsified No Material Defects, Manifest Errors under AES Not Allowed: Rules of Appreciation; Violence, Voting Procedure, Eligibility of Voters 9. POST-PROCLAMATION: Election Protest Grounds: Fraud and Irregularities in Casting, Counting and Canvassing Documents in Question: Ballots, ERs, CoCs and Data-Storage Devices Venue: P/VP; Senators; Representatives; Regional; Province; City; Municipality; Barangay Requirements: Filed by candidate; Within period; Protestee proclaimed; Payment of filing fee; Allegations of fraud; Identify precincts; Verified; Certificate of nonforum shopping Procedure: Revision; Trial If prosper: protestee removed, true winner proclaimed Venue: Comelec division Effect: Proclamation annulled 10. ELECTION OFFENSES Grounds: Violation of Election Code, Commission of Enumerated Prohibited Acts Investigation: Law Department or Prosecutors Filing of Information: Comelec en banc Venue: Regional Trial Court Effect: Disqualification, Fine/ Imprisonment

Quo Warranto Grounds: Disloyalty to Republic; Ineligibility Venue: Same as Election Protest If prosper: Respondent ousted; special elections or Succession

Annulment OF PROC. Grounds: Proclamation based on irregular and illegal canvass 5