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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

after period to file inclusion/exclusion lapses Who Files? Any Voter. Disqualified. 1/2). Book contains Statistically Improbable Data (not qualification of voters) Substitution  2 Grounds – Death. Senators (24. Use another name. 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 . Preparation Attended with Vice or Fraud. ELECTIVE OFFICIALS AND CANDIDATES Elective National Office  President. Multiple Registrant (allowed to vote if properly identified) Illegal Act . VLCE: Vice-Governor and ViceMayor. appointive – ipso facto resigned) Annulment of Book of voters      Annul What? Book of Voters per precinct Where File? COMELEC When Filed? Normally. Sanggunian Members. Withdrawal and Disqualification (not allowed if violate term limit.Not registered. 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. Representatives (District and PartyList) Local Office  LCE: Governor. Vice-President. EO or Party What Grounds? Book Prepared Improperly.Election Law Review – Justice AGRA (2012 Preweek Lecture)      Any Voter.Vote-Buying. VoteBetting: Promise to induce or withhold vote (allowed to vote if take oath) 3. Mayor and Punong Barangay. 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 . Candidate or Political Party may Intervene Summary Proceedings (not conference inside Chambers) Presentation of Evidence (No Stipulation of Facts. Vote-Selling.

Party Affiliation. 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.5”Wx14”L) Letters Posters (2’x3’). 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. Income. 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. ½ 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 . Exposure. Profession. Coercion of Subordinates. Poster Areas (12’x16’) Rally Streamers (3’x8’) Paid Ads    Print: 1/4th page in broadsheet. 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. Threats. Intention.Election Law Review – Justice AGRA (2012 Preweek Lecture)    Sentenced by Final Judgment – accessory penalty Willfully Commits Material Misrepresentation No valid. Unlawful Expenditures. Organization. Education. Platform. 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. Health. Terrorism. Unlawful Campaign. Performance.

landslide results. Fraud. 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. No Failure – voting resumes after sporadic violence. Terrorism. AUTOMATED ELECTIONS       Statutory Bases: RA 9369 amending RA 8436 Automated Election System: voting. Terrorism. Statement of Votes Comelec Discretion: AES or AESs. not BEI or election officers 5. CONTRIBUTIONS AND EXPENDITURES Prohibited Contributions 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. BEI applies indelible ink 5. counting.Election Law Review – Justice AGRA (2012 Preweek Lecture)   Transportation. Canvassing Authority: Comelec en banc (petition) 7. and Analogous Causes Extent: Failure to elect and affect results of elections Failure . canvassing. After voting. 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. Certificate of Canvass. Violence. Loss or Destruction of Election Paraphernalia. P5. Violence. Stand-alone machine. Voter gets ballots from BEI 2. and Analogous Causes . and transmission Paper-Based or Direct Recording Election System: Ballots. consolidating. Election Returns. Voter fills up ballot in voting booth (spoil only 1x) 3. Minimum Human Intervention and Security Measures Voting Procedure before Board of Elections Inspectors: 1. with Audit Trails. Results loaded in Data Storage Devices 4 Other Prohibited Acts      Not reveal true name of contributor Not report all contributions Exceed Limits (P10. ELECTIONS  Postponement   Grounds: Force majeure. During preparations or transmission of election returns. 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). Voter affixes thumbmark on voting record 4.transfer of venue of counting without notice. PaperBased or Direct Recording Features: Use of Ballots. not affect outcome Conditions: Election not held or suspended.

 Grounds: Proclamation based on irregular and illegal canvass 5 . true winner proclaimed   Venue: Comelec division Effect: Proclamation annulled 10. PRE-PROCLAMATION CASES   During Canvassing: Allowed: Objections pertaining to Proceedings and Composition of BoC. Regional. Within period. Protestee proclaimed. Payment of filing fee. Identify precincts. Trial If prosper: protestee removed. Verified. Fine/ Imprisonment          Quo Warranto    Grounds: Disloyalty to Republic. Province. Destroyed. CoCs and Data-Storage Devices Venue: P/VP. Ineligibility Venue: Same as Election Protest If prosper: Respondent ousted. Allegations of fraud. Commission of Enumerated Prohibited Acts Investigation: Law Department or Prosecutors Filing of Information: Comelec en banc Venue: Regional Trial Court Effect: Disqualification. Municipality. Voting Procedure. Representatives. Certificate of nonforum shopping Procedure: Revision. POST-PROCLAMATION: Election Protest     Grounds: Fraud and Irregularities in Casting.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. special elections or Succession Annulment OF PROC. Manifest Errors under AES Not Allowed: Rules of Appreciation.President) and Proclamation 8. Barangay Requirements: Filed by candidate. Data-Storage Delayed. Pollwatchers-related. Falsified No Material Defects. ELECTION OFFENSES Grounds: Violation of Election Code. City. ERs. Eligibility of Voters 9. Senators. Violence. Counting and Canvassing Documents in Question: Ballots.