Election Law Notes

LAW ON ELECTIONS (AGPALO)
J.E.T.|1
CHAPTER ONE: INTRODUCTORY

The basic law on elections Omnibus Election Code of the Philippines (BP 881).
a. Enacted December 3, 1985.
b. Subsequent laws:
i.
RA 6646; The Electoral Reform Law of 1987 which provided for the first local elections under the new Constitution and all subsequent
elections and plebiscites shall be governed by this Act and BP 881, and other related laws
ii.
RA 7166; providing for Synchronized National and Local Elections on May 11, 1992
iii.
RA 8436; authorizing the Commission on Elections to use Automated Election System
iv.
RA 7941; Party-List System Act
v.
RA 8189; Voters Registration Act of 1996
vi.
RA 9006; Fair Election Act
vii.
RA 9189; Overseas Absentee Voting Act of 2003
Elections, generally the embodiment of the popular will, the expression of the sovereign power of the people. Any election refers to all elections in the
country, which includes those provided in the laws, the Constitution, and those required pursuant to law. It involves the following:
a. Choice or selection of candidates to public office by popular vote
b. Conduct of polls, listing of votes, holding of electoral campaign
c. Act of casting and receiving ballots from the voters, counting such, return of elections, proclamation of winning candidates
Kinds:
a. Regular national or local; refers to an election participated in by those who possess the right of suffrage, not disqualified by law, registered voters.
b. Special in case of a failure of election on the scheduled date of regular election in a particular place, or is conducted to fill up certain vacancies,
as provided by law.
Note: Sangguniang Kabataan not regular because some are not qualified voters
Purpose of election: prevent or minimize election frauds to enable the electorate to choose, to give voters direct participation in the affairs of the
government, where all of the legal voters shall be permitted, unhampered and unmolested to cast their ballots.
a. The purity of elections is one of the most important and fundamental requisites of the government
b. To give effect to the will of the electorate
c. Aims fair and honesty, and to protect the integrity of the elections by voting confidentially with the use of a ballot.
CHAPTER TWO: THE COMMISSION ON ELECTIONS
Commission on Elections as independent body its powers include:
a. Governs and regulated the exercise of the right to vote (suffrage)
b. Enforcement of the election law
c. Inquiry into and resolution of disputes or controversies dealing with elections
d. Rotational plan for appointment; to ensure continuity in the expertise and work of the Commission:
i.
That first Commissioners shall start on a common date
ii.
That any vacancy due to death, resignation or disability before the expiration of the term should only be filled for the unexpired tenure.
Measures designed to make the Commission independent through the Independent Commission on Elections (Constitution), except as otherwise
provided in the Constitution, these measures are:
a. Un-decreased salaries during their continuance in office
b. During their tenure, shall not engage in practice of any profession or in the management of any business, or be financially interested directly or
indirectly in any contract with, or in any franchise or privilege granted by, the Government, or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations
c. Removed only by impeachment for and conviction of:
i.
Culpable violation of the Constitution
ii.
Treason
iii.
Bribery
iv.
High Crimes
v.
Graft and corruption
Powers, generally classified into three:
a. Executive enforcement and administration
b. Legislative issuance of rules and regulations to implement the election laws and to the exercise of such legislative functions as may expressly be
delegated to it by the Congress
c. Judicial resolve controversies that may arise in the enforcement of election laws and to be sole judge of all pre-proclamation disputes and of all
contests relating to the elections, returns, and qualifications of all regional, provincial and city officials
Article IX-C of the Constitution, provides:

Sec. 1. There shall be a Commission on Elections composed of a Chairman and six
Commissioners who shall be natural-born citizens of the Philippines and, at the time of
their appointment, at least thirty-five years of age, holders of a college degree, and must
not have been candidates for any elective positions in the immediately preceding
elections. However, a majority thereof, including the Chairman, shall be members of the
Philippine Bar who have been engaged in the practice of law for at least ten years.
J.E.T.|2
Agpalo commentary on Article IX-C, provides:

Nature:
COMELEC is essentially an administrative body.
The Commissions general power of administration, enforcement, and s
conduct of elections is limited to the statutes, election laws, the Constitutio
pursuance thereof.
The Chairman and the Commissioners shall be appointed by the President with the
consent of the Commission on Appointments for a term of seven years without
reappointment. Of those first appointed, three Members shall hold office for seven years,
two Members for five years, and the last Members for three years, without
reappointment. Appointment to any vacancy shall be only for the unexpired term of the
predecessor. In no case shall any Member be appointed or designated in a temporary or
acting capacity.
Sec. 2. The Commission on Elections shall exercise the following powers and functions:
Enforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall.
Exercise exclusive original jurisdiction over all contests relating to the elections, returns,
and qualifications of all elective regional, provincial, and city officials, and appellate
jurisdiction over all contests involving elective municipal officials decided by trial courts
of general jurisdiction, or involving elective barangay officials decided by trial courts of
limited jurisdiction. Decisions, final orders, or rulings of the Commission on election
contests involving elective municipal and barangay offices shall be final, executory, and
not appealable.
Decide, except those involving the right to vote, all questions affecting elections,
including determination of the number and location of polling places, appointment of
election officials and inspectors, and registration of voters.
Deputize, with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government, including the Armed Forces of the Philippines, for
the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.
Register, after sufficient publication, political parties, organizations, or coalitions which,
in addition to other requirements, must present their platform or program of government;
and accredit citizens' arms of the Commission on Elections. Religious denominations
and sects shall not be registered. Those which seek to achieve their goals through
violence or unlawful means, or refuse to uphold and adhere to this Constitution, or which
are supported by any foreign government shall likewise be refused registration. Financial
contributions from foreign governments and their agencies to political parties,
organizations, coalitions, or candidates related to elections, constitute interference in
national affairs, and, when accepted, shall be an additional ground for the cancellation of
their registration with the Commission, in addition to other penalties that may be
prescribed by law.
File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or
exclusion of voters; investigate and, where appropriate, prosecute cases of violations of
election laws, including acts or omissions constituting election frauds, offenses, and
malpractices.
Recommend to the Congress effective measures to minimize election spending,
including limitation of places where propaganda materials shall be posted, and to
prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance
candidacies.
Recommend to the President the removal of any officer or employee it has deputized, or
General powers:
(Adjucatory or quasi-judicial power)
Investigation of facts, or the ascertainment of the existence of facts, holdi
for such as basis for official action and to exercise discretion. It is judicia
exercise of functions of a judge, or is conferred upon an officer other than
(Administrative power)
Management, directing, execution, application, decision-making and resol
The choice of means taken by COMELEC, unless clearly illegal or constit
not be interfered with by the Supreme Court (presumption of regularity).
Upon proper petition, COMELEC may issue the extraordinary writs of ce
aid of its appellate jurisdiction.
The COMELEC cannot ignore the requirements of procedural due process
Limitations only to matters connected with the conduct of elections and
Powers in accordance with law decide on questions re: number a

general grant of discretion). COMELECs duty to verify matters of cont
made before the Board of Canvassers.
On political parties Powers include:

To register political parties (exclusive)
To require candidates to specify in their COCs their political party affiliation
To allow political parties to appoint poll watchers
To limit their expenditures
To determine whether their registrations should be cancelled in appropriat
Jurisdiction to resolve issues of political leadership in a political party
To ascertain the identity of political party and its legitimate officers, and en
Exclusive authority granted by the Supreme Court to investigate an

regular courts election offenses whether committed by officers or private
before the regular courts (Sorry, Ombudsman and Sandiganbaya
investigations and deputation of any prosecutor. The control and disposi
once the information is filed in court.
Sec. 26 of RA 6646 power and authority to issue subpoena and gran

Provided, that no person shall be prosecuted criminally for or on account
compelled, after having claimed the privilege against self-incriminatio
documentary or otherwise. The immunity granted shall not exempt the w
perjury or false testimony.
Contempt, punishable only when COMELEC is in its judicial or quasi

contempt is inherently judicial in nature). Applicable to a person charged
in the Rules of Court and impose the appropriate penalties as therein pres
any final and executory decisions, order or ruling of the Commission.

the imposition of any other disciplinary action, for violation or disregard of, or
disobedience to, its directive, order, or decision.
Submit to the President and the Congress, a comprehensive report on the conduct of
each election, plebiscite, initiative, referendum, or recall.
J.E.T.|3
To make minor adjustments in reapportionment of districts (limited)
To recommend administrative disciplinary sanctions against any offi

infraction of law or of its directives, and may even conduct an administrativ
To acts as national board of canvassers for senators Sec. 2 of EO

ministerial body, which is empowered only to accept as correct returns tra
and to ascertain and declare the results as it appears. The board may exc
illegal voting and fraudulent practices are passed on by another tribunal.
To issue rules and regulations as empowered by Section 6, Art. IX-A

BP 881, and Section 30 of RA 6646; effectivity on the seventh day after th
2 daily newspapers of general circulation in the Philippines
Note: Orders and directives personal delivery to parties concerned withi
shall immediately take effect upon receipt, unless a latter date is provided.
Sec. 3. The Commission on Elections may sit en banc or in two divisions, and shall
promulgate its rules of procedure in order to expedite disposition of election cases,
including pre- proclamation controversies. All such election cases shall be heard and
decided in division, provided that motions for reconsideration of decisions shall be
decided by the Commission en banc.
Procedural matters; General Rule:

Quasi-judicial powers shall be first heard by the COMELEC in divisio
decision by the COMELEC in division is required, and the same may b
banc.
Abad v. COMELEC Ratio: In division does have the requisite authority
the first instance. This includes cases such as pre-proclamation controver
candidacy. Decisions arising from first instance by the COMELEC en banc
Exceptions to the rule:

1) However, COMELEC may entertain cases when the required num
resolution, order or ruling is not obtained in the Division. Note: a 2-1
division is valid. The same applies with COMELEC en banc that has 5 m
once, and the same shall be dismissed if the votes are not valid. Votes are
of promulgation.
2) Purely administrative. Such as: (a) corrections of errors or (b) correctio
of results by the board of canvassers, (c) the registration of voters, and
been held or whether certain returns were falsified or manufactured and t
canvass do not involve the right to vote.
3) Ramirez v. COMELEC Ratio: COMELEC en banc has jurisdiction ove
error directly filed with it. In this case, the petitioner was estopped to
participated in the proceedings and sought affirmative reliefs from the COM
4) Sec. 4 of RA 7166 postponement, declaration of failure of election a
herein provided in Sec. 5-7. Note: COMELEC en banc has the original juri
5) Power to prosecute election cases, and in the exercise of such, may
prosecutor deputized by it to do so, conduct preliminary investigation, d
probable cause ad files the corresponding information in court.
Original Jurisdiction RTC (general): municipal officials, & MTC (limite

election, for quo warranto, and election protest involving barangay election
Appellate COMELEC; appeals, and has the authority to issue extraordin
mandamus in the aid of its appellate jurisdiction. Its jurisdiction is ov
elections are limited by law to supervision of the election.
Sec. 6 of RA 6646 Before election: COMELEC shall continue to hear an

except: congressional, senatorial, VP and Pres. candidates. Remedy: a c
warranto may be filed within 10 days after proclamation by corresponding
After election: COMELEC has no jurisdiction over its electoral aspect.
department for preliminary investigation. A prima facie case of guilt and if
the complainant may file a petition for suspension of proclamation with the
is pending. Note: Disqualification only occurs upon an order of the COMEL
Petitions for review to Supreme Court on certiorari under Rules 64 a

within 30 days from receipt of a copy of decisions, order or rulings (final;
of the essence to secure judicial relief from the Supreme Court, the ag
sitting in COMELEC in division that has committed grave abuse of discreti
J.E.T.|4
Decisions, final orders, or rulings of the Commission on election conte

barangay offices shall be final, executory, and not appealable. Does no
Court.
Sec. 4. The Commission may, during the election period, supervise or regulate the
enjoyment or utilization of all franchises or permits for the operation of transportation
and other public utilities, media of communication or information, all grants, special
privileges, or concessions granted by the Government or any subdivision, agency, or
instrumentality thereof, including any government-owned or controlled corporation or its
subsidiary. Such supervision or regulation shall aim to ensure equal opportunity, time,
and space, and the right to reply, including reasonable, equal rates therefor, for public
information campaigns and forums among candidates in connection with the objective of
holding free, orderly, honest, peaceful, and credible elections.
Commission exercises power of direct and immediate supervision a

national or local, and employees including members of any national o
instrumentality of the Government required by law to perform duties rela
over the members of the boards of election inspectors and canvassers.
This power includes review, modify (revise and reverse), or set aside a
substitute inspectors and canvassers upon just cause), and the power
required by law. Commission can fill in/appoint any vacancy in the b
canvassers.
With notice or hearing, the power to annul illegal canvass and illegal proc
pending its inquiry, the canvass or the proclamation of winning candidate
or appointment of a new board.
To annul illegal registry list of voters (book of voters only), but does not
vote. May inquire on falsified documents and misrepresentation of identifi
such is merely directory.
Sec. 5. No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and regulations shall be granted by the President without t
Commission.
Sec. 6. A free and open party system shall be allowed to evolve according to the free choice of the people, subject to the provisions of this Article.
Sec. 7. No votes cast in favor of a political party, organization, or coalition shall be valid, except for those registered under the party-list system as provided in this Con
Sec. 8. Political parties, or organizations or coalitions registered under the party-list system, shall not be represented in the voters' registration boards, boards of elect
or other similar bodies. However, they shall be entitled to appoint poll watchers in accordance with law.
Sec. 9. Unless otherwise fixed by the Commission in special cases, the election period shall commence ninety days before the day of election and shall end thirty day
Sec. 10. Bona fide candidates for any public office shall be free from any form of harassment and discrimination.
Sec. 11. Funds certified by the Commission as necessary to defray the expenses for holding regular and special elections, plebiscites, initiatives, referenda, and reca
special appropriations and, once approved, shall be released automatically upon certification by the Chairman of the Commission.
CHAPTER THREE: ELIGIBILITY OF CANDIDATES

A. Qualifications
1. Age requirement is mandatory. WHY? It is presumed that wisdom and maturity comes with age
I. President
1. Natural-born citizen of the PH
2. Registered voter
II. Vice President
3. Able to read and write
4. At least 40 years of age on the day of the election
5. Resident of the Philippines for at least 10 years immediately preceding such election
III. Congress
a. Batasang
Pambansa (provincial,
city, district)
b. Sectoral

4. Registered voter in the constituency in which he shall be elected
5. Resident thereof for a period of not less than 6 months immediately preceding such
election
3. Resident of the PH for the period of not less than one year immediately preceding
the day of the election
4. Bona fide member of the sector he seeks to represent
! No Congressman shall serve for more than three
! In case of a representative of the agricultural

registered voter
! Youth should at least be 18-25 years of age. Wh
IV. Local officials
a. Governor, vicegovernor, or member

of the sangguniang
panlalawigan, or
mayor, vice-mayor or
member of the
sangguniang
panlungsod of highly
urbanized cities
b. Mayor, vice-mayor
of independent
component cities,
component cities, or
municipalities
c. Members of the
sangguniang
panlungsod or
sangguniang bayan
d. Punong barangay
or member of the
sangguniang
barangay
e. Sangguniang
kabataan
Disqualifications:
J.E.T.|5

1. Citizen of the PH
2. Registered voter in the barangay, municipality, city, or province
3. Resident therein for at least 1 year immediately preceding the day of the election
4. Able to read and write Filipino or any other local language or dialect
1. Must be at least 23 years of age on election day
Natural-born citizens citizens of the Philippines

any act to acquire or perfect their Philippine cit
reaching the age of majority
Naturalization
Repatriation the recovery of the original nati
petition for repatriation (PD725) where his citizen
of the said petition
Direct Act of Congress
RA 9225: Citizenship Retention and Re-Acquisitio

1. Oath of allegiance
2. Derivative citizenship to children below 18 year
1. Must be at least 15-21 years of age on election day
2. Removed from office due to an administrative case

a. removal cannot extend beyond the term during which the
alleged misconduct is committed
3. Convicted by final judgment for violating the oath of allegiance
a. WHY: Oath is an operative act
4. Dual citizenship* the status of a person who is a citizen of two or
more countries at the same time
What is disqualified here is DUAL ALLEGIANCE because it is a
voluntary and operative act of swearing oneself and his or her loyalty to
two countries.
! Legal basis: Sec. 40 of RA 7160: disqualifies dual citizenship in the
context of dual allegiance.
DUAL CITIZENSHIP is involuntary and a mere status; following the
rule of jus soli or sanguinis.
When does dual citizenship arise?
Foreign parental citizens which countries follow the

principle of jus soli
Alien fathers countrys law where such children

are citizens of that country
Those who marry aliens whose laws shall consider

the former citizens of its own
! In the case of a member of the sangunniang pan

or sangguniang bayan, the district where he intend
! No local elective official shall serve for more than
May either be natural-born or a naturalized citizen
possessed by an elective official at the latest as o
start of the term of office to which he has been ele
I. Citizens of the Philippines:

a. Those who are citizens of the PH at the time of
b. Those whose fathers or mothers are citizens of
c. Those born before January 17, 1973 of Fil
citizenship upon reaching the age of majority
d. Those who are naturalized in accordance with l
1. Sentenced by final judgment for an offense involving moral

turpitude, or for an offense punishable by 1 year or more of
imprisonment, within 2 years after serving sentence
of 25, he shall be entitled to continue in office unti
5. Fugitives from justice in criminal or nonpolitical cases here or

abroad
Fugitives from justice are those who FLEE AFTER CONVICTION to
avoid punishment or an intent to avoid such. (Different from FLIGHT)
Flight is the evasion of the course of justice by VOLUNTARILY
WITHDRAWING oneself in order to avoid arrest, detention, or the
institution or continuance of criminal proceedings; an indication of guilt
6. Permanent residents in a foreign country, or those who have
acquired the right to reside abroad and had continued to avail such
after the effectivity of this Code
a. in election cases, residency and domicile are treated synonymously.
b. actual residence in the area for a given period or who have been
domiciled in the same either by origin or by choice
Animus manendi intention to remain
Physical presence in a fixed place

Note: the fact that a person is registered as a voter in one district is not
proof that he is not domiciled in another district.
Note: owning a house is not required to establish residency
c. change of residence is by choice (voluntary) actual removal for
domicile of origin
Residence or bodily presence in the new locality
Intention to remain there for an indefinite period of time
Intention to abandon the old domicile (animus revertendi)

7. Insanity or feeble-minded
B. Certificate of Candidacy formal manifestation to the whole world of
the candidates political creed or lack of.
1. COC requirements, including signing and swearing, are mandatory.

But after elections, they are regarded as directory to give effect to the
will of the electorate. Defects in the fulfillment of the requirements of
election law should have been questioned before the election.
J.E.T.|6
q. CV; in duplicate, bio-data and program of government not
exceeding 100 words, if he so desires
Substitution of candidacy (Sec. 77 of this Code):

2. Filing of a sworn certificate of candidacy within the period fixed is
1. Who may be substituted?
required.
If after the last day for the filing of certificates of candidacy, an
May withdraw the same by submitting a written declaration under
official candidate of a registered or accredited political party
oath
dies, withdraws or disqualified for any cause
If he files for more than one office, he shall not be eligible for any of
(His COC must have been valid and duly filed)
them. Not unless he withdraws the other COCs before expiration of
2. Who can substitute?
the period.
(1) Only a person belonging to, and certified by, the same
3. Form is construed as directory. When election law does not provide, a
political party may file a COC to replace the candidate
departure from requirements due to honest mistake and misinterpretation
If substitute candidate withdrew his previously filed
will be considered a harmless irregularity.
COCas an independent candidate in another
Seasonably filed COCs may be amended before the elections,
position, and that he affiliated with the political party
even after the date of its filing.
to comply with the requirements for substitution:
Where a candidates COC was filed upon nomination of a political party for a particular office but
He is qualified. Why? No law requiring a condition
he subsequently filed his COC in another office and, after the deadline fixed by law, filed a
precedent that a substitute must have rendered
withdrawal of the former
membership in a political party for a period of time.
Valid withdrawal. There is substantial compliance with requirements of Sec. 73 of the Code.
(2) Duly nominated by the political party
Why? Filing of an individual COC was in effect a rejection or withdrawal of the COC filed by the
(3) One who takes place of another who is no longer a
political party.
candidate (Note: Additional candidate not a substitute).
4. Contents of COC (Sec. 74 of this Code):
a. Name (by which he has been baptized/registered in LCR, or name
allowed under the provisions of existing law, or Hadji name)
b. Statement announcing the persons candidacy for the office
stated therein
c. Statement announcing the persons eligibility for the office stated
therein
d. If a member of the Batasang Pambansa the province, including its
component cities, highly urbanized city or district or sector which
he seeks to represent
e. Political party, if any
f. Civil Status
g. Birth date
h. Residence
i. Post-office address for all election purposes
j. Profession or occupation
k. Where he states that:
(1) he will support, defend, maintain true faith and allegiance to
the Constitution
(2) he will obey the laws, legal orders and decrees promulgated
by the duly constituted authorities
(3) he is not a permanent resident or immigrant to a foreign
country
(4) the obligation imposed by his oath is assumed voluntarily,
without mental reservation or purpose of evasion
(5) the facts stated therein are true to the best of his knowledge
p. Latest photograph; passport size
3. Circumstance of a withdrawal of certificate, if any.

Before the election, A person who has filed a certificate of
candidacy may withdraw the same by submitting to the office
concerned a under oath or in the form of a sworn declaration that
he is withdrawing is COC.
Effectivity of written declaration is upon its submission to the

office concerned; it is equivalent to filing anew a COC and
comes too late if filed beyond the period for filing a COC.
When can he withdraw:

o
Anytime before the day of the election (generally)
o
After the last day of the filing of COC, or on the last
hour of the last day for filing of COC (substitution may
take place)
o
When an invalid withdrawal is actually made and
accepted by the election registrar, and where the
candidate files his COC and receives the winning
number of votes. Why? Will of the electorate.
Effect: Waiver of his candidacy

o
Exception: when he withdraws his withdrawal within the
period of filing a COC.
After the period of filing a COC

No. Why? The withdrawal of the withdrawn COC
is considered a new COC filed out of time.)
When the disqualified candidate questioned his disqualification
before SC, it does not make him still a candidate, nor invalidate the
substitution so as to nullify the votes of the substitute and defeat his
election.
Why? The order of disqualification is immediately executory and the
disqualified candidate had already ceased to be a candidate.
4. Procedure:
Substitute shall file his COC for the office affected in accordance with
the preceding sections not later than midday of election day,
(1) with any board of election inspectors in the political subdivision
where he is a candidate, or,
(2) in the case of candidates to be voted for by the entire electorate
of the country, with the COMELEC
J.E.T.|7
KINDS OF ELECTION DISPUTES

1. Pre-election
disputes
Definition
Grounds
Effects
disputes filed against the erring candidate before the election.

C. Petition for Disqualification
D. Petition to Declare Nuisance Candidates
Refers to certain acts committed or being suffered by

the candidate which the law makes them as grounds for
disqualification to run for an elective position. Acts may
subsist at the time they file their COC, or the
commission of certain election offenses during the
election campaign as provided for in Sec. 68.
(Sec. 68):
Any candidate who, in an action or protest in which he is
a party is declared by final decision of a competent court
guilty of, or found by the Commission of having:
(a) given money or other material consideration to

influence, induce or corrupt the voters or public
officials performing electoral functions;
(b) committed acts of terrorism to enhance his

candidacy;
(c) spent in his election campaign an amount in

excess of that allowed by this Code;
(d) solicited, received or made any contribution

prohibited under Sections 89, 95, 96, 97 and 104;
or
(e) violated any of Sections 80, 83, 85, 86 and 261,

paragraphs d, e, k, v, and cc, subparagraph 6,
shall be disqualified from continuing as a candidate, or if
he has been elected, from holding the office. Any person
who is a permanent resident of or an immigrant to a
foreign country shall not be qualified to run for any
elective office under this Code, unless said person has
waived his status as permanent resident or immigrant of
a foreign country in accordance with the residence
requirement provided for in the election laws.
Disqualification only occurs upon an order of the
COMELEC suspending the proclamation.
(Sec. 6 of RA 6646):
Disqualified candidates shall not be voted for, and the
votes vast for him shall not be counted. Provided,
removal cannot extend beyond the term during which
the alleged misconduct was committed.
Refusal to give due course to or cancel a COC if it is shown

that said certificate has been filed to put the election process
as provided for in Sec. 1.
(Sec. 78):
Exclusively on the gro
contained therein as
false.
(Sec. 24 of the COMELEC Rules of Procedure):

Sec. 1: (Nuisance candidates, as provided by Sec. 69 of BP
881) In mockery or disrepute or to cause confusion
among the voters by the similarity of the names of the
registered candidates or by other circumstances or acts
which clearly demonstrate that the candidate had no bona
fide intention to run for the office which the COC has been
filed and thus prevent a faithful determination of the true will
of the electorate.
Sec. 74 (Contents of C
(1) The false represen
affecting substantive r
for elective post for wh
(2) Intention to dec
qualifications for publi
E. Petition to Can
Votes for a person wh

the candidate who o
votes may be declared
Sec. 6 of RA 6646 an
before votes may be c
Candidate who placed second is not entitled to be

declared elected
Jurisdiction
In cases of local electives Local Government Code on

succession shall apply.
In cases of congressional and when the law on
succession shall not apply failure of election (Remedy:
special elections)
Jurisdiction of COMELEC is limited to those enumerated
by Sec. 68 alone. COMELEC may have jurisdiction to
suspend the proclamation and disqualify the winning
candidate.
Filed Before the election
Case: Not yet been resolved but candidate got highest
vote COMELEC shall continue to hear and in no case
shall a second placer by proclaimed elected if the former
shall be entitled to be proclaimed elected to the office.
(Sec. 2):
COMELEC may at any time before the election, motu proprio
refuse to give due course to or cancel a COC of any
candidate on any of the grounds enumerated under Sec. 1,
or when the substitute COC is not a proper case of
substitution under Sec. 77 of BP 881.
When petition has been moot and academic, COMELEC
cannot grant its proceeding.
If such petition is not

COMELEC may still
and decide it to concl
there is strong evide
follows if there has b
assumption of office
position.
When the question of

raised, it did not the
J.E.T.|8
resolving such questi

not object to the pres
representation.
Filed After the election & before the proclamation

Case: COMELEC may dismiss it or report it to its law
department for preliminary investigation
What happens if there is prima facie evidence found in
the investigation? may file a suspension of the
proclamation after hearing that the evidence of guilt is
so strong.
Patent defects shown

questioned before the
What is stated in the

negate the fact of resi
means more convinci
paper.
Filed After the election & after the proclamation

This becomes a post-election case. Electoral Tribunal
gets jurisdiction. Provided, the proclamation is valid.
Where it has been

conclusion of law and
that the candidate
qualifications provided
for falsification. Why?
only when there is del
Pending After the elections

Local office the proclamation and assumption of office
of a candidate against a pending petition for
disqualification does not divest the COMELEC of
jurisdiction to hear the case
Senatorial or congressional the proclamation and
assumption of office divest the COMELEC of jurisdiction
to continue to hear the case in favor of the Electoral
Tribunal.
Who May File
Venue for Filing

Prescription
Proceeding
Procedure
If SC finds that in there has been a denial of due

process by COMELEC may remand the case.
(Puzon v. Cua): HRET has no jurisdiction to review
resolutions and decisions of COMELEC. Who has? SC.
(Rule 25 of the COMELEC Rules of Procedure):
Sec. 2: Any citizen of voting age, or duly registered
political party, organization or coalition of political parties
It has been held tha

popular mandate, ove
all possible doubts s
candidates eligibility.
essence of democracy
(Sec. 2):
Any registered candidate for the same elective office
(personally or through a duly authorized representative)
(Sec. 5 of RA 6646):
Filing of a verified petition in person (mail is not allowed)
(Rule 23 of the COME

Sec. 1: Any citizen
political party, organiz
on the exclusive grou
contained therein as r
Sec. 2:
Law Department of the COMELEC
Sec. 3:
Any day after the last day for filing of COCs but not later
than the date of proclamation.
(Sec. 2):
Law Department of the COMELEC
(Sec. 3):
Within five days from the last day for the filing of COC.
Sec. 4: Summary proceeding after due notice

Sec. 5: Effect of Petition if unresolved before completion
of canvass, the votes cast for the respondent may be
included in the counting. Provided, if the evidence of
guilt is strong, his proclamation shall be suspended.
Two aspects:
(1) Administrative preponderance of evidence
(2) Criminal proof beyond reasonable doubt to convict
(Sec. 4): Summary proceeding after due notice

(Sec. 5): Hearing and delegation of reception of evidence.
(Sec. 1):
Law Department of the
(Sec. 78):
At any time not later th
of the COC
(Rules 23 of the COM
Sec. 2: within 5 days
COC.
Sec. 3: Summary proc
Sec. 4: COMELEC m
are IBP members t
evidence.
Due Process Requirement must be observed,

otherwise the disqualification is null and void.
Respondent shall be given three days from receipt of the

summons to file his verified answer, serving a copy upon the
petitioner. Note: Grounds for a motion to dismiss may be
raised as affirmative defenses.
Remedy of the losing candidate quo warranto or

election protest filed within 10 days from proclamation
(reglamentary period). Proclamation should be a valid
one.
Winning candidate entitled to be proclaimed decide on
cases speedily as possible to the end that a final
judgment shall be rendered not later than 7 days before
the election. Mere pendency of a disqualification case
Due notice: Within three days from filing, the COMELEC

shall issue summons to the respondent candidate together
with a copy of the petition and its enclosures, if any
COMELEC may designate any of its officials (lawyers) to

hear the case and receive evidence. (Oral testimonies
parties may be required to submit position papers together
with affidavits or counter-affidavits and other documentary
evidence)
The hearing officer shall immediately submit to the
(Sec. 7 of RA 6646:
Declare Nuisance Can
And shall be decided

than 15 days before e
However, if the cand

remedies of the losing
(1) To reiterate h
disqualification,
order by the COM
of the winning ca
the event the
proclamation, file
for a restraining
SC.
J.E.T.|9
does not justify the suspension of his proclamation after

winning in the election. Why? Damage to himself, will of
the electorate and undue benefit of the undeserving
third parties
COMELEC his findings, reports, and recommendations

within 5 days from the completion of such submission of
evidence
(2)
To file a petitio
Electoral Tribuna
COMELEC shall render its decision within 5 days from

receipt thereof.
After 5 days from receipt of a copy of the decision, the same
shall be final and executory.
The COMELEC shall within 24 hours, through the fastest
available means, disseminate the decision (either of the
COMELECs or the SCs) to the city or municipal election
registrars, board of election inspector and the general public
in the political subdivision concerned.
2. Pre-proclamation
controversies
(Sec. 233, 234, 236 of BP 881) and filed with COMELEC before proclamation.
3. Post election
disputes
Where a quo warranto or an election protest was filed during the reglamentary period such dismissal of the COMELEC on the petition
case no longer viable.
Election Protest
Quo Warranto
Prosecution for an
may result in the r
(Codilla v. de Venecia):
May be filed only on the grounds of ineligibility and disloyalty
to the Republic of the Philippines
CHAPTER FOUR: REGISTRATION OF VOTERS
VOTERS REGISTRATION
3.
Insane or incompetent persons declared as such by competent

authority unless subsequently declared by proper authority that
such person is no longer insane or incompetent.
I. Voters Registration Act of 1996
I. Challenging the right to register (Sec. 18):

1. Who may challenge?
Any voter, candidate or representative of a registered political party
Sec. 7: For purposes of the May 1998 elections, and those subsequent thereto. COMELEC
How
challenge?
undertook a general registration of voters before the Board of Election Inspectors on2.June
14,to15,
(1) In writing
21, 22, 28 and 29 of 1997.
(2) Under oath
Why? Immediately after the 1997 barangay elections the existing list of
(3) Stating the grounds therefor
voters shall cease to be effective and operative.
(4) The attached application
(5) Proof of notice of hearing to the challenger and the applicant
RA8189 those registered as qualified voters are entitled to vote:
3. When to challenge?
Who can register? Sec. 9:
Not later than the second Monday of the month in which the same
(1) All citizens of the Philippines not otherwise disqualified by law
is scheduled to be heard or processed by the Election Registration
(2) At least 18 years of age on the day of the election
Board.
(3) Resided in the Philippines for at least 1 year on the day of the election
Note:
Should the second Monday of the month fall on a non-working
(4) Resided in the place wherein they propose to vote, for at least 6 mos. immediately preceding
holiday,
oppositions MAY BE FILED on the next following working day.
the election
The hearing of which shall be heard on the third Monday of the month
and the decision shall be rendered before the end of the month.
Disqualifications and Reacquisition of voting rights (Sec. 11):
1.
2.
Sentenced by final judgment to suffer imprisonment of not less than

1 year, such disability not having been removed by plenary pardon
or amnesty: Provided, however, That any person disqualified to
vote under this paragraph shall automatically reacquire the right to
vote upon expiration of 5 years after service of sentence;
Adjudged by final judgment by a competent court or tribunal of
having committed any crime involving disloyalty to the duly
constituted government such as rebellion, sedition, violation of the
firearms laws or any crime against national security, unless
restored to his full civil and political rights in accordance with law:
Provided, That he shall automatically reacquire the right to vote
upon expiration of 5 years after service of sentence; and
II. How to Register:

1. Election Officer shall inform the applicant of the qualifications and
disqualifications prescribed by law for a voter (Sec. 10).
2. Personal filing of application as prescribed by the COMELEC in 3
copies before the Election Officer on any date during office hours
after having acquired the qualifications of a voter (Sec. 10).
a. Which shall be conducted daily in the office of the Election
Officer during regular office hours (Sec. 8).
b. No registration shall be conducted during the period starting
120 days before a regular election, and 90 days before a
special election.
c. The application shall contain the following data:
J.E.T.|10
i.
ii.
iii.
iv.
v.
vi.
vii.
3.
4.
5.
Name
Sex
Date and place of birth
Citizenship
Civil status (including name of spouse, if any)
Profession/occupation
Periods of residence in the PH and in the place of
registration
viii. Exact address (if none, a brief description of his
residence)
ix. Statement of possession of all the qualifications of a
voter
x. Statement that applicant is not a registered voter of any
precinct
xi. Other requirements that may be asked by the COMELEC
xii. Three signatures
xiii. Clear and legible rolled prints of thumbprints
xiv. Four identification size copies of latest photograph
Receipt of applications for registration shall be obtained by Election
Officer
Election Officer shall set a hearing of applications, notice of which
shall be posted in the city or municipal bulletin board and in his
office for at least 1 week before the hearing, and furnish copies
thereof to the applicant concerned, the heads or representatives of
political parties, and other accredited groups or organizations which
actively participate in the electoral process in the city or
municipality (Sec. 17).
a. All applications for registration shall be heard and processed
on a quarterly basis.
i. Election Registration Board shall meet and convene on
the third Monday of April, July, October, and January of
every calendar year, or
ii. On the next following working day if the designated days
fail on a non-working holiday, except in an election year
to conform with the 120 days prohibitive period
iii. Should one day be sufficient for the processing of all
accepted applications, the Board shall adjourn from day
to day until all the applications shall have been
processed.
On the date of the hearing, the Election Officer shall receive such
evidence for or against the applicant (Sec. 17).
a. No seasonably filed objections registrant shall be notified in
writing stating therein that no objection was raised against his
application and that he need not appear on the date set for
the hearing of his application.
b. Seasonably filed objections physical presence of the
applicant concerned shall be mandatory for him to rebut or
refute evidence presented in opposition thereto. Provided, it
was filed with the proper Election Registration Board.
Changes in information presented in the application form:

Alteration
Procedure
Efffect
Residence
to Another
City
or
Municipality
(Sec. 12)
Apply with the Election

Officer of new residence
for
the
transfer
of
registration
records
Undergo requirements of
notice and hearing and the
approval of the Election
Registration Board, in
accordance with this Act.
Upon approval and after

notice of such to the
Election Officer of the
former residence, said EO
shall
transmit
by
registered mail the voter's
registration record to the
Election Officer of the new
residence.
Change of
Address in
the
Same
City
or
Municipality
(Sec. 13)
Immediately notify the

Election Officer in writing,
and shall be reported to
the office of the provincial
election supervisor and
the Commission in Manila.
A change in precinct the

Board shall transfer his
registration record to the
precinct book of voters of
his new precinct and notify
the voter of his new
precinct.
III. Registration of illiterate or disabled applicants (Sec. 14):

1. May register with the assistance of any of the following:
a. Election Officer
b. Any member of an accredited citizen's arms
2. Procedure:
a. Assistant shall place such illiterate person under oath, ask
him the questions, and record the answers given in order to
accomplish the application form in the presence of the
majority of the members of the Board
i. Physically disabled person may be prepared using the
data supplied by the applicant, by any of the ff:
1. any relative within the fourth civil degree of
consanguinity or affinity; or
2. by the Election Officer or any member of an
accredited citizen's arm
ii. The fact of illiteracy or disability shall be so indicated in
the application.
b. Assistant shall read the accomplished form aloud to the
person assisted and ask him if the information given is true
and correct.
c. In the presence of the Board, the applicant shall subscribe to
the form by means of thumbmark or some other customary
mark, and it shall be subscribed and attested by the majority
of the members of the Board.
i. The attestation shall state:
1. name of the person assisted,
2. name of the person who assisted the applicant,
3. the fact that the EO placed the applicant under oath,
4. that the person who assisted the applicant read the
accomplished form to the person assisted, and
5. that the person assisted affirmed its truth and
accuracy, by placing his thumbmark or some other
customary mark on the application in the presence
of the Board.
II. Election Registration Board
Composition (Sec. 15):
1. In each city and municipality as many as Election Registration
Boards as there are election officers therein
a. In thickly populated cities/municipalities, COMELEC may
appoint additional election officers for such duration as may
be necessary
2. Chairman: Election Officer
a. In case of disqualification, COMELEC shall designate an
acting EO who shall serve as Chairman.
3. Members:
a. Public school official most senior in rank
b. Local civil registrar, or in this absence, the city or municipal
treasurer
i. In case of disqualification or non-availability of both,
COMELEC shall designate any other appointive civil
service official from the same locality as substitute.

4.
Disqualifications:
a. No member of the Board shall be related to each other or to
any incumbent city or municipal elective official within the
fourth civil degree of consanguinity or affinity
b. If in succeeding elections, any of the newly elected city or
municipal officials is related to a member of the board within
the fourth civil degree of consanguinity or affinity, such
member is automatically disqualified
Compensation (Sec. 16):

1. Honorarium to P200 for each day of actual service rendered
a. Amount may be adjusted by COMELEC every 3 years
thereafter
2. No member shall be entitled to travelling expenses
Powers, Duties & Functions:
1. Election Officer has the power to administer oath and issue
summons (subpoena duces tecum and swear in witnesses) (Sec.
19):
a. For purposes of determining the right of the applicants to be
registered,
b. The party in whose behalf the summons is issued shall pay the
fees and expenses in advance.
2.
By majority vote of the ERB in the approval and disapproval of

application (Sec. 20):
a. EO shall submit to the ERB all applications for registration filed,
together with the evidence received in connection therewith
b. If approved EO shall assign a voters identification number
and issue the corresponding identification card to the registered
voter
c. If disapproved EO shall furnish a certificate of disapproval
stating the ground therefor to the applicant
d. In both cases, any aggrieved party may file a petition for
exclusion or inclusion, as the case may be, with the proper
MTC as provided for in this Act
3.
ERB shall post a notice in the bulletin board of the city or municipal
hall and in the office of the EO within 5 days from
approval/disapproval of application, and EO shall furnish a copy of
such notice personally, or by registered mail or special delivery to the
applicant and heads or representatives of registered political parties
in the city or municipality (Sec. 21); notice shall state:
a. name and address of the applicant
b. date of application
c. action taken thereon (approved or disapproved)
4.
EO shall preserve voters registration records by compiling original

copies of the approved application for registration per precinct and
arrange the same alphabetically by surname. The second and third
copies shall be sent to the provincial and national central files within
3 days after the approval of the ERB (Sec. 22).
5.
Custody of the Provincial Election Supervisor over the Provincial File,

which shall consist the duplicate copies in each precinct of every city
and municipality in the province. Should the book of voters in the
custody of the EO be lost or destroyed at a time so close to election
day that there is no time to reconstitute the same, the corresponding
book of voters in the provincial file shall be used during the voting
(Sec. 23).
J.E.T.|11
6.
Custody of the Commission in Manila over the National Central File,

which shall consist the third copies in each city or municipality, and
shall serve as a replica of the book of voters in the possession of the
EO (Sec. 24).
a. A national list; alphabetical arrangements of surnames
b. National Central File shall consist of the computerized voters
list (CVL), both in print and in diskette*, submitted by the EO in
each city and municipality concerned
i. CVL shall make use of a single and uniform computer
program that will have a detailed sorting capability to list
voters alphabetically by:
the precincts where they vote,
brgy, municipalities, cities or provinces of residency
their voters identification numbers (VIN)
7.8. Deactivation and Reactivation of Registration

a. Procedure of Deactivation (Sec. 27):
i.
Clerks
of
court
for
the
Municipal/Municipal
Circuit/Metropolitan/Regional Trial Courts and the
Sandiganbayan shall furnish the EO of the city or
municipality concerned at the end of each month a
certified list of persons who are disqualified under Sec.
27, with their addresses.
ii.
The Commission may request a certified list of persons
who have lost their Filipino Citizenship or declared as
insane or incompetent with their addresses from other
government agencies.
iii.
ERB shall deactivate the registration and remove the
registration records of the following persons from the
corresponding precinct book of voters and place the
same, properly marked and dated in indelible ink, in the
inactive file after entering the cause or causes of
deactivation:
iv.
EO shall post in the bulletin board of his office a certified
list of those persons whose registration were deactivated
and the reasons therefor, and furnish copies thereof to
the local heads of political parties, the national central
file, provincial file, and the voter concerned.
b. Procedure of Reactivation (Sec. 28):
i.
Deactivated voters may file with the EO a sworn
application for reactivation of his registration in the form
of an affidavit stating that the grounds for the deactivation
no longer exist any time but not later than 120 days
before a regular election, and 90 days before a special
election.
ii.
EO shall submit application to ERB for appropriate action
iii.
If approved EO shall retrieve the registration record
from the inactive file, and include the same in the
corresponding precinct book of voters
iv.
Local heads or representatives of political parties shall be
properly notified on approved applications
c. Deactivation & Reacquisition of Registration:
i.
Sentenced by final judgment to suffer imprisonment for
not less than 1 year, such disability not having been
removed by plenary pardon or amnesty: Provided,
however, That any person disqualified to vote under this
paragraph shall automatically reacquire the right to vote
upon expiration of 5 years after service of sentence as
certified by the clerks of courts of the Municipal/Municipal
Circuit/Metropolitan/Regional Trial Courts and the
Sandiganbayan;

ii.
iii.
iv.
v.
vi.
Adjudged by final judgment by a competent court or

tribunal of having caused/committed any crime involving
disloyalty to the duly constituted government such as
rebellion, sedition, violation of the anti-subversion and
firearms laws, or any crime against national security,
unless restored to his full civil and political rights in
accordance with law; Provided, That he shall regain his
right to vote automatically upon expiration of 5 years after
service of sentence;
Declared by competent authority to be insane or
incompetent unless such disqualification has been
subsequently removed by a declaration of a proper
authority that such person is no longer insane or
incompetent;
Did not vote in the 2 successive preceding regular
elections as shown by their voting records. For this
purpose, regular elections do not include the SK
elections;
Registration ordered excluded by the Court; and
Lost his Filipino citizenship.
9. Cancellation of registration by ERB of those who have died (Sec. 29).

a. Death shall be certified by the LCR, who shall submit each month
a certified list of persons who died during the previous month to
the EO of the place where the deceased are registered.
b. LCR shall furnish a copy of this list to the national central file and
the proper provincial file.
c. EO shall post in the bulletin board of his office a list of those
persons who died whose registrations were cancelled, and
furnish copies thereof to the local heads of the political parties,
the national central file, and the provincial file.
i.
In the absence of information concerning the place, the list
shall be sent to the EO of the city or municipality of the
deceased's residence as appearing in his death certificate.
J.E.T.|12
IV. Exclusion and inclusion of voters proceedings

1. No res judicata. Why? The list is subject to rescission every election
a. Case: A minor who had succeeded in registering as a voter
and actually voted should be counted in an election protest.
b. COMELECs power and duty to annul the list of voters
(Omnibus Election Code; exclusive authority of the COMELEC)
to see to it that the entire registration process and the
preparation of the registry list of voters as a whole are
accomplished in accordance with existing laws. Includes:
correction of error, annulment of an entire list, order for a new
list
i.
Case: Jurisdiction of MTC in the exclusion proceedings as
to the exclusion or inclusion of a voter from the list of voters
in the precinct of its territorial jurisdiction
Does not preclude jurisdiction of COMELEC in the

determination of a candidates qualification
Summary proceedings not conclusive upon the

COMELEC
2. Common Rules governing judicial proceedings in the matter of
inclusion, exclusion, and correction of names of voters:
Procedure Petition shall be filed during office hours
(Sec. 32) a. Petition shall refer only to 1 precinct and implead
the Board as respondents
b. No costs shall be assessed against any party,
unless court finds that the application has been filed
solely to harass the adverse party and cause him to
incur expenses
Notice of the place, date and time of the hearing of the
petition shall be served upon the members of the Board
and the challenged voter upon filing of the petition.
a. Service of notice may be made by:
i.
personal delivery,
ii.
leaving it in the possession of a person of
sufficient discretion in the residence of the
challenged voter, or
iii.
by registered mail.
iv.
Should the foregoing procedures not be
practicable, the notice shall be posted in the
bulletin board of the city or municipal hall and in 2
other conspicuous places within the city or
municipality
10. ERB shall prepare and post certified list of voters (including
deactivated voters list) 90 days before a regular election, and 60 days
before a special election (Sec. 30).
a. Furnish copies thereof to the provincial, regional and national
central files, and Election Inspectors for posting in the polling
place and for their reference on Election Day. And upon payment
of the fees as fixed by the Commission, the candidates and
heads of registered political parties shall also be furnished copies
thereof.
11. Sealing of precint book of voters (Sec. 31).
a. Within 15 days before the start of the campaign period, ERB shall
notify all registered political parties and the Board of Election
Inspectors to inspect and verify the completeness of the voters
registration records for each precinct in the book of voters.
b. After verification and certification by the Board of Election
Inspectors and party reps, the ERB shall seal the book of voters
in the presence of the former at the start of the campaign period
and take custody of the same.
c. EO shall deliver the sealed precinct book of voters to the
chairman of the Board of Election Inspectors when the latter
secures its official ballots and other paraphernalia for Election
Day.
III. Effect of Registry list of voters conclusive as to who has the right
to vote in the present election.
Any voter, candidate or political party who may be

affected by the proceedings may intervene and present
his evidence
The decision shall be based on the evidence presented
and in no case rendered upon a stipulation of facts.
a. If the question is whether or not the voter is real or
fictitious, his non-appearance on the day set for
hearing shall be prima facie evidence that the
challenged voter is fictitious; and
Jurisdictio
n (Sec. 33)
Hearing and/or appeals

Original and exclusive jurisdiction over all cases of
inclusion and exclusion of voters in their respective cities
or municipalities Municipal and Metropolitan Trial
Courts
J.E.T.|13
Appeals filed with the RTC w/in 5 days from receipt of

notice thereof; Case shall be decided within 10 days
from receipt of the appeal. Final judgment shall be not
later than 15 days before the election. No motion for
reconsideration shall be entertained.
Petition for Inclusion
Petition for Exclusion
Sec. 34
Sec. 35
Who may
file
When to file
Other Reqs
Decision
Whose
application
for
registration
has
been
disapproved by the Board
or whose name has been
stricken out from the list
may file with the court
Petition to include his name
in the permanent list of
voters in his precinct at any
time except 105 days prior
to a regular election, or 75
days prior to a special
election.
(1)
Certificate
of
disapproval
of
his
application
(2) Proof of service of
notice of his petition upon
the Board
Shall be decided within 15
days after its filing
Any registered voters,

representative
of
a
political party or the
Election Officer may file
with the court
Sworn petition for the
exclusion of a voter from
the permanent list of
voters giving the name,
address and the precinct
of the challenged voter at
any time except 100 days
prior to a regular election,
or 65 days before a
special election.
(1) Proof of notice to the
Board
and
to
the
challenged voter
Shall be decided within 10

days from its filing
Board shall place the Board shall, upon receipt

application for registration of the final decision,
previously disapproved in remove
the
voter's
the corresponding book of registration record from
voters and indicate in the the corresponding book of
application for registration voters, enter the order of
the date of the order of exclusion therein, and
inclusion and the court thereafter
place
the
which issued the same.
record in the inactive file.
Verification of In order to preserve the integrity of the permanent list
Registered of voters, EO shall file exclusion proceedings when
Voters necessary, and verify the list of the registered voters
(Sec. 36) of any precinct by regular mail or house-to-house
canvass
In house-to-house canvassing, COMELEC may enlist
the help of representatives of political parties and
deputize non-government organizations (NGOs), civic
organizations and barangay officials to assist in the
verification.
Voters Excluded Through Inadvertence or Registered with an
Erroneous or Misspelled Name
(Sec. 37)
May file with the Board an
application for:
(1) Reinstatement has not
been included in the precinct
certified list of voters, or
(2) Correction of name has
(Sec. 38)
May file with the Board an
application for:
(1) Inclusion of his record Record
has not been included in the
precinct book of voters, or
(2) Reinstatement name has been
been included therein with a

wrong or misspelled name
omitted in the list of voters

(3) Correction of name wrong or
mispelled name
If it is denied or not acted upon:

He may file on any date with the proper Municipal or Metropolitan Trial
Court a petition for an order directing that the voter's name be entered or
corrected in the list. The voters shall attach to the petition a certified true
copy of his registration record or identification card or the entry of his
name in the list of voters used in the preceding election, together with
proof that his application was denied or not acted upon by the Board and
that he has served notice thereof to the Board.
Annulment Upon verified petition of any voter or election officer or
at Book of duly registered political party, and after notice and
Voters hearing, COMELEC shall annul any book of voters that is
(Sec. 39) not prepared in accordance with the provisions of this Act
or was prepared through fraud, bribery, forgery,
impersonation, intimidation, force or any similar
irregularity, or which contains data that are statistically
improbable.
No order, ruling or decision annulling a book of voters
shall be executed within 90 days before an election.
ABSENTEE VOTING LAW
I. Who are entitled to vote in absentia
1. Sec. 4: All citizens of the Philippines abroad, who are not
otherwise disqualified by law, at least eighteen (18) years of
age on the day of elections, may vote for president, vicepresident, senators and party-list representatives.
2. Disqualified voters are those who (Sec. 5):
a. Lost their Filipino citizenship in accordance with
Philippine laws;
b. Expressly renounced their Philippine citizenship and who
have pledged allegiance to a foreign country;
c. Have committed and are convicted in a final judgment by
a court or tribunal of an offense punishable by
imprisonment of not less than 1 year, including those who
have committed and been found guilty of Disloyalty as
defined under Article 137 of the Revised Penal Code,
such disability not having been removed by plenary
pardon or amnesty;
i. Provided, however, That any person disqualified to
vote under this subsection shall automatically acquire
the right to vote upon expiration of 5 years after
service of sentence;
ii. Provided, further, That the Commission may take
cognizance of final judgments issued by foreign
courts or tribunals only on the basis of reciprocity
and subject to the formalities and processes
prescribed by the Rules of Court on execution of
judgments;
d. An immigrant or a permanent resident who is recognized
as such in the host country,
i. Unless he/she executes, upon registration, an
affidavit prepared for the purpose by the Commission
declaring that he/she shall resume actual physical
permanent residence in the Philippines not later than
3 years from approval of his/her registration under
this Act. Such affidavit shall also state that he/she
has not applied for citizenship in another country.
Failure to return shall be the cause for the removal of
e.
the name of the immigrant or permanent resident

from the National Registry of Absentee Voters and
his/her permanent disqualification to vote in absentia.
Previously declared insane or incompetent by competent
authority in the Philippines or abroad, as verified by the
Philippine embassies, consulates or foreign service
establishments concerned,
i. Unless such competent authority subsequently
certifies that such person is no longer insane or
incompetent.
Personal Overseas Absentee Registration (Sec. 6)

Who may register
Qualified citizens of the Philippines abroad who failed to register under
Republic Act No. 8189 (Voters Registration Act of 1996)
How to register
Personally apply for registration with:
(1) ERB of the city or municipality where they were domiciled immediately
prior to their departure from the Philippines, or
(2) The representative of the Commission at the Philippine embassies,
consulates and other foreign service establishments that have jurisdiction
over the locality where they temporarily reside.
Seafarers Commission shall provide a special mechanism for the time
and manner of personal registration taking into consideration the nature
of their work.
Duties and Functions of the Government
(1) Commission is authorized to prescribe additional procedures for
overseas absentee registration pursuant to the provisions of Republic Act
No. 8189, whenever applicable, taking into strict consideration the time
zones and the various periods and processes herein provided for the
proper implementation of this Act.
(2) The embassies, consulates and other foreign service establishments
shall transmit within (5) days from receipt the accomplished registration
forms to the Commission, after which the Commission shall coordinate
with the Election Officer of the city or municipality of the applicant's stated
residence for verification, hearing and annotation in the permanent list of
voters.
(3) Commission shall provide for the period within which applications to
register must be filed. (Note: All applications for the May 2004 elections
shall be filed with the Commission not later than two hundred eighty
(280) calendar days before the day of elections)
Verification of application
(1) Upon receipt of the application for registration, the Election Officer
shall immediately set the application for hearing, the notice of which shall
be posted in a conspicuous place in the premises of the city or municipal
building of the applicant's stated residence for at least one (1) week
before the date of the hearing. The Election Officer shall immediately
furnish a copy of the application to the designated representatives of
political parties and other accredited groups.
(2) No verified objection to the application Election Officer shall
immediately forward the application to the Election Registration Board,
which shall decide on the application within one (1) week from the date of
hearing without waiting for the quarterly meeting of the Board. The
applicant shall be notified of the approval or disapproval of his/her
application by registered mail.
(3) With verified objection to the application Election Officer shall notify
the applicant of said objection by registered mail, enclosing therein
copies of affidavits or documents submitted in support of the objection
J.E.T.|14
filed with the said Election Officer, if any. The applicant shall have the
right to file his counter-affidavit by registered mail, clearly stating therein
facts and defenses sworn before any officer in the host country
authorized to administer oaths.
(4) The application shall be approved or disapproved based on the merits
of the objection, counter-affidavit and documents submitted by the party
objecting and those of the applicant.
(5) A Certificate of Registration as an overseas absentee voter shall be
issued by the Commission to all applicants whose applications have been
approved, including those certified as registered voters. The Commission
shall include the approved applications in the National Registry of
Absentee Voters.
(6) Approved applications any interested party may file a petition for
exclusion not later than two hundred ten (210) days before the day of
elections with the proper municipal or metropolitan trial court. The petition
shall be decided within fifteen (15) days after its filing on the basis of the
documents submitted in connection therewith. Should the court fail to
render a decision within the prescribed period, the ruling of the Election
Registration Board shall be considered affirmed.
(7) Disapproved applications the applicant or his authorized
representative shall, within a period of five (5) days from receipt of the
notice of disapproval, have the right to file a petition for inclusion with the
proper municipal or metropolitan trial court. The petition shall be decided
within five (5) days after its filing on the basis of documents submitted in
connection therewith.
Qualified citizens of the Philippines abroad, who have previously
registered as voters pursuant to Republic Act No. 8189 shall apply for
certification as absentee voters and for inclusion in the National Registry
of Overseas Absentee Voters, with a corresponding annotation in the
CVL.
Requirements for registration (Sec. 8)
(1) Valid Philippine passport
a. In the absence of a valid passport, a certification of the
Department of Foreign Affairs that it has reviewed the
appropriate documents submitted by the applicant and found
them sufficient to warrant the issuance of a passport, or that
the applicant is a holder of a valid passport but is unable to
produce the same for a valid reason;
(2) Accomplished registration form prescribed by the Commission
containing the following mandatory information:
a. Last known residence of the applicant in the Philippines before
leaving for abroad;
b. Address of applicant abroad, or forwarding address in the case
of seafarers;
c. Where voting by mail is allowed, the applicant's mailing
address outside the Philippines where the ballot for absentee
voters will be sent, in proper cases; and;
d. Name and address of applicant's authorized representative in
the Philippines for purposes of Section 6.7 (Sec.6<Verification
of application<Disapproved applications) and Section 12
hereof.
In the case of immigrants and permanent residents not otherwise
disqualified to vote under this Act:
(1) Affidavit declaring the intention to resume actual physical permanent
residence in the Philippines not later than three (3) years after approval of

his/her registration as an overseas absentee voter under this Act. Such
affidavit shall also state that he/she has not applied for citizenship in
another country.
The Commission may also require additional data to facilitate registration
and recording. No information other than those necessary to establish
the identity and qualification of the applicant shall be required.
Procedure to apply to vote in absentia (Sec. 11)
Every qualified citizen of the Philippines abroad whose application for
registration has been approved, including those previously registered
under Republic Act No. 8189, shall, in every national election:
(1) File with the officer of the embassy, consulate or other foreign service
establishment authorized by the Commission, a sworn written application
to vote in a form prescribed by the Commission. The authorized officer of
such embassy, consulate or other foreign service establishment shall
transmit to the Commission the said application to vote within five (5)
days from receipt thereof. The application form shall be accomplished in
triplicate and submitted together with the photocopy of his/her overseas
absentee voter certificate of registration.
(2) Every application to vote in absentia may be done personally at, or by
mail to, the embassy, consulate or foreign service establishment, which
has jurisdiction over the country where he/she has indicated his/her
address for purposes of the elections.
(3) Consular and diplomatic services rendered in connection with the
overseas absentee voting processes shall be made available at no cost
to the overseas absentee voter.
(4) Sec. 12: Verification and approval of application to vote shall be acted
upon by the Commission upon receipt thereof, but in no case later than
one hundred fifty (150) days before the day of elections.
(5) The Commission shall issue an overseas absentee voter identification
card to those whose applications to vote have been approved.
In the event of disapproval of the application, the voter or his authorized
representative may file a Motion for Reconsideration with the
Commission personally, or by registered mail, within ten (10) days from
receipt of the notice of disapproval. The Commission shall act within five
(5) days from receipt of such Motion for Reconsideration and shall
immediately notify the voter of its decision. The decision of the
Commission shall be final and executory.
II. Casting and Canvassing of voters in absentia
Procedure (Sec. 16):
1. Upon receipt by the designated officer of the embassy,
consulate and other foreign service establishments of the
ballots for overseas absentee voters, voting instructions,
election forms and other paraphernalia, he/she shall make
them available on the premises to the qualified overseas
absentee voters in their respective jurisdictions during the thirty
(30) days before the day of elections when overseas absentee
voters may cast their vote. Immediately upon receiving it, the
overseas absentee voter must fill-out his/her ballot personally,
in secret, without leaving the premises of the embassies,
consulates and other Foreign Service establishments
concerned.
2. The overseas absentee voter shall personally accomplish
his/her ballot at the embassy, consulate or other foreign service
establishment that has jurisdiction over the country where
he/she temporarily resides or at any polling place designated
and accredited by the Commission.
3. The overseas absentee voter shall cast his ballot, upon
J.E.T.|15
presentation of the absentee voter identification card issued by
the Commission, within thirty (30) days before the day of
elections. In the case of seafarers, they shall cast their ballots
anytime within sixty (60) days before the day of elections as
prescribed in the Implementing Rules and Guidelines.
4. All accomplished ballots received shall be placed unopened
inside sealed containers and kept in a secure place designated
by the Commission.
5. The embassies, consulates and other foreign service
establishments concerned shall keep a complete record of the
ballots for overseas absentee voters, specifically indicating the
number of ballots they actually received, and in cases where
voting by mail is allowed under Section 17 hereof, the names
and addresses of the voters to whom these ballots were sent,
including proof of receipt thereof. In addition, the embassies,
consulates and other foreign service establishments shall
submit a formal report to the Commission and the Joint
Congressional Oversight Committee created under this Act
within thirty (30) days from the day of elections. Such report
shall contain data on the number of ballots cast and received
by the offices, the number of invalid and unclaimed ballots and
other pertinent data.
6. The overseas absentee voter shall be instructed that his/her
ballot shall not be counted if it is not inside the special
envelope furnished him/her when it is cast.
7. Ballots not claimed by the overseas absentee voters at the
embassies,
consulates
and
other
foreign
service
establishments, in case of personal voting, and ballots returned
to the embassies, consulates and other foreign service
establishments concerned, in the case of voting by mail, shall
be cancelled and shipped to the Commission by the least
costly method within six (6) months from the day of elections.
8. Only ballots cast, and mailed ballots received by the Philippine
embassies,
consulates
and
other
foreign
service
establishments concerned in accordance with Section 17
hereof before the close of voting on the day of elections shall
be counted in accordance with Section 18 hereof. All
envelopes containing the ballots received by the embassies,
consulates and other foreign service establishments after the
prescribed period shall not be opened, and shall be cancelled
and shipped to the Commission by the least costly method
within six (6) months from the day of elections.
9. A Special Ballot Reception and Custody Group composed of
three (3) members shall be constituted by the Commission
from among the staff of the embassies, consulates and other
foreign service establishments concerned, including their
attached agencies, and citizens of the Philippines abroad, who
will be deputized to receive ballots and take custody of the
same preparatory to their transmittal to the Special Boards of
Election Inspectors.
10. During this phase of the election process, the authorized
representatives of the political parties, candidates, and
accredited citizens' arms of the Commission shall be notified in
writing thereof and shall have the right to witness the
proceedings.
11. The Commission shall study the use of electronic mail,
Internet, or other secured networks in the casting of votes, and
submit a report thereon to the Joint Congressional Oversight
Committee.
Method of voting in vote in absentia:
1. Voting by mail (Sec. 17) in any country shall be allowed only

upon review and approval of the Joint Congressional Oversight
Committee.
2. The overseas absentee voters shall send his/her accomplished
ballot to the corresponding embassy, consular or other foreign
service establishment that has jurisdiction over the country
where he/she temporarily resides. He/She shall be entitled to
cast his/her ballot at any time upon his/her receipt thereof,
provided that the same is received before the close of voting on
the day of elections. The overseas absentee voter shall be
instructed that his/her ballot shall not be counted if not
transmitted in the special envelope furnished him/her.
3. Only mailed ballots received shall be counted in accordance
with Section 18 hereof. All ballots after the prescribed period
shall not be opened, and shall be cancelled and disposed of
appropriately, with a corresponding report thereon submitted to
the Commission not later than thirty (30) days from the day of
elections.
For the May 2004 elections, voting by mail in not more than three (3)
countries, subject to the approval of the Congressional Oversight
Committee. Voting by mail may be allowed in countries that:
1. Where the mailing system is fairly well-developed and secure to
prevent the occasion of fraud;
2. Where there exists a technically established identification system that
would preclude multiple or proxy voting; and,
3. Where the system of reception and custody of mailed ballots in the
embassies, consulates and other foreign service establishments
concerned are adequate and well-secured.
On-Site Counting and Canvassing (Sec. 18):
1. The counting and canvassing of votes shall be conducted on
site in the country where the votes were actually cast. The
opening of the specially-marked envelopes containing the
ballots and the counting and canvassing of votes shall be
conducted within the premises of the embassies, consulates
and other foreign service establishments or in such other
places as may be designated by the Commission pursuant to
c. the Philippines qualified to vote under this Act
deputized by the Commission, as vice-chairman and
member-secretary, respectively,
Immediately upon the completion of the canvass, the chairman
of the Special Board of Canvassers shall transmit via facsimile,
electronic mail, or any other means of transmission equally
safe and reliable the Certificates of Canvass and the
Statements of Votes to the Commission, and shall cause to
preserve the same immediately after the conclusion of the
canvass, and make it available upon instructions of the
Commission.
The Special Board of Canvassers shall also furnish the
accredited major political parties and accredited citizens' arms
with copies thereof via facsimile, electronic mail and any other
means of transmission equally safe, secure and reliable.
The Certificates of Canvass and the accompanying Statements
of Votes as transmitted via facsimile, electronic mail and any
other means of transmission equally safe, secure and reliable
shall be the primary basis for the national canvass.
5. The canvass of votes shall not cause the delay of the
proclamation of a winning candidate if the outcome of the
election will not be affected by the results thereof.
Notwithstanding the foregoing, the Commission is empowered
to order the proclamation of winning candidates despite the
fact that the scheduled election has not taken place in a
J.E.T.|16
2.
3.
4.
6.
7.
the Implementing Rules and Regulations. The Commission

shall ensure that the start of counting in all polling places
abroad shall be synchronized with the start of counting in the
Philippines.
For these purposes, the Commission shall constitute as many
Special Boards of Election Inspectors (SBEI) as may be
necessary to conduct and supervise the counting of votes as
provided in Section 18.2 hereof. The Special Boards of
Election Inspectors to be constituted herein shall be composed
of:
a. Chairman the ambassador or consul-general, or
any career public officer posted abroad designated
by the Commission
b. two (2) members, one (1) of whom shall be
designated as poll clerk in the absence of other
government officers, the two (2) other members shall
be citizens of the Philippines who are qualified to
vote under this act and deputized by the Commission
not later than sixty (60) days before the day of
elections.
All resolutions of the SBEI on issues brought before it during
the conduct of its proceedings shall be valid only when they
carry the approval of the chairman.
Immediately upon the completion of the counting, the SBEI
shall transmit via facsimile and/or electronic mail the results to
the Commission in Manila and the accredited major political
parties.
Only ballots received before the close of voting on the day of
elections shall be included in the counting of votes. Those
received afterwards shall not be counted.
Special Board of Canvassers shall canvass the election returns
submittited to it by the SBEI; composed of:
a. A lawyer preferably of the Commission as chairman,
b. A senior career officer from any of the government
agencies maintaining a post abroad and, in the
absence of another government officer, a citizen of
particular country or countries, if the holding of elections
therein has been rendered impossible by events, factors and
circumstances peculiar to such country or countries, and which
events, factors and circumstances are beyond the control or
influence of the Commission.
In the preparation of the final tally of votes on the results of the
national elections, the Commission shall ensure that the votes
canvassed by each and every country shall be reflected as a
separate item from the tally of national votes. For purposes of
this Act, the returns of every election for president and vicepresident prepared by the Special Board of Canvassers shall
be deemed a certificate of canvass of a city or province.
Where feasible, the counting and canvassing of votes shall be
automated. Towards this end, the Commission is hereby
authorized to borrow, rent, lease or acquire automated voting
machines for purposes of canvassing and counting of votes
pursuant to the provisions of this Act, and in accordance with
the Implementing Rules and Regulations promulgated by the
Commission.
CHAPTER FIVE: CAMPAIGN AND EXPENDITURES
I. GENERALLY (Sec. 80, Omnibus Election Code):

It shall be unlawful for any person, whether or not a voter or candidate, or
for any party, or association of persons, to engage in an election

campaign or partisan political activity except during campaign period.
Political parties may hold political conventions or meetings to nominate
their official candidates within 30 days before the commencement of the
campaign period and 45 days for executive positions.
Election campaign or partisan political activity, defined an act
designed to promote the election or defeat of a particular candidate/s to a
public office.
Thus, if there are no candidate/s whose interest is to be

promoted/defeated, there is no restriction to any campaign or
partisan political activity.
o
How do you know if one is a candidate already? Seasonably
filed COC.
(Sec. 9, Art. IX-C of the Constitution):
Election period commences 90 days before the day of the election and
shall end 30 days thereafter.
Nomination and Selection of Official Candidates (Sec. 6 of RA7166):
No political convention or meeting for the nomination or selection of the
official candidates of any political party or organization or political groups
or coalition thereof shall be held earlier than the following periods:
a. For President, Vice-President and Senators, one hundred
sixty-five (165) days before the day of the election; and
b. For Members of the House of Representatives and elective
provincial, city or municipal officials, seventy-five (75) days
before the day of the election.
II. INTERVENTION OF FOREIGNERS (Sec. 81, OEC):
Prohibition to aid any candidate, directly or indirectly, or take part in or
influence in any manner any election, or to contribute or make any
expenditure in connection with any election campaign or partisan political
activity; whether juridical or natural person.
III. LAWFUL ELECTION PROPAGANDA
Sec. 82
OEC
(a) Pamphlets, leaflets, cards, decals, stickers or other written or printed
materials of a size not more than eight and one-half inches in width and
fourteen inches in length;
(b) Handwritten or printed letters urging voters to vote for or against any
particular candidate;
(c) Cloth, paper or cardboard posters, whether framed or posted, with an
area exceeding two feet by three feet, except that, at the site and on the
occasion of a public meeting or rally, or in announcing the holding of said
meeting or rally, streamers not exceeding three feet by eight feet in size,
shall be allowed: Provided, That said streamers may not be displayed
except one week before the date of the meeting or rally and that it shall
be removed within seventy-two hours after said meeting or rally; or
(d) All other forms of election propaganda not prohibited by this Code as
the Commission may authorize after due notice to all interested parties
and hearing where all the interested parties were given an equal
opportunity to be heard: Provided, That the Commission's authorization
shall be published in two newspapers of general circulation throughout
the nation for at least twice within one week after the authorization has
been granted.
Fair Election Code
(RA 9006)
Sec. 3: Election propaganda whether on television, cable television,
radio, newspapers or any other medium is hereby allowed for all
registered political parties, national, regional, sectoral parties or
J.E.T.|17
organizations participating under the party-list elections and for all bona
fide candidates seeking national and local elective positions subject to
the limitation on authorized expenses of candidates and political parties,
observance of truth in advertising and to the supervision and regulation
by COMELEC.
For the purpose of this Act, lawful election propaganda shall include:
3.1 Pamphlets, leaflets, cards, decals, stickers or other written or
printed materials the size of which does not exceed eight and one-half
inches in width and fourteen inches in length;
3.2 Handwritten or printed letters urging voters to vote for or against
any particular political party or candidate for public office;
3.3 Cloth, paper or cardboard posters whether framed, or posted, with
an area not exceeding two (2) feet by three (3) feet, except that, at the
site and on the occasion of a public meeting or rally, or in announcing
the holding of said meeting or rally, streamers not exceeding three (3)
feet by eight (8) feet in size, shall be allowed: Provided, That said
streamers may be displayed five (5) days before the date of the
meeting or rally and shall be removed within twenty-four (24) hours
after said meeting or rally;
3.4 Paid advertisements in print or broadcast media: Provided, That
the advertisements shall follow the requirements set forth in Section 4
of this Act; and
3.5 All other forms of election propaganda not prohibited by the
Omnibus Election Code or this Act.
Sec. 4: Requirements for Published or Printed and Broadcast
Election Propaganda
4.1 Any newspaper, newsletter, newsweekly, gazette or magazine
advertising, posters, pamphlets, comic books, circulars, handbills,
bumper stickers, streamers, simple list of candidates or any published
or printed political matter and any broadcast of election propaganda by
television or radio for or against a candidate or group of candidates to
any public office shall bear and be identified by the reasonably legible
or audible words "political advertisement paid for," followed by the true
and correct name and address of the candidate or party for whose
benefit the election propaganda was printed or aired.
4.2 If the broadcast is given free of charge by the radio or television
station, it shall be identified by the words "airtime for this broadcast
was provided free of charge by" followed by the true and correct name
and address of the broadcast entity.
4.3 Print, broadcast or outdoor advertisements donated to the
candidate or political party shall not be printed, published, broadcast
or exhibited without the written acceptance by the said candidate or
political party. Such written acceptance shall be attached to the
advertising contract and shall be submitted to the COMELEC as
provided in Subsection 6.3 hereof.
Sec. 5: Election Surveys
5.1 Election surveys refer to the measurement of opinions and
perceptions of the voters as regards a candidate's popularity,
qualifications, platforms or a matter of public discussion in relation to
the election, including voters' preference for candidates or publicly
discussed issues during the campaign period (hereafter referred to as
"Survey").
5.2 During the election period, any person, natural as well as juridical,
candidate or organization who publishes a survey must likewise
publish the following information:
a) The name of the person, candidate, party or organization who
commissioned or paid for the survey;
b) The name of the person, polling firm or survey organization who
conducted the survey;
c) The period during which the survey was conducted, the
methodology used, including the number of individual respondents

and the areas from which they were selected, and the specific
questions asked;
d) The margin of error of the survey;
e) For each question for which the margin of error is greater than
that reported under paragraph (d), the margin of error for that
question; and
f) A mailing address and telephone number, indicating it as an
address or telephone number at which the sponsor can be contacted
to obtain a written report regarding the survey in accordance with
Subsection 5.3.
5.3 The survey together with raw data gathered to support its
conclusions shall be available for inspection, copying and verification
by the COMELEC or by a registered political party or a bona fide
candidate, or by any COMELEC-accredited citizen's arm. A
reasonable fee sufficient to cover the costs of inspection, copying and
verification may be charged.
5.4 Surveys affecting national candidates shall not be published fifteen
(15) days before an election and surveys affecting local candidates
shall not be published seven (7) days before an election. (Ruled
unconstitutional in Social Weather Stations v. COMELEC because it is
an abridgement of freedom of speech, expression, and the press)
5.5 Exit polls may only be taken subject to the following requirements:
a) Pollsters shall not conduct their surveys within fifty (50) meters
from the poling place, whether said survey is taken in a home,
dwelling place and other places;
b) Pollsters shall wear distinctive clothing;
c) Pollsters shall inform the voters that they may refuse to answer;
and
d) The result of the exit polls may be announced after the closing of
the polls on election day, and must dearly identify the total number of
respondents, and the places where they were taken. Said
announcement shall state that the same is unofficial and does not
represent a trend.
Sec. 6. Equal Access to Media Time and Space for all registered
parties and bona fide candidates.
The following guidelines may be amplified on by the COMELEC:
6.1 Print advertisements shall not exceed one-fourth (1/4) page in
broadsheet and one-half (1/2) page in tabloids thrice a week per
newspaper, magazine or other publications, during the campaign
period.
6.2 Each bona fide candidate or registered political party for a
nationally elective office shall be entitled to not more than one hundred
twenty (120) minutes of television advertisement and one hundred
eighty (180) minutes of radio advertisement whether by purchase or
donation.
Each bona fide candidate or registered political party for a locally
elective office shall be entitled to not more than sixty (60) minutes of
television advertisement and ninety (90) minutes of radio
advertisement whether by purchase or donation.
For this purpose, the COMELEC shall require any broadcast station or
entity to submit to the COMELEC a copy of its broadcast logs and
certificates of performance for the review and verification of the
frequency, date, time and duration of advertisements broadcast for
any candidate or political party.
6.3 All mass media entities shall furnish the COMELEC with a copy of
all contracts for advertising, promoting or opposing any political party
or the candidacy of any person for public office within five (5) days
after its signing. In every case, it shall be signed by the donor, the
candidate concerned or by the duly authorized representative of the
political party.
6.4 No franchise or permit to operate a radio or television station shall
J.E.T.|18
be granted or issued, suspended or cancelled during the election
period. In all instances, the COMELEC shall supervise the use and
employment of press, radio and television facilities insofar as the
placement of political advertisements is concerned to ensure that
candidates are given equal opportunities under equal circumstances
to make known their qualifications and their stand on public issues
within the limits set forth in the Omnibus Election Code and Republic
Act No. 7l66 on election spending.
The COMELEC shall ensure that radio or television or cable television
broadcasting entities shall not allow the scheduling of any program or
permit any sponsor to manifestly favor or oppose any candidate or
political party by unduly or repeatedly referring to or including said
candidate and/or political party in such program respecting, however,
in all instances the right of said broadcast entities to air accounts of
significant news or news worthy events and views on matters of public
interest.
6.5 All members of media, television, radio or print, shall scrupulously
report and interpret the news, taking care not to suppress essential
facts nor to distort the truth by omission or improper emphasis. They
shall recognize the duty to air the other side and the duty to correct
substantive errors promptly.
6.6 Any mass media columnist, commentator, announcer, reporter, onair correspondent or personality who is a candidate for any elective
public office or is a campaign volunteer for or employed or retained in
any capacity by any candidate or political party shall be deemed
resigned, if so required by their employer, or shall take a leave of
absence from his/her work as such during the campaign period:
Provided, That any media practitioner who is an official of a political
party or a member of the campaign staff of a candidate or political
party shall not use his/her time or space to favor any candidate or
political party.
6.7 No movie, cinematograph or documentary portraying the life or
biography of a candidate shall be publicly exhibited in a theater,
television station or any public forum during the campaign period.
6.8 No movie, cinematograph or documentary portrayed by an actor or
media personality who is himself a candidate shall likewise be publicly
exhibited in a theater or any public forum during the campaign period.
Sec. 7. Affirmative Action by the COMELEC
7.1 Pursuant to Sections 90 and 92 of the OEC, the COMELEC shall
procure the print space upon payment of just compensation from at
least three (3) national newspapers of general circulation wherein
candidates for national office can announce their candidacies. Such
space shall be allocated free of charge equally and impartially among
all the candidates for national office on three (3) different calendar
days: the first day within the first week of the campaign period; the
second day within the fifth week of the campaign period; and the third
day within the tenth week of the campaign period.
7.2 The COMELEC shall also procure free airtime from at least three
(3) national television networks and three (3) national radio networks,
which shall also be allocated free of charge equally and impartially
among all candidates for national office. Such free time shall be
allocated on three (3) different calendar days: the first day within the
first week of the campaign period; the second day within the fifth week
of the campaign period; and the third day within the tenth week of the
campaign period.
7.3 The COMELEC may require national television and radio networks
to sponsor at least three (3) national debates among presidential
candidates and at least one (1) national debate among vice
presidential candidates. The debates among presidential candidates
shall be scheduled on three (3) different calendar days: the first
debate shall be scheduled within the first and second week of the

campaign period; the second debate within the fifth and six week of
the campaign period; and the third debate shall be scheduled within
the tenth and eleventh week of the campaign period.
The sponsoring television or radio network may sell airtime for
commercials and advertisements to interested advertisers and
sponsors. The COMELEC shall promulgate rules and regulations for
the holding of such debates.
Sec. 8. COMELEC Space and Time
The COMELEC shall procure space in at least one (1) newspaper of
general circulation and air time in at least one (1) major broadcasting
station or entity in every province or city
Provided, however, That in the absence of said newspaper, publication
shall be done in any other magazine or periodical in said province or
city, which shall be known as "COMELEC Space"
Provided, further, That in the absence of said broadcasting station or
entity, broadcasting shall be done in any radio or television station in
said province or city, which shall be known as "COMELEC Time". Said
time shall be allocated to the COMELEC free of charge, while said
space shall be allocated to the COMELEC upon payment of just
compensation. The COMELEC time and space shall be utilized
exclusively by the COMELEC for public information dissemination on
election-related concerns.
Sec. 9. Posting of Campaign Materials
The COMELEC may authorize political parties and party-list groups to
erect common poster areas for their candidates in not more than ten
(10) public places such as plazas, markets, barangay centers and the
like, wherein candidates can post. display or exhibit election
propaganda: Provided, That the size of the poster areas shall not
exceed twelve (12) by sixteen (16) feet or its equivalent.
Independent candidates with no political parties may likewise be
authorized to erect common poster areas in not more than ten (10)
public places, the size of which shall not exceed four (4) by six (6) feet or
its equivalent.
Candidates may post any lawful propaganda material in private places
with the consent of the owner thereof, and in public places or property
which shall be allocated equitably and impartially among the candidates.
Sec. 10. Right to Reply
All registered parties and bona fide candidates shall have the right to
reply to charges published against them. The reply shall be given
publicity by the newspaper, television and/or radio station which first
printed or aired the charges with the same prominence or in the same
page or section or in the same time slot as the first statement.
Sec. 11. Rates for Political Propaganda
During the election period, media outlets shall charge registered political
parties and bona fide candidates a discounted rate of thirty percent
(30%) for television, twenty percent (20%) for radio and ten percent
(10%) for print over the average rates charged during the first three
quarters of the calendar year preceding the elections.
Sec. 12. Substitution of Candidates
In case of valid substitutions after the official ballots have been printed,
the votes cast for the substituted candidates shall be considered as stray
votes but shall not invalidate the whole ballot. For this purpose, the
official ballots shall provide spaces where the voters may write the name
of the substitute candidates if they are voting for the latter: Provided,
however, That if the substitute candidate of the same family name, this
provision shall not apply.
Sec. 13. Authority of the COMELEC to Promulgate Rules; Election
Offenses
The COMELEC shall promulgate and furnish all political parties and
candidates and the mass media entities the rules and regulations for the
implementation of this Act, consistent with the criteria established in
J.E.T.|19
Article IX-C, Section 4 of the Constitution and Section 86 of the OEC.
Rules and regulations promulgated by the COMELEC under and by
authority of this Section shall take effect on the seventh day after their
publication in at least two (2) daily newspapers of general circulation.
Prior to effectivity of said rules and regulations, no political
advertisement or propaganda for or against any candidate or political
party shall be published or broadcast through mass media.
Violation of this Act and the rules and regulations of the COMELEC
issued to implement this Act shall be an election offense punishable
under the first and second paragraphs of Section 264 of the OEC.
Sec. 14: Section 67 and 85 of the OEC and Sections 10 and 11 of
RA6646 are hereby repealed. As a consequence, the first proviso in the
third paragraph of Section 11 of RA 8436 is rendered ineffective. All
laws, presidential decrees, executive orders, rules and regulations, or
any part thereof inconsistent with the provisions of this Act are hereby
repealed or modified or amended accordingly
IV. CONTRIBUTIONS (Sec. 94, OEC):
Includes a gift, donation, subscription, loan, advance or deposit of money
or anything of value, or a contract, promise or agreement to contribute,
whether or not legally enforceable, made for the purpose of influencing
the results of the elections but shall not include services rendered without
compensation by individuals volunteering a portion or all of their time in
behalf of a candidate or political party. It shall also include the use of
facilities voluntarily donated by other persons, the money value of which
can be assessed based on the rates prevailing in the area.
Includes the payment or delivery of money of anything of value, or a
contract, promise or agreement to make an expenditure, for the purpose
of influencing the results of the election. It shall also include the use of
facilities personally owned by the candidate, the money value of the use
of which can be assessed based on the rates prevailing in the area.
V. PROHIBITED CONTRIBUTIONS (Sec. 95, OEC):
(a) Public or private financial institutions: Provided, however, That nothing
herein shall prevent the making of any loan to a candidate or political
party by any such public or private financial institutions legally in the
business of lending money, and that the loan is made in accordance
with laws and regulations and in the ordinary course of business;
(b) Natural and juridical persons operating a public utility or in possession
of or exploiting any natural resources of the nation;
(c) Natural and juridical persons who hold contracts or sub-contracts to
supply the government or any of its divisions, subdivisions or
instrumentalities, with goods or services or to perform construction or
other works;
(d) Natural and juridical persons who have been granted franchises,
incentives, exemptions, allocations or similar privileges or
concessions by the government or any of its divisions, subdivisions or
instrumentalities, including government-owned or controlled
corporations;
(e) Natural and juridical persons who, within one year prior to the date of
the election, have been granted loans or other accommodations in
excess of P100,000 by the government or any of its divisions,
subdivisions or instrumentalities including government-owned or
controlled corporations;
(f) Educational institutions which have received grants of public funds
amounting to no less than P100,000.00;
(g) Officials or employees in the Civil Service, or members of the Armed
Forces of the Philippines; and
(h) Foreigners and foreign corporations.
VI. PROHIBITED RAISING OF FUNDS (Sec. 97, OEC):

The law prohibits any person to hold dances, lotteries, cockfights, games,
boxing
bouts,
bingo,
beauty
contests,
entertainments,
or
cinematographic, theatrical or other performances for the purpose of
raising funds for an election campaign or for the support of any candidate
from the commencement of the election period up to and including
election day; or for any person or organization, whether civic or religious,
directly or indirectly, to solicit and/or accept from any candidate for public
office, or from his campaign manager, agent or representative, or any
person acting in their behalf, any gift, food, transportation, contribution or
donation in cash or in kind from the commencement of the election
period up to and including election day; Provided, That normal and
customary religious stipends, tithes, or collections on Sundays and/or
other designated collection days, are excluded from this prohibition.
VII. AGREEMENT IN VIOLATION OF RESTRICTIONS IS VOID
A note executed to evidence a loan extended to finance a political
campaign in violation of the prohibitions provided by law is null and void.
Likewise, money knowingly loaned to be corruptly used cannot be
recovered.
The knowledge of the lender and the borrower to a promissory note that
the money borrowed was to be used, and was actually used to bring the
electors to vote for the maker was held to be a good defense to an action
on the note (Halili v. CA; 1978)
The prohibition extends to a public utility operator, juridical or

natural person.
o
Why? The disbursement would diminish his or its income
and would be a controversial disbursement since it would
embroil a public utility operator in partisan politics. Any
increase of rates would be detrimental to the public.
Public utility operators should not spend their income to support

the election of politicians.
o
Why? To do otherwise would pressure the public utility
commission to allow public utilities to increase the rates or
politicians may use their influence to cover up the violations
of law committed by public utility operators.
VIII. AUTHORIZED EXPENDITURES (Sec. 13 of RA 7166):
The aggregate amount that a candidate or registered political party may
spend for election campaign shall be as follows:
a) For candidates. - Ten pesos (P10.00) for President and VicePresident; and for other candidates Three Pesos (P3.00) for
every voter currently registered in the constituency where he filed
his certificate of candidacy: Provided, That a candidate without
any political party and without support from any political party
may be allowed to spend Five Pesos (P5.00) for every such
voter; and
b) For political parties. - Five pesos (P5.00) for every voter currently
registered in the constituency or constituencies where it has
official candidates.
Any provision of law to the contrary notwithstanding any contribution in
cash or in kind to any candidate or political party or coalition of parties for
campaign purposes, duly reported to the Commission shall not be
subject to the payment of any gift tax.
The following are lawful expenditures (Sec. 102 of OEC):
(a) For travelling expenses of the candidates and campaign
personnel in the course of the campaign and for personal
expenses incident thereto;
(b) For compensation of campaigners, clerks, stenographers,
J.E.T.|20
messengers, and other persons actually employed in the
campaign;
(c) For telegraph and telephone tolls, postage, freight and express
delivery charges;
(d) For stationery, printing and distribution of printed matters relative
to candidacy;
(e) For employment of watchers at the polls;
(f) For rent, maintenance and furnishing of campaign headquarters,
office or place of meetings;
(g) For political meetings and rallies and the use of sound systems,
lights and decorations during said meetings and rallies;
(h) For newspaper, radio, television and other public advertisements;
(i) For employment of counsel, the cost of which shall not be taken
into account in determining the amount of expenses which a
candidate or political party may have incurred under Section 100
and 101 hereof;
(j) For copying and classifying list of voters, investigating and
challenging the right to vote of persons registered in the lists the
costs of which shall not be taken into account in determining the
amount of expenses which a candidate or political party may
have incurred under Sections 100 and 101 hereof; or
(k) For printing sample ballots in such color, size and maximum
number as may be authorized by the Commission and the cost of
such printing shall not be taken into account in determining the
amount of expenses which a candidate or political party may
have incurred under Sections 100 and 101 hereof.
IX. STATEMENT OF CONTRIBUTIONS & EXPENDITURES (Sec. 14 of
RA 7166):
a) Every candidate and treasurer of the political party shall, within thirty
(30) days after the day of the election, file in duplicate with the offices
of the Commission the full, true and itemized statement of all
contributions and expenditures in connection with the election.
b) No person elected to any public offices shall enter upon the duties of
his office until he has filed the statement of contributions and
expenditures herein required.
c) The same prohibition shall apply if the political party which nominated
the winning candidate fails to file the statement required herein within
the period prescribed by this Act.
d) Except candidates for elective barangay office, failure to file the
statements or reports in connection with electoral contributions and
expenditures are required herein shall constitute an administrative
offense for which the offenders shall be liable to pay an
administrative fine ranging from One thousand pesos (P1,000.00) to
Thirty thousand pesos (P30,000.00), in the discretion of the
Commission.
e) The fine shall be paid within thirty (30) days from receipt of notice of
such failure; otherwise, it shall be enforceable by a writ of execution
issued by the Commission against the properties of the offender.
f) It shall be the duty of every city or municipal election registrar to advise
in writing, by personal delivery or registered mail, within five (5) days
from the date of election all candidates residing in his jurisdiction to
comply with their obligation to file their statements of contributions
and expenditures.
g) For the commission of a second or subsequent offense under this
section, the administrative fine shall be from Two thousand pesos
(P2,000.00) to Sixty thousand pesos (P60,000.00), in the discretion
of the Commission. In addition, the offender shall be subject to
perpetual disqualification to hold public office.

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LAW ON ELECTIONS (AGPALO)

CHAPTER ONE: INTRODUCTORY

LAW ON ELECTIONS (AGPALO)

Article IX-C of the Constitution, provides:

Agpalo commentary on Article IX-C, provides:

Powers in accordance with law decide on questions re: number a

On political parties Powers include:

Exclusive authority granted by the Supreme Court to investigate an

Sec. 26 of RA 6646 power and authority to issue subpoena and gran

Contempt, punishable only when COMELEC is in its judicial or quasi

LAW ON ELECTIONS (AGPALO)

To recommend administrative disciplinary sanctions against any offi

To acts as national board of canvassers for senators Sec. 2 of EO

To issue rules and regulations as empowered by Section 6, Art. IX-A

Procedural matters; General Rule:

Exceptions to the rule:

Original Jurisdiction RTC (general): municipal officials, & MTC (limite

Sec. 6 of RA 6646 Before election: COMELEC shall continue to hear an

Petitions for review to Supreme Court on certiorari under Rules 64 a

LAW ON ELECTIONS (AGPALO)

Decisions, final orders, or rulings of the Commission on election conte

Commission exercises power of direct and immediate supervision a

CHAPTER THREE: ELIGIBILITY OF CANDIDATES

1. Natural-born citizen of the PH

! No Congressman shall serve for more than three

! In case of a representative of the agricultural

LAW ON ELECTIONS (AGPALO)

IV. Local officials

a. Governor, vicegovernor, or member

5. At least 25 years of age on the day of the election

Natural-born citizens citizens of the Philippines

1. Must be at least 18 years of age on election day

RA 9225: Citizenship Retention and Re-Acquisitio

1. Must be at least 15-21 years of age on election day

2. Removed from office due to an administrative case

Foreign parental citizens which countries follow the

Alien fathers countrys law where such children

Those who marry aliens whose laws shall consider

! In the case of a member of the sangunniang pan

I. Citizens of the Philippines:

1. Must be at least 21 years of age on election day

1. Sentenced by final judgment for an offense involving moral

of 25, he shall be entitled to continue in office unti

5. Fugitives from justice in criminal or nonpolitical cases here or

Animus manendi intention to remain

Physical presence in a fixed place

Residence or bodily presence in the new locality

Intention to remain there for an indefinite period of time

Intention to abandon the old domicile (animus revertendi)

LAW ON ELECTIONS (AGPALO)

Substitution of candidacy (Sec. 77 of this Code):

3. Circumstance of a withdrawal of certificate, if any.

Effectivity of written declaration is upon its submission to the

When can he withdraw:

Effect: Waiver of his candidacy

After the period of filing a COC

LAW ON ELECTIONS (AGPALO)

KINDS OF ELECTION DISPUTES

disputes filed against the erring candidate before the election.

D. Petition to Declare Nuisance Candidates

Refers to certain acts committed or being suffered by

(a) given money or other material consideration to

(b) committed acts of terrorism to enhance his

(c) spent in his election campaign an amount in