You are on page 1of 14

E L E C T I O N L AW

1

REVIEWER &
MEMORY AID
Election
 Embodiment of the popular will, the expression of the sovereign power of the people.
Components







Choice or selection of candidates to public office by popular vote
Conduct of the polls
Listing of votes
Holding of Electoral campaign
Act of casting and receiving the ballots from the voters
Counting the ballots
Making the election returns
Proclaiming the winning candidates

Regular election – refers to an election participated in by those who possess the right of
suffrage and not disqualified by law and who are registered voters
Special election – when there is failure of election on the scheduled date of regular election in
a particular place or which is conducted to fill up certain vacancies, as
provided by law (ex. To fill in vacancy in office before the expiration of the
term for which incumbent was elected)
Political Parties
Definition (Omnibus Election Code)
An organized group of persons pursuing the same ideology, political ideas or platforms
of government including its branches and divisions.
Types of Political Parties
1) Registered Parties:
a. Dominant Majority Party – usually the administration party; entitled to a copy of election
return
b. Dominant Minority Party – entitled to a copy of election return
c. Majority Political Party
d. Top 3 Political Parties – entitled to appoint principal watcher and a copy of the certificate
of canvass
e. Bottom 3 political parties – entitled to appoint principal watcher
2) Non-registered parties
Criteria to Determine the Type of Political Party
a. Established Record of the said parties, showing in past elections
b. Number of Incumbent Elective Officials
c. Identifiable political organizations and strengths

Based on certain illegal acts (Vote buying) Acquisition of Juridical Personality It is acquired upon registration with the COMELEC. dual allegiance) 2. No person shall be elected into public office unless he files his certificate of candidacy within the prescribed period 2. Violation of sec 78 which is material misrepresentation of requirements under sec. Grounds for disqualification 1.5 Fugitives from justice in criminal or non-political cases here or abroad 2. an individual becomes a candidate. he shall not be eligible for all unless he cancels all and retains one 3.E L E C T I O N L AW 2 REVIEWER & MEMORY AID d. Election offenses under Sec 68 of the Omnibus Election Code (OEC) 2.6 Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right 2. fails to obtain at least 10% of the votes cast in the constituency in which it nominated and supported a candidate/s in the election next following its registration. restrictions and processes involving candidates. Violation of sec 73 of OEC with regard to certificate of candidacy 5.7 Insane or feeble-minded 3. Illegal voters ( Not Registered / Using the name of another / disqualified ) b.4 Dual citizenship ( more specifically. Nuisance candidate 4. Ability to fill a complete slate of candidates e. he is already covered by rules. Forfeiture of Status as a Registered Political Party The status shall be deemed forfeited if the political party. The certificate of candidacy shall be filed by the candidate personally or by his duly authorized representative.1 Sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one year or more of imprisonment within two years after serving sentence 2. 74 * Disqualifications (from continuing as a candidate or from holding the office if already elected): . Not possessing qualifications and possessing disqualifications under the Local Government Code 2. If he/she files for more than one position. No person shall be eligible for more than one office. There shall be notice and hearing.3 Convicted by final judgment for violating the oath of allegiance to the Republic 2.2 Removed from office as a result of an administrative case 2. Candidates Rules on filing of certificates of candidacy 1. Other analogous circumstances Grounds for Challenging the Voter a. singly or in coalition with others. 4. Upon filing.

Solicited. 83. 85. Committed acts of terrorism to enhance his candidacy C. If the candidate is not disqualified by final judgment before the election and receives the highest number of votes in the election. the court or COMELEC will continue with the trial and hearing of the action. 2. B. Power of COMELEC 1. Given money or other material consideration to influence. B. after due notice and hearing. induce or corrupt the voters or public officials performing electoral functions.261 F. The votes cast in his favor shall not be counted. To cause confusion among the voters by the similarity of the names of the registered candidates C. the court or COMELEC may order the suspension of the proclamation of the candidate whenever the evidence of his guilt is strong. The petition should be filed not later than 25 days from the filing of the certificate of candidacy. Any candidate who has been declared by final judgment to be disqualified shall NOT be voted for. . There should be a showing that: A. Spent in his election campaign an amount in excess of that allowed by the Omnibus Election Code D. This can be done motu proprio or upon verified petition of an interested party. who in an action or protest in which he is a party is declared by final decision of a competent court guilty of. received or made any contribution prohibited under this Code E. Nuisance candidates A. The term refers to candidates who have no bona fide intention to run for the office for which the certificate of candidacy has been filed and would thus prevent a faithful determination of the true will of the people. Violated any of the following sections: Section 80.86. Permanent resident of or an immigrant to a foreign country shall not be qualified to run for any elective office UNLESS he/she has waived his/her status as a permanent resident/immigrant of a foreign country in accordance with the residence requirement provided for under election laws. or is found by the Commission of having: A. C.E L E C T I O N L AW 3 REVIEWER & MEMORY AID Any candidate. inquiry or protest. Petition to deny due course to or to cancel a certificate of candidacy A. Other circumstances which clearly demonstrate that the candidate has no bona fide intention to run for the office…. It should be decided not later than 15 days before the election. B. Effect of a Disqualification case (under RA 6646) A. Exclusive ground: A material representation in the certificate of candidacy is false. Certificate of candidacy has been filed to put the election process in mockery/disrepute or B. May refuse to give due course to or cancel a certificate of candidacy of a nuisance candidate. Upon motion of the complainant or intervenor. B.

clubs. announcements or commentaries or holding interviews for or against the election of any candidate for public office. aggroupment. associations. or coalition of parties. Holding political caucuses. committees or other groups of persons for the purpose of soliciting votes and/or undertaking any campaign for or against a candidate. E. 12’ 16’). whether national or local.E L E C T I O N L AW 4 REVIEWER & MEMORY AID Election Campaign/Partisan Political Activity  Definition 1) It refers to an act designed to promote the election or defeat of a particular candidate/s to a public office 2) It includes: A. rallies. Forming organizations. parades or other similar assemblies for the purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate. Directly or indirectly soliciting votes. 2) Lifting of the Political Ad Ban – Written and Printed Materials (8. pledges or support for or against a candidate. RA 9006 – FAIR ELECTION ACT Important Features: 1) Repeal of Sec. Making speeches. D. Publishing or distributing campaign literature or materials designed to support or oppose the election of any candidate. B. running for any office other than the one which he is holding in a permanent capacity shall not be considered ipso facto resigned from his office upon the filing of his certificate of candidacy.If the acts are performed for the purpose of enhancing the chances of aspirants for nomination for candidacy to a public office by a political party.5” W x 14L”) Letters Posters (2’ x 3’) in common-private poster areas ( not more than 10 public places per political party or independent candidate. conferences. C. any ELECTIVE official. private places and public places Rally streamers (3’ x 8’) NOT MORE THAN 2 Paid Advertisements at Discounted Rates Print: 1/4th page in broadsheet and ½ page in tabloid 3x a week Television: 120 minutes for candidate for nationally elective office and 60 for local . 3) When the acts enumerated above are NOT considered an election campaign/partisan political activity . meetings. 67 of the OEC – Now.

. because 8189 (7) provides for such only for the May ’98 elections Q: What kind of registration system do we have? A: Continuing. C. Resided in the city/municipality wherein he proposes to vote for at least 6 months immediately preceding the election. He /she should have resided in the Philippines for one year and 2. any person disqualified to vote shall automatically reacquire the right to vote upon expiration of 5 years after service of sentence. However. Computerized and Permanent Disqualifications A. D. Residence Requirement If the transfer of residence is due to any of the following reasons. navy or air force. Transfer solely because of occupation. B. profession.  Residence 1. E.E L E C T I O N L AW 5 REVIEWER & MEMORY AID Radio: 180 minutes for candidate for nationally elective office and 90 for local COMELEC free space (3 national newspaper for nationally elective officials and 1 national newspaper for local) and airtime (3 national television networks for nationally elective officials and 1 station for local): equal allocation for all candidates for 3 calendar days Authorized Expenses (multiplied with the total number of registered voters)  P 10 for president / vice president  P 3 for other candidates for every voter currently registered in the constituency  P 5 for independent candidates and political parties Voters Qualifications  Age: 18 years old and over. If sentenced by final judgment to suffer imprisonment for not less than 1 year and such disability was not removed by plenary pardon or has not been granted amnesty. the person concerned will be deemed NOT to have lost his original residence: A. employment in private or public service Educational activities Work in military or naval reservations Service in the army. national police force Confinement/detention in government institutions in accordance with law * RA 8189 – VOTER”S REGISTRATION ACT OF 1996 Q: Can there still be general registration of voters? A: No more.

C.E L E C T I O N L AW 6 REVIEWER & MEMORY AID B. stating grounds. proof of notice of hearing Deactivation means removing the registration records of persons from the precinct book of voters and place the same. Insane or incompetent persons as declared by competent authority. impersonation. force. not prepared in accordance with law or prepared through fraud. Note: Relate this to Article IX of the Constitution which provides that the COMELEC has no jurisdiction over questions involving the right to vote. any similar irregularity or which contains data that are statistically improbable Cannot be done within 90 days before election . E. notice and hearing. RTC will decide the appeal within 10 days. in the inactive file after entering the cause of deactivation. he shall regain his right to vote automatically upon expiration of 5 years after service of sentence. Petition filed at any time except 105 days before regular election or 75 days before special election B. D. 2. Decision is final and executory. Jurisdiction in Inclusion/Exclusion cases A. forgery. Exclusion is through sworn petition and not later than 100 days before regular election. How is reactivation of registration effected? Sworn application for reactivation Affidavit Not later than 120 days before regular election and 90 days before special election Annulment of Book of Voters is through verified petition. 65 days before special election Grounds when the List of Voters will be altered:       Deactivation/ Reactivation Exclusion/ Inclusion Cancellation of Registration in case of Death New voters Annulment of Book of Voters Transfer of Residence How is challenge to right to register effected? Who – any voter. UNLESS restored to his full civil and political rights in accordance with law. candidate. political party representative How – in writing. Decisions may be appealed to the RTC within 5 days from receipt of notice of decision. Any person who has been adjudged by final judgment by competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government such as rebellion or any crime against national security: 1. C. bribery. intimidation. properly marked and dated in indelible ink. under oath. The municipal and metropolitan trial courts shall have original and exclusive jurisdiction over all matters of inclusion and exclusion of voters from the list in their respective municipalities or cities. However.

orderly and honest election in any political subdivision COMELEC can postpone the election (when decided by a majority vote of the COMELEC sitting en banc. It should not be later than 30 days after the cessation of the cause for such postponement or suspension of the election or failure to elect.E L E C T I O N L AW 7 REVIEWER & MEMORY AID Postponement of Election Causes      Violence Terrorism Loss or destruction of election paraphernalia/records Force majeure Other analogous causes Effect It is impossible to hold a free. suspended. The election should be held not later than 30 days after . or which resulted in a failure to elect. Effects of above causes A. the causes for the declaration of the failure of election may occur before or after the casting of votes or on the day of the election. Elections results in a failure to elect (after the voting and during the preparation and transmission of the election returns or in the custody or canvass thereof) AND the failure or suspension of the election would affect the result of the election Remedy COMELEC can call for the holding or continuation of the election not held. Upon a verified petition by any interested party. suspended. Election was suspended before the hour fixed by law for the closing of the voting C. RA 7166): A. Failure of Election Causes      Force majeure Violence Terrorism Fraud Other analogous causes Under RA 7166. Election in any polling place was not held on the date fixed. Motu proprio B. B. or which resulted in a failure to elect. after due notice and hearing Date of new election The date of the postponed election should be reasonably close to the date of the election not held.

according to the Veterans Federation Case The 5 major political parties are now entitled to participate in the party list system Parties receiving at least 2% of the total votes cast for the party-list system shall be entitled to one seat each No party shall be entitled to more than 3 seats Currently. RA 7941 – Party-List System Act  Seeks to promote proportional representation  Any party already registered need not register anew. Grounds for refusing or canceling registration of Party-Lists groups a. sitting en banc. Receives foreign support e. Q: May political parties participate in the party-list elections? . organization b. Religious sect or denomination. by a majority vote of its members. Violates election law f.80) x 0. This is decided by the COMELEC. File manifestation not later than 90 days before election. Untruthful statements in its petition g.20 = # of party list reps       There are presently 208 legislative districts.E L E C T I O N L AW 8 REVIEWER & MEMORY AID the cessation of the cause of the postponement or suspension of the election or failure to elect. Failed to participate in the last two preceding elections or fails to obtain at least 2% of the votes cast under the party-list system in the 2 preceding elections for the constituency in which it has registered Nomination of party-list reps should not include any candidate for any elective office or a person who has lost his bid for an elective office in the immediately preceding election Incumbent sectoral representatives in the House of Representatives who are nominated in the party-list system shall not be considered resigned Party List Reps constitute 20% of the total number of the members of the House of Reps including those under the party-list How do we determine the number of party list seats in the House of Reps? (# of District Reps / 0. But this is only a ceiling. Advocates violence c. A list with 5 names should be submitted to COMELEC as to who will represent the party in the Congress. Ranking in the list submitted determines who shall represent party or organization. Ceased to exist for at least one year h. there are 260 (208/0. So 20 % of 260 is 52 seats.80) seats. Foreign party or organization d.

147589 26 June 2001). The canvassed election returns are incomplete. 234) 3. 235) 4. The returns involved will affect the results and the integrity of the ballot box has been preserved Issues that may be raised in a pre-proclamation controversy A. Discrepancies in election returns (Sec. G.233) 2. receipt. provided that the political parties themselves represent the marginalized and under represented sectors. 236) C. COMELEC. Illegal composition or proceedings of the board of canvassers B. 235. It would also refer to any matter raised under Sections 233. parties and organizations. transmission. . or contain discrepancies in the same returns or in authentic copies thereof. (Sec. B. appear to be tampered with or falsified. custody. and appreciation of the election returns. as when a majority or all of the members do not hold legal appointments or are in fact usurpers  Issue involves the correction of manifest errors in the tabulation or tallying of the results during the canvassing Recount There can be a recount under the grounds of 234-236. consider locality or literacy rate Rule 211 of the OEC Incumbency / Surname Cannot ascertain – STRAY VOTE Pre-Proclamation Controversies Definition A.E L E C T I O N L AW 9 REVIEWER & MEMORY AID A: Yes. Rules for Appreciation of Ballots      Liberal Construction in favor of the validity of the ballot Look at the ticket slate. When election returns appear to be tampered with or falsified. 234. A pre-proclamation controversy refers to any question pertaining to or affecting the proceedings of the board of canvassers which may be raised by any candidate or by any registered political party or coalition of political parties before the board or directly with the COMELEC. Material defects in the election returns (Sec. (Ang Bagong Bayani-OFW Labor Party v. When election returns are delayed. contain material defects. No. Those that can be filed with COMELEC directly are the ff:  Issue involves the illegal composition or proceedings of the board of canvassers. R. and 236 of the Omnibus Election Code in relation to the preparation. lost or destroyed (Sec. (Board of canvassers have original jurisdiction while COMELEC have appellate jurisdiction) 1.

Its decision shall be executory after the lapse of 5 days from receipt by the losing party of the decision. or not authentic. Pre-proclamation controversies shall be heard summarily by the COMELEC. receipt. D. receipt. Effect of filing petition to annul or suspend proclamation It suspends the running of the period within which to file an election protest or quo warranto proceeding. coercion. This is without prejudice to the filing of a regular election protest by the aggrieved party. The election returns were prepared under duress. or intimidation. should be brought in the first instance before the board of canvassers only. Contested composition or proceedings of the board (under RA 7166) It may be initiated in the board or directly with COMELEC. threats. custody and appreciation of the election returns or the certificates of canvass NOT allowed in elections for: (under RA 7166)  President  Vice-President  Senator  Member of the House of Representatives BUT: The appropriate canvassing body motu propio or upon written complaint of an interested person can correct manifest errors in the certificate of canvass or election returns before it. HOWEVER: Proceedings MAY CONTINUE if: . Summary nature of pre-proclamation controversy A. When substitute or fraudulent returns in controverted polling places were canvassed. and certificate of canvass. unless restrained by the SC. transmission. All pre-proclamation cases pending before the COMELEC shall be deemed terminated at the beginning of the term of the office involved and the rulings of the boards of canvassers concerned deemed affirmed. B. Procedure A. or they are obviously manufactured. transmission. C. When not allowed Pre-proclamation cases on matters relating to the preparation. B. custody and appreciation of the election returns. BUT: Questions affecting the composition or proceedings of the board of canvassers may be initiated in the board or directly with COMELEC. When pre-proclamation cases are deemed TERMINATED (RA 7166) A. the results of which materially affected the standing of the aggrieved candidate/s. B.E L E C T I O N L AW 10 REVIEWER & MEMORY AID C. Contested election returns (under RA 7166) Matters relating to the preparation.

18. The COMELEC determines that the petition is meritorious and issues an order for the proceedings to continue or 2.1991) Distinctions between Pre-Proclamation Controversy and Election Contest 1) Dividing line: Proclamation of a candidate 2) Jurisdiction A. Final COMELEC Decisions Provision that decisions. Election Contest Original Jurisdiction COMELEC has ORIGINAL jurisdiction over contests relating to the elections. The Supreme Court issues an order for the proceedings to continue in a petition for certiorari. COMELEC. final orders.The jurisdiction of COMELEC is administrative/quasi-judicial 2.The jurisdiction of COMELEC is judicial 2.It is governed by the requirements of judicial process 3) In some cases.E L E C T I O N L AW 11 REVIEWER & MEMORY AID 1. executory and not appealable: A. This only applies to questions of FACT. It does NOT preclude a special civil action of certiorari. it ceases to be a pre-proclamation controversy and becomes an election contest cognizable by the RTC. 184 SCRA 484) B. Jan. . and qualifications of all elective:  Regional  Provincial  City officials Appellate Jurisdiction COMELEC has APPELLATE jurisdiction over all contests involving: A. COMELEC. (Galido v. Elective BARANGAY officials decided by trial courts of LIMITED jurisdiction Who can file a petition contesting the election Any candidate who has duly filed a certificate of candidacy and has been voted for the same office Purpose of an election contest The defeated candidate seeks to oust the proclaimed winner and claims the seat. Pre-proclamation controversy 1. rulings of the Commission on Election contests involving municipal and barangay offices are final. even if the case (involving municipal officials) began with the COMELEC before proclamation but a proclamation is made before the controversy is resolved. Elective MUNICIPAL officials decided by trial courts of GENERAL jurisdiction B. Election contest 1.It is governed by the requirements of administrative due process B. returns. (Flores v.

Covered acts 1. Relate to the provision in RA 7166 allowing preproclamation controversy proceedings to continue even after a proclamation has been made. valuable consideration or other expenditure by a candidate relatives. campaign or vote for or against a candidate or aspirant for the nomination or selection of candidates. intimidating or compelling or influencing. directly or indirectly. Disputable presumption of conspiracy: Proof that at least one voter in different precincts representing at least 20% of the total precincts in any municipality. Election Offenses ( Selected Offenses) Vote buying and vote-selling A. promised or given money. in some cases. corporation.Soliciting or receiving. . Presentation of a complaint supported by affidavits of complaining witnesses attesting to the offer or promise by or the voters acceptance of money or other consideration from the relatives. 2. members. city or province to which the public office aspired for by the favored candidate relate. Making or offer to make any expenditure. any expenditure or promise of any office or employment. leaders and/or sympathizers for the purpose of promoting the election of such candidate. officer of a public/private corporation/association 3. Coercing. leaders or sympathizers of a candidate is sufficient basis for an investigation by the COMELEC. any subordinates. in any manner. offer or promise money or anything of value 2. directly or through its duly authorized legal officers. overseers. To induce anyone or the public in general to vote for or against any candidate or withhold his vote in the election. tillers or lease holders to aid. association. employer/landowner B. city or province has been offered. heads/superior/administrator of any religious organization 4. directly or indirectly. This will constitute a disputable presumption of the involvement of such candidate and of his principal campaign managers in each of the municipalities concerned in the conspiracy Coercion of a subordinate A. farm helpers. tenants. entity or community 3. Disputable presumption of involvement Proof affects at least 20% of the precincts of the municipality. parishioners or employees or house helpers. Prohibited acts 1. To vote for or against any aspirant for the nomination or choice of a candidate in a convention or similar selection C. public officer 2. Purpose of acts 1.Give. or 2. public or private B. or cause expenditure to be made to any person. Who can be held liable 1.E L E C T I O N L AW 12 REVIEWER & MEMORY AID 4) However. Under RA 6646 (Prosecution of vote-buying/selling) 1. 3. the SC has recognized the jurisdiction of COMELEC over municipal cases even after proclamation.

Who can be held liable: Any public official or employee including barangay officials and those of GOCCs/subsidiaries B. 30 days before a special election D. Prohibition against release. 5. 45 days before a regular election 2. Who can be held liable: Any head/official/appointing officer of a government office. remuneration or privilege to any government official or employee. C. disbursement or expenditure of public funds A.E L E C T I O N L AW 13 REVIEWER & MEMORY AID 2. including GOCCs. or by negotiated contract awarded before the 45 day period before election 3. 30 days before a special election D. In case of urgent need. Appointing or hiring a new employee (provisional. Ongoing public work projects commenced before the campaign period or similar projects under foreign agreements. Exceptions 1. disbursement or expenditure of public funds for any and other kinds of public works C. work undertaken by contract through public bidding. Prohibited acts 1. Dismissing or threatening to dismiss. Prohibited acts: The release. Period when acts are prohibited 1. Period when acts are prohibited: 1. 4. 45 days before a regular election 2. Creating or filling any new position 3. 2. wage or compensation or by demotion. a new employee may be appointed. Exception 1. Appointment of new employees. creation of new position. suspension etc. Upon prior authority of COMELEC if it is satisfied that the position to be filled is essential to the proper functioning of the office/agency concerned AND that the position is not filled in a manner that may influence the election 2. temporary or casual) 2. . maintenance of existing/completed public works project. agency or instrumentality. specifications and other procedures preparatory to actual construction including the purchase of material and equipment and incidental expenses for wages. Emergency work necessitated by the occurrence of a public calamity but such work shall be limited to the restoration of the damaged facility. whether national or local. B. transfer. Notice of appointment should be given to COMELEC within 3 days from appointment. promotion or giving salary increases A. Promoting/giving an increase in salary. punishing or threatening to punish by reducing salary. payment for the usual cooperation for working drawings.

candidate or political party (committed by the Chairman of the board of canvassers) F. before delivering the ballot to the voter. city. Suspension is for the purpose of applying the Anti-Graft and Corrupt Practices Act In relation to registration of voters/voting  Unjustifiable refusal to register and vote  Voting more than once in the same election/voting when not a registered voter  Voting in substitution for another with or without the latter’s knowledge and/or consent etc. MTC/MCTC have jurisdiction over offenses relating to failure to register or vote. Election offenses shall prescribe after 5 years from the date of their commission 2. Causing the printing of official ballots and election returns by printing establishments not on contract with COMELEC and printing establishments which undertakes unauthorized printing B. municipal or barangay officer A. A person who has been declared a nuisance candidate or is otherwise disqualified who continues to misrepresent himself as a candidate (Ex. (under RA 7166) Prescription of Election Offenses 1. in the presence of the voter. If the chairman of the BEI fails to affix his signature at the back of the official ballot. provincial.E L E C T I O N L AW 14 REVIEWER & MEMORY AID Suspension of elective. Refusing to issue the certificate of voters to the duly accredited watchers (committed by a member of the BEI) D. increasing or decreasing the votes received by a candidate or refusing after proper verification and hearing to credit the correct votes or deduct the tampered votes (committed by a member of the board of election inspectors) C. B. General rule: public official CANNOT suspend any of the officers enumerated above during the election period. by continuing to campaign) and any public officer or private individual who knowingly induces or abets such misrepresentation by commission or omission. the period of prescription shall commence on the date on which the judgment in such proceedings becomes final and executory Jurisdiction of courts A. Failure to give notice of meetings to other members of the board. Tampering. Exceptions 1. Other election offenses under RA 6646 A. RTC has exclusive original jurisdiction to try and decide any criminal action or proceedings for violation of the Code. G. With prior approval of COMELEC 2. Person who violated provisions against prohibited forms of election propaganda E. . If the discovery of the offense is made in an election contest proceeding. B.