COURSE OUTLINE FOR ELECTIONLAW.

First Semester 2015-2016 SY

Continuation
By ATTY. ROBERTO A. DEMIGILLO
Textbook :Election Law (H. de Leon)
I.
II.
III.

General principles
Meaning and nature of suffrage
Constitutional provisions and laws on Suffrage.
Article V, 1987 Constitution
Batas PambansaBlg. 881 (Omnibus Election Code)
EO No. 157 March 30, 1987 Absentee Voting by Govt. officers and
employees
RA No. 6646 Electoral Reform Law of 1887
RA No. 6735 System of Initiative and Referendum
RA No. 7166 Synchronized National and Local Elections (amended by
RA No. 9369
RA No. 8189 General Registration of Voters ; System of Continuing
Registration
RA No. 8436 ( as amended) - Automated Election System Act
RA No. 9006 - Fair election Act.
RA No. 9189 Overseas Absentee Voting
a. Election
Plebiscite (Art. X, Sec. 10, 11, 18, Constitution)Referendum (Art. Art. VI,
Sec 32, Constitution; RA No. 7160, Section 126)
Initiative (Art VI, Sec 32; RA No. 6735)
Recall (Art X, Sec 3; RA No. 7160, Secs 69-75)
Cases :Pungutan v. Abubakar, 43 SCRA 1
Carlos v. Angeles, 346 SCRA 571
SBMA v. Comelec, 262 SCRA 492

IV.

Commission on Elections
a) Composition
b) Qualifications of members
c) Appointment and Terms
d) Disabilities
e) Powers and functions of the Commission
- Enforce and administer laws on conduct of elections
- Decide election contests
- Decide all questions affecting elections
- Deputize law enforcement agencies
- Register political parties and accredit its citizens arms
- File petitions, investigate and prosecute
- Recommend measures to improve election laws
- Recommend removal or disciplinary action
- Submit report
- Power to punish contempt
- Finality of decisions (Municipal and barangay officials;
Regional, provincial, city officials)
- Hear and decide election contests
- Regulation of public entities and media
- Pardon of violators of election laws
- Election and campaign periods

Cases : Fermin v. Comelec, 522 SCRA 796

Kilosbayan v. Comelec, 23 SCRA 1374
Mastura v. Comelec, 285 SCRA 493
Demafiles v. Comelec, 21 SCRA 1462
Albano v. Arranz 4 SCRA 386
Aratuc v. Comelec, 88 SCRA 251
Javier v. Comelec, 13 SCRA 156
Javier v. Comelec, 144 SCRA 194
Veloria v. Comelec, 211 SCRA 907
Atienza v. Comelec, 612 SCRA 716
Sahali v. Comelec, 324 SCRA 510
Dino v. Olivarez, 607 SCRA 251
Salva v. Makalintal, 340 SCRA 506
Chaves v. Comelec, 211 SCRA 315
V.

Requirements before Election

Registration of Voters
- Inclusion, exclusion and correction of names of voters
Judicial proceedings, Petition, Verification,
- Qualifications of a voter
Citizenship, Age, Residence
Cases:Akbayan Youth v. Comelec, 355 SCRA 318
Velasco v. Comelec, 575 SCRA 590
Domino v. Comelec, 310 SCRA 546
Gayo v. Verceles, 452 SCRA 504
Romualdez v. Comelec , 248 SCRA 300
Aquino v. Comelec, 248 SCRA 400
Precincts and polling places
Certificate of candidacy
Cases :Sarangani v. Comelec, 334 SCRA 379
Lanot v. Comelec, 507 SCRA 114
Peniera v. Comelec, 605 SCRA 574 November 25, 2009
Coquilla v. Comelec, GR. No. 151914, July 31, 2002
Bagatsing v. Comelec, 320 SCRA 817
Loreto v. Brion, 311 SCRA 694
Sunga v. Comelec, 288 SCRA 76
VI.

Election Campaign and Expenditures

Campaign and Election propaganda
- Election surveys
- Equal access to media time and space
Electoral Contribution and Expenditures
Political Parties
See Omnibus Election Code (BP Blg. 881); RA No. 7166
Cases : NPC v. Comelec, 207 SCRA 1
Adiong v. Comelec, 207 SCRA 712
Osmena v. Comelec, 288 SCRA 447
Pilar v. Comelec, 245 SCRA 750
Liberal Party v. Comelec, 620 SCRA 313
Atienza v. Comelec, 612 SCRA 761
AngBagongBayani OFW Labor Party v. Comelec, 359 SCRA 698

VII. The Election

a.
b.
c.
d.

Preliminary ; a) general, b) regular and c) special elections

Casting of Votes
Counting of Votes
Canvass and Proclamation
- Board of Canvassers
- Canvass
- Recount of votes
- Proclamation by the Board
- National Board of Canvassers - Congress
e. Automated Election (RA No. 8436 as amended by RA 9369)
f. Contested Election
- Pre-proclamation controversy
- Jurisdiction of Comelec over election contests
- Issues that may be raised in pre-proclamation controversies
- Distinction between action for declaration of failure of election
and pre-proclamation controversy
g. Election Offenses
-

Vote buying; vote selling

Threats, intimidation, terrorism, use of fraudulent device,
Use of public funds; construction of public works
Release, disbursement or expenditure of public funds
Jurisdiction of courts

Cases :Macabago v. Comelec, 336 SCRA 701

Batabor v. Comelec, 434 SCRA 630
Pasandalan v. Comelec, 382 SCRA 695
Mitmug v. Comelec, 230 SCRA 54
ABS-CBN Broadcasting v. Comelec, 323 SCRA 811
Tajanlangit v. Cazenas, 5 SCRA 567
Villarosa v. HRET, 340 SCRA 396
Ututalum v. Comelec, 181 SCRA 335
Sinsuat v. Comelec, 492 SCRA 391