I.

---------- DEFINITION ----------

SUFFRAGE the right to vote in the election of officers chosen by the people in the determination of
questions submitted to the people. It includes within its scope:

Election

Plebiscite The submission of constitutional amendments of important legislative measures to the people
for ratification.

Initiative The power of the people to propose amendments of important legislative measures to the
people for ratification.

Referendum The power of the electorate to approve or reject national or local legislation through an
election called for the purpose.

Recall The termination of official relationship of a local elective official for loss of confidence prior
to the expiration of his term through the will of the electorate.

ELECTION - the means by which the people choose their officials for a definite and fixed period and to
whom they entrust for the time being the exercise of the powers of government. Kinds:

Regular One provided by law for the election of officers either nationwide or in certain
subdivisions thereof, after the expiration of the term of the former officers.
Special One held to fill a vacancy before the expiration of the term for which the incumbent was
elected.

----------THEORY----------

Suffrage is both a Privilege and an Obligation.

------CONSTITUTIONAL MANDATE ON CONGRESS------

1. To provides a system for securing the secrecy and sanctity of the ballot and for absentee voting by
qualified Filipinos abroad.

Automated Election System (RA No. A system for securing the secrecy and sanctity of
8436) ballots.

Overseas Absentee Voting Act of 2001 Addressed the need for overseas Filipinos to be able
(RA No. 9189) to vote in the Philippine elections.

Sec 12, RA No. 7166 Members of ARMM, PNP and govt employees, who
are registered voters, shall be allowed to vote in the
place where they are temporarily assigned on the
election day.
2. To design a procedure for the disabled and the illiterate to vote without the assistance of other
persons.

Sec. 196, BP 881 A voter who is illiterate or physically unable to prepare the ballot by himself may be
assisted in the preparation of his ballot by a relative, by affinity or consanguinity within
the fourth civil degree; provided that no vote shall be allowed as such unless indicated
in his registration record; provided, that in no case shall an assistor assist more than
three times expect the members of the board of election inspectors.

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 3. Election Period
Sec. 9, Art IX-C, Constitution Unless otherwise fixed by COMELEC on special cases, the election
period shall commence 90 days before the day of the election and
shall end 30 days thereafter.

II.

-------THE COMMISSION ON ELECTIONS------

COMPOSITION: A Chairman and six (6) Commissioners

Qualifications: A natural born Filipino citizen;

At least 35 years of age;
Holder of any college degree;
Must not have been a candidate in the immediately preceding election;
Majority, Must be member of the Bar who have been engaged in the practice of law for at least
10 years.
Appointment: Appointed by the President with the consent for the Commission on Appointments for
a term of 7 years without reappointment.
Rotational The first appointees shall serve terms of seven, five and three years, respectively.
scheme:
The term of the first Commissioners should start on a common date;
On vacancy due to death, resignation or disability before the expiration of the term
shall be filled only for the unexpired balance of the term.
Decision: The commission shall decide by a majority vote of all its members within 60 days
from the date of its submission. (Sec.7, Art. IX-A)

DIVISION CASES:

1. All elections cases, including pre proclamation contests, originally cognizable by the Commission;
2. Petition to cancel Certificate of Candidacy;
3. Cases appealed from RTC and MTC;
4. A petition for certiorari from the decision of RTC or MTC.

EN BANC CASES:

1. A motion for reconsideration of a decision of a division;

2. A petition for correction of manifest errors, alleging an erroneous copying figures from the
election return to the Statement of Votes by precinct;
3. In violation of election laws;
4. When COMELEC exercises purely administrative functions.

RULES CONCERNING PLEADING AND PRACTICE BEFORE IT,

The Commission en banc may promulgate its own procedure in order to expedite disposition of
election cases, including proclamation cases (Sec. 3, ART. IX-C).

Limitations: 1. must not diminish, increase or modify substantive rights;

2. they shall remain effective unless disapproved by the Supreme Court;

3. designed to achieve correct and expeditious determination of the popular will of the
electorate. Demurer to evidence shall not apply to election cases;

4. has the power to liberally interpret or suspends its rules of procedure;

5. may suspend the reglementary periods prescribed in its Rules, or the requirement of
non-forum shopping certificate.

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REVIEW OF COMELEC DECISION BY SUPREME COURT

1. Only decisions en banc may be brought to the SC on certiorari (a special civil action Rule 64, in
relation to Rule 45 of the RoC);
2. Only decisions made in the exercise of the Commissions adjudicatory or quasi-judicial power;
3. In a petition for certiorari, the SC cannot tabulate the results reflected in the election returns; and
4. Notice and Letter on free speech coming from the COMELEC may be subjected for review.

CONSTITUTIONAL POWERS AND DUTIES OF COMELEC (Sec. 2, Art IX-C)

1) ENFORCE and ADMINISTER, all laws and regulations relative to the conduct of an election, plebiscite,
initiative, referendum or recall.

Broad Powers:

a. Includes the ascertainment of the identity of a political party and its legitimate officers;
b. Has the authority to annul the results of a plebiscite;
c. Has regulatory power over media of transportation, communication and information;
d. Gives favorable recommendations to the President before he shall grant pardon, amnesty, parole or
suspension of sentence for violation of election laws, rules and regulations;
e. To declare failure of election;
f. Cannot exercise the power of apportionment;
g. Cannot make an unofficial quick count of presidential election results;
h. Cannot deny due course or cancel certification of candidacy in due form without proper
proceedings;
i. Deny a petition for request for a special registration of voters by those who failed to register
within the prescribed period.

Power to Declare Failure of Election, may be declared where:

a. The election in any polling place had not been held on the date fixed on account of force majeure,
violence, terrorism, fraud or another analogous cases;
b. The election in any polling place has been suspended before the hour fixed by law for the closing
of the voting on the account of Fm - V - T - F - A; or
c. After the voting and during the preparation or transmission of the election returns or in the custody
or canvass thereof, such election results in a failure to elect on account of Fm V - T F A.

2)

Exclusive Original All contests relating to election, returns and qualifications of all elective
Jurisdiction regional, provincial and city of officials.
Has the authority to order technical examination or relevant election
paraphernalia, election returns and ballots
Exclusive Appellate All contests involving elective municipal officials decided by trial courts of
Jurisdiction general jurisdiction;
Involving elective barangay officials decided by trial courts of limited
jurisdiction.
Issues writs of certiorari, mandamus or prohibition
Decisions, final orders or rulings of the Commission on election contests involving elective municipal
and barangay officials shall be final, executory and not appealable.
2 different Appeal fees:

a. To be paid in the trial court together with the filing of the notice of appeal;
b. To be paid in the COMELECs Cash Division w/in 15days from the filing of the notice of appeal.

Execution pending appeal Dependent on:

- Strictly construed 1)The public interest involved; 2) the shortness of the
- Filed before the expiration of the remaining portion of the term; and 3) the length of the
time that the protest has been pending
period for appeal

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Power to cite for contempt
- Statutory power
- Exercised only when the COMELEC in engaged in the exercise of quasi-judicial powers.

3) DECIDE, save those involving the right to vote,

a. All questions affecting elections;
b. Determination of the number and location of polling places;
c. Appointment of election officials and inspectors; and
d. Registration of voters.

4) DEPUTIZE, with the concurrence of the President, law enforcement agencies and instrumentalities of
the Government, including Armed Forces of the Philippines, for the exclusive purpose of ensuring free,
orderly, honest peaceful and credible elections.
a. May recommend to the president the removal of any officer it has deputized;
b. Authority to conduct administrative inquiry of deputized official.

5) REGISTER, after sufficient publication, political parties, organizations and coalitions which must
present their platform or program of government; and accredit citizens arms of the COMELEC.

The Party List System Act (R.A. 7941)

A mechanism of proportional representation in the election of representatives to the House of
Representatives from national, regional and sectoral parties or organizations or coalitions thereof.
Party Either a political party or a sectoral party
Political Party An organized group of citizens advocating an ideology or platform, principles and
policies for the general conduct of the government which regularly nominates and
supports certain of its leaders and members as candidates for public office.
Must not field candidates in legislative district elections.
Sectoral Party An organized group of citizens belonging to any of the sectors whose principal
advocacy pertains to the special interest and concerns of their sector.
May either be marginalized and underrepresented or lacking in well-defined
political constituencies.

Grounds for cancellation of registration: R.A. 7941

a. It is a religious sect or denomination;
b. It advocates violence or unlawful means to seek its goal;
c. It is a foreign party or organization;
d. It is receiving support from any foreign government, political body, foundation or organization for
the partisan election purposes;
e. It violates or fails to comply with laws, rules or regulations relating to elections;
f. It declares untruthful statements in its petition;
g. It has ceased to exist to at least one year; and
h. It fails to participate in the last two preceding elections, or fails to obtain 2% of the votes cast
under the party system in two preceding elections for the constituency in which it was registered.
Four inviolable parameters:
a. The 20% allocation: the combined number of all party-list congressmen shall not exceed 20% of
the total membership in the House of Representatives;
b. The 2% threshold: only those parties garnering a minimum of 2% of the total valid votes cast for
the party-list system are qualified to have a seat in the House;
c. The three-seat limit: each party is entitled to a maximum of three seats;
d. Proportional representation: the additional seats which a qualified party is entitled to shall be
computed in proportional their total number of votes.

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Guidelines where a party-list may be entitled to a seat in the House of Rep.:
a. Must represent a marginalized and under-represented sectors;
b. Major political parties must comply with this statutory policy;
c. Must not be disqualified under RA 7941;
d. Must be able to contribute to the formulation and enactment of appropriate legislation for nation.
Three groups may participate in the party-list system:
a. National parties or organizations;
b. Regional parties or organizations; and
c. Sectoral parties or organizations.
Shall not be disqualified if some of their nominees are disqualified, provided that they have at least one
nominee who remains.

6) FILE, upon a verified complaint, or on its own initiative, petitions in case of inclusions and exclusions of
voters; investigate and, where appropriate, prosecute cases of violations of election laws, including
acts or omissions constituting election fraud, offenses and malpractices.

7) RECOMMEND, to 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 candidates.

8) SUBMIT, to the President and Congress a comprehensive report on the conduct of each election,
plebiscite, initiative, referendum and recall.

STATUTORY POWERS OF THE COMELEC (Sec. 52 and 57 of B.P. 881)

1. Exercise supervision and control over all officials required to perform election duties;
2. Promulgate rules and regulations;
3. Punish contempt;
4. Inquire to financial records of candidates;
5. Prescribe forms to be used in the elections;
6. Secure supplies and material needed for the election; and
7. Power to declare failure of election.

RESIDUAL POWER OF THE COMELEC

1. Conduct of special election- may conduct even beyond the deadline prescribed in law; the
COMELEC can fix other dates for the conduct of the special elections.

III.

-------VOTERS: QUALIFICATION AND REGISTRATION------

QUALIFICATIONS: Sec. 1, Art V, Constitution

1. At least 18 years of age;

2. Who have resided in the Philippines for at least one year; and
3. At least six months immediately preceding the elections.

DISQUALIFICATIONS: Sec. 118, B.P. 881

1. Sentenced by final judgement to suffer imprisonment of not less than one year; but right is
reacquired upon the expiration of 5 years after service thereof;
2. Adjudged by final judgment of having committed any crime involving disloyalty to the govt or
any crime against national security;
3. Insane or incompetent persons as declared by competent authority.

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VOTERS REGISTRATION ACT OF 1996 (R.A. 8189)

a. System of continuing registration the personal filing of application of registration of voters shall
be conducted daily in the office of the Election Officer during regular office hour, but no
registration shall be conducted during the election period starting 120 days before a
regular election and 90 days before a special election. (Sec. 8)
b. Disqualifications, same grounds under BP 881.
c. Election Registration Board, composed of election officer as chairman, the highest ranking public
school official and the civil registrar or, in his absence, the city or municipal treasurer.
d. Challenges to the right to register must be made under oath and heard. (Sec. 18)
e. Grounds for deactivation of registration, same as the grounds under BP 881. Additional grounds:
i. Failure to vote by two successive preceding regular elections;
ii. Loss of Filipino citizenship. (Sec. 27)
f. Reactivation of registration, the voter may file with the Election Officer a sworn statement for
reactivation of his registration in the form of the affidavit stating that the grounds for deactivation
no longer exist any time be not later than 120 days before a regular election and 90 days before a
special election. (Sec. 28)

INCLUSION AND EXCLUSION PROCEEDINGS

Municipal and Metropolitan Trial Courts

Jurisdiction Appealed to the Regional Trial Court within 10days from the notice thereof
No motion for reconsideration shall be entertained
Any person 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
this petition to include his name in the permanent list of voters.
Petition for Inclusion
105 days prior to a regular election or 75 days prior to a special election
Supported by a Certificate of Disapproval of his application and proof of service
of notice of his petition upon the Board
Any registered voter representative of a political party or Election officer may
file with the court a sworn petition for the exclusion of a voter form the
permanent list of voter
Petition for
Exclusion of a Voter At any time except 100 days prior to a regular election or 65 days prior to a
special election
Accompanied by proof of notice to the Board and to the challenged voter

IV.

------CANDIDATES; CERTIFICATES OF CANDIDACY------

DISQUALIFICATIONS

Sec. 12, BP 881 Declared as incompetent or insane by competent authority;

Sentenced by final judgment for subversion, insurrection rebellion or any
offense for which he has been sentenced to a penalty of more than 12(?)
months of imprisonment;
Sentenced by final judgment for a crime involving moral turpitude;
Any person who is a permanent resident of or an immigrant to a foreign
country; unless he has waived his status as such.

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 Sec. 40, RA 7160 Those sentenced by final judgment for an offense punishable by one year or
(Local Govt Code) more of imprisonment, and w/in two years after serving sentence
Applicable to Those removed from office as a result of an administrative case
candidates for Those convicted by final judgment for violating the oath of allegiance to the
elective local office Republic of the Philippines
only
Those with dual citizenship
Fugitives from justice in criminal and non-political cases here and abroad
Permanent residents in a foreign country or those who have acquired the right
to reside abroad
Those who are feebleminded
Sec. 68, BP 881: One who had given money or other material consideration to influence, induce
or corrupt the voters or public officials performing electoral functions
After having filed a
COC One who committed acts of terrorism to enhance his candidacy
One who spent in his election campaign an amount in excess of that allowed
by this Code
One who has violated the provisions of Sec. 261 (election offenses)
One who has solicited, received or made contributions prohibited under
Sections 89, 95, 97, 96, 104

CERTIFICATE OF CANDIDACY

Deadline for Filing COMELEC shall set the deadline (Sec. 15, RA 8436, as amended by RA 9369)

Effect of Filing COC Any person who files his COC shall be considered as a candidate at the start of
the campaign period

Lanot doctrine No candidate can be held liable for premature campaigning because he shall
be considered a candidate only at the start of the campaign period
Unlawful acts or omissions applicable to a candidate shall take effect only
upon the start of the aforesaid campaign period
Appointive public officials who filed shall be ipso facto resigned from their
appointive public office on the day of filing

Formal Defects Cannot be a sole ground for disqualification

Death, withdrawal Only a person belonging to and certified by the same political party may file a
or disqualification of COC for substitution (Sec. 77, BP 881)
a candidate

INSTANCES WHEN THE COMELEC MAY GO BEYOND THE FACE OF THE CERTIFICATE:

May motu proprio or upon verified petition, refuse to give due course or
cancel the COC
Nuisance Candidates
RA 6646 Put the election process in mockery or disrepute
Cause confusion among the voters by the similarity of the names of the
registered candidates
By other circumstances or acts which clearly demonstrate that the candidate
has no bona fide intention to run for the office
False Representation Refers to material matters in order to justify the cancellation of COC

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 Material Refers to qualifications for elective office, e.g. residency, age, citizenship, or
misrepresentation any other legal qualifications
File a Petition to deny due course or to cancel a COC under Sec. 78, BP 881

DISTINCTIONS BETWEEN A PETITION FOR DISQUALIFICATIONS AND A PETITION TO DENY DUE COURSE
TO A COC

Petition for Under Sec. 68 of the Omnibus Election Code

Disqualification
-A candidates possession of a permanent resident status in foreign country
hinged on either
-His commission of certain acts of disqualification
Person disqualified is merely prohibited to continue as a candidate
Effect
Shall not be voted for;
Sec. 6, RA 6646
Votes cast for him shall not be counted.

Petition to deny due Under Sec. 78 of the Omnibus Election Code

course or
Premised on the persons misrepresentation of any material qualifications
cancellation
required
Person in not treated as a candidate at all
Effect
Votes cast for are null and void

V.

------CAMPAIGN; ELECTION PROPAGANDA CONTRIBUTIONS AND EXPENSES------

Election campaign or Refers to an act designed to promote the election or defeat of a particular
Partisan political candidate or candidates to public office (Sec. 79, BP 881)
activity

Public rally Any political party or candidate shall notify the election registrar of any public
rally said political party or candidate intends to organize or hold, and within
seven days thereafter submit to the election registrar a statement of expenses
incurred in connection therewith (Sec. 88, BP 881)

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