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ELECTION

LAW

GENERAL PRINCIPLES

Sources of Philippine election law

The election laws of the Philippines arecontained in the following:

1987 Constitution BP 881 (Omnibus Election Code) RA 6646 (Electoral Reforms Law of 1987) RA 6679 (Barangay Elections) RA 6735 (Law Providing for Initiative and

Referendum) RA 7166 (1991 Synchronized Elections

Law) RA 7941 (Election of Party-List

Representatives) RA 8189 (Continuing Registration) RA 8436 (Automated Election System) RA 8524 RA 9006 (Fair Election Act of 2001)

THEORY OF POPULAR SOVEREIGNTY

Art. II, Sec. 1 1987 Constitution:

The Philippines is a democraticand republican state.Sovereignty resides in the peopleand all government authorityemanates from them.

A democratic and republican governmentderives all its powers, directly or indirectly, fromthe people at large. Its essence is indirect rule.Actual sovereignty is exercised by the people bymeans of suffrage.

Suffrage defined

Suffrage is the right and obligation of qualified citizens to vote:

(1) in the election of certain national andlocal officials, and

(2) in the decision of public questionssubmitted to the people.

It is a political right which enables everycitizen to participate in the process of governmentto assure that it derives it powers from the consentof the governed. It operates on the principle of "one man ( or one woman) , one vote."

Suffrage is not a natural right but aprivilege which may be given or withheld by thelawmaking power subject to constitutional

limitations. It is not necessarily an accompanimentof citizenship; it is granted only upon the fulfillmentof certain minimum conditions.

Object of suffrage

The object of the right of suffrage is toenable the people to choose their representative todischarge sovereign functions ( as in the case of elections), and to determine their will upon suchquestions submitted to them ( as in the case of

plebiscite, referendum, initiative and recall.) The

main object of suffrage is the continuity of government and the preservation and perpetuationof benefits.

Scope of suffrage

Suffrage encompasses the following:(1) Election

Election is the means by which the peoplechoose their officials for definite periods and towhom they entrust, for the time being as theirrepresentatives, the exercise of powers of government. It involves the choice of candidates topublic office by popular vote.

(2) PlebiscitePlebiscite is the submission of constitutional

amendments or important legislative measures tothe people for ratification.

(3) ReferendumReferendum is the power of the electorate to

approve or reject legislation through an electioncalled for the purpose. ( Sec. 2c, R.A. 6735) Itmay be of 2 classes, namely:

(a) Referendum on statutes, which refers to apetition to approve or reject an act or law,

or part thereof, passed by Congress; and(b) Referendum on local law which refers to a

petition to approve or reject a law,resolution or ordinance enacted by regionalassemblies and local legislative bodies

(4) Initiative

Initiative isthe power of the people to proposeamendments to the Constitution or to proposeand enact legislation through an election called

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for the purpose. ( Sec. 2a, R.A. 6735) Thereare 3 systems of initiative, namely:

(a) Initiative on the Constitution whichrefers to a petition proposingamendments to the Constitution;

(b) Initiative on statutes, which refers toa petition proposing to enact anational legislation;

(c) Initiative on local legislation whichrefers to a petition proposing toenact a regional, provincial, city,municipal or barangay law, resolutionor ordinance

Note thatin the case of Santiago v. COMELEC, theSupreme Court held that there is no lawyet that is sufficient enough for proposingamendments to the Constitution. R.A.6735 was deemed sufficient for statutoryamendments but not Constitutionalamendments.

(5) Recall

Recall isthe termination of official relationship of a localelective official for loss of confidence prior to theexpiration of his term through the will of theelectorate.

Who can exercise

Under Art. V, Sec. 1 of the 1987Constitution, the right of suffrage may be exercisedby all citizens of the Philippines who are:

(1) not otherwise disqualified by law,(2) at least 18 years of age, and(3) have resided in the Philippines for

at least 1 year, and in the placewherein they propose to vote for atleast 6 months immediatelypreceding the election.

The same provision provides that no literacy,property or other substantive requirement shall beimposed on the exercise of suffrage, and thatCongress may not add or alter the qualifications of voters under Art. V, Sec. 1 of the 1987Constitution. This specification is an impliedprohibition against interference on the part of Congress in the right of suffrage.

Congress, however, to a limited extent canregulate the right of suffrage by:

Defining the qualifications of voters

Regulating elections

Prescribing the form of officialballot

Providing for the manner of choosing candidates and thenames to be printed on the ballot

Regulating the manner of conducting elections

Suppressing whatever evilsincident to the election of publicofficers, pursuant to its duty tosecure the secrecy and sanctity of the ballots under Art. V, Sec. 2 of the 1987 Constitution.

What are the substantive requirements for the exercise of suffrage?

The only substantive requirements to exercisethe right to vote are:

(1) Citizenship(2) Age(3) Residency(4) Absence of disqualifications

Filipino citizenship

This may be by birth or naturalization.

Age

Must be at least 18 at the time of the election.

Residence

For the purposes of election law, residenceis synonymous with domicile. Art. 50 of the CivilCode provides that for the existence of civil rightsand the fulfillment of civil obligations, the domicile

of natural persons is the place of their habitualresidence. Domicile includes the twin elements of the fact of residing or physical presence in a fixedplace and animus manendi, or the intention of returning there permanently. ( Romualdez-Marcosv. COMELEC)

Every person is deemed to have hisdomicile somewhere, and when it has beenacquired, it will be deemed to continue until a newone has been acquired. Temporary absencesalthough frequent or long continued, will not, whilethe person has a continuous intention to return,deprive him of his domicile and right to vote.

Any person who temporarily resides inanother city, municipality or country solely byreason of his occupation, profession, employmentin private or public service, educational activities,work in the military or naval reservations within thePhilippines, service in the AFP, the PNP, orconfinement or detention in governmentinstitutions in accordance with law, shall not bedeemd to have lost his original residence. ( Sec. 9,R.A. 8189)

It is not necessary that a person shouldhave a house in order to establish his residence or

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domicile in a municipality. It is enough that heshould live there, provided that his stay isaccompanied by his intention to reside thereinpermanently.

Literacy requirements

The Constitution imposes no literacyrequirements; hence illiterates have the right tovote.

Property requirements

Neither does the Constitution impose anyproperty requirement since property ownership isnot a test of individual capacity. A propertyrequirement is not only inconsistent with theconcept of a republican government, but with thesocial justice principle of equal opportunity as well.

Formal education

Formal education is no guarantee for goodcitizenship or intelligent voting.

Sex

There is no adequate or justifiable basis fordepriving women of equal voting rights.

Taxpaying Ability

This is related to property requirement.

Romualdez-Marcos v. COMELEC (248SCRA 300)

It is the fact of residence, nota statement in the certificate of candidacywhich ought to be decisive in determiningwhether or not an individual has satisfiedthe Constitutions residency qualificationrequirement.

To successfully effect a changeof domicile, one must demonstrate: (1) anactual removal or an actual change of domicile; (2) a bona fide intention of abandoning the former place of residenceand establishing a new one; and, (3) actswhich correspond with the purpose.

Aquino v. COMELEC (248 SCRA 400)

Theplace where a party actually orconstructively has his permanent home,where he, no matter where he may befound at nay given time, eventually intendsto return and remain, i.e., his domicile, isthat to which the Constitution refers whenit speaks of residence for the purpose of election law. The purpose is to excludestrangers or newcomers unfamiliar with theconditions and needs of the community

from taking advantage of favorablecircumstances existing in that communityfor electoral gain.

Disqualifications

(1) Persons sentenced by final judgment tosuffer imprisonment for not less thanone (1) year. ( Note: he / she shall automatically re-acquire the right tovote upon the expiration of 5 yearsafter the service of sentence.)

(2) Persons adjudged by final judgment of having committed any crime involvingdisloyalty to the duly constitutedgovernment (e.g. rebellion, sedition,violation of the firearms law) or anycrime against national security. ( Note:he / she shall automatically re-acquirethe right to vote upon the expiration of

5 years after the service of sentence.)(3) Insane or incompetent persons as

declared by competent authority.

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THE COMELEC

Purpose

The purpose of the COMELEC is to protectthe sanctity of the ballot and to ensure the free and

honest express of the popular will.

To achieve this, the COMELEC was createdas an independent administrative tribunal, co-equalwith the other departments with respect to thepowers vested in it, and not under any of thebranches of Government. The intention is to placeit outside the influence of political parties and thecontrol of the legislative, executive, and judicialorgans of the government.

To preserve the independence of theCOMELEC, appointments or designations intemporary or acting capacities are not allowed.

Composition

The COMELEC is a 7-person bodyconsisting of a chairman and 6 commissioners. Themembers of the COMELEC must have the followingqualifications:

Natural born citizens At least 35 years old Holders of a college degree Must not have been candidates for

any elective position in theimmediately preceding elections

Majority of the members, includingthe chairman, should bemembers of the Bar who havebeen engaged in the practice of law for at least 10 years.

The chairman and the commissioners areto be appointed by the President with the consentof the Commission on Appointments.

The Commissioners serve for 7 yearswithout reappointment, under staggered terms of 2years internal: of 3 commissioners first appointed,3 shall hold office for 7 years, 2 for 5 years, andthe rest for 3 years. A member appointed to fill avacancy shall serve only for the unexpired term topreserve the staggered terms of office. Thestaggering of terms makes the COMELEC acontinuing and self-perpetuating body, andconsequently its members would have the benefitof the experience and expertise of the oldermembers in the performance of its functions.

The COMELEC Commissioners are subject to thesame disabilities imposed on the President and the

Vice-President, including the prohibition againstholding any other office or engaging in any otherprofession or business.

Powers and functions

The powers and functions of the COMELECmay be classified as follows:

(1) Enforcement and administrationof election laws and regulations( Art. IX-C, Sec. 2 (1), 1987 Constitution)

Promulgation of rules andregulations ( Art. IX-C, Sec. 6;BP 881, Sec. 52b)

Fixing of election period ( whichshall commence 90 days beforethe election and end 30 days

thereafter, unless otherwise fixed by the COMELEC in special cases; Art. IX-C, Sec. 6, 1987 Constitution)

Fixing of other reasonable periodsfor certain pre-electionrequirements ( BP 881, Sec. 52m)

Declaration of failure orpostponement of elections, aswell as call for special elections(Sec. 4, RA 7166)

Prescribe forms, as well as use oradoption of latest technologicaland electronic devices ( BP 881,Sec. 52 g, i)

Annulment or cancellation of illegalregistry lists of voters and orderingthe preparation of a new one;

Cancellation of the canvass of election returns and annulment of a proclamation based onincomplete results. ( Note,however, that the COMELEC doesnot have the power to annul an

election which may not havebeen free, orderly, and honest assuch power is merely preventiveand not curative.)

(2) Quasi-judicial powers

The COMELEC has exclusiveoriginal jurisdiction over allcontests relating to the election,returns and qualifications of allelective, regional, provincial and

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city officials.

The COMELEC has exclusiveappellate jurisdiction over allcontests involving municipalofficials decided by the RTC, orinvolving elective barangayofficials decided by the MTC. Inthese cases, the decisions thereinshall be final, executory and

unappealable. ( Art. IX-C, Sec. 2(2), 1987 Constitution)

Pursuant to its quasi-judicialpowers, the COMELEC has the power:

To issue subpoena;

To take testimony;

Of contempt ( Note,however, that the COMELEC's

power to punish for contempt may only be exercised ONLY in the exercise of its quasi-

judicial functions. TheCOMELEC has no power tohold a person in contempt inthe exercise of itsadministrative functions (e.g.reporter criticizes a contract with COMELEC for supplies, or a person fails to follow the

procedure for the distributionof ballot boxes).

To issue warrants of arrest;

Of certiorari, prohibition and

mandamus ( Note: but only inexercise of its appellate jurisdiction; Relampagos v.Cumba, )

(3) Decide all questions affectingelections ( Art. IX-C, Sec. 2 (3),1987 Constitution)

The power of the COMELEC todecide all questions affecting electionspertains to the following:

(1) determination of thenumber and location of polling places

(2) appointment of electionofficials and inspectors

(3) registration of voters

However, the COMELEChas NO jurisdiction over questionsinvolving the right to vote (i.e.disqualifications of voters, right of aperson to be registered, etc.), as theserest within the exclusive original

jurisdiction of the MTC, appealable to theRTC.

(4) Deputize, with the concurrence of thePresident, law enforcement agenciesand instrumentalities of theGovernment for the exclusive purposeof ensuring free, orderly, honest,peaceful and credible elections ( Art. IX-C, Sec. 2(4), 1987 Constitution)

CMT cadets 18 yrs. of age and abovemay be authorized to act as theCOMELEC's deputies for the purposeof enforcing its orders ( Sec. 52a, BP 881)

The COMELEC may deputize anymember or members of the AFP,NBI, PNP or any similar agency orinstrumentality of the government(except civilian home defenseforces) during the period of thecampaign and ending 30 daysthereafter, when in any area of thecountry there are personscommitting acts of terrorism toinfluence people to vote for oragainst any candidate or politicalparty. ( Sec. 52b, BP 881)

(5) Register political parties, etc. ( Art. IX-C, Sec. 2 (5), 1987 Constitution)

(6) Accredit citizens' arms ( Art. IX-C, Sec. 2(5), 1987 Constitution)

(7) Investigation and prosecution of casesof violation of election laws ( Art. IX-C,

Sec. 2 (5), 1987 Constitution)The COMELEC has the power of apublic prosecutor with the exclusiveauthority to conduct the preliminaryinvestigation and the prosecution of election offenses punishable under theelection law.

The power may be exercised uponcomplaint or motu proprio .

The Ombudsman has NO jurisdictionto prosecute election offenses. Hemay do so only if he is deputized by

the COMELEC.

(8) Filing of petitions in court for inclusionor exclusion of voters ( Art. IX-C, Sec. 2(6), 1987 Constitution)

(9) Recommendatory:

(a) to Congress

effective measures to minimizeelection spending, includinglimitation of places where

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propaganda materials shall beposted, and to prevent andpenalize all forms of electionfrauds, offenses, malpractices,and nuisance candidates. ( Art.IX-C, Sec. 2 (7),1987 Constitution)

(b) to the President

for removal of any officer oremployee it has deputized(Sec. 52a, BP 881);

for imposition of disciplinaryaction for violation ordisregard of, or disobedienceto its directive, order, ordecision ( Art. IX-C, Sec. 2 (8),1987 Constitution) ;

for pardon, amnesty, parole,suspension of sentence forviolation of election laws, rulesand regulations ( Art. IX-C,Sec. 5 1987 Constitution;This is to prevent the

possibility of the President granting executive clemency for political reasons.)

(10) Supervision / Regulation, for theduration of the election period, of useof all franchises or permits foroperation of:

transportation and other public utilities;

media of communication or information;

all grants, special privileges, orconcessions granted by the Governmentor any instrumentality thereof ( Art. IX-C,Sec. 4, 1987 Constitution)

The purpose of supervision andregulation is to guarantee or ensureequal opportunity for public serviceand the equitable right to reply, forpublic information campaigns andfora among candidates, and assurefree, orderly, honest, peaceful andcredible elections. ( Sec. 2, R.A.9006)

No franchise or permit to operate aradio or television station shall begranted or issued, suspended orcancelled during the election period.(Sec. 6.4, R.A. 9006)

COMELEC is mandated under Sec. 7of R.A. 9006 to exercise affirmativeaction in procuring print space uponpayment of just compensation fromat least 3 national circulation, andfree airtime from at least 3 national

TV networks and 3 national radionetworks, all of which are to beallocated free of charge equally andimpartially among all the candidatesfor national office on 3 differentcalendar days.

Quasi-Judicial Powers

Jurisdiction

The COMELEC has exclusive original jurisdiction over all contests relating to theelection, returns and qualifications of all elective,regional, provincial and city officials.

The COMELEC has exclusive appellate jurisdiction over all contests involving municipalofficials decided by the RTC, or involving electivebarangay officials decided by the MTC. In these

cases, the decisions therein shall be final,executory and unappealable. ( Art. IX-C, Sec. 2(2), 1987 Constitution)

Rendition of Decision

Composition; En Banc and Division Cases

The COMELEC may sit en banc or in 2divisions.

As a general rule, election cases shall beheard and decided in division.

Decisions that must be rendered by theCOMELEC en banc include:

Decisions on motions forreconsideration ( Art. IX-C,Sec. 3, 1987 Constitution);

Petitions for correction of manifest errors in theStatement of Votes ( Sec. 5,Rule 27 of the 1993 Rules of the COMELEC);

Questions pertaining toproceedings of the Board of Canvassers ( Mastura v.COMELEC, 285 SCRA 493)

Postponement of election(Sec. 4, R.A. 7166)

Declaration of failure of election ( Sec. 4, R.A. 7166)

Calling of special elections(Sec. 4, R.A. 7166)

Time Period and Votes Required

The COMELEC shall decide by a majority vote of all its members any case or matter brought before

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it within 60 days from the date of its submission fordecision or resolution. ( Art. IX-A, Sec. 7 1987 Constitution)

Judicial Review

Unless otherwise provided by theConstitution or by law, any decision, order or rulingof each Commission may be brought to the

Supreme Court on certiorari by the aggrieved partywithin 30 days from receipt of a copy thereof. ( Art.IX-A, Sec. 7, 1987 Constitution)

What is contemplated in this provision aredecisions, orders or resolutions rendered by theCOMELEC in the exercise of its adjudicatory orquasi-judicial powers not those which are mereincidents of its inherent administrative functionsover the conduct of elections. Questions arisingfrom the latter may be taken in an ordinary civilaction before the RTC.

By certiorari, a party raises questions of law in the Supreme Court. Findings of fact madeby the COMELEC are conclusive upon the SupremeCourt.

The Supreme Court has no power of supervision over the COMELEC except to review itsdecisions on petitions by certiorari. The certiorari

jurisdiction of the Supreme Court is confined toinstances of grave abuse of discretion amounting topatent and substantial denial of due processcommitted by it in the exercise of its quasi-judicialpowers.

ELECTIONS IN GENERAL

Kinds of elections

General election

It is one provided for by law for theelection to offices throughout the State or a certainsubdivision thereof, after the expiration of the fullterm of former officers.

Special election

It is one provided for by law under specialcircumstances.

It is an election held to fill a vacancy in anoffice before the expiration of the full term forwhich the incumbent was elected, or an election atwhich some issue or proposition is submitted to thevote of the qualified electors.

Authority for Holding Elections

In order to hold a valid election, authorityto hold it must be found conferred by the people,either directly through the Constitution which theythemselves have ordained, or indirectly, throughthe enactments of their legal representatives, thelegislature.

Date of Election Under the Law

In accordance with the Constitutionalpolicy to synchronize elections, there is asimultaneous conduct of elections for national andlocal officials once every 3 years. Under R.A. 7166,elections shall be held on the 2 nd Monday of May.

The President and Vice-President areelected on the same day every 6 years.

Senators, Elective Members of the Houseof Representatives, and Elective Provincial, City andMunicipal Officials are elected on the same dayevery 3 years, except with respect to the Senators,only 12 of whom shall be elected every 3 years.

Barangay Elections are held on the sameday, and every 5 years thereafter, the term forelective barangay officials having been extendedfrom 3 years to 5 years. ( R.A. 7160, Sec. 43 (c) asamended by R.A. 8524)

Time for Holding Elections

A fixed and ascertained time for holding anelection is indispensable to the full and effectualexercise of the right to vote. The time must befixed by the authoritative power (i.e. theConstitution; laws in the case of regular elections;the executive or other designated power in the caseof special elections).

Enactments declaring the time at which anelection shall be held are deemed to be matters of substance and must be substantially observed orthe election will be void. Substantial observance issufficient and slight variations will not invalidatethe election.

Place for Holding Elections

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The place for holding elections shall befixed by general law or by a proclamation or by thenotice by which the election is called. Suchdesignated place shall be mandatory.

In case of emergencies which necessitatesthe changing of a polling place, adequate generalnotice must be given.

Holding of Election by Proper Officers

Laws providing for the calling and holdingof elections usually provide that they shall beconducted by certain officers, elected or chosen bycertain methods, and that the result shall beascertained and published in a manner prescribed.

Regulations of this nature areindispensable to the orderly and efficient conduct of the election, and an election held by persons

without any color of authority to do so, or withoutany attempt to observe the methods prescribed, isinvalid.

Manner of Holding Elections

While the manner of holding elections mustbe regulated, it is obvious that the mannerprescribed is intended simply to secure the correctresult. Manner and form should not be allowed todefeat the undoubted will of the people clearlyexpressed. ( C.J. Simpson )

Regulations prescribed are merelydirectory, and a failure to observe them fully willnot invalidate the election, where an election hasbeen held in good faith and irregularities do notaffect the result.

Where a special election is provided for,but no method of holding it is declared, it will besufficient if it is held in the manner prescribed forthe holding of general elections.

PRE-ELECTION REQUIREMENTS

PRECINCTS AND POLLING PLACES

Precincts

Precinct, defined

PRECINCT: unit of territory for the purpose of voting ( Sec. 149, BP 881)

Establishment of Precincts

The COMELEC shall establish all electionprecincts. Each barangay shall have at least 1 suchprecinct. ( Sec. 149, BP 881)

The COMELEC may introduce adjustments,changes or new divisions or abolish precincts if necessary. But no changes shall be introducedwithin 45 days before a regular election and 30days before a special election or referendum orplebiscite. ( Sec. 149, BP 881)

Where it is not practicable to divide aprecinct by territory, the COMELEC may adjust orsplit the precinct by assigning the registered votersalphabetically and equitably among the adjusted orsplit precinct. The polling places of the saidprecincts must be in the same building. ( Sec. 8,R.A. 7166)

Publication of Maps of Precincts

At least 5 days before the first registrationday and until after the election, referendum, orplebiscite, the COMELEC shall post in the city ormunicipal hall and in 3 other conspicuous placesand on the door of each polling place, a map of thecity or municipality showing its division intoprecincts. Such maps shall be kept posted untilafter the election, referendum or plebiscite. ( Sec.151, BP 881)

Polling Places

Polling place, defined

POLLING PLACE: Building or placewhere the Board of Election

Inspectors conducts itsproceedings and where the voterscast their votes ( Sec. 152, BP 881)

Designation of polling places

The COMELEC may introduce changes inthe location of polling places when necessary afternotice to the registered political parties andcandidates affected if any, and hearing. Nolocation shall be changed within 45 days before aregular election and 30 days before a specialelection, referendum or plebiscite except when it isdestroyed or it cannot be used. ( Sec. 153, BP 881)

Arrangements and Contents of Polling Places

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Each polling place shall have at least 10voting booths of such size, specifications andmaterials as the COMELEC may provide to enablethe voters to fill out their ballots secretly. ( Sec.158, BP 881) The polling place shall be soarranged that the booths, the table, the ballotboxes and the whole polling place, except what isbeing written within the booths, shall be in plainview of the board of election inspectors, thewatchers and other persons who may be within the

polling place. ( Sec. 159 (d), BP 881)

The COMELEC shall post inside each votingbooth and elsewhere in the polling place on the daybefore the election, referendum, or plebiscite andduring the voting period a list containing the namesof all candidates or the issues or questions to bevoted for. ( Sec. 158; BP 881)

There shall be a guard rail between thevoting booths and the table for the Board of Election Inspectors. ( Sec. 159; BP 881)

Inspection of polling places

Before the day of the election, referendumor plebiscite, the Chairman of the COMELEC shall,through its authorized representatives, see to itthat all polling places are inspected and suchomissions and defects as may be found corrected.(Sec. 163, BP 881)

OFFICIAL BALLOTS, ELECTION RETURNS& BALLOT BOXES

Form and Contents of ballots

The ballots shall:

be uniform in size;

be printed in black ink on whitesecurity paper with distinctive,clear and legible watermarksthat will readily distinguish itfrom ordinary paper;

be in the shape of a strip withstub and a detachable couponcontaining the serial number of the ballot and a space for thethumbmark of the voter on thedetachable coupon;

bear at the top middle portionthe coat-of-arms of the Republic,the words, Official Ballot , thename of the city or municipalityand the province, the date of theelection and the following noticein English, Fill out this ballot secretly inside the voting booth.

Do not put any distinctive mark on any part of this ballot ;

contain the names of all theoffices to be voted for, allowingopposite the name of eachoffice, sufficient space or spaceswith horizontal lines where thevoter may write the name ornames of the individualcandidates voted for by him;

have nothing printed or writtenat the back except the signatureof the chairman of the Board of Election Inspectors

In cities or municipalities where Arabic is of general use, ballots shall have each of the titles of the offices to be voted for printed in Arabic inaddition to and immediately below the English title.

Notwithstanding the preceding provisions,COMELEC may prescribe a different form of officialballot on the same watermarked security paper tofacilitate the voting by illiterate voters only and touse or adopt the latest technological and electronicdevices in connection therewith. ( Sec. 23, R.A.7166)

Emergency Ballots

As a general rule, no ballots otherthan the official ballots shall be used or counted.However, so-called "emergency ballots" may beused in the event of failure to receive the officialballots on time, or where there are no sufficientballots for all registered voters, or where they aredestroyed at such time as shall render it impossibleto provide other official ballots. In these cases, thecity or municipal treasure shall provide otherballots which shall be as similar to the official onesas circumstances will permit and which shall beuniform within each polling place. ( Sec. 182, BP 881)

Printing of official ballots and election returns

The official ballots and electionreturns shall be printed by the Government PrintingOffice and/or the Central Bank printing facilitiesexclusively, under the exclusive supervision andcontrol of the COMELEC which shall determine andprovide the necessary security measures in theprinting, storage and distribution thereof. ( Sec.184, BP 881)

The registered political parties orcoalitions of parties ( or their components should there be any dissolution or division of said

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coalition) whose candidates obtained at least 10%of the total votes cast in the next precedingsenatorial election are each entitled to have awatcher and/or representative in the procurementand watermarking of papers to be used in theprinting of election returns and official ballots, andin the printing, numbering, storage and distributionthereof. ( Sec. 8, R.A. 6646)

Requisition and Distribution

The official ballots and election returnsshall be distributed to each city and municipality atthe rate of one and one-fifth ballots for every voterregistered in each polling place, and for electionreturns, at the rate of one set for every pollingplace. ( Sec. 186, BP 881)

The ruling party and the dominantopposition party shall submit the names of theirwatchers who, together with the representatives of

the COMELEC and the provincial, city, andmunicipal treasurers shall verify the contents of theboxes containing the shipment of official ballots,election returns and sample official ballots. ( Sec.189, BP 881)

Publication

The COMELEC shall publish at least 10days before an election, in a newspaper of generalcirculation, certified data on the number of ballotsand returns and the names and addresses of theprinters and the number printed by each.

Ballot boxes

On the day of the voting, there shall be aballot box one side of which shall be transparentwhich shall be set in a manner visible to the votingpublic. It shall contain two compartments, one forvalid ballots and the other for spoiled ballots.

REGISTRATION OF VOTERS

Registration defined

Registration refers to the act of accomplishing and filing of a sworn application forregistration by a qualified voter before the electionofficer of the city or municipality wherein he residesand including the same in the book of registeredvoters upon approval by the Election Registration

Board. ( Sec. 3a, R.A. 8189)

Necessity of registration

"The act of registration is an indispensableprecondition to the right of suffrage. Forregistration is part and parcel of the right to voteand an indispensable element in the electionprocess. Thus registration cannot and should notbe denigrated to the lowly stature of a merestatutory requirement. Proceeding from thesignificance of registration as a necessary requisiteto the right to vote, the State undoubtedly, in theexercise of its inherent police power, may thenenact laws to safeguard and regulate the act of voters registration for the ultimate purpose of conducting honest, orderly and peaceful election, tothe incidental yet generally important end, thateven pre-election activities could be performed bythe duly constituted authorities in a realistic andorderly manner one which is not indifferent andso far removed from the pressing order of the day

and the prevalent circumstances of the times."( Akbayan, et al v. COMELEC, G.R. No.147066,March 26, 2001)

In order that a qualified elector may votein any election, plebiscite or referendum, he mustbe registered in the permanent list of voters for thecity or municipality in which he resides. ( Sec. 115,BP 881).

Qualifications and DisqualificationsSee previous discussion under Suffrage.

Election Registration Board(Sec. 15, R.A. 8189)

In each city and municipality,there shall be as many Election Registration Boardsas there are election officers therein. In thicklypopulated cities or municipalities, the COMELECmay appoint additional election officers for suchduration as may be necessary.

Composition

The Board shall be composed of thefollowing:

(1) Chairman: Election Officer. In casedisqualified, the COMELEC shall designate an actingElection Officer.

(2) Members:(a) Public school official most

senior in rank; and

(b) Local civil registrar, or in hisabsence, the city or municipal treasurer. If

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neither are available, any other appointivecivil service official from the same localityas designated by the COMELEC.

Disqualifications

No member of the Board shall berelated to each other or to any incumbent city ormunicipal elective official within the 4 th civil degree

of consanguinity or affinity. If in succeedingelections, any of the newly elected city or municipalofficials is related to a member of the Board withinthe 4 th civil degree of consanguinity or affinity, suchmember is automatically disqualified to preservethe integrity of the Election Registration Board.

NOTE: It is an election offense toeither:

(1) accept an appointment, toassume office and to actuallyserve as a member of the Boardalthough ineligible thereto ( Sec.45d, R.A. 8189), or

(2) appoint such ineligible personknowing him to be ineligible(Sec. 45d, R.A. 8189)

Function

The Election Registration Boardshall meet quarterly on the 3 rd Monday of April,July, October and January of every calendar year(or on the next following working day if suchdesignated days fall on non-working holidays) tohear and process all applications for registration.

When registration conducted

Registration of voters shall beconducted not less than 120 days before a regularelection and 90 days before a special election.(Sec. 8, R.A. 8189)

However, in the case of aninitiative or referendum, the COMELEC is authorizedto set a special registration day at least 3 weeksbefore the scheduled initiative or referendum.(Sec. 5, R.A. 6735)

CAN A SPECIAL REGISTRATION FOR AREGULAR ELECTION BE CONDUCTEDOUTSIDE THE PERIOD PRESCRIBED INSEC. 8, R.A. 8189 UNDER THERESIDUAL OR STANDBY POWERS OFTHE COMELEC UNDER SEC. 28, R.A.8436?

Given the facts in the case of Akbayan, et al v. COMELEC (G.R.No.147066, March 26, 2001), no. TheSupreme Court held that Sec. 8 of R.A.

8189 explicitly provides that no registrationshall be conducted during the periodstarting 120 days before a regular election.The purpose of having a 120-dayprohibitive period is to enable theCOMELEC to complete all the necessarypre-election activities, including the Projectof Precincts, constitution of Board of Election Inspectors, Book of Voters andapproved Voters Registration Records,

Computerized Voters' List, and VotersInformation Sheet. Registration of votersis not, contrary to popular opinion, merelythe act of going to the Election Officer andwriting the names down. It is "in fact, along process that takes about 3 weeks tocomplete not even counting how long itwould take to prepare for the registrationin the first place." A buffer period istherefore necessary to safeguard againstany number of unforeseen occurrencesthat might delay the elections.

The registration period must be takenin conjunction with the period for filing of petitions for exclusion of voters under Sec.35 of R.A. 8189, which must be not lessthan 100 days prior to a regular election.The petition for exclusion is a necessarycomponent to registration since it is asafety mechanism that gives a measure of protection against flying voters, non-qualified registrants, and the like. Theprohibitive period serves the purpose of securing the voter's substantive right to beincluded in the list of voters. A specialvoter's registration cannot be conductedwithout likewise adjusting the prohibitiveperiod for filing petitions for exclusion to alater date; otherwise, no one canchallenge the Voter's list since it wouldalready be well into the 100-dayprohibitive period. Aside from being aflagrant breach of the principles of dueprocess, this would open the registrationprocess to abuse and seriously compromisethe integrity of the voter's list, andconsequently, that of the entire election(T)he periods serve a vital role inprotecting the integrity of the registrationprocess. Without the prohibitive periods,the COMELEC would be deprived of anytime to evaluate the evidence on theapplication, and the COMELEC would be

obliged to simply take them at face value.If these safety nets are compromised, theCOMELEC may end up with a voters listfull of flying voters, overflowing withunqualified registrants, populated withshadows and ghosts.

As to the "standby" or "residual"powers of the COMELEC as regards certainpre-election acts, the Supreme Court heldthat Sec. 28 of R.A. 8436 is anchored onthe sound premise that that such pre-election acts must still be capable of being

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reasonably performed vis--vis theremaining period before the date of election and the conduct of other relatedpre-election activities required under thelaw. Given the COMELEC's declaration of "operational impossibility" of conducting aspecial registration, such stand-by powercannot be exercised or availed of in thiscase since the law does not require thatthe impossible be done.

Re-registration

A voter who is registered in the permanentlist of voters need not register anew for subsequentelections unless:

(1) he transfers residence to

another city or municipality;or

(2) his registration has beencancelled on the ground of disqualification and suchdisqualification has beenlifted or removed ( Sec. 125,BP 881) ;

System of Continuing Registration

Under Sec. 8 of RA 8189, the COMELEChas the power to conduct continuing registration.Such registration shall be conducted daily in theoffice of the Election Officer during regular officehours, except during the period starting 120 daysbefore a regular election and 90 days before aspecial election. The filing of the application mustbe done personally.

Challenge of the right to register

Any person applying for registration maybe challenged before the Election RegistrationBoard by:

any voter, any candidate, or any representative of a registered

political party.

Such challenge must be made in writing, underoath and must state the grounds therefor. ( Sec.18, R.A. 8189)

List of voters

The list of voters refers to anenumeration of names of registered voters in aprecinct duly certified by the Election RegistrationBoard for use in the election. ( Sec. 3 (d), R.A.8189)

The Board of Election Inspectors must postthe final list of voters in each precinct 15 daysbefore the date of the regular or special election orreferendum or plebiscite.

Any candidate or authorized representativeof an accredited political party upon formal requestto an election registrar shall be entitled to acertified copy of the most recent list of voters uponpayment of a reasonable fee.

Inclusion-exclusion cases

Common rules governing judicial proceedingsin the matter of inclusion, exclusion and correction of names of voters (Sec. 32, R.A.8189)

(1) TIME OF FILING: During officehours

(2) NOTICE:Notice of the place, date and time of thehearing of the petition shall be served uponthe members of the Board and thechallenged voter upon filing of the petition.

Modes of service:(1) personal delivery, or

(2) registered mail, or(3) posting in the bulletin board of city or

municipal hall and in 2 other conspicuousplaces within the city or municipality

(3) CONTENTS:Petition shall refer only to 1 precinct, andshall implead the Board as respondents

(4) COSTS:Generally, no costs shall be assessed

against any party. However, the courtmay order a party to pay the costs andincidental expenses of the suit should itfind that the application was filed solelyto harass the adverse party and tocause him to incur expenses.

(5) INTERVENTION:Any voter, candidate or political partywho may be affected by theproceedings may intervene andpresent his evidence.

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(6) EVIDENCE:Shall be based on the evidencepresented. In no case shall a decisionbe rendered upon a stipulation of facts.

If the case involves the issue of afictitious voter, the non-appearance of the challenged voter on the day set forhearing shall be prima facie evidencethat such voter is fictitious.

(7) DECISION:Petition shall be heard and decidedwithin 10 days from date of f iling.

Cases appealed to the RTC shall bedecided within 10 days from receipt of the appeal. In all cases, the courtshall decide these petitions not laterthan 15 days before the election andthe decision shall become final andexecutory.

Jurisdiction and Appeal in Inclusion and Exclusion Cases

MTC: original and exclusive jurisdiction

RTC: appellate jurisdiction

Appeals must be made within 5 days fromreceipt of notice. Otherwise the decision of theMTC becomes final and executory after said period.

The RTC shall decide the appeal within 10days from the time the appeal was received, and itsdecision shall be final and executory. No motionfor reconsideration shall be entertained. ( Sec. 138,BP 881; Sec. 33, R.A. 8189)

Petition for Inclusion of Voters in the List

The following may petition to be includedin the voters list:

any person whoseapplication by registrationhas been disapproved bythe Board of ElectionInspectors or

any person whose namehas been stricken outfrom the list

Petitioner may apply at any time except 105 daysprior to a regular election or 75 days prior to aspecial election. ( Sec. 34, R.A. 8189)

Petition for Exclusion of Voters from the List

The following may petition for theexclusion of a voter from the permanent list of voters:

any registered voter;

any representative of apolitical party;

the Election Officer

Such petition may be filed at any time except 100days before a regular election or 65 days before aspecial election. It shall be decided within 10 daysfrom filing. ( Sec. 35, R.A. 8189)

"The petition for exclusion is a necessarycomponent to registration since it is a safetymechanism that gives a measure of protectionagainst flying voters, non-qualified registrants, andthe like. The prohibitive period, on the other handserves the purpose of securing the voterssubstantive right to be included in the list of voters." ( Akbayan, et al v. COMELEC, G.R.No.147066, March 26, 2001)

The citizenship of a person to be strickenfrom the list may be decided in the exclusionproceedings. However, the decision does notacquire the nature of res judicata considering thesummary character of the case.

Voters Excluded Through the Inadvertence or Registered with an Erroneous or Misspelled Name (Sec. 37, R.A. 8189)

WHAT MAY BE FILED?

(1) Petition for reinstatement - filed by anyregistered voter who has not been includedin the precinct certified list of voters

(2) Petition for correction of name - filedby any registered voter who has beenincluded in the precinct certified list of voters with a wrong or misspelled name

WHERE FILED? With the ElectionRegistration Board

If the petition is denied or not acted upon,the voter may file on any date with theproper MTC a petition for an order directingthat the voter's name be entered or

corrected in the list. The following must beattached to the petition:

(1) Certified true copy of his registrationrecord, or identification card, or the entryof his name in the list of voters used in thepreceding election;

(2) Proof that his application was denied or notacted upon by the Board;

(3) Proof that the petitioner has served notice

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of his application to the Board

Annulment of Book of Voters(Sec. 39, R.A. 8189)

The book of voters refers to thecompilation of all registration records in a precinct.(Sec. 3c, R.A. 8189)

WHO MAY FILE PETITION FOR ANNULMENT:

(1) Any voter;(2) Any election officer;(3) Any duly registered

political party

GROUNDS:(1) The book of voters was not

prepared in accordance with theprovisions of R.A. 8189; or

(2) The book of voters was preparedthrough: Fraud; Bribery; Forgery; Impersonation; Intimidation; Force; or Any similar irregularity

(3) The book of voters contains datathat are statistically improbable

The book of voters shall be annulled after duenotice and hearing by the COMELEC after the filingof a verified petition. No order, ruling or decisionannulling a book of voters shall be executed within90 days before an election.

Deactivation and reactivation of registration

Deactivation of registration (Sec. 27, R.A.8189)

CAUSES OF DEACTIVATION:

(1) The 3 grounds fordisqualification to vote, namely:

(a) Sentence by final judgmentto suffer imprisonment fornot less than one (1) year,such disability not havingbeen removed by plenarypardon or amnesty;

(b) Adjudgment by final judgment of having

committed any crimeinvolving disloyalty to theduly constituted government(e.g. rebellion, sedition,violation of the firearms law)or any crime againstnational security, unlessrestored to his full civil andpolitical rights in accordancewith law;

(c) Declaration of insanity orincompetence bycompetent authority,unless subsequentlyremoved;

(2) Failure to vote in the 2successive preceding regularelections, as shown by thevoting records ( Note: SK elections are NOT considered regular elections for this

purpose);

(3) Court order for exclusion of registration; and

(4) Loss of Filipino citizenship

Reactivation of registration (Sec. 28, R.A.8189)

PETITION FILED:Sworn application forreactivation of registration inthe form of an affidavit statingthat the grounds for thedeactivation no longer exist

WHO MAY FILE:Any voter whose registrationhas been deactivated

WHERE FILED:With the Election Officer, whoshall then submit suchapplication to the ElectionRegistration Board forappropriate action.

WHEN FILED:Not later than 120 days before

a regular election and 90 daysbefore a special registration

REGISTRATION OF POLITICAL PARTIES

Political party defined

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Under the Omnibus Election Code, apolitical party is an organized group of personspursuing the same ideology, political ideas orplatforms of government and includes its branchesand divisions. ( Sec. 60, BP 881)

Under the Party-List System Act , apolitical party is an organized group of citizensadvocating an ideology or platform, principles andpolicies for the general conduct of government and

which, as the most immediate means of securingtheir adoption, regularly nominates and supportscertain of its leaders and members as candidatesfor public office. ( Sec. 3c, R.A. 7491) There are 2kinds of political parties: (1) national party, i.e. aparty whose constituency is spread over thegeographical territory of at least a majority of theregions; and (2) regional party, i.e. a party whoseconstituency is spread over the geographicalterritory of at least a majority of the cities andprovinces comprising the region.

Purpose of registration

The purpose of registration of politicalparties with the COMELEC is to enable them to:

(1) Acquire juridical personality;

(2) Qualify for subsequentaccreditation; and

(3) Entitle them to the rights andprivileges granted to politicalparties. ( Sec. 60, BP 881)

Rights and privileges granted

A registered political party is entitled to thefollowing rights and privileges:

To be voted upon as a party, provided that it is registered under the party-list system ( Art. IX-C, Sec. 7, 1987 Constitution) ;

To have a watcher in every ElectionRegistration Board ( Sec. 15, R.A.

8189); To inspect and/or copy at its expense

the accountable registration formsand/or the list of registered voters inthe precincts constituting theconstituency at which the politicalparty is fielding candidates ( Sec. 42,R.A. 8189)

To have a watcher and/orrepresentative in the procurement andwatermaking of papers to be used in

the printing of election returns andofficial ballots and in the printing,numbering, storage and distributionthereof ( Sec. 8, R.A. 6646);

To have watchers who shall verify thecontents of the boxes containing theshipment of official ballots, electionreturns and sample official ballotsreceived by the provincial, city andmunicipal treasurers ( Sec. 189, BP 881. Note that this privilege is only available to the ruling party and thedominant opposition party.);

To have one watcher in every pollingplace and canvassing center ( Sec. 26,R.A. 7166);

To be present and to have counselduring the canvass of the electionreturns ( Sec. 25, R.A. 6646)

To receive the 4 th copy ( if thedominant majority party) or the 5 thcopy ( if the dominant minority party)of the election returns ( Sec. 27, R.A.7166 as amended by R.A. 8045 and R.A. 8173)

Procedure

(1) The political party seeking registrationmay file with the COMELEC a verifiedpetition attaching thereto its constitutionand by-laws, platform or program of government and such other relevantinformation as may be required by theCOMELEC.

(2) The COMELEC shall require publicationof the petition for registration oraccreditation in at least threenewspapers of general circulation.

(3) After due notice and hearing, theCOMELEC shall resolve the petitionwithin 10 days from the date it issubmitted for decision. ( Sec. 61, BP 881. Note however the discrepancy with Sec. 62 which states that resolution of the petition for registrationor accreditation shall be 15 days fromthe date of submission for decision.)

Who may not be registered

The following may not be registered as politicalparties:

religious denominations and

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sects ( Art. IX-C, Sec. 2 (5),1987 Constitution; Sec. 61, BP 881)

those which seek to achievetheir goals through violence orunlawful means ( Art. IX-C, Sec.2 (5), 1987 Constitution, Sec.61, BP 881)

those which refuse to upholdand adhere to the Constitution(Art. IX-C, Sec. 2 (5), 1987 Constitution)

those supported by foreigngovernments ( Art. IX-C, Sec. 2(5), 1987 Constitution)

Forfeiture of status and cancellation of registration

Forfeiture of status

Any registered political party that, singly orin coalition with others, fails to obtain at least 10%of the votes cast in the constituency in which itnominated and supported a candidate or candidatesin the election next following its registration shall,after notice and hearing be deemed to haveforfeited such status as a registered political partyin such constituency. ( Sec. 60, BP 881)

Cancellation of registration

The following are grounds for cancellationof registration of a political party:

(1) Accepting financial contributions fromforeign governments or their agencies( Art. IX-C, Sec. 2 (5), 1987 Constitution);

(2) The party is a religious sect ordenomination, organization orassociation organized for religiouspurposes ( Sec. 6 (1), R.A. 7941) ;

(3) The party advocates violence or unlawfulmeans to seek its goal ( Sec. 6 (2),R.A. 7941) ;

(4) The party is a foreign party or organization(Sec. 6 (3), R.A. 7941) ;

(5) The party is receiving support from anyforeign government, foreign politicalparty, foundation, organization, whetherdirectly or through any of its officers or

members or indirectly through thirdparties for partisan election purposes( Sec. 6 (4), R.A. 7941);

(6) The party violates or fails to comply withlaws, rules or regulations relating toelections ( Sec. 6 (5), R. A. 7941);

(7) The party declares untruthful statementsin its petition for registration ( Sec. 6 (6),R.A. 7941);

(8) The party has ceased to exist for at least1 year ( Sec. 6 (7), R.A. 7941);

(9) The party fails to participate in the last 2preceding elections ( Sec. 6 (8), R.A.7941);

(10) If registered under the party-listsystem, the party fails to obtain atleast 2% of the votes in the 2preceding elections for theconstituency in which it has registered.(Sec. 6 (8), R.A. 7941)

Under the party-list system, theCOMELEC may refuse or cancel registrationeither motu proprio or upon verifiedcomplaint of any interested party, afterdue notice and hearing. ( Sec. 6, R.A.7941)

Nomination and selection of officialcandidates

(Sec. 6, R.A. 7166)

No political convention or meeting for the

nomination or election of the official candidates of any political party or organization or politicalgroups or coalition thereof shall be held earlier thanthe following periods:

Pres., VP, Senators : 165 days before the dateof the election

Members of the House of Representatives75 days before the day of Elective Provincial, City or Municipal

Officers the election

REGISTRATION FOR PARTY-LIST

Party-list system defined

The party-list system is amechanism of proportional representation in theelection of representatives to the House of Representatives from national, regional andsectoral parties or organizations or coalitionsthereof registered with the COMELEC. Componentparties or organizations of a coalition mayparticipate independently, provided the coalition of

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which they form part does not participate in theparty-list system. ( Sec. 3, R.A. 7941)

Purpose of party-list system

The purpose of the party-listsystem is to enable Filipino citizens belonging tomarginalized and underrepresented sectors,organizations and parties, and who lack well-defined political constituencies but who couldcontribute to the formulation and enactment of appropriate legislation that will benefit the nationas a whole, to become members of the House of Representatives. ( Sec. 2, R.A. 7941)

Who may be registered

The following groups of personsmay participate in the party-list system:

(1) Political parties ( See discussion in previous section);

(2) Sectoral parties, i.e. organized groupsof citizens belonging to the labor,peasant, fisherfolk, urban poor,indigenous cultural communities,elderly, handicapped, women, youth,veterans, overseas workers, andprofessional sectors, and whoseprincipal advocacy pertains to thespecial interest and concerns of theirsector ( Sec. 3d, R.A. 7941);

(3) Sectoral organizations, i.e. groups of citizens or coalitions of groups of citizens who share similar physicalattributes or characteristics,employment, interest or concerns(Sec. 3e, R.A. 7941);

(4) Coalitions, i.e. aggrupations of dulyregistered national, regional, sectoralparties or organizations for politicaland/or election purposes ( Sec. 3f, R.A.7941)

Parties, organizations or coalitions that arealready registered with the COMELEC need notregister anew. However, should they wish toparticipate in the party-list system, they must file

with the COMELEC a manifestation of such desire toparticipate not later than 120 days before theelection. ( Sec. 4, R.A. 7941, as amended by Sec.11, R.A. 8436)

Procedure for registration

PETITION:Petition verified by theparty/organization/coalition'spresident or secretary. The petition

must state its desire to participatein the party-list system as anational, regional or sectoral partyor organization or a coalition of such parties or organizations.

WHEN FILED:Not later than 90 days before theelection

ATTACHMENTS:(1) Constitution;(2) By-laws;(3) Platform or program of

government;(4) List of officers;(5) Coalition agreement

(as applicable);(6) Other relevant

information as may berequired by theCOMELEC

After due notice and hearing, the COMELECshall resolve the petition within 15 days from thedate it was submitted for decision, but not laterthan 60 days before election. ( Sec. 5, R.A. 7941)

Grounds for refusal and/or cancellation of registration

The following are grounds for refusaland/or cancellation of registration of a party,organization or coalition wishing to participate inthe party-list system:

1. Accepting financial contributions from

foreign governments or their agencies( Art. IX-C, Sec. 2 (5), 1987 Constitution);

2. The party is a religious sect ordenomination, organization orassociation organized for religiouspurposes ( Sec. 6 (1), R.A. 7941) ;

3. The party advocates violence orunlawful means to seek its goal ( Sec.6 (2), R.A. 7941) ;

4. The party is a foreign party ororganization ( Sec. 6 (3), R.A. 7941) ;

5. The party is receiving support fromany foreign government, foreignpolitical party, foundation,organization, whether directly orthrough any of its officers or membersor indirectly through third parties forpartisan election purposes ( Sec. 6 (4),R.A. 7941);

6. The party violates or fails to complywith laws, rules or regulations relating

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to elections ( Sec. 6 (5), R. A. 7941);

7. The party declares untruthfulstatements in its petition forregistration ( Sec. 6 (6), R.A. 7941);

8. The party has ceased to exist for atleast 1 year ( Sec. 6 (7), R.A. 7941);

9. The party fails to participate in the last

2 preceding elections ( Sec. 6 (8), R.A.7941);

10. If registered under the party-listsystem, the party fails to obtain atleast 2% of the votes in the 2preceding elections for theconstituency in which it has registered.(Sec. 6 (8), R.A. 7941)

The COMELEC may refuse or cancelregistration either motu proprio or upon verifiedcomplaint of any interested party, after due noticeand hearing. ( Sec. 6, R.A. 7941)

Nomination of party-list representatives(Sec. 8, R.A. 7941)

Each registered party, organizationor coalition shall submit to the COMELEC a list of not more than 5 names from which party-listrepresentatives shall be chosen in case it obtainsthe required number of votes. This list must besubmitted not later than 45 days before theelection.

The nomination of party-listrepresentatives is subject to the following

limitations:

(1) The nominee must have all of thequalifications and none of thedisqualifications for the exercise of the right of suffrage. Moreover,he/she must be a registered voter,able to read and write, and at least25 years on the day of the election.

In case of youth sector nominees,such nominees must be at least 25but not more than 30 yrs. old on theday of the election. ( Sec. 9)

(2) The nominee must be a bona fidemember of the party or organizationwhich he/she seeks to represent forat least 90 days preceding the day of the election. ( Sec. 9)

(3) An elected party-listrepresentative who changes hispolitical party or sectoral affiliationwithin 6 months before an electionis not eligible for nomination asparty-list representative under his

new party or organization. ( Sec.15)

(4) A person may be nominated in 1list only. ( Sec. 8)

(5) Only persons who have given theirconsent in writing may be namedin the list. ( Sec. 8)

(6) The list cannot include anycandidate for any elective office orany person who has lost his bid foran elective office in theimmediately preceding election.(Sec. 8)

(7) Changes of name or alterations inthe order of nominees aregenerally not allowed after the listhas been submitted to theCOMELEC. However, these maybe allowed when the nomineeeither:

(a) Dies; or(b) Withdraws his nomination

in writing; or(c) Becomes incapacitated

in which case the name of thesubstitute nominee shall be placedlast in the list. ( Sec. 8)

Party-list and district representativesdistinguished

Every voter is entitled to 2 votes:the first is a vote for candidate for member of theHouse of Representatives in his legislative district,and the second, a vote for the party, organization,or coalition he wants represented in the House of Representatives.

Party-listrepresentative

Districtrepresentative

Scope of electorate

Electednationally, withparty-listorganizationsgarnering atleast 3% of allthe votes castfor the party-list systementitled to 1seat, which isincreasedaccording toproportionalrepresentation,but is in no way

Electedaccording tolegislativedistrict by theconstituents of such district

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to exceed 3seats perorganization

Residencerequirement

No specialresidencyrequirement

Must be aresident of hislegislativedistrict for atleast 1 yearimmediatelybefore theelection

Manner of election

Voted upon byparty ororganization. Itis only when aparty is entitledtorepresentationthat itdesignates whowill sit asrepresentative.

Electedpersonally, i.e.by name.

Effect of disaffiliationwith party

Loses his seat,in which casehe/she will besubstituted byanotherqualified personin the party /organizationbased on thelist submitted tothe COMELEC.

Does not loseseat if he/shechanges partyor affiliation.

Effect of vacancy

A substitutionwill be made

within theparty, based onthe listsubmitted tothe COMELEC.

A specialelection may be

held providedthat thevacancy takesplace at least 1year before thenext election.

Effect of change inaffiliationwithin 6monthsprior toelection

A party-listrepresentativeis prohibitedfrom sitting asrepresentativeunder his newparty ororganization.

This does notprevent adistrictrepresentativefrom runningunder his newparty.

Effect of loss duringpreviouselection

A party-listrepresentativecannot sit if heran and lost inthe previouselection.

A districtrepresentativeis not preventedfrom runningagain as adistrictrepresentative if he/she lostduring thepreviouselection.

ACCREDITATION OF CITIZENS' ARMS

Who may be accredited(Rule 33, COMELEC Rules of Procedure)

Any bona fide non-partisan group,association or organization from the civic, youth,professional, educational, business or labor sectorswith identifiable leadership, membership andstructure, and with demonstrated capacity topromote the public interest and assist the COMELECin the performance of its functions and activities asmandated by the Constitution and by law, may beaccredited as citizens' arms of the COMELEC. ( Rule33, Sec. 1, COMELEC Rules of Procedure)

Procedure for accreditation

(1) FILING OF PETITION FOR ACCREDITATION

Any group seeking accreditation may file apetition for accreditation, duly verified by itsPresident, Chairman of the Board of Directors,or any of its duly authorized officers.

The petition for accreditation must state thefollowing:

(a) The constituency to which petitionerseeks accreditation;

(b) That it is not supporting any candidate,political party, organization or coalitionof political parties, in the constituency

where it seeks accreditation;

(c) Nature of its membership; names of itsofficers or organizers, location of principal office or place of business,and an assurance of its capability toundertake a coordinated operation andactivity to assist the COMELEC;

(d) That it shall submit itself to the directand immediate control and supervisionand comply with the orders of theCOMELEC in the performance of itsspecific functions and activitiesprovided by law, and such otherfunctions and activities provided bylaw, and such other functions andactivities which the COMELEC mayassign;

(e) That it shall strictly remain non-partisan and impartial during theregistration and election periods;

(f) That it is not supported by or underthe influence of any foreigngovernment or any of its agencies or

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instrumentalities; or of any foreigner,whether natural or juridical person;

(g) That it shall not solicit or receive,directly or indirectly, any contributionor aid of whatever form or nature fromany foreign government or any of itsagencies or instrumentalities, or fromany foreigner, whether natural or

juridical person;

(h) That it does not seek to achieve itsobjectives, goals or programs throughviolence or other unlawful means, noraim to propagate any ideologyopposed to the principles of arepublican and democraticgovernment; and

(i) That it undertakes to police its ranksand prevent infiltration by persons orgroups of persons who may, directly orindirectly, destroy its character of non-partisanship and impartiality.

(2) SETTING OF PETITION FOR HEARING

Upon the filing of the petition, the COMELEC enbanc shall immediately set the petition forhearing. The COMELEC may order thepublication of the petition in a newspaper of general circulation if it deems such necessary.Publication shall be at the expense of thepetitioner.

(3) HEARING OF PETITION

The accreditation of the petitioner may beopposed by any person, group, association,group or organization, political party orcoalition of political parties possessing relevantinformation or evidence against the petitionerby filing a verified opposition.

However, notwithstanding the absence of anyopposition, the COMELEC may motu propriorequire the petitioner to present evidence tosupport its petition for accreditation.

(4) DECISION

The COMELEC shall then render its decision. If the decision is for the accreditation of thepetition, a certificate of accreditation shall be

issued stating the following:(a) The name of the group or

organization;

(b) The constituency to which it isaccredited; and

(c) The political exercise for whichit is accredited

Revocation and expiration of accreditation

REVOCATION: May be done by the COMELECafter notice and hearing for any of the followingacts:

(1) The citizens' arm has showed or actedwith partiality in any political issue or toany political party, organization orcoalition of political parties;

(2) It has performed acts in excess of itsduties and functions as provided by law;or

(3) It has failed to comply with theconditions imposed upon it in thedecision granting accreditation.

EXPIRATION: The accreditation automaticallylapses at the end of the election period of the politicalexercise for which the petitioner was accredited ascitizens' arm.

CERTIFICATES OF CANDIDACY

Candidate defined

Any person aspiring for or seeking an elective publicoffice, who has filed a certificate of candidacy byhimself or through an accredited political party,aggroupment, or coalition of parties. ( Sec. 79, BP 881)

Guest Candidacy

A political party may nominateand/or support candidates not belonging to it.(Sec. 70, BP 881) Note however that this is notapplicable in cases of political parties registeredunder the party-list system, as nominees mustnecessarily be bona fide members of the party.

Qualifications

See the provisions of the Constitution for the qualifications of candidates for President, Vice-President, Senator, and Member of the House of Representatives.

See the provisions of the Local Government Code for the qualifications of local elective officials.

Qualifications prescribed by law arecontinuing requirements and must be possessed forthe duration of the officer's active tenure. Onceany of the required qualifications are lost, his titleto the office may be seasonably challenged. ( SeeFrivaldo v. COMELEC, 174 SCRA 245; Labo v.

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COMELEC, 176 SCRA 1)

Filing of certificate of candidacy

To be eligible for any elective public office,one must file a certificate of candidacy within theperiod fixed by the Omnibus Election Code.

Mode of Filing

Certificates must be filed by the candidatepersonally or by his duly authorized representative.No certificate shall be filed by mail, telegram orfacsimile. ( Sec. 7, R.A. 7166)

Time of Filing

Certificates of candidacy must be filed in12 legible copies not later than 120 days before theelections. ( Sec. 11, R.A. 8436)

Place of Filing

The certificates of candidacy shall be filedin the following places:

President |Vice-President |

COMELEC main office (Manila)Senator |

CongressmanProvincial election supervisor

If NCR district: File with Regional Election Director

If legislative district in cities outsideNCR which comprise one or morelegislative districts: File with City election registrar concerned

Provincial Offices Provincial election supervisor

City / Municipal Offices City or municipal election registrar

Contents of certificate of candidacy

The certificate of candidacy shallstate the following:

That the person filing the certificate isannouncing his candidacy for the officestated therein and that he or she iseligible for such office;

The political party to which thecandidate belongs;

Civil status;

Date of birth;

Residence;

Post office address for all electionpurposes;

Profession or occupation;

That he / she will support and defendthe Constitution of the Philippines andwill maintain faith and allegiancethereto;

That he / she will obey the laws, legalorders, and decrees promulgated bythe duly constituted authorities;

That he / she is not a permanentresident or immigrant to a foreigncountry;

That the obligation imposed by oath is

assumed voluntarily, without mentalreservation or purpose of evasion;

That the facts stated in the certificateof candidacy are true to the best of hisknowledge.

Effects of filing

Note: Sec. 67 of BP 881 and the firstproviso of Sec. 11 of R.A. 8436 (which statesthat

"Any elective official, running for any officer other than one which he isholding in a permanent capacity,except for President and Vice-President, shall be considered ipsofacto resigned upon the start of thecampaign period ") have beenrepealed by Sec. 14 of R.A. 9006(Fair Election Act of 2001).

Any mass media columnist, commentator,announcer, reporter, on-air correspondent orpersonality who is a candidate for any electivepublic office shall be deemed resigned, if sorequired by his/her employer, or shall take a leave

of absence from his/her work as such during thecampaign period. ( Sec. 6.6, R.A. 9006)

FLORES V. COMELEC

FACTS: R Flores and AFlores were both running forkagawad. 4 ballots indicated votesfor Flores only. It was initiallydecided to divide the 4 votesbetween R and A Flores. Pursuantto a COMELEC administrative

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regulation which provided that incumbent barangay captainsshall be deemed resigned as suchupon the filing of their certificatesof candidacy for the office of kagawad, the MTC held that RFlores was not entitled to any of the 4 votes. R Flores contendsthat all 4 votes should be in favorof R since the OEC provides that

that when there are candidateswith the same surnames and onlysuch surname is written the votesshall be counted in favor of theincumbent.

HELD: R Flores is not theincumbent as he was correctlydeemed resigned upon his filing of a certificate of candidacy forkagawad as this was not theposition he was holding at the timehe filed.

COMMENT: This case may nolonger be relevant in view of thefact that Sec. 67 of BP 881 and the corresponding proviso in Sec.11, R.A. 8436 have been expressly repealed by Sec. 14 of R.A. 9006.

Withdrawal of certificate

A person who has filed a certificate of candidacy may withdraw the same prior to theelection by submitting to the office concerned a

written declaration under oath.

If a candidate files a certificate of candidacy for more than 1 office, he shall not beeligible for any of them. However, he may declareunder oath the office for which he desires to beeligible and cancel the certificate of candidacy forthe other office or offices provided that this is donebefore the expiration of the period for the filing of certificates of candidacy. ( Sec. 73, BP 881)

The filing of the withdrawal shall not affectwhatever civil, criminal, or administrative liabilitieswhich a candidate may have incurred. ( Sec. 73, BP 881)

RAMIREZ V. COMELEC

FACTS: The certificate of candidacy of petitioner for theoffice of provincial board memberwas filed by his political party. 15minutes before the deadline, hefiled his certificate of candidacy formayor. 8 days later, he filed apetition to withdraw his certificateof candidacy for the office of the

board member and to declaresubsisting his certificate of candidacy for mayor, attaching hiswritten declaration under oathwithdrawing his certificate of candidacy for board member.

HELD : Since thecertificate of candidacy for theposition of board member was filed

by his party and the said party hadwithdrawn that nomination, therewas substantial compliance withSec. 73 of the Omnibus ElectionCode. His filing under oath withinthe statutory period of hisindividual candidacy for mayor wasa rejection of the party nominationof the other officer.

Disqualifications

According to Prof. Barlongay,disqualifications may be classified into 4 categories:(1) status; (2) acts; (3) nuisance candidacy; and(4) falsity of material representation in thecertificate of candidacy.

Status

(1) Lack of Filipino citizenship;

(2) Lack of residency requirement;

(3) Insanity or incompetence, as declaredby competent authority;

(4) Permanent residence orimmigrant status in a foreigncountry, unless such person haswaived his status as permanentresident or immigrant inaccordance with the residencerequirement provided for in theelection laws ( Sec. 68, BP 881)

Acts

(1) Sentence by final judgmentfor:

Subversion, insurrection,rebellion;

Any offense for which thecandidate has been sentencedto a penalty of more than 18months of imprisonment;

Any offense involving moralturpitude;

Moral turpitude is an act of a

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baseness, vileness, or depravity inthe private duties which a manowes to his fellow men, or tosociety in general, contrary to theaccepted and customary rule of right and duty between man andwoman or conduct contrary to

justice, honesty, modesty or goodmorals. The general rule is thatcrimes mala in se involve moral

turpitude while crimes malaprohibita do not. Moral turpitudeimplies something immoral initself, regardless of the fact that itis punishable by law or not. ( DelaTorre v. COMELEC, 191 SCRA229)

Having given money or othermaterial consideration toinfluence, induce or corruptthe voters or public officialsperforming electorial functions(Sec. 68a, BP 881);

Having committed acts of terrorismto enhance his candidacy ( Sec.68b, BP 881);

Having spent in his electioncampaign an amount in excess of that allowed by the OmnibusElection Code ( Sec. 68c, BP 881);

Having solicited, received or madeany contribution prohibited underthe Omnibus Election Code ( Sec.68d, BP 881; cf. Secs. 89, 95, 96,97 and 104);

Having engaged in electioncampaign or partisan politicalactivity outside the campaignperiod and not pursuant to apolitical party nomination ( Sec.68e, BP 881, cf. Sec. 80);

Having removed, destroyed,obliterated, defaced or tamperedwith or prevented the distributionof lawful election propaganda ( Sec.68e, BP 881, cf. Sec. 83);

Having violated the rules andregulations on election propagandathrough mass media ( Sec. 68e, BP 881, cf. Sec. 86);

Having coerced, intimidated,compelled, or in any mannerinfluenced, directly or indirectly,any of his subordinates ormembers, or employees, etc. toaid, campaign or vote for oragainst any candidate or anyaspirant for the nomination or

selection of candidates ( Sec. 68e,BP 881, cf. Sec. 261d);

Having directly or indirectlythreatened, intimidated, or actuallycaused, inflicted or produced anyviolence, injury, punishment,damage, loss or disadvantage uponany person or that of theimmediate members of his family,his honor or property, or used anyfraudulent device or scheme tocompel or induce or prevent theregistration of any voter, or theparticipation in any campaign, orthe casting of any vote, or anypromise of such registration,campaign, vote, or omissiontherefrom ( Sec. 68e, BP 881, cf.Sec. 261e);

Having engaged in unlawfulelectioneering ( Sec. 68e, BP 881,cf. Sec. 261k);

Having violated the prohibitionagainst release, disbursement orexpenditure of public funds 45 daysbefore a regular election (or 30days in the case of a specialelection) ( Sec. 68e, BP 881, cf.Sec. 261v);

Having solicited votes orundertaken any propaganda on theday of election for or against anycandidate or any political partywithin the polling place or within aradius of 30 m. thereof ( Sec. 68e,

BP 881, cf. Sec. 251cc)

Nuisance candidacy

A nuisance candidate is one whofiles a certificate of candidacy:

(a) To put the election process inmockery or disrepute; or

(b) To cause confusion among thevoters by the similarity of thenames of the registeredcandidates, or

(c) Clearly demonstrating that he /she has no bona fide intention torun for the office which thecertificate of candidacy has beenfiled, and thus prevents a faithfuldetermination of the true will of the electorate. ( Sec. 69, BP 881)

Falsity of material representation

Falsity of a material representation in thecertificate of candidacy is a ground for the denial of

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due course to or cancellation of a certificate of candidacy under Sec. 78 of BP 881.

Disqualifications under the Local Government Code (Sec. 40, R.A. 7160)

(1) Those sentenced by final judgment foran offense punishable by one year ormore of imprisonment and within 2

years after serving sentence.

(2) Those removed from office as a result of an administrative case.

REYES V. COMELEC

FACTS: Reyes, theincumbent mayor, was foundguilty of an administrativecomplaint. Despite this, hefiled a certificate of candidacy.Although the COMELECdisqualified him, the Board of Election Canvassers, unawareof COMELECs decision todisqualify him, proclaimedReyes as the mayor.

HELD: The election of Reyes did not render theadministrative charges againsthim moot and academic. Thedecision to remove him wasserved on Reyes and thereafterbecame final because he failedto appeal to the Office of thePresident. He was thereforevalidly removed from office andpursuant to the LocalGovernment Code, wasdisqualified from running for re-election.

(3) Those convicted by final judgment forviolating the oath of allegiance to theRepublic of the Philippines.

(4) Those with dual citizenship.

See the case of Mercado v. Manzano.

(5) Fugitives from justice in criminal andnon-political cases here and abroad.

A "fugitive from justice"includes "not only those whoflee after conviction to avoidpunishment, but likewise thosewho, after being charged, fleeto avoid prosecution."(Marquez v. COMELEC, 243SCRA 358)

In the case of Rodriguez v.COMELEC (G.R. No. 120099,

July 24, 1996), it was held that

Rodriguez could not beconsidered a "fugitive from

justice" because his arrival inthe Philippines from the U.S.preceded the filing of the felonycomplaint in the Los AngelesCourt and the issuance of thearrest warrant by the sameforeign court by almost 5months. The Supreme Court

held that the intent to evade isthe compelling factor thatanimates ones flight from aparticular jurisdiction. Andthere can only be an intent toevade prosecution orpunishment when there isknowledge by the fleeingsubject of an already institutedindictment, or of a promulgated

judgment of conviction.

(6) Permanent residents in a foreigncountry or those who have acquired theright to reside abroad and continue toavail of the same right after theeffectivity of the Local GovernmentCode.

FRIVALDO V. COMELEC

FACTS: Frivaldo waspreviously declared as an alien.Despite this, he was able to filehis certificate of candidacy. Theelection occurred on May 8,1995. Frivaldo was able to re-acquire Philippine citizenship onJune 30, 1995 throughrepatriation by taking his oath of allegiance at 2:00 p.m.

HELD: Philippinecitizenship is an indispensablerequirement for holding anelective public office. An officialbegins to govern or discharge hisfunctions only upon hisproclamation and on the day thelaw mandates his term of office tobegin. Since Frivaldo re-assumedhis citizenship on the very day the

term began, he was thereforealready qualified to beproclaimed, to hold such officeand to discharge the functionsand responsibilities thereof as of the said date.

(7) Those who are insane or feeble-minded.

Special Disqualifications under the LoneCandidate Law (Sec. 4, R.A. 8295)

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The following persons aredisqualified from running in a special election calledto fill the vacancy in an elective office, providedthat evidence of their guilt is strong:

(1) Any elective official who hasresigned from his office byaccepting an appointiveoffice or for whatever reasonwhich he previously

occupied but has caused tobecome vacant due to hisresignation;

(2) Any person who, directly orindirectly, coerces, bribes,threatens, harasses,intimidates, or actuallycauses, inflicts or producesany violence, injury,punishment, torture,damage, loss ordisadvantage to any personor persons aspiring tobecome a candidate or thatof the immediate member of his family, his honor orproperty that is meant toeliminate all other potentialcandidate.

Effect of death, disqualification or withdrawal

If a candidate of a registered or accreditedpolitical party dies, withdraws or is disqualifiedafter the last day for filing of the certificates of candidacy, ONLY a person belonging to, and

certified, by the same political party, may file acertificate of candidacy to replace him.

If the death, withdrawal or disqualificationoccurs between the day before the election andmid-day of the election day, the certificate may befiled with any Board of Election Inspectors in thepolitical subdivision where he is a candidate or withthe COMELEC if it is a national position. ( Sec. 77,BP 881)

Petition to deny due course or to cancelcertificate

A verified petition to deny due course to orcancel a certificate of candidacy may be filed byany person EXCLUSIVELY on the ground that amaterial misrepresentation contained therein asrequired is false. Such petition shall be filed anytime not later than 25 days from the time of filingof the certificate, and shall be decided not laterthan 15 days before the election. ( Sec. 78, BP 881)

The procedure for cancellation of

certificate of candidacy shall bediscussed in the last part of thisreviewer.

Certified List of Candidates

The COMELEC shall cause to be printed acertified list of candidates for each office to bevoted for in each province, city or municipalityimmediately followed by the nickname or stagename of the candidate and his political affiliation, if any. The list shall be posted inside each votingbooth.

Whenever practicable, the Board of Election Inspectors shall cause said list of candidates to be written on the blackboard ormanila paper for posting inside the polling place.The names of all candidates followed by hisnickname or stage name shall also be printed in theelection returns and tally sheets. ( Sec. 4, R.A.

6646)

ELECTION CAMPAIGN & EXPENDITURES

ELECTION CAMPAIGN

Election campaign or partisan political activity

It is an act designed to promote theelection or defeat of a particular candidate orcandidates to a public office.

It does not include public expressions of opinions or discussions of probable issues in aforthcoming election or on attributes or criticisms of probable candidates proposed to be nominated in aforthcoming political party convention.

Prohibitions

Members of the board of electioninspections are prohibited fromengaging in any partisan politicalactivity or from taking part in theelection except to discharge theirduties as such and to vote. ( Sec.173, BP 881)

Officers or employees of the civilservice are prohibited fromengaging directly or indirectly inany electioneering or partisanpolitical campaigns. ( Art. IX-B,Sec. 2 (4), 1987 Constitution)

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Members of the military areprohibited from engaging directly orindirectly in any partisan politicalactivity except to vote. ( Art. XVI,Sec. 5 (3), 1987 Constitution)

Campaign period

It is prohibited for any person, politicalparty or association of persons to engage in anelection ca