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Election Laws Premid Atty. Gujilde

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    ELECTION LAWS

    Part I: ELECTIVE OFFICIALS

    1. Election, defined.- It is the means by which the people choose their officials for a efinite an fi!e perio an to whom theyentr"st for the time bein# the e!ercise of the powers of the #o$ernment%

    a& Election efine "ner '"rispr"ence%An election is the emboiment of the pop"lar will( the e!pression of the so$erei#n power of the peopleIt in$ol$es the choice or selection of caniates to p"blic office by pop"lar $ote% Specifically( the term)election() in the conte!t of the Constit"tion( may refer to the con"ct of the polls( incl"in# the listin#of $oters( the holin# of the electoral campai#n( an the castin# an co"ntin# of the $otes which onot characteri*e the election of officers in the +atip"nan n# m#a baran#ay% ,Taule v. Santos&

    b& Election efine within the conte!t of the Constit"tion%The phrase )election( ret"rns an "alifications) sho"l be interprete in its totality as referrin# to almatters affectin# the $aliity of the contestee.s title% /"t if it is necessary to specify( we can say that)election) referre to the con"ct of the polls( incl"in# the listin# of $oters( the holin# of the electoralcampai#n( an the castin# an co"ntin# of the $otes0 )ret"rns) to the can$ass of the ret"rns an the

    proclamation of the winners( incl"in# "estions concernin# the composition of the boar ocan$assers an the a"thenticity of the election ret"rns an )"alifications) to matters that co"l beraise in a "o warranto proceein# a#ainst the proclaime winner( s"ch as his isloyalty oineli#ibility or the inae"acy of his certificate of caniacy% ,Javier v. COMELEC&

    2. Election, purpose.

    a) The purpose of an election is to give the voters a direct participation in the affairs of their governmenteither in determining who shall be their public officials or in deciding some question of public interest

    and for that purpose all of the legal voters should be permitted, unhampered and unmolested, to cast

    their ballot. (Luna v. Rodriguez)

    3. Election laws, purpose.

    a) Private respondent argues that inasmuch as the barangay election is nonpartisan, there can be nosubstitution because there is no political party from which to designate the substitute. !uch aninterpretation, aside from being non sequitur, ignores the purpose of election laws which is to give

    effect to, rather than frustrate, the will of the voters. "1#$%t is a solemn duty to uphold the clear and

    unmista&able mandate of the people. %t is wellsettled that in case of doubt, political laws must be soconstrued as to give life and spirit to the popular mandate freely e'pressed through the ballot. (Rulloda

    v. COMELEC)

    4. Election laws, how construe.

    a) lection contests involve public interest, and technicalities and procedural barriers should not be

    allowed to stand if they constitute an obstacle to the determination of the true will of the electorate in

    the choice of their elective officials. aws governing election contests must be liberally construed tothe end that the will of the people in the choice of public officials may not be defeated by mere

    technical ob*ections. %n an election case, the court has an imperative duty to ascertain by all means

    within its command who is the real candidate elected by the electorate. The !upreme +ourt frownsupon any interpretation of the law or the rules that would hinder in any way not only the free and

    intelligent casting of the votes in an election but also the correct ascertainment of the results. (Carlos v

    Angeles)b) This +ourt has time and again liberally and equitably construed the electoral laws of our country to

    give fullest effect to the manifest will of our people, for in case of doubt, political laws must be

    http://sc.judiciary.gov.ph/jurisprudence/2003/jan2003/154198.htm#_ftn12http://sc.judiciary.gov.ph/jurisprudence/1996/jun1996/120295.htm#_edn66http://sc.judiciary.gov.ph/jurisprudence/1996/jun1996/120295.htm#_edn66http://sc.judiciary.gov.ph/jurisprudence/1996/jun1996/120295.htm#_edn66http://sc.judiciary.gov.ph/jurisprudence/2003/jan2003/154198.htm#_ftn12
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    interpreted to give life and spirit to the popular mandate freely e'pressed through the ballot. (Frivaldov. COMELEC)

    5. Election, classified.a& 1e#"lar Election

    i% S+ Election is not a re#"lar electionIt is a r"le in stat"tory constr"ction that e$ery part of the stat"te m"st be interprete with reference

    to the conte!t( i%e%( that e$ery part of the stat"te m"st be consiere to#ether with the other partsan 2ept s"bser$ient to the #eneral intent of the whole enactment% The e$ient intent of Section34 is to s"b'ect an electi$e local official to recall election once "rin# his term of office% Para#raph,b& constr"e to#ether with para#raph ,a& merely esi#nates the perio when s"ch electi$e locaofficial may be s"b'ect of a recall election( that is( "rin# the secon year of his term of office%Th"s( s"bscribin# to petitioners interpretation of the phrase re#"lar local election to incl"e the S+election will "n"ly circ"mscribe the no$el pro$ision of the Local 5o$ernment Coe on recall( amoe of remo$al of p"blic officers by initiation of the people before the en of his term% An if theS+ election which is set by 1%A% 6o% 3787 to be hel e$ery three years from 9ay ;;< were to beeeme within the p"r$iew of the phrase re#"lar local election( as erroneo"sly insiste bypetitioner( then no recall election can be con"cte renerin# in"tile the recall pro$ision of theLocal 5o$ernment Coe% ,Paras v. COMELEC&

    - The S+ election is not a re#"lar election beca"se its members o not e$en possess s"ffra#e"ner the Constit"tion%- If the S+ election was a re#"lar election( there wo"l be no more recall election beca"se italways falls within the secon year of term of office( the only time when a recall election isallowe%- The S+ is nothin# more than a yo"th or#ani*ation% Its electe officers are not one of thoseen"merate as electi$e local officials "ner the law%

    b& Special Election to fill o"r $acancyc& Special election after fail"re of election

    Sec. 6. Failure of election. - If( on acco"nt of force ma'e"re( $iolence( terrorism( fra"( or otheranalo#o"s ca"ses the election in any pollin# place has not been hel on the ate fi!e( or ha been

    s"spene before the ho"r fi!e by law for the closin# of the $otin#( or after the $otin# an "rin# thepreparation an the transmission of the election ret"rns or in the c"stoy or can$ass thereof( s"chelection res"lts in a fail"re to elect( an in any of s"ch cases the fail"re or s"spension of electionwo"l affect the res"lt of the election( the Commission shall( on the basis of a $erifie petition by anyintereste party an after "e notice an hearin#( call for the holin# or contin"ation of the election nothel( s"spene or which res"lte in a fail"re to elect on a ate reasonably close to the ate of theelection not hel( s"spene or which res"lte in a fail"re to elect b"t not later than thirty ays afterthe cessation of the ca"se of s"ch postponement or s"spension of the election or fail"re to elect%,Omnibus Election Code&

    - P"rs"ant to Section < of the Omnib"s Election Coe ,/%P% /l#% 77&( a special election may be helin Precinct 6o% = only if the fail"re of the election therein )wo"l affect the res"lt of the election%) This

    )res"lt of the election) means the net res"lt of the election in the rest of the precincts in a #i$enconstit"ency( s"ch that if the mar#in of a leain# caniate o$er that of his closest ri$al in the latterprecincts is less than the total n"mber of $otes in the precinct where there was fail"re of election( thens"ch fail"re wo"l certainly affect )the res"lt of the election)0 hence( a special election m"st be hel%Conse"ently( the holin# of a special election in Precinct 6o% = can only be etermine after the$otes in Precinct 6o% 3 shall ha$e been incl"e in the can$ass by the Pro$incial /oar ofCan$assers% ,Lucero v. COMELEC&

    Sec. 4. Postonement! Failure of Election and Secial Elections. > The postponement( eclaration ofail"re of election an the callin# of special elections as pro$ie in Sections ?( < an 3 of theOmnib"s Election Coe shall be ecie by the Commission sittin# en banc by a ma'ority $otes of its

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    members% The ca"ses for the eclaration of a fail"re of election may occ"r before or after the castin#of $otes or on the ay of the election% ,"# $o. %&66&

    - There are( therefore( two re"isites for the holin# of special elections "ner Section < of theOmnib"s Election Coe( $i*%(

    ,& that there is a fail"re of election( an,@& that s"ch fail"re wo"l affect the res"lts of the election%

    6. Sste!s of Electiona& 9an"al System of election ,'P ((&! Omnibus Election Code&b& A"tomate system of election ,1A 6o% 74= In the e$ent of a systems brea2own of allassi#ne machines in the co"ntin# center( the Commission shall "se any a$ailable machine or anycomponent thereof from another citym"nicipality "pon the appro$al of the Commission En /anc orany of its i$isions%The transfer of s"ch machines or any component thereof shall be "nerta2en in the presence of

    representati$es of political parties an citi*ens. arm of the Commission who shall be notifie by theelection officer of s"ch transfer%There is a systems brea2own in the co"ntin# center when the machine fails to rea the ballots orfails to storesa$e res"lts or fails to print the res"lts after it has rea the ballots0 or when the comp"tefails to consoliate election res"ltsreports or fails to print election res"ltsreports after consoliation,"# (4)6&

    SEC% % Section ; of 1ep"blic Act 6o% 74=< is hereby amene to rea as follow:)SEC%=% Contin"ity Plan% - The AES shall be so esi#ne to incl"e a contin"ity plan in case of asystems brea2own or any s"ch e$ent"ality which shall res"lt in the elay( obstr"ction ononperformance of the electoral process% Acti$ation of s"ch contin"ity an contin#ency meas"resshall be "nerta2en in the presence of representati$es of political parties an citi*en.s arm of the

    Commission who shall be notifie by the election officer of s"ch acti$ation%)All political parties an party-lists shall be f"rnishe copies of sai contin"ity plan at their officiaaresses as s"bmitte to the Commission% The list shall be p"blishe in at least two newspaper ofnational of circ"lation an shall be poste at the website of the Commission at least fifteen ,?& aysprior to the electoral acti$ity concerne%) ,"# *)6*&

    - In the case at bar( the CO9ELEC orer for a man"al co"nt was not only reasonable% It was the onlyway to co"nt the ecisi$e local $otes in the si! ,

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    @% Vice Presientii% Article VI

    % @ Senators@% Do"se of 1epresentati$e per Le#islati$e istrict=% Party-list 1epresentati$es4% SP Lalawi#an per le#islati$e istrict

    iii% Article

    % 1A

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    at noon of the same ate( si! years thereafter% The Presient shall not be eli#ible for any re-election% 6o personwho has s"cceee as Presient an has ser$e as s"ch for more than fo"r years shall be "alifie forelection to the same office at any time% ,#rticle ,,! &*(% Constitution&

    a& Presient term limit- si! years( not eli#ible for re-election

    Ass"min# an act"al case or contro$ersy e!iste prior to the proclamation of a Presient who has been

    "ly electe in the 9ay 8( @88 elections( the same is no lon#er tr"e toay% Followin# the res"lts ofthat elections( pri$ate responent was not electe Presient for the secon time% Th"s( any isc"ssionof his reelection will simply be hypothetical an spec"lati$e% It will ser$e no "sef"l or practical p"rpose,Pormento v. Estrada&

    b& Gifference of effects of s"ccession on term limit between the Vice-Presient an Vice-9ayor%The framers of the Constit"tion incl"e s"ch a pro$ision beca"se( witho"t it( the Vice-Presient( whosimply steps into the Presiency by s"ccession wo"l be "alifie to r"n for Presient e$en if he hasocc"pie that office for more than fo"r years% The absence of a similar pro$ision in Art% ( 7 on electi$elocal officials throws in bol relief the ifference between the two cases% It "nerscores theconstit"tional intent to co$er only the terms of office to which one may ha$e been electe for p"rposeof the three-term limit on local electi$e officials( isre#arin# for this p"rpose ser$ice by a"tomatic

    s"ccession%

    To recapit"late( the term limit for electi$e local officials m"st be ta2en to refer to the ri#ht to be electeas well as the ri#ht to ser$e in the same electi$e position% Conse"ently( it is not eno"#h that anini$i"al has ser$e three consec"ti$e terms in an electi$e local office( he m"st also ha$e beenelecte to the same position for the same n"mber of times before the is"alification can apply% ,'orav. COMELEC&

    1*. +ice 'resident and +ice-aorThere is another reason why the Vice-Presient who s"ccees to the Presiency an ser$es in thaoffice for more than fo"r years is ineli#ible for election as Presient% The Vice-Presient is electeprimarily to s"ccee the Presient in the e$ent of the latters eath( permanent isability( remo$al or

    resi#nation% hile he may be appointe to the cabinet( his becomin# so is entirely epenent on the#oo #races of the Presient% In r"nnin# for Vice-Presient( he may th"s be sai to also see2 thePresiency% For their part( the electors li2ewise choose as Vice-Presient the caniate who they thin2can fill the Presiency in the e$ent it becomes $acant% Dence( ser$ice in the presiency for more thanfo"r years may ri#htly be consiere as ser$ice for a f"ll term%

    This is not so in the case of the $ice-mayor% Hner the local 5o$ernment Coe( he is the presiin#officer of the san##"nian an he appoints all officials an employees of s"ch local assembly% De hasistinct powers an f"nctions( s"ccession to mayorship in the e$ent of $acancy therein bein# only oneof them%

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    Constitution&

    Section % The followin# are citi*ens of the Philippines:=% Those born before Ban"ary 3( ;3=( of Filipino mothers( who elect Philippine Citi*enship "ponreachin# the a#e of ma'ority0 ,,bid./

    a& 6at"ral-born Filipino( efineAny concl"sion on the Filipino citi*enship of Loren*o Po" co"l only be rawn from the pres"mptionthat ha$in# ie in ;?4 at 74 years ol( Loren*o wo"l ha$e been born sometime in the year 738(when the Philippines was "ner Spanish r"le( an that San Carlos( Pan#asinan( his place oresience "pon his eath in ;?4( in the absence of any other e$ience( co"l ha$e well been hisplace of resience before eath( s"ch that Loren*o Po" wo"l ha$e benefite from the )en masseFilipini*ation) that the Philippine /ill ha effecte in ;8@% That citi*enship ,of Loren*o Po"&( iac"ire( wo"l thereby e!ten to his son( Allan F% Poe( father of responent FPB% The ;=?Constit"tion( "rin# which re#ime responent FPB has seen first li#ht( confers citi*enship to alpersons whose fathers are Filipino citi*ens re#arless of whether s"ch chilren are le#itimate orille#itimate% ,Fornier v. Comelec&

    b& 1esience( efineFor political p"rposes the concepts of resience an omicile are ictate by the pec"liar criteria ofpolitical laws% As these concepts ha$e e$ol$e in o"r election law( what has clearly an "ne"i$ocallyemer#e is the fact that resience for election p"rposes is "se synonymo"sly with omicile% ,Marcosv. Comelec&

    It is octrinally settle that the term resience( as "se in the law prescribin# the "alifications fors"ffra#e an for electi$e office( means the same thin# as omicile( which imports not only an intentionto resie in a fi!e place b"t also personal presence in that place( co"ple with con"ct inicati$e ofs"ch intention% Gomicile enotes a fi!e permanent resience to which( whene$er absent fob"siness( pleas"re( or some other reasons( one intens to ret"rn% Gomicile is a "estion of intentionan circ"mstances% In the consieration of circ"mstances( three r"les m"st be borne in min( namely:

    ,& that a man m"st ha$e a resience or omicile somewhere0 ,@& when once establishe it remains"ntil a new one is ac"ire0 an ,=& a man can ha$e b"t one resience or omicile at a time% , 0ominov. Comelec&

    c& 1esience re"irement( rationaleThe pertinent pro$ision so"#ht to be enforce is Section =; of the Local 5o$ernment Coe ,L5C& of;;( which pro$ies for the "alifications of local electi$e officials( as follows:)SEC% =;% K"alifications% - ,a& An electi$e local official m"st be a citi*en of the Philippines0 a re#istere$oter in the baran#ay( m"nicipality( city( or pro$ince ! ! ! where he intens to be electe0 a resienttherein for at least one ,& year immeiately precein# the ay of the election0 an able to rea anwrite Filipino or any other local lan#"a#e or ialect%)

    5enerally( in re"irin# caniates to ha$e a minim"m perio of resience in the area in which theysee2 to be electe( the Constit"tion or the law intens to pre$ent the possibility of a )stran#er ornewcomer "nac"ainte with the conitions an nees of a comm"nity an not ientifie with thelatter from see2in#J an electi$e office to ser$e that comm"nity%) S"ch pro$ision is aime at e!cl"in#o"tsiers )from ta2in# a$anta#e of fa$orable circ"mstances e!istin# in that comm"nity for electora#ain%) ,Tora1no v. Comelec&

    & Property "alificationThat sai property "alifications are inconsistent with the nat"re an essence of the 1ep"blicansystem oraine in o"r Constit"tion an the principle of social '"stice "nerlyin# the same( for saipolitical system is premise "pon the tenet that so$erei#nty resies in the people an all #o$ernmen

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    a"thority emanates from them( an this( in t"rn( implies necessarily that the ri#ht to $ote an to be$ote for shall not be epenent "pon the wealth of the ini$i"al concerne( whereas social '"sticepres"pposes e"al opport"nity for all( rich an poor ali2e( an that( accorin#ly( no person shall( byreason of po$erty( be enie the chance to be electe to p"blic office% ,Ma2uera v. 'orra&

    12. +ice'resident, (o) elected, ter! of office and ter! li!itSection 4% The Presient an the Vice-Presient shall be electe by irect $ote of the people for a term of si!

    years which shall be#in at noon on the thirtieth ay of B"ne ne!t followin# the ay of the election an shall enat noon of the same ate( si! years thereafter% The Presient shall not be eli#ible for any re-election% 6o personwho has s"cceee as Presient an has ser$e as s"ch for more than fo"r years shall be "alifie forelection to the same office at any time%

    6o Vice-Presient shall ser$e for more than two s"ccessi$e terms% Vol"ntary ren"nciation of the office for anylen#th of time shall not be consiere as an interr"ption in the contin"ity of the ser$ice for the f"ll term forwhich he was electe% ,#rticle ,,! Constitution&

    1/. 'resident 0 +ice'resident, #asis for procla!ationSection 4% The ret"rns of e$ery election for Presient an Vice-Presient( "ly certifie by the boar ofcan$assers of each pro$ince or city( shall be transmitte to the Con#ress( irecte to the Presient of the

    Senate% Hpon receipt of the certificates of can$ass( the Presient of the Senate shall( not later than thirty aysafter the ay of the election( open all the certificates in the presence of the Senate an the Do"se o1epresentati$es in 'oint p"blic session( an the Con#ress( "pon etermination of the a"thenticity an "ee!ec"tion thereof in the manner pro$ie by law( can$ass the $otes% , ,bid. &

    Section

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    "ntil a Presient or a Vice-Presient shall ha$e "alifie( in case of eath( permanent isability( or inability ofthe officials mentione in the ne!t precein# para#raph% ,#rticle ,,! Constitution&

    16. 'residential succession, in case of %acanc on !idter!Section 7% In case of eath( permanent isability( remo$al from office( or resi#nation of the Presient( the Vice-Presient shall become the Presient to ser$e the "ne!pire term% In case of eath( permanent isabilityremo$al from office( or resi#nation of both the Presient an Vice-Presient( the Presient of the Senate or( in

    case of his inability( the Spea2er of the Do"se of 1epresentati$es( shall then act as Presient "ntil thePresient or Vice-Presient shall ha$e been electe an "alifie%

    The Con#ress shall( by law( pro$ie who shall ser$e as Presient in case of eath( permanent isability( orresi#nation of the Actin# Presient% De shall ser$e "ntil the Presient or the Vice-Presient shall ha$e beenelecte an "alifie( an be s"b'ect to the same restrictions of powers an is"alifications as the Actin#Presient% ,,bid.&

    1". 'er!anent disa#ilit of t(e 'residentSection % hene$er the Presient transmits to the Presient of the Senate an the Spea2er of the Do"se of1epresentati$es his written eclaration that he is "nable to ischar#e the powers an "ties of his office( an"ntil he transmits to them a written eclaration to the contrary( s"ch powers an "ties shall be ischar#e by

    the Vice-Presient as Actin# Presient%

    hene$er a ma'ority of all the 9embers of the Cabinet transmit to the Presient of the Senate an to theSpea2er of the Do"se of 1epresentati$es their written eclaration that the Presient is "nable to ischar#e thepowers an "ties of his office( the Vice-Presient shall immeiately ass"me the powers an "ties of theoffice as Actin# Presient%

    Thereafter( when the Presient transmits to the Presient of the Senate an to the Spea2er of the Do"se of1epresentati$es his written eclaration that no inability e!ists( he shall reass"me the powers an "ties of hisoffice% 9eanwhile( sho"l a ma'ority of all the 9embers of the Cabinet transmit within fi$e ays to the Presientof the Senate an to the Spea2er of the Do"se of 1epresentati$es( their written eclaration that the Presienis "nable to ischar#e the powers an "ties of his office( the Con#ress shall ecie the iss"e% For that

    p"rpose( the Con#ress shall con$ene( if it is not in session( within forty-ei#ht ho"rs( in accorance with its r"lesan witho"t nee of call%

    If the Con#ress( within ten ays after receipt of the last written eclaration( or( if not in session( within twel$eays after it is re"ire to assemble( etermines by a two-thirs $ote of both Do"ses( $otin# separately( thatthe Presient is "nable to ischar#e the powers an "ties of his office( the Vice-Presient shall act asPresient0 otherwise( the Presient shall contin"e e!ercisin# the powers an "ties of his office% , ,bid.&

    In s"m( we hol that the resi#nation of the petitioner cannot be o"bte% It was confirme by his lea$in#9alacaan#% In the press release containin# his final statement( ,& he ac2nowle#e the oath-ta2in# of theresponent as Presient of the 1ep"blic albeit with reser$ation abo"t its le#ality0 ,@& he emphasi*e he waslea$in# the Palace( the seat of the presiency( for the sa2e of peace an in orer to be#in the healin# process

    of o"r nation% De i not say he was lea$in# the Palace "e to any 2in inability an that he was #oin# to re-ass"me the presiency as soon as the isability isappears: ,=& he e!presse his #ratit"e to the people forthe opport"nity to ser$e them% itho"t o"bt( he was referrin# to the past opport"nity #i$en him to ser$e thepeople as Presient ,4& he ass"re that he will not shir2 from any f"t"re challen#e that may come ahea in thesame ser$ice of o"r co"ntry% Petitioner.s reference is to a f"t"re challen#e after occ"pyin# the office of thepresient which he has #i$en "p0 an ,?& he calle on his s"pporters to 'oin him in the promotion of aconstr"cti$e national spirit of reconciliation an soliarity% Certainly( the national spirit of reconciliation ansoliarity co"l not be attaine if he i not #i$e "p the presiency% The press release was petitioner.s$aleictory( his final act of farewell% Dis presiency is now in the part tense% ,Estrada v. 0esierto&

    1$. 3esi4nation of t(e 'resident

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    1esi#nation is not a hi#h le$el le#al abstraction% It is a fact"al "estion an its elements are beyon "ibblethere m"st be an intent to resi#n an the intent m"st be co"ple by acts of relin"ishment%37 The $aliity of aresi#nation is not #o$ernment by any formal re"irement as to form% It can be oral% It can be written% It can bee!press% It can be implie% As lon# as the resi#nation is clear( it m"st be #i$en le#al effect%

    In the cases at bar( the facts show that petitioner i not write any formal letter of resi#nation before hee$ac"ate 9alacaan# Palace in the afternoon of Ban"ary @8( @88 after the oath-ta2in# of responent Arroyo%

    Conse"ently( whether or not petitioner resi#ne has to be etermine from his act an omissions before"rin# an after Ban"ary @8( @88 or by the totality of prior( contemporaneo"s an posterior facts ancirc"mstantial e$ience bearin# a material rele$ance on the iss"e%

    Hsin# this totality test( we hol that petitioner resi#ne as Presient% ,Estrada v. 0esierto&

    1&. +acanc in t(e office of t(e +ice'resident, (o) filled.Section ;% hene$er there is a $acancy in the Office of the Vice-Presient "rin# the term for which he waselecte( the Presient shall nominate a Vice-Presient from amon# the 9embers of the Senate an the Do"seof 1epresentati$es who shall ass"me office "pon confirmation by a ma'ority $ote of all the 9embers of bothDo"ses of the Con#ress( $otin# separately% ,#rticle ,,! Constitution&

    DE1EAS( p"rs"ant to Section ; Article VII of the Constit"tion( the Presient in the e$ent of s"ch $acancyshall nominate a Vice Presient from amon# the members of the Senate an the Do"se of 1epresentati$eswho shall ass"me office "pon confirmation by a ma'ority $ote of all members of both Do"ses $otin# separately,Estrada v. 0esierto&

    2*. +acanc in #ot( t(e presidenc and %icepresidenc, (o) filled.Section 8% The Con#ress shall( at ten o.cloc2 in the mornin# of the thir ay after the $acancy in the offices ofthe Presient an Vice-Presient occ"rs( con$ene in accorance with its r"les witho"t nee of a call an withinse$en ays( enact a law callin# for a special election to elect a Presient an a Vice-Presient to be hel notearlier than forty-fi$e ays nor later than si!ty ays from the time of s"ch call% The bill callin# s"ch speciaelection shall be eeme certifie "ner para#raph @( Section @

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    $oters of the Philippines( as may be pro$ie by law% ,#rticle ,! Constitution&

    Section @% The Senators( 9embers of the Do"se of 1epresentati$es( an the local officials first electe "nerthis Constit"tion shall ser$e "ntil noon of B"ne =8( ;;@%Of the Senators electe in the elections in ;;@( the first twel$e obtainin# the hi#hest n"mber of $otes shalser$e for si! years an the remainin# twel$e for three years% ,#rticle 3,,,! Constitution&

    In the instant case( Section @ of 1%A% 6o%

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    representati$es incl"in# those "ner the party list% For three consec"ti$e terms after the ratification ofthis Constit"tion( one-half of the seats allocate to party-list representati$es shall be fille( as pro$ieby law( by selection or election from the labor( peasant( "rban poor( ini#eno"s c"lt"ral comm"nitieswomen( yo"th( an s"ch other sectors as may be pro$ie by law( e!cept the reli#io"s sector%,=& Each le#islati$e istrict shall comprise( as far as practicable( conti#"o"s( compact an a'acentterritory% Each city with a pop"lation of at least two h"nre fifty tho"san( or each pro$ince( shallha$e at least one representati$e%

    ,4& ithin three years followin# the ret"rn of e$ery cens"s( the Con#ress shall ma2e areapportionment of le#islati$e istricts base on the stanars pro$ie in this section% ,#rticle ,&

    b& Omnib"s Election CoeSec% @4% Apportionment of representati$es% - Hntil a new apportionment shall ha$e been mae( the9embers of the /atasan# Pambansa shall be apportione in accorance with the Orinanceappene to the Constit"tion( as follows:chanrobles$irt"allawlibrary6ational Capital 1e#ion: 9anila(

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    c& 6"mber of Party-list ,see own notes&Veterans Feeration Party $% Comelec/A6AT $% Comelec

    24. T(reeter! li!it.Section 7% The term of office of electi$e local officials( e!cept baran#ay officials( which shall be etermineby law( shall be three years an no s"ch official shall ser$e for more than three consec"ti$e terms%

    Vol"ntary ren"nciation of the office for any len#th of time shall not be consiere as an interr"ption in thecontin"ity of his ser$ice for the f"ll term for which he was electe% ,#rticle 3! Constitution&

    25. Ter! li!it, purpose of.'ora v. ComelecTwo ieas th"s emer#e from a consieration of the proceein#s of the Constit"tional Commission% Thefirst is the notion of ser$ice of term( eri$e from the concern abo"t the acc"m"lation of power as a res"lof a prolon#e stay in office% The secon is the iea of election( eri$e from the concern that the ri#ht ofthe people to choose those whom they wish to #o$ern them be preser$e%The p"rpose of this pro$ision ,Art% 7& is to pre$ent a circ"m$ention of the limitation on the n"mber of termsan electi$e official may ser$e% Con$ersely( if he is not ser$in# a term for which he was electe beca"se heis simply contin"in# the ser$ice of the official he s"ccees( s"ch official cannot be consiere to ha$e f"lly

    ser$e the term now withstanin# his $ol"ntary ren"nciation of office prior to its e!piration%

    Latasa v. ComelecAn e!amination of the historical bac2#ro"n of the s"b'ect Constit"tional pro$ision re$eals that themembers of the Constit"tional Commission were as m"ch concerne with preser$in# the freeom ofchoice of the people as they were with pre$entin# the monopoli*ation of political power%

    An electi$e local official( therefore( is not barre from r"nnin# a#ain in for same local #o$ernment post"nless two conitions conc"r: %& that the official concerne has been electe for three consec"ti$e termsto the same local #o$ernment post( an @%& that he has f"lly ser$e three consec"ti$e terms%The framers of the Constit"tion( by incl"in# this e!ception( wante to establish some safe#"ars a#ainsthe e!cessi$e acc"m"lation of power as a res"lt of consec"ti$e terms%

    26. Succession, effect on ter! continuit.'ora v. ComelecTo recapit"late( the term limit for electi$e local officials m"st be ta2en to refer to the ri#ht to be electe aswell as the ri#ht to ser$e in the same electi$e position% Conse"ently( it is not eno"#h that an ini$i"ahas ser$e three consec"ti$e terms in an electi$e local office( he m"st also ha$e been electe to the sameposition for the same n"mber of times before the is"alification can apply%

    Montebon v. ComelecTh"s( for the is"alification to apply( it is not eno"#h that the official has been electe three consec"ti$etimes0 he m"st also ha$e ser$e three consec"ti$e terms in the same position%S"ccession in local #o$ernment offices is by operation of law%Vol"ntary ren"nciation of a term oes not cancel the reno"nce term in the comp"tation of the three term

    limit0 con$ersely( in$ol"ntary se$erance from office for any len#th of time short of the f"ll term pro$ie bylaw amo"nts to an interr"ption of contin"ity of ser$ice%Th"s( s"ccession by law to a $acate #o$ernment office is characteristically not $ol"ntary since it in$ol$esthe performance of a p"blic "ty by a #o$ernment official( the non-performance of which e!poses saiofficial to possible aministrati$e an criminal char#es of ereliction of "ty an ne#lect in the performanceof p"blic f"nctions% It is therefore more comp"lsory an obli#atory rather than $ol"ntary%

    27. 're%enti%e suspension, effect on ter! continuit.#ldovino v. Comelec

    28. isualification, prior to ter! end, effect of.

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    Lon5anida v. Comelec29. isualification after ter! end, effect of.

    On+ v. #le+re"ivera v. Comelec

    30. 3ecall, effect on t(reeter! disualification.#dormeo v. Comelec

    Socrates v. Comelec31. Con%ersion of !unicipalit to cit, effect of.

    Latasa v. Comelec32. Election protest, effects of.

    #bundo v. Comelec33. -e!#ers of O3, ualifications.

    SECTIO6 % The le#islati$e power shall be $este in the Con#ress of the Philippines which shall consist ofa Senate an a Do"se of 1epresentati$es( e!cept to the e!tent reser$e to the people by the pro$ision oninitiati$e an referen"m% ,#rticle ,! Constitution&

    34. 'artlist 3epresentati%es or No!inees, ualifications.Section ? ,@&% The party-list representati$es shall constit"te twenty per cent"m of the total n"mber ofrepresentati$es incl"in# those "ner the party list% For three consec"ti$e terms after the ratification of this

    Constit"tion( one-half of the seats allocate to party-list representati$es shall be fille( as pro$ie by lawby selection or election from the labor( peasant( "rban poor( ini#eno"s c"lt"ral comm"nities( womenyo"th( an s"ch other sectors as may be pro$ie by law( e!cept the reli#io"s sector% , ,bid%&SECTIO6 7% Political parties( or or#ani*ations or coalitions re#istere "ner the party-list system( shall nobe represente in the $otersN re#istration boars( boars of election inspectors( boars of can$assers( orother similar boies% Dowe$er( they shall be entitle to appoint poll watchers in accorance with law,#rticle ,3! C/&

    'a+on+ 'a1ani-OF v. Comelec'#$#T v. Comelec'a1an Muna v. Comelec

    #ton+ Pa+laum v. Comelec

    35. Sectors to #e represented # partlist, enu!erated.#rticle ,! Section 78/ of Constitution"# %*4&Section ?% 1e#istration% Any or#ani*e #ro"p of persons may re#ister as a party( or#ani*ation or coalitionfor p"rposes of the party-list system by filin# with the CO9ELEC not later than ninety ,;8& ays before theelection a petition $erifie by its presient or secretary statin# its esire to participate in the party-listsystem as a national( re#ional or sectoral party or or#ani*ation or a coalition of s"ch parties oor#ani*ations( attachin# thereto its constit"tion( by-laws( platform or pro#ram of #o$ernment( list of officerscoalition a#reement an other rele$ant information as the CO9ELEC may re"ire: Pro$ie( That thesectors shall incl"e labor( peasant( fisherfol2( "rban poor( ini#eno"s c"lt"ral comm"nities( elerlyhanicappe( women( yo"th( $eterans( o$erseas wor2ers( an professionals%The CO9ELEC shall p"blish the petition in at least two ,@& national newspapers of #eneral circ"lation%

    The CO9ELEC shall( after "e notice an hearin#( resol$e the petition within fifteen ,?& ays from theate it was s"bmitte for ecision b"t in no case not later than si!ty ,

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    SECTIO6 ;% In case of $acancy in the Senate or in the Do"se of 1epresentati$es( a special election maybe calle to fill s"ch $acancy in the manner prescribe by law( b"t the Senator or 9ember of the Do"se o1epresentati$es th"s electe shall ser$e only for the "ne!pire term% ,#rticle ,! Constitution&

    Sec% @@% Special election for 9embers of the /atasan# Pambansa% - In case a $acancy arises in the/atasan# Pambansa ei#hteen months or more before a re#"lar election( the Commission shall call aspecial election to be hel within si!ty ays after the $acancy occ"rs to elect the 9ember to ser$e the

    "ne!pire term%The /atasan# Pambansa thro"#h a "ly appro$e resol"tion or an official comm"nication of the Spea2ewhen it is not in session shall certify to the Commission the e!istence of sai $acancy% ,Omnibus ElectionCode! #rt. ,,,&

    "# 6647

    Section % In case a $acancy arises in the Senate at least ei#hteen ,7& months or in the Do"se of1epresentati$es at least ,& year before the ne!t re#"lar election for 9embers of Con#ress( theCommission on Elections( "pon receipt of a resol"tion of the Senate or the Do"se of 1epresentati$es( asthe case may be( certifyin# to the e!istence of s"ch $acancy an callin# for a special election( shall hol aspecial election to fill s"ch $acancy%f Con#ress is in recess( an official comm"nication on the e!istence of

    the $acancy an call for a special election by the Presient of the Senate or by the Spea2er of the Do"seof 1epresentati$es( as the case may be( shall be s"fficient for s"ch p"rpose% The Senator or 9ember ofthe Do"se of 1epresentati$es th"s electe shall ser$e only for the "ne!pire term%

    Section @% The Commission on Elections shall fi! the ate of the special election( which shall not be earlierthan forty-fi$e ,4?& ays not later than ninety ,;8& ays from the ate of s"ch resol"tion or comm"nicationstatin# amon# other thin#s the office or offices to be $ote for: pro$ie( howe$er( that if within the saiperio a #eneral election is sche"le to be hel( the special election shall be hel sim"ltaneo"sly withs"ch #eneral election%

    "# %&66Section 4% Postponement( Fail"re of Election an Special Elections% - The postponement( eclaration of

    fail"re of election an the callin# of special elections as pro$ie in Sections ?( < an 3 of the Omnib"sElection Coe shall be ecie by the Commission sittin# en banc by a ma'ority $ote of its members% Theca"ses for the eclaration of a fail"re of election may occ"r before or after the castin# of $otes or on theay of the election%In case a permanent $acancy shall occ"r in the Senate or Do"se of 1epresentati$es at least one ,& yeabefore the e!piration of the term( the Commission shall call an hol a special election to fill the $acancynot earlier than si!ty ,

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    ,b& 6o local electi$e official shall ser$e for more than three ,=& consec"ti$e terms in the same position%Vol"ntary ren"nciation of the office for any len#th of time shall not be consiere as an interr"ption in thecontin"ity of ser$ice for the f"ll term for which the electi$e official concerne was electe%

    ,c& The term of office of baran#ay officials an members of the san##"nian# 2abataan shall be forthree ,=& years( which shall be#in after the re#"lar election of baran#ay officials on the secon 9onay o9ay ;;4%

    0avid v. Comelec41. Electi%e local officials, ualifications.

    Local 9overnment CodeSection =;% K"alifications% -,a& An electi$e local official m"st be a citi*en of the Philippines0 a re#istere $oter in the baran#ay(m"nicipality( city( or pro$ince or( in the case of a member of the san##"nian# panlalawi#an( san##"nian#panl"n#so( or san##"nian# bayan( the istrict where he intens to be electe0 a resient therein for atleast one ,& year immeiately precein# the ay of the election0 an able to rea an write Filipino or anyother local lan#"a#e or ialect%

    ,b& Caniates for the position of #o$ernor( $ice-#o$ernor( or member of the san##"nian# panlalawi#an( ormayor( $ice-mayor or member of the san##"nian# panl"n#so of hi#hly "rbani*e cities m"st be at least

    twenty-one ,@& years of a#e on election ay%

    ,c& Caniates for the position of mayor or $ice-mayor of inepenent component cities( component citiesor m"nicipalities m"st be at least twenty-one ,@& years of a#e on election ay%

    ,& Caniates for the position of member of the san##"nian# panl"n#so or san##"nian# bayan m"st beat least ei#hteen ,7& years of a#e on election ay%

    ,e& Caniates for the position of p"non# baran#ay or member of the san##"nian# baran#ay m"st be atleast ei#hteen ,7& years of a#e on election ay%

    ,f& Caniates for the san##"nian# 2abataan m"st be at least fifteen ,?& years of a#e b"t not more than

    twenty-one ,@& years of a#e on election ay%

    "# *&64Section 3% Section 4@7 of 1ep"blic Act 6o% 3

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    ,e& F"#iti$es from '"stice in criminal or non-political cases here or abroa0,f& Permanent resients in a forei#n co"ntry or those who ha$e ac"ire the ri#ht to resie abroa ancontin"e to a$ail of the same ri#ht after the effecti$ity of this Coe0 an,#& The insane or feeble-mine%

    a7 ual Citi8ens(ipConstitution! #rticle ,

    SECTIO6 ?% G"al alle#iance of citi*ens is inimical to the national interest an shall be ealt with bylaw%

    "# *887alles v. ComelecMercado v. Man5anoLabo v. Comelec"oseller de 9u5man v. ComelecSobeana-Condon v. ComelecMac2uilin+ v. Comelec

    #7 9u4iti%es fro! :ustice.Mar2ue5 v. Comelec

    c7 'er!anent residents in forei4n countr.Caasi v. ComelecOmnibus Election CodeSec% @% Gis"alifications% - Any person who has been eclare by competent a"thority insane orincompetent( or has been sentence by final '"#ment for s"b$ersion( ins"rrection( rebellion or for anyoffense for which he has been sentence to a penalty of more than ei#hteen months or for a crimein$ol$in# moral t"rpit"e( shall be is"alifie to be a caniate an to hol any office( "nless he hasbeen #i$en plenary paron or #rante amnesty%This is"alifications to be a caniate herein pro$ie shall be eeme remo$e "pon theeclaration by competent a"thority that sai insanity or incompetence ha been remo$e or after thee!piration of a perio of fi$e years from his ser$ice of sentence( "nless within the same perio hea#ain becomes is"alifie%

    Sec%

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    Section % The first elections of 9embers of the Con#ress "ner this Constit"tion shall be hel on thesecon 9onay of 9ay( ;73%The first local elections shall be hel on a ate to be etermine by the Presient( which may besim"ltaneo"s with the election of the 9embers of the Con#ress% It shall incl"e the election of all 9embersof the city or m"nicipal co"ncils in the 9etropolitan 9anila area% ,#rticle 3,,,&

    Section ?% The si!-year term of the inc"mbent Presient an Vice-Presient electe in the Febr"ary 3

    ;7< election is( for p"rposes of synchroni*ation of elections( hereby e!tene to noon of B"ne =8( ;;@%The first re#"lar elections for the Presient an Vice-Presient "ner this Constit"tion shall be hel on thesecon 9onay of 9ay( ;;@%

    Local 9overnment CodeSection 4@% Gate of Election% - Hnless otherwise pro$ie by law( the elections for local officials shall behel e$ery three ,=& years on the secon 9onay of 9ay%

    "# %&66Section % Statement of Policy% - It is the policy of the State to synchroni*e elections so that there shall besim"ltaneo"s re#"lar elections for national an local officials once e$ery three ,=& years%

    Section @% Gate of Elections% - In accorance with the policy hereinbefore state( there shall be an electionfor Presient( Vice-Presient( twenty-fo"r ,@4& Senators( all electi$e 9embers of the Do"se o1epresentati$es( an all electi$e pro$incial( city an m"nicipal officials on the secon 9onay of 9ay;;@% Thereafter( the Presient an Vice-Presient shall be electe on the same ay e$ery si! ,

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    inter$ene in his nomination or in the filin# of his certificate of caniacy or #i$e ai or s"pport( irectly orinirectly( material or otherwise fa$orable to or a#ainst his campai#n for election: Pro$ie( That thispro$ision shall not apply to the members of the family of a caniate within the fo"rth ci$il e#ree ofconsan#"inity or affinity nor to the personal campai#n staff of the caniate which shall not be more thanone for e$ery one h"nre re#istere $oters in his baran#ay: Pro$ie( howe$er( That witho"t pre'"ice toany liability that may be inc"rre( no permit to hol a p"blic meetin# shall be enie on the #ro"n that thepro$isions of this para#raph may or will be $iolate%

    6othin# in this section( howe$er( shall be constr"e as in any manner affectin# or constit"tin# animpairment of the freeom of ini$i"als to s"pport or oppose any caniate for any baran#ay office%

    Occena v. Comelec48. 'ostpone!ent of election, 4rounds.

    Omnibus Election CodeSec% ?% Postponement of election% - hen for any serio"s ca"se s"ch as $iolence( terrorism( loss orestr"ction of election paraphernalia or recors( force ma'e"re( an other analo#o"s ca"ses of s"ch anat"re that the holin# of a free( orerly an honest election sho"l become impossible in any politicas"bi$ision( the Commission( mot" proprio or "pon a $erifie petition by any intereste party( an after "enotice an hearin#( whereby all intereste parties are affore e"al opport"nity to be hear( shalpostpone the election therein to a ate which sho"l be reasonably close to the ate of the election not

    hel( s"spene or which res"lte in a fail"re to elect b"t not later than thirty ays after the cessation ofthe ca"se for s"ch postponement or s"spension of the election or fail"re to elect%

    "# %&66Section 4% Postponement( Fail"re of Election an Special Elections% - The postponement( eclaration offail"re of election an the callin# of special elections as pro$ie in Sections ?( < an 3 of the Omnib"sElection Coe shall be ecie by the Commission sittin# en banc by a ma'ority $ote of its members% Theca"ses for the eclaration of a fail"re of election may occ"r before or after the castin# of $otes or on theay of the election%In case a permanent $acancy shall occ"r in the Senate or Do"se of 1epresentati$es at least one ,& yeabefore the e!piration of the term( the Commission shall call an hol a special election to fill the $acancynot earlier than si!ty ,

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    Sec%

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    ,@& In case of the issol"tion of the /atasan# Pambansa( the Presient shall call an election which shalnot be hel earlier than forty-fi$e nor later than si!ty ays from the ate of s"ch issol"tion%The Commission shall sen s"fficient copies of its resol"tion for the holin# of the election to its pro$inciaelection s"per$isors an election re#istrars for issemination( who shall post copies thereof in at leastthree conspic"o"s places preferably where p"blic meetin#s are hel in each city or m"nicipality affecte%

    "# %&66! Section 4

    a7 9i

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    Sec% @

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    "# &=)(=>A6 ACT P1OVIGI65 FO1 LOCAL A/SE6TEE VOTI65 FO1 9EGIASEC% @% Local Absentee Votin# for 9embers of 9eia% The Commission on Elections shall e!ten theri#ht to $ote "ner the local absentee $otin# system pro$ie "ner e!istin# laws an e!ec"ti$e orers tomembers of meia( meia practitioners( incl"in# the technical an s"pport staff( who are "ly re#istere$oters an who( on election ay( may not be able to $ote "e to the performance of their f"nctions inco$erin# an reportin# on the elections: Pro$ie( That they shall be allowe to $ote only for the positions

    of Presient( Vice Presient( Senators an Party-List 1epresentati$e%

    6. Suffra4e for disa#led and illiterate %oters.Constitution! #rticle ! Section 8"# &=)66SEC% % Assistance in the Accomplishment of the /allot% A person with isability or senior citi*en who isilliterate or physically "nable to prepare the ballot by himself or herself may be assiste in the preparationof his or her ballot by a relati$e by consan#"inity or affinity within the fo"rth ci$il e#ree( or if he or she hasnone( by any person of his or her confience who belon#s to the same ho"sehol( or by any member ofthe /Els% For this p"rpose( the person who "s"ally assists the person with isability or senior citi*en( s"chas a personal assistant( a care#i$er or a n"rse shall be consiere a member of his or her ho"sehol:Pro$ie(That no $oter shall be allowe to ha$e an assistor on the basis of illiteracy or physical isability

    "nless it is so inicate in his or her re#istration recor% 6e$ertheless( if the physical inability to preparethe ballot is manifest( ob$io"s( or $isible( sai $oter shall be allowe to be assiste in accomplishin# theballot by a "alifie assistor( e$en if not state or inicate in the re#istration recor:Pro$ie( f"rther( Thatthe assistor m"st be of $otin# a#e%The assistor shall hin himself or herself in a formal oc"ment "ner oath to fill o"t the ballot strictly inaccorance with the instr"ctions of the $oter an not to re$eal the contents of the ballot prepare by him orher( an shall prepare the ballot for the $oter insie the $otin# booth% E!cept for the members of the /EIsno assistor can assist for more than three ,=& times% Any $iolation of this pro$ision shall constit"te anelection offense p"nishable "ner Section @

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    same in the boo2 of re#istere $oters "pon appro$al by the Election 1e#istration /oar#& Election 1e#istration /oar refers to the boy constit"te herein to act on all applications for re#istration

    Section ?% Election 1e#istration /oar%There shall be in each city an m"nicipality as many as Election1e#istration /oars as there are election officers therein% In thic2ly pop"late citiesm"nicipalities( theCommission may appoint aitional election officers for s"ch "ration as may be necessary%The /oar shall be compose of the Election Officer as chairman an as members( the p"blic schoo

    official most senior in ran2 an the local ci$il re#istrar( or in this absence( the city or m"nicipal treas"rer%In case of is"alification of the Election Officer( the Commission shall esi#nate an actin# Election Officerwho shall ser$e as Chairman of the Election 1e#istration /oar% In case of is"alification or non-a$ailability of the Local 1e#istrar or the 9"nicipal Treas"rer( the Commission shall esi#nate any otherappointi$e ci$il ser$ice official from the same locality as s"bstit"te%6o member of the /oar shall be relate to each other or to any inc"mbent city or m"nicipal electi$eofficial within the fo"rth ci$il e#ree of consan#"inity or affinity% If in s"cceein# elections( any of the newlyelecte city or m"nicipal officials is relate to a member of the boar within the fo"rth ci$il e#ree ofconsan#"inity or affinity( s"ch member is a"tomatically is"alifie to preser$e the inte#rity of the Election1e#istration /oar%E$ery re#istere party an s"ch or#ani*ations as may be a"thori*e by the Commission shall be entitleto a watcher in e$ery re#istration boar%

    Section @8% Appro$al an Gisappro$al of Application% The Election Officer shall s"bmit to the /oar allapplications for re#istration file( to#ether with the e$ience recei$e in connection therewith% The /oarshall( by ma'ority $ote( appro$e or isappro$e the applications%Hpon appro$al( the Election Officer shall assi#n a $oters ientification n"mber an iss"e the corresponin#ientification car to the re#istere $oter% If the /oar isappro$es the application( the applicant shall bef"rnishe with a certificate of isappro$al statin# the #ro"n therefor% In cases of appro$al or isappro$alany a##rie$e party may file a petition for e!cl"sion or incl"sion( as the case may be( with the prope9"nicipal or 9etropolitan Trial Co"rt as pro$ie for in this Act%

    ?ra v. #bano$. Sste! of continuin4 re4istration.

    "# (&(*Section 7% System of Contin"in# 1e#istration of Voters% The personal filin# of application of re#istration o$oters shall be con"cte aily in the office of the Election Officer "rin# re#"lar office ho"rs% 6ore#istration shall( howe$er( be con"cte "rin# the perio startin# one h"nre twenty ,@8& ays beforea re#"lar election an ninety ,;8& ays before a special election%

    a7 'eriod of re4istration.#:ba1an-?out; v. Comelec@abataan Part1 List v. Comelec

    &. 3e4istration, :urisdiction."# (&(*! Section &7

    1*. 3e4istration, ualifications, disualifications, procedure.Constitution! #rticle ! Section &Omnibus Election CodeSec% 7% Gis"alifications% - The followin# shall be is"alifie from $otin#:chanrobles$irt"allawlibrary,a& Any person who has been sentence by final '"#ment to s"ffer imprisonment for not less than oneyear( s"ch isability not ha$in# been remo$e by plenary paron or #rante amnesty: Pro$ie( howe$erThat any person is"alifie to $ote "ner this para#raph shall a"tomatically reac"ire the ri#ht to $ote"pon e!piration of fi$e years after ser$ice of sentence%,b& Any person who has been a'"#e by final '"#ment by competent co"rt or trib"nal of ha$in#committe any crime in$ol$in# isloyalty to the "ly constit"te #o$ernment s"ch as rebellion( seition(

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    $iolation of the anti-s"b$ersion an firearms laws( or any crime a#ainst national sec"rity( "nless restore tohis f"ll ci$il an political ri#hts in accorance with law: Pro$ie( That he shall re#ain his ri#ht to $otea"tomatically "pon e!piration of fi$e years after ser$ice of sentence%

    "# (&(*Section ;% ho may 1e#ister% All citi*ens of the Philippines not otherwise is"alifie by law who are atleast ei#hteen ,7& years of a#e( an who shall ha$e resie in the Philippines for at least one ,& year(

    an in the place wherein they propose to $ote( for at least si! ,

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    c& Insane or incompetent persons eclare as s"ch by competent a"thority "nless s"bse"ently eclareby proper a"thority that s"ch person is no lon#er insane or incompetent%

    Section @% Chan#e of 1esience to Another City or 9"nicipality% Any re#istere $oter who has transferreresience to another city or m"nicipality may apply with the Election Officer of his new resience for thetransfer of his re#istration recors%The application for transfer of re#istration shall be s"b'ect to the re"irements of notice an hearin# an

    the appro$al of the Election 1e#istration /oar( in accorance with this Act% Hpon appro$al of theapplication for transfer( an after notice of s"ch appro$al to the Election Officer of the former resience othe $oter( sai Election Officer shall transmit by re#istere mail the $oterNs re#istration recor to theElection Officer of the $oterNs new resience%

    Section =% Chan#e of Aress in the Same City or 9"nicipality% Any $oter who has chan#e his aressin the same city or m"nicipality shall immeiately notify the Election Officer in writin#% If the chan#e ofaress in$ol$es a chan#e in precinct( the /oar shall transfer his re#istration recor to the precinct boo2of $oters of his new precinct an notify the $oter of his new precinct All chan#es of aress shall bereporte to the office of the pro$incial election s"per$isor an the Commission in 9anila%

    Section 4% Illiterate or Gisable Applicants% Any illiterate person may re#ister with the assistance of the

    Election Officer or any member of an accreite citi*enNs arms% The Election Officer shall place s"chilliterate person "ner oath( as2 him the "estions( an recor the answers #i$en in orer to accomplishthe application form in the presence of the ma'ority of the members of the /oar% The Election Officer orany member of an accreite citi*enNs arm shall rea the accomplishe form alo" to the person assistean as2 him if the information #i$en is tr"e an correct The accomplishe form shall be s"bscribe by theapplicant in the presence of the /oar by means of th"mbmar2 or some other c"stomary mar2 an it shalbe s"bscribe an atteste by the ma'ority of the members of the /oar%The attestation shall state the name of the person assiste( the name of the Election Officer or themember of the accreite citi*enNs arm who assiste the applicant( the fact that the Election Officer placethe applicant "ner oath( that the Election Officer or the member of the accreite citi*enNs arm whoassiste the applicant rea the accomplishe form to the person assiste( an that the person assisteaffirme its tr"th an acc"racy( by placin# his th"mbmar2 or some other c"stomary mar2 on the application

    in the presence of the /oar%The application for re#istration of a physically isable person may be prepare by any relati$e within thefo"rth ci$il e#ree of consan#"inity or affinity or by the Election Officer or any member of an accreiteciti*enNs arm "sin# the ata s"pplie by the applicant% The fact of illiteracy or isability shall be so inicatein the application%

    a7 3esidence"omualde5 v. "TC

    11. eacti%ation, reacti%ation and cancellation of re4istration."# (&(*Section @3% Geacti$ation of 1e#istration% The boar shall eacti$ate the re#istration an remo$e the

    re#istration recors of the followin# persons from the corresponin# precinct boo2 of $oters an place thesame( properly mar2e an ate in inelible in2( in the inacti$e file after enterin# the ca"se or ca"ses ofeacti$ation:a& Any person who has been sentence by final '"#ment to s"ffer imprisonment for not less than one ,&year( s"ch isability not ha$in# been remo$e by plenary paron or amnesty: Pro$ie( howe$er( That anyperson is"alifie to $ote "ner this para#raph shall a"tomatically reac"ire the ri#ht to $ote "pone!piration of fi$e ,?& years after ser$ice of sentence as certifie by the cler2s of co"rts of the9"nicipal9"nicipal Circ"it9etropolitan1e#ional Trial Co"rts an the Sani#anbayan0b& Any person who has been a'"#e by final '"#ment by a competent co"rt or trib"nal of ha$in#ca"secommitte any crime in$ol$in# isloyalty to the "ly constit"te #o$ernment s"ch as rebellionseition( $iolation of the anti-s"b$ersion an firearms laws( or any crime a#ainst national sec"rity( "nless

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    restore to his f"ll ci$il an political ri#hts in accorance with law0 Pro$ie( That he shall re#ain his ri#ht to$ote a"tomatically "pon e!piration of fi$e ,?& years after ser$ice of sentence0c& Any person eclare by competent a"thority to be insane or incompetent "nless s"ch is"alificationhas been s"bse"ently remo$e by a eclaration of a proper a"thority that s"ch person is no lon#erinsane or incompetent0& Any person who i not $ote in the two ,@& s"ccessi$e precein# re#"lar elections as shown by their$otin# recors% For this p"rpose( re#"lar elections o not incl"e the San##"nian# +abataan ,S+

    elections0e& Any person whose re#istration has been orere e!cl"e by the Co"rt0 anf& Any person who has lost his Filipino citi*enship%For this p"rpose( the cler2s of co"rt for the 9"nicipal9"nicipal Circ"it9etropolitan1e#ional Trial Co"rtsan the Sani#anbayan shall f"rnish the Election Officer of the city or m"nicipality concerne at the en ofeach month a certifie list of persons who are is"alifie "ner para#raph ,a& hereof( with theiaresses% The Commission may re"est a certifie list of persons who ha$e lost their Filipino Citi*enshipor eclare as insane or incompetent with their aresses from other #o$ernment a#encies%The Election Officer shall post in the b"lletin boar of his office a certifie list of those persons whosere#istration were eacti$ate an the reasons therefor( an f"rnish copies thereof to the local heas ofpolitical parties( the national central file( pro$incial file( an the $oter concerne%

    Section @7% 1eacti$ation of 1e#istration% Any $oter whose re#istration has been eacti$ate p"rs"ant tothe precein# Section may file with the Election Officer a sworn application for reacti$ation of hisre#istration in the form of an affia$it statin# that the #ro"ns for the eacti$ation no lon#er e!ist any timeb"t not later than one h"nre twenty ,@8& ays before a re#"lar election an ninety ,;8& ays before aspecial election%The Election Officer shall s"bmit sai application to the Election 1e#istration /oar for appropriate action%In case the application is appro$e( the Election Officer shall retrie$e the re#istration recor from theinacti$e file an incl"e the same in the corresponin# precinct boo2 of $oters% Local heas orepresentati$es of political parties shall be properly notifie on appro$e applications%

    Section @;% Cancellation of 1e#istration% The /oar shall cancel the re#istration recors of those who ha$eie as certifie by the Local Ci$il 1e#istrar% The Local Ci$il 1e#istrar shall s"bmit each month a certifie

    list of persons who ie "rin# the pre$io"s month to the Election Officer of the place where the eceaseare re#istere% In the absence of information concernin# the place where the ecease is re#istere( thelist shall be sent to the Election Officer of the city or m"nicipality of the eceaseNs resience as appearin#in his eath certificate% In any case( the Local Ci$il 1e#istrar shall f"rnish a copy of this list to the nationacentral file an the proper pro$incial file%The Election Officer shall post in the b"lletin boar of his office a list of those persons who ie whosere#istrations were cancelle( an f"rnish copies thereof to the local heas of the political parties( thenational central file( an the pro$incial file%

    "# &=)6%Section 3% Geacti$ation% Voters who fail to s"bmit for $aliation on or before the last ay of filin# ofapplication for re#istration for p"rposes of the 9ay @8< elections shall be eacti$ate p"rs"ant to this Act

    "# (&(*Section 7% Challen#es to 1i#ht to 1e#ister% Any $oter( caniate or representati$e of a re#istere politicaparty may challen#e in writin# any application for re#istration( statin# the #ro"ns therefor% The challen#eshall be "ner oath an be attache to the application( to#ether with the proof of notice of hearin# to thechallen#er an the applicant%Oppositions to contest a re#istrantNs application for incl"sion in the $oterNs list m"st( in all cases( be filenot later than the secon 9onay of the month in which the same is sche"le to be hear or processeby the Election 1e#istration /oar% Sho"l the secon 9onay of the month fall on a non-wor2in# holiay(oppositions may be file on the ne!t followin# wor2in# ay% The hearin# on the challen#e shall be hear onthe thir 9onay of the month an the ecision shall be renere before the en of the month%

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    Section @8% Appro$al an Gisappro$al of Application% The Election Officer shall s"bmit to the /oar allapplications for re#istration file( to#ether with the e$ience recei$e in connection therewith% The /oarshall( by ma'ority $ote( appro$e or isappro$e the applications%Hpon appro$al( the Election Officer shall assi#n a $oters ientification n"mber an iss"e the corresponin#ientification car to the re#istere $oter% If the /oar isappro$es the application( the applicant shall bef"rnishe with a certificate of isappro$al statin# the #ro"n therefor% In cases of appro$al or isappro$al

    any a##rie$e party may file a petition for e!cl"sion or incl"sion( as the case may be( with the prope9"nicipal or 9etropolitan Trial Co"rt as pro$ie for in this Act%

    Section =@% Common 1"les 5o$ernin# B"icial( Proceein#s in the 9atter of Incl"sion( E!cl"sion( anCorrection of 6ames of Voters%a& Petition for incl"sion( e!cl"sion or correction of names of $oters shall be file "rin# office ho"rs0b& 6otice of the place( ate an time of the hearin# of the petition shall be ser$e "pon the members of the/oar an the challen#e $oter "pon filin# of the petition% Ser$ice of s"ch notice may be mae by senin#a copy thereof by personal eli$ery( by lea$in# it in the possession of a person of s"fficient iscretion in theresience of the challen#e $oter( or by re#istere mail% Sho"l the fore#oin# proce"res not bepracticable( the notice shall be poste in the b"lletin boar of the city or m"nicipal hall an in two ,@& otheconspic"o"s places within the city or m"nicipality0

    c& A petition shall refer only to one ,& precinct an implea the /oar as responents0& 6o costs shall be assesse a#ainst any party in these proceein#s% Dowe$er( if the co"rt sho"l finthat the application has been file solely to harass the a$erse party an ca"se him to inc"r e!penses( itshall orer the c"lpable party to pay the costs an inciental e!penses0e& Any $oter( caniate or political party who may be affecte by the proceein#s may inter$ene anpresent his e$ience0f& The ecision shall be base on the e$ience presente an in no case renere "pon a stip"lation ofacts% If the "estion is whether or not the $oter is real or fictitio"s( his non-appearance on the ay set forhearin# shall be prima facie e$ience that the challen#e $oter is fictitio"s0 an#& The petition shall be hear an ecie within ten ,8& ays from the ate of its filin#% Cases appealeto the 1e#ional Trial Co"rt shall be ecie within ten ,8& ays from receipt of the appeal% In all cases(the co"rt shall ecie these petitions not later than fifteen ,?& ays before the election an the ecision

    shall become final an e!ec"tory%

    Section ==% B"risiction in Incl"sion an E!cl"sion Case% The 9"nicipal an 9etropolitan Trial Co"rts shalha$e ori#inal an e!cl"si$e '"risiction o$er all cases of incl"sion an e!cl"sion of $oters in theirespecti$e cities or m"nicipalities% Gecisions of the 9"nicipal or 9etropolitan Trial Co"rts may be appealeby the a##rie$e party to the 1e#ional Trial Co"rt within fi$e ,?& ays from receipt of notice thereof%Otherwise( sai ecision shall become final an e!ec"tory% The re#ional trial co"rt shall ecie the appeawithin ten ,8& ays from the time it is recei$e an the ecision shall immeiately become final ane!ec"tory% 6o motion for reconsieration shall be entertaine%

    Section =4% Petition for Incl"sion of Voters in the List% Any person whose application for re#istration hasbeen isappro$e by the /oar or whose name has been stric2en o"t from the list may file with the co"rt a

    petition to incl"e his name in the permanent list of $oters in his precinct at any time e!cept one h"nrefi$e ,8?& ays prior to a re#"lar election or se$enty-fi$e ,3?& ays prior to a special election% It shall bes"pporte by a certificate of isappro$al of his application an proof of ser$ice of notice of his petition"pon the /oar% The petition shall be ecie within fifteen ,?& ays after its filin#%If the ecision is for the incl"sion of $oters in the permanent list of $oters( the /oar shall place theapplication for re#istration pre$io"sly isappro$e in the corresponin# boo2 of $oters an inicate in theapplication for re#istration the ate of the orer of incl"sion an the co"rt which iss"e the same%

    12. Inclusion and e

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    Commission in 9anila consistin# of the thir copies of all appro$e $oter re#istration recors in each cityor m"nicipality% It shall be compile by precinct in each citym"nicipality an arran#e alphabetically bys"rname so as to ma2e the file a replica of the boo2 of $oters in the possession of the Election OfficerThereafter a national list shall be prepare followin# the alphabetical arran#ements of s"rnames of $oters%There shall be a national file consistin# of the comp"teri*e $otersN list ,CVL&( both in print an in is2ettes"bmitte by the Election Officers in each city an m"nicipality concerne( "ner the c"stoy of theCommission in 9anila%

    The comp"teri*e $otersN list shall ma2e "se of a sin#le an "niform comp"ter pro#ram that will ha$e aetaile sortin# capability to list $oters alphabetically by the precincts where they $ote( by the baran#aysm"nicipalities( cities or pro$inces where they resie an by their $oters ientification n"mber ,VI6&%

    ConstitutionC% Section @ ,=&% Gecie( e!cept those in$ol$in# the ri#ht to $ote( all "estions affectin# elections( incl"in#etermination of the n"mber an location of pollin# places( appointment of election officials an inspectors(an re#istration of $oters% ,#rticle ,3&

    Pun+utan v. #buba:ar0omino v. Comelec

    1/. Nature of %oter=s re4istration records."# (&(*Section =;% Ann"lment at /oo2 of Voters% The Commission shall( "pon $erifie petition of any $oter orelection officer or "ly re#istere political party( an after notice an hearin#( ann"l any boo2 of $oters thatis not prepare in accorance with the pro$isions of this Act or was prepare thro"#h fra"( briberyfor#ery( impersonation( intimiation( force or any similar irre#"larity( or which contains ata that arestatistically improbable% 6o orer( r"lin# or ecision ann"llin# a boo2 of $oters shall be e!ec"te withinninety ,;8& ays before an election%

    "# &=)6%Section ;% Gatabase Sec"rity% The atabase #enerate by biometric re#istration shall be sec"re by theCommission an shall not be "se( "ner any circ"mstance( for any p"rpose other than for electora

    e!ercises%

    Comelec Minute "es. $o. &)-&&)8! Oct. &%! 8=&)

    1. Annul!ent of list of %oters."# (&(*Atutalum v. ComelecSaran+ani v. Comelec


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