Election Laws Reviewer.pdf

8/9/2019 Election Laws Reviewer.pdf

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Election Laws Reviewer

Definition:

Suffrage – the right and obligation of

qualified citizens to vote in the election of

certain national and local of the

government and in the decisions of public

questions submitted to the people. It

includes within its scope: election,

plebiscite, initiative, referendum and recall.

Election – the means by which the people

choose their officials for a definite and fixed

period and to whom they entrust for the

time being as their representatives the

exercise of the powers of the government, It

involves the choice of selection of

candidates to public office by popular vote.

Plebiscite – a vote of the people expressing

their choice for against a proposed law or

enactment submitted to them. An election

at which any proposed amendment to or

revision of the Constitution is submitted to

the people for their ratification. A

constitutional requirement o secure the

approval of the people directly affected,

before certain proposed changes affecting

local governments units may beimplemented.

Initiative – it is the process by which the

registered voters directly propose, amend

laws, national or local, though an election

called for the propose. Amendments to the

Constitution may likewise be directly

proposed by the people though initiative.

Referendum- it is at he submission of a law

pass by the national or local legislative body

to the registered voters of an election called

for the purpose for their ratification or

rejection.

Recall- it is a method by which a public

officer may be removed from office during

his tenure or before the expiration of his

term by a vote of the people after

registration of a petition singed by a

required percentage of the qualified voters.

Since the right of suffrage is a political and

not a natural right, it is within the power of

the state prescribe the manner in which

such right shall be exercised. Congress is

mandated by the Constitution (Sec.2, Art.

V):

To provide a system for securing the

secrecy and sanctity of the ballot, and for

absentee voting by qualified Filipinos

abroad, and

To design a procedure for the disabled and

the illiterate to vote without the assistance

of other persons.

THE COMMISSION ON ELECTIONS

Composition, Qualifications, Appointment,

Term of Office

The COMELEC is composed of a chairman

and six (6) Commission, The Chairman and

the Members of the Commission shall be:

• natural -born citizens of the Philippines

• at least thirty -five years of age

• holders of a college degree

• must not have been candidates for any

elective position in the immediately

preceding election

• majority thereof, including the Chairman

shall be members of the Philippines Bar

who have been engaged in the practice of

law for at least 10 years (reason: COMELEC

exercises quasi-judicial powers)

The Chairman and Members are appointed

by the president with the consent of the

commission on Appointment for the term


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seven (7) years without reappointment on a

staggered basis to make the COMELEC a

continuing and self-perpetuating body.

Consequently, its members would have the

benefit of the experience and expertise of

the order members of the performance of its

functions, and makes for greater

responsibility for its policies and decisions

and serve as guarantee against arbitrary

action which is likely to occur in a body

handling partisans questions.

A member appointment and designations in

temporary or acting capacity are not

allowed to preserve its independence.

Disabilities, inhibitions\disqualifications

1. Shall not, during tenure, hold any other

office or employment

2. Shall not engage in the practice of

profession

3. Shall not engage in active management

or control of any business which in any ay

may be affected by the functions of his

office

4. Shall not be financially interested,

directly or indirectly, in any contract with,

or in any franchise or privilege granted by

the Government, any of its subdivisions,

agencies or instrumentalities, including

GOCC s or their subsidiaries.

Safeguards to insure the independence of

the COMELEC

It is constitutionally created; may not be

abolished by statute

It is expressly described as “independent”

It is conferred with certain powers and

functions which cannot be reduced by

statute.

The chairman and members cannot be

removed except by impeachment.

The chairman and members are given fairly

long term of office of seven years.

The chairman and members may not be

reappointed or appointed in an acting

capacity.

The salaries of the chairman and members

are relatively high and may not be

decreased during continuance in office.

The COMELEC enjoy fiscal autonomy.

The COMELEC may promulgate its own

procedural rules, provided they do not

diminish, increase or modify substantive

rights (though subject to disapproval by the

Supreme Court)

The Chairman and Members are subject to

certain disqualifications calculated to

strengthen their integrity.

The COMELEC may appoint their ownofficials and employees in accordance with

Civil Service Laws.

En Banc & Division Cases

SEC 3, ART IX-C “The COMELEC may sit

en banc or in two divisions, and shall

promulgate its rules of procedure in order

to expedite disposition of election cases,

including pre-proclamation controversies.

All such election cases shall be heard and

decided in division, provided that motions

for reconsideration of decision shall be

decided by COMELEC en banc”

The Supreme Court set aside the

resolutions/decisions of the COMELEC

because dthe COMELEC en banc tokk

original cognizance of the cases without


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referring them first to the appropriate

Division (Sarmiento vs. COMELEC 212

SCRA 307; Zarate vs COMELEC, 318 SCRA

608)

Interlocutory orders issued by a division of

the COMELEC cannot be elevated to the

COMELEC en banc. (Kho vs. COMELEC,

279 SCRA 463)

The following cases must be decided in

Division before they may be heard en bnc

on motion for reconsideration:

• Petition to cancel a certificate of

candidacy. (Garvida vs. Sales, 271 SCRA

764)

• Cases appealed from the RTC or MTC

(Zarate vs. COMELEC,318 SCRA 608)

• Petition for certiorari involving incidental

issues of election protest.(Soller vs.

COMELEC,339 SCRA 685)

The COMELEC en banc, however, may

directly assume jurisdiction over petitions

for correction of manifest errors in thetabulation or tallying of results (Ststement

of votes) by the Board of Canvassers,

notwithstanding that the same is a pre-

proclamation comtroversy. Section 5, Rule

27 of the 1993 Rules of the COMELEC

expressly provides that pre-proclamation

controversies involving correction of

manifest errors in the tabulation of results

may be filed directly with the COMELELEC

cen banc. (Torres vs. COMELEC,270 SCRA

583; Ramirez vs. COMELEC,270 SCRA 590)

The COMELEC en banc determines the

existence of probable cause.(Faelnar vs.


DECISIONS

ART IX-A, Section 7 “Each

commission(COMELEC) shall decide by a

majority vote of all its Members any case or

matter brought before it within sixty days

from date of its submission for decision or

resolution. A case or matter is deemed

submitted for decision or resolution upon

the filing of the last pleading, brief, or

memorandum required by the rules of the

Commission or by the Commission itself.

Unless otherwise provided by the

Commission or by law; any decision, order,

or ruling of each Commission may be

brought to the Supreme Court on certiorari

by the aggrieved party within 30 days from

receipt of a copy thereof.”

The COMELEC shall decide by a majority

vote of all its members in any case or

matter brought before it within 60 days

from date of its submission for decision or

resolution. Two members shall constitute a

quorum for the transaction of the official

business of the Division. A case being heard

by it shaa be decided with the unanimous

concurrence ofc all three Commissioners

and its decision shall be considered a

decision of the commission. If this requirednumber is not obtained, as when there is a

dissenting opinion, the case may be

appealed to the Commission en banc, in

which case the vote of the majority shall be

the decision of the Commisssion.

The court holds that 2-1 decision rendered

by the First Division was a valid decision

under ART IX-A ,Section 7 of the

Constitution. Furthermore, the three

members who voted to affirm the First

Division constituted a majority of the five

members who deliberated and voted

thereon en banc and their decision is also

valid under the aforecited constitutional

provisions. (Cua vs. COMELEC, 156 SCRA

587)


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One who is no longer a member of the

COMELEC at the time the final decision or

resolution is promulgated cannot validly

take part in that resolution or

decision,much more could he be the

ponente of the resolution or decision.(Ambil

vs. COMELEC, 344 SCRA 358)

RULES OF PROCEDURE

The COMELEC en banc may promulgate its

own rules concerning pleadinga and

practice before it or before any of its offices.

Such rules, however, shall not

diminish,increase or modify substantive

rights. The Rules of Court applies

suppletorily to proceedings before the

COMELEC. (Paangarungan vs.COOMELEC,216 SCRA 522)

CONSTITUTIONAL POWERS AND

FUNCTIONS

• Enforce and administer laws relative to

conduct of elections

The regular courts have no jurisdiction to

entertain a petition to enjoin the

construction of public works projects within45 days before an election.(Gallardo vs.

Tabamo,218 SCRA 253)

• Decide election contests involving

regional, provincial and city officials

ELECTION CONTEST refers to the

adversary proceedings before which matters

involving the title or claim to an elective

office made before or after proclamation of

the winner,is settled whether or not the

contestant is claiming the office in dispute.

It is neither a civilk action nor crimianal

proceeding;it is a summary proceeding of a

political character. Its purpose is to

ascertain the candidate lawfully elected to

office.(Javier vs. COMELEC,144 SCRA 194)

The COMELEC has exclusive appellate

jurisdiction over,inter alia, contest involving

elective barangay officials decided by trial

courts of limited jurisdiction.(Beso vs.

abolla,327 SCRA 100)

The provision of RA 6679 granting appellate

jurisdiction to the RTC over decisions of

MTCs in electoral cases involving elective

barangay officials is unconstitutional.

(Flores vs. COMELEC,184 SCRA 484)

The COMELEC is the proper appellate court

clothed with jurisdiction to hear the appeal,

which must first be filed wiyhin 5 days after

the promulgation of the MTCs

decision(Antonio vs. COMELEC,315 SCRA

62)

The election of SK are goverened by the

Omnibus Election Code. Any contest

relating to the election of the SK (including

the chairman whether pertaining to their

eligibility or the manner of their election is

cognizable by MTCs,MTCCs, and MeTCs. It

is the proclamation which marks off the

jurisdiction of the courts from the

jurisdiction of election officials. (Marquez


The COMELEC has appellate jurisdiction

over election protest cases involving elective

municipal officials decided by courts of

general jurisdiction. (Carlos vs. Angeles,346

SCRA 671)

• Decide all questions affecting elections

The COMELEC has no jurisdiction over

questions involving the right to vote which

includes qualifications and disqualifications

of voters, the right of a person to be

registered as voter, the right to cast his

vote, and other allied questions. Such

questions shall be decided by the courts.(

Naciionalista Party vs. COMELEC, 84 Phil

49)


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Election contests involving elections of SK

officials do not fall within section 252 of the

OEC and paragraph 2,section ART.IX-C of

the Constitution and no law in effect prioir

tom the ratification of the constitution has

made the SK Chairman an elective

barangay official. SK elections are under

the direct control and supervision of the

DILG. (Ahman vs. Mirasol,276 SCRA 501)

Decisions/determinations made by the

COMELEC in the exercise of this power,

being merely administrative(not quasi

judicial) in character, may be questioned in

an ordinary civil action before the trial

courts.(Filipinas Engineering vs. Ferrer,135

SCRA 25)

• Deputize law enforcement agencies withthe concurrence of the President

• Register political parties and accredit its

citizens arms

• File petitions, investigate and prosecute

• Recommend measures to improve election

laws

• Recommend the imposition of disciplinaryaction upon an employee it has deputized

for violation of its order.

Since the COMELEC can recommend that

disciplinary action be taken against an

officer it had deputized, idt can investigate

an administrative charge against such an

officer to determine whether or not it

should recommend that disciplinary action

can be taken against him (Tan vs.


• Regulation of public entities and media-

Section 4, IX-C “The Commission may,

during the election period, supervise or

regulate the enjoyment or utilization of all

franchises or permits for the operation of

transportation and other public utilities,

media of communication or information, all

grants special privileges, or concessions

granted by the Government or any

subdivision, agency or instrumentality

thereof, including any government-owned

or controlled corporation or its subsidiary.

Such supervision or regulation shall aim to

ensure equal opportunity, time, and space

and the right to reply, including reasonable

equal rates therefor, for public information

campaigns and forums among candidates

in connection with the objective of holding

free, orderly, honest, peaceful, and credible

elections.

The authority given to the COMELEC is to

be exercised ofr the purpose of ensuring

free, orderly, honest, peaceful and credibleelections and only during the election

period. Note that GOCCs are among those

that may be supervised and regulated by

the COMELEC.

The SC upheld the validity of Section 11(b),

RA 6646, prohibiting the sale odr donation

of print space or airtime for political

advertisements, and the authority of the

COMELEC to procure print space (upon

payment of just compensation) and freeairtime for allocation to

candidates.(Telecommunication and

Broadcast Attorneys of the Philippines vs.


An exit poll is a species of electoral survey

conducted by qualified individuals or

groups of individuals for the purpose of

determining the probable result of an

election by confidentially asking randomly

selected voters whom they have voted for,

immediately after they have officially cast

their ballot.(ABS-CBN Broadcasting

corporation vs. COMELEC,323 SCRA 811)

An absolute prohibition would be

unreasonably restrictive,because it

effectively prevents the use of exit poll data

not only for election-day projections,but


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also for long term research. The COMELEC

concern with the possible non

communicative effect of exit polls-disorder

and confusion in the voting centers- does

not justify a total ban on them. The holding

of exit polls and the dissemination of their

results through mass media constitute an

essential part of freedom of speech and of

the press. The reason behind the principle

of ballot secrecy is to avoid vote buying

through voter identification (ABS-CBN

Broadcasting Corporation vs. COMELEC)

The SC held that SEC 5.4 of the Fair

Election Act prohibiting publication of

survey results 15 days immediately

preceding a national election and 7 days

before a local election violates theconstitutional rights of

speech,expression,and the press because:

a. It imposes prior restraint on the freedom

of expression;

b. It is a direct and total suppression of the

category of expression even though such

suppression is only for a limited period; and

c. The governmental interest sought to be

promoted can be achieved by means other

than the suppression of freedom of

expression. (Social Weather Station vs.Comelec, GR No. 147571, May 5,2001)

• Make minor adjustments of the

apportionment of legislative districts.

This refers mainly to the power to correct

an error because of the omission of a

municipality or an error in the name of a

municipality and does not include the

power to make a reappointment of

legislative districts. (Montejo vs.


• Adjust the apportionment in a case of

creation of new provinces or cities.

The COMELEC is merely authorized to

adjust the number of congressmen

apportioned to an old province if a new

province is created out of it and does not

authorize the COMELEC to transfer

municipalities from one legislative district

to another. (Montejo,supra)

• Pardon violators of election laws.

• Promulgate rules of procedure concerning

pleadings and practice before it or any of its

offices.

• Submit report on how a previous elections

was conducted.

STATUTORY POWERS

1. Power to declare failure of election and

call for special election.

2. Exclusive original jurisdiction over all

pre-proclamation controversies.

3. Issue writs of certiorari, prohibition

The COMELEC has the authority to issue

extraordinary writs of certiorari, prohibition

and mandamus in aid of its exclusive

appellate jurisdiction.

Both the SC and the COMELEC haveconcurrent jurisdiction to issue writs of

certiorari, prohibition, and mandamus over

decisions of trial courts of general

jurisdiction in election cases involving

elective municipal officials. The court takes

jurisdiction first shall exercise exclusive

jurisdiction over the case. (Carlos vs.

Angeles, 346 SCRA 571)

4. Summons parties to a controversy

pending before it

5. Enforce and execute its decisions and

orders

6. Punish contempts provided for in the

Rules of Courts.


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The COMELEC has the power to cite for

contempt, but this power may be exercised

only while the COMELEC is engaged in the

performance of quasi-judicial functions and

not administrative functions.(Guevarra vs.

COMELEC, 104 PHIL 269 and Masangcay


7. Promulgate rules and regulations

implementing the Election Code

8. Exercise direct and immediate

supervision and control over officials

required to perform duties relative to the

conduct of election.

9. Prescribe forms to be used in the election

10. Procure any supplies, equjipment,

materials or services needed for the holding

of election

11. Prescribe the use or adoption of the

latest technological and electronic devices

12. Carry out continuing and systematic

campaign to educate the public about

elections

13. Fix other reasonable periods for certain

pre-election requirements.

14. Enlist non-partisan groups to assist.

JUDICIAL REVIEW OF DECISIONS

Any decision, order or ruling of the

COMELEC en banc may be brought to the

SC on certiorari by the aggrieved party

within 30m days from receipt of the copy

thereof. When the Supreme Court reviews a

decision of the COMELEC, the court

exercises extraordinary jurisdiction, thus

the proceeding is limited to issues involving

grave abuse of discretion resulting in lack

or excess of jurisdiction and does not

ordinarily empower the court to review the

factual findings of the COMELEC. (Aratuc

vs. COMELEC,88 SCRA 251)

The mode by which a decision, order or

ruling en banc may be elevated to the SC is

the civil action of certiorari under Rule 65

of the 1964 Revised Rules of Court, now

expressly provided in Rule 64, 1997 Rules

of Civil Procedure, as amended. (Ambil vs.

COMELEC,344 SCRA358)

A special civil action for certiorari is the

proper remedy to question any final order,

ruling and decision of the COMELEC

rendered in the exercise of its adjudicatory

or quasi-judicial powers.(Guerero vs.


What is contemplated by the term “final

orders, rulings and decisions” of the

COMELEC reviewable by certiorari by theSuprerme Court as provided by law are

those rendered in actions or proceedings

before the COMELEC and taken cognizance

of by the said body in the exercise of its

adjudicatory (or quasi-judicial) powers.

(Salva vs. Makalintal, 340 SRA 506)

COMELEC Resolution No. 2987 which

provides for the rules and regulations

governing the conduct of plebiscite, is not

issued pursuant to the COMELEC’s quasi-

judicial functions but merely as an incidentof its inherent administrative functions over

the conduct of plebiscites, and any question

pertaining to the validity of said resolution

may be well taken in an ordinary civil

action before the trial courts.(Salva ,supra)

The alleged nature or the COMELEC to

implement its resolution ordering the

deletion of a candidate’s name in the list of

qualified candidates does not call for the

exercise of the SC’s function of judicial

review as it is undoubtedly administrative

in nature, beyond judicial

interference.(Chavez vs. COMELEC, 211

SCRA 315)

A resolution of the COMELEC awarding a

contract for the supply of voting booths to a

private party, as a result of its choice

among various proposals submitted in

response to its invitation to bid, is not


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reviewable by certiorari as it is not order

rendered in the legal controversy before it

but merely as incident to its inherent

administration functions over the conduct

of elections. Any question arising from said

order may be taken in an ordinary civil

action. (Filipinas Engineering vs.

COMELEC, 344 SCRA 358)

The Supreme Court has no power to review

via certiorari, an interlocutory order or even

a final resolution of a Division of the

COMELEC. (Ambil vs. COMELEC, 244

SCRA 358)

A decision, order or resolution of a division

of the COMELEC must be reviewed by the

COMELEC en banc decision may bebrought to the supreme Court on certiorari.

(Ambil vs. COMEL, 358)

VOTERS: QUALIFICATION AND

REGISTRATION

Qualification for Suffrage

Filipino citizenship- it may be by birth or

naturalization.

Age- a person may be registered as a voter

although he is less than 18 years at the

time of registration if he will be at least 18

on the day of election.

Residence- at least 1 year in the

Philippines, and at least 6 months where he

proposes to vote immediately preceding the

election. Any person who, on the days of

registration may not have been reached the

required period of residence but who, on

the day of election shall possess such

qualification, may register as voter.

No literacy, property or other substantive

requirement shall be imposed on the

exercise of suffrage.

Any person who temporarily resides in

another city municipality or country solely

by reason of occupation, profession,

employment in public or private service,

educational activities, work in the military

or naval reservations within the Philippines,

service in the AFP, PNP or confinement or

detention in government institutions, shall

not deemed to have lost his original

residence. (Sec. 9, RA 8189)

In election cases, the Supreme Court treats

domicile and residence and residence as

synonymous terms. In order to acquire a

new domicile by choice, there must concur

(1) residence or bodily presence in the new

locality;(2) an intention to remain there;

and (3) an intention to abandon the old

domicile. The residence at the place chosen

for the new domicile must be actual.

(Romualdez vs. RTC,226 SCRA 406)

Disqualifications

1. Any person sentenced by the final

judgment to suffer imprisonment for notless than one year.

2. Any person adjudged by the final

judgment of having committed

(a) any crime involving disloyalty to the

government or

(b) any crime against national security

(c) firearms laws.

3. Insane or incompetent persons as

declared by competent authority.

Removal of disqualification for conviction

• Plenary pardon

• Amnesty


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• Lapse of 5yaers after service of sentence

(Sec.111, RA 8189)

System of Continuing Registration

The personal filing o application of

registration of voters shall be conducted

daily in the office of the Election Office

during regular office hours. No registration

shall, however, be conducted during the

period starting 120 days before a regular

election and 90 days before a special

election. (Sec. 8, RA 8189)

The Supreme Court upheld the validity of

the COMELEC resolution denying the

petition of certain youth sectors to conduct

a special registration: “Petitioners were notdenied the opportunity to avail of the

continuing registration under RA 8189..the

law aids the vigilant and not those who

slumber on their rights…

“In a representative democracy the right of

suffrage, although afforded a prime niche in

the hierarchy of right embodied in the

fundamental law., ought to be exercised

within the proper bounds frames and

framework of the Constitution and mustproperly yield to pertinent laws skillfully

enacted by the Legislature…”

“The right of suffrage ardently invoked by

herein petitioners is not at all absolute…the

exercise of suffrage, as the enjoyment of all

other rights subject to existing substantive

and procedural requirement embodied in

our Constitution, statute books and other

repositories of law.” (AKBAYAN – Youth et

al. vs. COMELEC GR No. 147066, March

26, 2001)

Inclusion and Exclution Cases

1. Jurisdiction

i. Municipal or Metropolitan Trial Court –

original and exclusive Jurisdiction\

ii. Regional Trial Court – appellate

jurisdiction (5 days) (Sec. 33, RA 8189)

iii. Supreme Court – appellate jurisdiction

over RTC on question of law (15 days) [Sec.

5(2)(e), Art. VIII, PC; Sec. 2, Rule 45 of the

Rules of Court.]

2. Petitioners

a. Inclusion

Private person whose application was

disapprove by the Election Registration

Board or whose name was stricken out

from the list of waters (Sec. 34, RA 8189)

COMELEC [Sec. 2(6), Art. IX-C, PC]

b. Exclusion

i. Any registered voter in city or

municipality

ii. Representative of political party

iii. Election Officer (Sec. 39, RA 8189)

iv. COMELEC [Sec. 2(6), Art. IX – C, PC]

3. Period for Filing

a. Inclusion – Any day except 105 daysbefore regular election or 75 days before a

special election. (Sec. 24, RA 8189)

b. Exclusion – Any time except 100 days

before a regular election or 65 days before

special election. (Sec. 35 RA 8189)

4. Procedure

a. Petition for exclusion shall be sworn (Sec.

35 , RA 8189)

b. Each petition shall refer only to only one

precinct. (Sec. 35, RA 8189)

c. Notice

i. Parties to be notified

5. Inclusion – Election Registration Board

i. ii Exclusion –

6. Election Registration Board

7. Challenged voters [Sec. 32(b), RA 8189]


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8. Manner

Notice stating the place day and hour of

hearing shall be served through any of the

following means:

• Registered mail

• Personal delivery

• Leaving copy in possession of sufficient

discretion in residence.

• Posting in city hall or municipal hall and

two other conspicuous places in the city or

municipality at least 10 days before the

hearing (Sec. 32(b), RA 8189)

Any voter, candidate or political party

affected may intervene. (Sec. 32c, RA 8189)

Non-appearance is prima facie evidence theregistered voter is fictitious (Sec. 32 (f), RA

8189)

Decision cannot be rendered on stipulation

of facts (Sec. 32 (f), RA 8189)

No motion for reconsideration is allowed,

(Sec. 33, RA 8189)

Annulment of List of Voters

1. Upon verified complaint of any voter,

election officer or registered political party

or motu propio, the COMELEC may annul a

list of votes which was not prepared in

accordance with RA 8189 or whose

preparation was affected with fraud,

bribery, forgery, impersonation,

intimidation, force or other similar

irregularity or statistically improbable.

2. No list of voters shall be annulled within

60 days before an election (See. 33, RA

8189)

The annulment of the list of voters shall not

constitute a ground for a pre-proclamation

controversy. (Ututalum vs. COMELEC, 181

SCRA 335)

When an assailed order had been issued

pursuant to COMELEC’s administrative

powers in the absence of any finding of

grave abuse of discretion in declaring a

precinct as non – existent, said order shall

stand, judicial interference being

unnecessary and uncalled for… The sacred

right of suffrage guaranteed by the

Constitution is not tampered when a list of

fictitious voters is excluded from an

electoral exercise. (Sarangani vs.


Election precinct is the basic unit of

territory established by the COMELEC for

the purpose of voting.

A polling place refers to the building orplace where the board of election inspectors

conduct proceedings and where the voters

cast their votes.

Voting center refers to the building or place

where the polling place is located.

List of voters refers to an enumeration of

names of registered voters in a precinct

duly certified by the Election Registration

Board for use in the election.

Book of voters refers to the compilation of

all registration records in a precinct.

Signature of Chairman at back of every

ballot

In every case before delivering an official

ballot to the voter, the Chairman of the BEI

shall, in the presence of the voter, affix his

signature at the back thereof. Failure to so

authenticate shall be noted in the minutes

of the BEI and shall constitute an election

offense punishable under Sections 263 and

264 of the OEC.

IV. POLITICAL PARTIES AND PARTY – LIST

SYSTEM


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Political party or party when used in the

OEC means an organized group of persons

pursuing the same ideology, political ideas

or platforms of government and includes its

branches or divisions. A political party may

refer to a local regional or national party

existing and duly registered and accredited

by the COMELEC. To acquire juridical

personality, qualify for accreditation, and to

be entitled to the rights of political parties,

a political party must be registered with the

COMELEC. The following political parties

cannot be registered.

1. Religious sects

2. Those which seeks to achieve their goals

through unlawful means

3. Those which refuse to adhere to theConstitution

4. Those that are supported by any foreign

government

GROUNDS FOR CANCELLATION OF

REGISTRATION

1. Accepting financial contributions from

foreign governments or their agencies (for

partisan election purposes.) (Sec.2(5), Art IX

– C, PC)2. It is a religious sect or denomination,

organization or association organized for

religious purposes.

3. It advocates violence or unlawful means

to seek its goal

4. It is a foreign party or organization

5. It violates or fails to comply with laws,

rules and regulations relating to elections

6. It declares untruthful statements in its

petition

7. It has ceased to exist for at least one year

, and

8. Fails to participate in the last two

preceding elections, or fails to obtain at

least 2% of the votes cast under the party –

list system in the two preceding elections

for the constituency in which it was

registered.

• A party which fails to obtain at least 10%

of the votes cast in the constituency in

which it nominated candidates in the

election next following its registration shall

forfeit its registration.

Party System. A free and open party system

shall be allowed to evolve according to the

free choice of the people. [Sec 2(5) Art. IX –

C, PC]

The Party – List System, is a mechanism of

proportional representation in the election

of representatives to the House of

Representatives, from national, regional

and sectoral parties, organizations and

coalitions thereof registered with the

COMELEC. The Party – list system wasdevised to replace the reserve seat system –

the very essence of the party – list system is

representation by election. (Veterans

Federation Party vs. COMELEC, 342 SCRA

244)

GUIDELINES FOR SCREENING PARTY

LIST PARTICIPANTS

1. The political party, sector, organization

must represent the marginalized andunderrepresented groups identified in Sec.

5 of RA 7941. majority of its membership

should belong to the marginalized and

underrepresented;

Proportional representation refers to the

representation of the marginalized and

underrepresented as exemplified by the

enumeration in Sec/ 5 of the law, namely;

labor peasant, fisherfolk, urban poor,

indigenous cultural communities, elderly,

handicapped, women youth, veterans,

overseas workers and professionals. The

party – list organization or party must

factually and truly represent the

marginalized and underrepresented

constituencies mentioned in Sec. 5 .(Ang

Bagong Bayani – OFW Labor Party, et al vs.


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COMELEC et al GR No. 147589. June 26,

2001)

2. While even major political parties are

expressly allowed by RA 7941 and the

Constitution, they must comply with the

declared statutory policy of “Filipino

citizens belonging to marginalized and

underrepresented sectors to be elected to

the House of Representatives. “Thus, they

must show that they represent the interest

of the marginalized and underrepresented;

Political parties, even the major ones, may

participate in the party – list elections,

except for purposes of May 11, 1998

elections. The requisite character of these

organizations must be consistent with thepurpose of the party – list system, as laid

down in the Constitution and RA 7941 . . .

Under the Constitution and RA 7941,

provide respondents cannot be disqualified

from the party list elections, merely on the

ground that they are political parties. Sec. 5

Art. VI of the Constitution provides that

members of the House of Representatives

may be elected through a party – list

system of registered national, regional andsectoral parties or organizations.

Furthermore, under Secs. 7 and 8, Art IX –

C of the Constitution, political parties may

be registered under the party – list system.

(Ang Bagong Bayani – OFW Labor Party, et

al vs. COMELEC, et al. GR No. 147589,

June 26, 2001)

3. That religious sector may not be

represented in the party – list system,

except that priest, imam or pastors may be

elected should they represent not heir

religious sect but the indigenous

community sector.

4. A party or an organization must not be

disqualified under Sec. 6, RA 7941;

5. The party organized must not be adjunct

of, or a project organized or an entity

funded or assisted by, the government;

6. The party, including its nominees must

comply with the qualification requirements

of Sec. 9, RA 7941 as follows: No person

shall be nominated as party list

representative unless he is:

a. natural – born – citizen of the Philippines

b. a registered voter,

c. a resident of the Philippines for a period

not of no less than one year immediately

preceding the day of the election;

d. able to read and write;

e. a bonafide member of the party or

organization which he seeks to representfor at least 90 days preceding the day of the

election; and

f. At least 25 years of age on the day of the

election. In case of a nominee of the youth

sector, at least be 25 but not more than 30

years of age on the day of the election. Any

youth sectoral representative who attains

the age of 30 during his term shall be

allowed to continue in office until the

expiration of his term.

7. Not only the candidate party or

organization must represent marginalized

and underrepresented sectors, so also must

its nominees;

8. While lacking a well – defined political

constituency, the nominee must likewise be

able to contribute to the formation and

enactment of appropriate legislation that

will benefit the nation as a whole.

The parameters of the Filipino Party – List

System are:

(1) the twenty percent allocation,

(2) the two percent threshold;

(3) the three seat limit; and

(4) proportional representation.


13/55

• The Constitution makes the number of

district representatives the determinant in

arriving at the number of seats allocated for

party list lawmakers, a formulation which

means that any increase in the number of

district representatives, an as may be

provided by law, will necessarily result in a

corresponding increase in the number of

party – list seats . . . ..

• Sections 5 (2), Art. VI of the Constitution

is not mandatory, it merely provides a

ceiling for party – list seats in Congress . .

Obtaining absolute proportional

representation is restricted by the three-

seat-per-party limit to a maximum of two

additional slots . .

• Under the Niemeyer formula, the number

of additional seats to which a qualified

party would be entitled is determined by

multiplying the remaining number of seats

to be allocated by the total number of votes

obtained by that party and dividing the

product by the total number of votes

garnered by all the qualified parties.

The Niemeyer formula, while no doubt

suitable for Germany, finds no applicationin the Philippine setting because of our

three seat limit and the non – mandatory

character of the twenty percent allocation.

(Ang Bagong Bayani – OFW Labor Party, et

al vs. COMELEC, et al. GR No.147589,

June 26, 2001)

V. CANDIDATES AND CERTIFICATES OF

CANDIDACY

QUALIFICATIONS OF CANDIDATES

A. National – Arts. VI and VII, PC

1. President and Vice President

2. Senators

3. Congressmen – District and Party – List

Representatives

B. Local – Sec.39, Local Government Code

Qualifications prescribed by law are

continuing requirements and must be

possessed for the duration of the officer’s

active tenure. Once any of the required

qualifications is lost, his title to the office

may be seasonably challenged. (Frivaldo vs.

COMELEC, 174 SCRA 245 and Labor vs.


Residence

In Marcos vs. COMELEC, 248 SCRA 300,

the Supreme Court upheld the qualification

of IRMarcos despite her own declarations in

her certificate of candidacy that she had

resided in the district for only seven months

because of the following:

1. A minor follows the domicile of his

parents; Tacloban became IRMs domicile of

origin by operation of law when her father

brought the family to Leyte;

2. Domicile of origin is lost only when there

is actual removal or change of domicile, a

bonafide intention of abandoning the

former residence and establishing a new

one, and acts which correspond with the

purpose; in the absence of clear andpositive proof of the concurrence of all

these, these domicile of origin should

continue;

3. The wife does not automatically gain the

husband’s domicile because the term

“residence” in Civil Law does not mean the

same thing in Political Law, when IRM

married Marcos in 1954, she kept her

domicile or origin and merely gained a new

home, not a domicilium necessarium;

4. Even assuming that she gained a new

domicile after her marriage and acquired

the right to choose a new one only after her

husband died, her acts following her return

to the country clearly indicate that she

chose Tacloban, her domicile of origin, as

her domicile of choice.


14/55

• In Aquino vs. COMELEC, 248 SCRA 400,

the Supreme Court held that Agapito

Aquino failed to prove that he had

established not just residence but domicile

of choice in Makati. In his certificate of

candidacy, he indicated that he was a

resident of San Jose Concepcion, Tarlac for

52 years, he was a registered voter of the

same district, his birth of certificate places

Conception, Tarlac as birthplace. Thus, his

domicile of origin was Conception, Tarlac,

and his bare assertion of transfer of

domicile from tarlac to Makati is hardly

supported by the facts of the case.

• When the Constitution speaks of

residence the word should be understood,

consistent with Webster, to mean actual,physical and personal presence in the

district that a candidate seeks to represent

• The original concept of domicile, which

arose from American jurisprudence was not

intended to govern political rights, it was

designed to resolve the conflict of laws

between or among state where a decedent

may have lived for various reasons, for the

purpose of determining which law was

applicable as regards his estate . . .

Applying the concept of domicile in

determining residence as a qualification for

an elective office would negate the objective

behind the residence requirement set forth

under the law . . . (Domino vs. COMELEC

310 SCRA 546)

The place where the party actually or

constructively has his permanent home,

where he, no matter where he may found at

any given time, eventually intends to return

and remain, i.e., his domicile, is that to

which the Constitution refers when it

speaks of residence for the purposes of

election law . . .

The registration of a voter in a place other

than his residence of origin is not sufficient

to consider him to have abandoned or lost

his residence. (Perez vs. COMELEC, 317

SCRA 641)

The rationale of requiring candidates to

have a minimum period of residence in the

area in which they seek to be elected is to

prevent the possibility of a stranger or

newcomer unacquainted with the

conditions and needs of a community and

not identified with the latter from seeking

an elective office to serve that community . .

.

The classification of an area as a highly

urbanized or independent component city,

for that matter, does not completely isolate

its residents, politics, commerce and other

businesses from the entire province, andvice versa, especially when the city is

located at the very heart of the province

itself . .

The residence requirement is rooted in the

desire that officials of districts or localities

are acquainted not only with the metes and

bounds of their constituencies but, more

important, with the constituents

themselves, and a very legalistic, academic

and technical approach to the residentrequirement does not satisfy this simple,

practical and common sense national for

the residence requirement. (Torayna vs.

COMELEC 337 SCRA 574)

Philippine citizenship

The lost citizenship may be reacquired

under Sec. 1 of RA 2630, which provides

that any person who had lost his Philippine

citizenship by rendering service to, or

accepting commission in, the Armed Forces

of the United States, or after separation

from the Armed Forces of the United States,

acquired United States citizenship by

taking an oath to the Republic of the

Philippines and registering the same with


15/55

Local Civil Registry in the place where he

resides or last reside in the Philippines. The

said oath of allegiance shall contain a

renunciation of any other citizenship.

(Bengson III vs. HRET, et al. GR No.

142840, May 7, 2001)

Repatriation results in the recovery of the

original nationality. This means that a

naturalized Filipino who lost his citizenship

will be restored to his prior status as a

naturalized Filipino citizen. On the other

hand, if he was originally a natural-born

citizen before he lost his Philippine

citizenship, he will be restored to his former

status as a natural – born Filipino.

(Bengson, supra)

Disqualifications

Grounds Under the Omnibus Election Code

A. Any person declared by competent

authority insane or Incompetent

B. Any person sentenced by final judgment

for any of the Following offenses:

1. Insurrection or rebellion

2. Offense for which he was sentenced to

penalty of More than 18 months

3. Crime involving morale turpitude (Sec.

12, BP 881)

C. A permanent resident to or immigrant to

foreign country Unless he waives such

status (Sec. 68, BP 881)

D. Removal; Insanity or incompetence –

declaration of removal by competent

authority

E. Conviction; unless granted plenary

pardon, amnesty; or Lapse of 5 years after

service of sentence (Sec. 12, BP 881)

Grounds under the Local Government Code

– Sec. 40

A. Those sentenced by final judgment for an

offense involving moral turpitude or an

offense punishable by imprisonment for at

least one year, within two years after

service of sentence.

B. Those removed from office as a result of

an administrative case.

An elective local official who was removed

from office prior to January 1, 1992 is not

disqualified from running for elective local

office (Grego vs. COMELEC, 274 SCRA 481)

C. Those convicted by final judgment forviolating his oath of allegiance to the

Republic.

D. Those with dual citizenship--The phrase

“dual citizenship” in RA 7160, Sec. 40 (d)

and RA 7854, Sec. 20 must be understood

as referring to “dual allegiance.”

Consequently, persons with mere dual

citizenship do not fall under this

disqualification. For candidates with dual

citizenship, it should suffice if, upon thefiling of their certificates of candidacy, they

elect Philippine citizenship to terminate

their status as persons with dual

citizenship considering that their condition

is the unavoidable consequence of

conflicting laws of different states. (Mercado

vs. Manzano, 307 SCRA 630)

E. Fugitives from justice in criminal or non

– political cases.

F. The term includes not only those who

flee after conviction to avoid punishment,

but likewise who, after being changed, flee

to avoid prosecution. (Marquez vs.


G. Permanent residents in foreign country

or those who have the right to reside


16/55

abroad and continue to avail of it. (Caasi vs.

CA, 191 SCRA 229)

H. The insane or feeble – minded.

Three consecutive terms limit

The term limit for elective local officials

must be taken to refer to the right to be

elected as well as the right to serve in the

same elective position. Consequently, it is

not enough that an individual has served

three consecutive in an elective local office,

he must also have been elected to the same

position for the same number of times

before the disqualification can apply: (Borja

vs. COMELEC, GR No. 133495, September

3, 1998)

Conditions for the application of the

disqualification: (1) the official concerned

has been elected for three consecutive

terms in the same local government post

and (2) that he has fully served three

consecutive terms . . .

A proclamation subsequently declared void

is no proclamation at all and while a

proclaimed candidate may assume office onthe strength of the proclamation of the

Board of Canvassers he is only a

presumptive winner who assumes office

subject to the final outcome of the election

protest . .

Voluntary renunciation of a term of office

does not cancel the renounced term in the

computation of the three term limit;

conversely involuntary severance from the

office for any length of time short of the full

term provided by law amounts to an

interruption of continuity of service.

(Lonzanida vs. COMELEC, 311 SACRA 602)

1. Under the Revised Administrative Code –

Municipal Office

• Ecclesiastics (Pamil vs. Teleron, 56 SCRA

413)

• Persons receiving compensation from

provincial or municipal funds

• Contractors for public works of the

municipality

2. Under the Lone candidate Law – RA 8295

Any elective official who has resigned from

his office by accepting an appointive office

to become vacant due to his resignation;

and

Any person who, directly or indirectly

coerces, bribes, threatens, harasses,intimidates or actually causes, inflicts or

produces any violence, injury, punishment,

torture, damage, loss or disadvantages to

any person or persons aspiring to become a

candidate or that of the immediate member

of his family, his honor or property that is

meant to eliminate all other potential

candidates.

Certificates of Candidacy

No person shall be eligible for any elective

public unless he files a sworn certificate of

candidacy within the period fixed by the

Omnibus Election Code.

Deadline

Certificate of candidacy must be filed not

later than the day before the date for the

beginning of the campaign period. (Sec. 7,

RA 7166)

A certificate filed beyond the deadline is not

valid. (Gador vs. COMELEC, 95 SCRA 431)

Prohibition against multiple candidacies

A person who files a certificate of candidacy

for more than one office should be eligible

for any of them. (Sec 73, BP 881)


17/55

Before the deadline for filing certificates he

may withdraw all expect one, declaring

under oath the office for which he desires to

be eligible and cancel the certificate of

candidacy for other office or offices. (Go vs.

COMELEC, GR No. 147741, May 10, 2001)

Forms

Oath

The certificate must be sworn. (Sec. 73, BP

881)

The election of a candidate cannot be

annulled because of formal defects in his

certificate, such as held of oath (Guzmanvs. Board of Canvassers, 48 Phil 211)

Name

A candidate shall use his baptismal name

or full name, the name registered with the

civil registrar or any other name allowed by

law.

He may include one nickname or stage

name by which he is generally known.

When two or more candidates for the same

office have the same name or surname,

each shall state his paternal and maternal

surnames, except the incumbent (See. 71,

BP 881)

Place and Period of Filling

For President, Vice President and Senators:

main office of the COMELEC in Manila, 5

copies, not later than 90 days before date of

election.

For Members of the House of

Representatives:

Provincial legislative districts – Provincial

Election Supervisor of the Province

concerned

NCR legislative districts – Regional

COMELEC Directors

Legislative districts in cities outside NCR –

City Election registrar concerned

For provincial offices – Provincial Election

Supervisor of the province concerned.

City and Municipal offices – City or

Municipal Election Registrar concerned.

The certificates of candidacy of Members of

the House of Representatives, Provincial,city or municipal officials shall be filed in 5

copies not later than 45 days before the

election.

The certificate of candidacy shall be filed by

the candidate personally or his duly

authorized representative. No certificate of

candidacy shall be filed or accepted by

mail, telegram or facsimile.

The evident purpose of the law in requiringthe filing of certificate of candidacy and in

fixing the time limit therefore are; (1) to

enable the voters to know, at least sixty

days before the regular election, the

candidates among whom they are to make

the choice, and (2) to avoid confusion and

inconvenience in the tabulation of the votes

to the duly registered candidates, there

might be as many persons voted for as

there are voters, and votes might be cast

even for unknown or fictitious persons, as

mark to identify the votes in favor of a

candidate for another office in the same

election. (Miranda vs. Abaya, 311 SCRA

617)

Duty of COMELEC


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Subject to its authority over nuisance

candidates and its power to deny due

course or cancel a certificate of candidacy,

the rule is that the COMELEC shall have

only the ministerial duty to receive and

acknowledge receipt of the certificates of

candidacy. (Sec. 78, BP 881)

Effect Filing

An appointive public official is considered

resigned upon filing of his certificate. (Sec.

66, BP 881;Sanciangco vs. Rono, 137,

SCRA 671).This includes an employs of a

GOCC organized under the Corporation

Code (Without original charter), since the

law makes no distinction. (PNOC – EDC vs.

NLRC, 222 SCRA 831)

Any elective official, whether national or

local who has filed a certificate of candidacy

for the same or any other office shall not be

considered resigned from office. (sec. 26,

COMELEC Resolution No. 3636, Rules and

Regulations Implementing RA 9006)

Withdrawal of Certificate of Candidacy

Form – written declaration under oath. There was no withdrawal of candidacy for

the position of mayor where the candidate,

before the deadline for filing certificates of

candidacy, personally appeared in the

COMELEC office, asked for his certificate of

candidacy and intercalated the word “vice”

before the word mayor and the following

day wrote the election registrar saying that

his name be included in the list of official

candidates for mayor. (Vivero vs.

COMELEC, L – 81059, Jan 12, 1989)

Since his certificate of candidacy for the

office of board member was filed by his

party, and the said party had withdrawn

the nomination which withdrawal was

confirmed by the candidate under oath,

there was substantial compliance with Sec.

73. His filing under oath within the

statutory period of his individual certificate

for candidacy for the separate office of

mayor was, in effect, a rejection of the party

nomination on his behalf for the office of

board member. (Ramirez vs. COMELEC, L-

81150, Jan 12, 1992)

Substitution of Candidacy – Sec. 77 BP

881; Sec. 12, RA 9006

If after the last day for filing certificates, a

candidate dies, withdraws or is disqualified,

he may be substituted by a person

belonging to his party not later than the

mid – day of election. Said certificate may

be filled with any board of election

inspectors in the political subdivision where

he is an electorate of the country, with theCOMELEC. (Domingo vs. City Board of

Canvassers, GR No. 105365, June 2, 1992)

Even if the withdrawal was not under oath,

the certificate of the substitute cannot be

annulled after the election. Such

technicality of the original candidate’s

withdrawal of his certificate of candidacy

cannot be used to override the people’s will

in favor to the substitute candidate. The

legal requirement that the withdrawal beunder oath will be held to be merely

directory and the candidate’s failure to

observe the requirement is considered a

harmless error. Hence the bona fide

certificate of the substitute candidate

cannot be assailed. The votes in his favor

should be counted. (Villanueva vs.


In case of valid substitutions after the

official ballot have been printed, the votes

cast for the substituted candidates shall be

considered as many votes but shall not

invalidate the whole ballot. For this

purpose, the official ballots shall provide

spaces where the voters may write the

name of substitute candidates if they are

voting for the latter. (See. 12, RA 9006)


19/55

There is nothing in the Constitution or

statute which requires as condition

precedent that a substitute candidate must

have been a member of the party concerned

for a certain period of time before he can be

nominated as such. (Sinaca vs. Mula, 315

SCRA 266)

A valid certificate of candidacy is likewise

an indispensable requisite in the case of a

substitution of a disqualified candidate

under the provisions of Sec. 77 of the

Election Code . . . The concept of a

substitute presupposes the existence of the

person to be substituted, for how can a

person take the place of somebody who

does not exist or who never was...

A disqualified candidate may only be

substituted if he had a valid certificate of

candidacy in the first place because, if the

disqualified candidate did not have a valid

and seasonably filed certificate of

candidacy, he is and was not a candidate at

all. If a person was not a candidate, he

cannot be substituted under Sec. 77 of the

Code . . . .

While Sec. 78 of the Election Code

enumerated the occasion where a candidate

may validly substitute there is no mention

of the case where a candidate is excluded

not only by disqualification but also by

denial and cancellation of his certificate of

candidacy (Miranda vs. Abaya, 311 SCRA

617)

In case of valid substitutions after the

official ballots have been printed, the votes

cast for the substituted candidates shall be

considered as stray votes but shall not

invalidate the whole ballot. Sec. 12, RA

9006. amending Sec. 12 of RA 8436)

DISQUALIFICATION OF CANDIDATES

1. Grounds

Violation of Omnibus Election Code – Sec.

68

Giving money or other material

consideration to influence voters or public

officials performing electoral functions

Committing acts of terrorism to enhance

his candidacy

Spending in his election campaign in excess

of the amount allowed by the Code

Soliciting, receiving or making any

prohibited contribution

Violations of Secs. 80, 83, 85, 86 and 261,

paragraphs d, e, k, v and cc, sub-paragraph

6.

Nuisance candidate – Sec. 69

A petition to disqualify a candidate for

councilor for failure to indicate in his

certificate of candidacy the precinct number

and the barangay as a registered voter

cannot be considered a petition to

disqualify him for being a nuisance

candidate, since his certificate was not filed

to make mockery of the election or to

confuse the voters. (Jurilla vs. COMELEC,

232 SCRA 758)

Falsity of material representation in

certificate of candidacy. – Sec. 78

The COMELEC has jurisdiction over a

petition to disqualify a candidate for

congressman for ineligibility before he has

been proclaimed and has assumed office

(Marcos vs. COMELEC, 248 SCRA 300;

Aquino vs. COMELEC, 248 SCRA 400)

2. Procedure for disqualification of

candidates

The petition shall be filed by any registered

candidate for the same Office within 5 days

from the last day of filing of certificates of

Candidacy. (Secs. 5a and 7, RA 6646)


20/55

Under the election laws and the COMELEC

Rules of Procedure, any voter may file a

petition to disqualify a candidate on

grounds provided by law. (Torayno

vs.COMELEC, 337 SCRA 574)

The fact that no docket fee was initially

paid is not fatal. The Procedural defect as

cured by the subsequent payment of the

docket fee. (Sunga vs. COMELEC, 228

SCRA 76)

A petition filed after the election is filed out

of time. (Loong vs.COMELEC, 216 SCRA

769)

Since the filing by facsimile transmission is

not sanctioned and a facsimile copy is not

an original pleading, a petition fordisqualification should be deemed filed

upon the filing of the original petition.

(Garvida vs. Sales, 271 SCRA 764)

Where a qualified candidate was replaced

on the day before the election, a petition to

disqualify the replacement filed on election

day should be entertained, as it was

impossible to file the petition earlier. (Abella

vs. Larrazabal, 180 SCRA 509)

The COMELEC may motu propio refuse to

give due course or cancel a certificate of

candidacy. (Sec. 69, BP 881)

The proceeding shall be summary. (Nolasco

vs. COMELEC, 275 SCRA

762)

The COMELEC can decide a disqualification

case directly without referring it to its legal

officers for investigation. (Nolasco, supra)

The decision shall be final and executory

after 5 days from receipt unless stayed by

the Supreme Court [Secs. 5(e) and 7, RA

6646]

EFFECTS OF DISQUALIFICATION CASE

After final judgment -Any candidate who

has been declared by final judgment to be

disqualified shall not be voted for, and the

votes cast for him shall not be counted.

Before final judgment – If for any reason a

candidate is not declared by final judgment

before an election to be disqualified and he

is voted for and receives the winning

number of votes in such election the Court

or Commission shall continue with the trial

and hearing of the action, inquiry or protest

and, upon motion of the complainant or

any intervenor, may, during the tendency

thereof, order the suspension of the

proclamation of such candidate whenever

the evidence of guilt is strong. (Sec. 6, RA

6646)

The purpose of a disqualification

proceeding is to prevent the candidate from

running or, if elected, from serving, or to

prosecute him for violation of election laws.

The fact that a candidate has been

proclaimed and had assumed the position

to which he was elected does not divest the

COMELEC of authority and jurisdiction to

continue the hearing and eventually decide

the disqualification. The COMELEC shouldnot dismiss the case simply because the

respondent has been proclaimed. (Sunga

vs. COMELEC, 288 SCRA 76 and

Lonzanida vs. COMELEC, 311 SCRA 617)

Sec. 6 of RA 6616 authorizes the

continuation of proceedings for

disqualification even after the elections if

the respondent has not been proclaimed.

(Perez vs. COMELEC, 317 SCRA 641)

A disqualification case may have two

aspects, the administrative, which required

only a preponderance of evidence to prove

disqualification, and the criminal, which

necessitates proof beyond reasonable doubt

to convict.


21/55

There is no provision in RA 6646 that treats

of a situation where the complaint for

disqualification is filed after the election. . .

.

Second paragraph of paragraph 2 of Res.

No. 2050 provides that where a complaint

is filed after the election but before

proclamation, as in this case, the complaint

must be dismissed as a disqualification

case but shall be referred to the Law

Department for preliminary investigation.

Why there is a difference between a petition

for disqualifications before and after the

election proceeds from the fact that before

the electorate and those who vote for the

candidate assume the risk that should saidcandidate be disqualified after the election,

their votes would be declared stray or

invalid votes and that would not be true in

the case of one filed after the electorate has

already voted . . . (Bagatsing vs. COMELEC,

320 SCRA 817)

The COMELEC can legally suspend the

proclamation of the winning candidate

although he received the winning number

of votes.(Labo vs. COMELEC, 211 SCRA297).

The use of the word “may”, indicates that

the suspension of the proclamation is

merely directory and permissive in nature

and operates to confer discretion. What is

made mandatory is the continuation of the

trial and hearing of the action, inquiry or

protest. Since the suspension of the

proclamation is merely permissive, the

proclamation of a candidate is valid, if the

COMELEC did not suspend his

proclamation. (Grego vs. COMELEC, 274

SCRA 481)

Under the same provision, intervention may

be allowed in proceedings for

disqualification even after election if there

has yet no final judgment rendered.

(Mercado vs. Mazano, 307 SCRA 630)

Where the votes cast for a nuisance

candidate whose disqualification had not

yet become final on election day were tallied

separately, they should be counted in favor

of the petitioner. (Bautista vs. COMELEC,

298, SCRA 480)

THE LONE CANDIDATE LAW

The Lone Candidate Law is RA 8295,

enacted June 6, 1997. Section 2 thereof

provides the upon the expiration of the

deadline for the filing of certificate of

candidacy in a special election called to fill

a vacancy in an elective position other thanfor President and Vice-President, when

there is only one (1) qualified candidate for

such position, the lone candidate shall be

proclaimed elected to the position by proper

proclaiming body of the COMELEC that he

is the only candidate for the office and is

thereby deemed elected.

Section 3 thereof also provides that the lone

candidate so proclaimed shall assume office

not earlier than the scheduled election day,in the absence of any lawful ground to deny

due course or cancel the certificate of

candidacy in order to prevent such

proclamation.

VI. CAMPAIGN; ELECTION PROPAGANDA;

CONTRIBUTIONS AND EXPENDITURES

Election campaign or partisan political

activity refers to an act designed to promote

the election or defeat of a particular

candidate or candidates for public office.

(Sec. 79, BP 881)

a. If done for the purpose of enhancing the

chances of aspirants for nomination for

candidacy to a public office by a political

party, etc, it shall not be considered as

election campaign or partisan political

activity.


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b. It shall be unlawful for any person or any

party to engage in election campaign or

partisan political activity except during the

campaign period.

c. Members of the Civil Service to engage,

directly or indirectly, in any electioneering

or partisan political campaign.

A. Nomination of candidates

1. President, Vice-President and Senators –

not earlier than 165 before election date

2. Congressmen, provincial, city or

municipal officials – not earlier than 75

days before election day

B. Campaign period

1. President, Vice-President and Senators –

90 days before election day

2. Congressmen, provincial, city and

municipal officials – 45 days before election

day.

C. Lawful propaganda

1. Forms

2. Pamphlets, leaflets, cards, decals,

stickers and written or printed materials

not more than 8 ½ inches by 14 inches

3. Handwritten/printed letters

4. Cloth, paper or cardboard, posters

measuring, not more than 2 feet by 3 feet 3

by 8 ft. allowed in announcing at the site on

the occasion of a public meeting or rally,

may be displayed 5 days before the date of

rally but shall be removed within 24 hours

after said rally.

5. Paid print advertisements: ¼ page in

broadsheets and ½ pages in tabloids thrice

a week per newspaper, magazine or other

publication during the campaign period.

(Sec. 4, RA 9006)

6. Broadcast Media(i.e., TV and radio)

National Positions: 120 minutes for TV, 180

minutes for radio / Local Positions: 60

minutes for TV, 90 minutes for radio

7. Other forms of election propaganda not

prohibited by the Omnibus Election Code

and RA 9006, and authorized by the

COMELEC.

Requirement

1. Any published or printed political matter

or broadcast of election propaganda bytelevision or radio for or against a candidate

or group of candidates to any public office

shall bear and be reasonably legible or

audible words “political advertisement paid

for,” followed by the true and correct name

and address of the candidate or party for

whose benefit the election propaganda was

printed or aired.

2. If the broadcast is given free or charge by

the radio or television station, it shall beidentified by the word “airtime for this

broadcast was provided free of charge by”

followed by the true and correct name and

address of the broadcast entity.

3. Print, broadcast or outdoor

advertisements donated to the candidate or

political party shall be printed, published,

broadcast or exhibited without the written

acceptance by the said candidate or

political party. Such written acceptance

shall be attached to the advertising contract

and shall be submitted to the COMELEC.

(Sec. 4, RA 9006)

D. Prohibited Campaign

1. Public exhibition of a movie,

cinematograph or documentary portraying


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the life or biography of a candidate during

campaign period.\

2. Public exhibition of a movie,

cinematograph or documentary portrayed

by an actor or media personality who is

himself a candidate;

3. Use of airtime for campaign of a media

practitioner who is an official of a party or a

member of the campaign staff of a

candidate or political party.

Scope

1. Prohibiting the posting of decals and

stickers except in the common posting area

authorized by the COMELEC is not valid(Adiong vs. COMELEC, 244 SCRA 272)

2. Mass media may report news relating to

candidates, and mass media practitioners

may give their opinion regarding

candidates. (National Press Club vs.


E. Rallies

1. An application for permit for a rally shallnot be denied except on the

ground that a prior written application for

the same purpose has been approved. A

denial is appealable to the provincial

election supervisor or COMELEC. (Sec. 87,

BP 881)

2. It is unlawful to give or accept

transportation, food, drinks or things of

value within 5 hours before and after a

public rally, before election day and on

election day. (Sec. 89 BP 881)

F. Prohibited donations

It is prohibited for any candidate, his

spouse, relative within second degree of

consanguinity or affinity, or representative

to make any contribution for any structure

for public use or for use of any religious or

civic organization except the normal

religious dues and payment for

scholarships established and school

contributions habitually made before the

campaign period. (Sec. 104, BP 881)

G. Prohibited contributions

No political contribution shall be made by

the following:

1. Public or private financial institutions

2. Public utilities and those who exploit

natural resources

Thus, where an operator of a public utility

disguised a contribution to a candidate for

governor as loan, the promissory note isvoid: (halili vs. Court of Appeals, 83 SCRA

633)

3. Persons who hold contracts or sub-

contracts to supply the government

with goods and services.

4. Persons granted franchises, incentives,

exemptions or similar privileges by

the government

5. Persons granted loans in excess of P25,

000 by the government or any of

its subdivisions or instrumentalities6. Schools which received grants of public

funds of at least P100,000

7. Employees in the Civil Service or

members of the Armed Forces.

8. Foreigners (Sec. 95 , Bp 881)

9. Corporations (sec. 36 (9), Corp. Code)

H. Equal Access to Media Time and Space

All registered parties and bonafide

candidates shall have equal access to media

time and space . The following guidelines

may be amplified on by the COMELEC.

1. No franchise or permit to operate a radio

or television shall be granted or

issued, suspended or cancelled during the

election period.

2. Any mass media columnist,

commentator, announcer, reporter, on-air


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correspondent or personality who is a

candidate for any elective public office or is

a campaign volunteer for or employed or

retained in any capacity by any candidate

or political party shall be deemed resigned,

if so required by their employers, or shall

take a leave of absence from his work as

such during the campaign. And that any

media practitioner who is an official

candidate of a political party or member of

the campaign staff of a candidate or

political party shall not use his media time

and space to favor any candidate or

political party.

I. Limitation on expenses – Sec. 13, RA

7166

1. Candidates

a. President and vice president – P10 per

voter

b. Other candidates – P3 per voter in his

constituency

c Candidate without political party – P5 per

voter

d. Party/organization and coalition

participating in the party – list system – P5

per voter

2. Political party and coalition – P5 per

voter in the constituency where it has

candidates. (sec. 13, RA 7166)

J. Statement of contributions and

expenditures

1. Filing

a. every candidate and treasurer of political

party shall file within 30 days after election

day a statement of contributions and

expenditures.

b. No persons elected shall assume office

until he and his political party has filed the

required statements

2. Penalties

a. First Offense – administrative fine from P

1,000 to P30, 000

b. Subsequent offense

i. Administrative fine from P2,000 to P60,

000

ii. Perpetual disqualification to hold public

office (Sec. 14,

RA 7166)

3. Effect of withdrawal

A candidate who withdraws his certificate of

candidacy must still file a statement of

contributions and expenditures, for the law

makes no distinction. (Pilar vs. COMELEC,

245 SCRA 759)

VII. ELECTION; BOARD OF ELECTIONINSPECTORS (BEI); WATCHERS

KINDS OF ELECTION

1. General election is one provided for by

law for the election to offices throughout

the State, or certain subdivisions thereof,

after the expiration of the full term of

former officers.

2. Special Election is one provided for by

law to fill vacancy in office before the

expiration of the full term for which theincumbent was elected or one fixed by the

COMELEC due to postponement or

suspension of the election or the failure to

elect.

3. Recall election is an election by means of

which voters decide whether they should

retain their local official or elect his

replacement. (Claudio vs. COMELEC, 331

SCRA 388)

ELECTION PERIOD

Unless otherwise fixed by the COMELEC in

special cases, the election period shall

commence 90 days before the day of the

day of the election and shall end 30 days

thereafter.[Sec. 9, Art. IX – C, PC]

DATE OF ELECTION


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The regular election of the President, Vice-

President, Senators and Members of the

House of Representatives and local officials,

except barangay officials, shall be on the

second Monday of May once every three

years. In accordance with the constitutional

policy to synchronize elections, the regular

election for national and local officials is

now held simultaneously. (RA 7166) Under

6679, regular elections for barangay

officials shall be held once every five years.

ELECTION OF SANGGUNIANG MEMBERS

1. For provinces with two or more legislative

district the elective members of

Sangguniang Panlalawigan (Spn) shall beelected by legislative districts.

2. For provinces with only one legislative

district – the COMELEC shall divide them

into districts for purposes of electing the

members of the SPn;

3. For cities in Metro Manila Area, Cebu

City, Davao City or any other city with two

or more legislative district – governed by

Secs. 2 and 3 of RA 6686.

4. For municipalities in Metro Manila – the

COMELEC shall divide them into twodistricts by baranggay for purposes of

electing members of the SB.

POSEPONEMENT OF ELECTION

When for any serious cause such as

violence, terrorism, loss or destruction of

election paraphernalia or records, force

majeure, and other analogous cases of such

nature that the holding of a free, orderly

and honest election should become

impossible in any political subdivision, the

COMELEC, motu propio or upon a verified

petition by any interested party, and after

due notice and hearing, whereby all

interested parties are afforded equal

opportunity to be heard, shall postpone the

election therein. (Sec. 5, BP 881)

An election officer alone, or even with the

agreement of the candidates, cannot validly

postpone or suspend the election. (Basher

vs. COMELEC, 330 SCRA 736). . . It is

essential to the validity of the election that

the voters have notice in some form, either

actual or constructive, of the time, place

and purpose thereof (Basher vs. COMELEC,

supra)

A petition to postpone elections should be

addressed to the COMELEC, subject to the

remedy of review provided for in Art IX – A

Section 7.

In fixing the date of special elections the

COMELEC should see to it that:

1. It should not be later than thirty (30)

days after the secession of the cause of the

postponement of suspension of the election

or a failure to elect; and

2. It should be reasonably close to the date

of the election not held, suspended or

which resulted in the failure to

elect.(Pangandaman vs. COMELEC, 319

SCRA 283)

A special election is not valid if notice of itsdate and of the transfer of the precincts

was given less than a day before, since the

voters were deprived of the opportunity to

vote. (hassan vs. COMELEC, 264 SCRA

125)

FAILURE OF ELECTION

1. Sec.6 the OEC contemplates three

instances when the COMELEC may declare

a failure of election and call for the holding

of a special election: (1) when thee election

in any polling place has not been held on

the date fixed on account of force majeure,

violence, terrorism, fraud and other

analogous cases, (2) when the election in

any polling place has been suspended

before the hour fixed by law for the closure

of the voting; and (3) after the voting and


26/55

during the preparation and transmission of

the election returns or in the custody or

canvass thereof, such election results in a

failure to elect. (Soliva et al vs. COMELEC,

GR No. 141723, April 20,2001)

2. The power to throw out or annul an

election should be exercised with the

utmost care and only under circumstances

which demonstrate beyond doubt either

that the disregard of the law had been so

fundamental or so pertinent and

continuous that it is impossible to

distinguish what votes are lawful and what

are unlawful, or to arrive at any certain

result whatsoever, or that the great body of

voters have been prevented by viiolence,

intimidation and threats from exercisingtheir franchise… There is failure of

elections only when the will of the electorate

has been muted and cannot be ascertained.

(Benito vs. COMELEC, GR No.

134913,January 19,2001)

3. A special election should be held if the

ballot box in the precinct was

burned.(Hassan vs. COMELLEC,264 SCRA

125)

4. The destruction of the copies of the

election returns intended for the board of

canvassers is not a ground for the

declaration of failure of election as other

copies of the returns can be used (Sardea


5. The fact that less than 25% of the

registered voters voted does not constitute

failure of election, since voting took place.

(Mitmug vs. COMELEC,230 SCRA 54)

6. Lack of notice of the date and time of the

canvass, fraud, violence, terrorism, and

analogous causes, such as

disenfranchisement of voters, presence of

flying voters, and lack of qualifications of

the members of the Board of Inspectors are

not grounds for declaration of failure of

election but for an election protest. (Borja


7. The fact that the names of some

registered voters were omitted from the list

of voters,

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