Election_laws Memory Aid2

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ELECTION LAWS

Suffrage the right and obligation of qualified citizens tovote in the election of certain national and local of the governentand in the decisions of !ublic questions subitted to the !eo!le" Itincludes #ithin its sco!e$ election% !lebiscite% initiative% referenduand recall"

Election the eans b& #hich the !eo!le choose theirofficials for a definite and fi'ed !eriod and to #ho the& entrust forthe tie being as their re!resentatives the e'ercise of the !o#ers ofthe governent% It involves the choice of selection of candidates to!ublic office b& !o!ular vote"

Plebiscite a vote of the !eo!le e'!ressing their choice foragainst a !ro!osed la# or enactent subitted to the" An electionat #hich an& !ro!osed aendent to or revision of the Constitutionis subitted to the !eo!le for their ratification" A constitutionalrequireent o secure the a!!roval of the !eo!le directl& affected%before certain !ro!osed changes affecting local governents units

a& be i!leented"

Initiative it is the !rocess b& #hich the registered votersdirectl& !ro!ose% aend la#s% national or local% though an electioncalled for the !ro!ose" Aendents to the Constitution a& li(e#isebe directl& !ro!osed b& the !eo!le though initiative"

Referendum) it is at he subission of a la# !ass b& thenational or local legislative bod& to the registered voters of anelection called for the !ur!ose for their ratification or re*ection"

Recall- it is a ethod b& #hich a !ublic officer a& bereoved fro office during his tenure or before the e'!iration of his

ter b& a vote of the !eo!le after registration of a !etition singed b&a required !ercentage of the qualified voters"

Since the right of suffrage is a !olitical and not a naturalright% it is #ithin the !o#er of the state !rescribe the anner in #hichsuch right shall be e'ercised" Congress is andated b& theConstitution +Sec",% Art" -.$

To !rovide a s&ste for securing the secrec& and sanctit& of theballot% and for absentee voting b& qualified /ili!inosabroad% and

To design a !rocedure for the disabled and the illiterate to vote#ithout the assistance of other !ersons"

THE COMMISSION ON ELECTIONS

Co!osition% 0ualifications% A!!ointent%Ter of Office

The CO1ELEC is co!osed of a chairan and si' +2.Coission% The Chairan and the 1ebers of the Coissionshall be$

natural )born citizens of the 3hili!!ines

at least thirt&)five &ears of age

holders of a college degree

ust not have been candidates for an& elective !osition in theiediatel& !receding election

a*orit& thereof% including the Chairan shall be ebers ofthe 3hili!!ines 4ar #ho have been engaged in the !racticeof la# for at least 56 &ears +reason$ CO1ELEC e'ercisesquasi)*udicial !o#ers.

The Chairan and 1ebers are a!!ointed b& the!resident #ith the consent of the coission on A!!ointent for theter seven +7. &ears #ithout rea!!ointent on a staggered basis toa(e the CO1ELEC a continuing and self)!er!etuating bod&"Consequentl&% its ebers #ould have the benefit of the e'!erienceand e'!ertise of the order ebers of the !erforance of itsfunctions% and a(es for greater res!onsibilit& for its !olicies and

decisions and serve as guarantee against arbitrar& action #hich isli(el& to occur in a bod& handling !artisans questions"

A eber a!!ointent and designations in te!orar& oracting ca!acit& are not allo#ed to !reserve its inde!endence"

Disabilities, inhibitions\disqualifications

5" Shall not% during tenure% hold an& other office or e!lo&ent

," Shall not engage in the !ractice of !rofession

8" Shall not engage in active anageent or control of an&business #hich in an& a& a& be affected b& the functionsof his office

9" Shall not be financiall& interested% directl& or indirectl&% in an&contract #ith% or in an& franchise or !rivilege granted b& the:overnent% an& of its subdivisions% agencies orinstruentalities% including :OCC s or their subsidiaries"

Safeguards to insure te inde!endence of te COMELEC

It is constitutionall& created; a& not be abolished b& statute

It is e'!ressl& described as


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reconsideration of decision sall be decided b* COMELEC enbanc.

The Su!ree Court set aside the resolutions>decisions ofthe CO1ELEC because dthe CO1ELEC en banc to(( originalcognizance of the cases #ithout referring the first to the a!!ro!riate?ivision +Sariento vs" CO1ELEC ,5, SC@A 867; arate vsCO1ELEC% 85B SC@A 26B.

Interlocutor& orders issued b& a division of the CO1ELECcannot be elevated to the CO1ELEC en banc" +ho vs" CO1ELEC%,7D SC@A 928.

The follo#ing cases ust be decided in ?ivision beforethe& a& be heard en bnc on otion for reconsideration$

3etition to cancel a certificate of candidac&" +:arvida vs" Sales%,75 SC@A 729.

Cases a!!ealed fro the @TC or 1TC +arate vs"CO1ELEC%85B SC@A 26B.

3etition for certiorari involving incidental issues of election!rotest"+Soller vs" CO1ELEC%88D SC@A 2B.

The CO1ELEC en banc% ho#ever% a& directl& assue*urisdiction over !etitions for correction of anifest errors in thetabulation or tall&ing of results +Ststeent of votes. b& the 4oard ofCanvassers% not#ithstanding that the sae is a !re)!roclaationcotrovers&" Section % @ule ,7 of the 5DD8 @ules of the CO1ELECe'!ressl& !rovides that !re)!roclaation controversies involvingcorrection of anifest errors in the tabulation of results a& be fileddirectl& #ith the CO1ELELEC cen banc" +Torres vs" CO1ELEC%,76SC@A B8; @airez vs" CO1ELEC%,76 SC@A D6.

The CO1ELEC en banc deterines the e'istence of!robable cause"+/aelnar vs" CO1ELEC%885 SC@A 9,D.

$ECISIONS

'RT I(-'& Section / )Eac commission0COMELEC1sall decide b* a ma2orit* vote of all its Members an* case ormatter brougt before it +itin si,t* da*s from date of itssubmission for decision or resolution ' case or matter isdeemed submitted for decision or resolution u!on te filing of

te last !leading& brief& or memorandum re3uired b* te rules ofte Commission or b* te Commission itself 4nless oter+ise!rovided b* te Commission or b* la+5 an* decision& order& orruling of eac Commission ma* be brougt to te Su!remeCourt on certiorari b* te aggrieved !art* +itin %6 da*s fromrecei!t of a co!* tereof.

The CO1ELEC shall decide b& a a*orit& vote of all itsebers in an& case or atter brought before it #ithin 26 da&s frodate of its subission for decision or resolution" T#o ebers shallconstitute a quoru for the transaction of the official business of the?ivision" A case being heard b& it shaa be decided #ith theunanious concurrence ofc all three Coissioners and its decisionshall be considered a decision of the coission" If this requirednuber is not obtained% as #hen there is a dissenting o!inion% thecase a& be a!!ealed to the Coission en banc% in #hich case thevote of the a*orit& shall be the decision of the Coisssion"

The court holds that ,)5 decision rendered b& the /irst?ivision #as a valid decision under A@T IF)A %Section 7 of theConstitution" /urtherore% the three ebers #ho voted to affir the/irst ?ivision constituted a a*orit& of the five ebers #hodeliberated and voted thereon en banc and their decision is also validunder the aforecited constitutional !rovisions" +Cua vs" CO1ELEC%52 SC@A B7.

One #ho is no longer a eber of the CO1ELEC at thetie the final decision or resolution is !roulgated cannot validl&ta(e !art in that resolution or decision%uch ore could he be the!onente of the resolution or decision"+Abil vs" CO1ELEC% 899SC@A 8B.

R4LES O7 PROCE$4RE

The CO1ELEC en banc a& !roulgate its o#n rulesconcerning !leadinga and !ractice before it or before an& of itsoffices" Such rules% ho#ever% shall not diinish%increase or odif&substantive rights" The @ules of Court a!!lies su!!letoril& to!roceedings before the CO1ELEC" +3aangarungan vs"COO1ELEC%,52 SC@A ,,.

CONSTIT4TION'L PO8ERS 'N$ 74NCTIONS

Enforce and adinister la#s relative to conduct of elections

The regular courts have no *urisdiction to entertain a!etition to en*oin the construction of !ublic #or(s !ro*ects

#ithin 9 da&s before an election"+:allardo vs" Tabao%,5BSC@A ,8.

?ecide election contests involving regional% !rovincial and cit&officials

ELECTION CONTEST refers to the adversar& !roceedingsbefore #hich atters involving the title or clai to anelective office ade before or after !roclaation of the

#inner%is settled #hether or not the contestant is claiingthe office in dis!ute" It is neither a civil( action nor criianal!roceeding;it is a suar& !roceeding of a !olitical

character" Its !ur!ose is to ascertain the candidate la#full&elected to office"+Gavier vs" CO1ELEC%599 SC@A 5D9.

The CO1ELEC has e'clusive a!!ellate *urisdictionover%inter alia% contest involving elective baranga& officialsdecided b& trial courts of liited *urisdiction"+4eso vs"abolla%8,7 SC@A 566.

The !rovision of @A 227D granting a!!ellate *urisdiction tothe @TC over decisions of 1TCs in electoral casesinvolving elective baranga& officials is unconstitutional"+/lores vs" CO1ELEC%5B9 SC@A 9B9.

The CO1ELEC is the !ro!er a!!ellate court clothed #ith*urisdiction to hear the a!!eal% #hich ust first be filed#i&hin da&s after the !roulgation of the 1TCsdecision+Antonio vs" CO1ELEC%85 SC@A 2,.

The election of S are goverened b& the Onibus ElectionCode" An& contest relating to the election of the S+including the chairan #hether !ertaining to their eligibilit&or the anner of their election is cognizable b&1TCs%1TCCs% and 1eTCs" It is the !roclaation #hichar(s off the *urisdiction of the courts fro the *urisdictionof election officials" +1arquez vs" CO1ELEC% 858 SC@A568.

The CO1ELEC has a!!ellate *urisdiction over election!rotest cases involving elective unici!al officials decidedb& courts of general *urisdiction" +Carlos vs" Angeles%892SC@A 275.

?ecide all questions affecting elections

The CO1ELEC has no *urisdiction over questions involvingthe right to vote #hich includes qualifications anddisqualifications of voters% the right of a !erson to beregistered as voter% the right to cast his vote% and other

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allied questions" Such questions shall be decided b& thecourts"+ Naciionalista 3art& vs" CO1ELEC% B9 3hil 9D.

Election contests involving elections of S officials do notfall #ithin section ,, of the OEC and !aragra!h ,%sectionA@T"IF)C of the Constitution and no la# in effect !rioir tothe ratification of the constitution has ade the SChairan an elective baranga& official" S elections are

under the direct control and su!ervision of the ?IL:"+Ahan vs" 1irasol%,72 SC@A 65.?ecisions>deterinations ade b& the CO1ELEC in thee'ercise of this !o#er% being erel& adinistrative+notquasi *udicial. in character% a& be questioned in anordinar& civil action before the trial courts"+/ili!inasEngineering vs" /errer%58 SC@A ,.

?e!utize la# enforceent agencies #ith the concurrence of the3resident

@egister !olitical !arties and accredit its citizens ars

/ile !etitions% investigate and !rosecute

@ecoend easures to i!rove election la#s

@ecoend the i!osition of disci!linar& action u!on ane!lo&ee it has de!utized for violation of its order"

Since the CO1ELEC can recoend that disci!linar&action be ta(en against an officer it had de!utized% idt caninvestigate an adinistrative charge against such an officerto deterine #hether or not it should recoend thatdisci!linar& action can be ta(en against hi +Tan vs"CO1ELEC%,87 SC@A 88.

@egulation of !ublic entities and edia)

Section 9% IF)C


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shall e'ercise e'clusive *urisdiction over the case" +Carlos vs"Angeles%892 SC@A 75.

9" Suons !arties to a controvers& !ending before it" Enforce and e'ecute its decisions and orders2" 3unish conte!ts !rovided for in the @ules of Courts"

The CO1ELEC has the !o#er to cite for conte!t% but this!o#er a& be e'ercised onl& #hile the CO1ELEC is engaged in

the !erforance of quasi)*udicial functions and not adinistrativefunctions"+:uevarra vs" CO1ELEC% 569 3HIL ,2D and 1asangca&vs" CO1ELEC% 2 SC@A ,76.

7" 3roulgate rules and regulations i!leenting the ElectionCodeB" E'ercise direct and iediate su!ervision and control overofficials required to !erfor duties relative to the conduct ofelection"D" 3rescribe fors to be used in the election56" 3rocure an& su!!lies% equ*i!ent% aterials or servicesneeded for the holding of election55" 3rescribe the use or ado!tion of the latest technological and

electronic devices

5," Carr& out continuing and s&steatic ca!aign to educate the!ublic about elections

58" /i' other reasonable !eriods for certain !re)electionrequireents"

Enlist non)!artisan grou!s to assist"

:4$ICI'L RE;IE8 O7 $ECISIONS

An& decision% order or ruling of the CO1ELEC en banca& be brought to the SC on certiorari b& the aggrieved !art&

#ithin 86 da&s fro recei!t of the co!& thereof" When theSu!ree Court revie#s a decision of the CO1ELEC% the courte'ercises e'traordinar& *urisdiction% thus the !roceeding is liitedto issues involving grave abuse of discretion resulting in lac( ore'cess of *urisdiction and does not ordinaril& e!o#er the court torevie# the factual findings of the CO1ELEC" +Aratuc vs"CO1ELEC%BB SC@A ,5.

The ode b& #hich a decision% order or ruling en banc a&be elevated to the SC is the civil action of certiorari under @ule 2of the 5D29 @evised @ules of Court% no# e'!ressl& !rovided in@ule 29% 5DD7 @ules of Civil 3rocedure% as aended" +Abil vs"CO1ELEC%899 SC@A8B.

A s!ecial civil action for certiorari is the !ro!er reed& toquestion an& final order% ruling and decision of the CO1ELECrendered in the e'ercise of its ad*udicator& or quasi)*udicial!o#ers"+:uerero vs" CO1ELEC%882 SC@A 9B.

What is conte!lated b& the ter


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8" Insane or inco!etent !ersons as declared b& co!etentauthorit&"

@eoval of disqualification for conviction

3lenar& !ardon

Anest&

La!se of &aers after service of sentence +Sec"555% @A B5BD.

S&ste of Continuing @egistration

The !ersonal filing o a!!lication of registration of votersshall be conducted dail& in the office of the Election Office duringregular office hours" No registration shall% ho#ever% be conductedduring the !eriod starting 5,6 da&s before a regular election and D6da&s before a s!ecial election" +Sec" B% @A B5BD.

The Su!ree Court u!held the validit& of the CO1ELEC

resolution den&ing the !etition of certain &outh sectors to conduct as!ecial registration$


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Election !recinct is the basic unit of territor& established b& theCO1ELEC for the !ur!ose of voting"

A !olling !lacerefers to the building or !lace #here the board ofelection ins!ectors conduct !roceedings and #here the voters casttheir votes"

;oting centerrefers to the building or !lace #here the !olling !lace

is located"

List of votersrefers to an enueration of naes of registered votersin a !recinct dul& certified b& the Election @egistration 4oard for usein the election"

"oo? of votersrefers to the co!ilation of all registration records ina !recinct"

Signature of Chairman at back of every ballotIn ever& case before delivering an official ballot to the voter%

the Chairan of the 4EI shall% in the !resence of the voter% affi' hissignature at the bac( thereof" /ailure to so authenticate shall benoted in the inutes of the 4EI and shall constitute an election

offense !unishable under Sections ,28 and ,29 of the OEC"

V! "#L$CAL "A%$&S A'D "A%$( ) LS$ S(S$&*

3olitical !art& or !art& #hen used in the OEC eans anorganized grou! of !ersons !ursuing the sae ideolog&% !oliticalideas or !latfors of governent and includes its branches ordivisions" A !olitical !art& a& refer to a local regional or national!art& e'isting and dul& registered and accredited b& the CO1ELEC"To acquire *uridical !ersonalit&% qualif& for accreditation% and to beentitled to the rights of !olitical !arties% a !olitical !art& ust beregistered #ith the CO1ELEC" The follo#ing !olitical !arties cannotbe registered"

5" @eligious sects," Those #hich see(s to achieve their goals through

unla#ful eans8" Those #hich refuse to adhere to the Constitution9" Those that are su!!orted b& an& foreign governent

>RO4N$S 7OR C'NCELL'TION O7 RE>ISTR'TION

5" Acce!ting financial contributions fro foreign governentsor their agencies +for !artisan election !ur!oses".+Sec",+.% Art IF C% 3C.

," It is a religious sect or denoination% organization or

association organized for religious !ur!oses"8" It advocates violence or unla#ful eans to see( its goal9" It is a foreign !art& or organization" It violates or fails to co!l& #ith la#s% rules and regulations

relating to elections2" It declares untruthful stateents in its !etition7" It has ceased to e'ist for at least one &ear % andB" /ails to !artici!ate in the last t#o !receding elections% or

fails to obtain at least ,P of the votes cast under the !art& list s&ste in the t#o !receding elections for theconstituenc& in #hich it #as registered"

A !art& #hich fails to obtain at least 56P of the votes

cast in the constituenc& in #hich it noinatedcandidates in the election ne't follo#ing its registrationshall forfeit its registration"

Part* S*stem" A free and o!en !art& s&ste shall be allo#ed toevolve according to the free choice of the !eo!le" MSec ,+. Art" IF C% 3C

Te Part* @ List S*stem% is a echanis of !ro!ortionalre!resentation in the election of re!resentatives to the House of@e!resentatives% fro national% regional and sectoral !arties%organizations and coalitions thereof registered #ith the CO1ELEC"

The 3art& list s&ste #as devised to re!lace the reserve seats&ste the ver& essence of the !art& list s&ste is re!resentationb& election" +-eterans /ederation 3art& vs" CO1ELEC% 89, SC@A,99.

:I?ELINES /O@ SC@EENIN: 3A@TK LIST 3A@TICI3ANTS

5" The !olitical !art&% sector% organization ust re!resentthe arginalized and underre!resented grou!sidentified in Sec" of @A 7D95" a*orit& of itsebershi! should belong to the arginalized andunderre!resented;

3ro!ortional re!resentation refers to the re!resentation ofthe arginalized and underre!resented as e'e!lifiedb& the enueration in Sec> of the la#% nael&; labor!easant% fisherfol(% urban !oor% indigenous culturalcounities% elderl&%handica!!ed% #oen &outh%veterans% overseas #or(ers and !rofessionals" The!art& list organization or !art& ust factuall& andtrul& re!resent the arginalized and underre!resentedconstituencies entioned in Sec" "+ang bagong4a&ani O/W Labor 3art&% etal vs" CO1ELEC etal":@ No" 597BD" Gune ,2% ,665.

," While even a*or !olitical !arties are e'!ressl&allo#ed b& @A 7D95 and the Constitution% the& ustco!l& #ith the declared statutor& !olic& of


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c" a resident of the 3hili!!ines for a !eriod not of noless than one &ear iediatel& !receding theda& of the election;

d" able to read and #rite;e" a bonafide eber of the !art& or organization

#hich he see(s to re!resent for at least D6 da&s!receding the da& of the election; and

f" At least , &ears of age on the da& of the

election" In case of a noinee of the &outhsector% at least be , but not ore than 86 &earsof age on the da& of the election" An& &outhsectoral re!resentative #ho attains the age of 86during his ter shall be allo#ed to continue inoffice until the e'!iration of his ter"

7" Not onl& the candidate !art& or organization ustre!resent arginalized and underre!resented sectors%so also ust its noinees;

B" While lac(ing a #ell defined !olit ical constituenc&%the noinee ust li(e#ise be able to contribute to theforation and enactent of a!!ro!riate legislation

that #ill benefit the nation as a #hole"

The !araeters of the /ili!ino 3art& List S&ste are$ +5.the t#ent& !ercent allocation% +,. the t#o !ercentthreshold; +8. the three seat liit; and +9. !ro!ortionalre!resentation"

The Constitution a(es the nuber of district

re!resentatives the deterinant in arriving at thenuber of seats allocated for !art& list la#a(ers% aforulation #hich eans that an& increase in thenuber of district re!resentatives% an as a& be!rovided b& la#% #ill necessaril& result in a

corres!onding increase in the nuber of !art& listseats " " " ""

Sections +,.% Art" -I of the Constitution is not

andator&% it erel& !rovides a ceiling for !art& listseats in Congress " " Obtaining absolute !ro!ortionalre!resentation is restricted b& the three)seat)!er)!art&liit to a a'iu of t#o additional slots " "

nder the Niee&er forula% the nuber of additional

seats to #hich a qualified !art& #ould be entitled isdeterined b& ulti!l&ing the reaining nuber ofseats to be allocated b& the total nuber of votes

obtained b& that !art& and dividing the !roduct b& thetotal nuber of votes garnered b& all the qualified!arties"

The Niee&er forula% #hile no doubt suitable for:eran&% finds no a!!lication in the 3hili!!ine setting because of ourthree seat liit and the non andator& character of the t#ent&!ercent allocation" +Ang 4agong 4a&ani O/W Labor 3art&% et al vs"CO1ELEC% et al" :@ No"597BD% Gune ,2% ,665.

V! CA'DDA$&S A'D C&%$+CA$&S #+ CA'DDAC(

0ALI/ICATIONS O/ CAN?I?ATES

A" National Arts" -I and -II% 3C5" 3resident and -ice 3resident," Senators8" Congressen ?istrict and 3art& List

@e!resentatives

4" Local Sec"8D% Local :overnent Code0ualifications !rescribed b& la# are continuing

requireents and ust be !ossessed for the duration of the officersactive tenure" Once an& of the required qualifications is lost% his titleto the office a& be seasonabl& challenged" +/rivaldo vs" CO1ELEC%579 SC@A ,9 and Labor vs" CO1ELEC% 572 SC@A 5.

@esidenceIn 1arcos vs" CO1ELEC% ,9B SC@A 866% the Su!ree

Court u!held the qualification of I@1arcos des!ite her o#ndeclarations in her certificate of candidac& that she had resided in thedistrict for onl& seven onths because of the follo#ing$

5" A inor follo#s the doicile of his !arents; Taclobanbecae I@1s doicile of origin b& o!eration of la#

#hen her father brought the fail& to Le&te;," ?oicile of origin is lost onl& #hen there is actual

reoval or change of doicile% a bonafide intention ofabandoning the forer residence and establishing ane# one% and acts #hich corres!ond #ith the !ur!ose;in the absence of clear and !ositive !roof of theconcurrence of all these% these doicile of originshould continue;

8" The #ife does not autoaticall& gain the husbandsdoicile because the ter


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the conditions and needs of a counit& and not identified #ith thelatter fro see(ing an elective office to serve that counit& " " "

The classification of an area as a highl& urbanized orinde!endent co!onent cit&% for that atter% does not co!letel&isolate its residents% !olitics% coerce and other businesses frothe entire !rovince% and vice versa% es!eciall& #hen the cit& islocated at the ver& heart of the !rovince itself " "

The residence requireent is rooted in the desire thatofficials of districts or localities are acquainted not onl& #ith theetes and bounds of their constituencies but% ore i!ortant% #iththe constituents theselves% and a ver& legalistic% acadeic andtechnical a!!roach to the resident requireent does not satisf& thissi!le% !ractical and coon sense national for the residencerequireent" +Tora&na vs" CO1ELEC 887 SC@A 79.

3hili!!ine citizenshi!

The lost citizenshi! a& be reacquired under Sec" 5 of @A,286% #hich !rovides that an& !erson #ho had lost his 3hili!!ine

citizenshi! b& rendering service to% or acce!ting coission in% theAred /orces of the nited States% or after se!aration fro theAred /orces of the nited States% acquired nited Statescitizenshi! b& ta(ing an oath to the @e!ublic of the 3hili!!ines andregistering the sae #ith Local Civil @egistr& in the !lace #here heresides or last reside in the 3hili!!ines" The said oath of allegianceshall contain a renunciation of an& other citizenshi!" +4engson III vs"H@ET% et al" :@ No" 59,B96% 1a& 7% ,665.

@e!atriation results in the recover& of the originalnationalit&" This eans that a naturalized /ili!ino #ho lost hiscitizenshi! #ill be restored to his !rior status as a naturalized /ili!inocitizen" On the other hand% if he #as originall& a natural)born citizen

before he lost his 3hili!!ine citizenshi!% he #ill be restored to hisforer status as a natural born /ili!ino" +4engson% su!ra.

$is3ualifications

>rounds 4nder te Omnibus Election Code

A" An& !erson declared b& co!etent authorit& insane orInco!etent

4" An& !erson sentenced b& final *udgent for an& of the/ollo#ing offenses$

5" Insurrection or rebellion

," Offense for #hich he #as sentenced to !enalt& of1ore than 5B onths

8" Crie involving orale tur!itude +Sec" 5,% 43BB5.

C" A !eranent resident to or iigrant to foreign countr&nless he #aives such status +Sec" 2B% 43 BB5.

?" @eoval; Insanit& or inco!etence declaration ofreoval b& co!etent authorit&

E" Conviction; unless granted !lenar& !ardon% anest&; orLa!se of &ears after service of sentence +Sec" 5,% 43BB5.

>rounds under te Local >overnment Code @ Sec A6

A" Those sentenced b& final *udgent for an offense involvingoral tur!itude or an offense !unishable b& i!risonentfor at least one &ear% #ithin t#o &ears after service ofsentence"

4" Those reoved fro office as a result of an adinistrativecase"

An elective local official #ho #as reoved fro office !riorto Ganuar& 5% 5DD, is not disqualified fro running forelective local office +:rego vs" CO1ELEC% ,79 SC@A 9B5.

C" Those convicted b& final *udgent for violating his oath ofallegiance to the @e!ublic"

?" Those #ith dual citizenshi!))The !hrase


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An& elective official #ho has resigned fro his officeb& acce!ting an a!!ointive office to becoevacant due to his resignation; and

An& !erson #ho% directl& or indirectl& coerces% bribes%threatens% harasses% intiidates or actuall&causes% inflicts or !roduces an& violence% in*ur&%!unishent% torture% daage% loss or

disadvantages to an& !erson or !ersons as!iringto becoe a candidate or that of the iediateeber of his fail&% his honor or !ro!ert& that iseant to eliinate all other !otential candidates"

Certificates of Candidac*

No !erson shall be eligible for an& elective !ublic unless hefiles a s#orn certificate of candidac& #ithin the !eriod fi'ed b& theOnibus Election Code"

?eadline

Certificate of candidac& ust be filed not later than the da&

before the date for the beginning of the ca!aign !eriod"+Sec" 7% @A 7522.A certificate filed be&ond the deadline is not valid" +:adorvs" CO1ELEC% D SC@A 985.

3rohibition against ulti!le candidacies

A !erson #ho files a certificate of candidac& for ore thanone office should be eligible for an& of the" +Sec 78% 43BB5.

4efore the deadline for filing certificates he a& #ithdra#all e'!ect one% declaring under oath the office for #hich he

desires to be eligible and cancel the certificate ofcandidac& for other office or offices" +:o vs" CO1ELEC%:@ No" 597795% 1a& 56% ,665.

/ors

Oath

The certificate ust be s#orn" +Sec" 78% 43 BB5.

The election of a candidate cannot be annulled because offoral defects in his certificate% such as held of oath+:uzan vs" 4oard of Canvassers% 9B 3hil ,55.

Nae

A candidate shall use his ba!tisal nae or full nae% thenae registered #ith the civil registrar or an& other naeallo#ed b& la#"

He a& include one nic(nae or stage nae b& #hich heis generall& (no#n"

When t#o or ore candidates for the sae office have thesae nae or surnae% each shall state his !aternal andaternal surnaes% e'ce!t the incubent +See" 75% 43BB5.

3lace and 3eriod of /illing

/or 3resident% -ice 3resident and Senators$ ain office ofthe CO1ELEC in 1anila% co!ies% not later than D6 da&sbefore date of election"

/or 1ebers of the House of @e!resentatives$

3rovincial legislative districts 3rovincial ElectionSu!ervisor of the 3rovince concerned

NC@ legislative districts @egional CO1ELEC ?irectors

Legislative districts in cities outside NC@ Cit& Electionregistrar concerned

/or !rovincial offices 3rovincial Election Su!ervisor of the

!rovince concerned"

Cit& and 1unici!al offices Cit& or 1unici!al Election@egistrar concerned"

The certificates of candidac& of 1ebers of the House of@e!resentatives% 3rovincial% cit& or unici!al officials shallbe filed in co!ies not later than 9 da&s before theelection"

The certificate of candidac& shall be filed b& the candidate!ersonall& or his dul& authorized re!resentative" Nocertificate of candidac& shall be filed or acce!ted b& ail%telegra or facsiile"

The evident !ur!ose of the la# in requiring the filing ofcertificate of candidac& and in fi'ing the tie liit thereforeare; +5. to enable the voters to (no#% at least si't& da&sbefore the regular election% the candidates aong #hothe& are to a(e the choice% and +,. to avoid confusion andinconvenience in the tabulation of the votes to the dul&registered candidates% there ight be as an& !ersonsvoted for as there are voters% and votes ight be cast evenfor un(no#n or fictitious !ersons% as ar( to identif& thevotes in favor of a candidate for another office in the saeelection" +1iranda vs" Aba&a% 855 SC@A 257.

?ut& of CO1ELEC

Sub*ect to its authorit& over nuisance candidates and its!o#er to den& due course or cancel a certificate ofcandidac&% the rule is that the CO1ELEC shall have onl&the inisterial dut& to receive and ac(no#ledge recei!t ofthe certificates of candidac&" +Sec" 7B% 43 BB5.

Effect /iling

An a!!ointive !ublic official is considered resigned u!onfiling of his certificate" +Sec" 22% 43 BB5;Sanciangco vs"@ono% 587% SC@A 275."This includes an e!lo&s of a

:OCC organized under the Cor!oration Code +Withoutoriginal charter.% since the la# a(es no distinction"+3NOC E?C vs" NL@C% ,,, SC@A B85.

An& elective official% #hether national or local #ho has fileda certificate of candidac& for the sae or an& other officeshall not be considered resigned fro office" +sec" ,2%CO1ELEC @esolution No" 8282% @ules and @egulationsI!leenting @A D662.

Withdra#al of Certificate of Candidac&

/or #ritten declaration under oath" There #as no #ithdra#al

of candidac& for the !osition of a&or #here the candidate%before the deadline for filing certificates of candidac&%!ersonall& a!!eared in the CO1ELEC office% as(ed for hiscertificate of candidac& and intercalated the #ord


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b& the candidate under oath% there #as substantialco!liance #ith Sec" 78" His filing under oath #ithin thestatutor& !eriod of his individual certificate for candidac& forthe se!arate office of a&or #as% in effect% a re*ection ofthe !art& noination on his behalf for the office of boardeber" +@airez vs" CO1ELEC% L)B556% Gan 5,% 5DD,.

Substitution of Candidac& Sec" 77 43 BB5; Sec" 5,% @A D662

If after the last da& for filing certificates% a candidate dies%#ithdra#s or is disqualified% he a& be substituted b& a!erson belonging to his !art& not later than the id da&of election" Said certificate a& be filled #ith an& board ofelection ins!ectors in the !olitical subdivision #here he isan electorate of the countr&% #ith the CO1ELEC" +?oingovs" Cit& 4oard of Canvassers% :@ No" 5682% Gune ,%5DD,.

Even if the #ithdra#al #as not under oath% the certificate ofthe substitute cannot be annulled after the election" Suchtechnicalit& of the original candidates #ithdra#al of hiscertificate of candidac& cannot be used to override the

!eo!les #ill in favor to the substitute candidate" The legalrequireent that the #ithdra#al be under oath #ill be heldto be erel& director& and the candidates failure toobserve the requireent is considered a harless error"Hence the bona fide certificate of the substitute candidatecannot be assailed" The votes in his favor should becounted" +-illanueva vs" CO1ELEC% 596 SC@A 8,.

In case of valid substitutions after the official ballot havebeen !rinted% the votes cast for the substituted candidatesshall be considered as an& votes but shall not invalidatethe #hole ballot" /or this !ur!ose% the official ballots shall!rovide s!aces #here the voters a& #rite the nae of

substitute candidates if the& are voting for the latter" +See"5,% @A D662.

There is nothing in the Constitution or statute #hichrequires as condition !recedent that a substitute candidateust have been a eber of the !art& concerned for acertain !eriod of tie before he can be noinated as such"+Sinaca vs" 1ula% 85 SC@A ,22.

A valid certificate of candidac& is li(e#ise an indis!ensablerequisite in the case of a substitution of a disqualifiedcandidate under the !rovisions of Sec" 77 of the Election

Code " " " The conce!t of a substitute !resu!!oses thee'istence of the !erson to be substituted% for ho# can a!erson ta(e the !lace of soebod& #ho does not e'ist or

#ho never #as"""

A disqualified candidate a& onl& be substituted if he had avalid certificate of candidac& in the first !lace because% ifthe disqualified candidate did not have a valid andseasonabl& filed certificate of candidac&% he is and #as nota candidate at all" If a !erson #as not a candidate% hecannot be substituted under Sec" 77 of the Code " " " "

While Sec" 7B of the Election Code enuerated theoccasion #here a candidate a& validl& substitute there isno ention of the case #here a candidate is e'cluded notonl& b& disqualification but also b& denial and cancellationof his certificate of candidac& +1iranda vs" Aba&a% 855SC@A 257.

In case of valid substitutions after the official ballots havebeen !rinted% the votes cast for the substituted candidatesshall be considered as stra& votes but shall not invalidatethe #hole ballot" Sec" 5,% @A D662" aending Sec" 5, of@A B982.

$IS=4'LI7IC'TION O7 C'N$I$'TES

5" :rounds

;iolation of Omnibus Election Code @ Sec B

:iving one& or other aterial consideration to

influence voters or !ublic officials !erforingelectoral functions

Coitting acts of terroris to enhance his candidac&S!ending in his election ca!aign in e'cess of the

aount allo#ed b& the CodeSoliciting% receiving or a(ing an& !rohibited

contribution-iolations of Secs" B6% B8% B% B2 and ,25% !aragra!hs

d% e% (% v and cc% sub)!aragra!h 2"

Nuisance candidate @ Sec BD

A !etition to disqualif& a candidate for councilor for failure to indicatein his certificate of candidac& the !recinct nuber and the baranga&as a registered voter cannot be considered a !etition to disqualif&hi for being a nuisance candidate% since his certificate #as not filedto a(e oc(er& of the election or to confuse the voters" +Gurilla vs"CO1ELEC% ,8, SC@A 7B.

7alsit* of material re!resentation in certificate of candidac* @Sec /

The CO1ELEC has *urisdiction over a !etition to disqualif& acandidate for congressan for ineligibilit& before he has been!roclaied and has assued office +1arcos vs" CO1ELEC% ,9BSC@A 866; Aquino vs" CO1ELEC% ,9B SC@A 966.

Procedure for dis3ualification of candidates

Te !etition sall be filed b* an* registered candidatefor te same Office +itin F da*s from te last da* offiling of certificates of Candidac* 0Secs Fa and /& R'BBAB1

4nder te election la+s and te COMELEC Rules ofProcedure& an* voter ma* file a !etition to dis3ualif* acandidate on grounds !rovided b* la+ 0Tora*novsCOMELEC& %%/ SCR' F/A1The fact that no doc(et fee #as initiall& !aid is not fatal"The 3rocedural defect as cured b& the subsequent

!a&ent of the doc(et fee" +Sunga vs" CO1ELEC% ,,BSC@A 72.

A !etition filed after the election is filed out of tie" +Loongvs"CO1ELEC% ,52 SC@A 72D.

Since the filing b& facsiile transission is not sanctionedand a facsiile co!& is not an original !leading% a !etitionfor disqualification should be deeed filed u!on the filing ofthe original !etition" +:arvida vs" Sales% ,75 SC@A 729.

Where a qualified candidate #as re!laced on the da&before the election% a !etition to disqualif& the re!laceent

filed on election da& should be entertained% as it #asi!ossible to file the !etition earlier" +Abella vs" Larrazabal%5B6 SC@A 6D.

Te COMELEC ma* motu !ro!io refuse to give duecourse or cancel a certificate of candidac* 0Sec BD&"P G1

Te !roceeding sall be summar* 0Nolasco vsCOMELEC& /F SCR'

/B1

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The CO1ELEC can decide a disqualification case directlithout referring it to its legal officers for investigation"+Nolasco% su!ra.

Te decision sall be final and e,ecutor* after F da*sfrom recei!t unless sta*ed b* te Su!reme CourtSecs F0e1 and /& R' BBAB

&++&C$S #+ DSQAL+CA$#' CAS&

After final *udgent )An& candidate #ho has beendeclared b& final *udgent to be disqualified shall not be voted for%and the votes cast for hi shall not be counted"

4efore final *udgent If for an& reason a candidate is notdeclared b& final *udgent before an election to be disqualified andhe is voted for and receives the #inning nuber of votes in suchelection the Court or Coission shall continue #ith the trial andhearing of the action% inquir& or !rotest and% u!on otion of theco!lainant or an& intervenor% a&% during the tendenc& thereof%order the sus!ension of the !roclaation of such candidate

#henever the evidence of guilt is strong" +Sec" 2% @A 2292.

The !ur!ose of a disqualification !roceeding is to !reventthe candidate fro running or% if elected% fro serving% or to!rosecute hi for violation of election la#s" The fact that a candidatehas been !roclaied and had assued the !osition to #hich he #aselected does not divest the CO1ELEC of authorit& and *urisdiction tocontinue the hearing and eventuall& decide the disqualification" TheCO1ELEC should not disiss the case si!l& because theres!ondent has been !roclaied" +Sunga vs" CO1ELEC% ,BB SC@A72 and Lonzanida vs" CO1ELEC% 855 SC@A 257.

Sec" 2 of @A 2252 authorizes the continuation of!roceedings for disqualification even after the elections if the

res!ondent has not been !roclaied" +3erez vs" CO1ELEC% 857SC@A 295.

A disqualification case a& have t#o as!ects% theadinistrative% #hich required onl& a !re!onderance of evidence to!rove disqualification% and the criinal% #hich necessitates !roofbe&ond reasonable doubt to convict"

There is no !rovision in @A 2292 that treats of a situation#here the co!laint for disqualification is filed after the election" " " "

Second !aragra!h of !aragra!h , of @es" No" ,66!rovides that #here a co!laint is filed after the election but before

!roclaation% as in this case% the co!laint ust be disissed as adisqualification case but shall be referred to the La# ?e!artent for!reliinar& investigation"

Wh& there is a difference bet#een a !etition fordisqualifications before and after the election !roceeds fro the factthat before the electorate and those #ho vote for the candidateassue the ris( that should said candidate be disqualified after theelection% their votes #ould be declared stra& or invalid votes and that

#ould not be true in the case of one filed after the electorate hasalread& voted " " " +4agatsing vs" CO1ELEC% 8,6 SC@A B57.

The CO1ELEC can legall& sus!end the !roclaation ofthe #inning candidate although he received the #inning nuber ofvotes"+Labo vs" CO1ELEC% ,55 SC@A ,D7."

The use of the #ord N; ELECTION PROP'>'N$'5 CONTRI"4TIONS'N$ E(PEN$IT4RES

Election cam!aign or !artisan !olitical activit* refers to an actdesigned to !roote the election or defeat of a !articular candidate

or candidates for !ublic office" +Sec" 7D% 43 BB5.

a" If done for the !ur!ose of enhancing the chances ofas!irants for noination for candidac& to a !ublic office b&a !olitical !art&% etc% it shall not be considered as electionca!aign or !artisan !olitical activit&"

b" It shall be unla#ful for an& !erson or an& !art& to engage inelection ca!aign or !artisan !olitical activit& e'ce!t duringthe ca!aign !eriod"

c" 1ebers of the Civil Service to engage% directl& orindirectl&% in an& electioneering or !artisan !olitical

ca!aign"

' Nomination of candidates

5" 3resident% -ice)3resident and Senators not earlier than52 before election date

," Congressen% !rovincial% cit& or unici!al officials notearlier than 7 da&s before election da&

" Cam!aign !eriod

5" 3resident% -ice)3resident and Senators D6 da&s before

election da&

," Congressen% !rovincial% cit& and unici!al officials 9da&s before election da&"

C La+ful !ro!aganda

5" /ors

," 3a!hlets% leaflets% cards% decals% stic(ers and #ritten or!rinted aterials not ore than B Q inches b& 59 inches

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8" Hand#ritten>!rinted letters

9" Cloth% !a!er or cardboard% !osters easuring% not orethan , feet b& 8 feet 8 b& B ft" allo#ed in announcing at thesite on the occasion of a !ublic eeting or rall&% a& bedis!la&ed da&s before the date of rall& but shall bereoved #ithin ,9 hours after said rall&"

" 3aid !rint advertiseents$ R !age in broadsheets and Q!ages in tabloids thrice a #ee( !er ne#s!a!er% agazineor other !ublication during the ca!aign !eriod" +Sec" 9%@A D662.

2" 4roadcast 1edia+i"e"% T- and radio. National 3ositions$ 5,6inutes for T-% 5B6 inutes for radio > Local 3ositions$ 26inutes for T-% D6 inutes for radio

7" Other fors of election !ro!aganda not !rohibited b& theOnibus Election Code and @A D662% and authorized b&the CO1ELEC"

Re3uirement

5" An& !ublished or !rinted !olitical atter or broadcast ofelection !ro!aganda b& television or radio for or against acandidate or grou! of candidates to an& !ublic office shallbear and be reasonabl& legible or audible #ords

entit&"

8" 3rint% broadcast or outdoor advertiseents donated to thecandidate or !olitical !art& shall be !rinted% !ublished%broadcast or e'hibited #ithout the #ritten acce!tance b&the said candidate or !olitical !art&" Such #rittenacce!tance shall be attached to the advertising contractand shall be subitted to the CO1ELEC" +Sec" 9% @AD662.

$ Proibited Cam!aign

5" 3ublic e'hibition of a ovie% cineatogra!h or

docuentar& !ortra&ing the life or biogra!h& of a candidateduring ca!aign !eriod"

," 3ubl ic e'hibition of a ovie% cineatogra!h ordocuentar& !ortra&ed b& an actor or edia !ersonalit&

#ho is hiself a candidate;

8" se of airtie for ca!aign of a edia !ractitioner #ho isan official of a !art& or a eber of the ca!aign staff of acandidate or !olitical !art&"

Sco!e

5" 3rohibiting the !osting of decals and stic(ers e'ce!t in thecoon !osting area authorized b& the CO1ELEC is notvalid +Adiong vs" CO1ELEC% ,99 SC@A ,7,.

," 1ass edia a& re!ort ne#s relating to candidates% andass edia !ractitioners a& give their o!inion regardingcandidates" +National 3ress Club vs" CO1ELEC% ,67SC@A 5.

E" @allies

5" An a!!l ication for !erit for a rall& shall not bedenied e'ce!t on the

ground that a !rior #ritten a!!lication for thesae !ur!ose has been a!!roved" A denialis a!!ealable to the !rovincial election su!ervisor or

CO1ELEC" +Sec" B7% 43 BB5.," It is unla#ful to give or acce!t t rans!ortation%

food% drin(s or things ofvalue #ithin hours before and after a !ublic

rall&% before election da& and on electionda&" +Sec" BD 43 BB5.

/" 3rohibited donationsIt is !rohibited for an& candidate% his s!ouse%

relative #ithin second degree of consanguinit& or affinit&% orre!resentative to a(e an& contribution for an& structurefor !ublic use or for use of an& religious or civicorganization e'ce!t the noral religious dues and !a&entfor scholarshi!s established and school contributionshabituall& ade before the ca!aign !eriod" +Sec" 569% 43BB5.

:" 3rohibited contributionsNo !olitical contribution shall be ade b& the

follo#ing$5" 3ublic or !rivate financial institutions," 3ublic utilities and those #ho e'!loit natural

resources

Thus% #here an o!erator of a !ublicutilit& disguised a contribution to a candidate forgovernor as loan% the !roissor& note is void$+halili vs" Court of A!!eals% B8 SC@A 288.

8" 3ersons #ho hold contracts or sub)contracts tosu!!l& the governent

#ith goods and services"9" 3ersons granted franchises% incentives%e'e!tions or siilar !rivileges b&

the governent" 3ersons granted loans in e'cess of 3,% 666 b&the governent or an& of

its subdivisions or instruentalities2" Schools #hich received grants of !ublic funds ofat least 3566%6667" E!lo&ees in the Civil Service or ebers of theAred /orces"

B" /oreigners +Sec" D % 4! BB5.D" Cor!orations +sec" 82 +D.% Cor!" Code.

H" Equal Access to 1edia Tie and S!aceAll registered !arties and bonafide candidates

shall have equal access to edia tie and s!ace " Thefollo#ing guidelines a& be a!lified on b& theCO1ELEC"5" No f ranchise or !erit t o o!erate a radio o rtelevision shall be granted or

issued% sus!ended or cancelled during theelection !eriod"," An& ass edia colunist% coentator%

announcer% re!orter% on)aircorres!ondent or !ersonalit& #ho is a candidatefor an& elective !ublic office or is a ca!aignvolunteer for or e!lo&ed or retained in an& ca!acit&b& an& candidate or !olitical !art& shall be deeedresigned% if so required b& their e!lo&ers% or shallta(e a leave of absence fro his #or( as such during theca!aign" And that an& edia !ractitioner #ho is an

official candidate of a !olitical !art& or eber ofthe ca!aign staff of a candidate or!olitical !art& shall not use his edia tie and s!ace tofavor an& candidate or !olitical !art&"

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I" Liitation on e'!enses Sec" 58% @A 75225" Candidates

a" 3resident and vice !resident 356 !ervoter

b" Other candidates 38 !er voter in hisconstituenc&c Candidate #ithout !olitical !art& 3

!er voterd" 3art&>organization and coalition!artici!ating in the !art& list

s&ste 3 !er voter

," 3olit ical !art& and coalition 3 !er voter in theconstituenc& #here it has

candidates" +sec" 58% @A 7522.

G" Stateent of contributions and e'!enditures5" /iling

a" ever& candidate and treasurer of!olitical !art& shall file #ithin 86 da&s after election da& a stateentof contributions and e'!enditures"

b" No !ersons elected shal l assue officeuntil he and his !olitical !art& has filed therequired stateents

," 3enaltiesa" /irst Offense adinistrative fine fro3 5%666 to 386% 666b" Subsequent offense

i" Adinistrative fine fro3,%666 to 326% 666ii" 3er!etual disqualification to

hold !ublic office +Sec" 59%@A 7522.

8" Effect of #ithdra#alA candidate #ho #ithdra#s his

certificate of candidac& ust still file a stateentof contributions and e'!enditures% for the la#a(es no distinction" +3ilar vs" CO1ELEC% ,9SC@A 7D.

V! &L&C$#'- .#A%D #+ &L&C$#' 'S"&C$#%S /.&0-1A$C2&%S

IN?S O/ ELECTION5" :eneral election is one !rovided for b& la# for the election

to offices throughoutthe State% or certain subdivisions thereof% after thee'!iration of the full ter of forer officers"," S!ecial Election is one !rovided for b& la# to fill vacanc& inoffice before the e'!iration of the full ter for #hich the incubent

#as elected or one fi'ed b& the CO1ELEC due to !ost!oneent orsus!ension of the election or the failure to elect"8" @ecall e lection is an election b& eans of #hich votersdecide #hether the& should retain their local official or elect hisre!laceent" +Claudio vs" CO1ELEC% 885 SC@A 8BB.

ELECTION 3E@IO?nless other#ise fi'ed b& the CO1ELEC in s!ecial cases%

the election !eriod shall coence D6 da&s before the da& of theda& of the election and shall end 86 da&s thereafter"MSec" D% Art" IF C% 3C

?ATE O/ ELECTIONThe regular election of the 3resident% -ice)3resident%

Senators and 1ebers of the House of @e!resentatives and localofficials% e'ce!t baranga& officials% shall be on the second 1onda& of1a& once ever& three &ears" In accordance #ith the constitutional!olic& to s&nchronize elections% the regular election for national andlocal officials is no# held siultaneousl&" +@A 7522. nder 227D%

regular elections for baranga& officials shall be held once ever& five&ears"

ELECTION O/ SAN::NIAN: 1E14E@S5" /or !rovinces #ith t#o or ore legislative district theelective ebers of

Sangguniang 3anlala#igan +S!n. shall be elected b&

legislative districts"," /or !rovinces #ith onl& one legislative district theCO1ELEC shall divide

the into districts for !ur!oses of electing the ebers ofthe S3n;8" /or cit ies in 1etro 1anila Area% Cebu Cit&% ?avao Cit& oran& other cit& #ith

t#o or ore legislative district governed b& Secs" , and 8of @A 22B2"9" /or unici!alit ies in 1etro 1anila the CO1ELEC shalldivide the into t#o

districts b& baranga& for !ur!oses of electing ebers ofthe S4"

3OSE3ONE1ENT O/ ELECTIONWhen for an& serious cause such as violence% terroris%

loss or destruction of election !ara!hernalia or records% forcea*eure% and other analogous cases of such nature that the holdingof a free% orderl& and honest election should becoe i!ossible inan& !olitical subdivision% the CO1ELEC% otu !ro!io or u!on averified !etition b& an& interested !art&% and after due notice andhearing% #hereb& all interested !arties are afforded equal o!!ortunit&to be heard% shall !ost!one the election therein" +Sec" % 43 BB5.

An election officer alone% or even #ith the agreeent of thecandidates% cannot validl& !ost!one or sus!end the election" +4ashervs" CO1ELEC% 886 SC@A 782." " " It is essential to the validit& of the

election that the voters have notice in soe for% either actual orconstructive% of the tie% !lace and !ur!ose thereof +4asher vs"CO1ELEC% su!ra.

A !etition to !ost!one elections should be addressed to theCO1ELEC% sub*ect to the reed& of revie# !rovided for in Art IF ASection 7"

In fi'ing the date of s!ecial elections the CO1ELEC should see to itthat$

5" It should not be later than thirt& +86. da&s a fter thesecession of the cause of the

3ost!oneent of sus!ension of the election or a failure to

elect; and," It should be reasonabl& close to the date of the election notheld% sus!ended or

Which resulted in the failure to elect"+3angandaan vs"CO1ELEC% 85D SC@A ,B8.

A s!ecial election is not valid if notice of its date and of thetransfer of the !recincts #as given less than a da& before% since thevoters #ere de!rived of the o!!ortunit& to vote" +hassan vs"CO1ELEC% ,29 SC@A 5,.

/AIL@E O/ ELECTION5" Sec"2 the OEC conte!lates three instances #hen the

CO1ELEC a& declare a failure of election and call for the holdingof a s!ecial election$ +5. #hen thee election in an& !olling !lace hasnot been held on the date fi'ed on account of force a*eure%violence% terroris% fraud and other analogous cases% +,. #hen theelection in an& !olling !lace has been sus!ended before the hourfi'ed b& la# for the closure of the voting; and +8. after the voting andduring the !re!aration and transission of the election returns or inthe custod& or canvass thereof% such election results in a failure toelect" +Soliva et al vs" CO1ELEC% :@ No" 5957,8% A!ril ,6%,665.

," The !o#er to thro# out or annul an election should bee'ercised #ith the utost care and onl& under circustances #hich

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deonstrate be&ond doubt either that the disregard of the la# hadbeen so fundaental or so !ertinent and continuous that it isi!ossible to distinguish #hat votes are la#ful and #hat areunla#ful% or to arrive at an& certain result #hatsoever% or that thegreat bod& of voters have been !revented b& viiolence% intiidationand threats fro e'ercising their franchiseJ There is failure ofelections onl& #hen the #ill of the electorate has been uted andcannot be ascertained" +4enito vs" CO1ELEC% :@ No"

589D58%Ganuar& 5D%,665.

8" A s!ecial e lection should be held i f the ballot bo' in the!recinct #as burned"+Hassan vs" CO1ELLEC%,29 SC@A 5,.

9" The destruction of the co!ies of the election returnsintended for the board of canvassers is not a ground for thedeclaration of failure of election as other co!ies of the returns can beused +Sardea vs" CO1ELEC%,, SC@A 879.

" The fact that less than ,P of the registered voters voteddoes not constitute failure of election% since voting too( !lace"+1itug vs" CO1ELEC%,86 SC@A 9.

2" Lac( of notice of the date and t ie of the canvass% fraud%violence% terroris% and analogous causes% such asdisenfranchiseent of voters% !resence of fl&ing voters% and lac( ofqualifications of the ebers of the 4oard of Ins!ectors are notgrounds for declaration of failure of election but for an election!rotest" +4or*a vs" CO1ELEC%,26 SC@A 269.

7" The fact that the naes of soe registered voters #ereoitted fro the list of voters% strangers voted for soe of theregistered voters% a candidate #as credited #ith less votes than hereceived% the control data of soe election returns #ere filled u!% theballot bo'es #ere brought to the unici!al hall #ithout !adloc( andseals% and that there #as a dela& in the deliver& of election returns

are not grounds for the declaration of failure of election" +Canicosavs" CO1ELEC% ,B, SC@A 5,.

B" An election cannot be annulled because of the i llegaltransfer of a !recinct less than 9 da&s before the election if thevotes of those #ho #ere not able to vote #ill not alter the result"+4alindong vs" CO1ELEC% ,26 SC@A 9D9.

D" There is no regleentar& !eriod for f iling a !etition forannulent of an election if there has as &et been no !roclaation"+Loong vs" CO1ELEC% ,7 SC@A 5.

56" The CO1ELEC a& decide a !etition to declare a failure of

election en banc at the first instance% since it is not a !re)!roclaation case or an election !rotest" +4or*a vs" CO1ELEC% ,26SC@A 269.

In !etitions to declare a failure of election on the ground of fraud% theCO1ELEC a& conduct a technical e'aination ofelection docuents and co!are and anal&ze thesignatures and finger!rints of the voters" +Loong vss"CO1ELEC%,7 SC@A 5.

S3ECIAL ELECTION TO /ILL 3 -ACANCK5" In case of !eranent vacanc& in Congress at least one&ear before the e'!iration of the ter% the CO1ELEC shall hold as!ecial election not earlier than D6 da&s after the occurrence of thevacanc&"," A vacanc& in the Senate #ill be filled u! at the ne't regularelection"+Section 9%@A 7522.

4OA@? O/ ELECTION INS3ECTO@S +4EI.The 4oard of Election Ins!ectors shall be co!osed of a chairan

and t#o ebers% all of #ho are !ublic school teachers"If there are not enough !ublic school teachers% teachers in !rivate

schools% e!lo&ees in the civil service% or other citizens of

(no#n !robit& and co!etence a& be a!!ointed" +Section58% @A 2292.

WATCHE@SNuber

5" Official #atchersEver& registered !art& or coalition of !arties and

ever& candidate is entitled to one #atcher!er !recinct and canvassing counter"

Candidates for the local legislature belonging tothe sae !art& are entitled collectivel& toone #atcher"

Si' !rinci!al #atchers fro 2 accredited a*or!olitical !arties shall be recognized" +Section,2% 7522.

," Other #atchersa" The accredited citizens ar is entitled to a

#atcher in ever& !recinct"b" Other civic organizations a& be authorized to

a!!oint one #atcher inever& !recinct" +Section 5B6% 43 BB5.

I!ortant rights of #atchers5" All #atchers

a" To sta& inside the !recinctb" To infor theselves of the !roceedingsc" To file a !rotest against an& irregularit&d" To obtain a certificate of the nuber of votes

cast for each candidate +Section 57D%43BB5.

," Citizens ArTo be given a co!& of the election return to be

used for the conduct of an unofficial count" +Section 5% @AB69.

;III C'STIN> O7 ;OTES

5" The chairan of the 4oard of Election Ins!ectors shouldsign each ballot at the bac(" The oission of such signature does notaffect the validit& of the ballot"+Libanan vs H@ET%,B8 SC@A ,6.nder the rules !revailing during the 5DD7 4aranga& Elections% thefailure to authenticate the ballots shall no longer be cause for theinvalidation thereof" +1alabaguio vs" CO1ELEC%892 SC@A 2DD.," A voter #ho #as challenged on the ground that he hasbeen !aid for the vote or ade a bet on the result of the election #illbe allo#ed to vote if he ta(es an oath that he did not coit the actalleged in the challenge" +Section ,66%43BB5.8" An illiterate or !h&sicall& disabled voter a& be assisted b&

a relative b& affinit& or consanguinit& #ithin the fourth degree or an&!erson of his confidence #ho belongs to the sae household or an&eber of the 4oard of Election Ins!ectors" +Section 5D2% 43BB5.9" It is unla#ful to use carbon !a!er% !araffin !a!er or othereans for a(ing a co!& of the contents of the ballot or to use an&eans to identif& the ballot"+Sec" 5D%43BB5." A ballot !re!aredunder such circustances should not be counted" +:utierrez vs"Aquino% /eb%,2%5DD.

A4SENTEE -OTIN:

5" 1ebers of the 4oard of Election Ins!ectors and theirsubstitutes a& vote in the !recinct #here the& are assigned"+Section 52D% 43 BB5.," Absentee voting for 3resident% -)!resident and Senatorsare allo#ed for ebers of the A/3% 3N3% and other governente!lo&ees assigned in connection #ith the !erforance of electionduties to !laces #here the& are not registered" +Section 5,% @A7522.

R' NO DGD )'N 'CT PRO;I$IN> 7OR ' S9STEM O7O;ERSE'S '"SENTEE ;OTIN> "9 =4'LI7IE$ CITIJENS O7THE PHILIPPINES '"RO'$.

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Sec F $is3ualification" The follo#ing shall be disqualified frovoting under this Act$

a. Those #ho have lost their /ili!ino citizenshi! in accordance#ith 3hili!!ine la#s;

b. Those #ho have e'!ressl& renounced their 3hili!!ine citizenshi!

and #ho have !ledge allegiance to a foreign countr&;

c. Those #ho have coitted and are convicted in a final*udgent b& a court or tribunal of an offense !unishable b&i!risonent of not less than one +5. &ear% including those #hohave coitted and been found guilt& of ?islo&alt& as defineunder Article 587 of the @evised 3enal Code% such disabilit&not having been reoved b& !lenar& !ardon or anest&$3rovided% ho#ever% That an& !erson disqualified to vote underthis subsection shall autoaticall& acquire the right to vote u!one'!iration of five+. &ears after service of sentence; 3rovidedfurther& That the Coission a& ta(e cognizance of final

*udgents issued b& foreign courts or tribunals onl& on the basisor reci!rocit& and sub*ect to the foralities and !rocesses

!rescribed b& the @ules of court on e'ecution of *udgents;

d. An iigrant or a !eranent resident #ho is recognized as suchin the host countr&% unless he>she e'ecute% u!on registration%an affidavit !re!ared for the !ur!ose b& the Coissiondeclaring that he> she shall resue actual !h&sical !eranentresidence in the 3hili!!ine not later than three+8. &ears froa!!roval of his>her registration under this Act" Such affidavitshall also state that she> he has no a!!lied for citizenshi! inanother countr&" /ailure to return shall be cause for the reovalof the nae of iigrant or !eranent resident fro theNational @egistr& of Absentee -oters and his>her !eranentdisqualification to vote in absentia"

e. An& citizen of the 3hili!!inesabroad !reviousl& declared insane or inco!etent b& co!etentauthorit& in the 3hili!!ines or abroad% as verified b& the3hili!!ine ebassies% consulates or foreign serviceestablishents concerned% unless such co!etent authorit&subsequentl& certifies that such !erson is no longer insane orinco!etent"

SEC B Personal Overseas 'bsentee Registration @@egistration asan overseas absentee voter shall be done in !erson"

0ualified citizens of the 3hili!!ines abroad #ho failed to register

under @e!ublic Act No" B5BD% other#ise (no#n as hera!!lication b& registered ail"

2"8 In the event that an ob*ection to the a!!lication isfiled !rior to or on the date of hearing% the ElectionOfficer shall notif& the a!!licant of said ob*ection b&registered ail% and closing therein co!ies ofaffidavits or docuents subitted in su!!ort of theob*ection filed #ith the said Election Officer% if an&"The a!!licant shall have the right to file his counter)affidavit b& registered ail% clearl& stating thereinfacts and defenses s#orn before an& officer in thehost countr& authorized to adinister oaths"

2"9 The a!!lication shall be a!!roved or disa!!rovedbased on the erits of the ob*ection% counter)affidavitand docuents subitted b& the !art& ob*ecting andthose of the a!!licant"

2" A Certificate of @egistration as an overseas absenteevoter shall be issued b& the Coission to alla!!licants #hose a!!lications have been a!!roved%including those certified as registered voters" TheCoission shall include the a!!roved a!!licationsin the National @egistr& of Absentee -oters"

2"2 If the a!!lication has been a!!roved% an& interested!art& a& file a !etition for e'clusion not later thant#o hundred ten +,56. da&s before the da& ofelections #ith the !ro!er unici!al or etro!olitantrial court" The !etition shall be decided #ithin fifteen+5. da&s after its filing on the basis of the docuentssubitted in connection there#ith" Should the courtfail to render a decision #ithin the !rescribed !eriod%the ruling of the Election @egistration 4oard shall beconsidered affired"

2"7 If the a!!lication has been a!!roved% the a!!licant orhis authorized re!resentative shall% #ithin a !eriod of

five +. da&s fro recei!t of the notice of thisa!!roval% have the right to file a !etition for inclusion#ith the !ro!er unici!al or etro!olitan trial court"The !etition shall be decided #ithin five +. da&s afterits filing on the basis of docuents subitted inconnection there#ith"

0ualified citizens of the 3hili!!ines abroad% #ho have!reviousl& registered as voters !ursuant to @e!ublic Act No" B5BDshall a!!l& for certification as absentee voters and for inclusion in theNational @egistr& of Overseas Absentee -oters% #ith a corres!ondingannotation in the Certified -oters List"

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Sec / S*stem of Continuing Registration TheCoission shall ensure that the benefits of the s&ste ofcontinuing registration are e'tended to qualified overseas absenteevoters" To#ards this end% the Coission shall o!tiize the use ofe'isting facilities% !ersonnel and echaniss of the variousgovernent agencies for !ur!oses of data gathering% data validation%inforation disseination and facilitation of the registration !rocess"

3re)de!arture !rogras% services and echaniss offeredand adinistered b& the ?e!artent of /oreign Affairs% ?e!artentof Labor and E!lo&ent% 3hili!!ine Overseas E!lo&entAdinistration% Overseas Wor(ers Welfare Adinistration%Coission on /ili!inos Overseas and other a!!ro!riate agencies ofthe governent shall be utilized for !ur!oses of su!!orting theoverseas absentee registration and voting !rocesses% sub*ect toliitations i!osed b& la#"

Sec Re3uirements for Registration Ever& /ili!inoregistrant shall be required to furnish the follo#ing docuents$

a". A valid 3hili!!ine !ass!ort"

In the absence of a valid !ass!ort% a certificationof the ?e!artent of /oreign Affairs that it hasrevie#ed the a!!ro!riate docuents subittedb& the a!!licant and found the sufficient to

#arrant the issuance of a !ass!ort% or that thea!!licant is a holder of a valid !ass!ort but isunable to !roduce the sae for a valid reason;

b". Acco!lished registrationfro !rescribed b& the coission containingthe andator& inforation$

+i. Last (no# residence of the a!!licant in the3hili!!ines before leaving for abroad;

+ii. Address of a!!licant abroad% or for#ardingaddress in the case of seafarers;

+iii . Where voting b& ail is allo#ed% thea!!licants ailing address outside the3hili!!ines #here the ballot for absenteevoters #ill be sent% in !ro!er cases; and

+iv. Nae and address of a!!licants authorizedre!resentative in the 3hili!!ines for!ur!oses of Section 2"7 and Section 5,hereof"

c". In the case of iigrants and !eranentresidents not other#ise disqualified to voteunder this Act% an affidavit declaring theintention to resue actual !h&sical!eranent residence in the 3hili!!ines notlater than three +8. &ears after a!!roval ofhis>her registration as an overseas absenteevoter under this Act" Such affidavit shall alsostate that he>she has not a!!lied forcitizenshi! in another countr&"

The Coission a& also require additionaldata to facilitate registration and recording"NO inforation other than those necessar&to establish the identit& and qualification ofthe a!!licant shall be required"

Sec" 55 Procedure for '!!lication to ;ote in 'bsentia")

55"5 Ever& qualified citizen to the 3hili!!ines abroad #hosea!!lication for registration has been a!!roved% includingthose !reviousl& registered under @e!ublic Act No" B5BD%shall% in ever& national election% file #ith the officer of theebass&% consulate or other foreign service establishentauthorized b& the Coission% a s#orn #ritten a!!lication to

vote in a for !rescribed b& the Coission" The authorizedofficer of such ebass&% consulate or other foreign serviceestablishent shall transit to the Coission the saida!!lication to vote #ithin five +. da&s fro recei!t thereof"The a!!lication for shall be acco!lished in tri!licate andsubitted together #ith the !hotoco!& of his>her overseasabsentee voter certificate of registration"

55", Ever& a!!lication to vote in absentia a& be done !ersonall&at% or b& ail to the ebass&% consulate or foreign serviceestablishent% #hich has *urisdiction over the countr& #herehe>she has indicated his>her address for !ur!oses of thelections"

55"8 Consular and di!loatic services rendered in connection #iththe overseas absentee voting !rocesses shall be adeavailable at no cost to the overseas absentee voter"

Sec G ;erification and '!!roval of '!!lication to ;ote-

All a!!lications shall be acted u!on b& the Coission u!onrecei!t thereof% but in no case later than one hundred fift& +56.da&s before the da& of elections" In the event of disa!!roval of thea!!lication% the voter or his authorized re!resentative a& file a1otion for @econsideration #ith the Coission !ersonall&% or b&registered ail% #ithin ten +56. da&s fro recei!t of the notice ofdisa!!roval" The Coission shall act #ithin five +. da&s frorecei!t of such 1otion for @econsideration and shall iediatel&notif& the voter of its decision" The decision of the Coissionshall be final and e'ecutor&"

Sec GB casting and Submission of "allot-

52"5 !on recei!t b&7 the designated officer of the ebass&%

consulate and other foreign service establishents of theballots for overseas absentee voters% voting instruction%election fors and other !ara!hernalia% he>she shall a(ethe available on the !reises to the qualified overseasabsentee voters in their res!ective *urisdiction during thethirt& +86 . da&s before the da& of elections #hen overseasabsentee voters a& cast their vote" Iediatel& u!onreceiving it% the overseas voter ust fill)out his>her ballot!ersonall&% in secret% #ithout leaving the !reises of theebassies% consulates and other /oreign Serviceestablishents concerned"

52", The overseas absentee voter shall !ersonall& acco!lish

his>her ballot at the ebass&% consulate or other foreignservice establishent that has *urisdiction over thecountr& #here he>she te!oraril& resides or at an& !olling!lace designated and accredited b& the Coission"

52"8 The overseas absentee voter shall cast his ballot% u!on!resentation of the absentee voter identification cardissued b& the Coission% #ithin thirt& +86. da&s beforethe da& of elections" In the case of seafarers% the& shallcast their ballots an&tie #ithin si't& +26. da&s before theda& of elections" In the case of seafarers% the& shall casttheir ballots an&tie #ithin si't& +26. da&s before the da&of elections as !rescribed in the I!leenting @ules and

:uidelines"

52"9 All acco!lished ballots received shall be !laceduno!ened inside sealed containers and (e!t in a secure!lace designated b& the Coission"

52" The ebassies% consulates and other foreign serviceestablishents concerned shall (ee! a co!lete recordof the ballots for overseas absentee voters% s!ecificall&indicating the nuber of ballots the& actuall& received%and in cases #here voting b& ail is allo#ed underSection 57 hereof% the naes and addresses of the voters

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to #ho these ballots #ere sent% including !roof of recei!tthereof" In addition% the ebassies% consulates and otherforeign service establishents shall subit a foralre!ort to the Coission and the Goint CongressionalOversight Coittee created under this Act #ithin thirt&+86. da&s fro the da& of elections" Such re!ort shallcontain data on the nuber of ballots cast and receivedb& the officers the nuber of invalid and unclaied ballots

and other !ertinent data"

52"2 The overseas absentee shall be instructed that his>herballot shall not be counted if it is not inside the s!ecialenvelo!e furnished hi>her #hen it is cast"

52"7 4allots not claied b& the overseas absentee voters atthe ebassies% consulates and other foreign serviceestablishents% in case of !ersonal voting% and ballotsreturned to the ebassies% consulates and other foreignservice establishents concerned% in the case of votingb& ail" Shall be cancelled and shi!!ed to theCoission b& the least costl& ethod #ithin si' +2.onths fro the da& of elections"

52"B Onl& ballots cast% and ailed ballots received b& the3hili!!ine ebassies% consulates and other foreignservice establishents concerned in accordance #ithSection 57 hereof before the close of voting o!en the da&of elections shall be counted in accordance #ith Section5B hereof" All envelo!es containing the ballots received b&the ebassies% consulates and other foreign serviceestablishents after the !rescribed !eriod shall not bo!ened% and shall be cancelled and shi!!ed to theCoission b& the least costl& ethod #ithin si' +2.onths fro the da& of elections"

52"D A s!ecial 4allot @ece!tion and Custod& :rou! co!osedof three +8. ebers shall be constituted b& theCoission fro aong the staff of the ebassies%consulates and other foreign service establishentsconcerned including their attached agencies% and citizensof the 3hili!!ines abroad% #ho #ill be de!utized to receiveballots and ta(e custod& of the sae !re!arator& to theirtransittal to the S!ecial 4oards of Election Ins!ectors"

52"56 ?uring this !hase of the election !rocess% the authorizedre!resentatives of !olitical !arties% candidates% andaccredited citizens ars of the Coission shall benotified in #riting thereof and shall have the right to

#itness the !roceedings"

52"55 The Coission shall stud& the use of electronic ail%internet% or other secured net#or(s in the casting of votes%and subit a re!ort thereon to the Goint CongressionalOversight Coittee"

Sec! 34! Voting by *ail! )

57"5 /or the 1a& ,669 elections% the Coission shall authorize b&voting ail in not ore than three +8. countries% sub*ect to thea!!roval of the Congressional Oversight Coittee" -otingb& ail a& be allo#ed in countries that satisf& the follo#ingconditions$

a". Where the ailing s&ste is fairlell)develo!ed and secure to!revent occasion for fraud;

b". Where there e'ists a technicall&established identification s&stethat #ould !reclude ulti!le or!ro'& voting; and

c". Where the s&ste of rece!tion andcustod& of ailed ballots in theebassies% consulates and other

foreign service establishentsconcerned are adequate and #ell)secured"

Thereafter% voting b& ail in an& countr&shall be allo#ed onl& u!on revie# anda!!roval of the Goint Congressional

Oversight Coittee"57"", The overseas absentee voter shall send his>her acco!lished

ballot to the corres!onding ebass&% consular or foreignservice establishent that has *urisdiction over the countr&

#here he>she te!oraril& resides" He>she shall be entitledto cast his>her ballot at an& tie u!on his>her recei!tthereof% !rovided that the sae is received before the closeof voting on the da& of elections" The overseas absenteevoter shall be instructed that his>her ballots shall not becounted if not transitted in the s!ecial envelo!e furnishedhi>her"

57"8 Onl& ailed ballots received b& the 3hili!!ine ebass&%consulate and other foreign service establishents beforethe close of voting on the da& of elections shall be countedin accordance #ith Section 5B hereof" All envelo!escontaining the ballots received b& the ebassies%consulates and other foreign service establishents afterthe !rescribed !eriod shall not be o!ened% and shall becancelled and dis!osed of a!!ro!riatel&% #ith acorres!onding re!ort thereon subitted to the Coissionnot later than thirt& +86. da&s fro the da& of elections"

Sec % Securit* Measures to Safeguard te Secrec*and Sanctit* of "allots-At all stages of the electoral !rocess% theCoission shall ensure that the secrec& and integrit& of the ballotsare !reserved" The Coittees on Absentee -oting of the

Coission shall be res!onsible for ensuring the secrec& andsanctit& of the absentee voting !rocess" In the interest oftrans!arenc&% all necessar& and !racticable easures shall beado!ted to allo# re!resentation of the candidates% accredited a*or!olitical !arties% accredited citizens ars and non)governentorganizations to assist% and intervene in a!!ro!riate cases% in allstages of the electoral e'ercise and to !revent an& and all fors offraud and correction"

Sec A Proibited 'cts In addition to the !rohibitedacts !rovided b& la#% it shall be unla#ful$

,9"5 /or an& officer or e!lo&ee of the 3hili!!ine

governent to influence or atte!t to influence an&!erson covered b& this act to vote% or not to vote%for a !articular candidate" Nothing in this Act shallbe deeed to !rohibit free discussion regarding!olitics or candidates for !ublic office"

,9", /or an& !erson to de!rive an& !erson of an& rightsecured in this act or to give false inforation as tohis>her nae% address% or !eriod of residence forthe !ur!oses of establishing his>her eligibilit& orineligibilit& to register or vote under this act; or tocons!ire #ith another !erson for the !ur!ose ofencouraging the giving of false inforation in order

to establish the eligibilit& or ineligibilit& of an&individual to register or vote under this Act; or% to!a&% or offer to !a% or to acce!t !a&ent either froa!!lication to vote in absentia or for voting"

,9" 8 /or an& !erson to ta!er #ith the ballot% the ailcontaining the ballots for overseas absentee voters%the election returns including the destruction%utilation and ani!ulation thereof"

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,9"9 /or an& !erson to steal% destro&% conceal% utilate oralter an& record% docuent or !a!er as required for!ur!oses of this Act"

,9" /or an& de!utized agent to refuse #ithout *ustifiableground% to serve or continue serving% or to co!l&

#ith his>her s#orn duties after acce!tance of his>her

a!!ointents;

,9"2 /or an& !ublic officer or e!lo&ee #ho shall cause the!re!arations% !rinting% distribution of inforationaterial% or !ost the sae in #ebsite #ithout the!rior a!!roval of the Coission"

,9"7 /or an& !ublic e!lo&ee to cause the transfer%!rootion% e'tension% recall of an& eber of theforeign service cor!s% including ebers of theattached agencies% or other#ise cause oveentof an& such eber fro his current !ost or!osition one +5. &ear before and three +8. onthsafter the da&s of elections% #ithout securing the

!rior a!!roval of the Coission"

,9"B /or an& !erson #ho% after being de!utized b& theCoission to underta(e activities in connection

#ith the i!leentation of this Act% shall ca!aignfor or assist% in #hatsoever anner% candidates inthe elections"

/or an& !erson #ho is not citizen of the 3hili!!ines to!artici!ate b& #ord or deed% directl& or indirectl&through qualified organizations>associations% in an&anner and at an& stage of the 3hili!!ine !olitical!rocess abroad% including !artici!ation in the

ca!aign and elections"

The 3rovision of e'isting la#s to the contrar&not#ithstanding% and #ith due regard to the 3rinci!le of?ouble Criinalit&% the !rohibited acts described in thissection are electoral offenses and !unishable in the3hili!!ines"

The !enalties i!osed under Section ,29 of theOnibus Election Code% as aended% shall be i!osed onan& !erson found guilt& of coitting an& set of the!rohibited acts as defined I this section" 3rovided% that the!enalt& or !rision a&or in its iniu !eriod shall be

i!osed u!on an& !erson found guilt& of Section ,9"8hereof #ithout the benefit of the o!eration of theIndeterinate Sentence La#" If the offender is a !ublicofficer or a candidate% the !enalt& shall be !rision a&or inits iniu !eriod" In addition% the offender shall besentenced to suffer !er!etual disqualification to hold !ublicoffice and de!rivation of the right to vote"

Iigrants and !eranent residents #ho do notresue residence in the 3hili!!ines as sti!ulated in theiraffidavit under Section +d. #ithin three +8. &ears aftera!!roval of his>her registration under this Act and &et votein the ne't elections contrar& to the said section% shall be!enalized b& i!risonent of not less than one +5. &ear%and shall be deeed disqualified as !rovided in Section +c. of this Act" His>her !ass!ort shall be sta!ed


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8" If there are t#o or ore candidates #ith the sae naeand one of the is incubent% the vote shall be counted infavor of the incubent"

9" When t#o or ore #ords are #ritten on different lines#hich are the surnaes of t#o or ore candidates #ith thesae surnae of an office for #hich the la# authorizes the

election of ore than one% the vote shall be counted infavor of all the candidates" With the sae surnae"

" When the #ord #ritten is the first nae of one candidateand the surnae of another candidate% the vote shall becounted for the latter"

2" If the ballot contains the first nae of one candidate andthe surnae of another% the vote shall not be counted foreither"

7" An incorrectl& #ritten nae #hich sounds li(e the correctlritten nae of a candidate shall be counted in his

favor+4autista vs Castro%,62 SC@A 262.

B" If the #ord #ritten is the incidental nae of t#o or orecandidates for the sae office none of #ho is incubent%the vote shall be counted in favor of the candidate #hobelongs to the sae tic(et as all other candidates voted forin the ballot for the sae constituenc&"

D" The erroneous initial of the first nae acco!anied b& thecorrect surnae of a candidate or the erroneous initial ofthe sae acco!anied b& the correct first nae of acandidate shall not annul the vote in his favor"

56" A ballot in #hich the correct first nae but #rong surnaeof a candidate is #ritten or the correct surnae but #rongfirst nae of a candidate is #ritten %shall not be counted inhis favor"

55" Where a candidate naed 3edro Alfonso died on the eveof the election and his daughter Ira Alfonso substitutedhi% ballots in #hich the nae 3edro alfonso #as #rittencannot be counted in her favor" +Afonso vs" CO1ELEC%,8,SC@A 777.

5," If t#o or ore candidates #ere voted for in an office for#hich the la# authorizes the election for onl& one% the voteshall not be counted in favor of an& of the"

58" If the candidate voted for e'ceed the nuber of those to beelected% the votes for the candidates #hose naes #erefirstl& #ritten equal to the nuber of candidates to beelected shall be counted"

59" Even if the nae of a candidate #as #ritten on the #rongs!ace% it should be counted if the intention to vote for hican be deterined% as #hen there is a co!lete list ofnaes of other offices #ritten belo# his nae or the voter

#rote the office for #hich he #as electing the candidate"+Cordero vs"1oscardon%58, SC@A 959.

STR'9 "'LLOT

@ule 59 of section ,55 of the Onibus Election Codeconsiders three (inds of votes as stra&$ +5. a vote containing initialsonl&%+,. a vote #hich is illegible% and + 8. a vote #hich does notsufficientl& identif& the candidate for #ho it is intended" +-illarosavs" H@ET%896 SC@A 8D2.

The rule is in favor of the validit& of the ballot% notother#iseJ The a!!earance of !rint and scri!t #ritings in a singleballot does not necessaril& i!l& that t#o !ersons #rote the ballotJ

3aragra!h 5B%section 59D of the @EC% !rovides that unlessit should clearl& a!!ear that it has been deliberatel& !ut b& the voterto serve as identification ar(% the use of t#o or ore (inds of #riting

shall be considered innocent and shall not invalidate a ballot""

nder Section ,55+5D . of the OEC% an& vote in favor of a!erson #ho has not filed a certificate of candidac& or in favor of acandidate for an office for #hich he did not !resent hiself shall beconsidered as an astra& vote% but it shall not invalidate the #holeballotJ The une'!lained !resence of !roinent letters and #ords

#ritten #ith rear(abl& good hand ar(ed the ballots and ust beconsidered invalidJ

When in a s!ace in the ballot there a!!ears a nae ofcandidate that is erased and another clearl& #ritten% the vote is validfor the latterJ incorrect s!elling of a candidates nae does notinvalidate the ballotfor even the ost literate !erson is bound tocoit a ista(e in s!elling" +Ong vs" CO1ELEC% 897 SC@A 2B5.

CO@@ECTION O/ @ET@NS

5" 4efore the announceent of the results of the election in a!recinct% an& correction or alteration in the election returns ust beinitialed b& all ebers of the 4EI"

," After the announceent of the results in a !recinct% theauthorization of the CO1ELEC is needed to a(e an& correction oralteration"

a" If the !etition is b& all ebers of the 4EI% the results of

the election #ill not be affected% and none of the candidate affectedob*ects% the CO1ELEC% u!on being satisfied of the veracit& of the!etition% shall order the correction"

If a candidate affected b& the !etition ob*ects and the correction #illaffect the results of the election% the CO1ELEC shall order a recountof the votes% if it finds the !etition eritorious and the integrit& of theballot bo' has not been violated +section ,52% 43 BB5.

WHAT CONSTITTE AN ELECTION

3luralit& of votes sufficient for choice

Not necessar& that a a*orit& of voters should vote

CE@TI/ICATE O/ -OTES

The 4EI shall issue a certificate of the nuber of votes received b& acandidate u!on request of a #atcher" +Section 52% @A2292.

The certificate of votes is adissible in evidence to !rove anoal& inthe election return #hen authenticated b& testion& or docuentar&evidence of at least t#o ebers of the 4EI"

( C'N;'SSIN> 'N$ PROCL'M'TION

CAN-ASSIN: 4O?IES5" Congress

a" 3residentb" vice !resident

," CO1ELECa" Senatorsb" @egional Officials

8" 3rovincial board of canvassers a" Congressan

b" 3rovincial officials

19


20/30

ZPG & Associates

9" ?istrict 4oard of Canvassers in each legislativedistrict in 1etro 1anila

a" Congressan b" 1unici!al official

" Cit& and 1unici!al 4oard of Canvassers a" Congressen b" Cit& and unici!al officials 2" 4aranga& 4oard of Canvassers

a" 4aranga& officials

S4PER;ISOR9 PO8ER O;ER THE "O'R$

The CO1ELEC e'ercises direct su!ervision andcontrol over the !roceedings before the board of canvas

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