Election Law Notes and Reviewer 2010

I. GENERAL PRINCIPLES DEFINTION

NACHURA-

SUFFRAGE: right of people to vote in election of officers chosen by the people and in the determination of the questions submitted to them (election, plebiscite, referendum)
ELECTION: mean by which people choose their officials for a definition and fixed period and to whom they entrust for the time being the exercise of powers of government
(CRESCINI)

1987 CONSTITUTION
-Democratic and republican state: sovereignty resides in the people and govt emanates from them (Art. II, Sec.1)
-Suffrage (Art. V, Sec 1) cf. definition of election

RA 8189-
GENERAL RULE- mandatory prior, permissive post (DELOS ANGELES)
I. 1)title- 3 December 1985
2) public officers, referenda, plebiscites
3) a. RA 7166)- election period: 90 days prior-30 days post campaign periods ; 90, 45 (HR, city and municipal, special elections); beyond election offence (263-264)
4)obligation to register and vote- Article V (permissive)
5)postponement- violence, terrorism, loss, force majeure, and other analogous case 1)not held on date 2)suspended before the hour 4)after- motu propio/petition
6)failure- violence, fraud, loss, force majeure, and other analogous cases- only verified
7)special elections
(a) 7166 and COMELEC Rules on Special Procedure on Postponment or Suspension of Elections
1)en banc
2)if Senate and HR-at least 1 year before the expiration of term, Commission shall call and hold special election not earlier than 60 days but no longer than 90
If Senate, special election shall be held simultaneously with regular elections (TOLENTINO+ RA 6645)
3) postponement-+destruction of records, motu propio- notice, petition- opposition+hearing (summary)
4) failure- no voting, if there was = failure to elect +votes cast would have affected (BENITO)
8)availability of Election Code, printed in English, in polling places
9)official mail and special registered
10)expenses Comelec
11)failure to take oath within 6 months = vacant unless causes beyond control
12) disqualifications as amended by 7160-a)sentenced by moral turpitude or for an offence punishable one year or more, w/in 2 years after serving sentence b)admin case
c)convicted by final judgment oath of allegiance d)dual citizenship e)fugitives f)permanent residents g)insane or feeble minded g)COMELEC RULES- unqualified
(petition)

*5 year disqualification period now 2 years (Local Government Code)


Election Law Notes and Reviewer 2010

RESOLUTION 8576- a) use an automated election system or systems, whether paper-based or a direct recording electronic system as it may deem appropriate and practical
for the process of voting, counting of votes and canvassing/consolidation and transmittal of electoral results
Regular elections are those held regularly over a period of time as mandated by the Constitution:
a. National Elections, for President and Vice-President , every 6 years, and for Senators, every 3 years
b. Local Elections, for Members of House of Representatives, Party List Representatives and Provincial, City and Municipal
Officials, every 3 years
c. Barangay Elections, every 3 years, synchronized with the SK elections
d. ARMM Elections, for Regional Governor, Regional Vice-Governor, and Regional Assemblymen for the Autonomous Region in
Muslim Mindanao (ARMM), every 3 years
e. Sangguniang Kabataan (SK) Elections, every 3 years, synchronized with the barangay elections
Special elections:
f. Plebiscite is the name given to a vote of the people expressing their choice for or against a proposed law or enactment
submitted to them. In the Philippines, the term is applied to an election at which any proposed amendment to, or revision
of, the Constitution is submitted to the people for their ratification.
g. A referendum is the submission of a law passed by the national or local legislative body to the voting citizens for their
ratification or rejection. Power of referendum is the right reserved to the people to adopt or reject any act or measure
which has been passed by a legislative body, which would become a law without action on the part of the electors.
h. An initiative is the process whereby the people directly propose and enact laws. Amendments to
the Constitution may likewise be directly proposed by the people through initiative.
i. Recall 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 signed by a required percentage of the qualified voters.


Election Law Notes and Reviewer 2010




a. National elections: from the second Monday of May 1992

for President and Vice-President: every six years, and
for Senators: every three years,
b. Local elections for House of Representatives, and for provincial, city and municipal officials:
every three years from the second Monday of May 1992

See Sec. 2, Republic Act No. 7166
c.
d. Barangay elections:
every three (3) years after July 2002,
to be held on the last Monday of October, synchronized with the SK elections
e. ARMM elections:
every three (3) years from March 1993
f. SK elections:
every three (3) years after July 2002,
to be held on the last Monday of October, synchronized with the barangay elections




Election Law Notes and Reviewer 2010


Registration refers to the act of accomplishing and filing of a sworn application for registration by a qualified voter before
the election officer of the city or municipality wherein he resides and including the same in the book of registered voters upon approval
by the Election Registration Board.

See Sec. 3, par (a), Republic Act No. 8189
No. Suffrage is not a duty but a right and a privilege that may or may not be exercised.

See Art. V, Sec. 1, Philippine Constitution

Legally, no. Doing so would constitute an election offense.

See Art. XII, Sec. 115, Batas Pambansa Blg. 881
and Art. XXII, Sec. 261, Par. z, Subpar. 3, Batas Pambansa Blg. 881

II. COMELEC IX C(1)
Qualifications natural born citizens, 35>, college degree, not candidates in the preceding, chairman and majority lawyers
Composition- chairman and six commissioners
Powers- enforce, exercise oj, decide except right to vote all questions involving elections, deputise, register, file upon petition or motu- inclusion/exclusion voters,
recommend effective measure minimise spending, recommend president any officer/employee it had deputised, submit to president and congress report

III. VOTERS: QUALIFICATION AND REGISTRATION
SUFFRAGE- definition. Supra.
Art. V(1)- 18 years old resident for one year in the RP and in the place where he proposes to vote for at least six months prior, and not otherwise disqualified
117, BP 881- any person who transfers by virtue of occupation/confinement or detention, shall not lose his residence
Election Law Notes and Reviewer 2010

DISQUALIFICATIONS- 118, BP 881- 1) sentenced for one year and more (unless granted plenary pardon or amnesty)- right reacquired 5 years upon expiration of 5 years
from service 2) sentenced for crime involving disloyalty or breaches of national security right reacquired 5 years 3) insane/incompetent persons as declared by competent
authority

REGISTRATION- 115- must be in permanent list of voters for the city or municipality in which he reside (127-preparation of affidavit by any relative within 4
th
degree of
consanguinity)

26 APRIL
Comelec Resolution 8739 am. 8786
Board of Election Inspectors (usually public school teacher unless there is a lack then a resolution would be enacted)
- Support staff
-Appointed by election officer/bei
-No discretion
-Mandated to erase names
-Clustered precinct (7- maximum 1000 voters because only machines)
1 to 2 = 0 support staff
3 = 1
4 = 2

5,6,7 = 3
POWERS AND FUNCTIONS OF BEI (CAPT-AME0))
-CONDUCT VOTING
-ADMINISTER ELECTRONIC COUNTING
-PRINT ELECTRONIC REUTRNS
-TRANSMIT VOTES
-ACT AS DEPUTIES
-MAINTAIN ORDER
-ENFORECE OBEDIENCE AND PROHIBIT USE OF CAMERAS AND CELLULAR PHONES WITH CAMEREAS
-OTHER FUNCTIONS

1.ANY VOTER/WATCHER CAN CHALLENGE ILLEGAL VOTER- call attention of BEI

PHILIPPINE ELECTIONS- PLURALITY NOT MAJORITY

1.2 WATCHERS (one at a time)
INDEPENDENT

PPCRV- given the right to receive
Election Law Notes and Reviewer 2010

Watchers cannot speak to the BEI, or a voter or among themselves

DATE TIME AND PLACE OF VOTING
10-7-6 pm if within 30 metres you can go to vote-
place- public school

only official ballot can be the subject of protest not returns

WHO MAY VOTE
REGISTERED VOTERS- ELECTRONIC COMUPTERISED VOTERLIST
- Posted computerised voters list
- VRR

WHO MAY CHALLENGE
Extrinsic validity
Only oath