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Embodiment of the popular will, the expression of the sovereign power of the
people.
Components
2) Non-registered parties
If the acts are performed for the purpose of enhancing the chances of
aspirants for nomination for candidacy to a public office by a political party,
aggroupment, or coalition of parties.
RA 9006 FAIR ELECTION ACT
Important Features:
1) Repeal of Sec. 67 of the OEC Now, any ELECTIVE official, whether national
or local, running for any office other than
the one which he is holding in a permanent
capacity shall not be considered ipso facto
resigned from his office upon the filing of his
certificate of candidacy.
2) Lifting of the Political Ad Ban
areas
( not more than 10 public places per political
party or independent candidate, 12 16),
private places and public places
Rally streamers (3 x 8) NOT MORE THAN 2
Paid Advertisements at Discounted Rates
Print : 1/4th page in broadsheet and page
in tabloid 3x a week
Television: 120 minutes for candidate for
nationally elective office and 60 for local
Radio: 180 minutes for candidate for
nationally elective office and 90 for local
COMELEC
free
space
(3
national
newspaper for nationally elective officials
and 1 national newspaper for local) and
airtime
(3 national television networks for nationally
elective officials and 1 station for local ) :
equal allocation for all candidates for 3
calendar days
Exclusion/ Inclusion
Cancellation of Registration in case of Death
New voters
Annulment of Book of Voters
Transfer of Residence
Violence
Terrorism
Loss or destruction of election paraphernalia/records
Force majeure
Other analogous causes
Deactivation/ Reactivation
Effect
It is impossible to hold a free, orderly and honest election in any political
subdivision
COMELEC can postpone the election (when decided by a majority vote of the
COMELEC sitting en banc, RA 7166):
A. Motu proprio
B. Upon a verified petition by any interested party, after due notice and
hearing
Date of new election
The date of the postponed election should be reasonably close to the date
of the election not held, suspended, or which resulted in a failure to elect. It
should not be later than 30 days after the cessation of the cause for such
postponement or suspension of the election or failure to elect.
Failure of Election
Causes
Force majeure
Violence
Terrorism
Fraud
Other analogous causes
Under RA 7166, the causes for the declaration of the failure of election
may occur before or after the casting of votes or on the day of the election.
Effects of above causes
A. Election in any polling place was not held on the date fixed;
B. Election was suspended before the hour fixed by law for the closing of the
voting
C. Elections results in a failure to elect (after the voting and during the preparation
and
transmission of the election returns or in the custody or canvass thereof)
AND the failure or suspension of the election would affect the result of the
election
Remedy
COMELEC can call for the holding or continuation of the election not held,
suspended, or which resulted in a failure to elect. The election should be held not
later than 30 days after the cessation of the cause of the postponement or
suspension of the election or failure to elect. This is decided by the COMELEC, by
a majority vote of its members, sitting en banc.
RA 7941 Party-List System Act
Seeks to promote proportional representation
Any party already registered need not register anew. File manifestation not
later than 90 days before election.
Grounds for refusing or canceling registration of Party-Lists groups
a. Religious sect or denomination, organization
b. Advocates violence
c. Foreign party or organization
d. Receives foreign support
e. Violates election law
f. Untruthful statements in its petition
g. Ceased to exist for at least one year
h. Failed 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 2 preceding
elections for the constituency in which it has registered
Nomination of party-list reps should not include any candidate for any elective
office or a person who has lost his bid for an elective office in the immediately
preceding election
Incumbent sectoral representatives in the House of Representatives who are
nominated in the party-list system shall not be considered resigned
Party List Reps constitute 20% of the total number of the members of the
House of Reps including those under the party-list
How do we determine the number of party list seats in the House of Reps?
B.
It would also refer to any matter raised under Sections 233, 234,
235, and 236 of the Omnibus Election Code in relation to the preparation,
transmission, receipt, custody, and appreciation of the election returns.
(Board of canvassers have original jurisdiction while COMELEC have
appellate jurisdiction)
1. When election returns are delayed, lost or destroyed (Sec.233)
2. Material defects in the election returns (Sec. 234)
3. When election returns appear to be tampered with or falsified.
(Sec. 235)
4. Discrepancies in election returns (Sec. 236)
Definition
A.
A pre-proclamation controversy refers to any question pertaining to
or affecting the proceedings of the board of canvassers which may be
C. Those that can be filed with COMELEC directly are the ff:
Issue involves the illegal composition or proceedings of the board
of canvassers, as when a majority or all of the members do not hold
legal appointments or are in fact usurpers
Issue involves the correction of manifest errors in the tabulation or
tallying
of the results during the canvassing
Recount
There can be a recount under the grounds of 234-236. The returns involved will
affect the results and the integrity of the ballot box has been preserved
Issues that may be raised in a pre-proclamation controversy
A. Illegal composition or proceedings of the board of canvassers
B. The canvassed election returns are incomplete, contain material defects,
appear to be
tampered with or falsified, or contain discrepancies in the
same returns or in authentic
copies thereof.
C. The election returns were prepared under duress, threats, coercion, or
intimidation, or they are obviously manufactured, or not authentic.
D. When substitute or fraudulent returns in controverted polling places were
canvassed, the results of which materially affected the standing of the
aggrieved candidate/s.
Procedure
B.
Election Contest
Original Jurisdiction
Regional
Provincial
City officials
Appellate Jurisdiction
COMELEC has APPELLATE jurisdiction over all contests involving:
A. Elective MUNICIPAL officials decided by trial courts of GENERAL
jurisdiction
B. Elective BARANGAY officials decided by trial courts of LIMITED
jurisdiction
Who can file a petition contesting the election
Any candidate who has duly filed a certificate of candidacy and has been
voted for the same office
Purpose of an election contest
The defeated candidate seeks to outs the proclaimed winner and claims
the seat.
Final COMELEC Decisions
Provision that decisions, final orders, rulings of the Commission on
election contests involving municipal and barangay offices are final, executory
and not appealable:
A. This only applies to questions of FACT. ( Flores v. COMELEC, 184
SCRA 484)
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Jurisdiction of courts
A. RTC has exclusive original jurisdiction to try and decide any criminal action or
proceedings for violation of the Code.
B. MTC/MCTC have jurisdiction over offenses relating to failure to register or
vote.
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