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CHAPTER 1
ELECTION a) The means
b) by which the people process/system
c) choose their officials the true sovereign
d) for a definite and selection
fixed period term of office
e) and to whom they entrust for the time
being as their representatives people
dont rule themselves; feature of
republicanism
f) the exercise of the power of government
legislative; executive

President 6 years; no re-election

Vice-President 6 years; with re-election
Senator 6 years; 2 terms
Congressmen 3 years; 3 terms

SUFFRAGE a) Right to vote

b) in the election of officers chosen by the
people general/special
c) in the determination of all questions
submitted to the people

ELECTION VS SUFFRAGE ????

SCOPE OF SUFFRAGE
ELECTION Expression of the sovereign will of the people
involving the choice or selection of candidates to
public office by popular vote.

PLEBISCITE Election at which any proposed amendment to or

revision of the constitution is submitted to the
people for their ratification.

REFERENDUM Submission of a law passed by the national or local

legislative body to the registered voters at an
election called for that purpose for their
ratification.

INITIATIVE Process whereby the registered voters directly

propose, enact, or amend laws (national or local)
through an election called for the purpose.

RECALL 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 qualified voters.
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2 KINDS OF ELECTION
1) GENERAL One provide by law for the election of officers
throughout the state or certain subdivision after
the expiration of the full term of the former
officers.

General Elections May 9, 2016

2) SPECIAL - One provided for by law under special

circumstances such as when an election is held to
fill a vacancy in office; death, resignation,
permanent disability

- when certain proposals are submitted to the vote

of electors (referendum or plebiscite)

RA 7166 (Nov. 1999) vacancy in the house of

representatives special election = not earlier than
60 days not later than 90 days from occurrence of
vacancy

*We adopt Australian system in the Philippines - the secrecy of ballots (Sec. 2, Art. 5, 1987 Consti)
- adopted since 1901

THEORIES ON SUFFRAGE
1) NATURAL RIGHT a) inherent right of every citizen
b) by virtue of his membership in the State
c) who is not disqualified by reason of his
own reprehensible conduct or unfitness

- this view dominated USA and France

political thought in the 18th century

2) SOCIAL EXPEDIENCY a) public office or function

b) conferred upon those fit and capable of
discharging it

- not a right but a duty enjoined upon some

citizen

3) TRIBAL a) suffrage is a necessary attribute of

membership in the State

- not a natural right but accrues only when

one becomes member of state

4) FEUDAL a) vested privilege usually accompanying the

ownership of land
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- before in most US states only Caucasian

males who owned at least 50 acres of land

5) ETHICAL a) necessary and essential means for the

development of society

- indicative of political maturity

PHILIPPINE THEORY ON SUFFRAGE

A RIGHT expression of the sovereign will Sec. 1, Art. II, 1987 Constitution
of the people The Philippines is a democratic
and republican State.
Sovereignty resides in the people
and all government authority
emanates from them.

A PRIVILEGE not granted to everybody but to Sec. 1, Art. V, 1987 Constitution

such persons as are most likely
to exercise it for the common
good
Suffrage may be exercised by
all citizens of the Philippines not
otherwise disqualified by law,
who are at least eighteen years
of age, and who shall have
resided in the Philippines for at
least one year and in the place
wherein they propose to vote for
at least six months immediately
preceding the election. No
literacy, property or other
substantive requirement shall be
imposed on the exercise of
suffrage.

A DUTY which every citizen owes to his Sec. 4, BP 881 it shall be the
country duty of every citizen to register
and cast his vote

Sec. 4, Art. V, 1973 Constitution

it shall be the obligation of
every citizen qualified to vote to
register and cast their vote.

COMPARATIVE PROVISIONS ON SUFFRAGE

1935 1973 1987
BASIC PROVISION Sec. 1, Article V Sec. 1, Art. VI Sec. 1, Art. V
Suffrage may be exercised by Suffrage shall be exercised by Suffrage may be exercised by
male citizens of the citizens of the Philippines not all citizens of the Philippines
Philippines not otherwise otherwise disqualified by law, not otherwise disqualified by
LIEZL2015/NOTES
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disqualified by law, who are
twenty-one years of age or
over and are able to read and
write, and who shall have
resided in the Philippines for
one year and in the
municipality wherein they
propose to vote for at least
six months preceding the
election. The National
Assembly shall extend the
right of suffrage to women, if
in a plebiscite which shall be
held for that purpose within
two years after the adoption
of this Constitution, not less
than three hundred thousand
women possessing the
necessary qualifications shall
vote affirmatively on the
question.
who are eighteen years of
age or over, and who shall
have resided in the
Philippines for at least one
year and in the place wherein
they propose to vote for at
least six months preceding
the election. No literacy,
property, or other
substantive requirement
shall be imposed on the
exercise of suffrage. The
Batasang Pambansa shall
provide a system for the
purpose of securing the
secrecy and sanctity of the
vote.
law, who are at least
eighteen years of age, and
who shall have resided in the
Philippines for at least one
year, and in the place
wherein they propose to
vote, for at least six months
immediately preceding the
election. No literacy,
property, or other
substantive requirement
shall be imposed on the
exercise of suffrage.

GENDER male citizens citizens (no distinction) all citizens

AGE 21 18 18

RESIDENCE 1 year Philippines 1 year Philippines 1 year Philippines

6 months municipality 6 months municipality 6 months municipality
to vote to vote to vote

LITERACY able to read and write no literacy or property no literacy or property

requirement requirement

REQUISITES FOR THE EXERCISE OF SUFFRAGE

1. QUALIFIED a) all citizens of the Philippines aliens not
(Sec. 1, Art. V, 1987 Constitution) included
b) not otherwise disqualified by law same
disqualification for registration of voters
c) who are at least 18 years of age lowered
to 18 from 21 years of age in 1935
Constitution
d) and who shall have reside in the
Philippines for at least one year and in the
place wherein they propose to vote for at
least 6 months immediately preceding the
election

2. NOT DISQUALIFIED a) any person sentenced by final judgment to

(Sec. 118, BP 881) suffer not less than one year
imprisonment (unless granted parole,
pardon or amnesty) right is only acquired
after five years of service of sentence.
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b) crime involving disloyalty or against

national security treason, rebellion,
sedition, espionage, violation of at the
anti-subversion and firearm laws
c) insane or incompetent person as declared
by competent authority

3. REGISTERED IN THE LIST OF VOTERS a) Sec 10, BP 8189

A qualified voter shall be registered in the
permanent list of voters in a precinct of the
city or municipality wherein he resides to be
able to vote in any election. To register as a
voter, he shall personally accomplish an
application form for registration as prescribed
by the Commission in three (3) copies before
the Election Officer on any date during office
hours after having acquired the qualifications
of a voter.

b) Sec. 6 (2) BP 9189

Qualified citizens of the Philippines abroad
who failed to register under Republic Act No.
8189, otherwise known as the "The Voters
Registration Act of 1996", may personally
apply for registration with the Election
Registration Board of the city or municipality
where they were domiciled immediately prior
to their departure from the Philippines, or
with the representative of the Commission at
the Philippine embassies, consulates and other
foreign service establishments that have
jurisdiction over the locality where they
temporarily reside.

c) Sec. 4, BP 881
It shall be the obligation of every citizen
qualified to vote to register and cast his vote.

d) Sec. 4, Art. V, 1973 Constitution

It shall be the obligation of every citizen
qualified to vote to register and cast his vote.

4. NO FURTHER QUALIFICATION a) no literacy ability to read and write

(Sec. 1, Art. V, 1987 Constitution) b) property objection against the feudal
theory
c) or other substantive requirement shall be
imposed on the exercise of suffrage

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CHAPTER 2 REGISTRATION OF VOTERS

PRE-ELECTION ELECTION PROPER POST-ELECTION

1) Registration
2) Challenge
3) Inclusion
4) Exclusion
5) Voters: Qualification and
Disqualification
6) Certificate of Candidacy
7) Precincts and polling places
8) Ballot Boxes
9) Watchers
10) Petition to deny
correspondence to or to cancel a
certification of candidacy
11) Political Parties
12) Election campaign
(expenditures and propaganda)
1) counting of votes
2) Board of Election Inspectors
3) Appreciation of Ballots
4) Election Returns
1) casting of votes 5) announcement of the results
of the election and issuance of
certificate of votes received
2) challenge of illegal voters 6) canvass and proclamation
3) records of challenges and 7) pre-proclamation controversy
oaths
4) minutes of voting and 8) election contest against a
counting of votes pronounced candidate
5) List of unused ballots 9) original and exclusive
jurisdiction
10) appellate jurisdiction
11) requisites of an election
protest
12) quo warranto, its requisites
13) election offenses
14) appeal

RELEVANT LAWS IN REGISTRATION OF VOTERS

LAW TITLE EFFECTIVITY
BP 881 Omnibus Election Code December 3, 1985
RA 8189 Voters Registration Act of 1996 June 11, 1996
RA 9189 Overseas Absentee Voting Act of February 13, 2003
2003
RA 10367 Mandatory Biometrics Voter February 15, 2003
Registration

REGISTRATION OF VOTERS
RATIONALE a) as a means of determining who possess
the qualification of voters; requires their
examination of the claims of persons to
vote on the ground of possessing these
qualifications
b) of regulating the exercise of the right to
vote reasonable and convenient means

NECESSITY a) registration is essential to the exercise of

the right to vote;
b) it is part and parcel of the right to vote
c) and indispensable element in the election
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process (condition sine qua non)

DUTY TO REGISTER Sec. 4, BP 881

a) It shall be the duty of every citizen to
register and cast his vote.

Sec. 115, BP 881

a) In order that a qualified elector may vote
in any election, plebiscite, or referendum,
b) he must be registered in the permanent
list of voters for the city or municipality in
which he resides

REGISTRATION Sec. 3, RA 8189

a) accomplishing and filing a sworn
application for registration; must be under
oath
b) by a qualified voter; 1) Filipino 2) not
disqualified by law 3) at least 18 years of
age 4) at least one year Philippine
resident; place of vote at least 6 months
immediately preceding the election.
c) before election officer (EO) of city or
municipality wherein he resides; EO is the
local representative of COMELEC in all
cities or municipalities
d) and including the same in the book of
registered voters; completes the process
of registration; applicant is now
considered a registered voter
e) upon approval by election registration
board hearing; quantity; composition:
Election Officer as chair, most senior in
rank public school official, local civil
registrar as members

CONTINUING REGISTRATION Sec. 3, RA 8189

a) the personal filing of application of
registration of voters shall be conducted
daily in the office of the election officer
during regular office hours
b) no registration shall, however, be
conducted during the period starting 120
days before a regular election and 90 days
before a special election

MANDATORY BIOMETRIC CAPTURE RA 10367

a) new application requires mandatory
capture of applicants biometrics
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CHAPTER 3
CHALLENGES TO THE RIGHT TO REGISTER
Who may challenge? a) any voter
(Sec. 18, RA 8189) b) candidate or
c) representative of a registered political
party
Requirements a) application in writing
b) under oath attached to the application
c) proof of notice of hearing
d) state the ground
Procedure Hearing: 3rd Monday of the month
Decision: rendered before end of the month
Opposition (in form of Answer) a) filed not later that 2nd Monday
b) scheduled to be heard by Election
Registration Board
PETITION FOR INCLUSION
Who may file a) any person whose application for
(Sec. 34, RA 8189, SCR) registration has been disapproved by the
Board.
b) Any person whose name has been stricken
out from the list
Requirements a) Petition
b) Certificate of disapproval of application
c) Proof of service of notice of petition from
the board
Where to file a) Municipal Trial Court or Metropolitan Trial
Court
When to file a) At any time
b) except 105 days prior to regular election
or 75 days prior to special election.
When to decide a) within 15 days after its filed
Appeal a) within 5 days from receipt of notice
b) to Regional Trial Court
c) deciding appeal within days from receipt
d) Decision is final and executory (No Motion
for Reconsideration)
PETITION FOR EXCLUSION
Who may file a) Any registered voter
(Sec. 35, RA 8189, SCR) b) representative of a political party
c) election officer
Requirements a) sworn statement
b) process of notice to the board and to the
challenged voter
Where to file a) Municipal Trial Court or
b) Metropolitan Trial Court
c) at any time
d) except 100 days prior to regular election
or 65 days prior to special election
When to decide a) within 10 days after its filing
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Appeal a) within 5 days from receipt of notice

b) to Regional Trial Court
c) Decision: appeal within 10 days from
receipt
d) Decision is final and executory (No Motion
for Reconsideration)

Why there is a difference of time to file for inclusion (105 days prior to regular election; 75 days special
election) and exclusion (100 days prior to a regular election and 65 days prior to a special election)?

- Period the Decision has to be rendered

ANNULMENT OF BOOK OF VOTERS

Section 39, RA 8189
Who may file a) any voter
b) election officer
c) duly registered political party
Requirements Verified petition
-state the grounds
Grounds a) not in accordance with RA 8189
b) prepared through fraud, bribery, forgery,
impersonation, intimidation, force or any
similar irregularity
c) contains data that are statistically
improbable
Limitations a) order, ruling or decision annulling a book
of voters shall not be execute 90 days
before an election
b) Order annulling book of voters is not a
ground for pre-proclamation controversy.

CHAPTER 4

*MEMORIZE

Qualifications for National Elective Offices (CALVRES=Citizenship, Age, Literacy, Voter, Residence)

President & VP Senate House of

Representative
Basis (1987 Sec 2 Art VII Sec. 3 Art VI Sec. 6 Art VI
Constitution)
Citizenship Natural Born Citizen Natural Born Citizen Natural Born Citizen
Age At least 40 years old at At least 35 years old at At least 25 years old at
the day of election the day of election the day of election
Literacy Able to read and write Able to read and write Able to read and write
Voter Registered voter Registered voter Registered Voter in the
District which he shall
LIEZL2015/NOTES
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be elected
Residence Resident of the Resident of the A resident of the district
Philippines for not less Philippines for not less for a period of not less
than 10 years than 2 years than 1 year
immediately preceding immediately preceding immediately preceding
the day of the election. the day of the election. the day of the election.

Why Natural born Citizen? On the justification that people who are voted on this election must have an
absolute and undivided allegiance

Residence? For Familiarity and acquaintance

Qualifications for Local Elective Offices

Governor and Vice Mayor HUC Mayor and SP & SB

Governor Vice Mayor (City)
Basis Sec. 39 RA 7160 Sec. 39 RA 7160 Sec. 39 RA 7160 Sec. 39 RA 7160
Citizenship Citizen Citizen Citizen Citizen
Age At least 23 Years At least 23 Years At least 21 Years At least 18 Years
old on election old on election old on election old on election
day day day day
Literacy Able to read and Able to read and Able to read and Able to read and
write Filipino or write Filipino or write Filipino or write Filipino or
any other local any other local any other local any other local
language or language or language or language or
dialect dialect dialect dialect
Voter Registration Registered Voter Registered Voter Registered Voter Registered Voter
in the district
Residence 1 yr in the 1 yr in the 1 yr in the 1 yr in the
province where he province where he province where he province where he
intended to be intended to be intended to be intended to be
elected 2 Years in elected 2 Years in elected 2 Years in elected 2 Years in
the Philippines the Philippines the Philippines the Philippines

Definition of terms

Candidate Sec 79 (a) BP 881 1. Any person

2. Aspiring for or seeking an elective office
3. Who has filed a certificate of candidacy
4. By himself or through an accredited political
party, aggroupment , or coalition of parties
Qualification 1. a conditional circumstance
2. that must be met or complied with
3. to make a person suitable for a particular
position
Disqualification 1. The quality of not being suitable
2. For a particular position
LIEZL2015/NOTES
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Natural Born Citizen 1. Those who are citizens of the Philippines from
birth 2. Without having to perform any act to
acquire or perfect Citizenship 3. Those born before
January 17, 1973 of Filipino Mothers who elect
Philippine citizenship at the age of majority
Residence 1. Indicate a place of abode whether permanent or
temporary
Domicile 1. For the exercise of civil rights and fulfilment of
Art 50 Civil Code civil obligations
2. The domicile of natural persons is the place of
their habitual residence

Disqualifications (Omnibus Election Code Sec.12)

1. has been declared by competent authority insane or incompetent
2. sentenced by final judgment for subversion, insurrection, rebellion
3. sentenced by final judgment for a crime involving moral turpitude

Disqualifications applicable to LEO only (Sec 40 Ra 7160)

1. Those sentenced by final judgment for an offense involving moral turpitude or for an offense
punishable by one (1) year or more of imprisonment, within two (2) years after serving sentence;
2. Those removed from office as a result of an administrative case;
3. Those convicted by final judgment for violating the oath of allegiance to the Republic;
4. Those with dual citizenship;
5. Fugitives from justice in criminal or non-political cases here or abroad;
6. Permanent residents in a foreign country or those who have acquired the right to reside abroad and
continue to avail of the same right after the effectivity of this Code; and
7. The insane or feeble-minded.

Father of LGC- Senator Aquilino Pimentel Jr.

Can a Juridical person run for public office?

LIEZL2015/NOTES