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Written and Edited by: APAYA, Edrian and DAVID, Jose Angelo. REFERENCES: Relevant laws, jurisprudence and San Beda Law BarOps Memory Aid.
Please notify the author/s concerned for corrections, suggestions and comments.
Election Law Reviewer 2
The campaign periods shall not include the day 4. Petitions for the postponement, declaration of
before and the day of the election (Sec. 3, B.P. failure of election and the calling of special
881). elections (Loong v. COMELEC); and
5. The COMELEC en banc has the power to
prosecute election cases, and in the exercise of
History of Election such prosecutory power, it conducts preliminary
investigation, decides whether or not there exists
1. 1897 Biak na Bato Constitution a probable cause and files the corresponding
No suffrage information in court. (Faelnar v. People).
2. 1899 Malolos Constitution
No suffrage Powers and Functions:
3. 1935 Constitution 1. Enforcement and Administration of Election Laws
-Suffrage is limited to male citizens, 21 and Regulations
years of age, and able to read and write. 2. Power to ensure free, honest, orderly credible
-Suffrage for women is subject to and peaceful elections.
plebiscite of 300,000 women. 3. Rule Making Power
4. 1973 Constitution 4. Quasi-Legislative Functions
-suffrage is mandatory. Failure to register 5. Quasi-Judicial Power
is an election offense. 6. Contempt and Subpoena
5. 1987 Constitution 7. Auxiliary writs and processes
8. Specific Powers
a. Power to declare failure of elections
THE COMMISSION ON Two conditions must concur before the
COMELEC can act on a petition seeking
ELECTIONS to declare a failure of elections:
Chapter i. No voting took place in the precinct
2 or precincts on the date fixed by law,
or even if there was voting, the
Jurisdiction election resulted in failure to elect;
and
General Rule: The COMELEC sitting en banc does ii. The votes not cast would have
NOT have the requisite authority to hear and decide affected the result of the elections.
election cases in the first instance. This power (Dibratun v. Comelec)
pertains to the divisions of the Commission. Any
decision by the Commission en banc as regards *The cause of such failure of election
election cases decided by it in the first instance is null could only be any of the following:
and void (Abad v. COMELEC) force majeure, violence, terrorism,
fraud, or other analogous cases.
Exceptions:
1. When what is involved in the case is purely b. Power to call for special elections
administrative, and not quasi-judicial in nature; In fixing the date for special elections,
2. When the required number of votes to reach a the Comelec should see to it that:
decision, resolution, order or ruling is not i. It should not be later than 30 days
obtained in the division (Garvida v. Sales, Jr.) after the cessation of the cause of
3. Where the petitioner invoked the jurisdiction of the postponement or suspension of
the COMELEC en banc, participated in its the election or failure to elect; and
proceedings and sought relief therefrom, in which
instance he is estopped to subsequently question
the jurisdiction of the COMELEC en banc
(Ramirez v. COMELEC);
In election cases, the Court treats domicile and In order that a qualified elector may vote in any
residence as synonymous terms. Both import not election, plebiscite or referendum, he must be
only an intention to reside in a fixed place but registered in the permanent list of voters for the city
also personal presence in that place, coupled or municipality in which he resides (Sec. 115, OEC).
with conduct indicative of such intention. Domicile
denotes a fixed permanent residence to which Registration does not confer the right to vote; it is
when absent for business or pleasure, or for like but a condition precedent to the exercise of the
reasons, one intends to return (Pundaodaya v right. Registration is a regulation, not a
Comelec) qualification (Yra v. Abano)
Petition for Inclusion Any person Absentee voting- the process by which ratified
whose application for registration has been citizen of the Philippines abroad exercises their
disapproved by the Board or whose name has right to vote. (Sec. 3)
been stricken out from the list may file with the
court a petition to include his name in the Overseas Absentee Voter" refers to a citizen of
permanent list of voters in his precinct at any the Philippines who is qualified to register and
time except one vote under this Act, not otherwise disqualified by
The list and the request shall be under oath. (Sec. 2) 5. Coalition refers to an aggrupation of duly
registered national, regional, sectoral parties or
Upon verification of the applications, the Commission organizations for political and/or election
shall transmit the exact number of absentee ballots to purposes.
Registration
3. Additional Grounds for Disqualification 1. Shall not serve for more than three consecutive
(Sec. terms. (Sec. 7 Art. VI);
68, BP 881) 2. One who has been declared by competent
a. One who has violated provisions on: authority as insane or incompetent;
i. Campaign period 3. One who has been sentenced by final judgment
ii. Removal, destruction of lawful election for subversion, insurrection, rebellion, or for any
propaganda offense for which he has been sentenced to a
iii. Prohibited forms of propaganda penalty of more than 18 months or for a crime
iv. Regulation of propaganda through mass involving moral turpitude, unless given plenary
media pardon or granted amnesty. (Sec. 12, BP 881 or
b. One who has given money or other material the Omnibus Election Code)
consideration to influence voters
c. One who committed acts of terrorism Governor, Vice-governor, Mayor, Vice-
d. One who spent election campaign in excess mayor, Punong barangay, Sanggunian (sg)
allowed by law members: (Sec. 41, R.A. 7160)
e. One who solicited or received contribution
prohibited by law 1. sentenced by final judgement for an offense
involving moral turpitude or for an offense
President: punishable by 1 year or more, within 2 years after
1. not eligible for any reelection; serving sentence;
2. no person who has succeeded as President and 2. removed from office as a result of an
served as such for more than four years shall be administrative case;
qualified for election to the same office at any 3. convicted by final judgment for violating the oath of
time. (Sec.4, Art. VII) allegiance to the Republic of the Philippines;
3. General Disqualification* 4. with dual citizenship;
5. fugitives from justice in criminal and non-political
Vice-President: case here and abroad;
6. permanent residents in a foreign country or those
1. Shall not serve for more than two consecutive who have acquired the right to reside abroad and
terms. (Sec.4, Art. VII and Sec. 4, Art. VI); continue to avail of the same right after the
effectivity of the Local Government Code;
2. General Disqualifications: 7. insane or feeble-minded
a. one who has been declared by competent
authority as insane or incompetent;
One who has been sentenced by final judgment for Certificate of
subversion, insurrection, rebellion, or for any Candidacy
offense for which he has been sentenced to a A statement of a person seeking to run for a public
penalty of more than 18 months or for a crime office certifying that he announces his candidacy for
involving moral turpitude, unless given plenary the office mentioned and that he is eligible for the
pardon or granted amnesty. (Sec. 12, BP 881) office, the name of the political party to which he
belongs if he belongs to any, and his post-office
Limitation on AUTOMATED
Expenses:
Sec. 13, Synchronized Elections and for Electoral ELECTIONS
Reforms R.A. 7166 Chapter
1. Candidates: Ten pesos (P10.00) for President 7
and Vice-President; and for other candidates
Three Pesos (P3.00) for every voter currently
registered in the constituency where he filed his Automated Elections Act (R.A. 9369)
certificate of candidacy: Provided, That a
candidate without any political party and without Automated election system, hereinafter
support from any political party may be allowed to to as AES - a system using
spend Five Pesos (P5.00) for every such voter; appropriate technology which has been
and demonstrated in the voting,
2. For political parties: Five pesos (P5.00) counting, consolidating, canvassing,
for every voter currently and transmission of election result, and
registered in the other electoral process; (Sec. 2)
constituency or constituencies where it has Electronic transmission - conveying data in
official candidates. electronic form from one location to other;
(Sec. 2)
Statement of Contributions and Expenses Paper-based election system - a type
(Sec. of automated election system that use
14, RA 7166) paper ballots, records and counts votes,
Every candidate and treasurer of the political party tabulates, consolidates/canvasses and
shall, within thirty (30) days after the day of the transmits
election, file in duplicate with the offices of the electronically the results of the vote count;"
Commission the full, true and itemized statement of (Sec. 2)
all contributions and expenditures in connection with Direct recording electronic election
the election. system - a type or automated election
system that uses electronic ballots, records,
Effect of Failure to votes by means of a ballot display provided
File: with mechanical or electro-optical component
1. Prohibited from entering upon the duties of his that can be activated by the voter, processes
office data by means of a computer programs,
2. Administrative fines record voting data and ballot images, and
In the case of Pilar v COMELEC (245 SCRA transmits voting results electronically; (Sec.
759), it was held that the law made no 2)
That in all things, God may be glorified!
2S 2011-2012
Election Law Reviewer 23
Continuity plan - a list of contingency integrity and outcome of the 10 May 2010
measures, and the policies for activation of elections solely in the hands of the Provider
such, that are put in place to ensure (Roque v. Comelec, G.R. No. 188456,
continuous operation of the AES; (Sec. 2) September 10, 2009, Justice Carpio
dissenting)
In the case of Roque v. Comelec (G.R. No.
188456, September 10, 2009), the SC held The Advisory Council (Section
that the COMELEC did not abdicate its 8)
mandate and responsibility under Sec. 26 of Eight members who must must be registered
RA 8436. With the view the SC takes of the Filipino voters, of known independence,
automation contract, the role of Smartmatic competence and probity;
TIM Corporation is basically to supply the
goods necessary for the automation project, A person who is affiliated with any political
such as but not limited to the PCOS party or candidate for any national position,
machines, PCs, electronic transmission or is related to a candidate for any national
devices and related equipment, and the like. position by affinity or consanguinity within the
As lessees of the goods and the back-up fourth civil degree, shall not be eligible for
equipment, the corporation and its operators appointment or designation to the Advisory
would provide assistance with respect to the Council. Should any such situation arise at
machines to be used by the COMELEC any time during the incumbency of a
which, at the end of the day, will be member, the designation or appointment of
conducting the election thru its personnel and that member, shall ipso facto be terminated
whoever it deputizes.
Joint Congressional Oversight Committee
The COMELEC should be afforded ample (Section 33)
elbow room and enough wherewithal in Composed of seven members each from the
devising means and initiatives that would Senate and the House of Representatives
enable it to accomplish the great objective for o four of whom shall come from the
which it was created to promote free, majority
orderly, honest and peaceful elections o three from the minority