Election Law

Election is the method or process for choosing a candidate. Suffrage is the right to vote in the election for a candidate Obligation vs. Privilege Failure to register to vote is penalized. This is inconsistent with the 1987 Constitution which now provides that suffrage may and no longer provides that it shall.

COMELEC
Composition Sec. 1, Art. IX(C). One Chairman and Six Commissioners. Majority of which, including the Chairman, are engaged in the practice of law for at least 10 years. Qualication Natural-born citizens, at least 35 years of age at the time of their appointment, holders of a college degree, must not have been candidates for any elective position in the immediately preceding election (lame ducks) Power and Functions The Power to Enforce and Administer all Election Laws. Comelec is a superbody with 8 powers enumerated in the Constitution [sec. 2, Art. IX(C)] and 13 powers listed in the Omnibus Election Code (sec. 52 of B.P. 881) En Banc, 2 Divisions MR -> Rule 65 Petition for Certiorari -> SC If Majority is not met -> REHEARD

Voters
Qualications Disqualications Local Absentee Voters Overseas Absentee Voters Detainees Persons with Disabilities, special registration, (i.e. SM malls)

Registration of Voters
Qualications Disqualications ERB Deactivation, Reactivation, Cancellation Inclusion and Exclusion petition lodged with the MTC Jurisdiction Precinct, Voting Center, Polling Place System of Continuing Registration RA 8189, Biometric Registration

Candidates
Qualiations Disqualications Certicate of Candidacy, Effect of Filing (Quinto v. Comelec), Duty of Comelec No ipso facto resignation, Farinas case Substitution / Withdrawals, vote for the substituted is vote for the substitute Nuisance Candidate, Comelec motu proprio or on petition when the candidate (1) puts the election process into mockery, or (2) is a confusing candidate too similar with another candidate

Campaign
Concept, Examples, Civil Service Campaign Period / Election Period except for the President, 90 days before and 30 days after for National Elections, 45 days before for Local Elections. 90-30, 45-x. Premature Campaigning, no such thing as premature campaigning, Pinera case Statement of Contributions and Expenses Who are covered Penalty Even those withdrawn from the race are still obliged. Barangay Chairmen are exempted.

Political Parties
Party-List system Registration / Manifestation, May show intent to register even before the campaign period (before the 90 days) pursuant to the Automation Act Party-List Nominees, Maximum of 5 names. 2% = 1 guaranteed seat. Qualications Manner of Voting

Automated Elections RA 9369

Paper-based AES Minimum System Capabilities Number of Election Returns, 30 Continuity Plan in case of systems breakdown Special Election Offenses, i.e., Electoral Sabotage

Election Adjudication System

Pre-Proclamation Controversies with the COMELEC Protest led by a candidate for fraud, terrorism, etc., Quo Warranto led by anyone assailing eligibility Jurisdiction with the COMELEC before proclamation RTC/MTC; Upon proclamation, PET(SC)/SET/ HRET If person seeks candidacy in another position, election protest is deemed abandoned. It person is appointed, what happens? Procedure, Atienza case, 20% of the precincts

Mercado v. Manzano on dual allegiance vs. dual citizenship De Guzman v. Comelec Pinera v. Comelec on premature campaigning Quinto v. Comelec on the substantial distinction between elective and appointive ofcials and on the ipso facto resignation of appointive ofcials upon ling COC LADLAD v. Comelec on LGBT party-list accreditation. Moral disapproval, without more, is not a sufcient governmental interest to justify exclusion of homosexuals from participation in the party-list system. Bantay Rep v. Comelec on the constitutional duty of the COMELEC to disclose names of party-list nominees Lonzanida v. Comelec Aldovino v. Comelec Ortega v. Comelec The fact that a candidate who obtained the highest number of votes is later declared to

be disqualied or not eligible for ofce to which he was elected does not necessarily entitle the candidate who obtained the second highest number of votes to be declared the winner of the elective ofce. Though he garnered the second highest number of votes, he was not the choice of the sovereign will. A minority or defeated candidate cannot be deemed elected to the ofce. Farinas v. Comelec on the discussion on the substantial distinction between elected and appointed ofcials as obiter dictum. Sec. 67 of the OEC providing for the automatic resignation of elected ofcials upon the ling of their certicates of candidacy is repealed for being a rider. Harry Roque v. Comelec on the Automated Election System Miriam Defensor-Santiago v. Ramos on the abandonment or withdrawal of an election protest upon assuming the ofce of Senator thereby making the protest moot SWS/ABS-CBN v. Comelec on the Fair Elections Act provison prohibiting the publication of election survey results because of the possibility that such publication might undermine the integrity of the election. Held unconstitutional because it actually suppresses a whole class of expression, while allowing the expression of opinion concerning the same subject matter by newspaper columnists, radio and TV commentators, armchair theorists, and other opinion makers. Marcos v. Comelec on residence vs. domicile. Animus Revertendi. Vinzons-Chato v. Comelec on the COMELECs loss of jurisdiction upon proclamation. In an electoral contest where the validity of the proclamation of a winning candidate who has taken his oath of ofce and assumed his post as Congressman is raised, that issue is best addressed to the HRET.
Precinct

Voting Center

Polling Place