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ELECTION LAW Under: Judge Palamos SUFFRAGE: right to vote in the election of officers chosen by the people in the determination of questions submitted to the people. Includes: election, plebiscite, initiative and referendum AS A RIGHT: expression of the sovereign will of the people AS A PRIVILEGE: not granted to everybody but to such persons as are most likely to exercise it for the purpose of the public good. (SUBJ: substantive and procedural requirements) RIGHT TO VOTE is different from the right to register. A person may register before he is 18 years old, but he must be at least 18 years old on the day of election. 1. When what is involved in the case is purely administrative, and not quasi-judicial in nature; 2. When the required number of votes to reach a decision, resolution, order or ruling is not obtained in the division. 3. Where the petitioner invoked the jurisdiction of the COMELEC en banc, participated in its proceedings and sought relief therefrom, in which instance he is estopped to subsequently question the jurisdiction of the COMELEC en banc 4. Petitions for the postponement, declaration of failure of election and the calling of special elections; and 5. The COMELEC en banc has the power to prosecute election cases, and in the exercise of such prosecutory power, it conducts preliminary investigation, decides whether or not there exists a probable cause and files the corresponding information in court
ELECTION: means by which the people choose their officials for a definite and fixed period and to whom they entrust for the time being the exercise of the powers of the government a. REGULAR one provided by law for the election of officers either nationwide or in certain subdivisions; AFTER the full term of the former officers b. SPECIAL one held to FILL a vacancy in office BEFORE the expiration of the full term for which the incumbent was elected. THEORIES ON SUFFRAGE 1. Natural right natural and inherent not disqualified 2. Social expediency public function conferred upon citizen 3. Tribal - attribute as a member of the State 4. Feudal vested privilege 5. Ethical necessary and essential means for the development of society PHILIPPINES: privilege and obligation Australian system (strict secrecy in balloting) CONSTITUTIONAL MANDATE ON CONGRESS 1. Provide: secrecy and sanctity of the ballot and for absentee voting by QUALIFIED Filipinos abroad 2. Provide: for absentee voting 3. Overseas Absentee Voting Act 4. To design a procedure for the disabled and the illiterate to vote without the assistance of other persons ELECTION PERIOD: Unless otherwise fixed by the COMELEC in special cases, election period: 90 days before the DAY of election and shall end 30 days THEREAFTER. COMELEC Jurisdiction General Rule: The COMELEC sitting en banc does NOT have the requisite authority to hear and decide election cases in the first instance. This power pertains to the divisions of the Commission. Any decision by the Commission en banc as regards election cases decided by it in the first instance is null and void. Exceptions: MMCN
Composition: (a) chairman (b) 6 commissioners Qualifications: (a) Natural born citizens (b) Time of appointment at least 35 years of age (c) Holders of a college degree (d) Not candidates for any elective position in the immediately preceding election (e) Majority + Chairman members of PH Bar: engaged in practice of law for at least 10 years.
Appointment: (a) Chairman: appointed by President with consent of COA 7 YEARS without reappointment (b) 3 members: 7 years (c) 2 members: 5 years (d) 1 member 3 years Absence: absence of chairman President cannot appoint from the members; this would become the discretion of the COMMISSION; not exercised by the President Powers and Functions: 1. Enforcement and Administration of Election Laws and Regulations 2. Power to ensure free, honest, orderly credible and peaceful elections. 3. Rule Making Power 4. Quasi-Legislative Functions 5. Quasi-Judicial Power 6. Contempt and Subpoena 7. Auxiliary writs and processes 8. Specific Powers: a. Power to declare failure of elections Two conditions must concur before the COMELEC can act on a petition seeking 1
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Disqualifications: a. ANY PERSON sentenced by final judgment to suffer IMPRISONMENT not less than one year (unless granted a plenary pardon or an amnesty) i. Right is acquired upon the expiration of 5 years after service of sentence b. ANY PERSON adjudged by final judgment of having been COMMITTED any crime involving DISLOYALTY to the government OR any crime against NATIONAL SECURITY (unless restored to full civil and political rights in accordance with law) i. Right is acquired upon the expiration of 5 years after service of sentence c. Insane or incompetent persons as declared by authority NOTE: These qualifications are continuing requirements. CONGRESS may NOT add qualifications but can provide for procedural requirements and disqualifications. i. Disqualifications MUST NOT amount to qualifications Residence ones domicile or legal residence Where a party actually or constructively has his permanent home, or where he, no matter where he may be found, eventually intends to return and remain. RESIDENCY REQUIREMENT: a. DOMICILE reference to the 1-year period in the PH i. Physical presence in the country ii. Intention to remain iii. Intention to abandon the old domicile iv. Must be voluntary, must concur b. TEMPORARY RESIDENCE reference to the 6-month residency in the place where he wants to vote. i. Residency can either mean domicile or temporary residence TO EFFECT A TRANSFER OF DOMICILE: Demonstrate: a. An actual or removal or change of domicile b. Bona fide intention of abandoning the former place of residence and establishing a new one c. Acts which correspond with that purpose 2 a. b.
Other Specific Powers: a. b. c. Deputization of Peace Officers Investigatory and Prosecutorial Power Deputization of or Endorsement to Prosecutors
Power of exclusive control and supervision over the Automated Election System: Stand-by Power of COMELEC: If it shall no longer be reasonably possible to observe the periods and dates prescribed by law for certain pre-election acts, the Commission shall fix other periods and dates in order to ensure accomplishment of the activities so voters shall not be deprived of their suffrage. This stand-by power, however, does not apply to fixing the date of registration of votes because Sec. 8 of R.A. 8189, which provides for a continuing registration of voters, specifically states that: No registration shall, however, be conducted during the period starting one hundred twenty (120) days before a regular election and ninety (90) days before a special election. Powers NOT Granted to the COMELEC: 1. No power to decide questions involving the right to vote 2. No power to include and exclude voters MMCN Currently, jurisdiction to decide controversies on
TO WHOM ABSENTEE VOTING APPLIES 1. Persons who have the QUALIFICATIONS of a voter BUT who happen to be temporarily abroad 2. QUALIFIED voters who are in the Philippines but are temporarily absent from their voting places REGISTRATION OF VOTERS: Registration refers to the act of accomplishing and filing of a sworn application for the 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. Registration does not confer the right to vote; its just a condition precedent to the exercise of the right. NEW SYSTEM OF REGISTRATION: continuing registration of voters WHEREBY application for registration of voters shall be conducted daily in the office of the ELECTION OFFICER during regular office hours and all applications for registration shall be heard and processed on a QUARTERLY BASIS by the ERB. It shall be the duty of every citizen to register and cast his vote. In order that a QUALIFIED elector may vote in election, plebiscite or referendum, he must be registered in the PERMANENT LIST OF VOTERS for the city or municipality in which he resides. 1. Registration DOES NOT confer the right to vote; it is but a CONDITION precedent to the exercise of the right. Registration is a REGULATION, not a qualification. ii. YRA CASE GENERAL REGISTRATION OF VOTERS SYSTEM OF CONTINUING REGISTRATION a. 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. i. AKBAYAN CASE: SC upheld the action of the COMELEC denying the petitioners request for two additional registration days in order to enfranchise more than 4 million youth between the ages 18-21. DISQUALIFICATION same grounds 3
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POST APPROVAL REMEDIES: i. Petition for inclusion ii. Annulment of book of voters iii. Petition for exclusion 11. REACTIVATION OF REGISTER Any voter whose registration has been DEACTIVATED may file with ELECTION OFFICER a sworn application for reactivation of his registration in the form of an affidavit stating that the grounds for deactivation NO LONGER exist any time i. BUT NOT LATER than 120 days before a regular election and 90 days before a special election. ii. Election officer shall SUBMIT such application to the Election Registration Board for appropriate action. 12. PREPARATION AND POSTING OF THE CERTIFIED LIST OF VOTERS a. The BOARD shall prepare and post a certified list of voters 90 days before a regular election and 60 days BEFORE a special election & furnish copies thereof to the PROVINCIAL, REGIONAL & NATIONAL central files. b. Copies of the certified list, along with a list of deactivated voters CATEGORIZED by precinct per barangay shall also be posted in the office of the ELECTION OFFICER and in the bulletin board of each city/municipal hall. INCLUSION & EXCLUSION PROCEEDINGS PETITION FOR INCLUSION: o Any person o Whose application for registration has been disapproved by the Board or whose name has been stricken out from the list o MAY FILE with the court a petition to INCLUDE his name in the PERMANENT LIST OF VOTERS in his precinct o At ANY TIME except 105 days PRIOR to a regular election OR 75 days PRIOR to a special election. o It shall be SUPPORTED by a certificate of DISAPPROVAL or HIS APPLICATION and proof of service of notice of his petition upon the Board. o The petition shall be DECIDED within 15 after its filing. PETITION FOR EXCLUSION 4
10. DEACTIVATION OF REGISTRATION BOARD shall deactivate the registration and remove the registration records of the following persons: [inactive file after entering the cause/s of deactivation] a. Any person who has been sentence by final judgment to suffer imprisonment for NOT LESS THAN 1 year (not having been removed by plenary pardon or amnesty) i. Provided: any person disqualified to vote shall automatically reacquire the right to vote upon expiration of five years after service of sentence as certified by the clerks of courts. b. Any person who has been ADJUDGED by final judgment by a competent court or tribunal of having caused any crime involving MMCN
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RULES: a. Petition for inclusion, exclusion or correction of names of voters shall be FILED during office hours. b. NOTICE of the place, date & time of the hearing of the petition shall be served upon the members of the CHALLENGED voter upon filing of the petition. c. Petition ONLY ONE precinct and IMPLEADED the board as respondents d. NO COST assessed against any party in these proceedings. i. IF COURT: finds that the application has been FILED solely to harass the adverse party and cause him to incur expenses SHALL ORDER the culpable party to pay the costs and incidental expenses. e. ANY VOTER, CANDIDATE or POLITICAL PARTY affected by the proceedings may intervene and present his evidence. f. DECISION based on the evidence presented and in no case rendered upon a stipulation of facts. i. IF: WON voter is real or fictitious, HIS NON-APPEARANCE on the day set for hearing shall be PRIMA FACIE evidence that the challenged voter is fictitious. g. PETITION heard and decided within 10 DAYS from the date of its filing. i. CASES appealed to the RTC shall be decided within 10 days from receipt of its appeal. ii. COURTS decide these petitions NOT LATER THAN 15 days before the election and iii. The decision shall become FINAL and EXECUTORY. JURISDICTION IN EXCLUSION/EXCLUSION CASES a. MTC original, respective municipalities b. May be appealed to RTC within 5 days from receipt c. RTC decide within 10 days d. Decision of RTC final and executor. e. NO motion for reconsideration shall be entertained. INCLUSION CASES May be filed ANY TIME except 105 days before regular elections Or 75 days before special elections Grounds: 1. Application for registration has been disapproved by the board 2. Name has been stricken out EXCLUSION CASES May be filed ANYT IME except 100 days before regular elections Or 65 days before special elections Grounds: 1. Not qualified or possessing disqualification 2. Flying voters 3. Ghost voters Requires a sworn petition
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SERVICE OF FULL TERM: 1. When municipality has been converted to a city and area on inhabitants of the locality are the same and 3-term mayor continued to hold office until such time as city election are held. 2. Where incumbent MAYOR loses in election protest BUT the decision of the RTC was promulgated after the service of the term NOT SERVICE OF FULL TERM: 1. Fills up a higher office (succession or operation of law) 2. Suspended form office (failed to serve full term) 5
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HOLD OVER PRINCIPLE term of local officials is 3 years BUT SEC 5 RA 9164 authorizes the hold0over of incumbent brgy officials UNTIL their successors are elected. GR: PH elective officials elected by plurality of vote. EXCEPTION: party-list representatives are elected through proportional representation. Qualifications: CONTINUING REQUIREMENTS and must be possessed for the duration of the officers active tenure. Once any of the required qualifications is LOST, his title to the office may be seasonable challenged.
WHEN QUALIFICATIONS BE POSSESSED: LGC does not specify any particular date (Fil Citizenship) PH CITIZENSHIP: ensure that no alien shall govern our people Official begins to govern only upon his PROCLAMATION and on the day that his term begins. Repatriation retroacts to the date of filing Qualifications: PRESIDENT/VP 1. natural born citizen 2. registered voter 3. able to read and write 4. at least 40 years old on the day of the election 5. resident of the Philippines for at least 10 YEARS immediately rpeceding the day of the election SENATORS 1. natural born citizen 2. at least 35 on the day of election 3. Registered voter 4. Resident of PH for not less than 2 years immediately preceding the day of election District Reps 1. natural born citizen 2. at least 25 on the day of election 3. able to read and write 4. registered voter in the fistrict which he shall be elected 5. resident in the same district for a period of NOT LESS THAN 1 YEAR immediately preceding the day of election
Disqualifications: I. [4] OMNIBUS ELECTION CODE BP881: a. Declared incompetent or insane by competent authority b. Sentenced by final judgment for subversion, insurrection, rebellion or any offense for which he has been sentenced to a penalty of more than 18 months imprisonment. c. Sentenced by final judgment for a crime involving moral turpitude. i. BP 22 crime involving morel turpitude (conviction: guilty of deceit and relates to and affects the good moral character of the person) ii. Violation of the Anti-fencing law involves moral turpitude d. Any person who is a permanent resident of or an immigrant to a foreign country (UNLESS: HE HAS WAIVED HIS STATUS) green card is an ample proof II. [7] LGC (RA 7160) FOR LOCAL ELECTIVE OFFICE ONLY a. Those sentenced by final judgment for an offense punishable by one year or more of imprisonment, within 2 years after serving sentence. i. IF: Under probation still a disqualification; its only for the suspension of sentence. b. Those removed from office as a result of an administrative case i. IF: removed from office BEFORE the effectivity of LGC Jan 1, 1992 NOT DISQUALIFIED. LGC cannot be given retroactive effect. ii. Mayor who was removed from office by the Sanggunian Panlalawigan c. Those convicted by final judgment for violating the oath of allegiance to the Republic of the Philippines d. Those with dual citizenship i. Dual citizenship v. Dual allegiance only disqualified when a person is under a conflict of laws of different countries ii. IF: has a dual citizenship it is enough that they ELECT PH CITIZENSHIP upon the filing of their certificate of candidacy to terminate their status as persons with dual citizenship. RENOUNCE FOREIGN CITIZENSHIP. (Declare under oath that one will maintain true faith and allegiance to the Constitution) iii. One who lost his citizenship and thereafter reacquires it by taking oath of allegiance HE MUST PERSONALLY swear to an oath renouncing foreign citizenship at the time of the filing of the certificate of candidacy. (Must be clear and unequivocal terms that he is renouncing all foreign citizenship) e. Fugitives from justice in criminal and non-political case here and abroad i. Fugitive from justice not only those who flee after conviction to avoid punishment but likewise those who, after being charged, flee to avoid prosecution
Governor, VG, Mayor, Punong BRGY, Sanngunian members 1. Citizen of PH 2. Registered voter in the brgy, municipality, or province, or in the case of SG panlalawigan, panglungsod or bayan the district where he intends to be elected 3. Resident at least 1 year ipe 4. Able to read and write Filipino or any other language 5. On election day, age must be: a. 23 years old G, VG, SG Panlalawigan, Mayor, VMayor, MMCN
Sectoral Reps 1. 2. 3. 4. natural born At least 25 o the days of election Able to ready and write Resident for a period of NOT LESS THAN 1 YEA immediately preceding the day of election Bona fide member of the sector he seeks to represent
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Additional grounds for disqualification: (Sec 68, BP 881) After having filed a certificate of candidacy, the ff. shall be disqualified from continuing as candidate or if he has been elected, from holding the office: a. One who has given money or other material consideration to influence, include or corrupt the voters or public officials performing electoral functions b. One who committed acts of terrorism to enhance his candidacy c. One who spent in his election campaign an amount in excess of that allowed by the Code d. One who has solicited, received or made contributions under: i. Sec 89 (transportation, food and drinks) ii. Sec 95 (public or private financial institutions, public utilities or exploitation of natural resources, contractors of public works or other government contracts; franchise holders or concessionaires, educational institutions receiving grants from the govt, officials of the Civil service or the AFP, foreigners or foreign corporations) iii. Sec 96 (foreign-sourced contributions) iv. Sec 97 (raising of funds through lotteries, cockfights, boxing bouts, bingo, beauty contests, etc) v. Sec 104 (prohibited contributions to churches, school buildings roads, bridges, medical clinics, etc) e. One who has violated the provisions of: i. Sec 80 (campaign period) ii. Sec 83 (removal, destruction of lawful election propaganda) iii. Sec 85 (prohibited forms of propaganda) iv. Sec 86 (regulation of propaganda through mass media) f. Violated the provisions of Sec 261 (election offenses) [vote-buying, conspiracy to bribe voters, undue influence] President Not eligible for any reelection No person who has succeeded the President and served as such for more than 4 years shall be qualified for election to the same office at any time General disqualification VP Not serve for more than 2 consecutive terms General disqualifications Senators Not serve for more than 2 consecutive terms
CERTIFICATE OF CANDIDACY 1. Effect of filing certificate of candidacy a. Officials holding appointive offices including active members of AFP and officers of GOCC shall be considered IPSO FACTO resigned RULES IN FILING COC: 1. Cannot be elected UNLESS he files COC within the prescribed period 2. NOT ELIGIBLE: if he files more than 1 position (unless cancels or retains one) 3. COC: personally or authorized representative 4. Upon filing: candidate already covered by RULES, RESTRICTIONS, and PROCESSES involving candidates (GENERAL EFFECT) 5. Receiving officers ministerial duty to RECEIVE and ACKNOWLEDGE receipt of COC 6. COC NOT canceled: if failed to specify position sought (can be supplied) 2. Formal defects in the certificate of candidacy a. Required to be under oath, cannot be annulled on the sole ground of FORMAL DEFECTS in his certificate, such as lack of the required oath. b. Omission to indicate his precinct number and the particular brgy where he is a registered voter NOT SUFFICIENT ground to disqualify the candidate. LGC does not require these data to be indicated in the certificate. Enough that he is a registered voter. Death, Disqualification or withdrawal of candidate: IF: after the last day for the filing of certificates of candidacy, an OFFICIAL CANDIATE of a registered political party DIES, WITHDRAWSS or is DISQUALIFIED for any cause, only a person belonging to and certified by the same political party may file a certificate of candidacy for the office not later than MID-DAY OF THE DAY OF THE ELECTION. a. Luna filed vice-mayor as substitute for Hans Roger who withdrew his COC. Luna complied with the requirements for a valid substitution even if Hans was disqualified luna could validly substitute for hands GROUNDS FOR SUBSITUTION: a. Death b. Withdrawal c. Disqualification GR: No substitution is allowed for an independent candidate. Only candidates who are members of and are nominated by a party can be substituted. EXCEPTION: A candidate for a brgy elective office notwithstanding the policy that brgy elections are non-partisan can be substituted by his/her spouse. 7
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Petition to deny cue course or to cancel a COC: PETITION may be file dexclusively on the ground that any material representation contained in the certificate as required by Sec 74 is FALSE. - PETITION may be filed not later than 25 days from the time of the filing of the COC and shall be decided AFTER due notice and hearing, not later than 15 days before the election. i. Comelec division jurisdiction over a petition to CANCEL a COC (not within Comelec en bank) 1. To deny due course or to cancel a cert entails the EXERCISE by the Comelec of its quasi-judicial, not simply administrative powers. 2. Court may only compel the Comelec to exercise its discretion and resolve the matter BUT it may not control the manner of exercising such discretion. ii. Filed a petition for the cancellation of COC on the ground that he latter made a false material representation in his certificate when he said that he is eligible for the office sought to be elected to since he had been CONVICTED of violating BP 22 (moral turpitude) iii. Filed beyond the 25-day period: where the disqualification is based on age, residence, or any of the other grounds for ineligibility, the prescriptive period should be applied strictly. iv. Facsimile of a petition for disqualification is NOT a genuine pleading.
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SUMMARY: (Petition to deny or cancel certificates of candidacy) WHO CAN FILE: Any party HOW: petition to deny due course or cancel certificate of candidacy UNDER OATH WHEN: any time NOT LATER than 25 days from filing of COC of the candidate WHERE: Comelec must decide the case not later than 15 days before election (period not mandatory however) 8. DISQUALIFICATION CASES: a. ASPECTS: i. ELECTORAL 1. Whether the offender should be disqualified from being a candidate or form holding office 2. Proceedings are summary in character and require only a clear preponderance or evidence 3. Erring candidate may be disqualified even without prior determination of PROBABLE CAUSE in a prelim inv. ii. CRIMINAL ASPECT 1. Whether there is probable cause to charge a candidate for an election offense 2. Prosecutor is the COMELEC, determines probable exists or not 3. IF: there is probable cause COMELECs law dept files the criminal information before the proper court 4. Proof beyond reasonable doubt 5. CRIMINAL CONVICTION result in the disqualification of the offender, which ma even include disqualification from holding a future public office. b. GROUNDS: i. Lacking qualifications ii. Filing COC for more than 1 office iii. False and material representation in the COC 1. Requisites: a. MUST BE FALSE b. MATERIAL c. Deliberate and there is intention ot defraud the electorate 2. NO FALSE REPRESENTATIONS: a. When candidate uses the name of her longtime live-in partner OR states a false profession b. WHEN: candidate is actually qualified even f the entries in the COC as filled up by the candidate is not
Disqualification under LGC Nuisance candidates Election offenses enumerated under 68 (1st: prohibited acts and fact of their permanent residency in other country) Declared insane or incompetent by competent authority Sentenced by final judgment for subversion, insurrection, rebellion or an offense which he ahs been sentenced to a penalty of MORE THAN 18 months OR crime involving MORAL TURPITUDE, unless given plenary pardon/amnesty
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EFFECTS OF DISQUALIFICATION CASE any candidate who has been declared by final judgment to be disqualified shall NOT be voted for, and the votes cast for him shall NOT be counted. i. IF DELCARED TO BE DISQUALIFIED and he is voted for and receives winning number of cotes COMELEC or court shall continue with trial, and hearing of the action, inquiry and protest and UPON MOTION of the complainant of intervenor, may during the pendency thereof order the SUSPENSION OF THE PROCLAMATION of such candidate whenever the evidence of his guilt is strong. 1. NOTE: suspend proclamation only when the evidence of guilt is strong 2. MAY permissive 3. IF: decision is NOT yet final and executor Board of election inspectors, in the exercise of its ministerial duty, is UNDER OBLIGATION to count and tally votes cast in favor of the candidate. 4. INCORRECT ARGUMENT: since a candidate has been disqualified, votes should be considered null and void. This would amount to disenfranchising the electorate in whim SOVEREIGNTY resides. 5. Votes would not automatically go to second-placer 6. Not quo warranto (question the right to hold an office) because it is unquestionably premature. 7. Doctrine requiring the rendition of judgment within a specified period is generally construed to be MERELY directory. 8. Plenary authority to the Comelec it has jurisdiction over proclamation and disqualification cases a. IF: filed after the election subject to summary hearing. 9. EXCEPT: a. The one who obtained the highest number of votes is disqualified b. The electorate is fully aware in fact and in law of the candidates disqualification so as to bring such awareness with the realm of 9
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CASES: MARCOS YRA VS. MAXIMO ABAO GR No. 30187. November 15, 1928. Ponente: Malcolm, J. Facts: Abao is a native of the municipality of Meycauayan, Bulacan. He transferred to Manila to complete his education. While residing in Manila, he registered as a voter there. Shortly after qualifying as a member of the bar and after the death of his father, he returned to Meycauayan to live. From May 10, 1927, he considered himself a resident of Meycauayan. When the 1928 elections were approaching, he made an application for cancellation of registration in Manila which was dated April 3, 1928, but this was rejected by the city officials for the reason that it was not deposited in the mails on or before April 4, 1928. Nevertheless, he presented himself as a candidate for municipal president of Meycauayan in the 1928 elections and was elected by popular vote to that office. Marcos Yra, vice-president elect of Meycauayan challenged the right of Maximo Abao on the ground that the latter is ineligible. RTC Judge Anastacio Teodoro ruled in favor of Abao. Issue: Whether or not Maximo Abao was eligible to hold said office. Held: YES. The Election Law, as amended, in section 404 provides that No person shall be eligible for any elective municipal office unless, within the time fixed by law, he shall f ile a duly sworn certificate of candidacy. Said certificate shall declare that he is a resident of the municipality in which his candidacy is offered; that he is a duly qualified elector therein, and that he is eligible to the office. The Administrative Code in section 2174, in giving the qualifications of elective officers, also provides that an elective municipal officer must, at the time of the election, be a qualified voter in his municipality and must have been resident therein for at least one year According to Sen. Jose P. Laurel, in his Law of Elections of the PH Islands: One of the qualifications required by law of a person who announces his candidacy is that he must be a duly qualified elector. The Executive Bureau has held that the term "qualified" when applied to a voter does not necessarily mean that a person must be a registered voter. To become a qualified candidate a person does not need to register as an elector. It is sufficient that he possesses all the qualifications prescribed in section 431 and none of the disqualifications prescribed in section 432. The fact that a candidate failed to register as an elector in the municipality does not deprive him of the right to become a candidate to be voted for. Ones eligibility is not affected by his failure to register. The act of registering is only one step towards voting, and it is not one of the elements that makes the citizen a qualified voter. One may be a qualified voter without exercising the right to vote. Registering does not confer the right; it is but a condition precedent to the exercise of the right. Registration regulates the exercise of the right of suffrage but it is not a qualification for such right. MMCN
Whether respondent COMELEC committed grave abuse of discretion in issuing COMELEC Resolution denying the request. NO Whether the SC can compel respondent COMELEC, through the extraordinary writ of mandamus, to conduct a special registration of new voters. NO
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HELD: In a representative democracy such as ours, the right of suffrage, although accorded a prime niche in the hierarchy of rights embodied in the fundamental law, ought to be exercised within the proper bounds and framework of the Constitution and must properly yield to pertinent laws skillfully enacted by the Legislature. To be sure, the right of suffrage ardently invoked by petitioners is not at all absolute. Needless to say, the exercise of the right of suffrage, as in the enjoyment of all other rights, is subject to existing substantive and procedural requirements embodied in our Constitution, statute books and other repositories of law. Substantially, the requirements for the right of suffrage are in Section 1, Article V of the Constitution. (citizen, at least 18 y.o., 1 year-residency in the Phil, 6 months-residency in the place where to vote, not disqualified by law). As to the procedural limitation, the right of a citizen to vote is necessarily conditioned upon certain procedural requirements he must undergo: among others, the process of registration required under Sec.8 of Republic Act No. 8189, otherwise known as the Voters Registration Act of 1996. The act of registration is an indispensable precondition to the right of suffrage. 10
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