Election Law and Related Jurisprudence

by: Prof. Victoria V. Loanzon

A. INTRODUCTION

The Right to Suffrage

B. Constitutional basis: Art. II, 1987 Constitution

Article II Declaration of Principles and State Policies, 1987 Constitution
Sec. 1

The Philippines is a democratic and republican state. Sovereignty resides in the

people and all government authority emanates from them.

C. Who can vote: Art. V. 1987 Constitution

Sec. 1 - Suffrage may be exercised by all citizens of the Philippines not otherwise
disqualified by law, who are at least eighteen years of age, 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 (6) months immediately preceding the election.
No literacy, property, or other substantive requirement shall be imposed on the
exercise of suffrage. (emphasis supplied)
D. Who cannot vote: Sec. 118, Omnibus Election Code
The following shall be disqualified from voting:
(a) Any person who has been sentenced by final judgment to suffer imprisonment for not less
than one year, such disability not having been removed by plenary pardon or granted
amnesty: Provided, however, that any person disqualified to vote under this paragraph shall
automatically reacquire the right to vote upon expiration of five (5) years after service of
sentence.
(b) Any person who has been adjudged by final judgment by competent court or tribunal of
having committed any crime involving disloyalty to the duly constituted government such as
rebellion, sedition, violation of the anti-subversion and firearms laws, or any crime against
national security, unless restored to his full civil and political rights in accordance with law:
Provided, that he shall regain his right to vote automatically upon expiration of five (5)
years after service of sentence.
(c) Insane or incompetent persons as declared by competent authority.

E. The COMELEC
F. Art. IX, 1987 Constitution
G. Composition Sec. I (1) Art. IX - B, 1987 Constitution
Sec. 1 (1) There shall be a Commission on Elections composed of a Chairman and six
Commissioners who shall be natural-born citizens of the Philippines and, at the time of their
appointment, at least thirty-five (35) years of age, holder of a college degree, and must not
have been candidates for any elective position in the immediately preceding elections.
However, a majority thereof, including the Chairman, shall be members of the Philippine Bar
who have been engaged in the practice of law for at least ten years.
H. Term of Office Sec. I (2), Art. IX -, 1987 Constitution
The Chairman and the Commissioners shall be appointed by the President with the consent of
the Commission on Appointments for a term of seven years without reappointment. x x x
Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case
shall any Member be appointed or designated in a temporary or acting capacity. (emphasis
supplied)

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Election Law and Related Jurisprudence_October 2010
By: Prof. Victoria V. Loanzon
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I. ELECTION LAWS
J. Pertinent Laws
1.
2.
3.
4.
5.

6.
7.
8.
9.
10.
11.

Omnibus Election Code (BP Blg. 881)

R.A. 6646 -The Electoral Reform Act of 1984
R.A. No. 7166 - The Synchronized National and Local Elections Law of 1991
R.A. 9164 - Barangay and Sangguniang Kabataan Elections, amending Republic Act No. 7160
R.A. 8046 - Authorizing the Commission on Elections to Conduct a Nationwide Demonstration
of a Computerized Election System and Pilot-Test it in the March 1996 Elections in the
Autonomous Region.
R.A. 8189 - Voters Registration Act of 1996
R.A. 8295 Lone Candidate Law
R.A. 9006 Fair Elections Act of 2001
R.A. 9189 The Absentee Voting Law
R.A. 9369 Commission on Elections to use an automated election system in the May 11,
1998 national or local elections and in subsequent national and local electoral exercises.
Excerpts from R.A. 7160 Local Government Code

B. Interpretation of Election Laws Liberally construed in favor of right of suffrage

Cases:
G.R. No.
()1 Macalintal v. Commission on Elections
405 SCRA 614
()2 Mendoza v. Commision on Elections
603 SCRA 692
()3 Laban ng Demokratikong Pilipino v.
Commission on Elections
423 SCRA 665
()4 Buac v. Commission on Elections
421 SCRA 92
()5 Barro v. Commission on Elections
603 SCRA 292
()6 Pedragoza v. Commission on Elections
496 SCRA 513
()7 Lluz v. Commission on Elections
523 SCRA 456
()8 Lanot v. Commission on Elections
507 SCRA 114
()9 Penera v. Commission on Elections
599 SCRA 609
and Resolution dated 25 November 2009
()10
Roces v. House of Representatives
Electoral Tribunal
469 SCRA 481
()11
Pimentel III v. Commission on Elections En Banc
Sitting as the National Board of Canvassers
548 SCRA 169
()12
Barangay Association for National Advancement
And Transparency (BANAT) Party List
v. Commission on Elections
595 SCRA 477

Date
2003
2009
2004
2004
2009
2005
2007
2006
2009
2005
2008
2009

C. Purpose of Election Laws To ascertain the will of the people

Cases:
G.R. No.
Date
()13
Villavert v. Fornier
L-3050
October 17,
1949
- mistake or ignorance of the voter must give way to his actual intent.
G.R. No.
Date
()14
Brillantes v. de Venecia et al
L-163193
June 15, 2004
- any act which would establish trending should not be allowed.

K. REGISTRATION OF VOTERS
Inclusion / Exclusion Proceedings (Secs. 138, 139, 142, Omnibus Election Code)
Case:
G.R. No.
Date
()15
Ozamis v. Zosa
L-28228
August 31, 1970
- inclusion/exclusion proceedings may include determination of ones citizenship.

L. QUALIFICATIONS AND DISQUALIFICATIONS OF CANDIDATES / TERM OF OFFICE

A. National Elective Officials
1. President (Secs. 2 and 4, Art. VII, 1987 Constitution)
Article VII 1987 Constitution Executive Department
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Qualifications:
Sec. 2 No person may be elected President unless he is a natural born citizen of the
Philippines, a registered voter, able to read and write, at least forty years of age on the
day of the election, and a resident of the Philippines for at least ten years immediately
preceding such election.
Term of Office:
Sec. 4 The President and the Vice-President shall be elected by direct vote of the
people for a term of six years which shall begin at noon on the thirtieth day of June next
following the day of the election and shall end at noon of the same date six years
thereafter. The President shall not be eligible for any reelection. No person who has
succeeded as President and has served as such for more than four years shall be
qualified for election to the same office at any time.
2. Vice- President (Secs. 3 and 4, Art. VII, 1987 Constitution)
Qualifications:
Article VII, Section 3 There shall be a Vice-President who shall have the same
qualifications and term of office and be elected with and in the same manner as the
President. He may be removed from office in the same manner as the President.
Term of Office:
Article VII, Section 4 (2nd paragraph) No Vice-President shall serve for more than two
(2) successive terms. Voluntary renunciation of the office for any length shall not be
considered as an interruption in the continuity of the service for the full term for which
he was elected.
3. Senator (Secs. 3 and 4, Art. VI, 1987 Constitution)
Qualifications:
Article VI, Section 3 No person shall be a Senator unless he is a natural-born citizen of
the Philippines, and, on the day of the election, is at least thirty-five years (35) of age,
able to read and write, a registered voter, and a resident of the Philippines for not less
than two years immediately preceding the day of the election.
Term of Office:
Article VI, Section 4 The term of office of the Senators shall be six years and shall
commence, unless otherwise provided by law, at noon on the thirtieth day of June next
following their election.
No Senator shall serve for more than two (2) consecutive terms. Voluntary renunciation
of the office for any length of time shall not be considered as an interruption in the
continuity of his service for the full term for which he was elected.
4. Congressional Representatives (Secs. 6 and 7, Art. VI, 1987 Constitution)
Qualifications:
Article VI, Section 6 No person shall be a Member of the House of Representatives
unless he is a natural-born citizen of the Philippines, and, on the day of the election, is
at least twenty-five (25) years of age, able to read and write, and except the party-list
representatives, a registered voter in the district in which he shall be elected, and a
resident thereof for a period of not less than one year immediately preceding the day of
the election.
Term of Office:
Article VI, Section 7 The Members of the House of Representatives shall be elected for
a term of three (3) years which shall begin, unless otherwise provided by law, at noon on
the thirtieth day of June next following their election.
No Member of the House of Representatives shall serve for more than three (3)
consecutive terms. Voluntary renunciation of the office for any length of time shall not
be considered as an interruption in the continuity of his service for the full term for
which he was elected.

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M. Local Elective Officials

1. Qualifications (Sec. 39, R.A. 7160)
Sec. 39 Qualifications.
(a) An elective local official must be a citizen of the Philippines; a registered voter in the
barangay, municipality, city, province or, in the case of a member of the sangguniang
planlalawigan, sanggunian panlungsod, or sangguniang bayan, the district where he
intends to be elected; a resident therein for at least one (1) year immediately preceding
the day of the election; and able to read and write Filipino or any other local language or
dialect; and able to read and write Filipino or any other local language or dialect.
(b) Candidates for the position of mayor or vice-mayor of independent component cities,
component cities or municipalities must be at least twenty-one (21) years of age on
election day. (emphasis supplied)
2. Disqualifications (Sec. 40, R.A. 7160)
Sec. 40 Disqualifications. The following persons are disqualified from running for any
elective local position:
(a) Those sentenced by final judgment for an offense involving moral turpitude or 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;
(b) Those removed from office as a result of an administrative case;
(c) Those convicted by final judgment for violating the oath of allegiance to the Republic;
(d) Those with dual citizenship;
(e) Fugitives from justice in criminal or non-political cases here or abroad;
(f) 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
(g) The insane or feeble-minded

N. JURISPRUDENCE
A. Citizenship Requirement
Cases:
G.R. No.
Date
()16
Labo v. COMELEC
105111
July 3, 1992
An election of a candidate who has become a citizen of another country does
automatically restore his Filipino citizenship.
G.R. No.
Date
()17
Mercado v. Manzano 307 SCRA 630
135083
May
26,
1991
A Fil-Am who upon reaching the age of majority, elected Filipino citizenship and
registered as a voter for two elections is qualified to run for a local elective position.
G.R. No.
Date
()18
Frivaldo v. COMELEC
87193
June 23, 1989
A candidate must meet all qualifications at time of his election.
G.R. Nos.
Date
()19
Antonio Co v. HRET & Ong, Jr.
92191-92, 92202-03
August 31,
1970
The HRET may include the determination of citizenship in its proceedings.
B. Residence Requirements
Cases:
G.R. No.
Date
()20
Romualdez-Marcos v. COMELEC 248 SCRA 300
119976
September
18, 1995
Upon the death of her spouse, the surviving spouse may choose another place of
residence.
G.R. No.
Date
()21
Aquino vs. COMELEC 248 SCRA 400 120265
September 18, 1995
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 A lease contract is not conclusive of the length of stay to establish residence of a

candidate.
G.R. No.
Date
()22 Abella v. COMELEC 201 SCRA 253 100710
September 3, 1991
- A candidate who proves that a winning candidate did not meet the residence
requirement does not become necessarily the winner of the elective position.
A second placer is always a second placer.
G.R. No.
Date
()23 Domino v. COMELEC 310 SCRA 546
134015
July 19, 1999
- The one-year residence requirement is strictly construed.
C. Term Limit
Cases:
G.R. No.
Date
()24 Montebon and Onday v. COMELEC
and Potencioso, Jr.
18044
April 8, 2008
- Involuntary Interruption of the three-term year will not operate as disqualification.
G.R. No.
Date
()25 Sandoval v. COMELEC
154683
November 12, 2002
- The three-term rule will not apply in case of recall.
D. Disqualification
Cases:
G.R. No.
Date
()26 Cayat v. COMELEC
163776
April 24, 2007
Conviction by final judgment of the crime of acts of lasciviousness is considered
a disqualification.
G.R. Nos.
Date
()27 Raymundo A. Bautista v. COMELEC et al 154796-97
October 23, 2003
A candidate who is not a registered voter of a barangay cannot run as Punong
Barangay of that place.
5.

Electioneering
Case:
G.R. No.
Date
()28 Bernardo et al v. Abalos et al
137266
December 5, 2004
Complainant must present actual proof to establish that certain acts of the
incumbent elective officials were purposely employed to show they were
meant to influence public school teachers.

F. Election Protest
Cases:
G.R. No.
Date
()29 Topacio v. Paredes
L-8069
October 7, 1912
Election disputes involve those pertaining to casting and counting of votes and
those referring to eligibility of candidates.
G.R. No.
Date
()30 Soller vs. COMELEC
139853
September 5, 2000
Issues related to election protest must first be heard by a COMELEC division. An
appeal is resolved by COMELEC en banc.
G.R. Nos.
Date
()31 Sebastian v. COMELEC
139573-75
March 7, 2000
Dismissal is proper for failure to demonstrate precisely how the preparation and
appreciation of election returns adversely affected the protestant.
G.R. No.
Date
()32 Maruhom v. COMELEC
139357
May 5, 2000
Motion to Dismiss is an improper pleading once an Answer has been filed in an
Election forum.
G.R. No.
Date
()33 Carloto v. COMELEC
174155
January 24, 2007
Dismissal is proper for failure to cite specific allegations that would merit the
review of the result of the election.
G.R. Nos.
Date
()34 OHara v. COMELEC
148941-42
March 12, 2002
The will of the people should not be frustrated. Error in the Certificate of
Canvass must be manifest before the corrections are made.
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()35
()36

()37

()38
()39

()40

()41

G.R. No.
Date
Milla v. Balmores-Laxa
15126
July 18, 2003
- COMELEC en banc cannot annul election results at first instance.
G.R. No.
Date
Torres v. Abundo, Sr. and COMELEC
174263
January 24, 2007
For failing to overturn the evidence on the alleged irregularities, the election
protest was dismissed.
G.R. Nos.
Date
Villarosa v. HRET and Ricardo V. Quintos
143351,144129
September 14, 2000
For appropriating the initials or nickname of her spouse, Cong. Villarosa was
unseated for evident bad faith.
G.R. No.
Date
Torres v. HRET
144491
February 6, 2001
The Supreme Court upheld the findings of HRET which conducted the revision of ballots.
G.R. No.
Date
Henry Jun Duenas, Jr. v. HRET et al
191550
May 4, 2010
The decision of HRET can be uphold even if the Supreme Court justices who are
members of the HRET did not sign the Decision. It is sufficient that the
majority of the HRET members complied with prescribed rules.
G.R. No.
Date
Pimentel v. COMELEC
178413
March 13, 2008
Only the Senate Electoral Tribunal has the sole jurisdiction over proceedings of
the National Board of Canvassers.
G.R. No.
Date
Legarda v. de Castro
PET Case No. 003
January 18, 2008
The Supreme Court dismissed the Petition for each of legal and factual basis, as
pilot tested revision of ballots would not affect the major of votes obtained by
de Castro and for failure of Legarda to pay the required fees.

G. Failure of Elections
Case:
G.R. No.
Date
()42 Banaga, Jr. v. COMELEC
134696
July 31, 2000
For failure of election to be declared, two conditions must concur: no voting
took place and the same is due to: force majeure, violence, terrorism, fraud or
other analogous cases.

a.

PRE-ELECTION ACTIVITIES/CONTROVERSIES
A. CERTIFICATE OF CANDIDACY
As to FORM
Contents of the CoC
1. Name/s
2. Citizenship
3. Residence and Length of Stay
4. Registered Voter of the Place
5. Other Items

WHEN to file the CoC Deadline/s:

1. Under OEC: Day before the start of the campaign period
2. National 90 days before election
3. Local/Congressional 45 days before elections
4. Under RA 9369/Automated: Deadline fixed by COMELEC from November 19 to
November 30, 2009

B. EFFECTS OF FILING:
One becomes an official and legitimate CANDIDATE
- When PUBLIC Elected or appointed OFFICIAL files his CoC
[a]

Under OEC, Section 67:

Whether Elected or Appointed ipso facto resigned except an elected official who
runs for same office/reelection or runs for President or Vice President.

[b]

Under RA 8436:
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Elected Officials are considered RESIGNED not from filing but only from start of
period. Appointed officials are considered resigned upon filing of CoC under OEC.
[c]

Under RA 9006:
General repeal of Section 67 of the OEC & Section 11 rendered ineffective. Hence,
there is NO more ipso facto resignation for all elected officials.

[d]

Under RA 9369 - Section 11 of Republic Act No. 8436 as amended by RA 9359:

A public appointive official shall be considered ipso facto resigned from his/her
office and must vacate the same at the start of the day of the filing of his/her
certification of candidacy.

C. DISQUALIFICATION
GROUNDS for Disqualification

First:

Ineligibility lack of mandated qualification

Second:

Prohibited Acts before [premature convention/meeting to nominate/select

official candidates] and/or AFTER the Filing of CoC and before or after the
Election BUT before proclamation [Section 68 of OEC i.e. vote buying,
terrorism illegal contribution; Sec. 261 d, e, k & v, etc.]

Third:

Under Section 12 of OEC Incompetent/insane

Fourth:

Under Section 40 of Local Government Code for local officials

OTHERs:

GreenCard holder
Conviction

DENY-DUE COURSE/CANCEL CoC

Under Section 78 of OEC & Section 23 of COMELEC RULES:
Rule 23:
Section 1. Exclusive Ground FALSE material representation in CoC.
Section 2. Period to File within five (5) days from last day fro filing of CoC

NUISANCE
Section 76, OEC and Rule 24, COMELEC RULES:
Classify:
Makes Mockery/Disrepute
Similarity of NAMES
Not being BONAFIDE candidate
WHO can file: Candidate for the same elective position
WHEN to file: within five (5) days from deadline/last day of filing CoC

D. SUBSTITUTION OF CANDIDATES
Only in three (3) instances:
Death
Disqualification
Withdrawal
E. RE: PREMATURE CAMPAIGNING
Old Rule under OEC:
Once one files, he becomes a CANDIDATE, and he can no longer campaign until the start of
campaign period otherwise PREMATURE campaigning.
Simple RULE: NO CoC filed, NOT yet a candidate NO premature campaigning

Under RA 9369:
Any person who files his certificate of candidacy within this period shall only be
considered as a candidate at the start of the campaign period for which he filed his
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Election Law and Related Jurisprudence_October 2010
By: Prof. Victoria V. Loanzon
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certificate of candidacy: Provided, That, unlawful acts or omissions applicable to a

candidate shall take effect only upon that start of the aforesaid campaign period.

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Election Law and Related Jurisprudence_October 2010
By: Prof. Victoria V. Loanzon
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