*Suffrage

-It means the right to vote in an election of all officers chosen by the people
and in the determination of all questions submitted to the people.

*The Governing Election Law in the Philippines

Ans. Sources:
(A) Pre- Commonwealth Election Law covering period from 1907- 1935.
(B) R.A. 180 (Revised Election Code as amended by R.A. 599, 867 etc.
(C) Election Law after martial law.
(D) Various Resolution passed by the COMELEC implementing the election laws
during their respective times.
(E) Decisions and legal jurisprudence by the Supreme Court.

*COMELEC
Powers and Functions
As provided in the Constitution
(A) Admin and Supervision of elections
(B) Promulgate rules and regulations

*Kinds of Elections
(A) General or Regular
(B) Special Election

*System of Voting under Election Law

-Australian ballot system

*Voting of En Banc COMELEC Members

-Majority of all its members

*Has the COMELEC the power to annul illegal registry lists of voters?
-Yes. (Prudente vs.Genium Nov. 6, 1951) as this is within the constitution
power of the COMELEC.

*Does COMELEC have the power to cancel the canvass of election returns
of the Board of Canvassers?
-Yes. (Abante vs. Relato GR No. L6813/1953)

*Has the COMELEC the power to decide questions involving the right to
vote?
-This is expressly withheld from the COMELEC. (Nacionalista Party vs.
COMELEC).

*Does the COMELEC have the power to investigate and prosecute election
officers?
-Yes. A. Pimentel vs. COMELEC 98 SCAD 37 (1998)

*How will the COMELEC deliberate in election cases?

-It may sit En Banc or in two divisions and shall promulgate its own rules and
regulations to expedite the disposition of cases including pre- proclamation cases.

*When may the Supreme Court Review orders of COMELEC?

-Illegal or constitute gross abuse of discretion. (SUMULONG vs. COMELEC)

*When can an election take place?

-If it is expressly provided by law. (Garchitorena vs. Cresine 39 Phil. 258)

*Who has the power to declare a failure of election.

-COMELEC (Loong vs. COMELEC 70 SCAD 626)

*May a Political Party participate in the party- list election?

-Yes. Under the Constitution and R.A. 7941(Bayan Muna vs. COMELEC) June
26, 2001

*What is the effect of filing a certificate of candidacy by a person holding

public appointive office or position?
-Any person holding a public appointive office or position, including active
members of the Armed Forces of the Philippines, and officers and employees in
government owned or controlled corporations, shall be considered ipso facto
resigned from his office upon the filing of his certificate of candidacy. (Sec. 66 Art.
IX, B.P. Blg. 881)

*What is the effect of the filing of a certificate of candidacy by an elective

provincial, municipal or city officials?
-Any elective official, whether national or local, who has filed a certificate of
candidacy for the same or any other office shall no be considered resigned from
office. (Sec. 23, COMELEC Resolution No. 3636, Rules and Regulations Implementing
R.A. No. 9006 otherwise known as Fair Election Act for the May 14, 2001 National
and Local Elections).

*Does the fact that a person is registered as a voter in one district prove
that he is not domiciled in another district? Why?
-No. The fact that a person is registered as a voter in one district is not proof that he
is not domiciled in another voter in a place other that his residence of origin is not
sufficient to consider him to have abandoned or lost his residence. (Marcita Mamba

Perez vs. COMELEC, G.R. No. 133944, October 28, 1999 citing Faypon vs. Quirino, 96
Phil. 294). Well- settled is the rule that residence is synonymous with domicile.

*Is there a constitutional right to run for or hold public office? Explain.
-None. What is recognized is merely a privilege subject to limitations
imposed by law. Section 26, Article II of the Constitution neither bestows such a
right nor elevates the privilege to the level of an enforceable right. There is nothing
in the plain language of the provision which suggests such a thrust of justifies an
interpretation of the sort.
-The equal access provision is not self- executing, and there is no plausible reason
for according a different treatment to the equal access provision. Like the rest of
the policies enumerated in Article II, the provision does not contain any judicially
enforceable Constitutional right but merely specifies a guideline for legislative or
executive action. The disregard of the provision does not give rise to any cause of
action before the courts. (Rev. Elly Pamatong vs. COMELEC, G.R. No. 161872, April
13, 2004)

*Why does the law reserve the right to run for public office only to
citizens of the Philippines?

-This is so because the assumption is that those who are resident aliens of a foreign
country are incapable of such entire devotion to the interest and welfare of their
homeland for with one eye on their duties here, they must keep another eye on
their duties under the laws of the foreign country of their choice in order to preserve
their status as permanent residents thereof. (Caasi vs. CA, G.R. No. 88831;
COMELEC vs. Miguel, G.R. No. 84508, November 8, 1990).

*Who is a substitute candidate?

-A substitute candidate is one who takes the place of another who is no
longer a candidate, otherwise, the former would be an additional, not a substitute
candidate. (Pontawe vs. COMELEC, G.R. No. 59343, April 24, 1985).

*If a candidate is disqualified after the last day of filing certificates of

candidacy, what could be the remedy?

-There may be a substitute candidate. The substitution may be on or before

mid- day of the day of the election. (Pontawe vs. COMELEC, G.R. No. 59343, April
24, 1985).

*Who can be a substitute candidate in case a candidate dies, or is

disqualified or withdraws after the last day for filing of the certificate of
candidacy?
-Only a person belonging to and certified by the same political party may file
a certificate of candidacy to replace the candidate who died, withdrew or was
disqualified. The substitute candidate nominated by the political party concerned
may file his certificate of candidacy for the office affecter not later than mid- day of
the day of the election. If the death, withdrawal or disqualification should occur
between the day before the election and mid- day of election day, said certificate
may be filed with any board of election inspectors in the political subdivision where
he is a candidate, or, in the case of candidates to be voted for by the entire
electorate of the country, with the Commission. (Domingo vs. City Board of
Canvassers, G.R. No. 105365, June 2, 1992).

*What is the nature of the order of the COMELEC disqualifying a

candidate? Why?
-It is immediately executory, otherwise, there would be no need to nominate
a substitute. (Pontawe vs. COMELEC, supra).

*What are the prohibited means of collection of funds for election

purposes?
-It shall be unlawful for any person to hold dances, lotteries, cockfights, games,
boxing bouts, bingo, beauty contests, entertainments, or cinematographic theatrical
or other performances for the purpose of raising funds for an election campaign or
for the support of any candidate from the commencement of the election period up
to and including election day; or for any person or organization, whether civic or
religious, directly or indirectly, to solicit and/ or accept from any candidate for public
office, or from his campaign manager, agent or representative, or any person acting
in their behalf, any gift, food, transportation, contribution or donation in cash or in
kind from the commencement of the election period up to and including election

day; provided, that normal and customary religious stipends, tithes, or collections
on Sundays and/ or designated collection days, are excluded from this prohibition.
(Sec. 97, Art. XI, B.P. Blg. 881)

*What shall constitute the permanent list of voters?

-Any provision of P.D. No. 1896 to the contrary notwithstanding, the list of
voters prepared and used in the election of Members of the Batasang Pambansa on
May 14, 1984, with such additions, cancellations and corrections as may hereafter
be made in accordance with the provisions of this Code, shall constitute the
permanent list of voters in each city or municipality, as the case may be until 1996.
-For the purposes of the next following election, the Commission, through the
election registrars, shall assign the proper precincts and polling places to the
registered voters in said list. Written notice of any such change shall be made to the
affected voters within two weeks t