Who may elect

286. Who may exercise this right:

Qualification and disqualification of
Voters?
ARTICLE V, SUFFRAGE
Section 1. Suffrage may be exercised by
all citizens of the Philippines not
otherwise disqualified by law, who are at
least eighteen years of age, and 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 months
immediately preceding the election. No
literacy, property, or other substantive
requirement shall be imposed on the
exercise of suffrage.
Qualifications:
1. Filipino citizen
2. At least 18 years of age on the day
of the election
3. Resident of the Philippines for at
least one year immediately before
the election
4. Resident of the city/municipality
wherein he proposes to vote for at
least 6 months immediately
preceding the election
5. Not otherwise disqualified by law
Disqualifications:
1. Sentence by final judgment to
suffer imprisonment for not less
than one year, unless pardoned or
granted amnesty;
But right is reacquired before
expiration of 5 years after
service of sentence
2. Conviction by final judgment of any
of the following crimes:
i. Crime involving disloyalty to the
government
ii. Any crime against national
security
iii. Firearms laws

But right is reacquired before

expiration of 5 years after
service of sentence.

3. Insanity or incompetence declared

by competent authority (Sec. 118,
B.P. 881 Omnibus Election Code)
287. May the law require the
registration of voters as a requisite
to vote? Why?
Yes.
The act of registration is part and
parcel of the right to vote and an
indispensable element in the election
process.
Thus registration cannot and
should not be denigrated to the lowly
stature of a mere statutory requirement.
The State, in the exercise of its
inherent police power, may then enact
laws to safeguard and regulate the act of
voters registration for the ultimate
purpose of conducting honest, orderly
and peaceful elections. (Akbayan-Youth v
COMELEC, 2001)
288. Who has jurisdiction over
inclusion and exclusion proceedings
i.
ii.
iii.

MTCoriginal and exclusive

RTCappellate jurisdiction
SCappellate jurisdiction over
RTC on question of law

289. May dual citizens vote in

Philippine elections?
Yes. Dual citizenship is not one of the
disqualifications for the right to suffrage.

Who may be elected

290. Qualification of individual
candidates

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Qualifications prescribed by law are

continuing requirements and must be
possessed for the duration of the
officer's active tenure. Once any of the
required qualifications are lost, his title
to the office may be seasonably
challenged. (Frivaldo v COMELEC; Labo
v COMELEC)
An official begins to govern or
discharge his functions only upon his
proclamation and on the day the law
mandates his term of office to begin.
Since Frivaldo re-assumed his
citizenship on the very day the term
began, he was therefore already
qualified to be proclaimed, to hold
such office and to discharge the
functions and responsibilities thereof
as of the said date. (Frivaldo v
COMELEC)

1. President / Vice President

i.
Natural-born citizen of the
Philippines
ii.
Able to Read and Write
iii.
Registered Voter
iv.
At least 40 yrs. of age on the day of
the election
v.
Resident of the Philippines for at
least 10 yrs immediately preceding
such election (Sec. 63, BP 881)
2. Senate / House of Representatives
a. Senator
i.
Natural-born citizen of the
Philippines
ii.
Able to Read andWrite
iii.
Registered Voter
iv.
At least 35 yrs of age on the day of
the election
v.
Resident of the Philippines for at
least 2 yrs
vi.
immediately preceding such
election

i.
ii.
iii.

iv.
v.

Natural- born citizen of the

Philippines
Able to Read andWrite
Registered Voter in the district
where he shall be elected
EXCEPT: Party-list
Representatives
At least 25 yrs of age on the day of
the election
Resident of the district for at least
1 yr. immediately preceding such
election

3. Local Government Officials

a. In General Elective Local Officials
i.
Citizen of the Philippines
ii.
Able to Read and Write Filipino or
any local
iii.
language or dialect
iv.
Registered Voter in the Barangay,
Municipality, City, Province or
District (for members of local
legislative bodies) where he
intends to be elected
v.
Resident of the Barangay,
Municipality, City Province or
District for at least 1 yr
immediately preceding the day of
the election
b. Specific Positions
b.1 Governor/ Vice Governor / Member of
the
Sangguniang Panlalawigan; Mayor / Vice
Mayor/
Member of Sangguniang Panglungsod of
Highly
Urbanized Cities
i.
At least 23 yrs. of age on election
day
b.2 Mayor / ViceMayor (Independent
Component
Cities/ Component Cities / Municipalities)
i.
At least 21 yrs. of age on election
day

b. Member of the House

Page 2 of 10

b.3 Member of Sangguniang Panglungsod

/
Sangguniang Bayan
i.
At least 18 yrs. of age on election
day

9, RA 8189 - Voters
Registration Act of 1996)

292. Change of residency: requisites

b.4 Punong Barangay / Member of
Sangguniang
Barangay
i.
At least 18 yrs. of age on election
day
b.5 Candidates for Sangguniang
Kabataan
i.
At least 15 yrs of age but not more
than 21 yrs. on election day
291. Residency, meaning and
elements
The meaning and purpose of residency
requirementthe place where a party
actually or constructively has his
permanent home, where he, no matter
where he may be found at any given
time, eventually intends to return and
remain, i.e., his domicile, is that to which
the constitution refers when it speaks of
residence for the purposes of election law.
(Aquino vs. COMELEC, 248 SCRA 400)
Domicile- A place to which, whenever
absent for business or for pleasure, one
intends to return, and depends on facts
and circumstances in the sense that they
disclose intent. (RomualdezMarcos vs.
COMELEC)
Twin elements:
(1) Fact of residence / physical
presence in a fixed place
(2) Animus manendi (intention to
permanently return) (Aquino v
COMELEC).
a. At least 1 year in the
Philippines
b. At least 6 months in the
place wherein they propose
to vote immediately
preceding the election (Sec.

(1) An actual removal or an actual

change of domicile;
(2) A bona fide intention of
abandoning the former place of
residence and establishing a new
one; and
(3) Acts corresponding to such purpose
(Romualdez v COMELEC)
293. Disqualifications of individual
candidates under the Constitution
1. President / Vice President
The President shall not be eligible for
any re-election.
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
No Vice-President shall serve for more
than two successive terms.
Voluntary renunciation of the office for
any length of time shall not be
considered as an interruption in the
continuity of the service for the full
term for which he was elected.
Any person who does not have any of
the following qualifications:
i.
Natural-born citizen of the
Philippines
ii.
Able to Read and Write
iii.
Registered Voter
iv.
At least 40 yrs. of age on the day of
the election
v.
Resident of the Philippines for at
least 10 years immediately
preceding such election
2. Senate / House of Representatives
a. Senator

Page 3 of 10

No Senator shall serve for more than

two 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 of which he was elected.
Any person who does not have any of
the following qualifications:
i.
Natural-born citizen of the
Philippines
ii.
Able to Read and Write
iii.
Registered Voter
iv.
At least 35 years of age on the day
of the election
v.
Resident of the Philippines for at
least 2 yrs
vi.
immediately preceding such
election
b. Member of the House
No Member of the House of
Representatives shall serve for more
than three 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.
A person who does not have any of
the following qualifications:
i.
Natural- born citizen of the
Philippines
ii.
Able to Read andWrite
iii.
Registered Voter in the district
where he shall be elected
EXCEPT: Party-list
Representatives
iv.
At least 25 yrs of age on the day of
the election
v.
Resident of the district for at least
1 yr. immediately preceding such
election

i.

Any person declared by competent

authority as insane or incompetent

ii.

Any person sentenced by final

judgment for any of the following
offenses:
a. Subversion, insurrection or
rebellion
b. Offense for which he was
sentenced to penalty of more
than 18 months
c. Crime involving moral turpitude

iii.

A permanent resident to or
immigrant to a foreign country
unless he waives such status (OEC,
Sections 12 and 68)

iv.

One who has violated provisions

on:
a. Campaign period;
b. Removal, destruction of lawful
election propaganda;
c. Prohibited forms of propaganda;
d. Regulation of propaganda
through mass media; and
e. Election offenses.

2. Under the Local Government Code (RA

7160)
i.

ii.
iii.
iv.
v.

294. Disqualification of individual

candidates under statutes
1. Under the Omnibus Election Code (BP
881)

Page 4 of 10

vi.

Those sentenced by final

judgment for an offense
involving moral turpitude or an
offense punishable by
imprisonment for at least 1
year, within 2 years after
service of sentence;
Those removed from office as a
result of an administrative case;
Those convicted by final
judgment for violating the oath
of allegiance to the Republic;
Those with dual citizenship;
Fugitives from justice in criminal
or nonpolitical cases here or
abroad;
Permanent residents in foreign
country or those who have

vii.

acquired the right to reside

abroad and continue to avail of
the same right after the
effectivity of this Code.
The insane or feeble-minded.
(Sec. 40, LGC)

3. Under the Revised Administrative Code

( EO 292)
i.
Ecclesiastics;
ii.
Persons receiving compensation
from provincial or municipal
funds; and
iii.
Contractors for public works of
the municipality.
4. Under the Lone Candidate Law ( RA
8295)
i. Any elective official who has
resigned from his office
By accepting an appointive
office or for whatever reason
which he previously occupied
but has caused to become
vacant due to his resignation;
and
ii. Any person who, directly or
indirectly,
Coerces, bribes, threatens,
harasses, intimidates or
actually causes, inflicts or
produces any violence, injury,
punishment, torture, damage,
loss or disadvantage
To any person or persons
aspiring to become a
candidate or that of the
immediate member of his
family, his honor or property
That is meant to eliminate all
other potential candidates.
295. Qualification and
disqualification of party list
candidates
Qualifications of partylist nominees:
1. Natural born citizen of the
Philippines
2. Registered voter

3. Resident of the Philippines for at

least 1 year immediately preceding
the day of the election
4. Able to read and write
5. Bona fide member of the party or
organization which he seeks to
represent at least 90 days
preceding election day
6. At least 25 years of age. (not more
than 30 years old for nominees for
youth sector)
Disqualifications:
1. Shall not serve for more than three
(3) consecutive terms. (Sec. 7,
Article VI)
2. One who has been declared by
competent authority as insane or
incompetent
3. One who has been sentenced by
final judgment for:
i.
Subversion;
ii.
Insurrection;
iii.
Rebellion;
iv.
Any offense for which he
has been sentenced to a
penalty of not more than
18 months; or
v.
A crime involving moral
turpitude, unless given
plenary pardon or
granted amnesty (Section
12, BP 881Omnibus
Election Code)
296. Qualification and
disqualification of party list
nominees
Same with No. 295
Other actors in the election process
297. State the powers of the
Commission on Elections under the
Constitution.
1. Enforce and administer

Page 5 of 10

All laws and regulations relative to the

conduct of an election, plebiscite,
initiative, referendum, and recall.

2. Exercise:
a. Exclusive original jurisdiction over all
contests relating to the election,
returns and qualifications of all
elective
i. Regional
ii. Provincial
iii. City officials
b. Exclusive appellate jurisdiction over all
contests involving:
i. Elective municipal officials
decided by trial courts of general
jurisdiction
ii. Elective barangay officials
decided by courts of limited
jurisdiction.
c. Contempt powers
i. COMELEC can exercise this power
only in relation to its adjudicatory
or quasijudicial functions. It
cannot exercise this in connection
with its purely executive or
ministerial functions
ii. If it is preproclamation
controversy, the COMELEC
exercises quasijudicial/
administrative powers.
iii. Its jurisdiction over contests
(after proclamation), is in exercise
of its judicial functions.
Note: The COMELEC may issue
writs of certiorari, prohibition, and
mandamus in exercise of its
appellate functions.
3. Decide, except those involving the
right to vote,
All questions affecting elections,
including determination of the number
and location of polling places,
appointment of election officials and
inspectors, and registration of voters.
Note: Questions involving the right to
vote fall within the jurisdiction of
ordinary courts.

4. Deputize,
With the concurrence of the
President,
o Law enforcement agencies and
o Instrumentalities of the
government,
o Including the AFP,
For the exclusive purpose of
ensuring free, orderly,
honest, peaceful and
credible elections.
5. Registration of political parties,
organizations, or coalitions and
accreditation of citizens arms of the
COMELEC.
6.

File, upon a verified complaint, or

on its own initiative, petitions in
court for inclusion or exclusion of
voters;
Investigate and,
Where appropriate, prosecute
cases of violations of election laws,
including acts or omissions
constituting election frauds,
offenses and malpractices.
a. COMELEC has exclusive
jurisdiction to investigate and
prosecute cases for violations of
election laws.
b. COMELEC can deputize
prosecutors for this purpose. The
actions of the prosecutors are the
actions of the COMELEC.
Note: Preliminary investigation
conducted by COMELEC is valid.

7. Recommend to the Congress

Effective measures to minimize
election spending, including
limitation of places where
propaganda materials shall be
posted, and to prevent and
penalize all forms of election

Page 6 of 10

frauds, offenses, malpractices, and

nuisance candidacies.
8. Recommend to the President
The removal of any officer or
employee it has deputized, or
The imposition of any other
disciplinary action, for violation or
disregard of, or disobedience to its
directive, order, or decision.

is now expressly provided under sec. 7 of

the Fair Elections Act.
300. May the Comelec prevent the
publication of surveys of voter
preference during the election
period? Briefly explain.

9. Submit to the President and the

Congress
A comprehensive report on the
conduct of each election, plebiscite,
initiative, referendum, or recall.
298. What are the conditions for the
COMELEC to exercise its power to
regulate the media or public
utilities?
Such supervision or regulation shall aim
to ensure:
i.
equal opportunity, time and space
ii.
the right to reply, including
reasonable equal rates for public
information campaigns and forums
among candidates,
In connection with the object of holding
free, orderly, honest, peaceful and
credible elections.
299. May the Comelec compel
newspapers to give free print space
to candidates to ensure equal
opportunities during elections?
Briefly explain.
COMELEC cannot compel newspapers of
general circulation to donate free print
space as COMELEC space without
payment of just compensation. Such
compulsion amounts to taking; hence, it
is an exercise of eminent domain and not
of police power (Philippine Press Institute
v. COMELEC, G.R. No. 119694, May 22,
1995). The payment of just compensation

No. The SC held that Sec. 5.4 of the Fair

Election Act prohibiting publication of
survey results 15 days immediately
preceding a national election and 7 days
before a local election violates the
constitutional rights of speech, expression
and the press because:
1. It imposes a prior restraint on the
freedom of expression.
2. It is a direct and total suppression of a
category of expression and even
though such suppression is only for a
limited period; and
3. The governmental interest sought to
be promoted can be achieved by
means other than the suppression of
freedom of expression (SWS v.
COMELEC, G.R. No. 147571)
301. What are the prohibitions on
members of the armed forces and
the civil service during elections?
No officer or employee in the civil service
shall engage, directly or indirectly, in any
electioneering or partisan political
campaign.
No member of the military shall engage,
directly or indirectly, in any partisan
political activity, except to vote.
302. May the Comelec ban the
media from conduct and publication
of exit polls on elections? Why?
No.Exit polls are valid. They do not violate
the principle of secrecy of the ballot since
such polls are purely voluntary on the
part of the voter and do not require him

Page 7 of 10

or her to reveal his or her ballot. (ABSCBN v COMELEC, 2000)

the candidate who died, withdrew or was

disqualified. (COMELEC Reso. No. 9140)

303. May the Comelec ban the

conduct of election surveys? Why?

Note: However, no substitution shall be

allowed for any independent candidate.
(Ibid.)

No. Same with No. 300

THE ELECTORAL PROCESS
304. Election period

Election period begins 90 days before

the day of election and ends 30 days
thereafter. (Sec. 3, OEC)
The period of time, with respect to a
scheduled date of election, when the
conduct of certain political activities,
are regulated by election laws, and the
violation of which constitutes election
offense subject to penalties.

305. Effect of filing on appointive

and elective officers
Candidates holding appointive office or
positions. - 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 OEC)
306. Substitution of candidates
If after the last day for the filing of
certificates of candidacy, an official
candidate of a political party: (1) dies, (2)
withdraws or is (3) disqualified for any
causea person belonging to, and
certified by, the same political party may
file a certificate of candidacy not later
than midday of election day to replace

This does not include those cases where

the certificate of candidacy of the person
to be substituted had been denied due
course and canceled under Section 78 of
the Omnibus Election Code. While the law
enumerated the occasion where a
candidate may be validly substituted,
there is no mention of the case where a
candidate is excluded not only by
disqualification but also by denial and
cancellation of his certificate of
candidacy. (Ong v. Alegre, G.R. No.
163295, January 23, 2006)
307. Withdrawal of candidates
A person who has filed a certificate of
candidacy may, prior to the election,
withdraw the same by submitting to the
office concerned a written declaration
under oath. (Sec. 73 OEC)
308. Nuisance candidates

The Commission may motu proprio or

upon a verified petition of an
interested party, refuse to give due
course to or cancel a certificate of
candidacy if it is shown that said
certificate has been filed
o To put the election process in
mockery or disrepute or
o To cause confusion among the
voters by the similarity of the
names of the registered candidates
or
o By other circumstances or acts
which clearly demonstrate that the
candidate has no bona fide
intention to run for the office for
which the certificate of candidacy
has been filed and thus prevent a
faithful determination of the true

Page 8 of 10

will of the electorate. (Sec. 69.

OEC)
309. Petition to Deny or Cancel
Certificates of Candidacy
A verified petition seeking to deny due
course or to cancel a certificate of
candidacy may be filed by the person
exclusively on the ground that any
material representation contained therein
as required under Section 74 (Contents of
certificate of candidacy) is false.
The petition may be filed at any time not
later than 25 days from the time of the
filing of the certificate of candidacy and
shall be decided, after due notice and
hearing, not later than fifteen days before
the election. (Sec. 78 OEC - Petition to
deny due course to or cancel a certificate
of candidacy)

310. Give the various grounds for

disqualification under the Omnibus
Election Code.
Sec. 68. Disqualifications
Any candidate who, in an action or
protest in which he is a party is declared
by final decision of a competent court
guilty of, or found by the Commission of
having
a. Given money or other material
consideration to influence, induce or
corrupt the voters or public officials
performing electoral functions;
b. Committed acts of terrorism to
enhance his candidacy;
c. Spent in his election campaign an
amount in excess of that allowed by
this Code;
d. Solicited, received or made any
contribution prohibited under Sections
89, 95, 96, 97 and 104;

i. Sec. 89. Transportation, food and

drinks
ii. Sec. 95. Prohibited contributions
iii. Sec. 96. Soliciting or receiving
contributions from foreign sources
iv. Sec. 97. Prohibited raising of funds
v. Sec. 104. Prohibited donations by
candidates, treasurers of parties or
their agents; or
e. Violated any of Sections 80, 83, 85, 86
and 261, paragraphs d, e, k, v, and cc,
subparagraph 6,
i. Sec. 80. Election campaign or
partisan political activity outside
campaign period
ii. Sec. 83. Removal, destruction or
defacement of lawful election
propaganda prohibited
iii. Sec. 85. Prohibited forms of
election propaganda
iv. Sec. 86. Regulation of election
propaganda through mass media
v. Sec. 261. Prohibited Acts
vi. (d) Coercion of subordinates
vii. (e) Threats, intimidation, terrorism,
use of fraudulent device or other
forms of coercion
viii. (k) Unlawful electioneering
ix. (v) Prohibition against release,
disbursement or expenditure of
public funds
x. (cc) On candidacy and campaign
Shall be disqualified from continuing as a
candidate, or if he has been elected, from
holding the office.
Any person who is a permanent resident
of or an immigrant to a foreign country
shall not be qualified to run for any
elective office under this Code, unless
said person has waived his status as
permanent resident or immigrant of a
foreign country in accordance with the
residence requirement provided for in the
election laws.
311. Effect of Disqualification

Page 9 of 10

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.
Nevertheless, if for any reason, a
candidate is not declared by final
judgment before an election to be
disqualified and he is voted for and
receives the winning number of votes in
such election, his violation of the
provisions of the preceding sections shall
not prevent his proclamation and
assumption to office. (Sec. 72)

Page 10 of 10