Election Laws Premid Atty. Gujilde

Charm Tan AY 2015-2016
ELECTION LAWS
Part I: ELECTIVE OFFICIALS
1. Election, defined.
- It is the 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)
b)
Election defined under jurisprudence.

An election is the embodiment of the popular will, the expression of the sovereign power of the people.
It involves the choice or selection of candidates to public office by popular vote. Specifically, the term
"election," in the context of the Constitution, may refer to the conduct of the polls, including the listing
of voters, the holding of the electoral campaign, and the casting and counting of the votes which do
not characterize the election of officers in the Katipunan ng mga barangay. (Taule v. Santos)
Election defined within the context of the Constitution.
The phrase "election, returns and qualifications" should be interpreted in its totality as referring to all
matters affecting the validity of the contestee's title. But if it is necessary to specify, we can say that
"election" referred to the conduct of the polls, including the listing of voters, the holding of the electoral
campaign, and the casting and counting of the votes; "returns" to the canvass of the returns and the
proclamation of the winners, including questions concerning the composition of the board of
canvassers and the authenticity of the election returns and "qualifications" to matters that could be
raised in a quo warranto proceeding against the proclaimed winner, such as his disloyalty or
ineligibility or the inadequacy of his certificate of candidacy. (Javier v. COMELEC)
2. Election, purpose.
a) The purpose of an election is to give the voters a direct participation in the affairs of their government,
either in determining who shall be their public officials or in deciding some question of public interest;
and for that purpose all of the legal voters should be permitted, unhampered and unmolested, to cast
their ballot. (Luna v. Rodriguez)
3. Election laws, purpose.
a) Private respondent argues that inasmuch as the barangay election is non-partisan, there can be no
substitution because there is no political party from which to designate the substitute. Such an
interpretation, aside from being non sequitur, ignores the purpose of election laws which is to give
effect to, rather than frustrate, the will of the voters.[12] It is a solemn duty to uphold the clear and
unmistakable mandate of the people. It is well-settled that in case of doubt, political laws must be so
construed as to give life and spirit to the popular mandate freely expressed through the ballot. (Rulloda
v. COMELEC)
4. Election laws, how construed.
a) Election contests involve public interest, and technicalities and procedural barriers should not be
allowed to stand if they constitute an obstacle to the determination of the true will of the electorate in
the choice of their elective officials. Laws governing election contests must be liberally construed to
the end that the will of the people in the choice of public officials may not be defeated by mere
technical objections. In an election case, the court has an imperative duty to ascertain by all means
within its command who is the real candidate elected by the electorate. The Supreme Court frowns
upon any interpretation of the law or the rules that would hinder in any way not only the free and
intelligent casting of the votes in an election but also the correct ascertainment of the results. (Carlos v.
Angeles)
b) This Court has time and again liberally and equitably construed the electoral laws of our country to
give fullest effect to the manifest will of our people,66 for in case of doubt, political laws must be
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interpreted to give life and spirit to the popular mandate freely expressed through the ballot. (Frivaldo
v. COMELEC)
5. Election, classified.
a) Regular Election
i. SK Election is not a regular election
It is a rule in statutory construction that every part of the statute must be interpreted with reference
to the context, i.e., that every part of the statute must be considered together with the other parts,
and kept subservient to the general intent of the whole enactment. The evident intent of Section
74 is to subject an elective local official to recall election once during his term of office. Paragraph
(b) construed together with paragraph (a) merely designates the period when such elective local
official may be subject of a recall election, that is, during the second year of his term of office.
Thus, subscribing to petitioners interpretation of the phrase regular local election to include the SK
election will unduly circumscribe the novel provision of the Local Government Code on recall, a
mode of removal of public officers by initiation of the people before the end of his term. And if the
SK election which is set by R.A. No. 7808 to be held every three years from May 1996 were to be
deemed within the purview of the phrase regular local election, as erroneously insisted by
petitioner, then no recall election can be conducted rendering inutile the recall provision of the
Local Government Code. (Paras v. COMELEC)
- The SK election is not a regular election because its members do not even possess suffrage
under the Constitution.
- If the SK election was a regular election, there would be no more recall election because it
always falls within the second year of term of office, the only time when a recall election is
allowed.
- The SK is nothing more than a youth organization. Its elected officers are not one of those
enumerated as elective local officials under the law.
b)
c)
Special Election to fill our vacancy

Special election after failure of election
Sec. 6. Failure of election. - If, on account of force majeure, violence, terrorism, fraud, or other
analogous causes the election in any polling place has not been held on the date fixed, or had been
suspended before the hour fixed by law for the closing of the voting, or after the voting and during the
preparation and the transmission of the election returns or in the custody or canvass thereof, such
election results in a failure to elect, and in any of such cases the failure or suspension of election
would affect the result of the election, the Commission shall, on the basis of a verified petition by any
interested party and after due notice and hearing, call for the holding or continuation of the election not
held, suspended or which resulted in a failure to elect on a date reasonably close to the date of the
election not held, suspended or which resulted in a failure to elect but not later than thirty days after
the cessation of the cause of such postponement or suspension of the election or failure to elect.
(Omnibus Election Code)
- Pursuant to Section 6 of the Omnibus Election Code (B.P. Blg. 881), a special election may be held
in Precinct No. 13 only if the failure of the election therein "would affect the result of the election." This
"result of the election" means the net result of the election in the rest of the precincts in a given
constituency, such that if the margin of a leading candidate over that of his closest rival in the latter
precincts is less than the total number of votes in the precinct where there was failure of election, then
such failure would certainly affect "the result of the election"; hence, a special election must be held.
Consequently, the holding of a special election in Precinct No. 13 can only be determined after the
votes in Precinct No. 7 shall have been included in the canvass by the Provincial Board of
Canvassers. (Lucero v. COMELEC)
Sec. 4. Postponement, Failure of Election and Special Elections. The postponement, declaration of
failure of election and the calling of special elections as provided in Sections 5, 6 and 7 of the
Omnibus Election Code shall be decided by the Commission sitting en banc by a majority votes of its
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members. The causes for the declaration of a failure of election may occur before or after the casting
of votes or on the day of the election. (RA No. 7166)
- There are, therefore, two requisites for the holding of special elections under Section 6 of the
Omnibus Election Code, viz.,
(1) that there is a failure of election, and
(2) that such failure would affect the results of the election.
6. Systems of Election
a) Manual System of election (BP 881, Omnibus Election Code)
b) Automated system of election (RA No. 8436)
- a system using appropriate technology for voting and electronic devices to count votes and
canvass/consolidate results
c) Manual count during automated election
Sec. 9. Systems breakdown in the counting center. In the event of a systems breakdown of all
assigned machines in the counting center, the Commission shall use any available machine or any
component thereof from another city/municipality upon the approval of the Commission En Banc or
any of its divisions.
The transfer of such machines or any component thereof shall be undertaken in the presence of
representatives of political parties and citizens' arm of the Commission who shall be notified by the
election officer of such transfer.
There is a systems breakdown in the counting center when the machine fails to read the ballots or
fails to store/save results or fails to print the results after it has read the ballots; or when the computer
fails to consolidate election results/reports or fails to print election results/reports after consolidation.
(RA 8436)
SEC. 11. Section 9 of Republic Act No. 8436 is hereby amended to read as follow:
"SEC.13. Continuity Plan. - The AES shall be so designed to include a continuity plan in case of a
systems breakdown or any such eventuality which shall result in the delay, obstruction or
nonperformance of the electoral process. Activation of such continuity and contingency measures
shall be undertaken in the presence of representatives of political parties and citizen's arm of the
Commission who shall be notified by the election officer of such activation.
"All political parties and party-lists shall be furnished copies of said continuity plan at their official
addresses as submitted to the Commission. The list shall be published in at least two newspaper of
national of circulation and shall be posted at the website of the Commission at least fifteen (15) days
prior to the electoral activity concerned." (RA 9369)
- In the case at bar, the COMELEC order for a manual count was not only reasonable. It was the only
way to count the decisive local votes in the six (6) municipalities of Pata, Talipao, Siasi, Tudanan,
Tapul and Jolo. The bottom line is that by means of the manual count, the will of the voters of Sulu
was honestly determined. We cannot kick away the will of the people by giving a literal interpretation
to R.A. 8436. R.A. 8436 did not prohibit manual counting when machine count does not work.
Counting is part and parcel of the conduct of an election which is under the control and supervision of
the COMELEC. It ought to be self-evident that the Constitution did not envision a COMELEC that
cannot count the result of an election. (Loong v. COMELEC)
7. Constitutional basis of Election
SECTION 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and
all government authority emanates from them. (Article II, 1987 Constitution)
8. Elective Officials, enumerated.
a) 1987 Constitution
i. Article VII
1. President
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2. Vice President
Article VI
1. 12 Senators
2. 1 House of Representative per Legislative district
3. Party-list Representatives
4. * 1 SP Lalawigan per legislative district
iii. Article X
1. RA 6734 (Organic Act for ARMM)
- 1 ARMM Governor
- 1 ARMM Vice-Governor
- 3 ARMM Assemblymen per assembly district
2. RA 6766 (Organic Act of CAR)
3. Ordillo v. COMELEC
The sole province of Ifugao cannot validly constitute the Cordillera Autonomous Region.
From these sections, it can be gleaned that Congress never intended that a single province
may constitute the autonomous region. Otherwise, we would be faced with the absurd
situation of having two sets of officials, a set of provincial officials and another set of regional
officials exercising their executive and legislative powers over exactly the same small area.
ii.
b)
Local Government Code

- 1 Governor per province
- 1 Vice- Governor per province
- 1 Mayor per City and municipality
- 1 Vice-Mayor per city and municipality
- 12 or 10 or 8 SP members per city
- 8 SB Members per municipality
- 1 Punong Barangay per barangay
- 7 Barangay Kagawad per Barangay
- 1 SK Chairman per Barangay
- 7 SK Councils per Barangay
c)
COMELEC Res. No. 9982 (August 18, 2015 as amended)

For the May 9, 2016 elections:
- 1 President
- 1 Vice-President
- 12 Senators 238 House Representatives
- 81 Governors
- 81 Vice-Governors
- 776 SP Members (Sangguniang Panlalawigan; these are actually provincial board members)
- 145 City Mayors
- 145 City Vice-Mayors
- 1,624 SP Members (Sangguniang Panlungsod)
- 1,489 Municipal Mayors
- 1,489 Municipal Vice-Mayors
- 11,916 SB Members (Sangguniang Bayan)
- 1 ARMM Regional Governor
- 1 ARMM Regional Vice-Governor
- 24 ARMM Assemblymen
- 18,083 contested seats
9. President, how elected, term of office and term limit.

Section 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
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at noon of the same date, six years thereafter. 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. (Article VII, 1987 Constitution)
a)
President term limit

- six years, not eligible for re-election
Assuming an actual case or controversy existed prior to the proclamation of a President who has been
duly elected in the May 10, 2010 elections, the same is no longer true today. Following the results of
that elections, private respondent was not elected President for the second time. Thus, any discussion
of his reelection will simply be hypothetical and speculative. It will serve no useful or practical purpose.
(Pormento v. Estrada)
b)
Difference of effects of succession on term limit between the Vice-President and Vice-Mayor.
The framers of the Constitution included such a provision because, without it, the Vice-President, who
simply steps into the Presidency by succession would be qualified to run for President even if he has
occupied that office for more than four years. The absence of a similar provision in Art. X, 8 on elective
local officials throws in bold relief the difference between the two cases. It underscores the
constitutional intent to cover only the terms of office to which one may have been elected for purpose
of the three-term limit on local elective officials, disregarding for this purpose service by automatic
succession.
To recapitulate, the term limit for elective local officials must be taken to refer to the right to be elected
as well as the right to serve in the same elective position. Consequently, it is not enough that an
individual has served three consecutive terms in an elective local office, he must also have been
elected to the same position for the same number of times before the disqualification can apply. (Borja
v. COMELEC)
10. Vice President and Vice-Mayor

There is another reason why the Vice-President who succeeds to the Presidency and serves in that
office for more than four years is ineligible for election as President. The Vice-President is elected
primarily to succeed the President in the event of the latters death, permanent disability, removal or
resignation. While he may be appointed to the cabinet, his becoming so is entirely dependent on the
good graces of the President. In running for Vice-President, he may thus be said to also seek the
Presidency. For their part, the electors likewise choose as Vice-President the candidate who they think
can fill the Presidency in the event it becomes vacant. Hence, service in the presidency for more than
four years may rightly be considered as service for a full term.
This is not so in the case of the vice-mayor. Under the local Government Code, he is the presiding
officer of the sanggunian and he appoints all officials and employees of such local assembly. He has
distinct powers and functions, succession to mayorship in the event of vacancy therein being only one
of them.[16] It cannot be said of him, as much as of the Vice-President in the event of a vacancy in the
Presidency, that in running for vice-mayor, he also seeks the mayorship. His assumption of the
mayorship in the event of vacancy is more a matter of chance than of design. Hence, his service in
that office should not be counted in the application of any term limit. (Borja v. Comelec)
11. President, qualifications
Section 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. (Article VII,
Constitution)
Section 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to
perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in
accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens. (Article IV,
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Constitution)
Section 1. The following are citizens of the Philippines:
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine Citizenship upon
reaching the age of majority; (Ibid.)
a)
Natural-born Filipino, defined

Any conclusion on the Filipino citizenship of Lorenzo Pou could only be drawn from the presumption
that having died in 1954 at 84 years old, Lorenzo would have been born sometime in the year 1870,
when the Philippines was under Spanish rule, and that San Carlos, Pangasinan, his place of
residence upon his death in 1954, in the absence of any other evidence, could have well been his
place of residence before death, such that Lorenzo Pou would have benefited from the "en masse
Filipinization" that the Philippine Bill had effected in 1902. That citizenship (of Lorenzo Pou), if
acquired, would thereby extend to his son, Allan F. Poe, father of respondent FPJ. The 1935
Constitution, during which regime respondent FPJ has seen first light, confers citizenship to all
persons whose fathers are Filipino citizens regardless of whether such children are legitimate or
illegitimate. (Fornier v. Comelec)
b)
Residence, defined
For political purposes the concepts of residence and domicile are dictated by the peculiar criteria of
political laws. As these concepts have evolved in our election law, what has clearly and unequivocally
emerged is the fact that residence for election purposes is used synonymously with domicile. (Marcos
v. Comelec)
It is doctrinally settled that the term residence, as used in the law prescribing the qualifications for
suffrage and for elective office, means the same thing as domicile, which imports not only an intention
to reside in a fixed place but also personal presence in that place, coupled with conduct indicative of
such intention. Domicile denotes a fixed permanent residence to which, whenever absent for
business, pleasure, or some other reasons, one intends to return. Domicile is a question of intention
and circumstances. In the consideration of circumstances, three rules must be borne in mind, namely:
(1) that a man must have a residence or domicile somewhere; (2) when once established it remains
until a new one is acquired; and (3) a man can have but one residence or domicile at a time. ( Domino
v. Comelec)
c)
Residence requirement, rationale

The pertinent provision sought to be enforced is Section 39 of the Local Government Code (LGC) of
1991, which provides for the qualifications of local elective officials, as follows:
"SEC. 39. Qualifications. - (a) An elective local official must be a citizen of the Philippines; a registered
voter in the barangay, municipality, city, or province x x x 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."
Generally, in requiring candidates to have a minimum period of residence in the area in which they
seek to be elected, the Constitution or the law intends to prevent the possibility of a "stranger or
newcomer unacquainted with the conditions and needs of a community and not identified with the
latter from [seeking] an elective office to serve that community." Such provision is aimed at excluding
outsiders "from taking advantage of favorable circumstances existing in that community for electoral
gain." (Torayno v. Comelec)
d)
Property qualification
That said property qualifications are inconsistent with the nature and essence of the Republican
system ordained in our Constitution and the principle of social justice underlying the same, for said
political system is premised upon the tenet that sovereignty resides in the people and all government
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authority emanates from them, and this, in turn, implies necessarily that the right to vote and to be
voted for shall not be dependent upon the wealth of the individual concerned, whereas social justice
presupposes equal opportunity for all, rich and poor alike, and that, accordingly, no person shall, by
reason of poverty, be denied the chance to be elected to public office. (Maquera v. Borra)
12. Vice-President, how elected, term of office and term limit
Section 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 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. (Article VII, Constitution)
13. President & Vice-President, basis for proclamation
Section 4. The returns of every election for President and Vice-President, duly certified by the board of
canvassers of each province or city, shall be transmitted to the Congress, directed to the President of the
Senate. Upon receipt of the certificates of canvass, the President of the Senate shall, not later than thirty days
after the day of the election, open all the certificates in the presence of the Senate and the House of
Representatives in joint public session, and the Congress, upon determination of the authenticity and due
execution thereof in the manner provided by law, canvass the votes. (Ibid. )
Section 6. Each Commission en banc may promulgate its own rules concerning pleadings and practice before
it or before any of its offices. Such rules, however, shall not diminish, increase, or modify substantive rights.
(Article IX, Constitution)
a)
Winner, defined.
The winner is the candidate who has obtained a majority or plurality of valid votes cast in the election.
Sound policy dictates that public elective offices are filled by those who receive the highest number of
votes cast in the election for that office. For, in all republican forms of government the basic idea is
that no one can be declared elected and no measure can be declared carried unless he or it receives
a majority or plurality of the legal votes cast in the election. (Rulloda v. Comelec)
14. Presidential and vice-presidential tie, how broken

Section 4. The person having the highest number of votes shall be proclaimed elected, but in case two or
more shall have an equal and highest number of votes, one of them shall forthwith be chosen by the vote
of a majority of all the Members of both Houses of the Congress, voting separately. ( Article VII,
Constitution)
15. Presidential succession, in case of vacancy at the start of the term
Section 7. The President-elect and the Vice President-elect shall assume office at the beginning of their terms.
If the President-elect fails to qualify, the Vice President-elect shall act as President until the President-elect
shall have qualified.
If a President shall not have been chosen, the Vice President-elect shall act as President until a President shall
have been chosen and qualified.
If at the beginning of the term of the President, the President-elect shall have died or shall have become
permanently disabled, the Vice President-elect shall become President.
Where no President and Vice-President shall have been chosen or shall have qualified, or where both shall
have died or become permanently disabled, the President of the Senate or, in case of his inability, the Speaker
of the House of Representatives, shall act as President until a President or a Vice-President shall have been
chosen and qualified.
The Congress shall, by law, provide for the manner in which one who is to act as President shall be selected
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until a President or a Vice-President shall have qualified, in case of death, permanent disability, or inability of
the officials mentioned in the next preceding paragraph. (Article VII, Constitution)
16. Presidential succession, in case of vacancy on mid-term
Section 8. In case of death, permanent disability, removal from office, or resignation of the President, the VicePresident shall become the President to serve the unexpired term. In case of death, permanent disability,
removal from office, or resignation of both the President and Vice-President, the President of the Senate or, in
case of his inability, the Speaker of the House of Representatives, shall then act as President until the
President or Vice-President shall have been elected and qualified.
The Congress shall, by law, provide who shall serve as President in case of death, permanent disability, or
resignation of the Acting President. He shall serve until the President or the Vice-President shall have been
elected and qualified, and be subject to the same restrictions of powers and disqualifications as the Acting
President. (Ibid.)
17. Permanent disability of the President
Section 11. Whenever the President transmits to the President of the Senate and the Speaker of the House of
Representatives his written declaration that he is unable to discharge the powers and duties of his office, and
until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by
the Vice-President as Acting President.
Whenever a majority of all the Members of the Cabinet transmit to the President of the Senate and to the
Speaker of the House of Representatives their written declaration that the President is unable to discharge the
powers and duties of his office, the Vice-President shall immediately assume the powers and duties of the
office as Acting President.
Thereafter, when the President transmits to the President of the Senate and to the Speaker of the House of
Representatives his written declaration that no inability exists, he shall reassume the powers and duties of his
office. Meanwhile, should a majority of all the Members of the Cabinet transmit within five days to the President
of the Senate and to the Speaker of the House of Representatives, their written declaration that the President
is unable to discharge the powers and duties of his office, the Congress shall decide the issue. For that
purpose, the Congress shall convene, if it is not in session, within forty-eight hours, in accordance with its rules
and without need of call.
If the Congress, within ten days after receipt of the last written declaration, or, if not in session, within twelve
days after it is required to assemble, determines by a two-thirds vote of both Houses, voting separately, that
the President is unable to discharge the powers and duties of his office, the Vice-President shall act as
President; otherwise, the President shall continue exercising the powers and duties of his office. (Ibid.)
In sum, we hold that the resignation of the petitioner cannot be doubted. It was confirmed by his leaving
Malacaang. In the press release containing his final statement, (1) he acknowledged the oath-taking of the
respondent as President of the Republic albeit with reservation about its legality; (2) he emphasized he was
leaving the Palace, the seat of the presidency, for the sake of peace and in order to begin the healing process
of our nation. He did not say he was leaving the Palace due to any kind inability and that he was going to reassume the presidency as soon as the disability disappears: (3) he expressed his gratitude to the people for
the opportunity to serve them. Without doubt, he was referring to the past opportunity given him to serve the
people as President (4) he assured that he will not shirk from any future challenge that may come ahead in the
same service of our country. Petitioner's reference is to a future challenge after occupying the office of the
president which he has given up; and (5) he called on his supporters to join him in the promotion of a
constructive national spirit of reconciliation and solidarity. Certainly, the national spirit of reconciliation and
solidarity could not be attained if he did not give up the presidency. The press release was petitioner's
valedictory, his final act of farewell. His presidency is now in the part tense. (Estrada v. Desierto)
18. Resignation of the President
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Resignation is not a high level legal abstraction. It is a factual question and its elements are beyond quibble:
there must be an intent to resign and the intent must be coupled by acts of relinquishment.78 The validity of a
resignation is not government by any formal requirement as to form. It can be oral. It can be written. It can be
express. It can be implied. As long as the resignation is clear, it must be given legal effect.
In the cases at bar, the facts show that petitioner did not write any formal letter of resignation before he
evacuated Malacaang Palace in the afternoon of January 20, 2001 after the oath-taking of respondent Arroyo.
Consequently, whether or not petitioner resigned has to be determined from his act and omissions before,
during and after January 20, 2001 or by the totality of prior, contemporaneous and posterior facts and
circumstantial evidence bearing a material relevance on the issue.
Using this totality test, we hold that petitioner resigned as President. (Estrada v. Desierto)
19. Vacancy in the office of the Vice-President, how filled.
Section 9. Whenever there is a vacancy in the Office of the Vice-President during the term for which he was
elected, the President shall nominate a Vice-President from among the Members of the Senate and the House
of Representatives who shall assume office upon confirmation by a majority vote of all the Members of both
Houses of the Congress, voting separately. (Article VII, Constitution)
WHEREAS, pursuant to Section 9 Article VII of the Constitution, the President in the event of such vacancy
shall nominate a Vice President from among the members of the Senate and the House of Representatives
who shall assume office upon confirmation by a majority vote of all members of both Houses voting separately.
(Estrada v. Desierto)
20. Vacancy in both the presidency and vice-presidency, how filled.
Section 10. The Congress shall, at ten o'clock in the morning of the third day after the vacancy in the offices of
the President and Vice-President occurs, convene in accordance with its rules without need of a call and within
seven days, enact a law calling for a special election to elect a President and a Vice-President to be held not
earlier than forty-five days nor later than sixty days from the time of such call. The bill calling such special
election shall be deemed certified under paragraph 2, Section 26, Article V1 of this Constitution and shall
become law upon its approval on third reading by the Congress. Appropriations for the special election shall be
charged against any current appropriations and shall be exempt from the requirements of paragraph 4, Section
25, Article V1 of this Constitution. The convening of the Congress cannot be suspended nor the special
election postponed. No special election shall be called if the vacancy occurs within eighteen months before the
date of the next presidential election. (Article VII, Constitution)
Section 25. (4) A special appropriations bill shall specify the purpose for which it is intended, and shall be
supported by funds actually available as certified by the National Treasurer, or to be raised by a corresponding
revenue proposal therein. (Article VI, Constitution)
Sec. 14. Special election for President and Vice-President. - In case a vacancy occurs for the Office of the
President and Vice-President, the Batasang Pambansa shall, at ten o'clock in the morning of the third day after
the vacancy occurs, convene in accordance with its rules without need of a call and within seven days enact a
law calling for a special election to elect a President and a Vice-President to be held not earlier than forty-five
days nor later than sixty days from the time of such call. The bill calling such special election shall be deemed
certified under paragraph (2), Section 19, Article VIII of the Constitution and shall become law upon its
approval on third reading by the Batasang Pambansa. Appropriations for the special election shall be charged
against any current appropriations and shall be exempt from the requirements of paragraph (4), Section 16 of
Article VIII of the Constitution. The convening of the Batasang Pambansa cannot be suspended nor the special
election postponed. No special election shall be called if the vacancy occurs within seventy days before the
date of the presidential election of 1987. (Article II, Omnibus Election Code)
21. Senators, number, how elected, term of office and term limit.
Section 2. The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified
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voters of the Philippines, as may be provided by law. (Article VI, Constitution)

Section 2. The Senators, Members of the House of Representatives, and the local officials first elected under
this Constitution shall serve until noon of June 30, 1992.
Of the Senators elected in the elections in 1992, the first twelve obtaining the highest number of votes shall
serve for six years and the remaining twelve for three years. (Article XVIII, Constitution)
In the instant case, Section 2 of R.A. No. 6645 itself provides that in case of vacancy in the Senate, the special
election to fill such vacancy shall be held simultaneously with the next succeeding regular election.
Accordingly, the special election to fill the vacancy in the Senate arising from Senator Guingonas appointment
as Vice-President in February 2001 could not be held at any other time but must be held simultaneously with
the next succeeding regular elections on 14 May 2001. The law charges the voters with knowledge of this
statutory notice and COMELECs failure to give the additional notice did not negate the calling of such special
election, much less invalidate it.
More than 10 million voters cast their votes in favor of Honasan, the party who stands most prejudiced by the
instant petition. We simply cannot disenfranchise those who voted for Honasan, in the absence of proof that
COMELECs omission prejudiced voters in the exercise of their right of suffrage so as to negate the holding of
the special election. (Tolentino v. Comelec)
22. Senator, qualifications.
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 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. (Article VI,
Constitution)
Pimentel's contention is well - taken. Accordingly, Sec. 36(g) of RA 9165 should be, as it is hereby declared as,
unconstitutional. It is basic that if a law or an administrative rule violates any norm of the Constitution, that
issuance is null and void and has no effect. The Constitution is the basic law to which all laws must conform;
no act shall be valid if it conflicts with the Constitution. In the discharge of their defined functions, the three
departments of government have no choice but to yield obedience to the commands of the Constitution.
Whatever limits it imposes must be observed.
In the same vein, the COMELEC cannot, in the guise of enforcing and administering election laws or
promulgating rules and regulations to implement Sec. 36(g), validly impose qualifications on candidates for
senator in addition to what the Constitution prescribes. If Congress cannot require a candidate for senator to
meet such additional qualification, the COMELEC, to be sure, is also without such power. The right of a citizen
in the democratic process of election should not be defeated by unwarranted impositions of requirement not
otherwise specified in the Constitution. (Pimentel v. Comelec)
23. Members of the HOR, number, how elected, term of office and term limit.
a) Constitution
SECTION 7. The Members of the House of Representatives shall be elected for a term of three 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 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. (Article VI)
SECTION 5. (1) The House of Representatives shall be composed of not more than two hundred and
fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned
among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their
respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as
provided by law, shall be elected through a party-list system of registered national, regional, and
sectoral parties or organizations.
(2) The party-list representatives shall constitute twenty per centum of the total number of
10
representatives including those under the party list. For three consecutive terms after the ratification of
this Constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided
by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities,
women, youth, and such other sectors as may be provided by law, except the religious sector.
(3) Each legislative district shall comprise, as far as practicable, contiguous, compact and adjacent
territory. Each city with a population of at least two hundred fifty thousand, or each province, shall
have at least one representative.
(4) Within three years following the return of every census, the Congress shall make a
reapportionment of legislative districts based on the standards provided in this section. (Article VI)
b)
Omnibus Election Code

Sec. 24. Apportionment of representatives. - Until a new apportionment shall have been made, the
Members of the Batasang Pambansa shall be apportioned in accordance with the Ordinance
appended to the Constitution, as follows:chanroblesvirtuallawlibrary
National Capital Region: Manila, 6; Quezon City, 4; Caloocan, 2; Pasay, 1; Pasig and Marikina, 2; Las
Pias and Paraaque, 1; Makati, 1; Malabon, Navotas and Valenzuela, 2; San Juan and
Mandaluyong, 1; Taguig, Pateros and Muntinglupa, 1.
Region 1: Abra, 1; Benguet, 1; Ilocos Norte with Laoag City, 2; Ilocos Sur, 2; La Union, 2; Mountain
Province, 1; Pangasinan with the cities of Dagupan and San Carlos, 6; Baguio City, 1.
Region II: Batanes, 1; Cagayan, 3; Ifugao, 1; Isabela, 3; Kalinga-Apayao, 1; Nueva Vizcaya, 1;
Quirino, 1.
Region III: Bataan, 1; Bulacan, 4; Nueva Ecija with the cities of Cabanatuan, Palayan and San Jose,
4; Pampanga with Angeles City, 4; Tarlac, 2; Zambales, 1; Olongapo City, 1.
Region IV: Aurora, 1; Batangas with the cities of Batangas and Lipa, 4; Cavite with the cities of Cavite,
Tagaytay and Trece Martires, 3; Laguna with San Pablo City, 4; Marinduque, 1; Occidental Mindoro, 1;
Oriental Mindoro, 2; Palawan with Puerto Princesa City, 1; Quezon with Lucena City, 4; Rizal, 2;
Romblon, 1.
Region V: Albay with Legaspi City, 3; Camarines Norte, 1; Camarines Sur with the cities of Iriga and
Naga, 4; Catanduanes, 1; Masbate, 2; Sorsogon, 2.
Region VI: Aklan, 1; Antique, 1; Capiz with Roxas City; Iloilo with Iloilo City, 5; Negros Occidental with
the cities of Bacolod, Bago, Cadiz, La Carlota, San Carlos and Silay, 7.
Region VII: Bohol with Tagbilaran City, 3; Cebu with the cities of Danao,
Lapu-Lapu, Mandaue and Toledo, 6; Negros Oriental with the cities of Bais, Canlaon and Dumaguete,
3; Siquijor, 1; Cebu City, 2.
Region VIII: Leyte with the cities of Ormoc and Tacloban, 5; Southern Leyte, 1; Eastern Samar, 1;
Northern Samar, 1; Samar with Calbayog City, 2.
Region IX: Basilan, 1; Sulu, 1; Tawi-Tawi, 1; Zamboanga del Norte with the cities of Dapitan and
Dipolog, 2; Zamboanga del Sur with Pagadian City, 3; Zamboanga City, 1.
Region X: Agusan del Norte with Butuan City, 1; Agusan del Sur, 1; Bukidnon, 2; Camiguin, 1; Misamis
Occidental with the cities of Oroquieta, Ozamis and Tangub, 1; Misamis Oriental with Gingoog City, 2;
Surigao del Norte with Surigao City, 1; Cagayan de Oro City, 1.
Region XI: Surigao del Sur, 1; Davao del Norte, 3; Davao Oriental, 1; Davao del Sur, 2; South
Cotabato with General Santos City, 3; Davao City, 2.
Region XII: Lanao del Norte, 1; Lanao del Sur with Marawi City, 2; Maguindanao with Cotabato City, 2;
North Cotabato, 2; Sultan Kudarat, 1; Iligan City, 1.
Any province that may hereafter be created or any component city that may hereafter be declared by
or pursuant to law as a highly urbanized city shall be entitled in the immediately following election to at
least one Member or such number of Members as it may be entitled to on the basis of the number of
the inhabitants and on the same uniform and progressive ratio used in the last preceding
apportionment. The number of Members apportioned to the province out of which the new province
was created or where the new highly urbanized city is geographically located shall be correspondingly
adjusted by the Commission, but such adjustment shall not be made within one hundred twenty days
before the election. (Article III)
11
c)
Number of Party-list (see own notes)

Veterans Federation Party v. Comelec
BANAT v. Comelec
24. Three-term limit.
Section 8. The term of office of elective local officials, except barangay officials, which shall be determined
by law, shall be three years and no such official 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. (Article X, Constitution)
25. Term limit, purpose of.
Borja v. Comelec
Two ideas thus emerge from a consideration of the proceedings of the Constitutional Commission. The
first is the notion of service of term, derived from the concern about the accumulation of power as a result
of a prolonged stay in office. The second is the idea of election, derived from the concern that the right of
the people to choose those whom they wish to govern them be preserved.
The purpose of this provision (Art. 8) is to prevent a circumvention of the limitation on the number of terms
an elective official may serve. Conversely, if he is not serving a term for which he was elected because he
is simply continuing the service of the official he succeeds, such official cannot be considered to have fully
served the term now withstanding his voluntary renunciation of office prior to its expiration.
Latasa v. Comelec
An examination of the historical background of the subject Constitutional provision reveals that the
members of the Constitutional Commission were as much concerned with preserving the freedom of
choice of the people as they were with preventing the monopolization of political power.
An elective local official, therefore, is not barred from running again in for same local government post,
unless two conditions concur: 1.) that the official concerned has been elected for three consecutive terms
to the same local government post, and 2.) that he has fully served three consecutive terms.
The framers of the Constitution, by including this exception, wanted to establish some safeguards against
the excessive accumulation of power as a result of consecutive terms.
26. Succession, effect on term continuity.
Borja v. Comelec
To recapitulate, the term limit for elective local officials must be taken to refer to the right to be elected as
well as the right to serve in the same elective position. Consequently, it is not enough that an individual
has served three consecutive terms in an elective local office, he must also have been elected to the same
position for the same number of times before the disqualification can apply.
Montebon v. Comelec
Thus, for the disqualification to apply, it is not enough that the official has been elected three consecutive
times; he must also have served three consecutive terms in the same position.
Succession in local government offices is by operation of law.
Voluntary renunciation of a term does not cancel the renounced term in the computation of the three term
limit; conversely, involuntary severance from office for any length of time short of the full term provided by
law amounts to an interruption of continuity of service.
Thus, succession by law to a vacated government office is characteristically not voluntary since it involves
the performance of a public duty by a government official, the non-performance of which exposes said
official to possible administrative and criminal charges of dereliction of duty and neglect in the performance
of public functions. It is therefore more compulsory and obligatory rather than voluntary.
27. Preventive suspension, effect on term continuity.
Aldovino v. Comelec
28. Disqualification, prior to term end, effect of.
12
Lonzanida v. Comelec
29. Disqualification after term end, effect of.
Ong v. Alegre
Rivera v. Comelec
30. Recall, effect on three-term disqualification.
Adormeo v. Comelec
Socrates v. Comelec
31. Conversion of municipality to city, effect of.
Latasa v. Comelec
32. Election protest, effects of.
Abundo v. Comelec
33. Members of HOR, qualifications.
SECTION 1. The legislative power shall be vested in the Congress of the Philippines which shall consist of
a Senate and a House of Representatives, except to the extent reserved to the people by the provision on
initiative and referendum. (Article VI, Constitution)
34. Party-list Representatives or Nominees, qualifications.
Section 5 (2). The party-list representatives shall constitute twenty per centum of the total number of
representatives including those under the party list. For three consecutive terms after the ratification of this
Constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided by law,
by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women,
youth, and such other sectors as may be provided by law, except the religious sector. (Ibid.)
SECTION 8. Political parties, or organizations or coalitions registered under the party-list system, shall not
be represented in the voters registration boards, boards of election inspectors, boards of canvassers, or
other similar bodies. However, they shall be entitled to appoint poll watchers in accordance with law.
(Article IX, (C))
Bagong Bayani-OFW v. Comelec
BANAT v. Comelec
Bayan Muna v. Comelec
Atong Paglaum v. Comelec
35. Sectors to be represented by party-list, enumerated.
Article VI, Section 5(2) of Constitution
RA 7941
Section 5. Registration. Any organized group of persons may register as a party, organization or coalition
for purposes of the party-list system by filing with the COMELEC not later than ninety (90) days before the
election a petition verified by its president or secretary stating its desire to participate in the party-list
system as a national, regional or sectoral party or organization or a coalition of such parties or
organizations, attaching thereto its constitution, by-laws, platform or program of government, list of officers,
coalition agreement and other relevant information as the COMELEC may require: Provided, That the
sectors shall include labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly,
handicapped, women, youth, veterans, overseas workers, and professionals.
The COMELEC shall publish the petition in at least two (2) national newspapers of general circulation.
The COMELEC shall, after due notice and hearing, resolve the petition within fifteen (15) days from the
date it was submitted for decision but in no case not later than sixty (60) days before election.
36. Sectors to be represented by party-list, classified.
Atong Paglaum v. Comelec
37. Nature of constitutional and statutory enumeration of sectors.
Ang Ladlad v. Comelec
38. Nature of list of nominees.
BA-RA 7941 v. Comelec
39. Vacancy in the Senate or HOR, how filled.
13
SECTION 9. In case of vacancy in the Senate or in the House of Representatives, a special election may
be called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the House of
Representatives thus elected shall serve only for the unexpired term. (Article VI, Constitution)
Sec. 22. Special election for Members of the Batasang Pambansa. - In case a vacancy arises in the
Batasang Pambansa eighteen months or more before a regular election, the Commission shall call a
special election to be held within sixty days after the vacancy occurs to elect the Member to serve the
unexpired term.
The Batasang Pambansa through a duly approved resolution or an official communication of the Speaker
when it is not in session shall certify to the Commission the existence of said vacancy. (Omnibus Election
Code, Art. III)
RA 6645
Section 1. In case a vacancy arises in the Senate at least eighteen (18) months or in the House of
Representatives at least (1) year before the next regular election for Members of Congress, the
Commission on Elections, upon receipt of a resolution of the Senate or the House of Representatives, as
the case may be, certifying to the existence of such vacancy and calling for a special election, shall hold a
special election to fill such vacancy.f Congress is in recess, an official communication on the existence of
the vacancy and call for a special election by the President of the Senate or by the Speaker of the House
of Representatives, as the case may be, shall be sufficient for such purpose. The Senator or Member of
the House of Representatives thus elected shall serve only for the unexpired term.
Section 2. The Commission on Elections shall fix the date of the special election, which shall not be earlier
than forty-five (45) days not later than ninety (90) days from the date of such resolution or communication,
stating among other things the office or offices to be voted for: provided, however, that if within the said
period a general election is scheduled to be held, the special election shall be held simultaneously with
such general election.
RA 7166
Section 4. Postponement, Failure of Election and Special Elections. - The postponement, declaration of
failure of election and the calling of special elections as provided in Sections 5, 6 and 7 of the Omnibus
Election Code shall be decided by the Commission sitting en banc by a majority vote of its members. The
causes for the declaration of a failure of election may occur before or after the casting of votes or on the
day of the election.
In case a permanent vacancy shall occur in the Senate or House of Representatives at least one (1) year
before the expiration of the term, the Commission shall call and hold a special election to fill the vacancy
not earlier than sixty (60) days nor longer than ninety (90) days after the occurrence of the vacancy.
However, in case of such vacancy in the Senate, the special election shall be held simultaneously with the
succeeding regular election.
40. Elective local officials, term of office and term limit.
Constitution
SECTION 8. The term of office of elective local officials, except barangay officials, which shall be
determined by law, shall be three years and no such official 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.
Section 43. Term of Office. (a) The term of office of all local elective officials elected after the effectivity of this Code shall be three
(3) years, starting from noon of June 30, 1992 or such date as may be provided for by law, except that of
elective barangay officials: Provided, That all local officials first elected during the local elections
immediately following the ratification of the 1987 Constitution shall serve until noon of June 30, 1992.
14
(b) No local elective official shall serve for more than three (3) consecutive terms in the same position.
Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the
continuity of service for the full term for which the elective official concerned was elected.
(c) The term of office of barangay officials and members of the sangguniang kabataan shall be for
three (3) years, which shall begin after the regular election of barangay officials on the second Monday of
May 1994.
David v. Comelec
41. Elective local officials, qualifications.
Section 39. Qualifications. (a) An elective local official must be a citizen of the Philippines; a registered voter in the barangay,
municipality, city, or province or, in the case of a member of the sangguniang panlalawigan, sangguniang
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.
(b) Candidates for the position of governor, vice-governor, or member of the sangguniang panlalawigan, or
mayor, vice-mayor or member of the sangguniang panlungsod of highly urbanized cities must be at least
twenty-one (21) years of age on election day.
(c) 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.
(d) Candidates for the position of member of the sangguniang panlungsod or sangguniang bayan must be
at least eighteen (18) years of age on election day.
(e) Candidates for the position of punong barangay or member of the sangguniang barangay must be at
least eighteen (18) years of age on election day.
(f) Candidates for the sangguniang kabataan must be at least fifteen (15) years of age but not more than
twenty-one (21) years of age on election day.
RA 9164
Section 7. Section 428 of Republic Act No. 7160, otherwise known as the Local Government Code of
1991, is hereby amended to read as follows:
"Sec. 428. Qualifications. An elective official of the sangguniang kabataan must be a Filipino citizen, a
qualified voter of the katipunan ng kabataan, a resident of the barangay for at least one (1) year
immediately prior to election, at least fifteen (15) years but less than eighteen (18) years of age on the day
of the election, able to read and write Filipino, English, or the local dialect, and must not have been
convicted of any crime involving moral turpitude."
Frivaldo v. Comelec
Labo v. Comelec
42. Elective local officials, disqualifications.
Section 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 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;
15
(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.
a)
Dual Citizenship
Constitution, Article IV
SECTION 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by
law.
RA 9225
Valles v. Comelec
Mercado v. Manzano
Labo v. Comelec
Roseller de Guzman v. Comelec
Sobejana-Condon v. Comelec
Macquiling v. Comelec
b) Fugitives from justice.
Marquez v. Comelec
c) Permanent residents in foreign country.
Caasi v. Comelec
Sec. 12. Disqualifications. - Any person who has been declared by competent authority insane or
incompetent, or has been sentenced by final judgment for subversion, insurrection, rebellion or for any
offense for which he has been sentenced to a penalty of more than eighteen months or for a crime
involving moral turpitude, shall be disqualified to be a candidate and to hold any office, unless he has
been given plenary pardon or granted amnesty.
This disqualifications to be a candidate herein provided shall be deemed removed upon the
declaration by competent authority that said insanity or incompetence had been removed or after the
expiration of a period of five years from his service of sentence, unless within the same period he
again becomes disqualified.
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; or (e) violated any of
Sections 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and cc, subparagraph 6, 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.
43. Vacancy in elective local offices, grounds.
44. Vacancy in elective local offices, how filled.
Section 45 (c). In case or permanent vacancy is caused by a sanggunian member who does not belong to
any political party, the local chief executive shall, upon recommendation of the sanggunian concerned,
appoint a qualified person to fill the vacancy.
45. Date of election.
Constitution
16
Section 1. The first elections of Members of the Congress under this Constitution shall be held on the
second Monday of May, 1987.
The first local elections shall be held on a date to be determined by the President, which may be
simultaneous with the election of the Members of the Congress. It shall include the election of all Members
of the city or municipal councils in the Metropolitan Manila area. (Article XVIII)
Section 5. The six-year term of the incumbent President and Vice-President elected in the February 7,
1986 election is, for purposes of synchronization of elections, hereby extended to noon of June 30, 1992.
The first regular elections for the President and Vice-President under this Constitution shall be held on the
second Monday of May, 1992.
Section 42. Date of Election. - Unless otherwise provided by law, the elections for local officials shall be
held every three (3) years on the second Monday of May.
RA 7166
Section 1. Statement of Policy. - It is the policy of the State to synchronize elections so that there shall be
simultaneous regular elections for national and local officials once every three (3) years.
Section 2. Date of Elections. - In accordance with the policy hereinbefore stated, there shall be an election
for President, Vice-President, twenty-four (24) Senators, all elective Members of the House of
Representatives, and all elective provincial, city and municipal officials on the second Monday of May,
1992. Thereafter, the President and Vice-President shall be elected on the same day every six (6) years;
while the Senators, elective Members of the House of Representatives and all elective provincial, city and
municipal officials shall be elected on the same day every three (3) years, except that with respect to
Senators, only twelve (12) shall be elected.
RA 9164
Section 1. Date of Election. There shall be synchronized barangay and sangguniang kabataan elections
which shall be held on July 15, 2002. Subsequent synchronized barangay and sangguniang kabataan
elections shall be held on the last Monday of October and every three (3) years thereafter.
46. Adjustment period of pre-election requirements.
RA 6646
Section 29. Designation of Other Dates for certain Pre-election Acts. - If it should 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 right of suffrage.
RA 8436
Section 28. Designation of other dates for certain pre-election acts. - 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.
Akbayan v. Comelec
47. Nature of Barangay elections.
Sec. 38. Conduct of elections. - The barangay election shall be non-partisan and shall be conducted in an
expeditious and inexpensive manner.
No person who files a certificate of candidacy shall represent or allow himself to be represented as a
candidate of any political party or any other organization; and no political party, political group, political
committee, civic, religious, professional, or other organization or organized group of whatever nature shall
17
intervene in his nomination or in the filing of his certificate of candidacy or give aid or support, directly or
indirectly, material or otherwise favorable to or against his campaign for election: Provided, That this
provision shall not apply to the members of the family of a candidate within the fourth civil degree of
consanguinity or affinity nor to the personal campaign staff of the candidate which shall not be more than
one for every one hundred registered voters in his barangay: Provided, however, That without prejudice to
any liability that may be incurred, no permit to hold a public meeting shall be denied on the ground that the
provisions of this paragraph may or will be violated.
Nothing in this section, however, shall be construed as in any manner affecting or constituting an
impairment of the freedom of individuals to support or oppose any candidate for any barangay office.
Occena v. Comelec
48. Postponement of election, grounds.
Sec. 5. Postponement of election. - When for any serious cause such as violence, terrorism, loss or
destruction of election paraphernalia or records, force majeure, and other analogous causes of such a
nature that the holding of a free, orderly and honest election should become impossible in any political
subdivision, the Commission, motu proprio or upon a verified petition by any interested party, and after due
notice and hearing, whereby all interested parties are afforded equal opportunity to be heard, shall
postpone the election therein to a date which should be reasonably close to the date of the election not
held, suspended or which resulted in a failure to elect but not later than thirty days after the cessation of
the cause for such postponement or suspension of the election or failure to elect.
RA 7166
Section 4. Postponement, Failure of Election and Special Elections. - The postponement, declaration of
failure of election and the calling of special elections as provided in Sections 5, 6 and 7 of the Omnibus
Election Code shall be decided by the Commission sitting en banc by a majority vote of its members. The
causes for the declaration of a failure of election may occur before or after the casting of votes or on the
day of the election.
In case a permanent vacancy shall occur in the Senate or House of Representatives at least one (1) year
before the expiration of the term, the Commission shall call and hold a special election to fill the vacancy
not earlier than sixty (60) days nor longer than ninety (90) days after the occurrence of the vacancy.
However, in case of such vacancy in the Senate, the special election shall be held simultaneously with the
succeeding regular election.
RA 6679
Section 2. When for any serious cause such as rebellion, insurrection, violence, terrorism, loss or
destruction of election paraphernalia, and any analogous causes of such nature that the holding of a free,
orderly and honest election should become impossible in any barangay, the Commission on Elections
motu propio or upon sworn petition of ten (10) registered voters of a barangay, after summary proceedings
of the existence of such grounds, shall suspend or postpone the election therein to a date reasonably
close to the date of the election that is not held or is suspended or postponed, or which resulted in a failure
to elect, but not later than thirty (30) days after the cessation of the cause for such suspension or
postponement of the election or failure to elect, and in all cases not later than ninety (90) days from the
date of the original election.
Montesclaros v. Comelec
a) Postponement of election, jurisdiction.
Benito v. Comelec
Sumbing v. Davide
Basher v. Comelec
49. Failure of election, grounds.
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Sec. 6. Failure of election. - If, on account of force majeure, violence, terrorism, fraud, or other analogous
causes the election in any polling place has not been held on the date fixed, or had been suspended
before the hour fixed by law for the closing of the voting, or after the voting and during the preparation and
the transmission of the election returns or in the custody or canvass thereof, such election results in a
failure to elect, and in any of such cases the failure or suspension of election would affect the result of the
election, the Commission shall, on the basis of a verified petition by any interested party and after due
notice and hearing, call for the holding or continuation of the election not held, suspended or which
resulted in a failure to elect on a date reasonably close to the date of the election not held, suspended or
which resulted in a failure to elect but not later than thirty days after the cessation of the cause of such
postponement or suspension of the election or failure to elect.
RA 7166, Section 4
Mitmug v. Comelec
Canicosa
Batabor v. Comelec
Sardea v. Comelec
a) Declaration of failure of election, jurisdiction.
Benito v. Comelec
Loong v. Comelec
Carlos v. Angeles
50. Postponement or failure of election in Barangay elections, grounds.
Sec. 45. Postponement or failure of election. - When for any serious cause such as violence, terrorism,
loss or destruction of election paraphernalia or records, force majeure, and other analogous causes of
such nature that the holding of a free, orderly and honest election should become impossible in any
barangay, the Commission, upon a verified petition of an interested party and after due notice and hearing
at which the interested parties are given equal opportunity to be heard, shall postpone the election therein
for such time as it may deem necessary.
If, on account of force majeure, violence, terrorism, fraud or other analogous causes, the election in any
barangay has not been held on the date herein fixed or has been suspended before the hour fixed by law
for the closing of the voting therein and such failure or suspension of election would affect the result of the
election, the Commission, on the basis of a verified petition of an interested party, and after due notice and
hearing, at which the interested parties are given equal opportunity to be heard shall call for the holding or
continuation of the election within thirty days after it shall have verified and found that the cause or causes
for which the election has been postponed or suspended have ceased to exist or upon petition of at least
thirty percent of the registered voters in the barangay concerned.
When the conditions in these areas warrant, upon verification by the Commission, or upon petition of at
least thirty percent of the registered voters in the barangay concerned, it shall order the holding of the
barangay election which was postponed or suspended.
51. Special election.
Constitution
Section 9. In case of vacancy in the Senate or in the House of Representatives, a special election may be
called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the House of
Representatives thus elected shall serve only for the unexpired term. (Article VI)
Sec. 7. Call of special election. - (1) In case a vacancy arises in the Batasang Pambansa eighteen months
or more before a regular election, the Commission shall call a special election to be held within sixty days
after the vacancy occurs to elect the Member to serve the unexpired term.
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(2) In case of the dissolution of the Batasang Pambansa, the President shall call an election which shall
not be held earlier than forty-five nor later than sixty days from the date of such dissolution.
The Commission shall send sufficient copies of its resolution for the holding of the election to its provincial
election supervisors and election registrars for dissemination, who shall post copies thereof in at least
three conspicuous places preferably where public meetings are held in each city or municipality affected.
RA 7166, Section 4
a) Fixing date of special election
Pangandaman v. Comelec
b) Notice of special election.
Hassan v. Comelec
Tolentino v. Comelec
52. Special election after failure of election
Omnibus Election Code, Section 6
RA 7166, Section 4
a) Special election after failure of election, requisites.
Lucero v. Comelec
53. Calling of special election, jurisdiction.
Benito v. Comelec
Part II: SUFFRAGE
1. Suffrage, defined.
Nolasco v. Comelec
People v. San Juan
2. Constitutional basis.
Constitution
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.
Section 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well
as a system for absentee voting by qualified Filipinos abroad.
The Congress shall also design a procedure for the disabled and the illiterates to vote without the
assistance of other persons. Until then, they shall be allowed to vote under existing laws and such rules as
the Commission on Elections may promulgate to protect the secrecy of the ballot. (Article V)
3. Nature of suffrage.
1973 Constitution
Section 4. It shall be the obligation of every citizen qualified to vote to register and cast his vote. (Article V)
Sec. 4. Obligation to register and vote. - It shall be the obligation of every citizen qualified to vote to
register and cast his vote.
Sec. 261. (y) On Registration of Voters:chanroblesvirtuallawlibrary
(1) Any person who, having all the qualifications and none of the disqualifications of a voter, fails without
justifiable excuse to register as a voter in an election, plebiscite or referendum in which he is qualified to
vote.
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Sec. 264. Penalties. - Any person found guilty of any election offense under this Code shall be punished
with imprisonment of not less than one year but not more than six years and shall not be subject to
probation. In addition, the guilty party shall be sentenced to suffer disqualification to hold public office and
deprivation of the right of suffrage. If he is a foreigner, he shall be sentenced to deportation which shall be
enforced after the prison term has been served. Any political party found guilty shall be sentenced to pay a
fine of not less than ten thousand pesos, which shall be imposed upon such party after criminal action has
been instituted in which their corresponding officials have been found guilty.
In case of prisoner or prisoners illegally released from any penitentiary or jail during the prohibited period
as provided in Section 261, paragraph (n) of this Code, the director of prisons, provincial warden, keeper
of the jail or prison, or persons who are required by law to keep said prisoner in their custody shall, if
convicted by a competent court, be sentenced to suffer the penalty of prision mayor in its maximum period
if the prisoner or prisoners so illegally released commit any act of intimidation, terrorism of interference in
the election.
Any person found guilty of the offense of failure to register or failure to vote shall, upon conviction, be fined
one hundred pesos. In addition, he shall suffer disqualification to run for public office in the next
succeeding election following his conviction or be appointed to a public office for a period of one year
following his conviction.
1987 Constitution, Article V, Section 1
4. Suffrage for overseas absentee voters.
RA 9189
Sec. 5. Disqualifications. The following shall be disqualified from voting under this Act:
(4) An immigrant or a permanent resident who is recognized as such in the host country, unless he/she
executes, upon registration, an affidavit prepared for the purpose by the Commission declaring that he/she
shall resume actual physical permanent residence in the Philippines not later than three (3) years from
approval of his/her registration under this Act. Such affidavit shall also state that he/she has not applied for
citizenship in another country. Failure to return shall be the cause for the removal of the name of the
immigrant or permanent resident from the National Registry of Absentee Voters and his/her permanent
disqualification to vote in absentia.
Macalintal v. Comelec
5. Suffrage for local absentee voters.
EO 157
- PROVIDING FOR ABSENTEE VOTING BY OFFICERS AND EMPLOYEES OF GOVERNMENT
WHO ARE AWAY FROM THE PLACE OF THEIR REGISTRATION BY REASON OF OFFICIAL
FUNCTIONS ON ELECTION DAY
Sec. 169. Voting privilege of members of board of election inspectors. - Members of the board of election
inspectors and their substitutes may vote in the polling place where they are assigned on election day:
Provided, That they are registered voters within the province, city or municipality where they are assigned:
and Provided, finally, That their voting in the polling places where they are not registered voters be noted
in the minutes of the board of election inspectors.
RA 7166
Section 12. Absentee Voting. - Absentee voting as provided for in Executive Order No. 157 dated March
30, 1987 shall apply to the elections for President, Vice-President and Senators only and shall be limited to
members of the Armed Forces of the Philippines and the Philippine National Police and other government
officers and employees who are duly registered voters and who, on election day, may temporarily be
assigned in connection with the performance of election duties to place where they are not registered
voters.
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RA 10380: AN ACT PROVIDING FOR LOCAL ABSENTEE VOTING FOR MEDIA

SEC. 2. Local Absentee Voting for Members of Media. The Commission on Elections shall extend the
right to vote under the local absentee voting system provided under existing laws and executive orders to
members of media, media practitioners, including the technical and support staff, who are duly registered
voters and who, on election day, may not be able to vote due to the performance of their functions in
covering and reporting on the elections: Provided, That they shall be allowed to vote only for the positions
of President, Vice President, Senators and Party-List Representative.
6. Suffrage for disabled and illiterate voters.
Constitution, Article V, Section 2
RA 10366
SEC. 11. Assistance in the Accomplishment of the Ballot. A person with disability or senior citizen who is
illiterate or physically unable to prepare the ballot by himself or herself may be assisted in the preparation
of his or her ballot by a relative by consanguinity or affinity within the fourth civil degree, or if he or she has
none, by any person of his or her confidence who belongs to the same household, or by any member of
the BEls. For this purpose, the person who usually assists the person with disability or senior citizen, such
as a personal assistant, a caregiver or a nurse shall be considered a member of his or her household:
Provided,That no voter shall be allowed to have an assistor on the basis of illiteracy or physical disability
unless it is so indicated in his or her registration record. Nevertheless, if the physical inability to prepare
the ballot is manifest, obvious, or visible, said voter shall be allowed to be assisted in accomplishing the
ballot by a qualified assistor, even if not stated or indicated in the registration record:Provided, further, That
the assistor must be of voting age.
The assistor shall hind himself or herself in a formal document under oath to fill out the ballot strictly in
accordance with the instructions of the voter and not to reveal the contents of the ballot prepared by him or
her, and shall prepare the ballot for the voter inside the voting booth. Except for the members of the BEIs,
no assistor can assist for more than three (3) times. Any violation of this provision shall constitute an
election offense punishable under Section 262 of the Omnibus Election Code.
RA 8189
Section 14. Illiterate or Disabled Applicants. Any illiterate person may register with the assistance of the
Election Officer or any member of an accredited citizens arms. The Election Officer shall place such
illiterate person under oath, ask him the questions, and record the answers given in order to accomplish
the application form in the presence of the majority of the members of the Board. The Election Officer or
any member of an accredited citizens arm shall read the accomplished form aloud to the person assisted
and ask him if the information given is true and correct The accomplished form shall be subscribed by the
applicant in the presence of the Board by means of thumbmark or some other customary mark and it shall
be subscribed and attested by the majority of the members of the Board.
The attestation shall state the name of the person assisted, the name of the Election Officer or the
member of the accredited citizens arm who assisted the applicant, the fact that the Election Officer placed
the applicant under oath, that the Election Officer or the member of the accredited citizens arm who
assisted the applicant read the accomplished form to the person assisted, and that the person assisted
affirmed its truth and accuracy, by placing his thumbmark or some other customary mark on the application
in the presence of the Board.
The application for registration of a physically disabled person may be prepared by any relative within the
fourth civil degree of consanguinity or affinity or by the Election Officer or any member of an accredited
citizens arm using the data supplied by the applicant. The fact of illiteracy or disability shall be so indicated
in the application.
7. Voters registration, defined.
RA 8189
Section 3.
a) Registration refers to the act of accomplishing and filing of a sworn application for registration by a
qualified voter before the election officer of the city or municipality wherein he resides and including the
22
same in the book of registered voters upon approval by the Election Registration Board
g) Election Registration Board refers to the body constituted herein to act on all applications for registration
Section 15. Election Registration Board.There shall be in each city and municipality as many as Election
Registration Boards as there are election officers therein. In thickly populated cities/municipalities, the
Commission may appoint additional election officers for such duration as may be necessary.
The Board shall be composed of the Election Officer as chairman and as members, the public school
official most senior in rank and the local civil registrar, or in this absence, the city or municipal treasurer.
In case of disqualification of the Election Officer, the Commission shall designate an acting Election Officer
who shall serve as Chairman of the Election Registration Board. In case of disqualification or nonavailability of the Local Registrar or the Municipal Treasurer, the Commission shall designate any other
appointive civil service official from the same locality as substitute.
No member of the Board shall be related to each other or to any incumbent city or municipal elective
official within the fourth civil degree of consanguinity or affinity. If in succeeding elections, any of the newly
elected city or municipal officials is related to a member of the board within the fourth civil degree of
consanguinity or affinity, such member is automatically disqualified to preserve the integrity of the Election
Registration Board.
Every registered party and such organizations as may be authorized by the Commission shall be entitled
to a watcher in every registration board.
Section 20. Approval and Disapproval of Application. The Election Officer shall submit to the Board all
applications for registration filed, together with the evidence received in connection therewith. The Board
shall, by majority vote, approve or disapprove the applications.
Upon approval, the Election Officer shall assign a voters identification number and issue the corresponding
identification card to the registered voter. If the Board disapproves the application, the applicant shall be
furnished with a certificate of disapproval stating the ground therefor. In cases of approval or disapproval,
any aggrieved party may file a petition for exclusion or inclusion, as the case may be, with the proper
Municipal or Metropolitan Trial Court as provided for in this Act.
Yra v. Abano
8. System of continuing registration.
RA 8189
Section 8. System of Continuing Registration of Voters. The personal filing of application of registration of
voters shall be conducted daily in the office of the Election Officer during regular office hours. 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.
a) Period of registration.
Akbayan-Youth v. Comelec
Kabataan Party List v. Comelec
9. Registration, jurisdiction.
RA 8189, Section 15
10. Registration, qualifications, disqualifications, procedure.
Constitution, Article V, Section 1
Sec. 118. Disqualifications. - The following shall be disqualified from voting:chanroblesvirtuallawlibrary
(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 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,
23
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 years after service of sentence.
RA 8189
Section 9. Who may Register. All citizens of the Philippines not otherwise disqualified by law who are at
least eighteen (18) years of age, and who shall have resided in the Philippines for at least one (1) year,
and in the place wherein they propose to vote, for at least six (6) months immediately preceding the
election, may register as a voter.
Any person who temporarily resides in another city, municipality or country solely by reason of his
occupation, profession, employment in private or public service, educational activities, work in the military
or naval reservations within the Philippines, service in the Armed Forces of the Philippines, the National
Police Forces, or confinement or detention in government institutions in accordance with law, shall not be
deemed to have lost his original residence.
Any person, who, on the day of registration may not have reached the required age or period of residence
but, who, on the day of the election shall possess such qualifications, may register as a voter.
Section 10. Registration of Voters. A qualified voter shall be registered in the permanent list of voters in a
precinct of the city or municipality wherein he resides to be able to vote in any election. To register as a
voter, he shall personally accomplish an application form for registration as prescribed by the Commission
in three (3) copies before the Election Officer on any date during office hours after having acquired the
qualifications of a voter.
The application shall contain the following data:
a) Name, surname, middle name, and/or maternal surname;
b) Sex;
c) Date, and place of birth;
d) Citizenship;
e) Civil status, if married, name of spouse;
f) Profession, occupation or work;
g) Periods of residence in the Philippines and in the place of registration;
h) Exact address with the name of the street and house number for location in the precinct maps
maintained by the local office of the Commission, or in case there is none, a brief description of his
residence, sitio, and barangay;
i) A statement that the applicant possesses all the qualifications of a voter;
j) A statement that the applicant is not a registered voter of any precinct; and
k) Such information or data as may be required by the Commission.
The application for registration shall contain three (3) specimen signatures of the applicant, clear and
legible rolled prints of his left and right thumbprints, with four (4) identification size copies of his latest
photograph, attached thereto, to be taken at the expense of the Commission.
Before the applicant accomplishes his application for registration, the Election Officer shall inform him of
the qualifications and disqualifications prescribed by law for a voter, and thereafter, see to it that the
accomplished application contains all the data therein required and that the applicants specimen
signatures, fingerprints, and photographs are properly affixed in all copies of the voters application.
Section 11. Disqualification. The following shall be disqualified from registering:
a) Any person who has been sentenced by final judgment to suffer imprisonment of not less than one (1)
year, such disability not having been removed by plenary pardon or 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 a competent court or tribunal of having
committed any crime involving disloyalty to the duly constituted government such as rebellion, sedition,
violation of the 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 automatically reacquire the right to vote
upon expiration of five (5) years after service of sentence; and
24
c) Insane or incompetent persons declared as such by competent authority unless subsequently declared
by proper authority that such person is no longer insane or incompetent.
Section 12. Change of Residence to Another City or Municipality. Any registered voter who has transferred
residence to another city or municipality may apply with the Election Officer of his new residence for the
transfer of his registration records.
The application for transfer of registration shall be subject to the requirements of notice and hearing and
the approval of the Election Registration Board, in accordance with this Act. Upon approval of the
application for transfer, and after notice of such approval to the Election Officer of the former residence of
the voter, said Election Officer shall transmit by registered mail the voters registration record to the
Election Officer of the voters new residence.
Section 13. Change of Address in the Same City or Municipality. Any voter who has changed his address
in the same city or municipality shall immediately notify the Election Officer in writing. If the change of
address involves a change in precinct, the Board shall transfer his registration record to the precinct book
of voters of his new precinct and notify the voter of his new precinct All changes of address shall be
reported to the office of the provincial election supervisor and the Commission in Manila.
Section 14. Illiterate or Disabled Applicants. Any illiterate person may register with the assistance of the
Election Officer or any member of an accredited citizens arms. The Election Officer shall place such
illiterate person under oath, ask him the questions, and record the answers given in order to accomplish
the application form in the presence of the majority of the members of the Board. The Election Officer or
any member of an accredited citizens arm shall read the accomplished form aloud to the person assisted
and ask him if the information given is true and correct The accomplished form shall be subscribed by the
applicant in the presence of the Board by means of thumbmark or some other customary mark and it shall
be subscribed and attested by the majority of the members of the Board.
The attestation shall state the name of the person assisted, the name of the Election Officer or the
member of the accredited citizens arm who assisted the applicant, the fact that the Election Officer placed
the applicant under oath, that the Election Officer or the member of the accredited citizens arm who
assisted the applicant read the accomplished form to the person assisted, and that the person assisted
affirmed its truth and accuracy, by placing his thumbmark or some other customary mark on the application
in the presence of the Board.
The application for registration of a physically disabled person may be prepared by any relative within the
fourth civil degree of consanguinity or affinity or by the Election Officer or any member of an accredited
citizens arm using the data supplied by the applicant. The fact of illiteracy or disability shall be so indicated
in the application.
a) Residence
Romualdez v. RTC
11. Deactivation, reactivation and cancellation of registration.
RA 8189
Section 27. Deactivation of Registration. The board shall deactivate the registration and remove the
registration records of the following persons from the corresponding precinct book of voters and place the
same, properly marked and dated in indelible ink, in the inactive file after entering the cause or causes of
deactivation:
a) Any person who has been sentenced by final judgment to suffer imprisonment for not less than one (1)
year, such disability not having been removed by plenary pardon or 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 as certified by the clerks of courts of the
Municipal/Municipal Circuit/Metropolitan/Regional Trial Courts and the Sandiganbayan;
b) Any person who has been adjudged by final judgment by a competent court or tribunal of having
caused/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
25
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) Any person declared by competent authority to be insane or incompetent unless such disqualification
has been subsequently removed by a declaration of a proper authority that such person is no longer
insane or incompetent;
d) Any person who did not vote in the two (2) successive preceding regular elections as shown by their
voting records. For this purpose, regular elections do not include the Sangguniang Kabataan (SK)
elections;
e) Any person whose registration has been ordered excluded by the Court; and
f) Any person who has lost his Filipino citizenship.
For this purpose, the clerks of court for the Municipal/Municipal Circuit/Metropolitan/Regional Trial Courts
and the Sandiganbayan shall furnish the Election Officer of the city or municipality concerned at the end of
each month a certified list of persons who are disqualified under paragraph (a) hereof, with their
addresses. The Commission may request a certified list of persons who have lost their Filipino Citizenship
or declared as insane or incompetent with their addresses from other government agencies.
The Election Officer shall post in the bulletin board of his office a certified list of those persons whose
registration were deactivated and the reasons therefor, and furnish copies thereof to the local heads of
political parties, the national central file, provincial file, and the voter concerned.
Section 28. Reactivation of Registration. Any voter whose registration has been deactivated pursuant to
the preceding Section may file with the Election Officer a sworn application for reactivation of his
registration in the form of an affidavit stating that the grounds for the deactivation no longer exist any time
but not later than one hundred twenty (120) days before a regular election and ninety (90) days before a
special election.
The Election Officer shall submit said application to the Election Registration Board for appropriate action.
In case the application is approved, the Election Officer shall retrieve the registration record from the
inactive file and include the same in the corresponding precinct book of voters. Local heads or
representatives of political parties shall be properly notified on approved applications.
Section 29. Cancellation of Registration. The Board shall cancel the registration records of those who have
died as certified by the Local Civil Registrar. The Local Civil Registrar shall submit each month a certified
list of persons who died during the previous month to the Election Officer of the place where the deceased
are registered. In the absence of information concerning the place where the deceased is registered, the
list shall be sent to the Election Officer of the city or municipality of the deceaseds residence as appearing
in his death certificate. In any case, the Local Civil Registrar shall furnish a copy of this list to the national
central file and the proper provincial file.
The Election Officer shall post in the bulletin board of his office a list of those persons who died whose
registrations were cancelled, and furnish copies thereof to the local heads of the political parties, the
national central file, and the provincial file.
RA 10367
Section 7. Deactivation. Voters who fail to submit for validation on or before the last day of filing of
application for registration for purposes of the May 2016 elections shall be deactivated pursuant to this Act.
RA 8189
Section 18. Challenges to Right to Register. Any voter, candidate or representative of a registered political
party may challenge in writing any application for registration, stating the grounds therefor. The challenge
shall be under oath and be attached to the application, together with the proof of notice of hearing to the
challenger and the applicant.
Oppositions to contest a registrants application for inclusion in the voters list must, in all cases, be filed
not later than the second Monday of the month in which the same is scheduled to be heard or processed
by the Election Registration Board. Should the second Monday of the month fall on a non-working holiday,
oppositions may be filed on the next following working day. The hearing on the challenge shall be heard on
the third Monday of the month and the decision shall be rendered before the end of the month.
26
Section 20. Approval and Disapproval of Application. The Election Officer shall submit to the Board all
applications for registration filed, together with the evidence received in connection therewith. The Board
shall, by majority vote, approve or disapprove the applications.
Upon approval, the Election Officer shall assign a voters identification number and issue the corresponding
identification card to the registered voter. If the Board disapproves the application, the applicant shall be
furnished with a certificate of disapproval stating the ground therefor. In cases of approval or disapproval,
any aggrieved party may file a petition for exclusion or inclusion, as the case may be, with the proper
Municipal or Metropolitan Trial Court as provided for in this Act.
Section 32. Common Rules Governing Judicial, Proceedings in the Matter of Inclusion, Exclusion, and
Correction of Names of Voters.
a) Petition for inclusion, exclusion or correction of names of voters shall be filed during office hours;
b) Notice of the place, date and time of the hearing of the petition shall be served upon the members of the
Board and the challenged voter upon filing of the petition. Service of such notice may be made by sending
a copy thereof by personal delivery, by leaving it in the possession of a person of sufficient discretion in the
residence of the challenged voter, or by registered mail. Should the foregoing procedures not be
practicable, the notice shall be posted in the bulletin board of the city or municipal hall and in two (2) other
conspicuous places within the city or municipality;
c) A petition shall refer only to one (1) precinct and implead the Board as respondents;
d) No costs shall be assessed against any party in these proceedings. However, if the court should find
that the application has been filed solely to harass the adverse party and cause him to incur expenses, it
shall order the culpable party to pay the costs and incidental expenses;
e) Any voter, candidate or political party who may be affected by the proceedings may intervene and
present his evidence;
f) The decision shall be based on the evidence presented and in no case rendered upon a stipulation of
facts. If the question is whether or not the 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; and
g) The petition shall be heard and decided within ten (10) days from the date of its filing. Cases appealed
to the Regional Trial Court shall be decided within ten (10) days from receipt of the appeal. In all cases,
the court shall decide these petitions not later than fifteen (15) days before the election and the decision
shall become final and executory.
Section 33. Jurisdiction in Inclusion and Exclusion Case. The Municipal and Metropolitan Trial Courts shall
have original and exclusive jurisdiction over all cases of inclusion and exclusion of voters in their
respective cities or municipalities. Decisions of the Municipal or Metropolitan Trial Courts may be appealed
by the aggrieved party to the Regional Trial Court within five (5) days from receipt of notice thereof.
Otherwise, said decision shall become final and executory. The regional trial court shall decide the appeal
within ten (10) days from the time it is received and the decision shall immediately become final and
executory. No motion for reconsideration shall be entertained.
Section 34. Petition for Inclusion of Voters in the List. Any person whose application for registration has
been disapproved by the Board or whose name has been stricken out from the list may file with the court a
petition to include his name in the permanent list of voters in his precinct at any time except one hundred
five (105) days prior to a regular election or seventy-five (75) days prior to a special election. It shall be
supported by a certificate of disapproval of his application and proof of service of notice of his petition
upon the Board. The petition shall be decided within fifteen (15) days after its filing.
If the decision is for the inclusion of voters in the permanent list of voters, the Board shall place the
application for registration previously disapproved in the corresponding book of voters and indicate in the
application for registration the date of the order of inclusion and the court which issued the same.
12. Inclusion and exclusion proceedings.
RA 8189
Section 24. National Central File.There shall be a national central file under the custody of the
27
Commission in Manila consisting of the third copies of all approved voter registration records in each city
or municipality. It shall be compiled by precinct in each city/municipality and arranged alphabetically by
surname so as to make the file a replica of the book of voters in the possession of the Election Officer.
Thereafter a national list shall be prepared following the alphabetical arrangements of surnames of voters.
There shall be a national file consisting of the computerized voters list (CVL), both in print and in diskette,
submitted by the Election Officers in each city and municipality concerned, under the custody of the
Commission in Manila.
The computerized voters list shall make use of a single and uniform computer program that will have a
detailed sorting capability to list voters alphabetically by the precincts where they vote, by the barangays,
municipalities, cities or provinces where they reside and by their voters identification number (VIN).
Constitution
C. Section 2 (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. (Article IX)
Pungutan v. Abubakar
Domino v. Comelec
13. Nature of voters registration records.
RA 8189
Section 39. Annulment at Book of Voters. The Commission shall, upon verified petition of any voter or
election officer or duly registered political party, and after notice and hearing, annul any book of voters that
is not prepared in accordance with the provisions of this Act or was prepared through fraud, bribery,
forgery, impersonation, intimidation, force or any similar irregularity, or which contains data that are
statistically improbable. No order, ruling or decision annulling a book of voters shall be executed within
ninety (90) days before an election.
RA 10367
Section 9. Database Security. The database generated by biometric registration shall be secured by the
Commission and shall not be used, under any circumstance, for any purpose other than for electoral
exercises.
Comelec Minute Res. No. 13-1132, Oct. 17, 2013
14. Annulment of list of voters.
RA 8189
Ututalum v. Comelec
Sarangani v. Comelec
28

Election Laws Premid Atty. Gujilde

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Election Laws Premid Atty. Gujilde

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Charm Tan AY 2015-2016

Election defined under jurisprudence.

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Special Election to fill our vacancy

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Local Government Code

COMELEC Res. No. 9982 (August 18, 2015 as amended)

9. President, how elected, term of office and term limit.

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President term limit

10. Vice President and Vice-Mayor

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Natural-born Filipino, defined

Residence requirement, rationale

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14. Presidential and vice-presidential tie, how broken

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voters of the Philippines, as may be provided by law. (Article VI, Constitution)

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Omnibus Election Code

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Number of Party-list (see own notes)

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(e) Fugitives from justice in criminal or non-political cases here or abroad;

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RA 10380: AN ACT PROVIDING FOR LOCAL ABSENTEE VOTING FOR MEDIA

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