Election Law Reviewer: Election: Introduction and History

Election Law Reviewer
ELECTION: INTRODUCTION
AND HISTORY
Chapter 1
Suffrage the right to vote in the election of officers

chosen by the people and in determination of
questions submitted to the people; it includes
election, plebiscite, initiative and referendum.
Nature of Suffrage:
1. Mere privilege- Not a natural right of the
citizens but a mere privilege to be given or
withheld by the lawmaking power subject to
constitutional limitations.
2. Political Right- enabling citizens to
participate in the process of government to
assure that it derives its power from the
consent of the governed.
Voting the act or exercise of ones right to suffrage
Election 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 government.
Kinds:
1. Regular one provided by law for election of
officers either nationwide or in certain
subdivisions thereof, after expiration of the full
term of the former members; participated in by
those who possess the right of suffrage, are not
otherwise disqualified by law, and who are
registered voters.
The SK election is not a regular election
because the latter is participated in by youth
with ages ranging from 15-21 (now 15-18 per
R.A. 9164), some of whom are not qualified
voters to elect local or national elective
officials (Paras v. COMELEC).
2. Special one held to fill any vacancy in an office
before the expiration of the full term for which the
incumbent was elected.
1
Plebiscite the electoral process by which an
initiative on the Constitution is approved or rejected
by the people; it also the means by which the voters
in affected areas consent or object to the change in
the form of local government.
Initiative the power of the people to propose
amendments to the Constitution or to propose and
enact legislations through an election called for the
purpose.
Referendum the power of the electorate to approve
or reject legislation through an election called for the
purpose.
Recall a mode of removal of a local elective official
by the people before the end of his term of office.
Theory on Suffrage prevailing in the Philippines:
Suffrage is both a right and a privilege. It is a right
because it is the expression of the sovereign will of
the people. It is a privilege because its exercise is
granted not to everybody but to the persons or class
of persons as are most likely to exercise it for the
purpose of the public good.
System of Election Adopted in the Philippines:
Since 1901, the Australian system, first conceived by
Francis Dutton, a member of the Legislature of South
Australia. The distinguishing feature of the system is
STRICT SECRECY IN BALLOTING.
Election Period: Unless otherwise fixed by the
Commission in special cases, the election period
shall commence ninety days before the day of
election and shall end thirty days thereafter (Sec. 9,
Art. IX-C, 1987 Constitution).
Campaign Period:
3. Presidential and Vice Presidential Election 90
days;
4. Election of Members of Congress and Local
Election 45 days; and Barangay Election 15
days
4. Special Election under Art. VIII, Sec. 5,
Subsection (2) of the Constitution 45 days.
Written and Edited by: APAYA, Edrian and DAVID, Jose Angelo. REFERENCES: Relevant laws, jurisprudence and San Beda Law BarOps Memory Aid.
Please notify the author/s concerned for corrections, suggestions and comments.
The campaign periods shall not include the day

before and the day of the election (Sec. 3, B.P.
881).
History of Election
1. 1897 Biak na Bato Constitution
No suffrage
2. 1899 Malolos Constitution
No suffrage
3. 1935 Constitution
-Suffrage is limited to male citizens, 21
years of age, and able to read and write.
-Suffrage for women is subject to
plebiscite of 300,000 women.
-suffrage is mandatory. Failure to register
is an election offense.
THE COMMISSION ON ELECTIONS

Chapter 2
Jurisdiction
General Rule: The COMELEC sitting en banc does
NOT have the requisite authority to hear and decide
election cases in the first instance. This power
pertains to the divisions of the Commission. Any
decision by the Commission en banc as regards
election cases decided by it in the first instance is null
and void (Abad v. COMELEC)
Exceptions:
1. When what is involved in the case is purely
administrative, and not quasi-judicial in nature;
2. When the required number of votes to reach a
decision, resolution, order or ruling is not
obtained in the division (Garvida v. Sales, Jr.)
3. Where the petitioner invoked the jurisdiction of
the COMELEC en banc, participated in its
proceedings and sought relief therefrom, in which
instance he is estopped to subsequently question
the jurisdiction of the COMELEC en banc
(Ramirez v. COMELEC);
4. Petitions for the postponement, declaration of

failure of election and the calling of special
elections (Loong v. COMELEC); and
5. The COMELEC en banc has the power to
prosecute election cases, and in the exercise of
such prosecutory power, it conducts preliminary
investigation, decides whether or not there exists
a probable cause and files the corresponding
information in court. (Faelnar v. People).
Powers and Functions:
1. Enforcement and Administration of Election Laws
and Regulations
2. Power to ensure free, honest, orderly credible
and peaceful elections.
3. Rule Making Power
4. Quasi-Legislative Functions
5. Quasi-Judicial Power
6. Contempt and Subpoena
7. Auxiliary writs and processes
8. Specific Powers
a. Power to declare failure of elections
Two conditions must concur before the
COMELEC can act on a petition seeking
to declare a failure of elections:
i. No voting took place in the precinct
or precincts on the date fixed by law,
or even if there was voting, the
election resulted in failure to elect;
and
ii. The votes not cast would have
affected the result of the elections.
(Dibratun v. Comelec)
*The cause of such failure of election
could only be any of the following:
force majeure, violence, terrorism,
fraud, or other analogous cases.
b. Power to call for special elections
In fixing the date for special elections,
the Comelec should see to it that:
i. It should not be later than 30 days
after the cessation of the cause of
the postponement or suspension of
the election or failure to elect; and
That in all things, God may be glorified!

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ii.
It should be reasonably close to the

date of the election not held,
suspended or which resulted in the
failure to elect. (Pangandaman v.
Comelec)
c. Power to postpone elections

d. Power to correct manifest errors in election
documents
With the introduction of the PCOS
System pursuant to R.A. 9369, every
copy should be as good and as clear as
the first one. Hence, the problem of
manifest errors might be a thing in the
past. (R. Avila, Fundamentals of Election
Law, p. 59 (2010))
e. Power to order recanvass of votes
f. Power to annul or suspend proclamation of
elected candidates
g. Power to annul an illegal canvass
h. Power to transfer polling places
i. Power to Transfer Venue of Canvassing of
Votes
j. Power to order opening of ballot boxes
k. Power to conduct initiative and plebiscite
9. Other Specific Powers
a. Deputization of Peace Officers
b. Investigatory and Prosecutorial Power
c. Deputization of or Endorsement
Prosecutors
to
10. Power of exclusive control and supervision over

the Automated Election System (Sec. 26, RA
8436)
Stand-by Power of COMELEC: If it shall no
longer be reasonably possible to observe the
periods and dates prescribed by law for certain
pre-election acts, the Commission shall fix other
periods and dates in order to ensure
accomplishment of the activities so voters shall
not be deprived of their suffrage (Sec. 28, R.A.
8436 & Sec. 29 of R.A. 6646, adopted pursuant
to Sec. 9, Art. IX-C of the 1987 Constitution).
This stand-by power, however, does not apply to

fixing the date of registration of votes because
Sec. 8 of R.A. 8189, which provides for a
continuing registration of voters, specifically
states that: No registration shall, however, be
conducted during the period starting one hundred
twenty (120) days before a regular election and
ninety (90) days before a special election.
Powers NOT Granted to the COMELEC:
1. No power to decide questions involving the right
to vote
2. No power to include and exclude voters
Currently, jurisdiction to decide controversies on
inclusion or exclusion of voters belongs to the
Municipal Trial Court.
History of COMELEC
COMELEC was organized under CA No. 607
enacted on August 22, 1940.
The power to enforce the election laws was
originally vested in the president and
exercised through the Department of Interior.
COMELEC was then transformed to a
Constitutional Body by virtue of the 1940
amendments to the 1935 Constitution which
took effect on December 2, 1940.
1973 Constitution broadened the powers of
the COMELEC by making it the sole judge of
all election contests relating to election
returns, and qualifications of members of the
national legislature and elective provincial
and city officials.
The 1987 Constitution grants the COMELEC
the exclusive original jurisdiction to enforce
and administer all laws and regulations
relative to the conduct of elections,
plebiscites, initiative, referendum, and
recalls, election contests involving regional,
provincial and city elective officials . (Loong
vs. COMELEC)
1935 Constitution
Composition:
Chairman
and
two
Commissioners
Term: 9 years
1973 Constitution

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Composition:
Chairman
and
Commissioners
Term: 7 years without reappointment
1987 Constitution
Composition:
Chairman
and
Commissioners
Term: 7 years without reappointment
eight
six
Case Digest:
Power of COMELEC
Election for the Office of the Representatives was
held. Because of the alleged irregularity in the
canvassing of votes, COMELEC issued a resolution
to reopen the ballot boxes to obtain judicial remedies
under section 163 of the Revised Election Code.
WON the resolution is valid.
The COMELEC has the power to investigate and act
on the propriety or legality of the canvass of election
returns made by the board of canvassers. Cauton vs.
COMELEC)
_
The Congress enacted R.A. 8436 for the Automation
of Election System. The Automated Machines used
during the election did not properly read the votes
casted. COMELEC issued a minute resolution
ordering a manual count.
WON the resolution is valid.
To continue with the automated count would result in
a grossly erroneous count. The resolution merely
reinforces the collective efforts to endow COMELEC
with enough power to hold free, honest, orderly, and
credible elections. (Loong vs. COMELEC)
Judicial Recount
Election was held; one of the candidates filed a
petition to annul the canvass and proclamation due to
alleged irregularity in the canvassing. The COMELEC
issued a resolution annulling the canvass and
proclamation.
The requisites for judicial recount
1. Appearing to the Board of Canvassers that
discrepancy exists.
2. Discrepancy is between the copy submitted
to the Board and another authentic copy
thereof.
3. Authentic copy must also be submitted to the

Board. (Purisima vs. Salanga)
Exercise of discretion
A coalition of several political parties was awarded
the right to have the minority representation in the
Board of Election Inspectors. Upon the termination of
the coalition, the COMELEC granted the said right to
another political party.
WON the modification is valid.
The COMELEC shall have the discretion to choose
the minority inspector. The modification by the
Commission of its ruling awarding the minority
inspector to another party is a legal exercise of the
discretion vested. (Sumulong vs. COMELEC)
Period in rendering decision
An election case was filed before the COMELEC en
banc. En banc failed to render its decision within 90
days from the date the case was submitted for
decision as mandated by law.
WON the decision is still valid.
The COMELEC has numerous cases before it,
Considering the manpower and logistic limitations, it
is sensible to treat the procedural requirements on
deadlines realistically. (Alvarez vs. COMELEC)
VOTERS AND VOTER

REGISTRATION
Chapters 3 and 4
*Sections 113 to 148 of the Omnibus Election Code

have been repealed or modified to the extent that
they are inconsistent with the provisions of R.A. 8189
or the Voters Registration Act of 1996.
Registration refers to the act of accomplishing and
filing of a sworn application for the registration by a
qualified voter before the election officer of the city or
municipality wherein he resides and including the
same in the book of registered voters upon approval
by the Election Registration Board (R.A. 8189, Sec 3
(a)).
Registration Record an application for registration
duly approved by the Election Registration Board
(R.A 8189, Sec 3 (b)).

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All registration records in a precinct are compiled

in a Book of Voters, which is generally used by
the Board of Election Inspectors for reference in
cases of conflicts and inadequacies in the posted
list of voters.
List of Voters refers to an enumeration of names
of registered voters in a precinct duly certified by the
Election Registration Board for use in the Election
Qualifications for Suffrage:
(Sec. 1, Art. V, Constitution)
1. Filipino citizen;
2. At least 18 years of age;
3. Resident of the Philippines for at least one year;
4. Resident of the place where he proposes to vote
for at least 6 months; and
5. Not otherwise disqualified by law.
It is incumbent upon one who claims Philippine
citizenship to prove to the satisfaction of the court
that he is really a Filipino. No presumption can be
indulged in favor of the claimant of Philippine
citizenship, and any doubt regarding citizenship
must be resolved in favor of the state (Go v.
Ramos)
In election cases, the Court treats domicile and
residence as synonymous terms. Both import 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
when absent for business or pleasure, or for like
reasons, one intends to return (Pundaodaya v
Comelec)
No literacy, property, or other substantive
requirement shall be imposed on the exercise of
suffrage.
There exists no presumption that a person is
entitled to vote and that the burden is in the voter
to prove that he has the qualifications and none
of the disqualifications prescribed by law (U.S. v.
Tria)
Any person who transfers residence to another

city, municipality or country solely by reason of
his occupation; profession; employment in private
or public service; educational activities; work in
military or naval reservations; service in the army,
navy or air force; the constabulary or national
police force; or confinement or detention in
government institutions in accordance with law,
shall be deemed not to have lost his original
residence (Sec. 117, OEC).
Disqualifications:
(Sec. 118, OEC)
1. Person convicted by final judgment to suffer
imprisonment for not less than 1 year, unless
pardoned or granted amnesty; but right is
reacquired upon expiration of 5 years after
service of sentence;
2. Person adjudged by final judgment as having
committed any crime involving disloyalty to
government or any crime against national
security; but right is reacquired upon expiration of
5 years after service of sentence; and
3. Insane or incompetent persons as declared by
competent authority.
Registration of Voters
In order that a qualified elector may vote in any
election, plebiscite or referendum, he must be
registered in the permanent list of voters for the city
or municipality in which he resides (Sec. 115, OEC).
Registration does not confer the right to vote; it is
but a condition precedent to the exercise of the
right. Registration is a regulation, not a
qualification (Yra v. Abano)
System of Continuing Registration 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 (Sec. 8, R.A.
8189).

2S 2011-2012
Congress itself has determined that the period of

120 days before a regular election and 90 days
before a special election is enough time for the
COMELEC to make ALL the necessary
preparations with respect to the coming elections
including:
i. Completion of project precincts, which is
necessary for the proper allocation of official
ballots, election returns and other election
forms and paraphernalia;
ii. Constitution of the Board of Election
Inspectors, including the determination of the
precincts to which they shall be assigned;
iii. Finalizing the Computerized Voters List;
iv. Supervision of the campaign period; and
v. Preparation, bidding, printing and distribution
of Voters Information Sheet. Such
determination of Congress is well within the
ambit of its legislative power, which this
Court is bound to respect. (Kabataan Partylist Representative Raymond Palatino v.
Commission on Elections)
Disqualification The same grounds for the
disqualifications for suffrage.
Illiterate or Disabled Voters may register with
the assistance of the Election Officer or any
member of an accredited citizens arms;
application for registration 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 arms
using the data supplied by the applicant (Sec. 14,
R.A. 8189).
An ILLITERATE OR DISABLED PERSON refers
to one who cannot by himself prepare an
application for registration because of his
physical disability and/or inability to read and
write (Sec. 3, R.A. 8189)
No voter shall be allowed to vote as illiterate or
person with disability / disabled, unless such fact
is indicated in the EDCL or the Voters
Registration Record (Sec. 30, Comelec

Instructions to the BEI, December 29, 2009)
Election Registration Board There shall be in
each city and municipality as many Election
Registration Boards as there are election officers
therein; 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 his absence, the city or municipal
treasurer. 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 (Sec. 15, R.A.
8189).
.
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. 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 (Sec. 18, R.A. 8189).
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

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b.
c.
d.
e.
f.
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;
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
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;
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;
Any person who did not vote in the two
successive preceding regular elections as
shown by their voting records. For this
purpose, regular elections do not include the
Sangguniang Kabataan (SK) elections;
Any person whose registration has been
ordered excluded by the Court; and
Any person who has lost his Filipino
citizenship (Sec. 27, R.A. 8189).
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
(Sec. 28, R.A. 8189).
Preparation and Posting of the Certified List

of Voters The Board shall prepare and post
certified list of voters ninety (90) days before a
regular election and sixty (60) days before a
special election and furnish copies thereof to the
provincial, regional and national central files.
Copies of the certified list, along with a certified
list of deactivated voters categorized by precinct
per barangay, within the same period shall
likewise be posted in the office of the Election
Officer and in the bulletin board of each
city/municipal hall. Upon payment of the fees as
fixed by the Commission, the candidates and
heads of registered political parties shall also be
furnished copies thereof (Sec. 30, R.A. 8189).
Inclusion and Exclusion Proceedings: COMELEC
has no jurisdiction to resolve the issue regarding the
right to vote, the same being cognizable by the courts
in the proceedings for the exclusion or inclusion of
voters (Canicosa v. COMELEC).
Common
Rules
Governing
Judicial
Proceedings in the Matter of Inclusion,
Exclusion and Correction of Names of Voters
(Sec. 32, R.A. 8189):
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;
c. A petition shall refer only to one (1) precinct
and shall 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

2S 2011-2012
stipulation of facts. If the question is whether

or not the voter is real or fictitious, his nonappearance 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.
Jurisdiction in Inclusion and Exclusion Cases
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 (Sec. 33,
R.A. 8189).
It is not within the competence of the trial court, in
exclusion proceedings, to declare the challenged
voter as a resident of another municipality. The
jurisdiction of the trial court is limited only to
determining the right of the voter to remain in the
list of voters or to declare that the challenged
voter is not qualified to vote in the precinct in
which he is registered, specifying the ground for
the voters disqualification. (Domino v Comelec)
Petition for Inclusion 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 (Sec. 34, R.A. 8189).
Petition for Exclusion: Any registered voter,
representative of a political party or the Election
Officer, may file with the court a sworn petition for
the exclusion of a voter from the permanent list of
voters giving the name, address and the precinct
of the challenged voter at any time except one
hundred (100) days prior to a regular election or
sixty-five (65) days before a special election. The
petition shall be accompanied by proof of notice
to the Board and to the challenged voter and
shall be decided within ten (10) days from its
filing (Sec. 35, R.A. 8189).
Annulment of 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 (Sec. 39, R.A.
8189).
The annulment of the list of voters shall not
constitute a ground for a pre-proclamation
contest (Ututalum v. COMELEC)
.
Overseas Absentee Voting Act (R.A. 9189)
Absentee voting- the process by which ratified
citizen of the Philippines abroad exercises their
right to vote. (Sec. 3)
Overseas Absentee Voter" refers to a citizen of
the Philippines who is qualified to register and
vote under this Act, not otherwise disqualified by

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law, who is abroad on the day of elections. (Sec.

3)
Coverage: All citizens of the Philippines abroad,
who are not otherwise disqualified by law, at least
18 years of age, may vote for President, VicePresident,
Senators,
and
Party-list
Representatives.
Disqualifications:
(Sec. 5)
1. Those who have lost their Filipino citizenship in
accordance with Philippine laws;
2. Those who have expressly renounced their
Philippine citizenship and who have pledged
allegiance to a foreign country;
3. Those who have committed and are convicted
in a final judgment by a court or tribunal of an
offense punishable by imprisonment of not less
than one (1) year, including those who have
committed and been found guilty of Disloyalty as
defined under Article 137 of the Revised Penal
Code, such disability not having been removed
by plenary pardon or amnesty; Provided,
however, That any person disqualified to vote
under this subsection shall automatically acquire
the right to vote upon expiration of five (5) years
after service of sentence; Provided, further, That
the Commission may take cognizance of final
judgments issued by foreign courts or tribunals
only on the basis of reciprocity and subject to the
formalities and processes prescribed by the
Rules of Court on execution of judgments;
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.
5. Any citizen of the Philippines abroad
previously declared insane or incompetent by
competent authority in the Philippines or abroad,
as verified by the Philippine embassies,
consulates or Foreign Service establishments
concerned, unless such competent authority
subsequently certifies that such person is no
longer insane or incompetent.
Personal Overseas Absentee Registration.
Registration as an overseas absentee voter shall be
done in person. (Sec. 6)
The embassies, consulates and other foreign service
establishments shall transmit within (5) days from
receipt the accomplished registration forms to the
Commission, after which the Commission shall
coordinate with the Election Officer of the city or
municipality of the applicants stated residence for
verification, hearing and annotation in the permanent
list of voters. (Sec. 6)
The overseas absentee voter shall personally
accomplish his/her ballot at the embassy,
consulate or other foreign service establishment
that has jurisdiction over the country where
he/she temporarily resides or at any polling place
designated and accredited by the Commission.
(Sec. 16(2)
The overseas absentee voter shall cast his ballot,
upon presentation of the absenteevoter
identification card issued by the Commission,
within thirty (30) days before the day of elections.
In the case of seafarers, they shall cast their
ballots anytime within sixty (60) days before the
day of elections as prescribed in the
Implementing Rules and Guidelines. (Sec. 16(3)
Case Digest:
Overseas Absentee Voting

2S 2011-2012
10
Petitioners are dual citizens whose applications for

overseas absentee voting pursuant to The Overseas
Absentee Voting Act were denied by the COMELEC
due to lack of residency requirement as provided by
Sec. 1, Art. V of 1987 Philippine Constitution.
WON the act of COMELEC is valid.
Section 2, Article V is the exception to the residency
requirement found in section 1 of the same article.
Provided the duals meet the requirements under
section 1 in relation to R.A. 8189, they should not be
denied the
right of suffrage as an overseas
absentee voter. (Lewis vs. COMELEC)
the appropriate head of the government office for

distribution to the applicants. (Sec. 5)
Registration of voters
Petitioner sought to direct the COMELEC to conduct
a special registration of new voters within 120 days
before the May 14, 2001 General Elections.
WON the petition may be granted.
The exercise of right to suffrage is subject to existing
substantive and procedural requirements. Sec. 8,
R.A. 8189 provides that no registration shall be
conducted during the period within 120 days before a
regular election and 90 days before a special
election. (Akbayan-Youth vs. COMELEC)
1. Party means either a political party or a

sectoral party or a coalition of parties.
Local Absentee Voting (E.O. 157)

Any person who by reason of public functions and
duties, is not in his/her place of registration on
election day, may vote in the city/municipality where
he/she is assigned on election day: Provided, That
he/she is a duly registered voter. (Sec. 1)
Thirty (30) days before the election, the appropriate
head of office shall submit to the Commission on
Elections a list of officers and employees of the office
who are registered voters, and who, by reason of
their duties and functions, will be in places other than
their place of registration, and who desire to exercise
their right to vote, with the request that said officers
and employees be provided with application forms to
cast absentee ballots in their place of assignment.
The list and the request shall be under oath. (Sec. 2)
Upon verification of the applications, the Commission
shall transmit the exact number of absentee ballots to
The voters who cast absentee votes shall vote one

week before election day. (Sec. 8)
The Commission on Elections shall canvass the
votes cast by absentee voters and shall add the
results of the same to the votes reported throughout
the country. (Sec. 10)
The Party-List System Act (RA 794):
2. Political Party refers to an organized group of

citizens advocating an ideology or platform,
principles and policies for the general conduct of
government and which, as the most immediate
means of securing their adoption, regularly
nominates and supports certain of its leaders and
members as candidates for public office. It is a
national party when its constituency is spread
over the geographical territory of at least a
majority of the regions. It is a regional party when
its constituency is spread over the geographical
territory of at least a majority of the cities and
provinces comprising the region.
3. Sectoral Party refers to an organized group of
citizens belonging to any of the sectors
enumerated in Section 5 hereof whose principal
advocacy pertains to the special interest and
concerns of their sector.
4. Sectoral Organization refers to a group of
citizens or a coalition of groups of citizens who
share
similar
physical
attributes
or
characteristics, employment, interests or
concerns.
5. Coalition refers to an aggrupation of duly
registered national, regional, sectoral parties or
organizations for political and/or election
purposes.
Registration

2S 2011-2012
11
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 (Sec. 5, R.A.
7941).
No votes cast in favor of political party,
organization or coalition shall be valid except for
those registered under the party-list system (Sec.
7, Art. IX-C, 1987 Constitution).
Purposes:
1. To acquire juridical personality;
2. To entitle it to rights and privileges granted to
political parties; and
3. To participate in the party-list system.
Groups which cannot be registered as political parties
(Sec. 3, R.A. 7941):
1. Religious denominations or sects;
2. Those who seek to achieve their goals through
violence or unlawful means;
3. Those who refuse to uphold and adhere to the
Constitution; and
4. Those supported by foreign governments.
Grounds for cancellation of registration (RAF- SVUCF) (Sec. 6, RA 7941):
1. It is a religious sect or denomination,
organizationor association, organized
for
religious purposes;
2. It advocates violence or unlawful means to seek
its goal;
3. It is a foreign party or organization;
4. It is receiving support from any foreign
government, foreign political party, foundation,
organization, whether directly or through any of
its officers or members or indirectly through third
parties for partisan election purposes;
5. It violates or fails to comply with laws, rules or
regulations relating to elections;
6. It declares untruthful statements in its petition;
7. It has ceased to exist for at least one (1) year; or
8. It fails to participate in the last two (2) preceding

elections or fails to obtain at least two per centum
(2% ) of the votes cast under the party-list system
in the two (2) preceding elections for the
constituency in which it has registered.
Election of Party-List Representatives
Constitutional
Provision:
The
party-list
representatives shall constitute twenty per centum of
the total number of representatives including those
under the party list (Sec. 5 (2), Art. VI).
The Party List System It is a mechanism of
proportional representation in the election of
representatives to the House of Representatives,
from national, regional and sectoral parties,
organizations and coalitions thereof registered with
the COMELEC. The Party-list system was devised to
replace the reserve seat system the very essence
of the party list system is representation by election
(Veterans Federation Party v. COMELEC).
Nomination of Party-List Representatives: Each
registered party, organization or coalition shall submit
to the COMELEC not later than forty-five (45) days
before the election a list of names, not less than five
(5), from which party-list representatives shall be
chosen in case it obtains the required number of
votes.
A person may be nominated in one (1) list only.
Only persons who have given their consent in
writing may be named in the list.
The list shall not include any candidate for any
elective office or a person who has lost his bid for
an elective office in the immediately preceding
election.
No change of names or alteration of the order of
nominees shall be allowed after the same shall
have been submitted to the COMELEC except:
1. Nominee dies or
2. Withdraws in writing his nomination,
3. Becomes incapacitated in which case the
name of the substitute nominee shall be
placed last in the list.

2S 2011-2012
12
Incumbent sectoral representatives in the House

of Representatives who are nominated in the
party-list system shall not be considered resigned
(Section 8, R.A. 7641).
Qualifications of Party-List Representatives:
1. Natural-born citizen of the Philippines;
2. A registered voter;
3. A resident of the Philippines for a period of not
less than one (1) year immediately preceding the
day of the election;
4. Able to read and write;
5. A bona fide member of the party or organization
which he seeks to represent for at least ninety
(90) days preceding the day of the election; and
6. At least twenty-five (25) years of age on the day
of the election; In case of a nominee of the youth
sector, he must at least be twenty-five (25) but
not more than thirty (30) years of age on the day
of the election. Any youth sectoral representative
who attains the age of thirty (30) during his term
shall be allowed to continue in office until the
expiration of his term (Section 9, R.A. 7914).
Manner of Voting: Every voter shall be entitled to
two (2) votes:
1. For candidate for member of the House of
Representatives in his legislative district; and
2. For the party, organizations, or coalition he wants
represented in the house of Representatives:
Provided, That a vote cast for a party, sectoral
organization, or coalition not entitled to be voted
for shall not be counted: Provided, finally, That
the first election under the party-list system shall
be held in May 1998 (Section 10, R.A. 7941).
The Four Parameters in the Philippine-Style
Party-List Election (BANAT v. COMELEC):
1. 20% allocation: Twenty percent of the total
number of the membership of the House of
Representatives is the maximum number of seats
available to party-list organizations, such that
there is automatically one party-list seat for every
four existing legislative districts.
2. A guaranteed seat for a party-list organization
garnering 2% of the total votes cast: The
guaranteed seats shall be distributed in a first

round of seat allocation to parties receiving at
least two percent of the total party-list votes.
3. Proportional representation: The additional
seats, that is, the remaining seats after allocation
of the guaranteed seats, shall be distributed to
the party-list organizations including those that
received less than two percent of the total votes.
4. The three-seat cap. Each qualified party,
regardless of the number of votes it actually
obtained, is entitled only to a maximum of 3
seats.
The formula in the allocation of party-list seat
pronounced in Veterans Federation Party v.
COMELEC (GR No. 136781, October 6, 2000)
has thus been modified.
The continued operation of the two percent
threshold as it applies to the allocation of the
additional seats is now unconstitutional because
this threshold mathematically and physically
prevents the filling up of the available party-list
seats. The additional seats shall be distributed to
the parties in a second round of seat allocation
(Barangay Association for National Advancement
and Transparency (BANAT) v. COMELEC, G.R.
No. 179271, April 21, 2009).
The three seat cap is not a violation of the
Constitution because the 1987 Constitution does
not require absolute proportionality for the partylist system.
The Guidelines for determining whether Party-List
Groups have complied with the requirements of
Law (Ang Bagong Bayani-OFW Labor Party v.
COMELEC):
1. The political party, sector, organization or
coalition must represent the marginalized and the
underrepresented groups identified in Sec. 5 of
RA 7941. Majority of its membership should
belong
to
the
marginalized
and
underrepresented;

2S 2011-2012

2.
3.
13
While even major political parties are expressly

allowed by RA 7941 and the Constitution, they
must comply with the declared statutory policy of
Filipino citizens belonging to marginalized and
underrepresented sectors to be elected to the
House of Representatives. Thus, they must
show that they represent the interest of the
marginalized and underrepresented;
Religious sector may not be represented in the
party-list system; except that priests, imams or
pastors may be elected should they represent not
their religious sect but the indigenous community
sector;
4.
A party or an organization must not be

disqualified under Sec. 6, RA 7941;
5.
The party or organization must not be an adjunct

of, or a project organized or an entity funded or
assisted by, the government;
6.
The party, including its nominees must comply

with the qualification requirements of Section 9,
R.A. 7941;
7.
Not only the candidate party or organization must

represent the marginalized and underrepresented
sectors, so also must its nominees;
8.
While lacking a well-defined political

constituency, the nominee must likewise be able
to contribute to the formation and enactment of
appropriate legislation that will benefit the nation
as a whole.
CANDIDATES
Chapter 5
Candidate refers to any person aspiring for or

seeking an elective public office, who has filed a
certificate of candidacy and that any person who
files certificate of candidacy within [the period for
filing] shall only be considered as a candidate at the
start of the campaign period for which he filed his
certificate of candidacy. (Penera v. Comelec)
Qualifications
President and Vice- President:
1. Natural-born citizen
2. Registered voter
3. Able to read and write
4. At least 40 years old on the day of the election
5. Resident of the Philippines for at least 10 years
immediately preceding the day of the election.
(Sec.2, Art. VII)
Senators:
2. At least 35 yrs. old on the day of the election
3. Able to read & write
4. Registered voter
5. Resident of RP for not less than 2 years
immediately preceding the day of the election
(Sec. 2, Art. VI)
District Representatives:
1.Natural-born citizen
2.At least 25 years old on the day of election
3.Able to read and write
4.Registered voter in the district in which he shall be
elected
5.Resident of the same district for a period of not less
than 1 year Immediately preceding the day of
election. (Sec. 6, Art. VI)
Sectoral Representatives:
2. At least 25 years old on the day of election
3. Able to read and write
4. Resident for a period not less than one year
immediately preceding the day of the election
5. Bona fide member of the sector he seeks to
represent
Governor, Vice-governor, Mayor, Vice-mayor,
Punong barangay, Sanggunian (sg) members
1. Citizen of the Philippines;
2. Registered voter in the barangay, municipality, city
or province, or, in the case of a member of the SG
panlalawigan, panlungsod or bayan, the district
where he intends to be elected;

2S 2011-2012
14
3. Resident therein for at least 1 year immediately

preceding the election;
4. Able to read and write Filipino or any other local
language or dialect;
5. On election day, age must at least be:
a) 23 years governor, vice-governor, member of
the SG panlalawigan, mayor, vice mayor, or
member of the SG panlungsod
of HUC;
b) 21 years mayor or vice mayor of ICC, CC, or
municipalities;
18 years member of the SG panlungsod or
SG bayan, or punong barangay or member of
the SG barangay 15 but not more than 18 years
SK(Sec 39, R.A. 7160)
Qualifications prescribed by law are continuing
requirements and must be possessed for the
duration of the officers active tenure. Once any
of the required qualification is lost, his title to the
office may be seasonably challenged. (Frivaldo
vs. COMELEC)
The law does not specify any particular date or
time when the candidate must possess
citizenship unlike that for residence and age. It
must be possessed upon proclamation or on the
day that the term begins (Id.)
Disqualifications:
1. Under the Omnibus Election Code:
a. Declared as incompetent or insane by
competent authority;
b. Convicted by final judgment for subversion,
insurrection, rebellion or any offense for
which he has been sentenced to a penalty of
18 months imprisonment;
c. Convicted by final judgment for a crime
involving moral turpitude;
d. Any person who is a permanent resident of
or immigrant to a foreign country.
2. Under the Local Government Code (Sec. 40,
R.A. 7160) Applicable to candidates for local
elective office only (Magno v. COMELEC, supra):
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;
Those who have not served their
sentence by reason of the grant of
probation which should not be equated
with service of sentence, should not
likewise be disqualified from running for
a local elective office because the twoyear period of ineligibility does not even
begin to run (Moreno v. COMELEC, GR
No. 168550, August 10, 2006).
b. Those removed from office as a result of an
administrative case;
An elective local official who was
removed from office as a result of an
administrative case prior to January 1,
1992 the date of effectivity of the Local
Government Code is not disqualified
from running for an elective local public
office, because Sec. 40 of the Local
Government Code cannot be given
retroactive effect (Grego v. COMELEC,
GR No. 125955, June 19, 1997).
c. Those convicted by final judgment for
violating the oath of allegiance to the
Republic;
d. Those with dual citizenship;
Dual citizenship as a disqualification
must refer to citizens with dual
allegiance. Consequently, persons with
mere dual citizenship do not fall under
the disqualification
(Mercado
v.
Manzano, GR No. 135083, May 26,
1999).
e. Fugitives from justice in criminal or nonpolitical cases here or abroad;
A fugitive from justice includes not only
those who flee after conviction to avoid
punishment, but likewise those who, after
being charged, flee to avoid prosecution
(Marquez v. COMELEC,).
f. Permanent residents in a foreign country or
those who have acquired the right to reside

2S 2011-2012
15
abroad and continue to avail of the same

right after the effectivity of this Code;
Green card is ample evidence to show
that the person is an immigrant to, or a
permanent resident of, the United States
of America (Caasi v. Court of Appeal).
g. The insane or feeble-minded.
3. Additional Grounds for Disqualification (Sec.
68, BP 881)
a. One who has violated provisions on:
i. Campaign period
ii. Removal, destruction of lawful election
propaganda
iii. Prohibited forms of propaganda
iv. Regulation of propaganda through mass
media
b. One who has given money or other material
consideration to influence voters
c. One who committed acts of terrorism
d. One who spent election campaign in excess
allowed by law
e. One who solicited or received contribution
prohibited by law
President:
1. not eligible for any reelection;
2. no person who has succeeded as President and
served as such for more than four years shall be
qualified for election to the same office at any
time. (Sec.4, Art. VII)
3. General Disqualification*
Vice-President:
1. Shall not serve for more than two consecutive
terms. (Sec.4, Art. VII and Sec. 4, Art. VI);
2. General Disqualifications:
a. one who has been declared by competent
authority as insane or incompetent;
One who 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 18 months or for a crime
involving moral turpitude, unless given plenary
pardon or granted amnesty. (Sec. 12, BP 881)
Senators:
Shall not serve for more than two consecutive terms.
(Sec 4(2), Art. VI)
District Representatives:
1. Shall not serve for more than three consecutive
terms. (Sec. 7 Art. VI);
2. One who has been declared by competent
authority as insane or incompetent;
3. One who 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 18 months or for a crime
involving moral turpitude, unless given plenary
pardon or granted amnesty. (Sec. 12, BP 881 or
the
Omnibus
Election
Code)
Governor, Vice-governor, Mayor, Vice-mayor,
Punong barangay, Sanggunian (sg) members:
(Sec. 41, R.A. 7160)
1. sentenced by final judgement for an offense
involving moral turpitude or for an offense
punishable by 1 year or more, within 2 years after
serving sentence;
2. removed from office as a result of an
administrative case;
3. convicted by final judgment for violating the oath of
allegiance to the Republic of the Philippines;
4. with dual citizenship;
5. fugitives from justice in criminal and non-political
case here and abroad;
6. 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 the Local Government Code;
7. insane or feeble-minded
Certificate of Candidacy
A statement of a person seeking to run for a public
office certifying that he announces his candidacy for
the office mentioned and that he is eligible for the
office, the name of the political party to which he
belongs if he belongs to any, and his post-office

2S 2011-2012
16
address for all election purposes being as well stated

(Sinaca v Mula).
No person shall be eligible for any elective public
office unless he files a sworn certificate of
candidacy within the period fixed by law (Sec. 73,
OEC).
Automatic Resignation Officials holding
appointive offices, including active members of
AFP and officers of government-owned or
controlled corporations shall be considered ipso
facto resigned (Sec. 66, OEC & Art. 13, par. 3,
R.A. 9369).
Only elective officials may file their certificates of

candidacy without being deemed ipso facto
resigned from their posts. There is no violation of
the equal protection clause since there is a
SUBSTANTIAL
DISTINCTION
BETWEEN
ELECTIVE AND APPOINTIVE OFFICIALS to
warrant differential treatment:
i. Elective officials occupy their office by virtue
of the mandate of the electorate. On the
other hand, appointive officials hold their
office by virtue of their designation thereto by
an appointing authority.
ii. Appointive officials, as officers and
employees in the civil service, are strictly
prohibited from engaging in any partisan
political activity or take part in any election
except to vote. On the other hand, elective
officials, or officers or employees holding
political offices, are obviously expressly
allowed to take part in political and electoral
activities (Quinto, et al. v COMELEC)
Formal Defects in the Certificate of

Candidacy: The election of a candidate cannot
be annulled on the sole ground of formal defects
in his certificate of candidacy (De Guzman v.
Board of Canvassers).
Death, Disqualification or Withdrawal of
Candidate; Substitution of Candidate: If after
the last day for the filing of certificates of
candidacy, an official candidate of a registered
accredited political party dies, withdraws or is

disqualified for any cause, only a person
belonging to, and certified by, the same political
party may file a certificate of candidacy to replace
the candidate who died, withdrew or was
disqualified not later than mid-day of the day of
the election (Sec. 76, OEC).
Withdrawal of Certificate of Candidacy: The
withdrawal of the certificate of candidacy shall
effect the disqualification of the candidate to be
elected, for the position. The withdrawal of the
withdrawal, for the purpose of reviving the
certificate of candidacy, must be made within the
period provided by law for the filing of certificates
of candidacy.
Filing of Two Certificates of Candidacy: When
a person files two certificates of candidacy for
different offices, he becomes ineligible for either
position (Sec. 72, OEC). He may withdraw one of
his certificates by filing a sworn declaration with
the Commission before the deadline for the filing
of certificates of candidacy.
Before the deadline for filing the certificate, a
candidate may withdraw all except one, declaring
under oath the office for which he desires to be
eligible and cancel the certificate of candidacy for
other office or offices (Go v. COMELEC).
The COMELEC shall have only the ministerial
duty to receive and acknowledge receipt of the
certificates of candidacy (Sec. 76, OEC).
Accordingly, the COMELEC may not, by itself,
without proper proceedings, deny due course to
or cancel a certificate of candidacy filed in due
form.
Exceptions:
1. Authority over nuisance candidates
2. Power to deny due course to or cancel a
certificate of candidacy under Sec. 78, OEC
Nuisance Candidates: COMELEC may motu
propio or upon petition of an interested party,
refuse to give due course to or cancel a

2S 2011-2012
17
certificate of candidacy if shown that said

certificate was filed:
1. To put the election process in mockery or
disrepute;
2. To cause confusion among voters by
similarity of names of registered candidates;
3. By other circumstances or acts which
demonstrate that a candidate has no bona
fide intention to run for the office for which his
certificate of candidacy has been filed, and
thus prevent a faithful determination of the
true will of the electorate.
Petition to Deny Due Course or to Cancel
Certificate of Candidacy
The COMELEC, upon proper petition, may
cancel a certificate of candidacy on the
ground that any material misrepresentation
contained therein as required under Sec. 74
of the OEC is false (Sec. 78, OEC), provided
that (a) the false representation pertains to
material matter affecting substantive rights of
a candidate and that (b) the false
representation must consist of deliberate
attempt to mislead, misinform, or hide a fact
which would otherwise render a candidate
ineligible (Salcedo II v. COMELEC).
The petition may be filed not later than 25
days from the time of filing of the certificate of
candidacy, and shall be decided, after due
notice and hearing, not later than 15 days
before the election (Section 78 B.P. 881).
Jurisdiction over a petition to cancel a
certificate ofcandidacy
lies with the
COMELEC in division, not with the
COMELEC en banc (Garvida v. Sales).
Effect of Disqualification Case: Any candidate
who has been declared by final judgment to be
disqualified shall not be voted for, and the votes
cast for him shall not be counted. If for any
reason a candidate is not declared by final
judgment before an election to be disqualified
and he is voted for and receives the winning
number of votes in such election, the Court or
Commission shall continue with the trial and

hearing of the action, inquiry, or protest and,
upon motion of the complainant or any
intervenor, may during the pendency thereof
order the suspension of the proclamation of such
candidate whenever the evidence of his guilt is
strong (Sec. 6, RA 6646 or the Electoral Reforms
Law of 1987).
Note that the COMELEC can suspend
proclamation only when evidence of the
winning candidates guilt is strong (Codilla,
Sr. v. De Venecia, et. al).
The use of the word may indicates that the
suspension of the proclamation is merely
permissive. If the COMELEC does not find
any sufficient ground to suspend
proclamation, then a proclamation may be
made (Grego v. COMELEC, supra).
It is incorrect to say that since a candidate
has been disqualified, the votes intended for
the disqualified candidate should, in effect,
be null and void. This would amount to
disenfranchising the electorate in whom
sovereignty reside (Ortega v. COMELEC).
The ineligibility of a candidate receiving
majority votes does not entitle the eligible
candidate receiving the next highest number
of votes to be declared elected.
Exceptions:
1. The one who obtained the highest number of
votes is disqualified; AND
2. The electorate is fully aware in fact and in
law of the candidates disqualification so as
to bring such awareness within the realm of
notoriety but would nonetheless cast their
votes in favor of the ineligible candidate.
(Grego v. COMELEC, supra).
Case Digest:
Term of office
The petitioner was duly elected and served 2
consecutive terms as Municipal Mayor prior to 1995
elections. In the 1995 elections he was again
proclaimed winner but due to election protest against
him, he was removed from office months before the

2S 2011-2012
18
1998 elections. In the 1998 elections he again ran

and won. A disqualification case was filed against
him.
WON petitioners service from 1996 to 1998 as Mayor
may be considered as service of one full term.
Two requisites for the disqualification must concur: 1.
that the official concerned has been duly elected for
three consecutive terms in the same local
government post; and 2. that he has fully served
three consecutive terms. The two requisites are
absent. He cannot be considered as having been
duly elected and he did not fully serve the term by
reason of involuntary relinquishment of office.
(Lonzanida vs. COMELEC)
Philippine citizenship
Private respondent filed a petition for disqualification
alleging that petitioner is not a citizen of the
Philippines, But an immigrant and resident of USA.
Petitioner admitted that he was a naturalized
American citizen but he applied for dual citizenship
under R.A. 9225.
WON he may be allowed to run for public office.
R.A. 9225 imposes an additional requirement on
those who wish to seek elective public office. He is
thus disqualified from running for public office in view
of his failure to renounce his American citizenship.
(De Guzman vs. COMELEC)
_
Petitioner believing that he is a Filipino citizen, upon
filing an application for repatriation, filed his
Certificate of Candidacy for mayor.
The absence of any official action or approval by the
proper authorities, a mere application for repatriation
does not and cannot amount to the automatic
reacquisition of the applicants Philippine citizenship.
(Labo vs. COMELEC)
Moral Turpitude
A petition for disqualification was filed against the
petitioner for the alleged conviction for violation of BP
22 which is a crime involving moral turpitude.
WON every criminal act involves moral turpitude. Not
every criminal act involves moral turpitude and the
court has the authority to determine. It depends upon
the circumstances surrounding the violation of the
statute. (Villaber vs. COMELEC)
Fugitive from Justice

Petitioner sought the cancellation of respondents
Certificate of Candidacy on the ground that the latter
is a fugitive from justice. The respondent is allegedly
criminally charged in the United States and that his
arrest is yet to be served because of his flight from
the country.
WON fugitive from justice covers only those
convicted by final judgment.
Fugitive from justice does not mean a person
convicted by final judgment. It includes those after
being charged flees to avoid prosecution. (Marquez
vs. COMELEC)
Green Card Holder
Petitioner was sought to be disqualified to hold public
office on the ground that he is a green card holder.
He alleged that he merely obtained the green card for
convenience, that he is a permanent resident of the
Philippines and voted in the previous elections.
WON green card is proof that the holder is a
permanent resident of the United States.
Immigration to the Unites States constituted an
abandonment of respondents domicile and residence
in the Philippines. He entered the United States with
the intention to have his residence there permanently
as evidenced by the application for an immigrants
visa.
To be qualified to run for elective office in the
Philippines, the law requires that the candidate who is
a green card holder must have waived his status as a
permanent resident or immigrant of a foreign country.
(Caasi vs. COMELEC)
CAMPAIGN, ELECTION
PROPAGANDA, CONTRIBUTIONS
AND EXPENDITURES
Chapter 6
Election Campaign or Partisan Political Activity

refers to an act designed to promote the election or
defeat of a particular candidate or candidates to a
public office (Sec. 79, OEC).

2S 2011-2012
19
Prohibition against Premature Campaigning

Partisan political activities are prohibited outside
the campaign period (Sec. 80, OEC). However,
the following political activities are permitted
outside the campaign period:
1. Those
performed for the purpose of
enhancing the chances of aspirants for
nomination for candidacy to a public office by
a political party, aggroupment, or coalition of
parties;
2. Public expressions or opinions or discussions
of probable issues in a forthcoming election
or on attributes of or criticisms against
probable candidates proposed to be
nominated in a forthcoming political party
convention (Sec. 79, OEC).
If there is yet no candidate whose interest it is to
be promoted or defeated, there is no restriction to
any election campaign or partisan political
activity. Accordingly, engaging in partisan political
activity in favor of, or against, a person who has
not filed a certificate of candidacy is not
prohibited.
A person who files a certificate of candidacy is
not a candidate until the start of the campaign
period (Lanot v. Comelec)
A candidate is liable for an election offense only
for acts done during the campaign period, not
before. The law is clear as daylight any election
offense that may be committed by a candidate
under any election law cannot be committed
before the start of the campaign period. (Penera
v. Comelec)
Fair Elections Act
(R.A. 9006)
Lawful Election Propaganda
1. Written/Printed Materials (does not exceed 8
in. width by 14 in. length)
2. Handwritten/printed letters
3. Posters (not exceeding 2 x 3 ft.), however, 3 by 8

ft. streamers are allowed in announcing a public
meeting or rally, at the site and on the occasion
of a public meeting or rally, may be displayed 5
days before the date of rally but shall be removed
within 24 hours after said rally.
4. Print Ads
5. page in broadsheets and page in tabloids
thrice a week per newspaper, magazine or other
publication during the campaign period
6. Broadcast Media (i.e. TV and Radio):
a. National Positions: 120 minutes for TV and
180 minutes for radio;
b. Local Positions: 60 minutes for TV and 90
minutes for radio.
Prohibited forms of Election Propaganda (Sec.
85, BP 881)
(a) To print, publish, post or distribute any poster,
pamphlet, circular, handbill, or printed matter urging
voters to vote for or against any candidate unless
they bear the names and addresses of the printer
and payor as required in Section 84 hereof;
(b) To erect, put up, make use of, attach, float or
display any billboard, tinplate-poster, balloons and
the like, of whatever size, shape, form or kind,
advertising for or against any candidate or political
party;
(c) To purchase, manufacture, request, distribute or
accept electoral propaganda gadgets, such as pens,
lighters, fans of whatever nature, flashlights, athletic
goods or materials, wallets, shirts, hats, bandanas,
matches, cigarettes and the like, except that
campaign supporters accompanying a candidate
shall be allowed to wear hats and/or shirts or T-shirts
advertising a candidate;
(d) To show or display publicly any advertisement or
propaganda for or against any candidate by means of
cinematography, audio-visual units or other screen
projections except telecasts which may be allowed as
hereinafter provided; and
(e) For any radio broadcasting or television station
to sell or give free of charge air time for campaign
and other political purposes except as authorized in

2S 2011-2012
20
this Code under the rules and regulations

promulgated by the Commission pursuant thereto
Any prohibited election propaganda gadget or
advertisement shall be stopped, confiscated or torn
down by the representative of the Commission upon
specific authority of the Commission. (Sec. 39, 1978
EC, modified)
Election Survey: The Supreme Court held that Sec.
5.4 of the Fair Elections Act prohibiting publication of
survey results 15 days immediately preceding a
national election and 7 days before a local election
violates the constitutional rights of speech,
expression, and the press because:
It imposes a prior restraint on the freedom of
expression;
It is a direct and total suppression of a category
of expression even though such suppression is
only for a limited period; and
The governmental interest sought to be promoted
can be achieved by means other than the
suppression of freedom of expression (Social
Weather Station v. COMELEC, G.R. No. 147571
May 5, 2001).
COMELEC Space
The COMELEC shall procure the print space upon
payment of just compensation from at least three (3)
national newspapers of general circulation wherein
candidates for national office can announce their
candidacies. Such space shall be allocated free of
charge equally and impartially among all the
candidates for national office on three (3) different
calendar days: the first day within the first week of the
campaign period; the second day within the fifth week
of the campaign period; and the third day within the
tenth week of the campaign period (Sec. 7.1, RA
9006).
COMELEC Time
The COMELEC shall also procure free airtime from at
least three (3) national television networks and
three(3) national radio networks, which shall also be
allocated free of charge equally and impartially
among all candidates for national office. Such free
time shall be allocated on three (3) different calendar
days; the first day within the first week of the
campaign period; the second day within the fifth week

of the campaign period; and the third day within the
tenth weeks of the campaign period (Sec 7.2, RA
9006).
Right to Reply
All registered parties and bona fide candidates shall
have the right to reply to charges published against
them. The reply shall be given publicity by the
newspaper, televeision and/or radio station which first
printed or aired the charges with the same
prominence or in the same page or section or in the
same time slot as the first statement (Sec. 10, RA
9006, Fair Election Act).
Equal Access to Media Time and Space (Sec 6, BP
881)
Print advertisements shall not exceed onefourth (1/4) page in broadsheet and one-half
(1/2) page in tabloids thrice a week per
newspaper, magazine or other publications,
during the campaign period.
Not more than one hundred twenty (120)
minutes of television advertisement and one
hundred eighty (180) minutes of radio
advertisement whether by purchase or
donation.
Not more than sixty (60) minutes of television
advertisement and ninety (90) minutes of
radio advertisement whether by purchase or
donation.
Exit Polls
Exit polls may only be taken subject to the following
requirements:
1. Pollsters shall not conduct their surveys within
fifty (50) meters from the polling place, whether
said survey is taken in a home, dwelling place
and other places;
2. Pollsters shall wear distinctive clothing;
3. Pollsters shall inform the voters that they may
refuse to answer; and
4. The result of the exit polls may be announced
after the closing of the polls on election day, and

2S 2011-2012
21
must clearly identify the total number of

respondents, and the places where they were
taken. Said announcement shall state that the
same is unofficial and does not represent a trend.
Exit polls and the dissemination of their results
through mass media constitutes part of the
freedom of speech and of the press. Hence, the
Comelec cannot ban them totally in the guise of
promoting clean, honest, orderly and credible
elections. (ABS-CBN v. COMELEC, G.R. No.
133486, January 28, 2000)
Contribution- includes a gift, donation,
subscription, loan, advance or deposit of money
or anything of value, or a contract, promise or
agreement to contribute, whether or not legally
enforceable, made for the purpose of influencing
the results of the elections but shall not include
services rendered without compensation by
individuals volunteering a portion or all of their
time in behalf of a candidate or political party. It
shall also include the use of facilities voluntarily
donated by other persons, the money value of
which can be assessed based on the rates
prevailing in the area. (Sec. 94, BP 881)
Prohibited Contributions:
1. Contribution for purposes of partisan political
activity shall be made directly or indirectly by any
of the following:
a. Public or private financial institutions; except,
loan made by financial institutions legally in
the business of lending money, and in
accordance with laws and regulations and in
the ordinary course of business;
b. Natural and juridical persons operating a
public utility or in possession of or exploiting
any natural resources of the nation;
c. Natural and juridical persons who hold
contracts or sub-contracts to supply the
government or any of its divisions,
subdivisions or instrumentalities, with goods
or services or to perform construction or
other works;
d. Natural and juridical persons who have been
granted franchises, incentives, exemptions,
allocations or similar privileges or
concessions by the government or any of its

divisions, subdivisions or instrumentalities,
including government-owned or controlled
corporations;
e. Natural and juridical persons who, within one
year prior to the date of the election, have
been granted loans or other accommodations
in excess of P100,000 by the government or
any of its divisions, subdivisions or
instrumentalities including governmentowned or controlled corporations;
f. Educational institutions which have received
grants of public funds amounting to no less
than P100,000.00;
g. Officials or employees in the Civil Service, or
members of the Armed Forces of the
Philippines; and
h. Foreigners and foreign corporations.
It shall be unlawful for any person to solicit or
receive any contribution from any of the
persons or entities enumerated herein (Sec.
95, OEC).
2. It shall be unlawful for any person, including a
political party or public or private entity to solicit
or receive, directly or indirectly, any aid or
contribution of whatever form or nature from any
foreign national, government or entity for the
purposes of influencing the results of the election
(Sec 96, OEC).
3. It shall be unlawful for any person to hold dances,
lotteries, cockfights, games, boxing bouts, bingo,
beauty
contests,
entertainments,
or
cinematographic,
theatrical
or
other
performances for the purpose of raising funds for
an election campaign or for the support of any
candidate from the commencement of the
election period up to and including election day;
or for any person or organization, whether civic or
religious, directly or indirectly, to solicit and/or
accept from any candidate for public office, or
from his campaign manager, agent or
representative, or any person acting in their
behalf, any gift, food, transportation, contribution
or donation in cash or in kind from the
commencement of the election period up to and

2S 2011-2012
22
including election day; except, normal and

customary religious stipends, tithes, or collections
on Sundays and/or other designated collection
days, are excluded from this prohibition (Sec. 97,
OEC).
Expenditure- includes the payment or delivery of
money of anything of value, or a contract, promise or
agreement to make an expenditure, for the purpose
of influencing the results of the election. It shall also
include the use of facilities personally owned by the
candidate, the money value of the use of which can
be assessed based on the rates prevailing in the
area. (Sec. 94, BP 881)
Limitation on Expenses:
Sec. 13, Synchronized Elections and for Electoral
Reforms R.A. 7166
1. Candidates: Ten pesos (P10.00) for President
and Vice-President; and for other candidates
Three Pesos (P3.00) for every voter currently
registered in the constituency where he filed his
certificate of candidacy: Provided, That a
candidate without any political party and without
support from any political party may be allowed to
spend Five Pesos (P5.00) for every such voter;
and
2. For political parties: Five pesos (P5.00) for
every voter currently registered in the
constituency or constituencies where it has
official candidates.
Statement of Contributions and Expenses (Sec.
14, RA 7166)
Every candidate and treasurer of the political party
shall, within thirty (30) days after the day of the
election, file in duplicate with the offices of the
Commission the full, true and itemized statement of
all contributions and expenditures in connection with
the election.
Effect of Failure to File:
1. Prohibited from entering upon the duties of his
office
2. Administrative fines
In the case of Pilar v COMELEC (245 SCRA
759), it was held that the law made no
distinction as to whether the candidate

pursued his candidacy or withdrew it. The
State has an interest in seeing that the
electoral process is clean. One way of
attaining the objective is to regulate
contributions and expenses of candidates. A
candidate who withdrew may have accepted
contributions and incurred expenses.
AUTOMATED ELECTIONS
Chapter 7
Automated Elections Act (R.A. 9369)

Automated election system, hereinafter to
as AES - a system using appropriate
technology which has been demonstrated in
the
voting,
counting,
consolidating,
canvassing, and transmission of election
result, and other electoral process; (Sec. 2)
Electronic transmission - conveying data in
electronic form from one location to other;
(Sec. 2)
Paper-based election system - a type of
automated election system that use paper
ballots, records and counts votes, tabulates,
consolidates/canvasses
and
transmits
electronically the results of the vote count;"
(Sec. 2)
Direct recording electronic election
system - a type or automated election
system that uses electronic ballots, records,
votes by means of a ballot display provided
with mechanical or electro-optical component
that can be activated by the voter, processes
data by means of a computer programs,
record voting data and ballot images, and
transmits voting results electronically; (Sec.
2)

2S 2011-2012
23
Continuity plan - a list of contingency

measures, and the policies for activation of
such, that are put in place to ensure
continuous operation of the AES; (Sec. 2)
In the case of Roque v. Comelec (G.R. No.
188456, September 10, 2009), the SC held
that the COMELEC did not abdicate its
mandate and responsibility under Sec. 26 of
RA 8436. With the view the SC takes of the
automation contract, the role of Smartmatic
TIM Corporation is basically to supply the
goods necessary for the automation project,
such as but not limited to the PCOS
machines, PCs, electronic transmission
devices and related equipment, and the like.
As lessees of the goods and the back-up
equipment, the corporation and its operators
would provide assistance with respect to the
machines to be used by the COMELEC
which, at the end of the day, will be
conducting the election thru its personnel and
whoever it deputizes.
The COMELEC should be afforded ample
elbow room and enough wherewithal in
devising means and initiatives that would
enable it to accomplish the great objective for
which it was created to promote free,
orderly, honest and peaceful elections
Giving to the Provider (Smartmatic TIM) the
access keys both the private and public
access keys is like giving to the system
administrator of Yahoo or Hotmail one's
private password to his or her email account.
The private key is supposed to be private to
the Chair of the Board of Election Inspectors,
generated by him and unknown to the
Provider. Otherwise, the Provider will have
the capacity to alter the election results at the
precinct level. Worse, even the private keys
at the canvassing level are generated by the
Provider, allowing the Provider to change the
election results at the canvassing level.
Clearly, the COMELEC has abdicated control
over the elections to the Provider, putting the
integrity and outcome of the 10 May 2010

elections solely in the hands of the Provider
(Roque v. Comelec, G.R. No. 188456,
September 10, 2009, Justice Carpio
dissenting)
The Advisory Council (Section 8)
Eight members who must must be registered
Filipino voters, of known independence,
competence and probity;
A person who is affiliated with any political
party or candidate for any national position,
or is related to a candidate for any national
position by affinity or consanguinity within the
fourth civil degree, shall not be eligible for
appointment or designation to the Advisory
Council. Should any such situation arise at
any time during the incumbency of a
member, the designation or appointment of
that member, shall ipso facto be terminated
Joint Congressional Oversight Committee
(Section 33)
Composed of seven members each from the
Senate and the House of Representatives
o four of whom shall come from the
majority
o three from the minority
To monitor and evaluate the implementation of
this Act.
Electoral Sabotage- any person or member of the
board of election inspectors or board of canvassers
who tampers, increases or decreases the votes
received by a candidates in any election or any
member of the board who refuses after proper
verification and hearing ,to credit the correct votes or
deduct such tampered votes: Provided, however,
That when the tampering, increase or decrease of
votes or the refusal to credit the correct votes and /or
to deduct tampered to deduct tampered votes are
perpetrated on large scale or in substantial numbers,
the same shall be considered not as an ordinary
election offense under Section 261 of the omnibus

2S 2011-2012
24
election code. But a special election offense to be

known as electoral sabotage and the penalty to be
imposed shall be life imprisonment.
"The act or offense committed shall fall under the

category of electoral sabotage in any of the following
instances;
(1) When the tampering, increase and / or decrease

of votes perpetrated or the refusal to credit the
correct votes or to deduct tampered votes, is/are
committed in the election of a national elective office
which is voted upon nationwide and the tampering,
increase and/ or decrease votes refusal to credit the
correct votes or to deduct tampered votes, shall
adversely affect the results of the election to the said
national office to the extent that losing candidate/s is
/are made to appear the winner/s;
(2) Regardless of the elective office involved, when

the tampering, increase and/or decrease of votes
committed or the refusal to credit the correct votes or
to deduct tampered votes perpetrated , is a
accomplished in a single election document or in the
transposition of the figure / results from one election
document to another and involved in the said
tampering increase and/or decrease or refusal to
credit correct votes or deduct tampered votes exceed
five thousand (5,000) votes, and that the same
adversely affects the true results of the election ;
(3) Any and all other forms or tampering increase/s

and/ or decrease/s of votes perpetuated or in cases
of refusal to credit the correcp votes or deduct the
tampered votes, where the total votes involved
exceed ten thousand (10,000) votes;
"Provided finally; That any and all either persons or

individuals determined to be conspiracy or in
connivance with the members of the BEIs or BOCs
involved, shall be meted the same penalty of life

imprisonment." (Sec. 27)
Prosecution. - The Commission shall, through its duly

authorized legal officers, have the power, concurrent
with the other prosecuting arms of the government, to
conduct preliminary investigation of all election
offenses punishable under this Code, and prosecute
the same (Sec. 265)
Case Digest:
Propaganda materials
Petitioner entered into formal agreements with certain
establishments to endorse their products and for the
use his name and image. Then, he filed his
Certificate of Candidacy for the position of Senator.
COMELEC ordered the petitioner to remove his
billboards and to cover them from public view.
WON the order of the COMELEC is valid.
By regulating the use of election propaganda
materials, the COMELEC is merely doing its duty
under the law. If the subject billboards will be allowed,
he would have more opportunity to make themselves
known to the electorate, to the disadvantage of other
candidates who do not have the same chance.
(Chavez vs. COMELEC)
Election propaganda
Petitioner prayed that Sec. 12, R.A. 6132 be declared
unconstitutional for it declares unlawful to print and
publish any advertisement, paid comment or paid
article in favor of a candidate unless the names of all
other candidates are also mentioned with equal
prominence.
WON the Law is unconstitutional.The slight limitation
of the freedom of expression of the individual,
whether candidate or not, is only one of the many
devices employed by the law to prevent a clear and
present danger of the perversion and prostitution of
the electoral apparatus and of denial of equal
protection of the laws. (Badoy, Jr. vs. COMELEC)
_

2S 2011-2012
25
Petitioner participated in a motorcade after filing her

Certificate of Candidacy.
Won it is considered premature campaigning
A person who files a COC is not a candidate until the
start of the campaign period. A candidate is liable for
an election offense only for acts during the campaign
period, not before. (Penera vs. COMELEC)
_
Petitioners brought this action for prohibition to
enjoin the Commission on Elections from enforcing
5.4 of R.A. No. 9006 (Fair Election Act), which
provides:
Surveys affecting national candidates shall not
be published fifteen (15) days before an election and
surveys affecting local candidates shall not be
published seven (7) days before an election.
WON said provision is unconstitutional
The Court held that 5.4 is invalid because (1) it
imposes a prior restraint on the freedom of
expression, (2) it is a direct and total suppression of a
category of expression even though such
suppression is only for a limited period, and (3) the
governmental interest sought to be promoted can be
achieved by means other than the suppression of
freedom of expression. (SWS vs. COMELEC)

2S 2011-2012

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