November 5, 2015

Legend:

Black From ppt slides

Blue Transcript of Attys discussion
Red dili maklaro sa recording

Part I

o
o
o

o
o

Definition
Kinds of election
Elective officials
Qualifications
Term of office
Succession
Date of Elections
Postponement
Failure

- How do you define election? You know what, its very strange but the Omnibus Election
Code or any other election law for that matter does not define election.
- So where do we get the definition of election? The Constitution does not also define
election. Where do we get the definition? In jurisprudence.
How do you define election?

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 government.
- This was actually taken from a 1918 landmark case. This is a classic definition of election
because each and every phrase there actually touches every step in election.
What are the means to choose officials?

Either manual or automated system.

- Have you tried manual in barangay elections? You really write down the name of the
candidate. The challenge there is how to appreciate the ballot. Kay duna may mga
illiterate, dili kasulat. Ex. Legaspi mahimo nang Ligas, does it count? You will know later.
- By the way, our automated system actually started in 1998 as a pilot experiment in ARMM
(Autonomous Region in Muslim Mindanao). It was tested twice before it became
nationwide in 2010.
What is the basis for the phrase people choose their officials?

It is based on the sovereign will or power of the people.

- What do we understand by sovereign? Supreme power.
What does the phrase for the time being mean?

It means power is and should be temporary.

- Who here comes from a family of politicians? By the way, when I said Im very
opinionated, please note that my statements are not absolute. So when I say politicians
are corrupt, Im not saying that every politician is corrupt. You learned that in your Consti
Law that if you are in public office, do not be onion-skinned because you are always
subject to public statement(?05:40), and your defense there is only a clean conscience. If
your conscience is clean, you will not be disturbed because thats the price you have to pay
for being in a public office.
What does the phrase definite and fixed period mean?

It refers to the term of office, which means a fixed and definite period of time which the law
describes that an officer may hold an office.
- There is a start and end of office. But unfortunately, some politicians cannot accept the
end of office.

It is the time during which an officer may claim to hold office as a matter of right, and fixes
the interval after which the several incumbents shall succeed one another.
- Take note as a matter of right - because they are elected into office.

How is election defined in its ordinary or common use?

It is voting which includes the act of receiving and casting the ballots, counting them and
making the return.
- Thats what you understand by election, right? You get a ballot, you write there the
names, return, and it will be counted. By the way, take note, voting is the word. Theres no
such thing as votation. If you write that in your answer, minus 1.
How is election defined within the context of the Constitution?

It refers to the conduct of polls including registration, campaign, casting, counting and
canvassing of votes.
- So take note that under the context of the Constitution, election is not only the election
day. It includes preparations prior to elections and even after elections. Voters registration
is part of elections, which just ended last October 31.
How was this illustrated in the case of Taule vs. Santos?
Facts:

The Secretary of Local Government nullified the election of federation officers on ground of
irregularity.
It was argued that the jurisdiction over election contests involving election of federation
officers belongs to COMELEC.
- Are you familiar with this election of federation officers? SK, diba? SK Barangay chaiman
Like for example there are 20 barangays, these SK chairs will meet and choose the
president. Thats the federation officers.
Held:

The jurisdiction of the COMELEC is limited to popular election only, which is the
embodiment of the popular will, the expression of the sovereign power of the people.
- In other words, the Comelec has no jurisdiction over election of federation officers. So if
you choose your SKF president, or ABCs (Association of Barangay Councils) president, if
you do that, the Comelec has no jurisdiction. What is the role of Comelec? Only as
observer or supervisor.

It involves the choice or selection of candidates to public office by popular vote as opposed
to election of federation officers.

In Constitutional context, it is the conduct of polls, including registration, campaign, casting,

counting and canvassing of votes.

None of these characterizes the federation election.

- A distinction between election of federation officers and popular elections federation
election belongs to DILG, popular election belong to Comelec.
How is this illustrated in the case of Javier vs. COMELEC?
Facts:
Javier challenged the proclamation of Pacificador by the Comelec Second Division on the
ground that it should be done by the en banc pursuant to the Constitution.
Pacificador argued that at the time the complaint was filed, it was still in the nature of a preproclamation controversy hence may be resolved by a division in the exercise of its
administrative power to enforce election laws relative to election, return and qualifications.
Held:

Under the Constitution, the term election should be interpreted in its totality, that it refers
to the conduct of the polls, registration of voters, campaign, and the casting and counting of
votes.
- Take note that these cases are only cited for purposes of defining elections.

In making the Comelec the sole judge of all contests involving the election, returns and
qualifications of Members of Congress, the Constitution intended to give it full authority to
hear and decide these cases from beginning to end and on all related matters, including
those arising before the proclamation of winners.
- This actually highlights how broad the powers of Comelec are during elections. The
Comelec is so powerful during elections. As a matter of fact, it is so unique that it is the
only government agency that has that wide variety of powers. It can legislate, it can
execute, and it also exercises quasi-judicial functions. Practically every government power
belongs to Comelec, but only during election. Outside election period, were nothing.

What is the purpose of elections as enunciated in Lino Luna vs. Rodriguez?

The purpose of elections in a democratic society 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.
- Direct participation, because its a democratic country.
- Its not only about choosing officials but also deciding on issues of public interest. Where
do we do that? Referendum, plebiscite.
How is the purpose of election laws illustrated in Rulloda vs. Comelec?
Facts:

A widow substituted her deceased husband as candidate for punong barangay and
obtained the highest number of votes. But it was voided because substitution is not allowed
in barangay elections, it being non-partisan. As such, there is no political party from which a
substitute is designated.
Held:

The absence of provision for substitution in barangay elections does not mean it is
prohibited. Such interpretation ignores the purpose of election laws which is to give effect
to, rather than frustrate, the will of the voters.
- That last line there is the thing you should remember from this case the purpose of
elections laws is to give effect, rather than to frustrate the will of the voters. In other words,
technicalities aside, let us respect the will of the people.
- Because here in this case, the husband ran for public office barangay captain or
punong barangay (thats another term. Actually when you say barangay captain, it has no
basis in law because the law says punong barangay) died. He was substituted by the
widow. Question was the widow did not file a Certificate of Candidacy (CoC), she merely
wrote the Law Department of the Comelec that she is substituting her dead husband. But
the Comelec liberalized. The Law Department said its okay, your letter will be treated as
your CoC and she won. She obtained the highest number of votes. The one who lost is
now saying that she is not a legitimate candidate because she did not file a CoC. Correct.
But the SC here said: technicalities aside, (16:45 di jud maklaro iyang gisulti.)
- Thats an old law ha. Do not consider that as precedent. Im giving you this only to
emphasize that technicalities aside, we should respect the will of the sovereign.
- So what happened there was kato, ni-file sya ug disqualification because the widow did
not file a CoC, she was not a legitimate candidate. But Comelec said: let us liberalize
(17:20). And theres another argument that she cannot substitute her dead husband
because there is no political party to speak of in barangay elections. But SC said: there is
no prohibition in the barangay elections for substitution.
- Question: Can Duterte still run as a substitute? Yes, he can if he will replace the one who
filed the CoC for president under PDP-Laban until December 10. After December 10, no
more chance.
How are election laws construed?
Facts:

A candidate for governor was disqualified because he did not reacquire his Filipino
citizenship at the time he filed his CoC and at the time of election.
Held:

Citizenship need not be possessed at the time of filing of CoC or election, but must be at
the start of term.
In case of doubt, election laws are liberally and equitably construed in favor of the
sovereign will.
In applying election laws, it would be far better to err in favor of popular sovereignty than to
be right in complex but little understood legalisms. (Frivaldo vs. Comelec)
- What happened there was Frivaldo was a Filipino citizen, right? Then he renounced his
citizenship because he did not like Marcos. He went to the United States, went back and
ran and was governor twice. Walay problema ang first two. On the third time, he was
sought to be disqualified on account that at the time he filed his CoC, yet even at the time
of election, he was not yet a natural-born Filipino. He was not able to reacquire his Filipino
citizenship. SC here said that it doesnt matter because citizenship need not be possessed
at the time of filing of CoC, but at the start of the term. At the start of the term, he was
already a natural-born Filipino. He already reacquired his status.
- And here in this case, 20,000 votes separated Frivaldo over his opponent, and yet that
person still filed a petition to disqualify Frivaldo. 20,000 plurality na.. the best you can do
is give up or concede because the people have spoken they dont like you, why are you
capitalizing on technicalities?
- So here, SC said: in case of doubt, election laws are liberally and equitably construed in
favor of the sovereign will.
- Im so in love with this one-liner: it would be far better to err in favor of popular
sovereignty than to be right in complex but little understood legalisms.
-You should remember this case because it encapsulates this concept - that laws should
be liberally and equitably construed in favor of the sovereign will.
- But take note that this case belongs to a league of its own. IT is not a precedent. Because
today, we are very strict that at the time of the filing of the CoC, you must be a natural-born
Filipino citizen if you run for Senator to President. Otherwise, you will be disqualified.
- So do not use this as a precedent. This is cited only to highlight how election laws should
be construed.

How are election laws construed?

Facts:

The proclamation of a mayor was nullified by the lower court on account that he won
through significant badges of fraud like mismatch of key to the padlocks, empty ballot
boxes, boxes without election returns, delay in counting due to brownout, absence of
watchers during counting.
- Here, the mayor was proclaimed, but the loser went to the Regional Trial Court to nullify
the proclamation. RTC said: we will nullify the proclamation because the victory was tainted
with significant badges of fraud. But take note that here, the winner obtained a plurality of
17,000 votes, and yet he is now invoking significant badges of fraud. And this is very
common - mismatch of key to the padlocks, empty ballot boxes, boxes without election
returns, delay in counting due to brownout (basin giusab sa Comelec ang sulod pag
brownout), absence of watchers during counting (sala ba diay sa Comelec na walay
watchers?).
Held:

These did not affect the integrity of the ballots.

- These are just formal defects that do not necessarily affect the integrity of the ballots. But
these are common complaints against the Comelec.

Election contests involve public interest and technicalities should not impede the
determination of the true will of the people (Carlos vs. Angeles)
- So decision of the lower court to nullify the proclamation was itself nullified by SC
because the RTC has no jurisdiction to nullify the proclamation and the significant badges
of fraud are baseless.
- Watchers are not prepared to perform the obligations of a watcher inside the polling
place. Not prepared meaning they dont understand what theyre doing, they dont know
their rights and duties. Kani kay maldito, kani kay dako these are not the credentials for a
watcher. Because a watcher is there to articulate in writing a protest against any irregularity

inside the polling place. Later youll know that the duty of a watcher in the polling place is
very crucial. Because if the watcher omits a particular duty that is required by law, that is
lost forever. The watcher should put into writing anything (27:08) and forward that to the
lawyer so that the lawyer can use that as basis for election protests. Without that, the
election protest is baseless.
What are the kinds of election?

Regular election refers to one provided by law on such dates at regular intervals for the
election of officers either nationwide or in certain subdivision.
- Our Presidential elections in May 2016 is a regular election. The (28:03) election in 2013
and 20__ is a regular election because there is an interval period of time.

Special election refers to one held to fill a vacancy before the expiration of the full term
for which the incumbent was elected. It is also held when there is failure of election.
- For example, if a congressman dies, what happens next? Special election. But if the
mayor dies, theres no special election, but succession.
Is the Sangguniang Kabataan election regular or special?

Neither, based on the definition of a regular and special election.

- So if it is not regular or not special, what is it?
Paras vs. Comelec
Facts:
- (29:53) was subject of a recall election which was scheduled to (29:58) the SK elections,
which also falls in the second year of term of office.
- Theres a recall election, right? But it cannot be a recall election within a year from
assumption of office or within a year towards the next election. In other words, you can only
do that, in the second year of the term. But what happened there was the barangay
election was scheduled within a year prior to the SK election and it falls on the second
year. So if that happens, you can no longer file a recall election at anytime if the SK
election falls on the second year. So that is why because of that legal impediment, the SK
election was reclassified into something that is neither regular nor special. So what is the
SK election?
Held:

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.

Thus, the next regular election must refer to one where the office of the official sought to be
recalled is contested.

The SK election is not a regular election because its members do not even possess
suffrage under the Constitution.

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.
- The jurisdiction does not even belong to the Comelec before it belongs to the DILG. And
the members there are not even allowed to exercise suffrage under the Constitution.

November 7, 2015
What are the requisites of special election after failure of election in Lucero vs. Comelec?
Facts:
Two candidates for district representative were separated by a mere 175 votes. But no
election was done in one polling place with 213 voters due to ballot snatching. But the
leading candidate questioned the authority of the Comelec to call for a special election after
almost two years.
Held:

There are two requisites for holding a special election:

One, there is failure of election. Two, such failure affects the results of the election.
Since the 175 votes separate them, the 213 votes in the polling place where election failed
could still affect the results of the election.
Hence, it is still statistically probable for the special election to affect or change the final
result of the election.
The delay is not attributable to the voters of the polling place where election failed but to
the legal maneuvers of parties.
Thus, the holding of the special election almost two years after the regular elections is still
reasonably close to the date of election not held.
What are the systems of election?
Manual system of election
Automated Election System (AES)
How did Loong vs. Comelec answer whether there can be manual count during
automated election?
Facts:

During the first automated election in ARMM, the counting machines in the Province of Sulu
could not accurately read the official ballots because the ovals opposite the names of
candidates were misaligned.

In 5 municipalities, the official ballots were rejected because of incorrect sequence codes.

Thus, Comelec ordered a manual count which was opposed on the ground that under the
automation law, automated counting is mandatory. The remedy is not manual count but
replacement of defective counting machines.
Held:

Manual counting during automated election is not prohibited by law.

The Constitutional grant of the power to enforce and administer all laws and regulations
relative to the conduct of election is so broad as to cover all the necessary incidental
powers for it to achieve the objective of holding a free, orderly, hones, peaceful, and
credible election.
What is the constitutional basis for election?

Article II, Section 1, 1987 Constitution:

The Philippines is a democratic and republican State. Sovereignty resides in the people
and all government authority emanate from them.
Who are elective officials?

1 President

1 Vice-President

12 Senators

1 House Representative per legislative district

1 Governor per province

1 Vice-Governor per province

2 SP Members per legislative district*

1 ARMM Governor

1 ARMM Vice-Governor

3 ARMM Assemblymen per assembly district

1 Mayor per city and municipality

1 Vice-Mayor per city and municipality

12/10/8 SP Members per city*

For the May 9, 2016 elections:

1 President
1 Vice-President
12 Senators
238 House Representatives
81 Governors
81 Vice-Governors
776 SP Members
145 City Mayors
145 City Vice-Mayors
1,624 SP Members
1,489 Municipal Mayors
1,489 Municipal Vice-Mayors
11,916 SB Members
1 ARMM Regional Governor
1 ARMM Regional Vice-Governor
24 ARMM Assemblymen
18,083 contested seats

Is there a Cordillera Autonomous Region according to Ordillo vs. Comelec?

Facts:
In a plebiscite, the people of the Cordillera region rejected autonomy, except the Province
of Ifugao. Thus, the Comelec resolved that it now compose the Cordillera Autonomous
Region.
Held:
A sole province cannot constitute an autonomous region which should be interpreted in its
common use and ordinary meaning, which presupposes two or more provinces as shown in
the 13 regions composed of contiguous provinces into which the country is divided for
administrative purposes.
How is the President elected? How long is his term of office and is there a limit to it?

Article VII, Section 4(1), 1987 Constitution:

The President and the Vice President shall be elected by direct vote of the people for a
term of six years which shall begin at noon on the thirtieth day of June next following the
day of the election and shall end at noon of the same date six years thereafter. The
President shall not be eligible for any reelection. No person who has succeeded as
President and has served as such for more than four years shall be qualified for election
to the same office at any time.
What does the phrase direct vote mean?

It means the president is elected by popular vote of the people for a term of six years.
How is it different from the election of president and vice president in the United States?

Americans do not directly elect their president and vice president.

Technically, they pick electors in an Electoral College.

538 Electoral College votes are distributed among the 50 states and the District of
Columbia.

Ohio 18
Georgia 16
Michigan 16
North Carolina 15
The candidate, who gets the popular vote in each state, wins all its Electoral College votes.

Except in Maine and Nebraska, which use a tiered system

To win, the candidate needs at least 270 Electoral College votes
Argument for Electoral College system: it avoids concentration of power under the
hands of urban populations.

Argument against: does not reflect the national will. In 2000, Gore won the popular vote
but Bush won 271 after he was deemed to have taken Florida.
What does the sentence The President shall not be eligible for any reelection. Mean?

It means the presidency is a once in a lifetime opportunity. He cannot be reelected either

immediately after his term of office or after an interval of two or more terms.
But why was Joseph Estrada allowed to run in 2010 after having been elected in 1998?

The Comelec said that the provision applies to incumbent presidents only.

It said the better policy approach is to let the people decide who the next president is.

For on political questions, this court may err but the sovereign people will not.
What did the Supreme Court say in Pormento vs. Estrada?

It declined to exercise its power of judicial review.

Since Estrada already lost in the elections, the issue of whether he can still run has
become moot and academic.

It is no longer justiciable.
What is the difference of effects of succession on term limit between the vice president
and the vice mayor enunciated in Borja vs. Comelec?
Facts:

A vice-mayor succeeded the mayor who died. He was elected mayor twice in a row. He ran
again as mayor but was opposed on the ground that he already served 3 consecutive terms
as mayor.

Article VII, Section 4 provides for succession of the Vice-President as President in the
event of vacancy where it says the President shall not be eligible for any reelection.

Then it says that 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.
By analogy, the vice-mayor should likewise be considered to have served a full term as
mayor if he succeeds to the latters office and serves for the remainder of the term.
The framers of the Constitution included such a provision because, without it, the VicePresident, 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, Section 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 threeterm limit on local elective officials, disregarding for this purpose service by automatic
succession.
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 LGC, 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.
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.
Succession of the vice-president to the presidency for more than 4 years is counted
as one term whereas succession of the vice-mayor to the mayorship is not counted
as one term for the purpose of determining term limit.

How is the Vice-President elected, how long is his term of office and what are his
qualifications?

Article VII, Section 3, 1987 Constitution:

There shall be a Vice-President who shall have the same qualifications and term of office
and be elected with and in the same manner as the President. He may be removed from
office in the same manner as the President.
What is the term limit for the Vice-President?

Art. VII, Sec. 4, 2nd par., 1987 Constitution:

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.
How is voluntary renunciation defined in Aldovino vs. Comelec?

It is an act of surrender based on the free will or loss of title to office by free choice. It is an
act of abandonment that emanates from the author.
Does preventive suspension interrupt the term of office?

No. Preventive suspension does [not?] involve loss of title hence it cannot interrupt the term
of office.
How do you illustrate the sentence 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.?

Joseph Estrada assumed the presidency on June 30, 1998. But he was forced by People
Power II to step down on January 20, 2001.

Thus, he served for only 2 years and 6 months, leaving a balance of 3 years and 6 months
from his 6-year term as president.

Gloria Arroyo succeeded and served for 3 years and 6 months. Since she did not serve for
more than 4 years, she was able to run and win the presidency in 2004.

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.
Is this rule absolute?
No, because it may be done through election.

Article IV, Section 2, 1987 Constitution:

Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof
shall be deemed natural-born citizens.
Article IV, Section 1(3), 1987 Constitution:
Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship
upon reaching the age of majority;

How is this illustrated in Fornier vs. Comelec?

Facts:
FPJ ran for President but he was sought to be disqualified because he is not a natural-born
Filipino, his parents are both foreigners.
His father could not be Filipino because his grandfather was a Spanish subject.
Even if his father was a Filipino, he could not have transmitted his Filipino citizenship to his
son FPJ because the latter is illegitimate.
Held:

The grandfather would have benefited from the en masse Filipinization that the Philippine
Bill had effected in 1902.

Having acquired Filipino citizenship, the grandfather extended it to his son, who is the
father of FPJ.

Art. IV, Section 1(3) of the 1935 Constitution:

The following are citizens of the Philippines:

(3) Those whose fathers are citizens of the Philippines.

Since FPJ has first seen light under the 1935 Constitution which confers citizenship to all
persons whose fathers are Filipino citizens regardless of whether such children are
legitimate or illegitimate, he is a natural-born Filipino because he did not need to perform
any act to acquire or perfect his Filipino citizenship.
How is residence treated under election laws?

Residence is synonymous with domicile.

How is this illustrated in the case of Imelda Marcos vs. Comelec?
Facts:
A candidate for district representative wrote in her CoC seven months as her period of
residence in the constituency where she seeks to be elected preceding the election.
She was sought to be disqualified for failure to comply with the one-year residency
requirement because she briefly stayed in the constituency and resided and even voted in
different places for four decades.
Held:

It is the fact of residence, not a statement in the Certificate of Candidacy, that is decisive
whether an individual satisfies the residency requirement.

Domicile means the individuals permanent home, a place to which whenever absent for
business or pleasure, one intends to return.

An individual does not lose his domicile even if he has maintained several residences for
different purposes over a long period of time.

If none of these purposes point unequivocally to an intention to abandon her domicile of

origin, she retains it.