ELECTION LAW

Election
-The means (process or system) by which the people (true sovereign) choose their officials (selection) for a definite and fixed
period (term of office) the exercise of the power of the government (legislative, executive).
Suffrage
-The right to vote (citizens participation)
1. In the election of all officers chosen by the people (general or special election).
2. In the determination of all questions submitted to the plebiscite or referendum, initiative, or recall.

*Suffrage is a broader term because it includes participation not only in the election of public officers but also in the plebiscite or
referendum on a proposed law enactment
*Election is limited to expression of voters choice in the selection of officials

Scope of Suffrage
Election
-Expression of the sovereign will of the people Involving the choice or selection of candidates to public office by the popular
vote
Plebiscite
-Election at which any proposed amendment to, or revision of the constitution is submitted to the people for their ratification
Referendum
-Submission of a law, passed by the national or local legislative body, to the registered voters at an election called for that
purpose for their ratification or rejection
Initiative
-Process whereby the registered voters directly propose, enact law (national, local)
Recall
-Method by which a public officer may be removed of tenure before the expiration of his term by a vote of the people after
registration of people of a petition signed by required percentage of the qualified voters.

Kinds of Election
1. GENERAL
-One provided for by law for the election of officers throughout the state, or certain subdivisions thereof after the expiration of
the full term of the former officers.
2. SPECIAL
-One provided by law under special circumstances such as when an election is held
a. to fill vacancy in the office
Death, resignation, permanent disability
b. OR when certain proposal is submitted to the vote of electors
-Referendum or plebiscite
System of Election Adopted in the Philippines
System Used: Australian system
Conceived By: Francis S. Dutton, (1818-1877) MP of South Australia
Feature: Strict secrecy in balloting
Legal Basis: Sec. 2 Art V 1987 The congress shall provide a system for securing the secrecy and sanctity of the ballots.

Theories on Suffrage
In General
Natural Right
- Inherent right of every citizen, by virtue of his membership in the state, who is not disqualified by reason of his own
reprehensible conduct or unfitness
- This view dominated USA and France political thought in the 18th century
Social Expediency
- Public officer or functions, conferred upon those fit and capable of discharging it
- Not right, but duty enjoined upon some citizens
Tribal
- Suffrage is a necessary attribute, of membership in the state
- Not a natural right but accrues only when one became member of the state
Feudal
- Vested privilege, usually accompanying the ownership of the land
- Before in most US states only Caucasian males who owned at least 50 acres of land
Ethical
- Necessary and essential means, for the development of the society
- Indicative of political maturity

In the Philippines
A Right
- Expression of the sovereign will of the people
- Sec I Art II of 1987 Constitution
The Philippine is a democratic and republican state. Sovereignty resides in the people and all the government authority
emanates from them
A Privilege
- Not granted to everybody but to such persons as are most likely to exercise it for the common good
- Sec I Art V, 1987 Constitution
Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least 18 years of
age, and who shall have resided in the Philippines for at let 1 year and in the place wherein they propose to vote for at
least 6 month immediately preceding the election
 A Duty
- Which every citizen owes his country
- Sec 4 BP 881
It shall be the duty of every citizen to register and cast his vote
- Sec 4 Art V 1973 Constitution
It shall be the obligation of every citizen qualified to vote and register and cast their vote
Comparative Provisions on Suffrage
1935 Constitution
SEC 1 Art V -A Suffrage may be
exercised by male citizens of the
Philippines not otherwise disqualified by
law, who are twenty one years of age or
over and are able to read and write, and
who shall have resided in the Philippines
for one year and in the municipality
wherein they propose to vote for at least
six months preceding the election. The
National Assembly shall extend the right
of suffrage to women, if in a plebiscite
which shall be held for that purpose within
two years after the adoption of this
Constitution, not less than three hundred
thousand women possessing the
necessary qualifications shall vote
affirmatively on the question.
Male citizens only
21 years of age
At least 1 year Phil. 6 months place
to vote
Able to read and write
1973 Constitution
Sec 1 Art VI -A Suffrage shall be
exercised by citizens of the Philippines
not otherwise disqualified by law, who
are eighteen years of age or over, and
who shall have resided in the Philippines
for at least one year and in the place
wherein they propose to vote for at least
six months preceding the election. No
literacy, property, or other substantive
requirement shall be imposed on the
exercise of suffrage. The Batasang
Pambansa shall provide a system for the
purpose of securing the secrecy and
sanctity of the vote.
Citizens (no distinction)
18 years of age
At least 1 year Phil. 6 months place
to vote
No literacy or property requirement
1987 Constitution
Sec 1 Art V -A Suffrage may be
exercised by all citizens of the Philippines
not otherwise disqualified by law, who
are at least eighteen years of age, and
who shall have resided in the Philippines
for at least one year, and in the place
wherein they propose to vote, for at least
six months immediately preceding the
election. No literacy, property, or other
substantive requirement shall be imposed
on the exercise of suffrage.
All citizens (no distinction)
At least 18 years of age
At least 1 year Phil. 6 months place
to vote
No literacy or property requirement
Requisites for the Exercise Of Suffrage
Qualification (Sec 1 Art V, Constitution)
a. All citizens of the Philippine
Liens not included
b. Not otherwise disqualified by law
Some disqualification for registration of votes
c. Who are at least 18 years of age
lowered to 18 from 21 years of age in the 1935 Constitution
d. And who shall have resided in the Philippines for at least 1 year and in the place wherein they propose to vote for at least 6
months immediately preceding the election

Disqualification (Section 118 Art XII BP 881)

a. Any person who has been sentenced by final judgment to suffer imprisonment for not less than one year
- Unless granted plenary pardon or granted amnesty.
- It may be automatically reacquired 5 years after service of sentence
b. Act involving disloyalty against national security
Treason, insurrection, rebellion, sedition, and firearm laws.
c. Insane or incompetent persons as declared by competent authority
Those that are deprived of reasons

Registration
a. Sec 10 RA 8189
- A qualified voter shall be registered in the permanent list of voters in a precinct of the city or municipality wherein he resides
to be able to vote in any election.
b. Sec 6(2) RA 9189
- Qualified citizens of the Philippines abroad who failed to register under Republic Act No. 8189, otherwise known as the "The
Voters Registration Act of 1996", may personally apply for registration.....
c. Sec 4 BP 881
- It shall be the obligation of every citizen to register and cast his vote.
d. Sec 4 Art V, 1973 Constitution
- It shall be the obligation of every citizen qualified to vote to register and cast his vote.

No Further Qualifications
a. No literacy ability to read and write
b. Property objection against the feudal theory
c. Other substantive requirement
 PRE-ELECTION ELECTION PROPER POST-ELECTION
-Registration Casting of votes -Counting of votes
-Challenge Challenge of illegal votes -Board of elections inspectors
-Inclusion Records of challenges and oaths -Appreciation of ballots
-Exclusion -Minute of voting and counting of votes -Election returns
-Voters qualification -List of unused ballots -Announcement of result and issuance
-Certificate of candidacy of certificate of votes received
-Watchers -Canvass and proclamation
-Election campaign -Pre-proclamation controversy
-Election propaganda -Election protest against proclaimed
candidate
-Original and exclusive jurisdiction
-Appellate jurisdiction
-Requisite of election protest
-Quo warranto, its requisites
-Election offenses
-Appeal

Relevant Laws in Registration

BP 881, December 3, 1985 - Omnibus Election Code
RA8189, June 11, 1996 - Voter Registration Act of 1996
RA 9189, February 3, 2003 - Oversea Act Of 2003
RA 10367, February 15, 2015 - Mandatory Biometrics Voters Registration

Registration of Voters
Rationale
-As a means of determining who possess the qualifications of voters
-Requires the examination of the claim of persons to vote on the ground of possessing these qualifications
-Regulating the exercise of the right to vote reasonable and convenient means
Necessity
-Registration is essential to the exercise of the right to vote.
-It is a part and parcel of the right to vote
-Indispensable element in the election process
Duty to Register
SEC 4 BP 881
- It shall be the obligation of every citizen qualified to vote to register and cast his vote.
SEC 115 BP 881 DEC 3, 1985
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

Registration
a. accomplishing and filing for registration; must be under oath
b. by qualified voter;
- Filipino,
- Not disqualified by law,
- At least 18 years of age,
- At least 1 year Phil, place to vote at least 6 months immediately preceding election
c. before election officer of city or municipality wherein he resides
d. including the same in the book of registered voters - completer the process of registration, now considered registered voter
e. approval by election registration board hearings quarterly;

Continuing Registration
SEC 3 RA 8189
Personal filing of application of registration of voters shall be conducted daily in the office of election officer during regular
office hours b. no registration shall, however, be conducted during the period starting 120 day before a regular election and
90 day before special election

Mandatory Biometric Capture

RA 10367
Marcos Yra v. Maximo Abano
Facts:
Maximo Abano is a native of the municipality of Meycauayan, Bulacan. At the proper age, he transferred to Manila to complete his
education. While temporarily residing in Manila, Abano registered as a voter there. Shortly after qualifying as a member of the bar
and after the death of his father, Abano returned to Meycauayan to live. From May 10, 1927, until the present, Abano has
considered himself a resident of Meycauayan. When the 1928 elections were approaching, he made an application for cancellation
of registration in Manila which was dated April 3, 1928, but this application was rejected by the city officials for the reason that it
was not deposited in the mails on or before April 4, 1928. Nevertheless Abano presented himself as a candidate for municipal
president of Meycauayan in the 1928 elections and was elected by popular vote to that office.

Held:
The Committee of the Philippine Assembly reached the conclusion that the words "qualified elector" meant a person who had all of
the qualifications provided by law to be a voter and not a person registered in the electoral list (Taken from Villamor's Tratado de
Elecciones, 2d ed., p. 156). So also the Executive Bureau has been of the opinion that the term "qualified" when applied to a voter
does not necessarily mean that a person must be a registered voter

AKBAYAN YOUTH VS. COMELEC

Facts:
Petitioner Akbayan Youth seek to direct the Commission on Elections (COMELEC) to conduct a special registration before May
2001 General Elections for new voters ages 18 to 21. According to petitioners, around four million youth failed to register on or
before the December 27, 2000 deadline set by the respondent COMELEC under Republic Act No. 8189.
A request to conduct a two-day additional registration of new voters on February 17 and 18, 2001 was passed but it was denied by
the COMELEC. Section 8 of Republic Act No. 8189 explicitly provides that no registration shall be conducted during the period
starting one hundred twenty (120) days before a regular election and that the Commission has no more time left to accomplish all
pre-election activities.

Issue:
Whether or not the Court can compel respondent COMELEC, to conduct a special registration of new voters during the period
between the COMELECs imposed December 27, 2000 deadline and the May 14, 2001 general elections.

Held:
The Supreme Court could not compel Comelec to conduct a special registration of new voters. The right to suffrage is
not absolute and must be exercised within the proper bounds and framework of the Constitution. Petitioners failed to register, thus
missed their chance. However, court took judicial notice of the fact that the President issued a proclamation calling Congress to a
Special Session to allow the conduct of special registration for new voters and that bills had been filed in Congress to amend
Republic Act No. 8189
ATTY. Romulo b. Macalintal v. COMELEC
Facts:
Before the Court is a petition for certiorari and prohibition filed by Romulo B. Macalintal, a member of the Philippine Bar, seeking a
declaration that certain provisions of Republic Act No. 9189 (The Overseas Absentee Voting Act of 2003) suffer from constitutional
infirmity. Claiming that he has actual and material legal interest in the subject matter of this case in seeing to it that public funds
are properly and lawfully used and appropriated, petitioner filed the instant petition as a taxpayer and as a lawyer

Issue:
Does Section 5(d) of Rep. Act No. 9189 allowing the registration of voters who are immigrants or permanent residents in other
countries by their mere act of executing an affidavit expressing their intention to return to the Philippines, violate the residency
requirement in Section 1 of Article V of the Constitution?

Held:
It is in pursuance of that intention that the Commission provided for Section 2 immediately after the residency requirement of
Section 1. By the doctrine of necessary implication in statutory construction, which may be applied in construing constitutional
provisions,[37] the strategic location of Section 2 indicates that the Constitutional Commission provided for an exception to the
actual residency requirement of Section 1 with respect to qualified Filipinos abroad. The same Commission has in effect declared
that qualified Filipinos who are not in the Philippines may be allowed to vote even though they do not satisfy the residency
requirement in Section 1, Article V of the Constitution.
That Section 2 of Article V of the Constitution is an exception to the residency requirement found in Section 1 of the same Article