Professional Documents
Culture Documents
*Suffrage
-It means the right to vote in an election of all officers chosen by the
people and in the determination of all questions submitted to the people.
*COMELEC
Powers and Functions
As provided in the Constitution
(A) Admin and Supervision of elections
(B) Promulgate rules and regulations
*Kinds of Elections
(A) General or Regular
(B) Special Election
*Does COMELEC have the power to cancel the canvass of election returns
of the Board of Canvassers?
-Yes. (Abante vs. Relato GR No. L6813/1953)
*Has the COMELEC the power to decide questions involving the right to
vote?
-This is expressly withheld from the COMELEC. (Nacionalista Party vs.
COMELEC).
*Does the COMELEC have the power to investigate and prosecute election
officers?
-Yes. A. Pimentel vs. COMELEC 98 SCAD 37 (1998)
*Does the fact that a person is registered as a voter in one district prove
that he is not domiciled in another district? Why?
-No. The fact that a person is registered as a voter in one district is not
proof that he is not domiciled in another voter in a place other that his residence
of origin is not sufficient to consider him to have abandoned or lost his residence.
(Marcita Mamba Perez vs. COMELEC, G.R. No. 133944, October 28, 1999
citing Faypon vs. Quirino, 96 Phil. 294). Well- settled is the rule that residence
is synonymous with domicile.
*Is there a constitutional right to run for or hold public office? Explain.
-None. What is recognized is merely a privilege subject to limitations
imposed by law. Section 26, Article II of the Constitution neither bestows such a
right nor elevates the privilege to the level of an enforceable right. There is
nothing in the plain language of the provision which suggests such a thrust of
justifies an interpretation of the sort.
-The equal access provision is not self- executing, and there is no
plausible reason for according a different treatment to the equal access
provision. Like the rest of the policies enumerated in Article II, the provision does
not contain any judicially enforceable Constitutional right but merely specifies a
guideline for legislative or executive action. The disregard of the provision does
not give rise to any cause of action before the courts. (Rev. Elly Pamatong vs.
COMELEC, G.R. No. 161872, April 13, 2004)
*Why does the law reserve the right to run for public office only to citizens
of the Philippines?
-This is so because the assumption is that those who are resident aliens
of a foreign country are incapable of such entire devotion to the interest and
welfare of their homeland for with one eye on their duties here, they must keep
another eye on their duties under the laws of the foreign country of their choice in
order to preserve their status as permanent residents thereof. (Caasi vs. CA,
G.R. No. 88831; COMELEC vs. Miguel, G.R. No. 84508, November 8, 1990).
*Can the election inspectors (Election Committee) pass upon the eligibility
of candidates during the counting of the votes?
-No. The duties of election inspectors are confined to the conduct of the
election, the counting of the votes, and the certification of the results in so far as
it relates to the properly certified candidates. The question as to the eligibility of a
candidate of office is one with which they have no authority to decide. (See
Caesar vs. Garrido , 53 Phil. 97).