Election Law
Nov.15
1.) How is the President elected?
- The President is elected at large by direct
vote for a term of 6 years. He is not eligible
for any re-election.
2. )The President shall not be eligible for any re-
election what does it mean?
- The presidency is a once in a lifetime
opportunity. He cannot be re-elected after
his term.
3.) Pormento v Comelec case
- Estradas running for re-election is moot and
academic since he lost the 2010 Elections
already
4.) What is transcendental importance?
- The rule on standing (locus standi) is a
matter of procedure, hence, can be
relaxed for non-traditional plaintiffs like
ordinary citizens, taxpayers, and legislators
when the public interest so requires, such as
when the matter is of transcendental
importance, of overreaching significance to
society, or of paramount public interest.
5.) What if Estrada won the election, what could
have been the decision of the SC?
- 14.) Who is a natural born citizen?
6.) Missing element in the petition filed by
Pormento?
- Temporary restraining order or preliminary
injunction
7.) Becoming President happens only once in a
lifetime?
- General Rule is Yes. Exception: Succession
upon the incapacity, death, resignation, or
removal from office of a sitting president.
8.) Does it apply to succession only or by election?
- It applies to both. The Constitution explicitly
provides 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. So either by succession or by
election, if he/she has served for more than
4 years, he cannot anymore be elected as
President.
9.) What are the qualities of a President? Does it
apply to Vice President?
- Natural born citizen, able to read and write,
a registered voter, 40 years of age on the
day of election, and a resident of the
Philippines for at least 10 years, immediately
preceding the elections.
- Article 7, Sec. 3 says that the Vice President
must bear the same qualifications as the
President.
10.) Who are citizens?
- Citizens at the time of the adoption of the
Constitution
- Fathers or mothers are citizens of the
Philippines
- Born before January 17, 1973, of Filipino
mothers, who elect Philippine Citizenship
upon reaching the age of majority
- Naturalized in accordance with law
11.) Fornier v Comelec
12.) How did the SC resolved issue on legitimacy?
- The Constitution did not distinguish between
an illegitimate child and a legitimate child
13.) Does not make a distinction whether legitimate
or illegitimate, expound this.
- As long as one can prove paternal filiation
that one is a son of his father, then it
wouldnt matter if he/she is legitimate or not.
- Natural born citizens are citizens of the
Philippines from birth without having to
perform any act to acquire or perfect their
citizenship, except those born before
January 17, 1973 of Filipino mothers who
elect Philippine citizenship upon reaching
the age of majority.
15.) What is the main contention against the
citizenship of FPJ?
- His parents are foreigners: Father Spanish;
Mother American
16.) Is it enough for 1 parent to be a Filipino?
- Yes. The 1987 Constitution provides that one
can be considered a Citizen if his father OR
mother is a Filipino.
17.) The father of FPJ was he Filipino or Filipinized?
- The Father of FPJ was Filipino. Tracing
respondents paternal lineage, his
grandfather Lorenzo, as evidenced by the
latters death certificate was identified as a
Filipino Citizen. His citizenship was also drawn
from the presumption that having died in
1954 at the age of 84, Lorenzo would have
 been born in 1870. In the absence of any
other evidence, Lorenzos place of
residence upon his death in 1954 was
presumed to be the place of residence prior
his death, such that Lorenzo Pou would
have benefited from the en masse
Filipinization that the Philippine Bill had
effected in 1902. Being so, Lorenzos
citizenship would have extended to his son,
Allanrespondents father.
18.) How did the 1935 Constitution treat illegitimate
children insofar as citizenship is concerned?
- The 1935 Constitution did not distinguish or
make a distinction between legitimate or
illegitimate children.
19.) Does the 1935 Constitution define who is a
natural born citizen?
SECTION 1. The following are citizens of the
Philippines:
(1) Those who are citizens of the Philippine Islands
at the time of the adoption of this Constitution.
(2) Born in the Philippine Islands of foreign parents
who, before the adoption of this Constitution, had
been elected to public office in the Philippine
Islands.
(3) Whose fathers are citizens of the Philippines.
(4) Whose mothers are citizens of the Philippines
and, upon reaching the age of majority, elect
Philippine citizenship.
(5) Naturalized in accordance with law.
20.) Did FPJ do something to attain filipino
citizenship?
- No, he did not. He acquired his citizenship
through his father.
21.) Natural born citizen do not have to do
anything to acquire citizenship, is that absolute
under the1987 constitution?
- No, it is not. That is the general rule. The
exception is if one wants to elect Philippine
citizenship. (repatration- mere formality)
22.) Poe v Comelec
23.) What does International Law says about
foundlings?
- UDHR, UNCRC, ICCPR: Obligation of a state
to grant nationality from birth and ensure
that no child is stateless.
24.) Philippines not a signatory of the treaties, how
did the SC justified that?
- While the right to nationality is declared as a
fundamental human right by the Universal
Declaration of Human Rights and some
international conventions, its specific
application on foundlings is still a matter of
State prerogative and discretion. A State
has the exclusive prerogative to determine
who its citizens are, which may be limited
only by international obligations that the
State itself has assumed in International Law.
25.) Marcos v Comelec case
26.) Meaning of domicile
- Domicile means a legal residence which is
the place where a person has fixed dwelling
with an intention of making it his/her
permanent home.
- Requisites: Physical Presence, Intent to
remain permanently
27.) Kinds of domicile
- Origin: domicile of parents of a person at
the time he/she was born
- Choice: chosen by a person, changing his
domicile of origin
- Operation of law
28.) Which kind of domicile does Marcos belong?
- Origin
29.) What happened after she married Ferdinand?
- In 1954, she married late President Ferdinand
Marcos when he was still a Congressman of
Ilocos Norte and was registered there as a
voter. When Pres. Marcos was elected as
Senator in 1959, they lived together in San
Juan, Rizal where she registered as a
voter. In 1965, when Marcos won
presidency, they lived in Malacanang
Palace and registered as a voter in San
Miguel Manila. She served as member of
the Batasang Pambansa and Governor of
Metro Manila during 1978.
30.) How did the SC justified that she acquired or
that she resided there with the period required by
law?
1. A minor follows domicile of her parents.
Tacloban became Imeldas domicile of origin by
operation of law when her father brought them to
Leyte;
2. Domicile of origin is only lost when there is actual
removal or change of domicile, a bona fide
intention of abandoning the former residence and
establishing a new one, and acts which correspond
with the purpose. In the absence and concurrence
of all these, domicile of origin should be deemed to
continue.
3. A wife does not automatically gain the
husbands domicile because the term residence
in Civil Law does not mean the same thing in
Political Law. When Imelda married late President
Marcos in 1954, she kept her domicile of origin and
merely gained a new home and not domicilium
necessarium.

4. Assuming that Imelda gained a new domicile

after her marriage and acquired right to choose a
new one only after the death of Pres. Marcos, her
actions upon returning to the country clearly
indicated that she chose Tacloban, her domicile of
origin, as her domicile of choice. To add, petitioner
even obtained her residence certificate in 1992 in
Tacloban, Leyte while living in her brothers house,
an act, which supports the domiciliary intention
clearly manifested. She even kept close ties by
establishing residences in Tacloban, celebrating her
birthdays and other important milestones.