TAMPUS, M.
ADMINISTRATIVE LAW TRANSCRIPT
November 16, 2017- Administrative Law
POWERS and FUNCTIONS OF COMELEC
[Article 9-C, Section 2, 1987 Constitution]
- Enforce and administer all laws and regulations relative to the
conduct of an election, plebiscite, initiative, referendum, and
recall
- Exclusive original jurisdiction on all contest (either quo
warranto)relating to elections, returns, and qualifications
involving regional, provincial, city officials and appellate
jurisdiction over all contests involving elective municipal
officials decided by trial courts of general jurisdiction or
involving elective barangay officials decided by trial courts
of limited jurisdiction.
*Can Congress pass a law creating an electoral board that
will decide on all election contests involving city officials?
~NO. As it is the Comelec which is given such authority as per
constitutional mandate and you cannot change it by law.
*Where do you file an election contest involving a
Sangguniang Bayan member of Consolacion?
~RTC. However, if you want to appeal the decision of the RTC
in a case involving a municipal official, you file it in the
COMELEC and not in Court of Appeals.
~If barangay official, MTC.
- Decisions, final orders, or rulings of the Commission on
election contests involving elective municipal and barangay
offices shall be final, executory, and not appealable.
*What if A ran for elections as mayor, an election contest
was filed against him; you won the case, what is the
remedy of A?
~You go to COMELEC.
*But what if the decision was sustained, can the
protestant file an appeal to Supreme Court?
~NO.
*However, if the question goes like this: What is the
remedy available to the complainant?
~Petition for certiorari because such petition is not an appeal.
(Rivera v. Comelec)
- Decide except those involving right to vote all questions
affecting elections, including determination of number and
location of polling places, appointment of election officials and
inspectors, and registration of votes
(includes school used, how many precincts, but except the
right to vote including the right to suffrage)
*So why do we register in the COMELEC if it is the Court
which determines the right to vote?
Registration does not confer the right to suffrage if that right
does not exist in the first place. Registration in Comelec is
merely an administrative procedure by which you can exercise
your right to suffrage.
*If for example, you registered in Comelec but registration was
denied, remedy will be going to Court. Court has the final say
whether you can register as voter.
*Contests regarding qualification as candidate, it will be the
COMELEC which shall decide before elections regardless of
electoral positions.
*If you file election contest after candidate was proclaimed,
you proceed with the procedure of going to MTC, RTC, HRET,
SET, PET.
*Domino v. Comelec:
.Wasn’t able to get the 1 year residence requirement
.HRET does not have jurisdiction over the case; you
have to be a member before HRET can exercise its
jurisdiction.
TAMPUS, M.
ADMINISTRATIVE LAW TRANSCRIPT
*What is decided in Court is merely your qualification as a
voter but if the requirement challenged against you is that as a
candidate, MTC does not have jurisdiction before elections
unless after the elections.
- Deputize with concurrence of President, law enforcement
agencies and instrumentalities of Government including Armed
Forces of the Philippines
- Register after sufficient publication, political parties,
organizations or coalitions which in addition to other
requirements, must present their platform or program of
government; and accredit citizen’s arms of Commission on
Elections.
*Where do you register as a party?
COMELEC
*Where do you register as a party list?
COMELEC
- File, upon verified complaint, or on its own initiative, petitions
in Court for inclusion or exclusion of voters; investigate and,
where appropriate, prosecute cases of violations of election
laws, including acts or omissions constituting election fraud,
offenses and malpractices.
- Recommend to Congress effective measures to minimize
election spending, including limitation of places where
propaganda materials shall be posted, and prevent and
penalize all forms of election fraud
- Recommend to President, removal of any officer or employee
it has deputized, or imposition of any other disciplinary action
for violation or disregard or disobedience to its directive, order
or decision.
- Submit to President and Congress a comprehensive report on
conduct of each election, plebiscite, initiative, referendum or
recall
(Article 9-C, Section 3, 1987 Constitution)
The Commission on Elections may sit en banc or in 2 divisions,
and shall promulgate its rules of procedure in order to expedite
disposition of election cases, including pre-proclamation
controversies. All such election cases shall be heard and
decided in division provided that motions for reconsideration of
decisions shall be decided by Commision en banc.
When you file a case in the Comelec, it is filed in the division first and
when you appeal it in Comelec, it is also appealed in the division. Now,
from the division, if an aggrieved party wants to question the decision
of the division, aggrieved party shall go to Comelec en banc. What is
then the mode for doing such action?
-The mode is motion for reconsideration. (as per constitutional
mandate) So if you file an appeal, it shall then be dismissed.
Now from the en banc, where do you go next? You go to Supreme
Court in the mode of petition for certiorari under Rule 65 and 64.
(Article 9-C, Section 4, 1987 Constitution)
The Commission may, during election period, supervise or regulate
enjoyment or utilization of all franchises or permits for operation of
transportation and other public utilities, media of communication or
information, all grants, special privileges, or concessions granted by
the government or any subdivision, agency or instrumentality thereof,
including any GOCC or its subsidiary. Such supervision or regulation
shall aim to ensure equal opportunity, time, and space, and the right
to reply, including reasonable, equal rates therefor, for public
information campaigns and forums among candidates in connection
with objective of holding free, orderly, honest, peaceful and credible
elections.
-Section 4 is an exercise of Police power.
TAMPUS, M.
ADMINISTRATIVE LAW TRANSCRIPT
-Can the Police power of the State be used to interfere with
contracts with franchises?
Yes. Under the Constitution, the non-impairment clause of
contracts shall not preclude the State from interfering and
impairing it if it will be for the welfare.
*National Press Institute v. COMELEC:
Comelec made a resolution order requiring print media to provide free
space, a challenge was made that the order was a violation of
constitution. SC declared the order unconstitutional as it is
confiscatory to private businesses without just compensation.
-The fair elections act is the statutory implementation of Article 9-C,
Section 4.
(Article 9-C, Section 5, 1987 Constitution)
No pardon, amnesty, parole, or suspension of sentence for violation of
election laws, rules, and regulations shall be granted by the President
without the favorable recommendation of the Commission.
-What are the limitations of the President to grant pardon?
Section 19, Article 7: Except in cases of impeachment, or as
otherwise provided in this Constitution, the President may
grant reprieves, commutations, and pardons, and remit fines
and forfeitures, after conviction by final judgment.
He shall also have the power to grant amnesty with the
concurrence of a majority of all the Members of the Congress.
Section 5, Article 9-C: No pardon, amnesty, parole, or
suspension of sentence for violation of election laws, rules,
and regulations shall be granted by the President without the
favorable recommendation of the Commission.
*Mayor X was caught violating gun ban in checkpoint during elections
and was convicted with illegal possession of firearms, after being
convicted he was granted absolute pardon by President Duterte.
(Remember: grant of absolute pardon restores your civil and political
rights) After being restored of his civil and political rights, he ran
during elections however a disqualification case was filed against him.
Will the disqualification case prosper? Is he qualified to run?
-Yes the disqualification case will prosper as Mayor X is not qualified.
The pardon granted to Mayor X was void as it did not contain a
favorable recommendation from the COMELEC.
STATUTORY GRANTS OF POWER TO COMELEC
Article 7, Section 52, OEC:
(d) Summon the parties to a controversy pending before it, issue
subpoena and subpoena duces tecum, and take testimony in any
investigation or hearing before it, and delegate such power to any
officer of the Commission who shall be a member of the Philippine
Bar. In case of failure of witness to attend, Commission upon proof of
service of subpoena to said witnesses, may issue a warrant to
arrest witness and bring him before the Commission or the officer
before whom his attendance is required.
Any controversy submitted to the Commission shall, after compliance
with the requirements of due process, be immediately heard and
decided by it within 60 days from submission thereof. No decision or
resolution shall be rendered by the Commission either en banc or by
division unless taken up in a formal session properly convened for the
purpose.
TAMPUS, M.
ADMINISTRATIVE LAW TRANSCRIPT
(e) Punish contempts provided for in the Rules of Court in the same
procedure and with the same penalties provided therein. Any violation
of any final and executory decision, order or ruling of Commission
shall constitute contempt thereof. [indirect contempt]
RA 8346, Section 6 (as amended by RA 9369):
Power granted to COMELEC to use automated election system in
different provinces. Whether paper-based or other election system as
may deemed necessary. However it does not use what type of
technology.
November 17, 2017- Administrative Law
REGISTRATION OF VOTERS
Who can register to vote?
You go first to the constitutional qualifications which are found in
Article 5, Section1 of the 1987 Philippine Constitution. It states
that:
 All citizens of the Philippines not otherwise disqualified by law
 At least 18 years of age
 Has resided in the Philippines for at least 1 year
 Has resided in the place where he intends to vote for at least 6
months immediately preceding elections.
*No literacy, property or other substantive requirement shall be
imposed on the exercise of suffrage.
Does it mean then that those not residing in the Philippines
cannot register?
No as the next section in Article 5 qualifies section 1 wherein it
provides exemption for those living abroad:
“The Congress shall provide a system for securing the secrecy
and sanctity of the ballot as well as a system for absentee voting
by qualified Filipinos abroad”.
In the case of Macalintal v. Comelec, why is it that Filipinos
living abroad are qualified to register and vote aside from the
fact that the law allows them to register and vote?
“Members of the Constitutional Commission intended to
enfranchise as much as possible all Filipino citizens abroad who
have not abandoned their domicile of origin. The Commission
even intended to extend it to young Filipinos who reach voting age
abroad whose parents’ domicile of origin is in the Philippines, and
consider them qualified as voters for the first time.”
Section 9 of RA 9189 states that, “any person who temporarily
resides in another place by reason of his employment, educational
activities, or detention does not lose his original residence”.
So if you are temporarily absent in your original domicile, either
because of work, education, etc., you are not considered to have
abandoned your domicile.
TAKE NOTE: WHEN DO YOU ABANDON YOUR DOMICILE-
1. Actual removal or an actual change of domicile
2. Bona fide intention of abandoning the former place of
residence and establishing a new one
3. Acts which correspond with the purpose (bodily presence is
within the new locality and has intention to remain there)
However, when you become a permanent immigrant, you become a
permanent resident in the said place which will now disqualify you to
become a voter.
TAMPUS, M.
ADMINISTRATIVE LAW TRANSCRIPT
If you are a dual citizen, you naturalized yourself as an American
for example, can you register and vote?
NO, because he is not a Filipino citizen.
How about if he reacquires his Filipino citizenship under the Dual
Citizenship Act, can he register and vote?
YES. One of the benefits of Sec. 5 of Dual Citizenship Act.
Those who retain or reacquire Philippine citizenship under this Act
shall enjoy full civil and political rights and be subject to all attendant
liabilities and responsibilities under existing laws of the Philippines
and the following conditions:
(1) Those intending to exercise their right of suffrage must
Meet the requirements under Section 1, Article V of the
Constitution, Republic Act No. 9189, otherwise known as "The
Overseas Absentee Voting Act of 2003" and other existing
laws;
(2) Those seeking elective public in the Philippines shall meet
the qualification for holding such public office as required by
the Constitution and existing laws and, at the time of the filing
of the certificate of candidacy, make a personal and sworn
renunciation of any and all foreign citizenship before any
public officer authorized to administer an oath;
(3) Those appointed to any public office shall subscribe and
swear to an oath of allegiance to the Republic of the
Philippines and its duly constituted authorities prior to their
assumption of office: Provided, That they renounce their oath
of allegiance to the country where they took that oath;
(4) Those intending to practice their profession in the
Philippines shall apply with the proper authority for a license or
permit to engage in such practice; and
(5) That right to vote or be elected or appointed to any public
office in the Philippines cannot be exercised by, or extended to,
those who:
(a) are candidates for or are occupying any public
office in the country of which they are naturalized
citizens; and/or
(b) are in active service as commissioned or non-
commissioned officers in the armed forces of the
country which they are naturalized citizens.
*Lewis v. COMELEC
-Duals can register and vote.
Do duals need to physically reside in the Philippines for them
to vote?
They don’t have to physically reside in the Philippines otherwise;
there would be a negation of the Absentee Voting Law.
Considering that the aim of Overseas Absentee Voting Act is to
enfranchise as much as possible all overseas Filipinos who, save
for the residency requirements exacted from ordinary voters, are
qualified to vote. They are allowed to vote as long as they meet
the requirements of RA 9189.
Distinguish paragraph 1 of Section 5 from paragraph 2
(CONSTITUTION)
Paragraph 1 for purposes of voting, they can register and vote and
they don’t have to renounce their alien citizenship but paragraph 2
is different. Those seeking elective public office shall meet the
qualifications for holding such public office as required by the
constitution and the existing laws.
Example: Senator, dapat natural born, age, dapat 35, etc.
TAMPUS, M.
ADMINISTRATIVE LAW TRANSCRIPT
Can dual citizens run for public office under the Dual
Citizenship Law?
No because they have to expressly renounce their US citizenship
or must have renounced by the time they filed their COC and also
must comply with the other qualifications as mandated under the
Constitution and of other laws.
What is then the distinction of a dual citizen as a voter and
dual citizen as candidate?
1. You shall only have 1 allegiance and thus you have to
renounce the other citizenship
2. You should be physically present if you are intending to run as
candidate but if you only intend to vote then the Constitution
provides a rule for it. How then can you work in the Barangay
Hall or in the City Hall if you are not a citizen?
Let’s not also forget that there’s another kind of absentee voting
which is the local absentee voting that allows individuals to vote
in places where they are not registered.
Section 12, RA 7166: Public Officials and employees in the
performance of their election duties, stationed in places other than
the place where they are registered voters of (e.g. members of the
Philippine National Police, members of the Armed Forces of
Philippines, officers of COMELEC, school teachers, among others)
are allowed to vote in their place of work.
RA 10380: allows media practitioners to vote on specified days
earlier than Election Day so that even if on Election Day, they are
assigned to cover election events away from their place of
registration as voters, they would nonetheless have the
opportunity to cast their votes provided, they shall be allowed to
vote only for positions of President, Vice-President, Senators,
and Party-List Representative.
NOTE: For both local and absentee voting, they can only note for
national positions: President, Vice-President, Senators, and Party-
List representatives.
Who are allowed to register and vote?
Section 9, RA 8189:
 Filipino citizen
 At least 18 y.o on the day of election
 Resident of the Philippines for at least 1 year
 Resident of city or municipality where he proposes to vote
for at least 6 months immediately before election
 Not otherwise disqualified by law
Who are those disqualified by law?
Section 11, RA 8189:
 Sentenced by final judgment to imprisonment of at least 1
year
 Conviction by final judgment of any of the following crimes
o Crime involving disloyalty to government such as
rebellion or sedition
o Firearms law
o Crimes against national security
 Insanity or incompetence declared by competent court
How shall the disqualification be removed?
Section 11, RA 8189:
 Plenary Pardon
 Amnesty
 Lapse of 5 years after service of sentence
TAMPUS, M.
ADMINISTRATIVE LAW TRANSCRIPT
This section is the reason why there is activation/reactivation of
registration. These are then the reasons that will erase your name in
the list of disqualified/qualified registered voter.
Now, if the disqualification is removed through any of those
enumerated in Section 11, your remedy is then to activate your
registration by filing a sworn application to the ERB in the form of an
affidavit not later than 120 days before regular election and 90 days
before special election.
Can PWDs register?
YES.
Can illiterates register?
Yes but with assistance of relative or COMELEC officials.
*However, registration of said PWDs and illiterates there should be a
declaration that PWD is such and illiterate is such.
Can you transfer registration?
YES. You can do it two ways:
For example, if you are a registered voter in Mandaue but you want to
register in Lapu-Lapu; you fill up a form in Lapu-Lapu for a
cancellation of registration and they will be the ones to forward the
said cancellation in Mandaue. You may also Mandaue COMELEC to
cancel the registration record, and go to Lapu-Lapu.
ANNULMENT OF BOOK OF LIST OF BOOK OF VOTERS
It takes an order from Comelec en banc to declare the annulment of
book of voters because you did not comply with the registration
requirement and a new registration was made. (Sec. 30, 8189)
Section 30, 8189: 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 90 days before an election.
NAME DELISTING (FAILED TO VOTE IN ELECTIONS TWICE)
*For purposes of registration: go to ERB
*For purposes of voting and counting: held in precincts
*For purposes of canvassing: Municipal Canvassing Board, Provincial
Canvassing Board, and Presidential Canvassing Board
(Read Montejo v. Comelec)
(Read Sema v. Comelec)
November 23, 2017- Administrative Law
POLITICAL PARTIES
What is a political party?
Section 60, OEC:
Political party means an organized group of persons pursuing the
same ideology, political ideas or platforms of government and
includes its branches and divisions.
For a political party to acquire juridical personality, qualify for
accreditation and be entitled to the rights of political parties, a political
party must be registered with COMELEC.
A party which fails to obtain at least 10% of votes cast in constituency
in which it nominated candidates shall forfeit its registration.
TAMPUS, M.
ADMINISTRATIVE LAW TRANSCRIPT
What are the following parties that cannot be registered?
Section 2, par. 5, Article 9-C, 1987 Constitution:
 Religious sects
 Those which seek to achieve their goals through unlawful
means
 Those which refuse to adhere to the Constitution
 Those which are supported by any foreign government
Atienza v. COMELEC
-Petitioners questioning their expulsion from LP and questions also
the election.
-The one with Drilon and Atienza.
ISSUE: WON it was correct for COMELEC to hold jurisdiction over
intra-party issues
HELD: It was not simply a mere intra-party issue as it involves
leadership in party that affects in ensuring free elections. However,
regarding membership within the party, COMELEC shall not have
jurisdiction.
Loong v. COMELEC
There was a glitch in the computer operation for elections, COMELEC
decided to go manual elections. Petition was made whether it was
correct for COMELEC to do the elections manually when there was
already a law passing for automated elections?
HELD:
SC sided with COMELEC. It is within also the powers of COMELEC to
decide what type of election to use in case of failure of elections. All
questions regarding elections except registration of voters.
Differentiate BANAT from ATONG PAGLAUM cases from each
other:
BANAT CASE:
Can major political parties participate in the party-list elections?
Major political parties cannot participate in regular elections however
not prohibited in forming sectoral parties.
Parameters in allocation of party-list representatives-
1. 20% allocation: not mandatory but merely a ceiling
2. 2% threshold: partly unconstitutional; creates a mathematical
impossibility to attain the 20% allocation and unconstitutional
only in relation to distribution of additional seats but
constitutional only as to guaranteeing 1 seat for said party.
3. 3-seat limit: valid; to ensure that no one party shall dominate
the party list system.
4. Proportional representation: allows party-lists garnering less
than 2% a seat
a. Parties, organizations, and coalitions shall be ranked
from highest to lowest based on number of seats for
the first round
b. Parties, organizations, and coalitions receiving at least
2% of total votes cast for party-list system shall be
entitled to 1 guaranteed seat each
c. Provided that those garnering 2% of votes shall be
entitled to additional seats in proportion to total number
of votes until all additional seats are allocated
d. Each party, organization, and coalition shall be entitled
to not more than 3 seats
ATONG PAGLAUM CASE:
Should the party-list represent marginalized sectors? / Shall
party-list system reserved only for the “marginalized and
underrepresented?
TAMPUS, M.
ADMINISTRATIVE LAW TRANSCRIPT
Supreme Court also emphasized that the party-list system is NOT
RESERVED for the “marginalized and underrepresented” or for
parties who lack “well-defined political constituencies”. It is also for
national or regional parties. It is also for small ideology-based and
cause-oriented parties who lack “well-defined political
constituencies”. The common denominator however is that all of
them cannot, they do not have the machinery – unlike major
political parties, to field or sponsor candidates in the legislative
districts but they can acquire the needed votes in a national
election system like the party-list system of elections.
If the party-list system is only reserved for
marginalized representation, then the system itself unduly excludes
other cause-oriented groups from running for a seat in the lower
house.
Qualifications of party-lists:
1. Groups may participate in the party-list system either as:
a. National parties or organizations
b. Regional parties or organizations
c. Sectoral parties or organizations
2. National parties or organizations and regional parties do not
need to organize along sectoral lines and do not need to
represent any “marginalized and underrepresented” sector.
3. Political parties can participate in party-list elections
4. Sectoral parties/organizations may either be marginalized/
underrepresented. It is enough that their principal advocacy
pertains to the special interest and concerns of their sector.
5. Majority of members of sectoral parties or organizations
must belong to marginalized and underrepresented sector
they represent.
6. National, regional and sectoral parties or organizations shall
not be disqualified if some of their nominees are disqualified
provided they have at least 1 nominee who remains to be
qualified.
RULES ON CANDIDACY
When do you consider a person as a candidate?
Any person aspiring or seeking an elective public office who has filed
his certificate of candidacy and who has not died or withdrawn or
otherwise disqualified before the start of campaign period for which he
filed his candidacy. Provided, that, unlawful acts or omissions
applicable to candidate shall take effect only upon start of aforesaid
campaign period. (COMELEC Reso. 8678)
Can a person file a charge against a person who filed his COC
for premature campaigning?
No more but only if the alleged campaigning was made before the
start of the official campaign period as person who filed his COC is
technically not yet a candidate as the campaign period has not yet
started. His campaigning shall by then be regulated.
Penera v. COMELEC
Where do you file your COC?
Must be filed in COMELEC.
Can the COMELEC refuse to receive a COC?
No as it is ministerial in their duty to receive a COC. However, if your
form is defective, that’s the time they can refuse.
Section 76, OEC: The commission, provincial election supervisor,
election registrar or officer designated by the Commission or board of
election inspectors under succeeding section shall have the
ministerial duty to receive and acknowledge receipt of certificate of
candidacy.
Deadline of filing COC
The deadline for filing COC shall not be later than 120 days before
election. SC holds that a certificate of candidacy filed beyond the
period fixed by law is void, and the person who filed it is not a
candidate.
TAMPUS, M.
ADMINISTRATIVE LAW TRANSCRIPT
Can you file 2 COCs at the same time? -Natural-born citizen -Natural-born citizen -Natural born citizen
of the PH of PH of PH
You can but that you are not a candidate to any position. -Registered voter -Registered voter -Registered voter in
district in w/c he
Is it possible that you can file a COC for mayor, then vice mayor shall be elected
then later on you withdrew the vice mayor and pursued that
mayoralty COC? -Able to read and write -Able to read and write -Able to read &write
-At least 40 yrs old -At least 35 yrs of -At least 25 yrs on
Yes as long as the COC is filed not later than 120 days. on day of election age on day of day of election
-Resident of PH for election -Resident thereof for
Section 73, OEC: at least 10 yrs, -Resident of PH for a period of not less
immediately not less than 2 years than 1 yr
No person shall be eligible for more than one office to be filled in the preceding elections immediately immediately
same election, and if he files his certificate of candidacy for more than preceding day of preceding day of
one office, he shall not be eligible for any of them. elections elections

However, before expiration period for filing of certificates of candidacy,

person who has filed more than one candidacy may declare under
oath the office for which he desires to be eligible and cancel certificate
of candidacy for other offices.
Can a candidate be substituted?
Yes provided that he is a member of political party, replacement
should be within the said political party. If you are an independent
party, said candidate cannot be substituted.
CITIZENSHIP REQUIREMENT
National officials: natural born Filipino citizen
Local officials: mere Filipino citizen
-SC ruled that citizenship qualification must be construed as “applying
to time of proclamation of elected official and at the start of his term.”
(Frivaldo v. COMELEC)

What do you have to fulfill when you are filing a COC?

Purpose of PH Citizenship as requirement
Fill up a form of certificate of candidacy containing an announcement
that he is running for a position in elections, he is eligible for said Philippine citizenship is an indispensable requirement for holding an
office, political party he belongs to, civil status, date of birth, residence, elective public office, and the purpose of citizenship qualification is
post office address, profession/occupation, oath of allegiance, etc. none other than to ensure that no alien, i.e., no person owing
(Section 74, OEC) allegiance to another nation, shall govern our people and our country
or a unit of territory.
Qualifications of Candidates
*Mercado v. Manzano
PRESIDENT/V- SENATOR MEMBER OF
PRESIDENT HOUSE OF REPS -Dual citizenship is different from dual allegiance.
TAMPUS, M.
ADMINISTRATIVE LAW TRANSCRIPT
DUAL CITIZENSHIP
It arises when, as a result of
concurrent application of different
laws of two or more states, a
person is simultaneously
considered a national by said
states. Involuntary.
Such a situation may arise when
a person whose parents are
citizens of a state which adheres
to principle of jus sanguinis is
born in a state which follows the
doctrine of jus soli.
DUAL ALLEGIANCE
Arises when a person
simultaneously owes, by some
positive act, loyalty to two or
more states.
The result of an individual’s
volition.
Disqualifies the candidate.
>Retention of PH Citizenship
Under RA 9225, those natural born citizens who have been
naturalized as citizens of foreign country but reacquired or retained
PH citizenship to:
1. Take oath of allegiance
2. Those for seeking elective public office to additionally execute
a personal and sworn renunciation of any and all foreign
citizenship before an authorized public officer prior or
simultaneous to the filing of COC to qualify as candidate.
*Caasi v. COMELEC

Such a person, ipso facto and To be qualified for elective office in the Philippines, the law requires
without any voluntary act on his that a candidate who is a green card holder must have “waived his
part, is concurrently considered a status as permanent resident or immigrant of a foreign country”.
citizen of both states. Therefore, his act of filing a certificate of candidacy for elective office
in the Philippines did not of itself constitute a waiver of his status as
Will not disqualify the candidate permanent resident or immigrant of United States. The waiver of his
per se.
green card should be manifested by some act or acts independent of
and done prior to filing his candidacy for elective office in this country.
As a dual citizen, to qualify as candidate : Without such prior waiver, he was “disqualified to run for any elective
office”.
-renounce alien citizenship (oath+ personal sworn renunciation)
-comply with residency requirement (acts+ intention) When do you renounce your foreign citizenship if you are
intending to run in the PH elections?

Always consider abandoning foreign citizenship and the residency

requirement.
>Repatriation (Acquiring Dual Citizenship):
Can an immigrant run for public election?
It is effected by taking the oath of allegiance to the Republic of the
Philippines and registry in the proper civil registry in Bureau of No, unless he waives his foreign citizen status and comply with the
Immigration. residency requirement.
1. Oath of Allegiance
2. Registration in Bureau of Immigration
TAMPUS, M.
ADMINISTRATIVE LAW TRANSCRIPT
What are the three basic remedies filed against a candidate
before Election Day?
*TO BE FILED ALL IN COMELEC REGARDLESS OF POSITION
1. Petition to declare a nuisance candidate (Sec. 69, OEC)
*COMELEC may motu proprio (upon due process) or upon
verified petition of interested party may disqualify a candidate
as nuisance if it is shown that he:
-would put electoral process in mockery or disrepute
-would cause confusion among voters by similarity of names
-has no bona fide intention to run for office as clearly
demonstrated through his acts.
*MARTINEZ III v. HOUSE OF REPS
Kung wala pay final disqualification during Election Day, all the
votes of said person shall be counted and he be proclaimed.
Unless there is a petition to suspend the proclamation but if
there is already a final decision before Election Day, all votes
for said person shall not be counted. Votes shall then be
considered as stray votes.
The effect of declaration of nuisance candidate is that it
retroacts from the day of filing of said candidate of his COC
before the Election Day and no candidate in said name and
shall be counted in favor of other party.
2. Petition to deny due course (Petition to cancel COC)
[Section 78, OEC]
A verified petition seeking to deny due course or cancel a
certificate of candidacy may be filed by the person exclusively
on the ground that any material representation contained
therein is false. The petition may be filed at any time not later
than 25 days from the time of filing of certificate of candidacy
and shall be decided, after due notice and hearing, not later
than 15 days before election.
-Important ang distinction with the third remedy kay if cancel
coc, si second winner ang proclaimed winner
Example of material misrepresentation: if muingon kag natural
born ka pero di diay, etc.
*Tecson v. COMELEC
*Llamansares v. COMELEC
3. Petition to disqualify under Sec. 68, OEC, Sec. 12 OEC,
Sec. 40, LGC, Sec. 43, LGC
-Under this remedy, your COC is valid and you have not
misrepresented anything however, during the course of your
candidacy, you committed acts that are grounds for
disqualification.
-Substitution is not available
Grounds for Disqualification under Sec. 68, OEC:
 Given money or other material consideration to
influence, induce or corrupt voters or public officials
performing electoral functions
 Committed acts of terrorism to enhance his candidacy
 Spent in his election campaign in excess of that
allowed
 Solicited, received, or made any prohibited
contributions
Grounds for Disqualification under Sec. 40, LGC:
 Those sentenced by final judgment for an offense
involving moral turpitude or for an offense punishable
TAMPUS, M.
ADMINISTRATIVE LAW TRANSCRIPT
by 1 year or more of imprisonment, within 2 years after
serving sentence
 Those removed from office as result of administrative
case
 Those with dual citizenship
 Fugitives from justice in criminal or non-political cases
here or abroad
 Permanent residents in foreign country or those who
have acquired the right to reside abroad or continue to
avail of same right after effectivity of this Code
 Insane or feeble-minded
Section 43. Term of Office. -
 (a) The term of office of all local elective officials elected
after the effectivity of this Code shall be three (3) years,
starting from noon of June 30, 1992 or such date as may
be provided for by law, except that of elective barangay
officials: Provided, That all local officials first elected
during the local elections immediately following the
ratification of the 1987 Constitution shall serve until noon
of June 30, 1992.
 (b) No local elective official shall serve for more than
three (3) consecutive terms in the same position.
Voluntary renunciation of the office for any length of time
shall not be considered as an interruption in the continuity
of service for the full term for which the elective official
concerned was elected.
 (c) The term of office of barangay officials and members
of the sangguniang kabataan shall be for three (3) years,
which shall begin after the regular election of barangay
officials on the second Monday of May 1994.
*Does not apply to barangay officials
November 24, 2017- Administrative Law
CONTINUATION ON RULES OF CANDIDACY
What is the essential distinction that we have to remember?
*Labo v. COMELEC
Why was Labo disqualified and what is the effect of his disqualification?
Labo was disqualified by virtue of his marriage with an Australian and
applied for Australian citizenship. By virtue of said acts, it was
deemed that he abandoned his PH citizenship.
*Labo doctrine strictly applies to disqualification in Sec. 68, OEC
Can the second placer be proclaimed as winner instead of the
disqualified candidate?
SC ruled that the second placer cannot be proclaimed the winner as
he is not the choice of the electorate.
So now, what happens to the position? Who will succeed?
Vice-Mayor will now assume the position and not the second placer to
the mayoralty elections. If there is no vice-mayor, then there shall be
special elections. If there is a special election, it means there was
failure of elections.
Macquiling v. COMELEC
In this case, he reacquired his PH citizenship by taking oath of
allegiance to Philippines and that he renounced his American
citizenship. However, after renouncing his American citizenship, he
used his US passport several times.
What is the effect then of his continued use of his US passport
notwithstanding that he supposedly renounced his foreign citizenship?
His continued use of the US passport negates his renunciation of
foreign citizenship. In effect it becomes an empty renunciation. Since
it was an empty renunciation, he did not qualify under Section 5 of
Dual Citizenship Act.
TAMPUS, M.
ADMINISTRATIVE LAW TRANSCRIPT
Did Arnado win in the elections? What did Macquiling do?
Arnado won in the elections and Macquiling wanted that he be
proclaimed instead as the winner and not Arnado.
SC said that Macquiling becomes the real winner in the elections
considering the disqualification of Arnado. You must not say that
Macquiling is the 2nd placer after Arnado as he became the 1st placer
among legally qualified candidates.
If the candidacy was void due to the reason that the candidate was
not qualified in the first place, the effect is that the said candidate shall
be deemed to be not a candidate in the first place.
*Tagolino v. COMELEC
Can you substitute a candidacy which is not there in the first
place?
No. Substitution by Lucy Torres was invalid.
If the candidate was removed or COC was cancelled because he
lacked a qualification, then there is no candidacy to speak of.
Therefore, substitution is impossible and Labo doctrine shall not apply.
However, if he was disqualified because of Sec. 68, OEC; there could
be a valid substitution and Labo doctrine shall apply.
If a person has already served the three terms but filed again a
COC is there a valid candidacy?
No, as the said candidate is not qualified in the first place.
*LLAMANSARES v. COMELEC
Where do you reckon the period of residence of a candidate, is it from
the time that she was granted a dual citizenship or from the time that
she returned in PH? (When do you consider her a resident of PH?)
Reckoning of period for residency is not computed from the time you
are granted of dual citizenship as it is really the manifest act of
abandoning the domicile of origin and intention to stay in the new
domicile one.
Remember:
1. Abandoning domicile of origin
2. Physical presence in new domicile of choice
3. Acts indicating permanent residency in new domicile
*Caballero v. COMELEC
From the time he renounced his foreign citizenship to the time of
election where he ran for public office, was he able to comply with
residency requirement?
No, he wasn’t able to comply as he renounced the foreign citizenship
for only less than 1 year. It is not only important that you have
renounced your foreign citizenship before elections but that you must
also comply fully with the residency requirement, which in this case is
for 1 year.
Always remember, reckoning period of residency requirement is from
the time of your intention and the physical acts of intending to
permanently stay in the PH shall by then residency be counted.
INTENTION + ACTS INDICATING PERMANENT INTENTION!!!
-Consistent with Grace Poe case.
EFFECT OF SUSPENSION
TAMPUS, M.
ADMINISTRATIVE LAW TRANSCRIPT
So if X is a Congressman, he was suspended for 1 year, in 2nd and 3rd 1. Citizenship
term, he ran. Can he run on the fourth election on the ground that he 2. Residence
was interrupted in his service? 3. Age

NO. Suspension is not a valid interruption of term. What was

interrupted in this case is the tenure.
I. CITIZENSHIP
(See: Aldovino v. COMELEC)
Frivaldo v. COMELEC: Citizenship qualification must be construed as
One is elected vice-mayor but he assumed as mayor in order to serve “applying to the time of proclamation of elected official and at the start
the unserved term of said mayor, can he still run then as mayor for the of his term”.
next term without violating the 3 term rule?

YES, he ran for vice mayor in the first instance. It is important to

remember that the three term limit shall only apply on the same
position a candidate runs for.

How about when a municipality is converted into a city, X is already

on his 3rd term as mayor, 1 year before his term municipality became
city, can he immediately run for the next elections?

NO. Unless the new city is a different constituency in such case where
a barangay was added into the new city.

(See: Latasa v. COMELEC)

REMEMBER:

Mere transfer of registration is not enough as proof of domicile

for purposes of complying with residency requirement as what is
needed is the intentional and physical act of permanently
transferring to the said new domicile.

November 30, 2017

QUALIFICATIONS OF CANDIDATES