From now til around 12:30 – ill be giving you a lecture about election law.

We’ll cover the whole of

election law.

When we talk about election law, it is not about a single law.

The primary election laws are the Constitution, OEC, Automated Election Law

Important for campaign – Fair Election Act

Qualifications – 1991 LGC

Elections – under Initiative and Referendum RA 6735

Party list system – Party List system Act

How do we characterize PH Election law? 1 it is general – it talks about the electorate being able to vote
for officials. 2) Free because you cannot be compelled to vote. 3) Direct – we vote directly the policy and
the person, “my vote is equal to your vote”. 4) Secret – no one is supposed to know who you voted for.
5) Choices – when it comes to natural persons and also juridical persons (party list system). 6) We are
under an automated system of elections today – and it talks about systems and not all elections are
automated.

Differences between manual and automatic – in Manual elections, the voters write the names. During
canvassing – even the canvassers write the name. Unlike in the automated voting system – it is much
more accurate.

Right now we elect, national or local officials. In other countries, they even elect the judges.
Synchronized, except for the barangay, all national elections are held in one day and that is why the
ballots are long and back to back, because we have lots of candidates. All the names are written and an
oval beside each name. Regular because it happens every three years. Right now except for the party list
system, we do not have a majority system but a plurality formula. There is a proportional scheme in the
party list scheme – there is a numerator (# of votes of that party) and denominator (total 2nd votes).
What would be the first vote? District Rep. What would be the 2nd vote? Party-list system.

Regulated by law because we have laws governing party list systems. Supervised by COMELEC. Elections
should also be clean honest orderly peaceful and free. Individuals may participate either independently
or with political parties – what are benefits for a party? Substitution. In the sanggunian, to fill up the
vacancy, the replacement must be from the party list.

Public disclosures – certificate of candidacy, certificates of canvass, contribution reports.

(Showing slide 5)

Right now we have a little over 42,000 barangays.

2016, we had close to 54 million voters. Obviously for next year we would have different numbers.

Provinces may change next year, there have been proposals with regard to the island of Palawan,
making 3 provinces out of the island.

(Slide 6)

We have a COMELEC, AA, not a PC, it’s a public office.

Commissioner/Chairman – fixed term

Cannot be reappointed and there are no temporary or acting capacities. You can however be an acting
chair if you’re a member of the commission

Plenary authority to answer all questions pertaining to elections except right to suffrage. The COMELEC
cannot determine whether a person can vote or not vote. However this does not extend to the
qualifications of the candidates and COMELEC can rule on those.

RED – 2016

BLUE - 2017

(Slide 7)

COMELEC enjoys fiscal autonomy, meaning it can realign its budget and there are no need for proposals.

It has a wide discretion in adopting means – the powers of COMELEC are inclusive. The constitution
enumerates the various powers of congress and may also exercise residual powers in the absence of
prohibition. It has the power to enforce, but not to enact, amend, and modify laws. (Subordinate
Legislation) This power is exclusive to COMELEC. The RTC cannot rule over pre-proclamation cases, or
the qualifications of candidates because as you know, prior to proclamation, all DQ cases pertaining to
candidates are solved by the COMELEC.

On judicial power, COMELEC has judicial power not just QJ, because the power has been given to the
COMELEC thru the Constitution.

(Slide 8)

The Board of Canvassers are all under COMELEC. They can only reconvene thru the authority of
COMELEC and cannot without authority. The moment they give out the names of the candidates – they
are functus officio.

COMELEC has jurisdiction over Municipal barangay and SK officials and original jurisdiction over
Regional, Provincial and City officials.

COMELEC is divided to 2 divisions and the chair does not vote. When you file to the division, you MR to
the en banc.

Remedy is 65 to the SC.

Contempt power is expressly given the power by law, only in JUDICIAL PROCEEDINGS and not
administrative ones. Hence you should be able to distinguish whether a power is judicial or admin.

(Slide 9)

Here’s the list.

Where will you file the case? It depends whether it is J or A, if you lose, where is the next level? It is also
material whether J or A. Can you be cited in contempt it is also material whether it is J or A. What is the
recourse? If an agency has no power to cite a person in contempt, recourse would be to go to the
courts. Btw COMELEC has power to issue subpoena whether it is J or A case.

On leadership, expulsion of members is a matter not cognizable by COMELEC, but by the regular courts.
But if there’s a dispute between two factions in a party, that’s cognizable. For the exams, if you answer
COMELEC – incomplete. It must be division or en banc.

On the 5th bullet (annulment of proclamation), COMELEC is merely enforcing the ancillary penalty of
disqualification.

For election cases there are two penalties – depriving you of the right of suffrage and dq from public
offices.

(Slide 10)

COMELEC has 3 functions.

There are 4 defenses against admin decisions

1) Non-exhaustion
a. If you look at the red dotted line, those are the instances when you can bypass the next
level. For a judicial matter, file it with the division, if you lose, en banc, then SC.
However there are instances when the SC believes that you can go straight to SC from
division.
b. If your case is admin, file it with en banc, if you lose, MR with the en banc, then SC.
Except in the instance wherein you can justify non-exhaustion. (19 grounds) When is
non-exhaustion irrelevant? If it is not judicial, because it is rule making. In rule making,
COMELEC resolutions, let’s say rule pertaining to procedure for the timeslot in elections
in TV stations, you don’t have to question that in COMELEC en banc, you can file that
directly in court.
c. When you talk about non-exhausting, it means quasi-judicial powers.
2) Primary Jurisdiction
3) Not ripe

(Slide 11)

Regular courts can be involved in elections. When is the CA involved? Inclusion, exclusion, mixed
question of law and fact. You file those in the CA. if it was pure question of law, directly to the SC from
the RTC.

Tribunals, the PET, Hret, Set

When does COMELEC lose its jurisdiction? It would be when you are proclaimed and you have taken
your oath. So a lot of these reps would want to take their oath the same day they are proclaimed to
diverse COMELEC of juris. And HRET shall be composed of their peers.

During the national elections COMELEC becomes the National BOC. A decision of the division can be
final w/o en banc confirmation.

In the precinct level we have the BI composed of teachers.

The law department of COMELEC conducts the PI for election offenses. But for filing the info, it would be
the COMELEC en banc.

For the exec branch, DOJ and prosecutor’s office – PI for election offenses.

(Slide 12)

Y axis – type of cases

X axis – type of officials

Math is important in election law. Number of seats, for determining the winner, as well as determining
the party list seats.

(Slide 13)

Suffrage is not an obligation – once upon a time it was.

Now it is just a right, you may or may not vote.

When you did not vote for the 2 preceding elections, your name becomes part of the deactivated list.

In article 5, there is a finite list of qualification. The disqualifications are found in statutes. Can congress
add requirements to suffrage? Substantive no, procedural yes. Can congress require that a voter must
own a piece of property? No because that is not a requirement in constitution.

Right to vote is based on Election Day and right to register, prior to election day. As long as you can
prove that you are qualified by Election Day. You do not need to be qualified when you register.

Residence in the PH talks about domicile – residence in the place talks about domicile. Permanent
residency. You can have a lot of residencies but be domicile in one. Thru the transfer of records – you
may shift domiciles.

(Slide 15)

Congress cannot add disqualifications that are prior restraint.

The DQs presuppose that once upon a time, you were qualified but because of supervening events, you
become disqualified. There cannot be qualifications disguised as DQs.

(Slide 16)

Registration is continuing, but can only be processed every quarter.

We have computerized list at all levels but we have a book containing them as well.
For every precinct, there can be 200 voters but several may be clustered for thousands of voters.
Biometrics, it is mandatory and without it being taken, you cannot vote. Although the law says the list is
permanent, it is still subject to change.

(Slide 17)

Shows the cases when one can add and subtract. Self-explanatory.
(Slide 22)

Even on election day, a voter can be questioned

1) Illegal voter
2) Multiple voter

You can still vote if the majority of the board inspectors will allow you to vote.

Illegal Acts

1) Vote buying
2) Vote selling
3) Vote betting
4) Promise to induce or withhold vote

(Slide 23)

National means all over the country – party list system

1) President
2) VP
3) Senators
4) Reps

Local office

1) Local Chief exec

2) Vice chief exec
3) Legislators

Except in barangay, there is no vice punong barangay.

(Slide 24)

Qualifications

National – consti

Party lists – party list act

Local – statutes

Foundlings are presumed to be NBC

Age means age in election day

Residency – may be broken, not needed to be 24/7

Educational requirement is not required – what is required is you’re able to read and write.

Can congress provide for educational requirement? For local only

Free from disqualifications – declaration of SALNs, drug tests for senators are unconstitutional because
it adds a new qualification to be a senator.

(Slide 25)

Summary of qualifications – NO QUESTIONS WILL BE ASKED ABOUT THE BARANGGAY

(Slide 26)

Who is a candidate?

1) You file your COC

2) You intend to run

In the manual system, for automatic there is a 3rd requirement – you shall only be a candidate until the
start of the campaign period.

(Slide 27)

Can COMELEC refuse your COC? No. But that does not mean you can be disqualified because there are
various ways to be DQed.

1) Perpetual DQ – conviction of an election offense

While the COMELEC can receive your COC, it may be declared void and all the votes shall be considered
stray and the 2nd placer will win (if ever you do win).

That is why it important to know whether your COC is void from the beginning or cancelled thereafter.

If you’re an elective official and you run for a different position – you are not considered resigned. But
take note that all qualifications for elective officials are continuing. For appointive officials, filing a COC
shall ipso facto render you disqualified for other positions.

For death you can be substituted until 12 noon of election day. For withdrawal, under a manual system,
you can withdraw on election day. But for automatic system, there is a deadline.

If you violate the term limit, or not meeting the residency requirement, the COC is void from the
beginning. If you’re a nuisance candidate, not actually qualified thru misrepresentation, also void ab
initio. CANNOT BE SUBSTITUTED

You can only be substituted if your COC is valid from the beginning – thru commission of an election
offense after filing your COC. You can only be substituted if you are not disqualified. Even if there is a
pending DQ case, you can still be substituted.

(Slide 29)

It is important to note the ground and the relevant caption for the prescriptive period and whether or
not you can be substituted.
(Slide 30)

Which prevails the COC or whether you are qualified or not? The truth, not the piece of paper.

Disqualification cases, where do you file it? Division and when? Before proclamation.

Quantum of proof – substantial evidence since admin agency.

If you weren’t able to file a DQ case, and a Quo warranto case is filed – who takes your seat? There’s no
answer. But the possible answers could be vice mayor or 2nd placer.

(Slide 31)

Section 68 cases – filed in COMELEC division or election offense case before the prosecutor or law
department.

If not in Section 68 – you file an election offense case with the prosecutor or law department. Full blown
trial by the RTC – guilt beyond reasonable doubt.

(Slide 32)

Nuisance – no bona fide intention to run for office. The name is identical to another candidate.

Who can be considered as a nuisance candidate?

1) Campaign capability
2) Intention
3) Performance etc etc

Can be filed 5 days from the last day of filing of the COC

No remedy if youre not able to file.

(Slide 33)

Misrepresentation – you are not actually qualified. It must be material which pertains to the
qualifications under the law. There must be an intent to defraud or fool the people.

When do you file the case? 25 days from the time the candidate filed his COC.

(Slide 35)

Material would be the caption, the allegations, where to file, when to file, who files, what is the remedy
after the period, whether substitute allowed.

(Slide 37)

Grounds when the 2nd placer succeeds the DQed person – through election offense DQ

When do you call special elections? When there is no rule on succession – senators and district reps.

Party lists have rules on succession and is therefore not included.

(Slide 38)

For campaigning – you must prove that there is intent to campaign. The mere giving out of sports
paraphernalia and other beneficence is not enough without an intent to campaign.

Does not include satire – and likewise satire is not included in election propaganda.

(Slide 41)

Letters there is no limitation. Take note of the measurements.

Printed materials 8.5x14

Posters 2x3

Poster Areas 12x16

Rally Streamers 3x8

(Slide 42)

For paid ads, television campaign materials should be consistent. Being in news does not count unless
you solicit votes.

(Slide 43)

Can you remove unlawful propaganda? Yes, as long as you do not remove lawful.

(Slide 44)

Prohibited contributions

Mostly juridical persons. But the president for corporations may donate in his private capacity.

(Slide 45)

Other prohibited acts

Not reveal true name of contributor

Not report all contributions

Exceed limits

Etcetc.
(Slide 46)

Not all expenditures must fall under the 10, 5, 3

Counsels

Copying of the list of voters

Sample ballots

(Slide 48)

There are two cases when you can touch the elections

1) Postponement
a. You simply postpone is the casting of the votes or also the counting of the votes.
i. Force majeure
ii. Violence
iii. Terrorism
iv. Loss or destruction of election paraphernalia
v. Others
b. You file it to the en banc or it may do so motu proprio
2) Declaration of failure – ground, and effect on the outcome (new winner)
a. You question the results of the election - Grounds
i. Force majeure
ii. Violence
iii. Terrorism
iv. Fraud
v. Others
b. Filed to en banc but thru verified petition only

(Slide 61)

Pre-proclamation cases

Ballot

Election returns – candidates per precinct

Certificate of Canvass – addition of returns