Professional Documents
Culture Documents
Election
● Embodiment of the popular will, the expression of the sovereign power
of the people.
Components:
● Choice or selection of candidates to public office by popular vote
● Conduct of the polls
● Listing of votes
● Holding of Electoral campaign
● Act of casting and receiving the ballots from the voters
● Counting the ballots
● Making the election returns
● Proclaiming the winning candidates
Regular election – refers to an election participated in by those who possess the
right of suffrage and not disqualified by law and who are registered voters.
Special election – is when there is failure of election on the scheduled date of
regular election in a particular place or which is conducted to fill up certain
vacancies, as provided by law.
Political Parties
An organized group of persons pursuing the same ideology, political ideas or
platforms of government including its branches and divisions.
Types of Political Parties
1) Registered Parties:
1. Dominant Majority Party – usually the administration party; entitled to a
copy of election return
2. Dominant Minority Party – entitled to a copy of election return
3. Majority Political Party
4. Top 3 Political Parties – entitled to appoint principal watcher and a copy
of the certificate of canvass
5. Bottom 3 political parties – entitled to appoint principal watcher
2) Non-registered parties
Criteria to Determine the Type of Political Party
1. Established Record of the said parties, showing in past elections
2. Number of Incumbent Elective Officials
3. Identifiable political organizations and strengths
4. Ability to fill a complete slate of candidates
5. Other analogous circumstances
Grounds for Challenging the Voter
1. Illegal voters ( Not Registered / Using the name of another / disqualified
)
2. Based on certain illegal acts (Vote buying)
Acquisition of Juridical Personality
It is acquired upon registration with the COMELEC.
Forfeiture of Status as a Registered Political Party
The status shall be deemed forfeited if the political party, singly or in coalition
with others, fails to obtain at least 10% of the votes cast in the constituency in
which it nominated and supported a candidate/s in the election next following its
registration. There shall be notice and hearing.
Candidates
Rules on Filing of Certificates of Candidacy
1. No person shall be elected into public office unless he files his
certificate of candidacy within the prescribed period
2. No person shall be eligible for more than one office. If he/she files for
more than one position, he shall not be eligible for all unless he cancels
all and retains one
3. The certificate of candidacy shall be filed by the candidate personally or
by his duly authorized representative.
4. Upon filing, an individual becomes a candidate, he is already covered
by rules, restrictions and processes involving candidates.
Grounds for Disqualification
1. Election offenses under Sec 68 of the Omnibus Election Code (OEC)
2. Not possessing qualifications and possessing disqualifications under the
Local Government Code
2.1 Sentenced by final judgment for an offense involving moral turpitude or for
an offense punishable by one year or more of imprisonment within two years after
serving sentence
2.2 Removed from office as a result of an administrative case
2.3 Convicted by final judgment for violating the oath of allegiance to the
Republic
2.4 Dual citizenship ( more specifically, dual allegiance)
2.5 Fugitives from justice in criminal or non-political cases here or abroad
2.6 Permanent residents in a foreign country or those who have acquired the right
to reside abroad and continue to avail of the same right
2.7 Insane or feeble-minded
1. Nuisance candidate
2. Violation of sec 73 of OEC with regard to certificate of candidacy
3. Violation of sec 78 which is material misrepresentation of reqts under
sec. 74.
* Disqualifications (from continuing as a candidate or from holding the office if
already elected):
Any candidate, who in an action or protest in which he is a party is declared by
final decision of a competent court guilty of, or is found by the Commission of
having:
1. Given money or other material consideration to influence, induce or
corrupt the voters or public officials performing electoral functions.
2. Committed acts of terrorism to enhance his candidacy
3. Spent in his election campaign an amount in excess of that allowed by
the Omnibus Election Code )
4. Solicited, received or made any contribution prohibited under this Code
5. Violated any of the following sections: Section 80, 83, 85,86,261
1. Permanent resident of or an immigrant to a foreign country shall not be
qualified to run for any elective office UNLESS he/she has waived
his/her status as a permanent resident/immigrant of a foreign country in
accordance with the residence requirement provided for under election
laws.
Effect of a Disqualification case (under RA 6646)
1. Any candidate who has been declared by final judgment to be
disqualified shall NOT be voted for. The votes cast in his favor shall not
be counted.
2. If the candidate is not disqualified by final judgment before the election
and receives the highest number of votes in the election, the court or
COMELEC will continue with the trial and hearing of the action,
inquiry or protest. Upon motion of the complainant or intervenor, the
court or COMELEC may order the suspension of the proclamation of
the candidate whenever the evidence of his guilt is strong.
Nuisance Candidates
A. The term refers to candidates who have no bona fide intention to run for the
office for which the certificate of candidacy has been filed and would thus prevent
a faithful determination of the true will of the people.
B. Power of COMELEC
1. May refuse to give due course to or cancel a certificate of candidacy of a
nuisance candidate. This can be done motu proprio or upon verified
petition of an interested party.
2.There should be a showing that:
1. Certificate of candidacy has been filed to put the election process in
mockery/disrepute or
2. To cause confusion among the voters by the similarity of the names of
the registered candidates
3. Other circumstances which clearly demonstrate that the candidate has
no bona fide intention to run for the office…
Petition to deny due course to or to cancel a Certificate of Candidacy
A. Exclusive ground: A material representation in the certificate of candidacy is
false.
B. The petition should be filed not later than 25 days from the filing of the
certificate of candidacy.
C. It should be decided not later than 15 days before the election, after due notice
and hearing.
C. Those that can be filed with COMELEC directly are the ff:
● Issue involves the illegal composition or proceedings of the board of
canvassers, as when a majority or all of the members do not hold legal
appointments or are in fact usurpers
● Issue involves the correction of manifest errors in the tabulation or
tallying
of the results during the canvassing
Recount
There can be a recount under the grounds of 234-236. The returns involved will
affect the results and the integrity of the ballot box has been preserved
Appellate Jurisdiction
COMELEC has APPELLATE jurisdiction over all contests involving:
A. Elective MUNICIPAL officials decided by trial courts of GENERAL
jurisdiction
B. Elective BARANGAY officials decided by trial courts of LIMITED
jurisdiction
Who can file a petition contesting the election
Any candidate who has duly filed a certificate of candidacy and has been voted for
the same office
Jurisdiction of courts
1. RTC has exclusive original jurisdiction to try and decide any criminal
action or proceedings for violation of the Code.
2. MTC/MCTC have jurisdiction over offenses relating to failure to
register or vote.