Survey of Philippine Election Law Jurisprudence (2016)

Slide 1 2003 By Default!
Updates in Philippine Election

Landscape
Atty. Noel Oliver E. Punzalan, CSEE
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Outline
Overview
Registration
COC
Citizenship
Residency
Campaign and Election Propaganda
Election Offenses
OVERVIEW

Overview
First Automated Elections in the Philippines 2010
Publicly viewed as a success
Fast results and generally viewed as credible
Candidates conceded
Second Automated Elections 2013

Not a Presidential Election year
Third Automated Elections 2016
counting of votes in the precincts
proclamation of winning candidates in the district, city,
municipal levels
transmission of the district, city, municipal canvassing
results to the provincial canvassing board, and of the
REGISTRATION

Registration
Biometrics: Republic Act No. 10367 (15 February
2013)
Clean, complete, permanent and updated list of voters
through the adoption of biometric technology
Voters who fail to submit for validation on or before the
last day of filing of application for registration for
purposes of the May 2016 elections shall be
deactivated pursuant to this Act
Comelec Resolution No. 9721 (26 June 2013)
Validation of registration commenced on July 1, 2013 at
the Office of the Election Officer (OEO) of the
Registration
Kabataan Party List, et. al. vs. Comelec (G.R.
No. 221318, 16 December 2015
Validation deadline: 31 October 2015
SC issued the TRO on 01 December 2015
Issue: Constitutionality of RA 10367 and the
Comelec Resolutions implementing the law
Ruling of the Supreme Court: RA 10367 is
Constitutional
No Bio, No Boto constitutional
CERTIFICATE OF CANDIDACY

Certificate of Candidacy
Citizenship
Natural Born Citizens: Natural-born citizens are those

who are citizens of the Philippines from birth without
having to perform any act to acquire or perfect their
Philippine citizenship.
Positions with the natural born citizen requirement:
President
Vice President
Senators
Congressmen (including Party list/Sectoral Representatives)
Constitutional Commissions (Comelec, CSC, COA)
Professions (lawyers, doctors, architects, engineers, etc.)
Residence
For purposes of elections: domicile = residence

Animus Revertendi = Intention to return
Animus Manendi = Intention of staying or remaining
Purpose: to prevent the possibility of a "stranger or
newcomer unacquainted with the conditions and
needs of a community and not identified with the
latter, from an elective office to serve that
community
Imelda Marcos vs. Comelec, GR No. 119976,
18 September 1995
Original COC Entry:
RESIDENCE IN THE CONSTITUENCY WHERE I SEEK TO BE
ELECTED IMMEDIATELY PRECEDING THE ELECTION:
__________ Years and seven Months
Amended/Corrected COC: changing the entry

"seven" months to "since childhood
Comelec Second Division: Disqualified petitioner
Comelec En Banc: Affirmed Disqualification
Imelda Marcos vs. Comelec, GR No. 119976,
18 September 1995
Held: It is the fact of residence, not a statement in a
certificate of candidacy which ought to be decisive
in determining whether or not an individual has
satisfied the constitution's residency qualification
requirement
These well-publicized ties to her domicile of origin

are part of the history and lore of the quarter century
of Marcos power in our country
Either they were entirely ignored in Comelecs Resolutions, or the
majority of the Comelec did not know what the rest of the country
always knew: the fact of petitioner's domicile in Tacloban, Leyte

Jalosjos vs. Comelec, G.R. No. 191970, 24
April 2012
Petitioner Rommel Jalosjos was born in Quezon City
on October 26, 1973
He migrated to Australia in 1981 when he was eight
years old and there acquired Australian citizenship
On November 22, 2008, at age 35, he decided to
return to the Philippines and lived with his brother,
Romeo, Jr., in Barangay Veterans Village, Ipil,
Zamboanga Sibugay
April 2012
Four days upon his return, he took an oath of
allegiance to the Republic of the Philippines,
resulting in his being issued a Certificate of
Reacquisition of Philippine Citizenship by the
Bureau of Immigration
On September 1, 2009 he renounced his Australian
citizenship, executing a sworn renunciation of the
same in compliance with R.A. 9225
He acquired a residential property in the same

April 2012
He applied for registration as a voter in the Municipality of Ipil
but respondent Dan Erasmo, Sr., the Barangay Captain of
Barangay Veterans Village, opposed the same
On November 28, 2009 Jalosjos filed his Certificate of
Candidacy for Governor of Zamboanga Sibugay Province for
the May 10, 2010 elections
Erasmo filed a petition to deny due course or to cancel
Jalosjos COC on the ground that the latter made material
misrepresentation in the same since he failed to comply with
(1) the requirements of R.A. 9225 and (2) the one-year
residency requirement of the Local Government Code
Jalosjos vs. Comelec, G.R. No. 191970, 24 April
2012
Jalosjos won and was proclaimed winner of the 2010
gubernatorial race in the Province of Zamboanga Sibugay
There is no hard and fast rule to determine a candidates
compliance with residency requirement since the question of
residence is a question of intention

Maquiling vs. Comelec, G.R. No. 195649, 02
July 2013
Respondent Arnado is a natural born Filipino citizen
However, as a consequence of his subsequent
naturalization as a citizen of the United States of
America, he lost his Filipino citizenship
Arnado applied for repatriation under R.A. 9225
before the Consulate General of the Philippines in
San Franciso, USA and took the Oath of Allegiance
to the Republic of the Philippines on 10 July 2008

July 2013
Contention: Arnado failed the residency test
Certification issued by the Bureau of Immigration dated
23 April 2010 indicating the nationality of Arnado as
"USA-American
Computer-generated travel record dated 03 December

2009 indicating that Arnado has been using his US
Passport No. 057782700 in entering and departing the
Philippines

July 2013
Used US passport repeatedly: Arnado left the country on
14 April 2009 and returned on 25 June 2009, and again
departed on 29 July 2009, arriving back in the Philippines
on 24 November 2009

July 2013
In the meantime, Arnado garnered the highest
number of votes and was subsequently proclaimed
as the winning candidate for Mayor of Kauswagan,
Lanao del Norte
Comelec First Division: Arnado is not a Filipino
Citizen and annulled his proclamation
Comelec En Banc: reversed First Division and ruled
Arnado as the winner of the election
July 2013
SC: Reversed Comelec and disqualified Arnado
The use of foreign passport after renouncing ones foreign
citizenship is a positive and voluntary act of representation
as to ones nationality and citizenship
Renunciation is open to attack when, after renouncing the

foreign citizenship, the citizen performs positive acts
showing his continued possession of a foreign citizenship
Qualifications for public office are continuing requirements

Maquiling vs. Comelec, G.R. No. 195649, 02 July
2013
Citizenship is not a matter of convenience. It is a badge of
identity that comes with attendant civil and political rights
accorded by the state to its citizens. It demands the
concomitant duty to maintain allegiance to ones flag and
country.

July 2013
While those who acquire dual citizenship by choice
are afforded the right of suffrage, those who seek
election or appointment to public office are required
to renounce their foreign citizenship to be deserving
of the public trust. Holding public office demands full
and undivided allegiance to the Republic and to no
other.
The popular vote does not cure the ineligibility of a

candidate.
Arnado vs. Comelec, GR No. 210164, 10
August 2015
Macquiling vs. Comelec (Round 2)
On May 9, 2013 or shortly after the Court issued its
Decision in Maquiling, Arnado executed an Affidavit
Affirming Rommel C. Arnado's "Affidavit of Renunciation
dated April 3, 2009
Arnado again ran for Mayor of Kauswagan, Lanao del
Norte
May 13, 2013 elections where Arnado garnered 8,902
votes (84% of the total votes cast) while Capitan
Arnado vs. Comelec, GR No. 210164, 10
August 2015
Comelec Second Division: Disqualified Arnado based
on the Maquiling case
Comelec En Banc: Affirmed Second Division
Arnado's disqualification to run for public office in the
2010 elections being a candidate without total and
undivided allegiance to the Republic of the Philippines
- still subsisted when he filed his COC for the 2013
elections. The Comelec En Banc merely adhered to
the ruling in Maquiling lest it would be committing
Arnado vs. Comelec, GR No. 210164, 10 August
2015
Circumstances surrounding Arnados qualification to run for public

office
A Free sample background at the May 2010 and May 2013 elections are the same.
from www.awesomebackgrounds.com
CAMPAIGN AND ELECTION

PROPAGANDA
Comelec Resolution No. 10049, dated 01 February

2016 (IRR of the Fair Elections Act for the 2016
Elections)
Persons who create online content for personal or collective
blogs and micro-blogs shall be considered media
practitioners for purposes of these Rules
Political advertising includes matters, not falling within the

scope of personal opinion, that appear on any Internet
website, including, but not limited to, social networks,
blogging sites, and micro-blogging sites, in return for
consideration, or otherwise capable of pecuniary
estimation.

Elections)
Online advertisement, whether procured by purchase, or
given free of charge, shall not be published more than 3
times a week per website during the campaign period. The
exhibition or display of the online advertisement for any
length of time, regardless of frequency, within a 24 hour
period, shall be construed as one instance of publication.


Elections)
Also prescribed size limits to online advertising
Online advertising shall also bear political advertisement

paid for/by or free of charge just like printed or broadcast
advertisements

ELECTION OFFENSES

Election Offenses
ER Ejercito vs. Comelec, G.R. No. 212398, 25
November 2014
Affirmed the Comelec Resolution which
disqualified Emilio Ramon E.R Ejercito pursuant
to Section 68 of the Omnibus Election Code
Other Election Offenses

Vote-buying
Money or any other valuable consideration
Insurance/Hospitalization Cards
Sponsorships (for events, outings, etc.)
Thank you!

Survey of Philippine Election Law Jurisprudence (2016)

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Slide 1 2003 By Default!

Updates in Philippine Election

Atty. Noel Oliver E. Punzalan, CSEE

A Free sample background from www.awesomebackgrounds.com

A Free sample background from www.awesomebackgrounds.com

Second Automated Elections 2013

A Free sample background from www.awesomebackgrounds.com

A Free sample background from www.awesomebackgrounds.com

Natural Born Citizens: Natural-born citizens are those

For purposes of elections: domicile = residence

Amended/Corrected COC: changing the entry

These well-publicized ties to her domicile of origin

A Free sample background from www.awesomebackgrounds.com

He acquired a residential property in the same

A Free sample background from www.awesomebackgrounds.com

Computer-generated travel record dated 03 December

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Renunciation is open to attack when, after renouncing the

Qualifications for public office are continuing requirements

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The popular vote does not cure the ineligibility of a

Circumstances surrounding Arnados qualification to run for public

CAMPAIGN AND ELECTION

Campaign and Election Propaganda

Comelec Resolution No. 10049, dated 01 February

Political advertising includes matters, not falling within the

Campaign and Election Propaganda

Comelec Resolution No. 10049, dated 01 February

A Free sample background from www.awesomebackgrounds.com

Campaign and Election Propaganda

Comelec Resolution No. 10049, dated 01 February

Online advertising shall also bear political advertisement

A Free sample background from www.awesomebackgrounds.com

A Free sample background from www.awesomebackgrounds.com

Other Election Offenses

A Free sample background from www.awesomebackgrounds.com

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