Comelec - Election Law

7/29/2019 Comelec - Election Law

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Article VII

THE COMMISSION ON ELECTIONS

PURPOSE

To briefly recall and reiterate statutory and jurisprudential history, the COMELEC was

deliberately constituted as a separate and independent body from the other branches of government in

order to ensure the integrity of our electoral processes; it occupies a distinct place in our scheme of

government as the constitutional body charged with the administration of our election laws. For this

reason, the Constitution and our laws unselfishly granted it powers and independence in the exercise of

its powers and the discharge of its responsibilities. (Atty. Macalintal v. Comelec, supra note 16, at

770-771)

COMPOSITION

1 Chairman6 Commissioners

TERM

1. 7 years (1st appointed: Chairman -7 yrs; 3 Members - 7 yrs; 2 Members - 5 yrs; 1 Member 3yrs)2. LIMITATION: Single term only: no reappointment allowed

3. Appointment to a vacancy: only for unexpired portion of predecessors term

4. No temporary appointments, or appointments in acting capacitya. Thus, the President cannot designate an incumbent commissioner as acting Chairman.b. The choice of temporary chairman falls under the COMELECs discretion.

QUALIFICATIONS

1. Natural-born citizens of the Philippines;

2. At least 35 years old at the time of appointment

3. Holders of college degrees; and

4. Not candidates for any elective position in the immediately preceding elections.

5. Majority of the Commission, including the Chairman must be:

a. Members of the Philippines Bar

b. Engaged in the practice of law for at least 10 years: Practice of law means any activity, in or outof court, which requires the application of law, legal procedure, knowledge, training and experience. "Toengage in the practice of law is to perform those acts which are characteristics of the profession.Generally, to practice law is to give notice or render any kind of service, which device or servicerequires the use in any degree of legal knowledge or skill. (Cayetano vs Monsond, G.R. No. 100113,September 3, 1991)

6. Appointments subject to CA approval


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JURISDICTION

The COMELEC has exclusive original jurisdiction over all contests relating to the election,returns and qualifications of all elective, regional, provincial and city officials. The COMELEC hasexclusiveappellate jurisdiction over all contests involving municipal officials decided by the RTC, orinvolving elective barangay officials decided by the MTC. In these cases, the decisions therein shall befinal, executory and unappealable.(Art. IX-C, Sec. 2 (2), 1987 Constitution)

General Rule

The COMELEC sitting en banc does NOT have the requisite authority to hear and decideelection cases in the first instance. This power pertains to the divisions of the Commission. Any decisionby the Commission en bancas regards election cases decided by it in the first instance is null and void.(Sarmiento vs Commission on Elections, 212 SCRA 307, 313 (1992).)

Exceptions:

1. When what is involved in the case is purely administrative, and not quasi-judicial in nature;

2. When the required number of votes to reach a decision, resolution, order or ruling is notobtained in the division (Garvida v. Sales, J r. G.R. No. 124893. April 18, 1997)

3. Where the petitioner invoked the jurisdiction of the COMELEC en banc, participated in itsproceedings and sought relief therefrom, in which instance he is estopped to subsequentlyquestion the jurisdiction of the COMELEC en banc(Ramirez v. COMELEC, G.R. No.122013. March 26, 1997);

4. Petitions for the postponement, declaration of failure of election and the calling of specialelections (Loong v. COMELEC, G.R. No. 133676. April 14, 1999); and

5. The COMELEC en banchas the power to prosecute election cases, and in the exercise ofsuch prosecutory power, it conducts preliminary investigation, decides whether or not thereexists a probable cause and files the corresponding information in court. (Faelnar v. People,G.R. Nos. 140850-51. May 4, 2000).

POWERS AND FUNCTIONS

The powers and functions of the COMELEC, conferred upon it by the 1987 Constitution and

the Omnibus Election Code, may be classified into administrative, quasi-legislative, and quasi-

judicial. The quasi-judicial power of the COMELEC embraces the power to resolve controversies

arising from the enforcement of election laws, and to be the sole judge of all pre-proclamation

controversies; and of all contests relating to the elections, returns, and qualifications. Its quasi-

legislative power refers to the issuance of rules and regulations to implement the election laws and to

exercise such legislative functions as may expressly be delegated to it by Congress. Its administrative

function refers to the enforcement and administration of election laws. In the exercise of such power,

the Constitution (Section 6, Article IX-A) and the Omnibus Election Code (Section 52 [c]) authorize theCOMELEC to issue rules and regulations to implement the provisions of the 1987 Constitution and the

Omnibus Election Code.(Akbayan Youth, et al. v. COMELEC, G.R. No. 147066, March 26, 2001,

355 SCRA 318, 364)


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1.) Enforcement and Administration of Election Laws and Regulations

2.) Power to ensure free, honest, orderly credible and peaceful elections.

3.) Rule Making Power

4.) Quasi-Legislative Functions

5.) Quasi-Judicial Power

6.) Contempt and Subpoena

7.) Auxiliary writs and processes

8.) Specific Powers

a.)Power to declare failure of elections

Two conditions must concur before the COMELEC can act on a petition seeking todeclare a failure of elections:

i. No voting took place in the precinct or precincts on the date fixed by law, or even ifthere was voting, the election resulted in failure to elect; and

ii. The votes not cast would have affected the result of the elections. (Dibratun v.Comelec, G.R. No. 170365, February 2, 2010)

b.) Power to call for special elections In fixing the date for special elections, the Comelec should see to it that:

i. It should not be later than 30 days after the cessation of the cause of thepostponement or suspension of the election or failure to elect; and

ii. It should be reasonably close to the date of the election not held, suspended orwhich resulted in the failure to elect. (Pangandaman v. Comelec, G.R. No.134340. November 25, 1999)

c. Power to postpone elections

d. Power to correct manifest errors in election documents

With the introduction of the PCOS System pursuant to R.A. 9369, every copyshould be as good and as clear as the first one. Hence, the problem of manifesterrors might be a thing in the past. (R. Avila, Fundamentals of ElectionLaw, p.59 (2010))

e. Power to order recanvass of votes

f. Power to annul or suspend proclamation of elected candidates

g. Power to annul an illegal canvass

h. Power to transfer polling places

i. Power to Transfer Venue of Canvassing of Votes


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j. Power to order opening of ballot boxes

k. Power to conduct initiative and plebiscite

9. Other Specific Powers

a. Deputization of Peace Officers

b. Investigatory and Prosecutorial Power

c. Deputization of or Endorsement to Prosecutors

10. Power of exclusive control and supervision over the Automated Election System (Sec.26, RA8436)

Stand-by Power of COMELEC: If it shall nolonger be reasonably possible toobserve the periods and dates prescribed by law for certain pre-election acts, theCommission shall fix other periods and dates in order to ensure accomplishment ofthe activities so voters shall not be deprived of their suffrage (Sec. 28, R.A. 8436 &

Sec. 29 of R.A. 6646, adopted pursuant to Sec. 9, Art. IX-C of the 1987Constitution).

This stand-by power, however, does not apply to fixing the date of registration ofvotes because Sec. 8 of R.A. 8189, which provides for a continuing registration ofvoters, specifically states that: No registration shall, however, be conducted duringthe period starting one hundred twenty (120) days before a regular election andninety (90) days before a special election.

Powers NOT Granted to the COMELEC:

1. No power to decide questions involving the rightto vote

2. No power to include and exclude voters

Currently, jurisdiction to decide controversies on inclusion or exclusion of votersbelongs to the Municipal Trial Court.

Case Digests:

Power of COMELEC

Election for the Office of the Representatives was held. Because of the alleged irregularity in the

canvassing of votes, COMELEC issued a resolution to reopen the ballot boxes to obtain judicialremedies under section 163 of the Revised Election Code. WON the resolution is valid. The COMELEChas the power to investigate and act on the propriety or legality of the canvass of election returns madeby the board of canvassers. (Cauton vs.COMELEC, G.R. No. L-25467, April 27, 1967)

The Congress enacted R.A. 8436 for the Automation of Election System. The AutomatedMachines used during the election did not properly read the votes casted. COMELEC issued a minuteresolution ordering a manual count. WON the resolution is valid.To continue with the automated countwould result in a grossly erroneous count. The resolution merely reinforces the collective efforts toendow COMELEC with enough power to hold free, honest, orderly, and credible elections. (Loong vs.COMELEC, G.R. No. 133676. April 14, 1999)


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Judicial Recount

Election was held; one of the candidates filed a petition to annul the canvass and proclamationdue to alleged irregularity in the canvassing. The COMELEC issued a resolution annulling the canvassand proclamation.

The requisites for judicial recount

1. Appearing to the Board of Canvassers that discrepancy exists.

2. Discrepancy is between the copy submitted to the Board and another authentic copy thereof.

3. Authentic copy must also be submitted to the Board. (Purisima vs. Salanga, 15 SCRA 704,(1965).

Exercise of discretion

A coalition of several political parties was awarded the right to have the minority representation inthe Board of Election Inspectors. Upon the termination of the coalition, the COMELEC granted the said

right to another political party. WON the modification is valid. The COMELEC shall have the discretionto choose the minority inspector. The modification by the Commission of its ruling awarding the minorityinspector to another party is a legal exercise of the discretion vested. (Sumulong vs. COMELEC, 73Phil. 288 (1941).

Period in rendering decision

An election case was filed before the COMELEC en banc. En banc failed to render its decisionwithin 90 days from the date the case was submitted for decision as mandated by law. WON thedecision is still valid. The COMELEC has numerous cases before it, Considering the manpower andlogistic limitations, it is sensible to treat the procedural requirements on deadlines realistically. (Alvarez

vs. COMELEC, G.R. No. 142527, March 1, 2001)


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ARTICLE VIIIPOLITICAL PARTIES

DEFINITION

An organized group of persons pursuing the same ideology, political ideas or platforms ofgovernment and includes its branches and divisions.(Sec. 60, BP 881)

An organized group of citizens advocating an ideology or platform, principles and policies for the

general conduct of government and which, as the most immediate means of securing their adoption,regularly nominates and supports certain of its leaders and members as candidates for public office.(Sec. 3c, R.A.7491)

2 Kinds:

1.) national party, i.e. a party whose constituency is spread over the geographical territory of atleast a majority of the regions; and

2.) regional party, i.e. a party whose constituency is spread over the geographical territory of at

least a majority of the cities and provinces comprising the region.

PURPOSE OF REGISTRATION

The purpose of registration of politicalparties with the COMELEC is to enable themto:

1.) Acquire juridical personality;

2.) Qualify for subsequent accreditation; and

3.) Entitle them to the rights and privileges granted to political parties. (Sec. 60,BP 881)

RIGHTS AND PRIVILEGES GRANTED

A registered political party is entitled to the following rights and privileges:

To be voted upon as a party,provided that it is registered under the party-listsystem (Art. IX-C, Sec. 7, 1987 Constitution);

To have a watcher in every Election Registration Board (Sec. 15, R.A. 8189);

To inspect and/or copy at its expense the accountable registration forms and/or thelist of registered voters in the precincts constituting the constituency at which thepolitical party is fielding candidates. (Sec. 42, R.A. 8189)

To have a watcher and/or representative in the procurement and watermarking ofpapers to be used in the printing of election returns and official ballots and in theprinting, numbering, storage and distribution thereof(Sec. 8, R.A. 6646);

To have watchers who shall verify the contents of the boxes containing the

shipment of official ballots, election returns and sample official ballots received bythe provincial, city and municipal treasurers (Sec. 189, BP 881. Note that thisprivilege is onlyavailable to the ruling party and the dominant opposition party.);

To have one watcher in every polling place and canvassing center(Sec. 26, R.A.7166);


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To be present and to have counsel during the canvass of the election returns (Sec.25, R.A. 6646)

To receive the 4th copy (if the dominant majority party) or the 5th copy (if thedominant minority party) of the election returns (Sec. 27, R.A. 7166 as amendedby R.A. 8045 and R.A. 8173)

PROCEDURE

(1) The political party seeking registration may file with the COMELEC a verified petitionattaching thereto its constitution and by-laws, platform or program of government and such otherrelevant information as may be required by the COMELEC.

(2) The COMELEC shall require publication of the petition for registration or accreditation in atleast three newspapers of general circulation.

(3) After due notice and hearing, the COMELEC shall resolve the petition within 10 days from thedate it is submitted for decision. (Sec. 61,BP 881. Note however thediscrepancy with Sec. 62which states that resolution of the petitionfor registration or accreditation shallbe 15 days fromthe date ofsubmission for decision.)

WHO MAY NOT BE REGISTERED

The following may not be registered as political parties:

religious denominations and sects (Art. IX-C, Sec. 2 (5), 1987 Constitution; Sec. 61, BP881)

those which seek to achieve their goals through violence or unlawful means (Art. IXC,

Sec. 2 (5), 1987 Constitution, Sec. 61, BP 881)

those which refuse to uphold and adhere to the Constitution (Art. IX-C, Sec. 2 (5), 1987Constitution)

those supported by foreign governments (Art. IX-C, Sec. 2 (5), 1987 Constitution)

FORFEITURE OF STATUS AND CANCELLATION OF REGISTRATION

Forfeiture of status

Any registered political party that, singly or in coalition with others, fails to obtain at least 10% ofthe votes cast in the constituency in which it nominated and supported a candidate or candidates in theelection next following its registration shall, after notice and hearing be deemed to have forfeited suchstatus as a registered political party in such constituency. (Sec. 60, BP 881)

Cancellation of registrationThe following are grounds for cancellation of registration of a political party:

(1) Accepting financial contributions from foreign governments or their agencies (Art. IX-C, Sec.2(5), 1987 Constitution);

(2) The party is a religious sect or denomination, organization or association organized forreligious purposes (Sec. 6 (1), R.A. 7941);

(3) The party advocates violence or unlawful means to seek its goal (Sec. 6 (2), R.A. 7941);


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(4) The party is a foreign party or organization (Sec. 6 (3), R.A.7941);

(5) The party is receiving support from any foreign government, foreign political party, foundation,organization, whether directly or through any of its officers or members or indirectly through thirdparties for partisan election purposes (Sec. 6 (4), R.A. 7941);

(6) The party violates or fails to comply with laws, rules or regulations relating to elections (Sec. 6(5), R. A. 7941);

(7) The party declares untruthful statements in its petition forregistration (Sec. 6 (6), R.A. 7941);

(8) The party has ceased to exist for at least 1 year(Sec. 6 (7), R.A.7941);

(9) The party fails to participate in the last 2 preceding elections (Sec. 6 (8), R.A. 7941);

(10) If registered under the party-list system, the party fails to obtain at least 2% of the votes inthe 2 preceding elections for the constituency in which it has registered. (Sec. 6 (8), R.A. 7941)

Under the party-list system, the COMELEC may refuse or cancel registration eithermotu propioor upon verified complaint of any interested party, after due notice and hearing. (Sec. 6, R.A.7941)

ELECTION OF PARTY-LIST REPRESENTATIVES

Constitutional Provision: The party-list representatives shall constitute twenty per centum ofthe total number of representatives including those under the party list (Sec. 5 (2), Art. VI).

The Party List System It is a mechanism of proportional representation in the election ofrepresentatives to the House of Representatives, from national, regional and sectoralparties,organizations and coalitions thereof registered with the COMELEC. The Party-list system wasdevised to replace the reserve seat system the very essence of the party list system isrepresentation by election. (Veterans Federation Party v. COMELEC, G.R. 136781, October 6, 2000).

Nomination of Party-List Representatives: Each registered party, organization or coalitionshall submit to the COMELEC not later than forty-five (45) days before the election a list of names, notless than five (5), from which party-list representatives shall be chosen in case it obtains the requirednumber of votes.

A person may be nominated in one (1) list only.

Only persons who have given their consent in writing may be named in the list.

The list shall not include any candidate for any elective office or a person who has lost his bid foran elective office in the immediately preceding election.

No change of names or alteration of the order of nominees shall be allowed after the same shallhave been submitted to the COMELEC except:1. Nominee dies or2. Withdraws in writing his nomination,3. Becomes incapacitated in which case the name of the substitute nominee shall be

placed last in the list.

Incumbent sectoral representatives in the House of Representatives who are nominated in theparty-list system shall not be considered resigned (Section 8, R.A. 7641).


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QUALIFICATIONS OF PARTY-LIST REPRESENTATIVES:

1. Natural-born citizen of the Philippines;

2. A registered voter;

3. A resident of the Philippines for a period of not less than one (1) year immediately precedingthe day of the election;

4. Able to read and write;

5. A bona fide member of the party or organization which he seeks to represent for at least ninety(90) days preceding the day of the election; and

6.At least twenty-five (25) years of age on the day of the election; In case of a nominee of theyouth sector, he must at least be twenty-five (25) but not more than thirty (30) years of age onthe day of the election. Any youth sectoral representative who attains the age of thirty (30) duringhis term shall be allowed to continue in office until the expiration of his term (Section 9, R.A.7914).

MANNER OF VOTING

Every voter shall be entitled totwo (2) votes:

1. For candidate for member of the House of Representatives in his legislative district; and

2. For the party, organizations, or coalition he wants represented in the house ofRepresentatives: Provided, That a vote cast for a party, sectoral organization, or coalition notentitled to be voted for shall not be counted: Provided, finally, That the first election under theparty-list system shall be held in May 1998 (Section 10, R.A. 7941).

The Four Parameters in the Philippine-Style Party-List Election (BANAT v. COMELEC, G.R. No.179271 April 21, 2009):

1. 20% allocation: Twenty percent of the total number of the membership of the House ofRepresentatives is the maximum number of seats available to party-list organizations, such thatthere is automatically one party-list seat for every four existing legislative districts.

2. A guaranteed seat for a party-list organization garnering 2% of the total votes cast: The

guaranteed seats shall be distributed in a first round of seat allocation to parties receiving at leasttwo percent of the total party-list votes.

3. Proportional representation: The additional seats, that is, the remaining seats afterallocation of the guaranteed seats, shall be distributed to the party-list organizations includingthose that received less than two percent of the total votes.

4. The three-seat cap. Each qualified party, regardless of the number of votes it actuallyobtained, is entitled only to a maximum of 3 seats.

The formula in the allocation of party-list seat pronounced in Veterans Federation Party v.

COMELEC (GR No. 136781, October 6, 2000) has thus been modified.

The continued operation of the two percent threshold as it applies to the allocation of theadditional seats is now unconstitutional because this threshold mathematically and physicallyprevents the filling up of the available party-list seats. The additional seats shall be distributed to


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the parties in a second round of seat allocation (Barangay Association for NationalAdvancement and Transparency (BANAT) v. COMELEC, G.R. No. 179271, April 21, 2009).

The three seat cap is not a violation of the Constitution because the 1987 Constitution does notrequire absolute proportionality for the partylist system.

The Guidelines for determining whether Party-List Groups have complied with the requirementsof Law (Ang Bagong Bayani-OFW Labor Party v. COMELEC, G.R. No. 147589, J une 26, 2001):

1. The political party, sector, organization or coalition must represent the marginalized and theunderrepresented groups identified in Sec. 5 of RA 7941. Majority of its membership shouldbelong to the marginalized and underrepresented;

2. While even major political parties are expressly allowed by RA 7941 and the Constitution, theymust comply with the declared statutory policy of Filipino citizens belonging to marginalized andunderrepresented sectors to be elected to the House of Representatives. Thus, they must showthat they represent the interest of the marginalized and underrepresented;

3. Religious sector may not be represented in the party-list system; except that priests, imams orpastors may be elected should they represent not their religious sect but the indigenouscommunitysector;

4. A party or an organization must not be disqualified under Sec. 6, RA 7941;

5. The party or organization must not be an adjunct of, or a project organized or an entity fundedor assisted by, the government;

6. The party, including its nominees must comply with the qualification requirements of Section

9,R.A. 7941;

7. Not only the candidate party or organization must represent the marginalized andunderrepresented sectors, so also must its nominees;

8. While lacking a well-defined political constituency, the nominee must likewise be ableto contribute to the formation and enactment of appropriate legislation that will benefit the nationas a whole.


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ARTICLE IX

ELIGIBILITY OF CANDIDATES AND CERTIFICATE OF CANDIDACY

Candidate refers to any person aspiring for or seeking an elective public office, who has filed acertificate of candidacy and that any person who files certificate of candidacy within [the period forfiling] shall only be considered as a candidate at the start of the campaign period for which he filed hiscertificate of candidacy. (Penera v. Comelec, G.R. No. 181613, November 25, 2009)

QUALIFICATIONS

President and Vice- President:1. Natural-born citizen2. Registered voter3. Able to read and write4. At least 40 years old on the day of the election5. Resident of the Philippines for at least 10 years immediately preceding the day of the election.(Sec.2, Art. VII)

Senators:

1. Natural-born citizen2. At least 35 yrs. old on the day of the election3. Able to read & write4. Registered voter5. Resident of RP for not less than 2 years immediately preceding the day of the election

(Sec. 2, Art. VI)

District Representatives:1. Natural-born citizen2. At least 25 years old on the day of election3. Able to read and write4. Registered voter in the district in which he shall be elected5. Resident of the same district for a period of not less than 1 year Immediately preceding theday of election. (Sec. 6, Art. VI)

Sectoral Representatives:1. Natural-born citizen2. At least 25 years old on the day of election3. Able to read and write4. Resident for a period not less than one year immediately preceding the day of the election5. Bona fide member of the sector he seeks to represent

Governor, Vice-governor, Mayor, Vice-mayor, Punong barangay, Sanggunian (sg) members1. Citizen of the Philippines;2. Registered voter in the barangay, municipality, city or province, or, in the case of a member ofthe SG panlalawigan, panlungsod or bayan, the district where he intends to be elected;3. Resident therein for at least 1 year immediately preceding the election;4. Able to read and write Filipino or any other local language or dialect;5. On election day, age must at least be:

a) 23 years governor, vice-governor, member of the SG panlalawigan, mayor, vicemayor, or member of the SG panlungsod of HUC;b) 21 years mayor or vice mayor of ICC, CC, or municipalities; 18 years member of the

SG panlungsod or SG bayan, or punong barangay or member of the SG barangay 15 butnot more than 18 years SK(Sec 39, R.A. 7160)

Qualifications prescribed by law are continuing requirements and must be possessed for theduration of the officers active tenure. Once any of the required qualification is lost, his title to theoffice may be seasonably challenged. (Frivaldo vs. COMELEC,174 SCRA 245)


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The law does not specify any particular date or time when the candidate must possesscitizenship unlike that for residence and age. It must be possessed upon proclamation or on theday that the term begins (Id.)

DISQUALIFICATION

1. Under the Omnibus Election Code:a.) Declared as incompetent or insane by competent authority;

b. )Convicted by final judgment for subversion, insurrection, rebellion or any offense forwhich he has been sentenced to a penalty of 18 months imprisonment;c. )Convicted by final judgment for a crime involving moral turpitude;d. )Any person who is a permanent resident of or immigrant to a foreign country.

2. Under the Local Government Code (Sec. 40, R.A. 7160) Applicable to candidates for localelective office only (Magno v. COMELEC, supra, G.R. No.147904 : October 4, 2002):

a.) Those sentenced by final judgment for an offense involving moral turpitude or for anoffense punishable by one (1) year or more of imprisonment, within two (2) years afterserving sentence;

Those who have not served their sentence by reason of the grant of probationwhich should not be equated with service of sentence, should not likewise bedisqualified from running for a local elective office because the two year period ofineligibility does not even begin to run (Moreno v. COMELEC, GR No. 168550,August 10, 2006).

b.) Those removed from office as a result of an administrative case;

An elective local official who was removed from office as a result of anadministrative case prior to January 1, 1992 the date of effectivity of the LocalGovernment Code is not disqualified from running for an elective local public

office, because Sec. 40 of the Local Government Code cannot be given retroactiveeffect (Grego v. COMELEC, GR No. 125955, J une 19, 1997).

c.) Those convicted by final judgment for violating the oath of allegiance to the Republic;

d.) Those with dual citizenship;

Dual citizenship as a disqualification must refer to citizens with dual allegiance.Consequently, persons with mere dual citizenship do not fall under thedisqualification (Mercado v. Manzano, GR No. 135083, May 26, 1999).

e.) Fugitives from justice in criminal or nonpolitical cases here or abroad;

A fugitive from justice includes not only those who flee after conviction to avoidpunishment, but likewise those who, after being charged, flee to avoid prosecution(Marquez v. COMELEC,243 SCRA 538).

f.) Permanent residents in a foreign country or those who have acquired the right to resideabroad and continue to avail of the same right after the effectivity of this Code;

Green card is ample evidence to show that the person is an immigrant to, or apermanent resident of, the United States of America (Caasi v. Court of Appeal,G.R. No. 88831 November 8, 1990).

g.) The insane or feeble-minded.


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3. Additional Grounds for Disqualification (Sec. 68, BP 881)

a.) One who has violated provisions on:i. Campaign periodii. Removal, destruction of lawful election propagandaiii. Prohibited forms of propagandaiv. Regulation of propaganda through mass media

b.) One who has given money or other material consideration to influence voters

c.) One who committed acts of terrorism

d.) One who spent election campaign in excess allowed by law

e.) One who solicited or received contribution prohibited by law

President:

1. not eligible for any reelection;

2. no person who has succeeded as President and served as such for more than fouryears shall be qualified for election to the same office at any time. (Sec.4, Art. VII)

3.General Disqualification*

Vice-President:

1. Shall not serve for more than two consecutive terms. (Sec.4, Art. VII and Sec. 4, Art.VI);

2. General Disqualifications:a.) one who has been declared by competent authority as insane or incompetent;One who has been sentenced by final judgment for subversion, insurrection,

rebellion, or for any offense for which he has been sentenced to a penalty of more than 18months or for a crime involving moral turpitude, unless given plenary pardon or grantedamnesty. (Sec. 12, BP 881)

Senators:

Shall not serve for more than two consecutive terms. (Sec 4(2), Art. VI)

District Representatives:

1. Shall not serve for more than three consecutive terms. (Sec. 7 Art. VI);

2. One who has been declared by competent authority as insane or incompetent;

3.One who has been sentenced by final judgment for subversion, insurrection, rebellion,or for any offense for which he has been sentenced to a penalty of more than 18 monthsor for a crimeinvolving moral turpitude, unless given plenary pardon or granted amnesty.(Sec. 12, BP 881 or the Omnibus Election Code)

Governor, Vice-governor, Mayor, Vice-mayor, Punong barangay, Sanggunian (sg)members:

(Sec. 41, R.A. 7160)

1. sentenced by final judgement for an offense involving moral turpitude or for an offense


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punishable by 1 year or more, within 2 years after serving sentence;

2. removed from office as a result of an administrative case;

3. convicted by final judgment for violating the oath of allegiance to the Republic of thePhilippines;

4. with dual citizenship;

5. fugitives from justice in criminal and non-political case here and abroad;

6. permanent residents in a foreign country or those who have acquired the right to resideabroad and continue to avail of the same right after the effectivity of the Local GovernmentCode;

7. insane or feeble-minded

CERTIFICATE OF CANDIDACY

A statement of a person seeking to run for a public office certifying that he announces hiscandidacy for the office mentioned and that he is eligible for the office, the name of the political party towhich he belongs if he belongs to any, and his post-office address for all election purposes being aswell stated (Sinaca v Mula, GR No. 135691. Sept. 27, 1999).

No person shall be eligible for any elective public office unless he files a sworncertificate of candidacy within the period fixed by law (Sec. 73, OEC).

Automatic Resignation Officials holding appointive offices, including activemembers of AFP and officers of government-owned or controlled corporations shall

be considered ipso facto resigned (Sec. 66, OEC & Art. 13, par. 3, R.A. 9369).

Only elective officials may file their certificates of candidacy without being deemedipso facto resigned from their posts. There is no violation of the equal protectionclause since there is a SUBSTANTIAL DISTINCTION BETWEEN ELECTIVE ANDAPPOINTIVE OFFICIALS to warrant differential treatment:

i. Elective officials occupy their office by virtue of the mandate of theelectorate. On the other hand, appointive officials hold their office by virtue oftheir designation thereto by an appointing authority.

ii. Appointive officials, as officers and employees in the civil service, arestrictly prohibited from engaging in any partisan political activity or take partin any election except to vote. On the other hand, elective officials, or officersor employees holding political offices, are obviously expressly allowed totake part in political and electoral activities (Quinto, et al. v COMELEC,G.R. No. 189698, December 1, 2009 )

Formal Defects in the Certificate of Candidacy: The election of a candidatecannot be annulled on the sole ground of formal defects in his certificate ofcandidacy (De Guzman v. Board of Canvassers, G.R. No. L-24721, November3, 1925).

Death, Disqualification or Withdrawal of Candidate; Substitution ofCandidate: If after the last day for the filing of certificates of candidacy, an officialcandidate of a registered accredited political party dies, withdraws or is disqualifiedfor any cause, only a person belonging to, and certified by, the same political party


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may file a certificate of candidacy to replace the candidate who died, withdrew orwas disqualified not later than mid-day of the day of the election (Sec. 76, OEC).

Withdrawal of Certificate of Candidacy: The withdrawal of the certificate ofcandidacy shall effect the disqualification of the candidate to be elected, for theposition. The withdrawal of the withdrawal, for the purpose of reviving thecertificate of candidacy, must be made within the period provided by law for thefiling of certificates of candidacy.

Filing of Two Certificates of Candidacy: When a person files two certificates ofcandidacy for different offices, he becomes ineligible for either position (Sec. 72,OEC). He may withdraw one of his certificates by filing a sworn declaration with theCommission before the deadline for the filing of certificates of candidacy. Beforethe deadline for filing the certificate, a candidate may withdraw all except one,declaring under oath the office for which he desires to be eligible and cancel thecertificate of candidacy for other office or offices (Go v. COMELEC, G.R. No.147741. May 10, 2001).

The COMELEC shall have only the ministerial duty to receive and acknowledge

receipt of the certificates of candidacy (Sec. 76, OEC).Accordingly, the COMELECmay not, by itself, without proper proceedings, deny due course to or cancel acertificate of candidacy filed in due form.

Exceptions:1. Authority over nuisance candidates2. Power to deny due course to or cancel a certificate of candidacy underSec.

78,OEC

Nuisance Candidates: COMELEC may motu propio or upon petition of aninterested party, refuse to give due course to or cancel a certificate of candidacy if

shown that said certificate was filed:

1. To put the election process in mockery or disrepute;

2. To cause confusion among voters by similarity of names of registeredcandidates;

3. By other circumstances or acts which demonstrate that a candidate hasno bona fide intention to run for the office for which his certificate ofcandidacy has been filed, and thus prevent a faithful determination of thetrue will of the electorate.

Petition to Deny Due Course or to Cancel Certificate of Candidacy: TheCOMELEC, upon proper petition, may cancel a certificate of candidacy on theground that any material misrepresentation contained therein as required underSec. 74 of the OEC is false (Sec. 78, OEC), provided that (a) the falserepresentation pertains to material matter affecting substantive rights of acandidate and that (b) the false representation must consist of deliberate attempt tomislead, misinform, or hide a fact which would otherwise render a candidateineligible (Salcedo II v. COMELEC, G.R. No.135886, August 16, 1999).

o The petition may be filed not later than 25 days from the time of filing of thecertificate of candidacy, and shall be decided, after due notice and hearing,not later than 15 days before the election (Section 78 B.P. 881).


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o Jurisdiction over a petition to cancel a certificate of candidacy lies with theCOMELEC in division, not with the COMELEC en banc (Garvida v. Sales,G.R. No. 124893. April 18, 1997).

Effect of Disqualification Case: Any candidate who has been declared by finaljudgment to be disqualified shall not be voted for, and the votes cast for him shallnot be counted. If for any reason a candidate is not declared by final judgmentbefore an election to be disqualified and he is voted for and receives the winningnumber of votes in such election, the Court or Commission shall continue with thetrial and hearing of the action, inquiry, or protest and, upon motion of thecomplainant or any intervenor, may during the pendency thereof order thesuspension of the proclamation of such candidate whenever the evidence of hisguilt is strong (Sec. 6, RA 6646 or the Electoral Reforms Law of 1987).

o Notethat the COMELEC can suspend proclamation only when evidence ofthe winning candidates guilt is strong (Codilla, Sr. v. De Venecia, et. Al,G.R. No. 150605. December 10, 2002).

o

The use of the word may indicates that the suspension of the proclamationis merely permissive. If the COMELEC does not find any sufficient groundto suspend proclamation, then a proclamation may be made (Grego v.COMELEC, supra, 125955 : J une 19, 1997).

o It is incorrect to say that since a candidate has been disqualified, the votesintended for the disqualified candidate should, in effect, be null and void.This would amount to disenfranchising the electorate in whom sovereigntyreside (Ortega v. COMELEC, G.R. No. 105111 J uly 3, 1992).

o The ineligibility of a candidate receiving majority votes does not entitle the

eligible candidate receiving the next highest number of votes to be declaredelected.

Exceptions:1. The one who obtained the highest number of votes is

disqualified;AND

2. The electorate is fully aware in fact and in law of the candidatesdisqualification so as to bring such awareness within the realm ofnotoriety but would nonetheless cast their votes in favor of theineligible candidate. (Grego v. COMELEC, supra, 125955 : J une 19,

1997).


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Case Digest:

Term of office

The petitioner was duly elected and served 2 consecutive terms as Municipal Mayor prior to 1995elections. In the 1995 elections he was again proclaimed winner but due to election protest against him,he was removed from office months before the 1998 elections. In the 1998 elections he again ran andwon. A disqualification case was filed against him. WON petitioners service from 1996 to 1998 asMayor may be considered as service of one full term. Two requisites for the disqualification must

concur: 1.) that the official concerned has been duly elected for three consecutive terms in the samelocal government post; and 2.) that he has fully served three consecutive terms. The two requisites areabsent. He cannot be considered as having been duly elected and he did not fully serve the term byreason of involuntary relinquishment of office. (Lonzanida vs. COMELEC, G.R. No. 135150, J uly 28,1999)

Philippine citizenship

Private respondent filed a petition for disqualification alleging that petitioner is not a citizen of thePhilippines, But an immigrant and resident of USA. Petitioner admitted that he was a naturalizedAmerican citizen but he applied for dual citizenship under R.A. 9225. WON he may be allowed to run forpublic office. R.A. 9225 imposes an additional requirement on those who wish to seek elective publicoffice. He is thus disqualified from running for public office in view of his failure to renounce hisAmerican citizenship. (De Guzman vs. COMELEC, G.R. No. 129118. J uly 19, 2000)

Petitioner believing that he is a Filipino citizen, upon filing an application for repatriation, filed hisCertificate of Candidacy for mayor. The absence of any official action or approval by the properauthorities, a mere application for repatriation does not and cannot amount to the automatic

reacquisition of the applicants Philippine citizenship. (Labo vs. COMELEC, GR No. 86564, August 1,1989)

Moral Turpitude

A petition for disqualification was filed against the petitioner for the alleged conviction for violationof BP 22 which is a crime involving moral turpitude. WON every criminal act involves moral turpitude.Not every criminal act involves moral turpitude and the court has the authority to determine. It dependsupon the circumstances surrounding the violation of the statute. (Villaber vs. COMELEC, G.R. No.148326, November 15, 2001)

Fugitive from Justice

Petitioner sought the cancellation of respondents Certificate of Candidacy on the ground that thelatter is a fugitive from justice. The respondent is allegedly criminally charged in the United States andthat his arrest is yet to be served because of his flight from the country. WON fugitive from justicecovers only those convicted by final judgment. Fugitive from justice does not mean a person convictedby final judgment. It includes those after being charged flees to avoid prosecution. (Marquez vs.COMELEC, G.R. No. 112889, April 18, 1995)

Green Card Holder

Petitioner was sought to be disqualified to hold public office on the ground that he is a green cardholder. He alleged that he merely obtained the green card for convenience, that he is a permanentresident of the Philippines and voted in the previous elections. WON green card is proof that the holderis a permanent resident of the United States. Immigration to the Unites States constituted an


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abandonment of respondents domicile and residence in the Philippines. He entered the United Stateswith the intention to have his residence there permanently as evidenced by the application for animmigrants visa. To be qualified to run for elective office in the Philippines, the law requires that thecandidate who is a green card holder must have waived his status as a permanent resident orimmigrant of a foreign country. (Caasi vs. COMELEC, G.R. No. 88831 November 8, 1990)

Documents

Comelec - Election Law