Election Reviewer - Chapters 1 -7

7/28/2019 Election Reviewer - Chapters 1 -7

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Election Law Reviewer 2

That in all things, God may be glorified!2S 2011-2012

The campaign periods shall not include the daybefore and the day of the election (Sec. 3, B.P.881).

History of Election

1. 1897 Biak na Bato ConstitutionNo suffrage

2. 1899 Malolos ConstitutionNo suffrage

3. 1935 Constitution-Suffrage is limited to male citizens, 21years of age, and able to read and write.-Suffrage for women is subject toplebiscite of 300,000 women.

4. 1973 Constitution-suffrage is mandatory. Failure to registeris an election offense.

5. 1987 Constitution

THE COMMISSION ON ELECTIONSChapter 2

Jurisdiction

General Rule: The COMELEC sitting en bancdoesNOT have the requisite authority to hear and decideelection cases in the first instance. This powerpertains to the divisions of the Commission. Anydecision by the Commission en banc as regardselection cases decided by it in the first instance is nulland void (Abad v. COMELEC)

Exceptions:

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

2. When the required number of votes to reach adecision, resolution, order or ruling is notobtained in the division (Garvida v. Sales, Jr.)

3. Where the petitioner invoked the jurisdiction ofthe COMELEC en banc, participated in itsproceedings and sought relief therefrom, in whichinstance he is estopped to subsequently questionthe jurisdiction of the COMELEC en banc(Ramirez v. COMELEC);

4. Petitions for the postponement, declaration offailure of election and the calling of specialelections (Loong v. COMELEC); and

5. The COMELEC en banc has the power toprosecute election cases, and in the exercise ofsuch prosecutory power, it conducts preliminaryinvestigation, decides whether or not there existsa probable cause and files the correspondinginformation in court. (Faelnar v. People).

Powers and Functions:1. Enforcement and Administration of Election Laws

and Regulations2. Power to ensure free, honest, orderly credible

and peaceful elections.

3. Rule Making Power4. Quasi-Legislative Functions5. Quasi-Judicial Power6. Contempt and Subpoena7. Auxiliary writs and processes8. Specific Powers

a. Power to declare failure of elections

Two conditions must concur before theCOMELEC can act on a petition seekingto declare a failure of elections:i. No voting took place in the precinct

or precincts on the date fixed by law,or even if there was voting, theelection resulted in failure to elect;and

ii. The votes not cast would haveaffected the result of the elections.(Dibratun v. Comelec)

*The cause of such failure of electioncould only be any of the following:force majeure, violence, terrorism,

fraud, or other analogous cases.

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 ofthe postponement or suspension ofthe election or failure to elect; and


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Composition: Chairman and eightCommissionersTerm: 7 years without reappointment

1987 ConstitutionComposition: Chairman and sixCommissionersTerm: 7 years without reappointment

Case Digest:

Power of COMELECElection for the Office of the Representatives washeld. Because of the alleged irregularity in thecanvassing of votes, COMELEC issued a resolutionto reopen the ballot boxes to obtain judicial remediesunder section 163 of the Revised Election Code.WON the resolution is valid.The COMELEC has the power to investigate and acton the propriety or legality of the canvass of electionreturns made by the board of canvassers. Cauton vs.COMELEC)_____The Congress enacted R.A. 8436 for the Automationof Election System. The Automated Machines usedduring the election did not properly read the votescasted. COMELEC issued a minute resolution

ordering a manual count.WON the resolution is valid.To continue with the automated count would result ina grossly erroneous count. The resolution merelyreinforces the collective efforts to endow COMELECwith enough power to hold free, honest, orderly, andcredible elections. (Loong vs. COMELEC)

Judicial RecountElection was held; one of the candidates filed apetition to annul the canvass and proclamation due to

alleged irregularity in the canvassing. The COMELECissued a resolution annulling the canvass andproclamation.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)

Exercise of discretionA coalition of several political parties was awardedthe right to have the minority representation in theBoard of Election Inspectors. Upon the termination ofthe coalition, the COMELEC granted the said right toanother political party.WON the modification is valid.The COMELEC shall have the discretion to choosethe minority inspector. The modification by theCommission of its ruling awarding the minorityinspector to another party is a legal exercise of thediscretion vested. (Sumulong vs. COMELEC)

Period in rendering decisionAn election case was filed before the COMELEC enbanc. En banc failed to render its decision within 90days from the date the case was submitted fordecision as mandated by law.WON the decision is still valid.The COMELEC has numerous cases before it,Considering the manpower and logistic limitations, itis sensible to treat the procedural requirements ondeadlines realistically. (Alvarez vs. COMELEC)

VOTERS AND VOTERREGISTRATIONChapters 3 and 4

*Sections 113 to 148 of the Omnibus Election Codehave been repealed or modified to the extent thatthey are inconsistent with the provisions ofR.A. 8189or the Voters Registration Act of 1996.

Registration refers to the act of accomplishing andfiling of a sworn application for the registration by aqualified voter before the election officer of the city ormunicipality wherein he resides and including thesame in the book of registered voters upon approvalby the Election Registration Board(R.A. 8189, Sec 3(a)).

Registration Record an application for registrationduly approved by the Election Registration Board(R.A 8189, Sec 3 (b)).


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All registration records in a precinct are compiledin a Book of Voters, which is generally used bythe Board of Election Inspectors for reference incases of conflicts and inadequacies in the postedlist of voters.

List of Voters refers to an enumeration of namesof registered voters in a precinct duly certified by theElection Registration Board for use in the Election

Qualifications for Suffrage:(Sec. 1, Art. V, Constitution)1. Filipino citizen;2. At least 18 years of age;3. Resident of the Philippines for at least one year;4. Resident of the place where he proposes to vote

for at least 6 months; and5. Not otherwise disqualified by law.

It is incumbent upon one who claims Philippinecitizenship to prove to the satisfaction of the courtthat he is really a Filipino. No presumption can beindulged in favor of the claimant of Philippinecitizenship, and any doubt regarding citizenshipmust be resolved in favor of the state (Go v.Ramos)

In election cases, the Court treats domicile andresidence as synonymous terms. Both import notonly an intention to reside in a fixed place butalso personal presence in that place, coupledwith conduct indicative of such intention. Domiciledenotes a fixed permanent residence to whichwhen absent for business or pleasure, or for likereasons, one intends to return (Pundaodaya vComelec)

No literacy, property, or other substantiverequirement shall be imposed on the exercise ofsuffrage.

There exists no presumption that a person isentitled to vote and that the burden is in the voterto prove that he has the qualifications and noneof the disqualifications prescribed by law (U.S. v.Tria)

Any person who transfers residence to anothercity, municipality or country solely by reason ofhis occupation; profession; employment in privateor public service; educational activities; work inmilitary or naval reservations; service in the army,navy or air force; the constabulary or nationalpolice force; or confinement or detention ingovernment institutions in accordance with law,shall be deemed not to have lost his originalresidence (Sec. 117, OEC).

Disqualifications:(Sec. 118, OEC)1. Person convicted by final judgment to suffer

imprisonment for not less than 1 year, unlesspardoned or granted amnesty; but right isreacquired upon expiration of 5 years afterservice of sentence;

2. Person adjudged by final judgment as havingcommitted any crime involving disloyalty togovernment or any crime against nationalsecurity; but right is reacquired upon expiration of5 years after service of sentence; and

3. Insane or incompetent persons as declared bycompetent authority.

Registration of Voters

In order that a qualified elector may vote in anyelection, plebiscite or referendum, he must beregistered in the permanent list of voters for the cityor municipality in which he resides (Sec. 115, OEC).

Registration does not confer the right to vote; it isbut a condition precedent to the exercise of theright. Registration is a regulation, not aqualification (Yra v. Abano)

System of Continuing Registration Thepersonal filing of application of registration ofvoters shall be conducted daily in the office of theElection Officer during regular office hours. Noregistration shall, however, be conducted duringthe period starting one hundred twenty (120)days before a regular election and ninety (90)days before a special election (Sec. 8, R.A.8189).


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Congress itself has determined that the period of120 days before a regular election and 90 daysbefore a special election is enough time for theCOMELEC to make ALL the necessarypreparations with respect to the coming electionsincluding:i. Completion of project precincts, which is

necessary for the proper allocation of officialballots, election returns and other electionforms and paraphernalia;

ii. Constitution of the Board of ElectionInspectors, including the determination of theprecincts to which they shall be assigned;

iii. Finalizing the Computerized Voters List;

iv. Supervision of the campaign period; andv. Preparation, bidding, printing and distribution

of Voters Information Sheet. Suchdetermination of Congress is well within theambit of its legislative power, which thisCourt is bound to respect. (Kabataan Party-list Representative Raymond Palatino v.Commission on Elections)

Disqualification The same grounds for thedisqualifications for suffrage.

Illiterate or Disabled Voters may register withthe assistance of the Election Officer or anymember of an accredited citizens arms;application for registration may be prepared byany relative within the fourth civil degree ofconsanguinity or affinity or by the Election Officeror any member of an accredited citizens armsusing the data supplied by the applicant (Sec. 14,R.A. 8189).

An ILLITERATE OR DISABLED PERSON refersto one who cannot by himself prepare anapplication for registration because of hisphysical disability and/or inability to read andwrite (Sec. 3, R.A. 8189)

No voter shall be allowed to vote as illiterate orperson with disability / disabled, unless such factis indicated in the EDCL or the Voters

Registration Record (Sec. 30, ComelecInstructions to the BEI, December 29, 2009)

Election Registration Board There shall be ineach city and municipality as many ElectionRegistration Boards as there are election officerstherein; shall be composed of the Election Officeras chairman and as members, the public schoolofficial most senior in rank and the local civilregistrar, or in his absence, the city or municipaltreasurer. No member of the Board shall berelated to each other or to any incumbent city ormunicipal elective official within the fourth civildegree of consanguinity or affinity (Sec. 15, R.A.8189).

.

Challenges to Right to Register Any voter,candidate or representative of a registeredpolitical party may challenge in writing anyapplication for registration, stating the groundstherefor. The challenge shall be under oath andbe attached to the application, together with theproof of notice of hearing to the challenger andthe applicant. Oppositions to contest aregistrants application for inclusion in the voterslist must, in all cases, be filed not later than the

second Monday of the month in which the sameis scheduled to be heard or processed by theElection Registration Board. The hearing on thechallenge shall be heard on the third Monday ofthe month and the decision shall be renderedbefore the end of the month (Sec. 18, R.A. 8189).

Deactivation of Registration The board shalldeactivate the registration and remove theregistration records of the following persons fromthe corresponding precinct book of voters and

place the same, properly marked and dated inindelible ink, in the inactive file after entering thecause or causes of deactivation:a. Any person who has been sentenced by final

judgment to suffer imprisonment for not lessthan one (1) year, such disability not havingbeen removed by plenary pardon oramnesty: Provided, however, That anyperson disqualified to vote under thisparagraph shall automatically reacquire the


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right to vote upon expiration of five (5) yearsafter service of sentence as certified by theclerks of courts of the Municipal/ MunicipalCircuit/ Metropolitan/ Regional Trial Courtsand the Sandiganbayan;

b. Any person who has been adjudged by finaljudgment by a competent court or tribunal ofhaving caused/committed any crime involvingdisloyalty to the duly constituted governmentsuch as rebellion, sedition, violation of theanti-subversion and firearms laws, or anycrime against national security, unlessrestored to his full civil and political rights inaccordance with law; Provided, That he shallregain his right to vote automatically upon

expiration of five (5) years after service ofsentence;

c. Any person declared by competent authorityto be insane or incompetent unless suchdisqualification has been subsequentlyremoved by a declaration of a properauthority that such person is no longerinsane or incompetent;

d. Any person who did not vote in the twosuccessive preceding regular elections asshown by their voting records. For this

purpose, regular elections do not include theSangguniang Kabataan (SK) elections;

e. Any person whose registration has beenordered excluded by the Court; and

f. Any person who has lost his Filipinocitizenship (Sec. 27, R.A. 8189).

Reactivation of Registration Any voter whoseregistration has been deactivated pursuant to thepreceding Section may file with the ElectionOfficer a sworn application for reactivation of his

registration in the form of an affidavit stating thatthe grounds for the deactivation no longer existany time but not later than one hundred twenty(120) days before a regular election and ninety(90) days before a special election. The ElectionOfficer shall submit said application to theElection Registration Board for appropriate action(Sec. 28, R.A. 8189).

Preparation and Posting of the Certified Listof Voters The Board shall prepare and postcertified list of voters ninety (90) days before aregular election and sixty (60) days before aspecial election and furnish copies thereof to theprovincial, regional and national central files.Copies of the certified list, along with a certifiedlist of deactivated voters categorized by precinctper barangay, within the same period shalllikewise be posted in the office of the ElectionOfficer and in the bulletin board of eachcity/municipal hall. Upon payment of the fees asfixed by the Commission, the candidates andheads of registered political parties shall also befurnished copies thereof(Sec. 30, R.A. 8189).

Inclusion and Exclusion Proceedings: COMELEChas no jurisdiction to resolve the issue regarding theright to vote, the same being cognizable by the courtsin the proceedings for the exclusion or inclusion ofvoters (Canicosa v. COMELEC).

Common Rules Governing JudicialProceedings in the Matter of Inclusion,Exclusion and Correction of Names of Voters(Sec. 32, R.A. 8189):

a. Petition for inclusion, exclusion or correctionof names of voters shall be filed during officehours;

b. Notice of the place, date and time of thehearing of the petition shall be served uponthe members of the Board and thechallenged voter upon filing of the petition;

c. A petition shall refer only to one (1) precinctand shall implead the Board as respondents;

d. No costs shall be assessed against any partyin these proceedings. However, if the court

should find that the application has been filedsolely to harass the adverse party and causehim to incur expenses, it shall order theculpable party to pay the costs and incidentalexpenses;

e. Any voter, candidate or political party whomay be affected by the proceedings mayintervene and present his evidence;

f. The decision shall be based on the evidencepresented and in no case rendered upon a


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stipulation of facts. If the question is whetheror not the voter is real or fictitious, his non-appearance on the day set for hearing shallbe prima facie evidence that the challengedvoter is fictitious; and

g. The petition shall be heard and decidedwithin ten (10) days from the date of its filing.Cases appealed to the Regional Trial Courtshall be decided within ten (10) days fromreceipt of the appeal. In all cases, the courtshall decide these petitions not later thanfifteen (15) days before the election and thedecision shall become final and executory.

Jurisdiction in Inclusion and Exclusion Cases

The Municipal and Metropolitan Trial Courtsshall have ORIGINAL AND EXCLUSIVEjurisdiction over all cases of inclusion andexclusion of voters in their respective cities ormunicipalities. Decisions of the Municipal orMetropolitan Trial Courts MAY BE APPEALED bythe aggrieved party to the Regional Trial Courtwithin five (5) days from receipt of notice thereof.Otherwise, said decision shall become final andexecutory. The regional trial court shall decidethe appeal within ten (10) days from the time it is

received and the decision shall immediatelybecome final and executory. No motion forreconsideration shall be entertained (Sec. 33,R.A. 8189).

It is not within the competence of the trial court, inexclusion proceedings, to declare the challengedvoter as a resident of another municipality. Thejurisdiction of the trial court is limited only todetermining the right of the voter to remain in thelist of voters or to declare that the challenged

voter is not qualified to vote in the precinct inwhich he is registered, specifying the ground forthe voters disqualification. (Domino v Comelec)

Petition for Inclusion Any person whoseapplication for registration has been disapprovedby the Board or whose name has been strickenout from the list may file with the court a petitionto include his name in the permanent list ofvoters in his precinct at any time except one

hundred five (105) days prior to a regular electionor seventy-five (75) days prior to a specialelection. It shall be supported by a certificate ofdisapproval of his application and proof of serviceof notice of his petition upon the Board. Thepetition shall be decided within fifteen (15) daysafter its filing (Sec. 34, R.A. 8189).

Petition for Exclusion: Any registered voter,representative of a political party or the ElectionOfficer, may file with the court a sworn petition forthe exclusion of a voter from the permanent list ofvoters giving the name, address and the precinctof the challenged voter at any time except onehundred (100) days prior to a regular election orsixty-five (65) days before a special election. Thepetition shall be accompanied by proof of noticeto the Board and to the challenged voter andshall be decided within ten (10) days from itsfiling (Sec. 35, R.A. 8189).

Annulment of Book of Voters: The Commissionshall, upon verified petition of any voter or electionofficer or duly registered political party, and afternotice and hearing, annul any book of voters that isnot prepared in accordance with the provisions of this

Act or was prepared through fraud, bribery, forgery,impersonation, intimidation, force or any similarirregularity, or which contains data that arestatistically improbable. No order, ruling or decisionannulling a book of voters shall be executed withinninety (90) days before an election (Sec. 39, R.A.8189).

The annulment of the list of voters shall notconstitute a ground for a pre-proclamationcontest (Ututalum v. COMELEC).

Overseas Absentee Voting Act (R.A. 9189)

Absentee voting- the process by which ratifiedcitizen of the Philippines abroad exercises theirright to vote. (Sec. 3)

Overseas Absentee Voter" refers to a citizen ofthe Philippines who is qualified to register andvote under this Act, not otherwise disqualified by


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law, who is abroad on the day of elections. (Sec.3)

Coverage: All citizens of the Philippines abroad,who are not otherwise disqualified by law, at least18 years of age, may vote for President, Vice-President, Senators, and Party-listRepresentatives.

Disqualifications:(Sec. 5)

1. Those who have lost their Filipino citizenship inaccordance with Philippine laws;

2. Those who have expressly renounced theirPhilippine citizenship and who have pledgedallegiance to a foreign country;

3. Those who have committed and are convictedin a final judgment by a court or tribunal of anoffense punishable by imprisonment of not lessthan one (1) year, including those who havecommitted and been found guilty of Disloyalty asdefined under Article 137 of the Revised Penal

Code, such disability not having been removedby plenary pardon or amnesty; Provided,however, That any person disqualified to voteunder this subsection shall automatically acquirethe right to vote upon expiration of five (5) yearsafter service of sentence; Provided, further, Thatthe Commission may take cognizance of finaljudgments issued by foreign courts or tribunalsonly on the basis of reciprocity and subject to theformalities and processes prescribed by theRules of Court on execution of judgments;

4. An immigrant or a permanent resident who isrecognized as such in the host country, unlesshe/she executes, upon registration, an affidavitprepared for the purpose by the Commissiondeclaring that he/she shall resume actualphysical permanent residence in the Philippinesnot later than three (3) years from approval ofhis/her registration under this Act. Such affidavitshall also state that he/she has not applied forcitizenship in another country. Failure to return

shall be the cause for the removal of the name ofthe immigrant or permanent resident from theNational Registry of Absentee Voters and his/herpermanent disqualification to vote in absentia.

5. Any citizen of the Philippines abroadpreviously declared insane or incompetent bycompetent authority in the Philippines or abroad,as verified by the Philippine embassies,consulates or Foreign Service establishmentsconcerned, unless such competent authoritysubsequently certifies that such person is nolonger insane or incompetent.

Personal Overseas Absentee Registration.

Registration as an overseas absentee voter shall bedone in person. (Sec. 6)

The embassies, consulates and other foreign serviceestablishments shall transmit within (5) days fromreceipt the accomplished registration forms to theCommission, after which the Commission shallcoordinate with the Election Officer of the city ormunicipality of the applicants stated residence forverification, hearing and annotation in the permanentlist of voters. (Sec. 6)

The overseas absentee voter shall personallyaccomplish his/her ballot at the embassy,consulate or other foreign service establishmentthat has jurisdiction over the country wherehe/she temporarily resides or at any polling placedesignated and accredited by the Commission.(Sec. 16(2)

The overseas absentee voter shall cast his ballot,upon presentation of the absentee voter

identification card issued by the Commission,within thirty (30) days before the day of elections.In the case of seafarers, they shall cast theirballots anytime within sixty (60) days before theday of elections as prescribed in theImplementing Rules and Guidelines. (Sec. 16(3)

Case Digest:

Overseas Absentee Voting


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Election Law R eviewer 10


Petitioners are dual citizens whose applications foroverseas absentee voting pursuant to The OverseasAbsentee Voting Act were denied by the COMELECdue to lack of residency requirement as provided bySec. 1, Art. V of 1987 Philippine Constitution.WON the act of COMELEC is valid.Section 2, Article V is the exception to the residencyrequirement found in section 1 of the same article.Provided the duals meet the requirements undersection 1 in relation to R.A. 8189, they should not bedenied the right of suffrage as an overseasabsentee voter. (Lewis vs. COMELEC)

Registration of votersPetitioner sought to direct the COMELEC to conduct

a special registration of new voters within 120 daysbefore the May 14, 2001 General Elections.WON the petition may be granted.The exercise of right to suffrage is subject to existingsubstantive and procedural requirements. Sec. 8,R.A. 8189 provides that no registration shall beconducted during the period within 120 days before aregular election and 90 days before a specialelection. (Akbayan-Youth vs. COMELEC)

Local Absentee Voting (E.O. 157)

Any person who by reason of public functions andduties, is not in his/her place of registration onelection day, may vote in the city/municipality wherehe/she is assigned on election day: Provided, Thathe/she is a duly registered voter. (Sec. 1)

Thirty (30) days before the election, the appropriatehead of office shall submit to the Commission onElections a list of officers and employees of the office

who are registered voters, and who, by reason oftheir duties and functions, will be in places other thantheir place of registration, and who desire to exercisetheir right to vote, with the request that said officersand employees be provided with application forms tocast absentee ballots in their place of assignment.

The list and the request shall be under oath. (Sec. 2)

Upon verification of the applications, the Commissionshall transmit the exact number of absentee ballots to

the appropriate head of the government office fordistribution to the applicants. (Sec. 5)

The voters who cast absentee votes shall vote oneweek before election day. (Sec. 8)

The Commission on Elections shall canvass thevotes cast by absentee voters and shall add theresults of the same to the votes reported throughoutthe country. (Sec. 10)

The Party-List System Act (RA 794):

1. Party means either a political party or asectoral party or a coalition of parties.

2. Political Party refers to an organized group ofcitizens advocating an ideology or platform,principles and policies for the general conduct ofgovernment and which, as the most immediatemeans of securing their adoption, regularlynominates and supports certain of its leaders andmembers as candidates for public office. It is anational party when its constituency is spreadover the geographical territory of at least amajority of the regions. It is a regional party when

its constituency is spread over the geographicalterritory of at least a majority of the cities andprovinces comprising the region.

3. Sectoral Party refers to an organized group ofcitizens belonging to any of the sectorsenumerated in Section 5 hereof whose principaladvocacy pertains to the special interest andconcerns of their sector.

4. Sectoral Organization refers to a group of

citizens or a coalition of groups of citizens whoshare similar physical attributes orcharacteristics, employment, interests orconcerns.

5. Coalition refers to an aggrupation of dulyregistered national, regional, sectoral parties ororganizations for political and/or electionpurposes.

Registration


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

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 preceding theday 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 dayof the election; In case of a nominee of the youthsector, he must at least be twenty-five (25) butnot more than thirty (30) years of age on the dayof the election. Any youth sectoral representativewho attains the age of thirty (30) during his termshall be allowed to continue in office until theexpiration 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 ofRepresentatives in his legislative district; and

2. For the party, organizations, or coalition he wantsrepresented in the house of Representatives:Provided, That a vote cast for a party, sectoralorganization, or coalition not entitled to be votedfor shall not be counted: Provided, finally, Thatthe first election under the party-list system shallbe held in May 1998 (Section 10, R.A. 7941).

The Four Parameters in the Philippine-Style

Party-List Election (BANAT v. COMELEC):1. 20% allocation: Twenty percent of the total

number of the membership of the House ofRepresentatives is the maximum number of seatsavailable to party-list organizations, such thatthere is automatically one party-list seat for everyfour existing legislative districts.

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

guaranteed seats shall be distributed in a firstround of seat allocation to parties receiving atleast two percent of the total party-list votes.

3. Proportional representation: The additionalseats, that is, the remaining seats after allocationof the guaranteed seats, shall be distributed tothe party-list organizations including those thatreceived 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 3seats.

The formula in the allocation of party-list seatpronounced in Veterans Federation Party v.COMELEC (GR No. 136781, October 6, 2000)has thus been modified.

The continued operation of the two percentthreshold as it applies to the allocation of theadditional seats is now unconstitutional becausethis threshold mathematically and physicallyprevents the filling up of the available party-list

seats. The additional seats shall be distributed tothe parties in a second round of seat allocation(Barangay Association for National Advancementand Transparency (BANAT) v. COMELEC, G.R.No. 179271, April 21, 2009).

The three seat cap is not a violation of theConstitution because the 1987 Constitution doesnot require absolute proportionality for the party-list system.

The Guidelines for determining whether Party-ListGroups have complied with the requirements ofLaw (Ang Bagong Bayani-OFW Labor Party v.COMELEC):1. The political party, sector, organization or

coalition must represent the marginalized and theunderrepresented groups identified in Sec. 5 ofRA 7941. Majority of its membership shouldbelong to the marginalized andunderrepresented;


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2. While even major political parties are expresslyallowed by RA 7941 and the Constitution, theymust comply with the declared statutory policy ofFilipino citizens belonging to marginalized andunderrepresented sectors to be elected to theHouse of Representatives. Thus, they mustshow that they represent the interest of themarginalized and underrepresented;

3. Religious sector may not be represented in theparty-list system; except that priests, imams orpastors may be elected should they represent nottheir religious sect but the indigenous communitysector;

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

5. The party or organization must not be an adjunctof, or a project organized or an entity funded orassisted by, the government;

6. The party, including its nominees must complywith the qualification requirements of Section 9,R.A. 7941;

7. Not only the candidate party or organization mustrepresent the marginalized and underrepresentedsectors, so also must its nominees;

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

CANDIDATESChapter 5

Candidate refers to any person aspiring for orseeking an elective public office, who has filed acertificate of candidacy and that any person whofiles certificate of candidacy within [the period forfiling] shall only be considered as a candidate at thestart of the campaign period for which he filed hiscertificate of candidacy. (Penera v. Comelec)

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 & write

4.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

elected

5.Resident of the same district for a period of not lessthan 1 year Immediately preceding the day ofelection. (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 of the SGpanlalawigan, panlungsod or bayan, the districtwhere he intends to be elected;


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3.Resident therein for at least 1 year immediatelypreceding the election;

4.Able to read and write Filipino or any other locallanguage or dialect;

5.On election day, age must at least be:a)23 years governor, vice-governor, member of

the SG panlalawigan, mayor, vice mayor, ormember of the SG panlungsodof HUC;

b)21 years mayor or vice mayor of ICC, CC, ormunicipalities;18 years member of the SG panlungsod orSG bayan, or punong barangay or member ofthe SG barangay 15 but not more than 18 years SK(Sec 39, R.A. 7160)

Qualifications prescribed by law are continuingrequirements and must be possessed for theduration of the officers active tenure. Once anyof the required qualification is lost, his title to theoffice may be seasonably challenged. (Frivaldovs. COMELEC)

The law does not specify any particular date ortime 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.)

Disqualifications:

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):

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

Those who have not served theirsentence by reason of the grant ofprobation which should not be equatedwith service of sentence, should notlikewise be disqualified from running fora local elective office because the two-year period of ineligibility does not evenbegin to run (Moreno v. COMELEC, GRNo. 168550, August 10, 2006).

b. Those removed from office as a result of anadministrative case;

An elective local official who wasremoved from office as a result of anadministrative case prior to January 1,1992 the date of effectivity of the LocalGovernment Code is not disqualifiedfrom running for an elective local publicoffice, because Sec. 40 of the LocalGovernment Code cannot be givenretroactive effect (Grego v. COMELEC,GR No. 125955, June 19, 1997).

c. Those convicted by final judgment forviolating the oath of allegiance to theRepublic;

d. Those with dual citizenship;

Dual citizenship as a disqualificationmust refer to citizens with dualallegiance. Consequently, persons withmere dual citizenship do not fall underthe disqualification (Mercado v.Manzano, GR No. 135083, May 26,1999).

e. Fugitives from justice in criminal or non-political cases here or abroad;

A fugitive from justice includes not onlythose who flee after conviction to avoidpunishment, but likewise those who, afterbeing charged, flee to avoid prosecution(Marquez v. COMELEC,).

f. Permanent residents in a foreign country orthose who have acquired the right to reside


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abroad and continue to avail of the sameright after the effectivity of this Code;

Green card is ample evidence to showthat the person is an immigrant to, or apermanent resident of, the United Statesof America (Caasi v. Court of Appeal).

g. The insane or feeble-minded.

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

mediab. One who has given money or other material

consideration to influence votersc. One who committed acts of terrorismd. One who spent election campaign in excess

allowed by lawe. 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 four years shall bequalified for election to the same office at anytime. (Sec.4, Art. VII)

3. General Disqualification*Vice-President:

1. Shall not serve for more than two consecutiveterms. (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 forsubversion, insurrection, rebellion, or for anyoffense for which he has been sentenced to apenalty of more than 18 months or for a crimeinvolving moral turpitude, unless given plenarypardon or granted amnesty. (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 consecutiveterms. (Sec. 7 Art. VI);

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

3. One who has been sentenced by final judgmentfor subversion, insurrection, rebellion, or for anyoffense for which he has been sentenced to apenalty of more than 18 months or for a crime

involving moral turpitude, unless given plenarypardon or granted amnesty. (Sec. 12, BP 881 orthe 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 offenseinvolving moral turpitude or for an offensepunishable 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 the Philippines;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 reside abroad andcontinue to avail of the same right after the

effectivity of the Local Government Code;7. insane or feeble-minded

Certificate of CandidacyA statement of a person seeking to run for a publicoffice certifying that he announces his candidacy forthe office mentioned and that he is eligible for theoffice, the name of the political party to which hebelongs if he belongs to any, and his post-office


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address for all election purposes being as well stated(Sinaca v Mula).

No person shall be eligible for any elective publicoffice unless he files a sworn certificate ofcandidacy within the period fixed by law (Sec. 73,OEC).

Automatic Resignation Officials holdingappointive offices, including active members ofAFP and officers of government-owned orcontrolled corporations shall be considered ipsofacto resigned (Sec. 66, OEC & Art. 13, par. 3,R.A. 9369).

Only elective officials may file their certificates ofcandidacy without being deemed ipso factoresigned from their posts. There is no violation ofthe equal protection clause since there is aSUBSTANTIAL DISTINCTION BETWEENELECTIVE AND APPOINTIVE OFFICIALS towarrant differential treatment:i. Elective officials occupy their office by virtue

of the mandate of the electorate. On theother hand, appointive officials hold theiroffice by virtue of their designation thereto byan appointing authority.

ii. Appointive officials, as officers andemployees in the civil service, are strictlyprohibited from engaging in any partisanpolitical activity or take part in any electionexcept to vote. On the other hand, electiveofficials, or officers or employees holdingpolitical offices, are obviously expresslyallowed to take part in political and electoralactivities(Quinto, et al. v COMELEC)

Formal Defects in the Certificate ofCandidacy: The election of a candidate cannotbe annulled on the sole ground of formal defectsin his certificate of candidacy (De Guzman v.Board of Canvassers).

Death, Disqualification or Withdrawal ofCandidate; Substitution of Candidate: If afterthe last day for the filing of certificates ofcandidacy, an official candidate of a registered

accredited political party dies, withdraws or isdisqualified for any cause, only a personbelonging to, and certified by, the same politicalparty may file a certificate of candidacy to replacethe candidate who died, withdrew or wasdisqualified not later than mid-day of the day ofthe election (Sec. 76, OEC).

Withdrawal of Certificate of Candidacy: Thewithdrawal of the certificate of candidacy shalleffect the disqualification of the candidate to beelected, for the position. The withdrawal of thewithdrawal, for the purpose of reviving thecertificate of candidacy, must be made within theperiod provided by law for the filing of certificatesof candidacy.

Filing of Two Certificates of Candidacy: Whena person files two certificates of candidacy fordifferent offices, he becomes ineligible for eitherposition (Sec. 72, OEC). He may withdraw one ofhis certificates by filing a sworn declaration withthe Commission before the deadline for the filingof certificates of candidacy.

Before the deadline for filing the certificate, a

candidate may withdraw all except one, declaringunder oath the office for which he desires to beeligible and cancel the certificate of candidacy forother office or offices (Go v. COMELEC).

The COMELEC shall have only the ministerialduty to receive and acknowledge receipt of thecertificates of candidacy (Sec. 76, OEC).Accordingly, the COMELEC may not, by itself,without proper proceedings, deny due course toor cancel a certificate 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 motupropio or upon petition of an interested party,refuse to give due course to or cancel a


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certificate of candidacy if shown that saidcertificate was filed:1. To put the election process in mockery or

disrepute;2. To cause confusion among voters by

similarity of names of registered candidates;3. By other circumstances or acts which

demonstrate that a candidate has no bonafide intention to run for the office for which hiscertificate of candidacy has been filed, andthus prevent a faithful determination of thetrue will of the electorate.

Petition to Deny Due Course or to CancelCertificate of Candidacy The COMELEC, upon proper petition, may

cancel a certificate of candidacy on theground that any material misrepresentationcontained therein as required under Sec. 74of the OEC is false (Sec. 78, OEC), providedthat (a) the false representation pertains tomaterial matter affecting substantive rights ofa candidate and that (b) the falserepresentation must consist of deliberateattempt to mislead, misinform, or hide a factwhich would otherwise render a candidate

ineligible (Salcedo II v. COMELEC).

The petition may be filed not later than 25days from the time of filing of the certificate ofcandidacy, and shall be decided, after duenotice and hearing, not later than 15 daysbefore the election (Section 78 B.P. 881).

Jurisdiction over a petition to cancel acertificate of candidacy lies with theCOMELEC in division, not with the

COMELEC en banc (Garvida v. Sales).

Effect of Disqualification Case: Any candidatewho has been declared by final judgment to bedisqualified shall not be voted for, and the votescast for him shall not be counted. If for anyreason a candidate is not declared by finaljudgment before an election to be disqualifiedand he is voted for and receives the winningnumber of votes in such election, the Court or

Commission shall continue with the trial andhearing of the action, inquiry, or protest and,upon motion of the complainant or anyintervenor, may during the pendency thereoforder the suspension of the proclamation of suchcandidate whenever the evidence of his guilt isstrong (Sec. 6, RA 6646 or the Electoral ReformsLaw of 1987).

Note that the COMELEC can suspendproclamation only when evidence of thewinning candidates guilt is strong (Codilla,Sr. v. De Venecia, et. al).

The use of the word may indicates that thesuspension of the proclamation is merely

permissive. If the COMELEC does not findany sufficient ground to suspendproclamation, then a proclamation may bemade (Grego v. COMELEC, supra).

It is incorrect to say that since a candidatehas been disqualified, the votes intended forthe disqualified candidate should, in effect,be null and void. This would amount todisenfranchising the electorate in whomsovereignty reside (Ortega v. COMELEC).

The ineligibility of a candidate receiving

majority votes does not entitle the eligiblecandidate receiving the next highest numberof votes to be declared elected.

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

votes is disqualified; AND2. The electorate is fully aware in fact and in

law of the candidates disqualification so asto bring such awareness within the realm ofnotoriety but would nonetheless cast their

votes in favor of the ineligible candidate.(Grego v. COMELEC, supra).

Case Digest:

Term of officeThe petitioner was duly elected and served 2consecutive terms as Municipal Mayor prior to 1995elections. In the 1995 elections he was againproclaimed winner but due to election protest againsthim, he was removed from office months before the


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1998 elections. In the 1998 elections he again ranand won. A disqualification case was filed againsthim.WON petitioners service from 1996 to 1998 as Mayormay be considered as service of one full term.Two requisites for the disqualification must concur: 1.that the official concerned has been duly elected forthree consecutive terms in the same localgovernment post; and 2. that he has fully servedthree consecutive terms. The two requisites areabsent. He cannot be considered as having beenduly elected and he did not fully serve the term byreason of involuntary relinquishment of office.(Lonzanida vs. COMELEC)

Philippine citizenshipPrivate respondent filed a petition for disqualificationalleging 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 citizenshipunder R.A. 9225.WON he may be allowed to run for public office.R.A. 9225 imposes an additional requirement onthose who wish to seek elective public office. He isthus disqualified from running for public office in view

of his failure to renounce his American citizenship.(De Guzman vs. COMELEC)__________Petitioner believing that he is a Filipino citizen, uponfiling an application for repatriation, filed hisCertificate of Candidacy for mayor.The absence of any official action or approval by theproper authorities, a mere application for repatriationdoes not and cannot amount to the automaticreacquisition of the applicants Philippine citizenship.(Labo vs. COMELEC)

Moral TurpitudeA petition for disqualification was filed against thepetitioner for the alleged conviction for violation of BP22 which is a crime involving moral turpitude.WON every criminal act involves moral turpitude. Notevery criminal act involves moral turpitude and thecourt has the authority to determine. It depends uponthe circumstances surrounding the violation of thestatute. (Villaber vs. COMELEC)

Fugitive from JusticePetitioner sought the cancellation of respondentsCertificate of Candidacy on the ground that the latteris a fugitive from justice. The respondent is allegedlycriminally charged in the United States and that hisarrest is yet to be served because of his flight fromthe country.WON fugitive from justice covers only thoseconvicted by final judgment.Fugitive from justice does not mean a personconvicted by final judgment. It includes those afterbeing charged flees to avoid prosecution. (Marquezvs. COMELEC)

Green Card Holder

Petitioner was sought to be disqualified to hold publicoffice on the ground that he is a green card holder.He alleged that he merely obtained the green card forconvenience, that he is a permanent resident of thePhilippines and voted in the previous elections.WON green card is proof that the holder is apermanent resident of the United States.Immigration to the Unites States constituted anabandonment of respondents domicile and residencein the Philippines. He entered the United States withthe intention to have his residence there permanently

as evidenced by the application for an immigrantsvisa.To be qualified to run for elective office in thePhilippines, the law requires that the candidate who isa green card holder must have waived his status as apermanent resident or immigrant of a foreign country.(Caasi vs. COMELEC)

CAMPAIGN, ELECTION

PROPAGANDA, CONTRIBUTIONSAND EXPENDITURESChapter 6

Election Campaign or Partisan Political Activity refers to an act designed to promote the election ordefeat of a particular candidate or candidates to apublic office (Sec. 79, OEC).


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Prohibition against Premature Campaigning Partisan political activities are prohibited outsidethe campaign period (Sec. 80, OEC). However,the following political activities are permittedoutside the campaign period:

1. Those performed for the purpose ofenhancing the chances of aspirants fornomination for candidacy to a public office bya political party, aggroupment, or coalition ofparties;

2. Public expressions or opinions or discussionsof probable issues in a forthcoming electionor on attributes of or criticisms againstprobable candidates proposed to benominated in a forthcoming political partyconvention (Sec. 79, OEC).

If there is yet no candidate whose interest it is tobe promoted or defeated, there is no restriction toany election campaign or partisan politicalactivity. Accordingly, engaging in partisan politicalactivity in favor of, or against, a person who hasnot filed a certificate of candidacy is notprohibited.

A person who files a certificate of candidacy isnot a candidate until the start of the campaignperiod (Lanot v. Comelec)

A candidate is liable for an election offense onlyfor acts done during the campaign period, notbefore. The law is clear as daylight any electionoffense that may be committed by a candidateunder any election law cannot be committedbefore the start of the campaign period. (Penerav. Comelec)

Fair Elections Act(R.A. 9006)

Lawful Election Propaganda1. Written/Printed Materials (does not exceed 8

in. width by 14 in. length)2. Handwritten/printed letters

3. Posters (not exceeding 2 x 3 ft.), however, 3 by 8ft. streamers are allowed in announcing a publicmeeting or rally, at the site and on the occasionof a public meeting or rally, may be displayed 5days before the date of rally but shall be removedwithin 24 hours after said rally.

4. Print Ads5. page in broadsheets and page in tabloids

thrice a week per newspaper, magazine or otherpublication during the campaign period

6. Broadcast Media (i.e. TV and Radio):a. National Positions: 120 minutes for TV and

180 minutes for radio;b. Local Positions: 60 minutes for TV and 90

minutes for radio.

Prohibited forms of Election Propaganda (Sec.85, BP 881)

(a) To print, publish, post or distribute any poster,pamphlet, circular, handbill, or printed matter urgingvoters to vote for or against any candidate unlessthey bear the names and addresses of the printerand payor as required in Section 84 hereof;(b) To erect, put up, make use of, attach, float ordisplay any billboard, tinplate-poster, balloons and

the like, of whatever size, shape, form or kind,advertising for or against any candidate or politicalparty;

(c) To purchase, manufacture, request, distribute oraccept electoral propaganda gadgets, such as pens,lighters, fans of whatever nature, flashlights, athleticgoods or materials, wallets, shirts, hats, bandanas,matches, cigarettes and the like, except thatcampaign supporters accompanying a candidateshall be allowed to wear hats and/or shirts or T-shirtsadvertising a candidate;

(d) To show or display publicly any advertisement orpropaganda for or against any candidate by means ofcinematography, audio-visual units or other screenprojections except telecasts which may be allowed ashereinafter provided; and

(e) For any radio broadcasting or television stationto sell or give free of charge air time for campaignand other political purposes except as authorized in


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Election Law R eviewer 20


this Code under the rules and regulationspromulgated by the Commission pursuant thereto

Any prohibited election propaganda gadget or

advertisement shall be stopped, confiscated or torndown by the representative of the Commission uponspecific authority of the Commission. (Sec. 39, 1978EC, modified)

Election Survey: The Supreme Court held that Sec.5.4 of the Fair Elections Actprohibiting publication ofsurvey results 15 days immediately preceding anational election and 7 days before a local electionviolates the constitutional rights of speech,expression, and the press because:

It imposes a prior restraint on the freedom ofexpression;

It is a direct and total suppression of a categoryof expression even though such suppression isonly for a limited period; and

The governmental interest sought to be promotedcan be achieved by means other than thesuppression of freedom of expression (SocialWeather Station v. COMELEC, G.R. No. 147571May 5, 2001).

COMELEC SpaceThe COMELEC shall procure the print space uponpayment of just compensation from at least three (3)national newspapers of general circulation whereincandidates for national office can announce theircandidacies. Such space shall be allocated free ofcharge equally and impartially among all thecandidates for national office on three (3) differentcalendar days: the first day within the first week of thecampaign period; the second day within the fifth weekof the campaign period; and the third day within the

tenth week of the campaign period (Sec. 7.1, RA9006).

COMELEC TimeThe COMELEC shall also procure free airtime from atleast three (3) national television networks andthree(3) national radio networks, which shall also beallocated free of charge equally and impartiallyamong all candidates for national office. Such freetime shall be allocated on three (3) different calendardays; the first day within the first week of the

campaign period; the second day within the fifth weekof the campaign period; and the third day within thetenth weeks of the campaign period (Sec 7.2, RA9006).

Right to ReplyAll registered parties and bona fide candidates shallhave the right to reply to charges published againstthem. The reply shall be given publicity by thenewspaper, televeision and/or radio station which firstprinted or aired the charges with the sameprominence or in the same page or section or in thesame time slot as the first statement (Sec. 10, RA9006, Fair Election Act).

Equal Access to Media Time and Space (Sec 6, BP881)

Print advertisements shall not exceed one-fourth (1/4) page in broadsheet and one-half(1/2) page in tabloids thrice a week pernewspaper, magazine or other publications,during the campaign period.

Not more than one hundred twenty (120)minutes of television advertisement and one

hundred eighty (180) minutes of radioadvertisement whether by purchase ordonation.

Not more than sixty (60) minutes of televisionadvertisement and ninety (90) minutes ofradio advertisement whether by purchase ordonation.

Exit PollsExit polls may only be taken subject to the following

requirements:1. Pollsters shall not conduct their surveys within

fifty (50) meters from the polling place, whethersaid survey is taken in a home, dwelling placeand other places;

2. Pollsters shall wear distinctive clothing;3. Pollsters shall inform the voters that they may

refuse to answer; and4. The result of the exit polls may be announced

after the closing of the polls on election day, and


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must clearly identify the total number ofrespondents, and the places where they weretaken. Said announcement shall state that thesame is unofficial and does not represent a trend.

Exit polls and the dissemination of their resultsthrough mass media constitutes part of thefreedom of speech and of the press. Hence, theComelec cannot ban them totally in the guise ofpromoting clean, honest, orderly and credibleelections. (ABS-CBN v. COMELEC, G.R. No.133486, January 28, 2000)

Contribution- includes a gift, donation,subscription, loan, advance or deposit of moneyor anything of value, or a contract, promise oragreement to contribute, whether or not legallyenforceable, made for the purpose of influencingthe results of the elections but shall not includeservices rendered without compensation byindividuals volunteering a portion or all of theirtime in behalf of a candidate or political party. Itshall also include the use of facilities voluntarilydonated by other persons, the money value ofwhich can be assessed based on the ratesprevailing in the area. (Sec. 94, BP 881)

Prohibited Contributions:1. Contribution for purposes of partisan political

activity shall be made directly or indirectly by anyof the following:a. Public or private financial institutions; except,

loan made by financial institutions legally inthe business of lending money, and inaccordance with laws and regulations and inthe ordinary course of business;

b. Natural and juridical persons operating a

public utility or in possession of or exploitingany natural resources of the nation;

c. Natural and juridical persons who holdcontracts or sub-contracts to supply thegovernment or any of its divisions,subdivisions or instrumentalities, with goodsor services or to perform construction orother works;

d. Natural and juridical persons who have beengranted franchises, incentives, exemptions,allocations or similar privileges or

concessions by the government or any of itsdivisions, subdivisions or instrumentalities,including government-owned or controlledcorporations;

e. Natural and juridical persons who, within oneyear prior to the date of the election, havebeen granted loans or other accommodationsin excess of P100,000 by the government orany of its divisions, subdivisions orinstrumentalities including government-owned or controlled corporations;

f. Educational institutions which have receivedgrants of public funds amounting to no lessthan P100,000.00;

g. Officials or employees in the Civil Service, or

members of the Armed Forces of thePhilippines; and

h. Foreigners and foreign corporations.

It shall be unlawful for any person to solicit orreceive any contribution from any of thepersons or entities enumerated herein (Sec.95, OEC).

2. It shall be unlawful for any person, including apolitical party or public or private entity to solicit

or receive, directly or indirectly, any aid orcontribution of whatever form or nature from anyforeign national, government or entity for thepurposes of influencing the results of the election(Sec 96, OEC).

3. It shall be unlawful for any person to hold dances,lotteries, cockfights, games, boxing bouts, bingo,beauty contests, entertainments, orcinematographic, theatrical or otherperformances for the purpose of raising funds for

an election campaign or for the support of anycandidate from the commencement of theelection period up to and including election day;or for any person or organization, whether civic orreligious, directly or indirectly, to solicit and/oraccept from any candidate for public office, orfrom his campaign manager, agent orrepresentative, or any person acting in theirbehalf, any gift, food, transportation, contributionor donation in cash or in kind from thecommencement of the election period up to and


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including election day; except, normal andcustomary religious stipends, tithes, or collectionson Sundays and/or other designated collectiondays, are excluded from this prohibition (Sec. 97,OEC).

Expenditure- includes the payment or delivery ofmoney of anything of value, or a contract, promise oragreement to make an expenditure, for the purposeof influencing the results of the election. It shall alsoinclude the use of facilities personally owned by thecandidate, the money value of the use of which canbe assessed based on the rates prevailing in thearea. (Sec. 94, BP 881)

Limitation on Expenses:Sec. 13, Synchronized Elections and for ElectoralReforms R.A. 71661. Candidates: Ten pesos (P10.00) for President

and Vice-President; and for other candidatesThree Pesos (P3.00) for every voter currentlyregistered in the constituency where he filed hiscertificate of candidacy: Provided, That acandidate without any political party and withoutsupport from any political party may be allowed to

spend Five Pesos (P5.00) for every such voter;and

2. For political parties: Five pesos (P5.00) forevery voter currently registered in theconstituency or constituencies where it hasofficial candidates.

Statement of Contributions and Expenses (Sec.14, RA 7166)Every candidate and treasurer of the political partyshall, within thirty (30) days after the day of the

election, file in duplicate with the offices of theCommission the full, true and itemized statement ofall contributions and expenditures in connection withthe election.

Effect of Failure to File:1. Prohibited from entering upon the duties of his

office2. Administrative fines

In the case ofPilar v COMELEC (245 SCRA759), it was held that the law made no

distinction as to whether the candidatepursued his candidacy or withdrew it. TheState has an interest in seeing that theelectoral process is clean. One way ofattaining the objective is to regulatecontributions and expenses of candidates.Acandidate who withdrew may have acceptedcontributions and incurred expenses.

AUTOMATED ELECTIONSChapter 7

Automated Elections Act (R.A. 9369)

Automated election system, hereinafter toas AES - a system using appropriatetechnology which has been demonstrated in

the voting, counting, consolidating,canvassing, and transmission of electionresult, and other electoral process; (Sec. 2)

Electronic transmission - conveying data inelectronic form from one location to other;(Sec. 2)

Paper-based election system - a type ofautomated election system that use paperballots, records and counts votes, tabulates,consolidates/canvasses and transmitselectronically the results of the vote count;"

(Sec. 2) Direct recording electronic election

system- a type or automated electionsystem that uses electronic ballots, records,votes by means of a ballot display providedwith mechanical or electro-optical componentthat can be activated by the voter, processesdata by means of a computer programs,record voting data and ballot images, andtransmits voting results electronically; (Sec.2)


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Continuity plan - a list of contingencymeasures, and the policies for activation ofsuch, that are put in place to ensurecontinuous operation of the AES; (Sec. 2)

In the case of Roque v. Comelec (G.R. No.188456, September 10, 2009), the SC heldthat the COMELEC did not abdicate itsmandate and responsibility underSec. 26 ofRA 8436. With the view the SC takes of theautomation contract, the role of SmartmaticTIM Corporation is basically to supply thegoods necessary for the automation project,such as but not limited to the PCOSmachines, PCs, electronic transmissiondevices and related equipment, and the like.As lessees of the goods and the back-upequipment, the corporation and its operatorswould provide assistance with respect to themachines to be used by the COMELECwhich, at the end of the day, will beconducting the election thru its personnel andwhoever it deputizes.

The COMELEC should be afforded ampleelbow room and enough wherewithal indevising means and initiatives that wouldenable it to accomplish the great objective forwhich it was created to promote free,orderly, honest and peaceful elections

Giving to the Provider (Smartmatic TIM) theaccess keys both the private and publicaccess keys is like giving to the system

administrator of Yahoo or Hotmail one'sprivate password to his or her email account.The private key is supposed to be private tothe Chair of the Board of Election Inspectors,generated by him and unknown to theProvider. Otherwise, the Provider will havethe capacity to alter the election results at theprecinct level. Worse, even the private keysat the canvassing level are generated by theProvider, allowing the Provider to change theelection results at the canvassing level.Clearly, the COMELEC has abdicated controlover the elections to the Provider, putting the

integrity and outcome of the 10 May 2010elections solely in the hands of the Provider(Roque v. Comelec, G.R. No. 188456,September 10, 2009, Justice Carpiodissenting)

The Advisory Council (Section 8)

Eight members who must must be registeredFilipino voters, of known independence,competence and probity;

A person who is affiliated with any politicalparty or candidate for any national position,or is related to a candidate for any nationalposition by affinity or consanguinity within thefourth civil degree, shall not be eligible forappointment or designation to the AdvisoryCouncil. Should any such situation arise atany time during the incumbency of amember, the designation or appointment ofthat member, shall ipso facto be terminated

Joint Congressional Oversight Committee(Section 33)

Composed of seven members each from theSenate and the House of Representatives

o four of whom shall come from themajority

o three from the minority

To monitor and evaluate the implementation ofthis Act.

Electoral Sabotage- any person or member of theboard of election inspectors or board of canvassers

who tampers, increases or decreases the votesreceived by a candidates in any election or anymember of the board who refuses after properverification and hearing ,to credit the correct votes ordeduct such tampered votes: Provided, however,That when the tampering, increase or decrease ofvotes or the refusal to credit the correct votes and /orto deduct tampered to deduct tampered votes areperpetrated on large scale or in substantial numbers,the same shall be considered not as an ordinaryelection offense under Section 261 of the omnibus


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election code. But a special election offense to beknown as electoral sabotage and the penalty to beimposed shall be life imprisonment.

"The act or offense committed shall fall under thecategory of electoral sabotage in any of the followinginstances;

(1) When the tampering, increase and / or decreaseof votes perpetrated or the refusal to credit thecorrect votes or to deduct tampered votes, is/arecommitted in the election of a national elective office

which is voted upon nationwide and the tampering,increase and/ or decrease votes refusal to credit thecorrect votes or to deduct tampered votes, shalladversely affect the results of the election to the saidnational office to the extent that losing candidate/s is/are made to appear the winner/s;

(2) Regardless of the elective office involved, whenthe tampering, increase and/or decrease of votes

committed or the refusal to credit the correct votes orto deduct tampered votes perpetrated , is aaccomplished in a single election document or in thetransposition of the figure / results from one electiondocument to another and involved in the saidtampering increase and/or decrease or refusal tocredit correct votes or deduct tampered votes exceedfive thousand (5,000) votes, and that the sameadversely affects the true results of the election ;

(3) Any and all other forms or tampering increase/sand/ or decrease/s of votes perpetuated or in casesof refusal to credit the correcp votes or deduct thetampered votes, where the total votes involvedexceed ten thousand (10,000) votes;

"Provided finally; That any and all either persons orindividuals determined to be conspiracy or inconnivance with the members of the BEIs or BOCs

involved, shall be meted the same penalty of lifeimprisonment." (Sec. 27)

Prosecution. - The Commission shall, through its dulyauthorized legal officers, have the power, concurrentwith the other prosecuting arms of the government, toconduct preliminary investigation of all electionoffenses punishable under this Code, and prosecutethe same (Sec. 265)

Case Digest:

Propaganda materialsPetitioner entered into formal agreements with certainestablishments to endorse their products and for theuse his name and image. Then, he filed hisCertificate of Candidacy for the position of Senator.COMELEC ordered the petitioner to remove hisbillboards and to cover them from public view.WON the order of the COMELEC is valid.By regulating the use of election propagandamaterials, the COMELEC is merely doing its dutyunder the law. If the subject billboards will be allowed,

he would have more opportunity to make themselvesknown to the electorate, to the disadvantage of othercandidates who do not have the same chance.(Chavez vs. COMELEC)

Election propagandaPetitioner prayed that Sec. 12, R.A. 6132 be declaredunconstitutional for it declares unlawful to print andpublish any advertisement, paid comment or paidarticle in favor of a candidate unless the names of all

other candidates are also mentioned with equalprominence.WON the Law is unconstitutional.The slight limitationof the freedom of expression of the individual,whether candidate or not, is only one of the manydevices employed by the law to prevent a clear andpresent danger of the perversion and prostitution ofthe electoral apparatus and of denial of equalprotection of the laws. (Badoy, Jr. vs. COMELEC)_____


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Petitioner participated in a motorcade after filing herCertificate of Candidacy.Won it is considered premature campaigningA person who files a COC is not a candidate until thestart of the campaign period. A candidate is liable foran election offense only for acts during the campaignperiod, not before. (Penera vs. COMELEC)_____

Petitioners brought this action for prohibition toenjoin the Commission on Elections from enforcing5.4 of R.A. No. 9006 (Fair Election Act), whichprovides:

Surveys affecting national candidates shall notbe published fifteen (15) days before an election and

surveys affecting local candidates shall not bepublished seven (7) days before an election.

WON said provision is unconstitutionalThe Court held that 5.4 is invalid because (1) itimposes a prior restraint on the freedom ofexpression, (2) it is a direct and total suppression of acategory of expression even though suchsuppression is only for a limited period, and (3) thegovernmental interest sought to be promoted can beachieved by means other than the suppression of

freedom of expression. (SWS vs. COMELEC)

Documents

Election Reviewer - Chapters 1 -7