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8/9/2019 UST Golden Notes - Election Law
1/25
ELECTION LAW
K.ELECTIONLAW
157UNIVERSITY OF SANTO TOMAS
F a c u l t a d d e D e r e c h o i v i l
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
Q:Whatisanelection?
A:Itistheselectionofcandidatestopublicoffice
bypopularvoteofthepeople.
Q:Whatarethecomponentsofanelection?
A:
1. Choice or selection of candidates to
publicofficebypopularvote
2.
Conductofthepolls
3.
Listingofvotes
4.
Holdingofelectoralcampaign
5. Actofcastingand receiving theballots
fromthevoters
6. Countingtheballots
7. Makingtheelectionreturns
8.
Proclaimingthe
winning
candidates
Q:Whatarethetypesofelections?
A:
1.
Regularelection refers toanelection
participated in by those who possess
therightofsuffrage,arenototherwise
disqualified by law, and who are
registeredvoters.
a.NationalElection
i.forPresidentandVP
ii.for
Senators
b.LocalElections
i.ForMembersofHOR
ii.PartyListRepresentatives
iii.ProvincialOfficials
iv.CityOfficials
v.MunicipalOfficials
c.BarangayElections
d.ARRMElections
i.ForRegionalGovernor
ii.RegionalViceGovernor
iii.RegionalAssemblymen
e.SanggguniangKabataan
(SK)
Elections
2.
Special election one held to fill a
vacancy in office before theexpiration
of the term for which the incumbent
waselected.
a. Plebisciteelectoral process by
whichaninitiativeontheConstitutionis
approvedorrejectedbythepeople.
b. Initiativepower of the people to
propose amendments to the
Constitution
orto
propose
and
enact
legislations
throughelectioncalledforthepurpose
i.InitiativeontheConstitution
ii.InitiativeonStatutes
iii. Initiative on Local
Legislation
c. Referendumpower of the
electorate toapproveor rejectapiece
of legislationthroughanelectioncalled
forthepurpose.
i.ReferendumonStatutes
ii.ReferendumonLocalLaws
d.Recallmode
of
removal
of
an
elective public officer by the people
beforetheendofhistermofoffice.
Q:Whataretherulesonconstructionofelection
laws?
A:
CONSTRUCTIONOFELECTIONLAW
Laws for conduct of
elections
1.Before the election
Mandatory
2.After the election
Directory
LawsforcandidatesMandatory
and
strictly
construed
Proceduralrules
Liberally construed in
favorofascertainingthe
willoftheelections
Q:Whenwilltheelectionperiodcommence?
A: The election period shall commence 90 days
before the dayof the election and shallend 30
days thereafter. (Sec. 3, B.P. 881 Omnibus
ElectionCode)
Q:Whatisthepurposeofanelection?
A:Togivethevotersadirectparticipation inthe
affairsoftheirpublicofficialsorindecidingsome
questions of public interest. (Luna v. Rodriguez,
G.R.No.L13744,November29,1918)
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USTGOLDENNOTES2011
158POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIE L.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS:LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.VILLAMOR.
a.SUFFRAGE
Q:Whatistherightofsuffrage?
A:Itistherighttovoteintheelectionofofficers
chosenbythepeopleandinthedeterminationof
questionssubmittedtothepeople.Itincludes:
1. Election
2. Plebiscite
3. Initiativeand
4. Referendum
Q:Istherightofsuffrageabsolute?
A: No.Needlesstosay,theexerciseoftheright
ofsuffrage,asintheenjoymentofallotherrights,
is subject to existing substantive and procedural
requirements embodied in our Constitution,
statute
books
and
other
repositories
of
law.
(AKBAYANYOUTHv.COMELEC,G.R.No.147066,
March26,2001)
b.QUALIFICATIONANDDISQUALIFICATIONOF
VOTERS
Q:Whatarethequalificationsforsuffrage?
A:
1. Filipinocitizenship
2.
Atleast
18
years
of
age
3. Resident of the Philippines for at least
oneyear
4. Resident of the place where he
proposestovoteforat least6months;
and
5. Not otherwise disqualified by law (Sec.
9,R.A.No.8189)
Q:Whataretheproceduralqualifications?
A: As to the procedural limitation, the right of a
citizen to vote is necessarily conditioned upon
certain procedural requirements he must
undergo: among others, the process of
registration. Specifically, acitizen inorder to be
qualifiedtoexercisehisrighttovote, inaddition
to the minimum requirements set by the
fundamentalcharter,isobligedbylawtoregister,
at present, under the provisions of Republic Act
No. 8189, otherwise known as the Voters
Registration Act of 1996.(AkbayanYouth v.
COMELEC,G.R.No.147066,Mar.26,2001)
Q:Whoaredisqualifiedtovote?
A:
1.
Persons
sentenced
by
final
judgment
to
suffer imprisonment for not less than
one year, unless pardoned or granted
amnesty;butright isreacquiredbefore
expiration of 5 years after service of
sentence
2. Conviction by finaljudgment of any of
thefollowingcrimes:
a. Crime involving disloyalty to the
government
b.Anycrimeagainstnationalsecurity
c.Firearmslaws
Butrightisreacquiredbeforeexpiration
of5yearsafterserviceofsentence.
3.
Insanity or incompetence declared by
competentauthority(Sec.118,B.P.881
OmnibusElectionCode)
c.REGISTRATIONOFVOTERS
Q:Doesregistrationconfertherighttovote?
A: No. It is but a condition precedent to the
exercise of the right to vote. Registration is a
regulation,notaqualification.(Yrav.Abano,G.R.
No.L30187,
November
15,
1928)
Q:Whatistheeffectoftransferofresidence?
A:Anyperson,who transfersresidencesolelyby
reason of his occupation, profession or
employment in private or public service,
education,etc.,shallnotbedeemedtohave lost
hisoriginalresidence.(Asistiov.Aguirre,G.R.No.
191124,April27,2010)
Q:Whatisdomicile?
A: A place to which, whenever absent for
business or for pleasure, one intends to return,
and depends on facts and circumstances in the
sense that they disclose intent. (Romualdez
Marcosvs.COMELEC,G.R.No.119976,Sept.18,
1995)
Q:Whatisresidenceforelectionpurposes?
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ELECTION LAW
A: It implies the factual relationship of an
individual to a certain place. It is the physical
presenceofaperson inagivenarea,community
orcountry. Forelectionpurposestheconceptsof
residence and domicile are dictated by the
peculiar criteria of political laws. As these
conceptshave
evolved
in
our
election
law,
what
hasclearlyandunequivocallyemerged isthefact
that residence for election purposes is used
synonymouslywithdomicile.(Ibid.)
Q: Petitioner ran congressman of the First
DistrictofLaguna. InhisCoC,he indicated that
his complete/exactaddress is inSta.RosaCity,
Laguna. Vicente sought the cancellation of
petitionersCOCandthe lattersdisqualification
as a candidate on the ground of an alleged
materialmisrepresentation inhisCoC regarding
hisplace
of
residence,
because
during
past
elections,hehaddeclaredPagsanjan,Lagunaas
his address, and Pagsanjanwas located in the
Fourth District of Laguna and that Vicente is
merelyleasingapropertyinhisallegedSta.Rosa
residence.Does the constitution require that a
candidate be a property owner in the district
whereheintendstorun?
A:No.Although itistruethatthe latestacquired
abodeisnotnecessarilythedomicileofchoiceof
a candidate, there isnothing in theConstitution
orour
election
laws
which
require
acongressional
candidate to sell a previously acquired home in
onedistrictandbuyanewoneintheplacewhere
he seeks to run in order to qualify for a
congressional seat in thatotherdistrict. Neither
doweseethefactthatVicentewasonlyleasinga
residenceinSta.Rosaatthetimeofhiscandidacy
as a barrier for him to run in that district.
Certainly, the Constitution does not require a
congressional candidate tobe apropertyowner
inthedistrictwhereheseekstorunbutonlythat
heresides inthatdistrictforat leastayearprior
toElection
Day.
To
use
ownership
of
property
in
the district as the determinative indicium of
permanenceofdomicileorresidenceimpliesthat
onlythelandedcanestablishcompliancewiththe
residency requirement. This Courtwould be, in
effect, imposing a property requirement to the
right to hold public office, which property
requirement would be unconstitutional.
(Fernandez v. HRET, G.R. No. 187478, Dec. 29,
2009)
Q:Whoisadoubleregistrant?
A: Any person who, being a registered voter,
registersanew
without
filing
an
application
for
cancellationofhisprevious registration. (Sec.26
(y)(6),OmnibusElectionCode)
Q:Maruhomregisteredasavoter inMarawion
26 July 2003.Only three days after,Maruhom
againregisteredasavoterinMarantao,without
firstcancelingherregistrationinMarawi;andon
28 March 2007, Maruhom filed her COC
declaring that she was a registered voter in
Marantaoandeligible torunasacandidate for
thepositionofmayorofsaidmunicipality.Isshe
stillqualified
to
run
for
such
position
in
Marantao?
A: No. Her prior registration makes her
subsequentregistrationnullandvoid.Shecannot
beconsideredaregisteredvoterinMarantaoand
thusshemadea falserepresentation inherCOC
whensheclaimedtobeone.Ifacandidatestates
amaterialrepresentationintheCOCthatisfalse,
theCOMELEC isempowered todenyduecourse
toor cancel theCOC. Thepersonwhose COC is
deniedduecourseorcancelledunderSection78
ofthe
OEC
is
not
treated
as
acandidate
at
all,
as
if
suchpersonneverfiledaCOC.However,although
Maruhoms registration inMarantao is void,her
registration inMarawi still subsists. Shemaybe
barred from voting or running formayor in the
former, but she may still exercise her right to
vote, or even run for an elective post, in the
latter. (Maruhom v. COMELEC,G.R.No.179430,
July27,2009)
Q:Aredoubleregistrantsstillqualifiedtovote?
A:Yes,
double
registrants
are
still
qualified
to
vote provided that COMELEC has to make a
determinationonwhich registration is valid and
which isvoid. COMELECcouldnotconsiderboth
registrationsvalidbecauseitwouldthengiverise
to the anomalous situationwhere a voter could
voteintwoprecinctsatthesametime.COMELEC
laiddown the rule inMinuteResolutionNo.00
1513thatwhilethefirstregistrationofanyvoter
159
UNIVERSITY OF SANTO TOMAS
F a c u l t a d d e D e r e c h o i v i l
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
8/9/2019 UST Golden Notes - Election Law
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USTGOLDENNOTES2011
subsists, any subsequent registration thereto is
void ab initio. (Maruhom v. COMELEC, G.R. No.
179430,July27,2009)
Q: Y filed a petition for the cancellation of the
certificateofcandidacy(COC)ofX.Essentially,Y
sought the disqualification of X for Mayor of
South Upi, Maguindanao, alleging, that X was
not a registered voter in the Municipality of
South Upi, Maguindanao since he failed to sign
his application for registration, and that the
unsignedapplicationforregistrationhasnolegal
effect. In refutation, X asseverated that his
failuretosignhisapplicationforregistrationdid
notaffectthevalidityofhisregistrationsincehe
possesses the qualifications of a voter set forth
in the Omnibus Election Code as amended by
Section9ofRepublicAct8189.Yinsiststhatthe
signature
in
the
application
for
registration
is
indispensable for its validity as it is an
authentication and affirmation of the data
appearingtherein.ShouldXbedisqualified?
A:Yes.R.A.8189,TheVotersRegistrationActof
1996,specificallyprovidesthatanapplicationfor
registration shall contain specimen signatures of
the applicant as well as his/her thumbprints,
among others. The evidence shows that X failed
to sign very important parts of the application,
which refer to the oath which X should have
takento
validate
and
swear
to
the
veracity
of
the
contents appearing in the application for
registration. Plainly, from the foregoing, the
irregularities surrounding Xs application for
registrationeloquentlyproclaims thathedidnot
comply with the minimum requirements of RA
8189. This leads to only one conclusion: that X,
not having demonstrated that he duly
accomplished an application for registration, is
not a registered voter. Hence, he must be
disqualified to run for Mayor. (Gunsi Sr. v.
COMELEC,G.R.No.168792,Feb.23,2009)
Q:"A",whileof legalageandofsoundmind,is
illiterate. He has asked your advice on how he
canvoteinthecomingelectionforhisbrotheris
runningformayor.Thiswillbethefirsttime"A"
willvoteandhehasneverregisteredasavoter
before. What advice will you give him on the
procedureheneedstofollowinordertobeable
tovote?
A: The Constitution provides that until Congress
shall have provided otherwise, illiterate and
disabled voters shall be allowed to vote under
existing lawsandregulations(Art,V,Sec.2). It is
necessary for any qualified voter to register in
ordertovote. (OmnibusElectionCode,Sec.115)
In thecaseof illiterateanddisabledvoters,their
voter'saffidavitmaybepreparedbyanyrelative
withinthefourthcivildegreeofconsanguinityor
affinityorbyanymemberoftheboardofelection
inspectors who shall prepare the affidavit in
accordance with the data supplied by the
applicant.(Sec.14,R.A.No.8189)
Q:Whatisthesystemofcontinuingregistration?
A: GR: It is a system where the application of
registration of voters shall be conducted daily in
the
office
hours
of
the
election
officer
during
regularofficehours.
XPN: No registration shall be conducted during
the period starting 120 days before a regular
election and 90 days before a special election
(Sec.8,R.A.8189)
Note: The SC upheld COMELECs denial of the
requestfortwoadditionalregistrationdaysinorder
toenfranchisemorethan4millionyouthwhofailed
toregisteronorbeforeDecember27,2000.It isan
accepted
doctrine
in
administrative
law
that
the
determination of administrative agencies as to the
operation, implementation andapplicationofa law
is accorded greatest weight, considering that these
specialized government bodies are, by their nature
and functions, in the best position to know what
they can possibly do or not do under prevailing
circumstances(AkbayanYouthv.COMELEC,G.R.No.
147066,Mar.26,2001)
Q: On Nov. 12, 2008 respondent COMELEC
issued Resolution 8514 set Dec. 2, 2008 to
Dec.15, 2009 as the period of continuing voter
registration using the biometrics process in all
areas except ARMM. Subsequently COMELEC
issued Resolution 8585 on Feb. 12, 2009
adjusting the deadline of voter registration for
theMay10,2010nationalandlocalelectionsto
Oct. 31, 2009 instead of Dec. 15, 2009 as
previously fixed by Resolution 8514. Petitioners
challenge the validity of COMELEC Resolution
160POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIE L.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS:LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.VILLAMOR.
8/9/2019 UST Golden Notes - Election Law
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ELECTION LAW
8585 and seek the declaration of its nullity.
Petitioners further contend that the COMELEC
Resolution 8585 is an unconstitutional
encroachment on the legislative power of
Congressas itamendsthesystemofcontinuing
voterregistrationunderSection8ofRA8189.Is
COMELECResolution
8585
valid?
Differentiate
fromthecaseofAkbayanYouthv.COMELEC?
A:Inthepresentcase,theCourtfindsnoground
to hold that the mandate of continuing voter
registrationcannotbereasonablyheldwithinthe
period provided by RA 8189 (Absentee Voting),
Sec.8 daily during the office hours, except
during the period starting 120 days before the
May 10,2010 regular elections. There is thus no
occasion for theCOMELEC toexercise itspower
tofixotherdatesordeadlinesthereof.
The present case differs significantly from the
AkbayanYouthvs.COMELEC.Inthesaidcase,the
Court held that the COMELEC did not abuse its
discretion in denying the request of the therein
petitionersforanextensionoftheDec.27,2000
deadline of voter registration for the May 14,
2001 elections. For the therein petitioners filed
their petitionwith the courtwithin the 120day
periodfortheconductofvoterregistrationunder
Sec.8,RA8189,andsoughttheconductofatwo
day registrationof Feb.17, and18,2001, clearly
withinthe
120
day
prohibited
period.
TheclearimportoftheCourtspronouncementin
AkbayanYouth is that had therein petitioners
filedtheirpetitionandsoughtanextensiondate
thatwasbeforethe120dayprohibitiveperiod,
theirprayerwouldhavebeengrantedpursuantto
themandateofRA8189(AbsenteeVoting).Inthe
presentcase,asreflectedearlier,both thedates
offilingofthepetition(October30,2009)andthe
extensionsought(untilJanuary9,2010)areprior
to the 120 day prohibitive period. The Court
therefore,finds
no
legal
impediment
to
the
extension prayed for. (Kabataan partylist v.
COMELEC,G.R.No.189868,Dec.15,2009)
Q:Whatisabsenteevoting?
A:Itisaprocessbywhichqualifiedcitizensofthe
Philippines abroad exercise their right to vote
pursuant to the constitutional mandate that
Congress shall provide a system for absentee
votingbyqualifiedFilipinosabroad(Sec.2,Art.V,
1987 Constitution). Absentee voting is an
exception to the sixmonth/one year residency
requirement. (Macalintal v. Romulo, G.R. No.
157013,July10,2003)
Note:TheconstitutionalityofSec.18.5ofR.A.9189
(AbsenteeVoting)isupheldwithrespectonlytothe
authority given to the COMELEC to proclaim the
winning candidates for the Senators and partylist
representativesbutnotas to thepower tocanvass
votes and proclaim the winning candidates for
PresidentandVicepresident.(Ibid.)
Q:Whoarequalifiedtovoteundertheabsentee
votinglaw?
A:Allcitizensof thePhilippinesabroad,whoare
not otherwise disqualified by law, at least
eighteen (18) years of age on the day of the
elections,mayvote forpresident,vicepresident,
senators and partylist representatives. (Sec. 4,
R.A.9189)
Q:Who are disqualified from voting under the
absenteevotinglaw?
A:
1. Those who have lost their Filipino
citizenship in accordance with
Philippinelaws;
2. Those who have expressly renounced
their Philippine citizenship and who
have pledged allegiance to a foreign
country;
3.
Those who have committed and are
convictedinafinaljudgmentbyacourt
or tribunalofanoffensepunishableby
imprisonment of not less than one (1)
year, including those who have
committed and been found guilty of
DisloyaltyasdefinedunderArt.137of
theRevisedPenalCode, suchdisability
not having been removed by plenary
pardonor
amnesty;
Note:However,anypersondisqualifiedto
vote under this subsection shall
automatically acquire the right to vote
upon expiration of five (5) years after
serviceofsentence;Providedfurther,that
the Commissionmay take cognizance of
finaljudgmentsissuedbyforeigncourtsor
161
UNIVERSITY OF SANTO TOMAS
F a c u l t a d d e D e r e c h o i v i l
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
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USTGOLDENNOTES2011
tribunals only on the basis of reciprocity
and subject to the formalities and
processesprescribed bytheRulesofCourt
onexecutionofjudgments;
4. An immigrant or a permanent resident
who
is
recognized
as
such
in
the
host
country
Note: An immigrant or permanent
resident may vote if he/she executes,
upon registration, an affidavit prepared
for the purpose by the Commission
declaring that he/she shall resume actual
physical permanent residence in the
Philippines not later than three (3) years
from approval of his/her registration
under this Act. Such affidavit shall also
state that he/she has not applied for
citizenship
in
another
country.
Failure
to
returnshallbethecause for the removal
of the name of the immigrant or
permanent resident from the National
Registry of Absentee Voters and his/her
permanent disqualification to vote in
absentia.
5.
Any citizen of the Philippines abroad
previously declared insane or
incompetentbycompetentauthority in
thePhilippinesorabroad,asverifiedby
thePhilippine embassies,consulatesor
foreign
service
establishments
concerned
Note: Unless such competent authority
subsequently certifies thatsuch person is
no longer insane or incompetent. (Sec.5,
AbsenteeVotingLaw)
Q:Howisregistrationdoneforabsenteevoters?
A: Registration as an overseas absentee voter
shall be done in person (Sec. 6, R.A. 9189,
AbsenteeVotingLaw)
Q:Howshallvotingbedone?
A:
1.
The overseas absentee voter shall
personally accomplish his/her ballot at
theembassy,consulateorotherforeign
service establishment that has
jurisdiction over the country where
he/she temporarily resides or at any
pollingplacedesignatedandaccredited
by theCommission. (Sec.16,R.A.9189
AbsenteeVotingLaw)
2. The overseas absentee voter may also
vote
by
mail.(R.A.
9189
Absentee
VotingLaw)
Q:Whenmayvotingbymailbeallowed?
A: Voting by mail may be allowed in countries
thatsatisfythefollowingconditions:
1. Wherethemailingsystemisfairlywell
developed and secure to prevent the
occasionoffraud
2.
Where there exists a technically
established identification system that
would
preclude
multiply
or
proxyvoting;and
3. Where the system of reception and
custody of mailed ballots in the
embassies,consulatesandotherforeign
service establishments concerned are
adequateandwellsecured.
Thereafter,votingbymail inanycountryshallbe
allowed only upon review and approval of the
Joint Congressional Oversight Committee. (Sec.
17.1,R.A.No.9189AbsenteeVotingLaw)
Q:How
will
the
counting
and
canvassing
of
the
votesbedone?
A:
1. It shall be conducted in the country
wherethevoteswereactuallycast.The
opening of the speciallymarked
envelopes containing the ballots and
the counting and canvassing of votes
shallbeconductedwithinthepremises
of theembassies,consulatesandother
foreign service establishments or in
suchotherplacesasmaybedesignated
by the COMELEC pursuant to the
Implementing Rules and Regulations.The COMELEC shall ensure that the
start of counting in all polling places
abroad shall be synchronized with the
startofcountinginthePhilippines.
2.
The COMELEC shall constitute as many
SpecialBoardsofElection Inspectorsas
may be necessary to conduct and
supervisethecountingofvotes.
162POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIE L.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS:LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.VILLAMOR.
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ELECTION LAW
3. Immediately upon completion of the
counting,theSpecialBoardsofElection
Inspectors shall transmit via facsimile
and/orelectronicmailtheresultstothe
Commission in Manila and the
accreditedmajor political parties. (Sec.
18,R.A.9189AbsenteeVotingLaw)
Q: Can the canvass of the overseas absentee
votesdelaytheproclamationofwinners?
A:No, if theoutcomeof theelectionwillnotbe
affected by the results thereof.Notwithstanding
the foregoing, the COMELEC is empowered to
order the proclamation of winning candidates
despite the fact that the scheduled electionhas
not yet taken place in a particular country or
countries, if theholdingofelections thereinhas
beenrenderedimpossiblebyevents,factors,and
circumstancespeculiar
to
such
country
or
countries, and which events, factors and
circumstances are beyond the control or
influence of the COMELEC. (Sec. 18, RA 9189
AbsenteeVotingLaw)
Q: What kind of registration system do the
Philippineshave?
A:
1. Continuing
2. Computerized;and
3.
Permanent
163UNIVERSITY OF SANTO TOMAS
F a c u l t a d d e D e r e c h o i v i l
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
d.INCLUSIONANDEXCLUSIONPROCEEDINGS
Q: Which court has jurisdiction over inclusion
andexclusionproceedings?
A:
1. MTC originalandexclusive
2. RTC appellatejurisdiction
3. SC appellatejurisdiction over RTC on
questionoflaw
Q: Who may file a petition in an inclusion or
exclusionproceedings?
A:
1.
Inclusion
a.
Any private person whose application
was disapproved by the Election
RegistrationBoardorwhosenamewas
strickenoutfromthelistofvoters
b. COMELEC
2. Exclusion
a. Any registered voter in the city or
municipality
b.
Representativeof
political
party
c. Electionofficer
d. COMELEC (BP 881 Omnibus Election
Code)
Q:What is theperiod for filingapetition inan
inclusionorexclusionproceeding?
A:
1. Inclusion any day except 105 days
before regular election or 75 days
before a special election. (COMELEC
Reso.No.8820)
2.
Exclusion anytime
except
100
days
before a regular election or 65 days
before a special election. (COMELEC
Reso.No.9021)
Q: Do decisions in an inclusion or exclusion
proceedingsacquirethenatureofresjudicata?
A: No. The proceedings for the exclusion or
inclusion of voters in the list of voters are
summary in character. Except for the right to
remain inthe listofvotersorforbeingexcluded
therefromfortheparticularelectioninrelationto
whichtheproceedingshadbeenheld,adecision
in an exclusion or inclusion proceeding, even if
final and unappealable, does not acquire the
natureof resjudicata. In this sense, itdoesnot
operateasabartoanyfurtheractionthataparty
may takeconcerning the subjectpassedupon in
theproceeding. Thus, adecision in anexclusion
proceedingwould neither be conclusive on the
voters political status, nor bar subsequent
proceedings on his right to be registered as a
voter in any other election. (Domino vs.
COMELEC,G.R.No.134015,July19,1999)
e.POLITICALPARTIES
Q:Whatisapoliticalparty?
A: A political party is any organized group of
citizens advocating an ideology or platform,
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USTGOLDENNOTES2011
principlesandpoliciesforthegeneralconductof
government and which, as the most immediate
means of securing their adoption, regularly
nominatesandsupportscertainofitsleadersand
membersascandidateinpublicoffice.
164POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIE L.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS:LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.VILLAMOR.
Toacquirejuridicalpersonalityandtoentitleitto
rightsandprivilegesgrantedtopoliticalparties,it
mustberegisteredwithCOMELEC.(Sec.3(c),R.A.
7941)
Q:Whatisasectoralparty?
A:Asectoralpartyreferstoanorganizedgroupof
citizens belonging to any of the sectors
enumerated in Section 5, RA 7941 whose
principaladvocacypertainstothespecialinterest
and concerns of their sector. (Sec. 3 (d), R.A.
7941)
Q:Whatisasectoralorganization?
A: A sectoral organization refers to a group of
citizens or a coalition of groups of citizens who
sharesimilarphysicalattributesorcharacteristics,
employment, interests or concerns. (Sec. 3 (e),
R.A.7941)
Q:What are thegrounds for therefusal and/or
cancellationofregistrationofapoliticalparty?
A:
1.
It is a religious sect or denomination,
organization or association, organized
forreligiouspurposes
2. Itadvocatesviolenceorunlawfulmeans
toseekitsgoal
3.
Itisaforeignpartyororganization
4.
It isreceivingsupport fromany foreign
government, foreign political party,
foundation, organization, whether
directlyorthroughanyof itsofficersor
members or indirectly through third
parties
for
partisan
election
purposes
5. It violates or fails to comply with laws,
rulesorregulationsrelatingtoelections
6. It declares untruthful statements in its
petition
7. Ithasceasedtoexistforatleastone(1)
year;or
8. It fails toparticipate in the last two (2)
precedingelectionsorfailstoobtainat
leasttwopercentum(2%)ofthevotes
cast under the partylist system in the
two (2) preceding elections for the
constituency inwhich ithasregistered.
(Sec.6, R.A.7941)
f.CANDIDATES
1.QualificationsofCandidates
Q:WhatarethequalificationsforPresidentand
VicePresidentofthePhilippines?
A:
1.
NaturalborncitizenofthePhilippines
2. Registeredvoter
3. Abletoreadandwrite
4.
At least 40 years of age at the day of
election
5.
Andaresident
of
the
Philippines
for
at
least ten years immediately preceding
such election. (Sec. 63, B.P. No. 881
OmnibusElectionCode)
Q: What are the qualifications of elective local
officials?
A:
1. MustbeacitizenofthePhilippines
2. A registered voter in the barangay,
municipality,city,orprovinceor, inthe
case of a member of the sangguniang
panlalawigan,sangguniang
panlungsod,
orsanggunianbayan,thedistrictwhere
heintendstobeelected
3.
A resident therein for at least one (1)
year immediately preceding the day of
theelection
4. And able to read and write Filipino or
anyotherlocallanguageordialect.(Sec.
39, R.A. No. 7160 Local Government
CodeofthePhilippines)
Q:Whatarethegroundsfordisqualificationofa
candidate?
A:
1. Declared as incompetent or insane by
competentauthority
2. Convicted by final judgment for
subversion, insurrection, rebellion, or
any offense for which he has been
sentenced to a penalty of 18 months
imprisonment
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ELECTION LAW
3. Convictedbyfinaljudgmentforacrime
involvingmoralturpitude
4. Election offenses under Sec. 68 of the
OmnibusElectionCode
5.
Committing acts of terrorism to
enhancecandidacy
6. Spending in his election campaign an
amountin
excess
of
that
allowed
7.
Soliciting, receiving,making prohibited
contributions
8.
Not possessing qualifications and
possessing disqualifications under the
LocalGovernmentCode
9. Sentenced by final judgment for an
offenseinvolvingmoralturpitudeorfor
an offense punishable by one year or
moreofimprisonmentwithintwoyears
afterservingsentence
10. Removed from office as a result of an
administrativecase
11. Convicted by final judgment for
violatingthe
oath
of
allegiance
to
the
Republic
12. Dualcitizenship (morespecifically,dual
allegiance)
13. Fugitivesfromjusticeincriminalornon
politicalcaseshereorabroad
14. Permanent residents in a foreign
countryorthosewhohaveacquiredthe
right to reside abroad and continue to
availofthesameright
15.
Insaneorfeebleminded
16.
Nuisancecandidate
17.
ViolationofSec.73OECwithregard to
COC
18.
Violationof
Sec.
78:
material
misrepresentationintheCOC
Note: When a candidate has not yet been
disqualified by final judgment during the election
day andwas voted for, the votes cast in his favor
cannotbedeclaredstray.(Codillav.DeVenecia,G.R.
No.150605,Dec.10,2002)
165UNIVERSITY OF SANTO TOMAS
F a c u l t a d d e D e r e c h o i v i l
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
2.FilingofCertificatesofCandidacy
Q:
What
is
a
certificate
of
candidacy
(CoC)?
A: It is the formal manifestation to the whole
worldofthecandidatespoliticalcreedor lackof
politicalcreed.
Note:ACOCmaybeamendedbeforetheelections,
evenafterthedateofitsfiling
Provisions of the election law on certificates of
candidacy aremandatory in terms.However, after
theelections,theyareregardedasdirectorysoasto
giveeffecttothewilloftheelectorate.(SayaAngSr.
v.COMELEC,G.R.No.155087,November28,2003)
Q:What
is
the
purpose
of
the
law
in
requiring
thefilingofcertificateofcandidacyandinfixing
thetimelimittherefor?
A:
1.
Toenable the voters to know, at least
60daysbeforetheregularelection,the
candidates amongwhom they have to
choose,and
2. To avoid confusion and inconvenience
in the tabulation of the votes cast.
(Miranda v. Abaya, G.R. No. 136351,
July28,1999)
Q:KaRogerwenttoLagunatofilehisCOC.The
electionofficerrefusedtoreceiveKaRogersCoC
because he seeks to achieve his goals through
violence.Istherefusalvalid?
A:No.Itistheministerialdutyonthepartofthe
election officer to receive and acknowledge
receipt of the CoC. The question ofwhether or
not a person is disqualified belongs to another
tribunalinanappropriatedisqualificationcase.
Q: What is the effect of filing a certificate of
candidacy on the tenure of incumbent
governmentofficials?
A:
1. AppointiveofficialSec.66of theOEC
provides that any person holding an
appointive office or position, including
activemembersoftheArmedForcesof
the Philippines, and officers and
employees in GOCCs, shall be
considered ipso facto RESIGNED from
his office upon the filing of his
certificate of candidacy. Such
resignationis
irrevocable.
2. Elective official No effect. The
candidate shallcontinue toholdoffice,
whetherheisrunningforthesameora
different position. (Sec. 14, Fair
ElectionsActexpressly repealedSec.67
ofBP881)
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USTGOLDENNOTES2011
Q:Dothedeemedresignedprovisionswhichare
applicable to appointive officials and not with
elective officials violate the equal protection
clauseoftheconstitution?
A: No. The legal dichotomy created by the
Legislature isareasonableclassification,asthere
are material and significant distinctions between
thetwoclassesofofficials.Thisisbecauseelected
publicofficials,bytheverynatureoftheiroffice,
engage in partisan political activities almost all
yearround,evenoutsideofthecampaignperiod.
Politicalpartisanshipistheinevitableessenceofa
political office, elective positions included. The
equal protection of the law clause in the
Constitution is not absolute, but is subject to
reasonable classification. Substantial distinctions
clearly exist between elective officials and
appointive
officials.
The
former
occupy
their
officebyvirtueofthemandateoftheelectorate.
They are elected to an office for a definite term
and may be removed therefrom only upon
stringent conditions. On the other hand,
appointive officials hold their office by virtue of
their designation thereto by an appointing
authority. Some appointive officials hold their
officeinapermanentcapacityandareentitledto
security of tenure while others serve at the
pleasure of the appointing authority. (Quinto v.
COMELEC,Feb.22,2010,G.R.189698)
Q:WhatisthedutyoftheCOMELECinreceiving
CoCs?
A:
GR:WhenacandidatefileshisCOC,theCOMELEC
hasaministerialdutytoreceiveandacknowledge
itsreceiptpursuanttoSection76,oftheElection
Code. The COMELEC may not, by itself, without
the proper proceedings, deny due course to or
cancel a COC filed in due form. (Luna vs.
COMELEC,G.R.No.165983,April24,2007)
XPN:
1.
Nuisance candidatesSec. 69 of the
OEC
2. Petitiontodenyduecourseortocancel
aCOCSec.78oftheOEC
166
3. Filingofadisqualificationcaseonanyof
thegroundsenumerated inSection68,
OEC.
Q:CanyouwithdrawtheCoC?
A:Yes.ApersonwhohasfiledaCoCmay,priorto
theelection,withdrawthesamebysubmittingto
the office concerned (COMELEC) a written
declaration under oath. (Sec. 73, Omnibus
ElectionCode)
Q:OnthelastdayoffilingaCoC,March31,Jose
Monsale withdrew his CoC. April 1, campaign
period started. On April 2, he wanted to run
again so he filed a written declaration
withdrawing his withdrawal. Is his act of
withdrawingthewithdrawalvalid?
A: No. The withdrawal of the withdrawal of the
CoCmadeafterthelastdayoffilingisconsidered
asfilingofanewCoC.Hence, itwasnotallowed
since
it
was
filed
out
of
time.(Monsale
v.
Nico,
G.R.No.L2539,May28,1949)
Q: Explain the concept of substitution of
candidacy.
A:Ifafterthelastdayforthefilingofcertificates
of candidacy, an official candidate of a political
party:(1)dies,(2)withdrawsor is(3)disqualified
for any causea person belonging to, and
certified by, the same political party may file a
certificateofcandidacynot laterthanmiddayof
election
day
to
replace
the
candidate
who
died,
withdrew or was disqualified. (COMELEC Reso.
No.9140)
Note:However,nosubstitutionshallbeallowed forany
independentcandidate.(Ibid.)
Q:Whataretherequisitesforvalidsubstitution?
A:
GR:
1. Thesubstitutemustbelongtothesame
party2.
The deceased, disqualified or
withdrawn candidate must have duly
file a valid certificate of candidacy.
(Ibid.)
XPN: Thisdoesnotincludethosecaseswherethe
certificate of candidacy of the person to be
substituted had been denied due course and
canceled under Section 78 of the Omnibus
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIE L.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS:LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.VILLAMOR.
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ELECTION LAW
Election Code. While the law enumerated the
occasion where a candidate may be validly
substituted, there is no mention of the case
where a candidate is excluded not only by
disqualification but also by denial and
cancellationofhiscertificateofcandidacy.(Ongv.
Alegre,G.R.No.163295,January23,2006)
Q:Whenmaysubstitutiontakeplace?
A: Substitution can only take place on the first
dayofcampaignperioduntilnot later thanmid
dayofelectionday.(COMELECReso.No.9140)
Q:Martin de Guzman diedwhile campaigning.
Hissonsubstitutedhim.Votersonthedayofthe
election wrote Martin de Guzman instead of
castingthesameinthenameofhisson,Joelde
Guzman.Shouldthevotesbecountedinfavorof
Joel?
A: Yes. As a general rule, the same will be
considered as stray votes butwillnot invalidate
thewholeballot.Exceptioniswhenthesubstitute
carriesthesamefamilyname.(Sec.12, R.A9006)
Q: In the1998election,MayorMirandaalready
served 8 consecutive terms, yet he still filed a
CoC. As a result, Abaya filed a disqualification
case. COMELEC then disqualified Miranda and
cancelled his CoC. The son of Miranda, Joel,
uponnomination
of
their
political
party,
filed
a
certificateofsubstitute.JoelMirandawon.Was
thesubstitutionvalid?
A:Therewasnovalidsubstitution.COMELECdid
notonlydisqualifyMirandabutalsocancelledhis
CoC.Therefore,hecannotbevalidlysubstituted.
Adisqualifiedcandidatemayonlybesubstituted
ifhehad a valid CoC because if thedisqualified
candidate did not have a valid and seasonably
filed CoC, he is andwas not a candidate at all.
(Miranda v. Abaya, G.R. No. 136351, July 28,
1999)
Q:Sincetherewasnovalidsubstitution,should
thecandidatewhoobtained thesecondhighest
votebeproclaimed?Whowill thenassume the
positionofmayorship?
167
A: No. Under the doctrine on the rejection of
secondplacer,thesecondplacerisjustlikethat
second placer. He was not the choice of the
electorate. The wreath of victory cannot be
transferredtotherepudiatedloser.Followingthe
ruleon succession, it is theViceMayorwhowill
assume the position of mayorship. (Cayat v.
COMELEC,G.R.No.163776,Apr.24,2010)
Q: What is the effect of reacquisition of
Philippine citizenship as to the
domicile/residencerequirementforrunningasa
mayoraltycandidate?
A: Reacquisition of Philippine citizenship under
R.A.9225hasnoautomaticimpactoreffectona
candidatesresidence/domicile.Hemerelyhasan
option to again establish his domicile in the
municipality,which place shall become his new
domicile of choice. The length of his residence
thereinshall
be
determined
from
the
time
he
made it his domicile of choice and it shall not
retroact to the time of his birth. (Japson v.
COMELEC,G.R.No.180088,Jan.19,2009)
Q:Mayasecondplacerbedeclaredelected?
A:
GR:No.
XPN:
1. If the one who obtained the highest
number
of
votes
is
disqualified
and
2. Theelectorateisfullyawareinfactand
inlawofthecandidatesdisqualification
so as to bring such awareness within
the realm of notoriety but would
nonethelesscast theirvotes infavorof
the ineligible candidate. (Grego v.
COMELEC, G. R. No. 125955,June 19,
1997)
Q:What istheeffectoffilingtwocertificatesof
candidacy?
A: Filing of two (2) certificates of candidacy
disqualifies the person to run for both elective
positions. (Sec. 73, B.P. 881 Omnibus Election
Code)
Q: Who may be considered a nuisance
candidate?
UNIVERSITY OF SANTO TOMAS
F a c u l t a d d e D e r e c h o i v i l
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
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USTGOLDENNOTES2011
A: They are candidates who have no bona fide
intentiontorun fortheofficeforwhichtheCOC
has been filed and would thus prevent a faithful
election.Anduponshowingthat:
1.
Saidcertificatehasbeenfiledtoputthe
election
process
in
mockery
or
disrepute
2. Tocauseconfusionamongthevotersby
the similarity of the names of the
registeredcandidates;or
3. By other circumstances or acts which
demonstrate that a candidate has no
bonafideintentiontorunfortheoffice
for which his certificate of candidacy
has been filed and thus prevent a
faithfuldeterminationofthetruewillof
the electorate. (Tajanan v. COMELEC,
G.R.No.104443,Apr.13,1992)
TheCOMELECmay,motupropriooruponverified
petitionofaninterestedparty,refusetogivedue
course to or cancel a certificate of candidacy
uponshowingoftheabovestatedcircumstances.
(Sec.69,B.P.881OmnibusElectionCode)
Q:AandBwere theonlycandidates formayor
of Bigaa, Bulacan in the May 1995 local
elections. A obtained 10,000 votes as against
3,000 votes for B. In the same elections, X got
the highest number of votes among the
candidates for the Sangguniang Bayan of the
same town. A died the day before his
proclamation.
1.
Who should the Board of Canvassers
proclaim as elected mayor, A, B or X?
Explain.
168POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIE L.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS:LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.VILLAMOR.
2.
Who is entitled to discharge the functions
oftheofficeofthemayor,BorX?Explain.
A: It is A who should be proclaimed as winner,
because he was the one who obtained the
highest number of votes for the position of
mayor,
but
a
notation
should
be
made
that
he
died for the purpose of applying the rule on
successiontooffice.
1. B cannot be proclaimed, because the
death of the candidate who obtained
the highest number of votes does not
entitle thecandidatewhoobtainedthe
next highest number of votes to be
proclaimed the winner, since he was
notthechoiceoftheelectorate.Xisnot
entitled to be proclaimed elected as
mayor, because he ran for the
SangguniangBayan.
2. NeitherBnorX isentitledtodischarge
thefunctions
of
the
office
of
mayor.
B
is
not entitled to discharge the office of
mayor, since he was defeated in the
election. X is not entitled to discharge
theofficeofmayor.UnderSection44of
the Local Government Code, it is the
vicemayorwhoshouldsucceed incase
of permanent vacancy in the office of
themayor. It isonly when theposition
ofthevicemayorisalsovacantthatthe
memberoftheSangguniangBayanwho
obtained the highest number of votes
will succeed to the office of mayor.
(Benito v. COMELEC, G.R. No. 106053
Aug.17,
1994)
Q:Whencanapersonfileapetitiontodenydue
coursetoorcancelacertificateofcandidacy?
A:Averifiedpetitionseekingtodenyduecourse
ortocancelacertificateofcandidacymaybefiled
bythepersonexclusivelyonthegroundthatany
material representation contained therein as
required under Section 74 of the Omnibus
ElectionCodeisfalse.Thepetitionmaybefiledat
anytimenotlaterthantwentyfive(25)daysfrom
the
time
of
the
filing
of
the
certificate
of
candidacy and shall be decided, after due notice
and hearing, not later than fifteen days before
theelection.
g.CAMPAIGN
1.PrematureCampaigning
Q:Whatisanelectioncampaign?
A: It refers to an act designed to promote the
election or defeat of a particular candidate or
candidatestoapublicofficewhichshallinclude:
1.
Forming organizations, associations,
clubs, committees or other groups of
persons for the purpose of soliciting
votesand/orundertakinganycampaign
fororagainstacandidate
2.
Holdingpoliticalcaucuses,conferences,
meetings, rallies, parades, or other
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ELECTION LAW
similar assemblies, for the purpose of
solicitingvotesand/orundertakingany
campaignorpropaganda fororagainst
acandidate
3.
Making speeches, announcements or
commentaries,orholdinginterviewsfor
oragainsttheelectionofanycandidate
forpublic
office
4.
Publishing or distributing campaign
literature or materials designed to
support or oppose the election of any
candidate;or
5. Directly or indirectly soliciting votes,
pledges or support for or against a
candidate (Sec. 79, B.P. 881 Omnibus
ElectionCode).
Note: The foregoing enumerated acts ifperformed
for the purpose of enhancing the chances of
aspirants for nomination for candidacy to a public
office
by
a
political
party,
aggroupment,
or
coalition
of parties shall not be considered as election
campaignorpartisanelectionactivity.
Public expressions or opinions or discussions of
probable issues in a forthcoming election or on
attributes of or criticisms against probable
candidates proposed to be nominated in a
forthcoming political party convention shall not be
construed as part of any election campaign or
partisan political activity contemplated under the
OEC.(Sec.79,B.P.881OmnibusElectionCode)
Q:Discuss
the
period
of
campaign
A:
1. Presidential and Vice presidential
election90days;
2. Election of members of the Congress
andlocalelection45days;
3. BarangayElection15days
4.
SpecialelectionunderArt.VIII,Sec.5(2)
oftheConstitution45days
Note: The campaign periods shall not include the
daybeforeandthedayoftheelection(Sec.3OEC)
Q: What is the rule against premature
campaigning?
A:Itshallbeunlawfulforanyperson,whetheror
not a voter or candidate, or for any party, or
association of persons, to engage in an election
campaign or partisan political activity except
duringthecampaignperiod.(Sec.80,B.P.881).
Theuseof lawfulelectionpropagandaunderthe
FairElectionsActissubjecttothesupervisionand
regulation by the COMELEC in order to prevent
prematurecampaigningandtoequalize,asmuch
as practicable, the situation of all candidatesby
preventing popular and rich candidates from
gainingundue
advantage
in
exposure
and
publicity on account of their resources and
popularity.(Chavezv.COMELEC,G.R.No.162777,
August31,2004)
Q. Petitioner Penera and respondent Andanar
ranformayorofSta.Monica,SurigaoDelNorte
during the May 14, 2007 elections. Peneras
political party held amotorcade preceding the
filingofhercertificateofcandidacyannouncing
her candidacy for mayor. Because of this,
AndanarfiledapetitiontodisqualifyPenerafor
engagingin
premature
campaigning
in
violation
ofSec.80and68of theOmnibusElectionCode.
Does the act of campaigning for votes
immediatelyprecedingthefilingofcertificateof
candidacy violate the prohibition against
prematurecampaigning?
A.Thecampaignperiodforlocalofficialsbeginon
30March2007andendson12May2007.Penera
filed her certificate of candidacy on 29 March
2007.Penerawas thusacandidateon29March
2009 only for purposes of printing the ballots
underSec.11
of
R.A.
8436.On
29
March
2007,
the
law stilldidnot considerPeneraa candidate for
purposesother than theprintingofballots.Acts
committedbyPenerapriorto30March2007,the
date when she became a "candidate," even if
constituting election campaigning or partisan
political activities, are not punishable under
Section 80 of theOmnibus Election Code. Such
actsarewithin therealmofacitizensprotected
freedomofexpression.ActscommittedbyPenera
within the campaign period are not covered by
Section 80 as Section 80 punishes only acts
outsidethe
campaign
period.
Inlaymanslanguage,thismeansthatacandidate
isliableforanelectionoffenseonlyforactsdone
during thecampaignperiod,notbefore.The law
is clear as daylight any election offense that
may be committed by a candidate under any
election law cannot be committed before the
169
UNIVERSITY OF SANTO TOMAS
F a c u l t a d d e D e r e c h o i v i l
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
8/9/2019 UST Golden Notes - Election Law
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USTGOLDENNOTES2011
170POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIE L.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS:LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.VILLAMOR.
start of the campaign period. (Penera v.
COMELEC,G.R.No.181613,Nov.25,2009)
Q: When can a person be considered a
candidate?
A: A candidate refers to any person aspiring for
orseekinganelectivepublicoffice,whohasfiled
acertificateofcandidacybyhimselforthroughan
accredited political party, aggroupment or
coalition of parties. However, it is no longer
enough to merely file a certificate of candidacy
for a person to be considered a candidate
because "any person who files his certificate of
candidacy within the filing period shall only be
considered a candidate at the start of the
campaignperiodforwhichhefiledhiscertificate
of candidacy." Any person may thus file a
certificate
of
candidacy
on
any
day
within
the
prescribed period for filing a certificate of
candidacy yet that person shall be considered a
candidate, for purposes of determining ones
possible violations of election laws, only during
the campaign period. (Penera v. COMELEC,G.R.
No.181613,Nov.25,2009)
2.ProhibitedContributions
Q: What are considered as lawful election
propaganda?
A:
1.
Written printed materials (does not
exceed8in.widthby14in.length)
2.
Handwritten/printedletters
3. Posters (not exceeding 2 x 3 ft.).
However, a public meeting or rally, at
thesiteandontheoccasionofapublic
meeting or rally, may be displayed five
(5) days before the date of rally but
shallberemovedwithin24hoursafter
saidrally
4.
Printads
page
in
broadsheets
and
page in tabloids thrice a week per
newspaper, magazine or other
publicationduringthecampaignperiod;
5. Broadcastmedia(i.e.TVandradio)
6. All other forms of election propaganda
notprohibitedbytheOmnibusElection
CodeorthisAct.(Sec.3,R.A.No.9006)
ALLOWABLECOMELECAIRTIMEFORCANDIDATES
(FairElectionsAct)
NATIONALPOSITIONS LOCAL
POSITIONS
120minutesforTV 60minutesforTV
180minutesforradio 90minutesforradio
Note: COMELEC cannot compel newspapers of
general circulation to donate free print space as
COMELEC space without payment of just
compensation. Suchcompulsionamounts to taking;
hence,itisanexerciseofeminentdomainandnotof
policepower (PhilippinePress Institutev.COMELEC,
G.R.No.119694,May22,1995).Thepaymentofjust
compensation isnowexpressly providedundersec.
7oftheFairElectionsAct.
However,allbroadcastingstations,whetherbyradio
or television stations, which are licensed by the
government, do not own the airways and
frequencies; they are merely given the temporary
privilege of using them. A franchise is a privilege
subjecttoamendment,andtheprovisionofBP881
granting free airtime to the COMELEC is an
amendmentof the franchiseofradioand television
stations (Telecommunications and Broadcast
Attorneys of the Philippines v. COMELEC, G.R. No.
132922, Apr. 21, 1998). Payment of just
compensation is not necessary since it is a valid
exerciseofpolicepower.
Q:A
COMELEC
resolution
provides
that
political
parties supporting a common set of candidates
shallbeallowedtopurchasejointlyairtimeand
the aggregate amount of advertising space
purchased for campaign purposes shall not
exceedthatallottedtootherpoliticalpartiesor
groups that nominated only one set of
candidates. The resolution is challenged as a
violation of the freedom of speech and of the
press. Is the resolution constitutionally
defensible?Explain.
A:
Yes,
the
resolution
is
constitutionally
defensible. Under Sec. 4, Art. IXC of the 1987
Constitution, during the election period the
COMELECmaysuperviseorregulatethemediaof
communication or information to ensure equal
opportunity, time, and space among candidates
with the objective of holding free, orderly,
honest,peaceful,andcredibleelections.Toallow
candidateswhoaresupportedbymorethanone
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ELECTION LAW
political party to purchase more air time and
advertising space than candidates supported by
onepoliticalpartyonlywilldeprive the latterof
equaltimeandspaceinthemedia.
Alternative Answer: No. Although the
expenditurelimitation
applies
only
to
the
purchaseofairtime,thusleavingpoliticalparties
free to spend for other forms of campaign, the
limitation nonetheless results in a direct and
substantial reduction of the quantity of political
speech by restricting the number of issues that
can be discussed, the depth of their discussion
andthesizeoftheaudiencethatcanbereached,
throughthebroadcastmedia.
SincethepurposeoftheFreeSpeechClauseisto
promote the widest possible dissemination of
information,and
the
reality
is
that
to
do
this
requires the expenditure ofmoney, a limitation
on expenditure for this purpose cannot be
justified,not even for the purpose ofequalizing
theopportunityofpoliticalcandidates. (Gonzalez
v.COMELEC,G.R.No.L28783,Apr.18,1969)
Q:Whatare includedaselectoral contributions
andexpenditures?
A:
1.
Agift
2.
Donation
3.
Subscription
4. Loan
5. Advance or deposit of money or
anythingofvalue
6. A contract, promise or agreement of
contribution, whether or not legally
enforceable
7. Use of facilities voluntarily donated by
other persons, the money value of
which can be assessed based on the
ratesprevailinginthearea
8. Madeforthepurposeofinfluencingthe
resultsoftheelections
Note: Does not include services rendered without
compensationby individuals volunteeringaportion
or all of their time in behalf of a candidate or
politicalparty.(Sec.94,OEC)
171
Q:Whatareprohibitedcontributions?
A:Thosemadedirectlyorindirectlybyanyofthe
following:
1. Public or private financial institutions
(except loanstoacandidateorpolitical
party)
2. Public utilities or those exploiting
naturalresourcesofthenation
3.
Persons with contracts to supply thegovernmentwith goods or services or
toperformconstructionorotherworks
4. Grantees of franchises, incentives,
exemptions, allocations, or similar
privileges or concessions by the
government
5.
Personswho,within one year prior to
the date of the election, have been
grantedloansorotheraccommodations
in excess of P100,000 by the
government
6.
Educational institutions which have
receivedgrantsofpublicfundsnot less
thanP100,000
7. Officials or employees in the Civil
Service or members of the Armed
ForcesofthePhilippines;and
8.
Foreigners and foreign corporations.
(Sec. 95, B.P. 881 Omnibus Election
Code)
Q:Whatareprohibitedmeansofraisingfunds?
A:
1.
Holdinganyofthefollowingactivities:
a. Dances
b.
Lotteries
c. Cockfights
d.
Games
e.
Boxingbouts
f.
Bingo
g.
Beautycontests
h. Entertainments
i. Cinematographic, theatrical,
orotherperformancesforthe
purpose of raising funds for
an election campaign or for
the support of any candidate
from the commencement of
the election period up to an
electionday.
2.
Itshallalsobeunlawful foranyperson
ororganization to solicitand/oraccept
fromanycandidateforpublicofficeany
gift, food, transportation, contribution
ordonation incashor inkindformthe
commencement of the election period
and including election day, except
UNIVERSITY OF SANTO TOMAS
F a c u l t a d d e D e r e c h o i v i l
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
8/9/2019 UST Golden Notes - Election Law
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USTGOLDENNOTES2011
normal and customary religious
stipends,tithes,orcollections.(Sec.97,
OEC)
Q:Whatarelawfulexpenditures?
A:
1. Fortravelingexpenses
2. Compensation of campaigners, clerks,
stenographers, messengers and other
persons actually employed in the
campaign
3. Telegraphandtelephonetolls,postage,
freightandexpressdeliverycharges
4. Stationery, printing and distribution of
printedmattersrelativetocandidacy
5. Employmentofwatchersatthepolls
6.
Rent, maintenance and furnishing of
campaign headquarters, office or place
ofmeetings
7.
Politicalmeetings
or
rallies
8. Advertisements
9.
Employment of counsel, the cost of
whichshallnotbetakenintoaccountin
determining the amount of expenses
whichacandidateorpoliticalpartymay
haveincurred
10. Copying and classifying list of voters,
investigating and challenging the right
tovoteofpersonsregisteredinthelists,
thecostofwhichshallnotbetakeninto
account in determining the amount of
expenseswhichacandidateorpolitical
partymayhaveincurred
11.
Printing
sample
ballots,
the
cost
of
whichshallnotbetakenintoaccountin
determining the amount of expenses
whichacandidateorpoliticalpartymay
have incurred. (Sec. 102, B.P. 881
OmnibusElectionCode)
172POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIE L.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS:LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.VILLAMOR.
Q:Whatarethe limitationsonexpensesforthe
candidatesandpoliticalparties?
A:
1.
Forcandidates
a.
President and VicePresident
P10/voter
b. Other candidates, ifwithparty
P3/voter
c. Othercandidates,ifwithoutparty
P5/voter
2. For political parties P5/voter
(COMELECResolutionNo.8758)
Q: What is a statement of contribution and
expenses?
A: Every candidate and treasurer of the political
party shall, within 30 days after the day of the
election, file in duplicate with the offices of the
COMELEC, the full, true and itemized statement
of all contributions and expenditures in
connectionwiththeelection.(Sec.14,R.A.7166)
Q:Istheconductofelectionsurveyprohibited?
A: No. The SC held that Sec. 5.4 of the Fair
Election Act prohibiting publication of survey
results15days immediatelyprecedinganational
election and 7 days before a local election
violates the constitutional rights of speech,
expressionandthepressbecause:
1. It imposes a prior restraint on the
freedomofexpression
2. It is a direct and total suppressionof a
categoryofexpressionandeventhough
such suppression is only for a limited
period;and
3. Thegovernmentalinterestsoughttobe
promoted can be achieved by means
other than thesuppression of freedom
of expression (SWS v. COMELEC, G.R.
No.147571,May5,2001)
h.BOARDOFCANVASSERS
Q: What is the composition of the Board of
Canvassers(BoC)?
A:
1. Provincial board of canvassers the
provincial board of canvassers shall be
composed of the provincial election
supervisor or a senior lawyer in the
regional office of the Commission, as
chairman,
the
provincial
fiscal,
as
vice
chairman, and the provincial
superintendent of schools, and one
representative from each of the ruling
party and the dominant opposition
political party in the constituency
concerned entitled to be represented,
asmembers.
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ELECTION LAW
2. Cityboardofcanvassers thecityboard
ofcanvassersshallbecomposedofthe
cityelectionregistraroralawyerofthe
Commission,aschairman,thecityfiscal
and thecity superintendentofschools,
and one representative from each of
theruling
party
and
the
dominant
oppositionpoliticalpartyentitled tobe
represented,asmembers.
3. District board of canvassers of
MetropolitanManila thedistrictboard
of canvassers shall be composed of a
lawyeroftheCommission,aschairman,
and a ranking fiscal in the district and
the most senior district school
supervisor in the district to be
appointed upon consultation with the
Ministryof
Justice
and
the
Ministry
of
Education, Culture and Sports,
respectively, and one representative
from each of the ruling party and the
dominant opposition political party in
the constituency concerned, as
members.
173UNIVERSITY OF SANTO TOMAS
F a c u l t a d d e D e r e c h o i v i l
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
4. Municipal board of canvassers the
municipal board of canvassers shallbe
composedoftheelectionregistrarora
representative of the Commission, as
chairman,the
municipal
treasurer,
and
thedistrictsupervisoror inhisabsence
any public school principal in the
municipality and one representative
from each of the ruling party and the
dominant opposition political party
entitled to be represented, as
members.
5. Board of canvassersfor newly created
political subdivisions the Commission
shall constitute a board of canvassers
andappoint
the
members
thereof
for
the first election in a newly created
province,cityormunicipalityincasethe
officials who shall act as members
thereof have not yet assumed their
dutiesandfunctions(Sec.221,B.P.881)
Q: Who has supervision and control over the
boardofcanvassers?
A:TheCommission shallhavedirect controland
supervision over the board of canvassers. Any
memberof theboardof canvassersmay,atany
time,berelievedforcauseandsubstitutedmotu
propriobytheCommission.(Sec.227.,B.P.881)
Q: What is the manner of delivery and
transmittalofelectionreturns?
A:
CityandMunicipalBoardof
Canvassers
Provincialand
DistrictBoardsof
Canvassersin
Metropolitan
Manila
the copy of the election
returns,dulyplaced insidea
sealed envelope signed and
affixed with the imprint of
thethumboftherighthand
of all the members of the
boardofelectioninspectors,
shallbepersonallydelivered
by the members of the
boardofelection inspectors
to the city or municipal
board of canvassers under
proper receipt to be signed
byallthemembersthereof.
the copy of the
electionreturnsshall
be personally
delivered by the
members of the
board of election
inspectors to the
election registrar for
transmittal to the
proper board of
canvassers under
proper receipt tobe
signed by all the
membersthereof.
Theelection
registrar
concerned
shall
place
all
thereturns intendedfor theboardofcanvassers
insideaballotboxprovidedwith threepadlocks
whosekeys shallbe keptas follows:oneby the
election registrar, anotherby the representative
of the ruling party and the third by the
representative of the dominant political
oppositionparty.(Sec.229,B.P.881)
Q: How will the safekeeping of transmitted
electionreturnsbedone?
A:The
board
of
canvassers
shall
keep
the
ballot
boxes containing the election returns in a safe
and secure room before and after the canvass.
Thedoortotheroommustbepadlockedbythree
lockswiththekeysthereofkeptasfollows:
1. Onewiththechairman,
2. The other with the representative of
therulingparty,
8/9/2019 UST Golden Notes - Election Law
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USTGOLDENNOTES2011
3. And the other with the representative
of the dominant opposition political
party.
The watchers of candidates, political parties,
coalition of political parties and organization
collectively
authorized
by
the
Commission
to
appointwatchersshallhavetherighttoguardthe
room. Violation of this right shall constitute an
election offense. (Sec. 230, B.P. 881 Omnibus
ElectionCode)
Q: How will the canvassing by the board be
done?
A:
1. Theboardofcanvassersshallmeetnot
laterthansixo'clockintheafternoonof
election
day
at
the
place
designated
by
the Commission toreceive theelection
returns and to immediately canvass
those that may have already been
received.
2. It shall meet continuously from day to
dayuntilthecanvass iscompleted,and
mayadjournbutonlyforthepurposeof
awaiting the other election returns
from other polling places within its
jurisdiction.
3.
Each
time
the
board
adjourns,
it
shall
makea totalofall thevotescanvassed
so far for each candidate for each
office, furnishing the Commission in
Manila by the fastest means of
communicationacertifiedcopythereof,
and making available the data
contained therein to the mass media
andotherinterestedparties.
4.
As soon as the other election returns
are delivered, the board shall
immediatelyresumecanvassinguntilall
thereturnshavebeencanvassed.
5.
Therespectiveboardofcanvassersshall
prepare a certificate of canvass duly
signed and affixed with the imprint of
the thumb of the right hand of each
member, supported by a statement of
thevotesreceivedbyeachcandidatein
each polling place and, on the basis
thereof, shall proclaim as elected the
candidates who obtained the highest
number of votes cast in the province,
city,municipalityorbarangay(Sec.231,
B.P.881).
Note: Failure tocomplywith this requirementshall
constituteanelectionoffense.
Subject to reasonable exceptions, the board of
canvassers must complete their canvass within
thirtysixhoursinmunicipalities,fortyeighthoursin
citiesandseventytwohours in provinces.Violation
hereofshallbeanelectionoffense.
WithrespecttotheelectionforPresidentandVice
President, the provincial and city boards of
canvassersshallprepareinquintuplicateacertificate
of canvass supported by a statement of votes
receivedbyeachcandidateineachpollingplaceand
transmitthefirstcopythereoftotheSpeakerofthe
Batasang
Pambansa.
The
second
copy
shall
be
transmittedtotheCommission,thethirdcopyshall
bekeptbytheprovincialelectionsupervisororcity
electionregistrar; the fourthandthefifthcopies to
each of the two accredited political parties.
(Agujetasv.CA,G.R.No.106560,August23,1996)
Q: Who are not allowed inside the canvassing
room?
A:
1. Any officer or member of the Armed
Forces of the Philippines, including the
Philippine Constabulary, or the
IntegratedNationalPolice
2. Any peace officer or any armed or
unarmedpersonsbelongingtoanextra
police agency, special forces, reaction
forces, strike forces, home defense
forces, barangay selfdefense units,
barangaytanod
3. Any member of the security or police
organizationsofgovernmentministries,
commissions,councils,bureaus,offices,
instrumentalities,
or
governmentowned or controlled corporations or
theirsubsidiaries
4.
Any member of a privately owned or
operated security, investigative,
protective or intelligence agency
performingidenticalorsimilarfunctions
toentertheroomwherethecanvassing
of the election returns are held by the
174POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIE L.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS:LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.VILLAMOR.
8/9/2019 UST Golden Notes - Election Law
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ELECTION LAW
boardofcanvassersandwithinaradius
of fifty meters from such room. (Sec.
232,B.P.881OmnibusElectionCode)
Note:Theboardofcanvassersbyamajorityvote,if
itdeemsnecessary,maymake a call inwriting for
the detail of policemen or any peace officers for
theirprotectionorfortheprotectionoftheelection
documents and paraphernalia in the possession of
the board, or for the maintenance of peace and
order, in which case said policemen or peace
officers,who shall be inproperuniform, shall stay
outside the room within a radius of thirtymeters
near enough to be easily called by the board of
canvassersatanytime.(Ibid.)
Q: Incasetheelectionreturnsaredelayed, lost
ordestroyed,whatshouldtheBOCdo?
A:In
case
its
copy
of
the
election
returns
is
missing,theboardofcanvassersshall:
1. Obtain such missing election returns
from the board of election inspectors
concerned,or ifsaidreturnshavebeen
lostordestroyed
2.
The board of canvassers, upon prior
authority of the Commission,may use
any of the authentic copies of said
election returns or a certified copy of
said election returns issued by the
Commission,and
forthwith
3. Direct its representative to investigate
the case and immediately report the
mattertotheCommission
Note:Theboardofcanvassers,notwithstandingthe
fact that not all the election returns have been
received by it, may terminate the canvass and
proclaimthecandidateselectedon thebasisof the
available election returns if the missing election
returns will not affect the results of the election
(Sec.233,B.P.881).
Q:When
the
integrity
of
ballots
is
violated,
what
shouldtheBoCdo?
A:
1. In case of material defects in the
election returns If it should clearly
appear that some requisites in formor
data had been omitted in the election
returns, the board of canvassers shall
callforallthemembersoftheboardof
election inspectors concerned by the
most expeditiousmeans, for the same
boardtoeffectthecorrection.Incaseof
theomission in theelection returnsof
thename
of
any
candidate
and/or
his
corresponding votes, the board of
canvassers shall require the board of
election inspectors concerned to
complete the necessary data in the
election returns and affix therein their
initials (Sec. 234, B.P. 881 Omnibus
ElectionCode).
Note:The rightofacandidate toavailof
thisprovisionshallnotbe lostoraffected
by the fact that an election protest is
subsequently
filed
by
any
of
the
candidates.
2.
Incasetheelectionreturnsappeartobe
tampered with or falsified If the
electionreturnssubmittedtotheboard
of canvassers appear to be tampered
with,alteredorfalsifiedaftertheyhave
left thehandsof theboardofelection
inspectors,orotherwisenotauthentic,
or were prepared by the board of
election inspectorsunderduress,force,
intimidation, or prepared by persons
otherthanthememberoftheboardof
election inspectors, the board of
canvassersshallusetheothercopiesof
said election returns and, if necessary,
the copy inside the ballot box which
upon previous authority given by the
Commission may be retrieved in
accordance with Section 220 hereof
(Sec. 235, B.P. 881 Omnibus Election
Code).
3. In caseofdiscrepancies in the election
return if it appears to the board of
canvassers that there exists
discrepancies in the other authentic
copies of the election returns from a
polling place or discrepancies in the
votes of any candidate in words and
figuresinthesamereturn,andineither
casethedifferenceaffectstheresultsof
175
UNIVERSITY OF SANTO TOMAS
F a c u l t a d d e D e r e c h o i v i l
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
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USTGOLDENNOTES2011
the election, the Commission, upon
motion of the board of canvassers or
any candidate affected and after due
noticetoallcandidatesconcerned,shall
proceed summarily to determine
whether the integrity of the ballot box
hadbeenpreserved,andoncesatisfied
thereof shall order the opening of the
ballot box to recount the votes cast in
thepollingplacesolelyforthepurpose
of determining the true result of the
count of votes of the candidates
concerned (Sec.236,B.P.881Omnibus
ElectionCode).
Note: When integrity of ballots is violated. The
Commission shall not recount the ballots but shall
forthwith seal the ballot box and order its
safekeeping(Sec.
237,
B.P.
881
Omnibus
Election
Code).
Canvass of remaining or unquestioned returns to
continue.If,afterthecanvassofallthesaidreturns,
itshouldbedeterminedthatthereturnswhichhave
been setasidewillaffect theresultof theelection,
no proclamation shall be made except upon orders
oftheCommissionafterduenoticeandhearing.Any
proclamation made in violation hereof shall be null
and void (Sec. 238, B.P. 881 Omnibus Election
Code).
176POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIE L.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS:LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.VILLAMOR.
Q:Iftheelectionresultedintoatie,whatshould
theBOCdo?
A:Wheneveritshallappearfromthecanvassthat
two or more candidates have received an equal
and highest number of votes, or in cases where
twoormorecandidatesaretobeelectedforthe
same position and two or more candidates
received the same number of votes for the last
place in the number to be elected, the board of
canvassers,afterrecordingthisfactinitsminutes,
shallbyresolution,uponfivedaysnoticetoallthe
tied candidates, hold a special public meeting at
which the board of canvassers shall proceed to
the drawing of lots of the candidates who have
tiedandshallproclaimaselectedthecandidates
whomaybefavoredby luck,andthecandidates
so proclaimed shall have the right to assume
office in the same manner as if he had been
elected by plurality of vote. The board of
canvassers shall forthwith make a certificate
statingthenameofthecandidatewhohadbeen
favoredbyluckandhisproclamationonthebasis
thereof. (Sec. 240, B.P. 881 Omnibus Election
Code)
Q: When will the proceedings of the BoC be
consideredasanillegalproceeding?
A:ThereisanillegalproceedingoftheBOCwhen
thecanvassing isashamormereceremony, the
results of which are predetermined and
manipulated as when any of the following
circumstancesarepresent:
1. Precipitatecanvassing
2. Terrorism
3. Lackofsufficientnoticetothemembers
oftheBOC's
4. Improper venue. (Sec. 2, Rule 4,
COMELEC Resolution No. 8804, March
22,2010)
i.REMEDIESANDJURISDICTIONINELECTION
LAW
1.PetitionnottogiveduecoursetoCertificate
ofCandidacy
Q: What are the requisites for the grant of a
petition to deny due course to or cancel a
certificateofcandidacy?
A:
1. Material misrepresentation in the
qualifications for elective office, which
includesage,residency,citizenship,and
anyother legal qualifications necessary
to run for an elective office; and
2. Deliberate attempt to mislead,
misinform or hide a fact which would
otherwiserenderacandidateineligible.
Note: These two requirements must
concur towarrant the cancellationof the
certificate of candidacy.
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ELECTION LAW
Averifiedpetitionmaybefiledexclusively
on the ground that any material
representationcontainedinthecertificate
asrequiredunderSection74 isf