BarOps09 - Election Law

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2009 ELECTION LAW
ELECTION - Embodiment of the popular will, the expression of the sovereign power of the people. OBJECTIVE OF Election LAWS: CODE: HOPE To provide:
INDIRECT INITIATIVE - The exercise of initiative by the people through a proposition sent to Congress or the local legislative for action SYSTEMS FOR INITIATIVE:
1. 2. 3.
Constitution - Petition proposing amendments Statutes - Petition proposing to enact a national legislation Local Legislation - petition proposing to enact a regional provincial, city, municipal or barangay law, resolution or ordinance
1. 2. 3.
HONEST ORDERLY PEACEFUL ELECTIONS
COMPONENTS: 1. Choice or selection of candidates to public office by popular vote 2. Conduct of the polls 3. Listing of votes 4. Holding of Electoral campaign 5. Act of casting and receiving the ballots from the voters 6. Counting the ballots 7. Making the election returns 8. Proclaiming the winning candidates REGULAR ELECTION - Participated in by those who possess the right of suffrage and not disqualified by law and who are registered voters SPECIAL ELECTION - Held when there is failure of election on the scheduled date of regular election in a particular place or which is conducted to fill up certain vacancies, as provided by law. ELECTION PERIOD - 90 days before the day of the election and shall end 30 days thereafter. CONSTRUCTION OF ELECTION LAWS Laws for Conduct BEFORE the election: Of Elections MANDATORY AFTER the election: DIRECTORY Laws for Candidates Procedural Rules MANDATORY and STRICTLY construed LIBERALLY construed in favor of ascertaining the will of the electorate
PLEBISCITE - Electoral process by which an initiative on the Constitution is approved or rejected by the People REFERENDUM - The power of the electorate to approve or reject a legislation through an election called for the purpose CLASSES OF REFERENDUM
1. 2.
Referendum on Statutes Petition to approve or reject an act or law or part thereof passed by Congress Referendum on Local Law - Petition to approve or reject a law, resolution or ordinance enacted by regional assemblies and local legislative bodies REFERENDUM Consists merely of the electorate approving or rejecting what has been drawn up or enacted by a legislative body The voters simply write yes or no on the ballot
INITIATIVE Law-making by the people themselves without the participation and against the wishes of their elected representatives The process and voting is more complex
RECALL - Power of the electorate (registered voters) to remove a local elected official for loss of confidence through the holding of a special/recall election NEW RULES ON RECALL: 1. Can only be initiated through a popular petition
INITIATIVE - The power of the people to propose amendments to the Constitution or to propose and enact legislations through an election called for the purpose
2.
The minimum number of supporting signatures of voters is dependent on the voting population of the local government concerned:
1. 2. 3.
25% - more than 20K but not less than 5K 20% - at least 20K but not more than 75K 15% - at least 75K but not more than 300K
Advisers: Atty. Alberto Agra, Atty. Sedfrey Candelaria; Heads: Mark Calida, Herschel Que; Understudy: Ayen Qua; Volunteers: Julius Acosta, Austin Alcantara, Lesley Claudio, Miguel Dimaculangan, Sam David, Sienna Flores, Pancho Galman, Anmau Manigbas, Aubs Martin Byron Perez, Jaymie Reyes, Kris Sta. Maria, Tel Virtudez, Myra Yacapin
Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2009

4. 1. 2.
10% - more than 300K Condition s LIMITATIONS: No recall shall take place within 1 year from the date of ASSUMPTION of office of the official concerned No recall shall take place within 1 year IMMEDIATELY PRECEDING a regular local election have free and orderly elections Grounds must exist BEFORE VOTING of elections Grounds may occur anytime BEFORE PROCLAMATION
Authority Procedur al Requirements
Majority vote of COMELEC EN BANC
1.
REGULAR LOCAL ELECTION - The election where the office held by the local election official sough to be recalled will be contested and filled by the electorate, and not the SK election. NOTE: There was a FAILURE TO ELECT when nobody can be declared as a winner because the will of the majority has been defiled and cannot be ascertained. WHEN FAILURE OF ELECTIONS MAY BE DECLARED:
Verified petition by any interested person OR motu proprio by COMELEC en banc Due notice Hearing Election is postponed Conduct elections reasonably close to elections not held, but not later than 30 days from cessation of cause
2. 3.
Effect if Petition Granted
Verified petition by any interested person (may not be done motu propio) 2.Due notice 3.Hearing
1.
1. 2. 3.
Election in any polling place was NOT HELD on the date fixed Election was SUSPENDED before the HOUR fixed by law for the CLOSING of the voting (3 PM) Elections RESULUTS in a failure to elect (after the voting and during the preparation and transmission of the election returns or in the custody or canvass thereof)
1. 2.
1. Declaration of
failure of elections
2. Holding or
continuation of elections reasonably close to elections not held, but not later than 30 days from cessation of cause
CONDITIONS ANNUL AN ELECTION CODE: WIG
1. 2. 3.
WINNER cannot be determined ILLEGALITY must affect more than 50% of the votes cast GOOD VOTES cannot be distinguished from the bad votes POSTPONEMENT OF ELECTIONS Any SERIOUS cause of: FAILURE OF ELECTIONS 1.Force majeure 2.Violence 3.Terrorism 4.LOSS OR DESTRUCTION OF ELECTION PARAPHERNALIA 5.Analogous
SUFFRAGE
SUFFRAGE - The right to vote in the elections. 1. As a RIGHT - The expression of the sovereign will of the people. 2. As a PRIVILEGE - Not granted to everybody but to such persons as are most likely to exercise it for the purpose of the public good. It is subject to substantive and procedural requirements. NOTE: The right to vote is different from the right to register. A person may register even before he is 18 years old, but must be at least 18 years old on the day of the election. QUALIFICATIONS: 1. Filipino citizen 2. at least 18 years of age 3. has resided in the Philippines for at least 1 year 4. has resided in the place where they propose to vote for at least 6 months immediately preceding election 5. free from disqualifications
Grounds
1. 2. 3.
Force majeure Violence
Terrorism 4.LOSS OR DESTRUCTION OF ELECTION PARAPHERNALIA
5.
Extent of Cause
Analogous and to Failure to elect and affects results
Serious impossibility

NOTES: 1. These qualifications are continuing requirements. 2. Congress may not add qualifications but can provide for procedural requirements and disqualifications. However, the disqualifications must not amount to qualifications. RESIDENCE - Ones domicile or legal residence. It is where a party actually or constructively has his permanent home, or where he, no matter where he may be found, eventually intends to return and remain. DISQUALIFICATIONS:
1. 2. 3. 4. 5. 6.
DEACTIVTION/ Reactivation EXCLUSION/ Inclusion CANCELLATION of registration in case of death ANNULMENT of book of voters NEW VOTERS TRANSFER of residence
DEACTIVATION - Removal from the registration records of persons from the precinct book of voters and place the same, properly marked and dated in indelible ink, in the inactive file after entering the cause of deactivation. GROUNDS FOR DEACTIVATION:
1. 2.
Sentenced by FINAL judgment to IMPRISONMENT NOT LESS THAN 1 YEAR
suffer
Adjudged by final judgment by a competent court of having committed any crime involving DISLOYALTY to the duly constituted government e.g. rebellion or crimes against national security NOTE: For (1) and (2): 1. Disqualification may be removed by plenary pardon or amnesty 2. Reacquire the right to vote upon expiration of 5 years after service of sentence
1.
Those which would disqualify you as a voter:
1. 2. 3.
2.
Convicted by final judgment to imprisonment not less than 1 year Disloyalty
suffer
Insanity Others:
3.
INSANE or INCOMPETENT persons as declared by competent authority
1. 2. 3.
Loss of citizenship Failed to vote for 2 successive preceding regular elections Registration was ordered excluded by the court
NEW SYSTEM OF REGISTRATION - Continuing registration of voters whereby application for registration of voters shall be conducted daily in the office of the Election Officer during regular office hours and all applications for registration shall be heard and processed on a quarterly basis by the ERB.
POST-APPROVAL REMEDIES 1. Annulment of Book of Voters 2. Petition for Inclusion 3. Petition for Exclusion GROUNDS VOTERS: FOR ANNULMENT OF BOOK OF
NOTES:
1. 2. 3.
Each precinct shall have no more than 200 voters and shall comprise contiguous and compact territories except when precincts are clustered. No Election Officer shall hold office in a particular city/ municipality for more than 4 years. COMELEC has the authority to effect transfer. No registration shall be conducted during the period starting 120 days before a regular election and 90 days before a special election.
1.
2.
Not prepared in accordance with law Prepared through CODE: F3I2BS2
BOOK OF VOTERS - Classified as permanent whereby each precinct shall have a permanent list of all registered voters residing within the territorial jurisdiction of that precinct. ALTERATION OF BOOK OF VOTERS CODE: DECANT
1. 2. 3. 4. 5. 6. 7. 8.
FRAUD FORGERY FORCE INTIMIDATION IMPERSONATION BRIBERY SIMILAR irregularity Contains data improbable that are STATISTICALLY
Jurisdiction in Inclusion/ Exclusion cases

1. The municipal and metropolitan trial courts shall have original and exclusive jurisdiction over all matters of inclusion and exclusion of voters from the list in their respective municipalities or cities. Decisions may be appealed to the RTC within 5 days from receipt of notice of decision. RTC will decide the appeal within 10 days. Decision is final and executory. EXCLUSION CASES May be filed any time EXCEPT 100 days before regular elections or 65 days before special elections Grounds: NOTE: The requirement dispensed with. of actual residency is
2. 3.
INCLUSION CASES May be filed any time EXCEPT 105 days before regular elections or 75 days before special elections Grounds:
1.
Application for registration has been disapproved by the board Name has been stricken out
1. Not qualified or
possessing disqualification
DISQUALIFICATIONS: 1. Sentenced by FINAL judgment to suffer IMPRISONMENT NOT LESS THAN 1 YEAR 2. Adjudged by final judgment by a competent court of having committed any crime involving DISLOYALTY to the duly constituted government e.g. rebellion or crimes against national security NOTE: For (1) and (2): 1. Disqualification may be removed by plenary pardon or amnesty 2. Reacquire the right to vote upon expiration of 5 years after service of sentence 3. INSANE or INCOMPETENT persons as declared by competent authority
2.
2. Flying voters 3. Ghost voters

Requires a sworn petition
4. 5.
Those who have LOST their Filipino citizenship those who have EXPRESSLY RENOUNCED expressly renounced their Philippine citizenship and who have pledged allegiance to a foreign country An IMMIGRANT or PERMANENT RESIDENT, unless he executes an affidavit stating expressly declaring:
6.
OVERSEAS ABSENTEE VOTING ACT - Ensures equal opportunity to all qualified citizens of the Philippines abroad to exercise their right to vote in the national elections.
1. 2.
Intention to resume actual, physical, permanent residence within 3 years from approval of registration Has not applied for citizenship in another country ACT EFFECT 1. rem oval of name from the list 2. per manent disqualification Imprisonment of not less than 1 year
1.
DOMESTIC ABSENTEE VOTING - Public officials stationed in places other than the place where he is a registered voter are allowed to vote in the place of their work. e.g. police officers, military personnel, schoolteachers OVERSEAS ABSENTEE VOTING - Qualified Filipinos abroad may be allowed to vote under a system congress will provide.
1.
Failure to undertake affidavit
2.
2. Failure to
undertake affidavit yet voted
QUALIFICATIONS:
1.
2. 3. 4.
Filipino citizen At least 18 years of age Free from disqualifications Must file an affidavit expressly declaring:
3. Failure to
resume residency
Removal of name from list
1. 2. 5. 6.
Intention to resume actual, physical, permanent residence within 3 years from approval of registration Has not applied for citizenship in another country
4. Failure to
resume residency yet voted
Imprisonment of not less than 1 year
Registered overseas absentee voters Has an approved application to vote in absentia
DUAL CITIZENSHIP LAW - Former NATURAL-BORN Filipino citizens who acquired foreign citizenship through naturalization are deemed not to have lost

their Philippine citizenship under conditions provided in this act. DERIVATIVE CITIZENSHIP - The unmarried child, whether legitimate, illegitimate, or adopted, under 18 years of age, of those who re-acquire Philippine citizenship under the Dual Citizenship Law shall be deemed citizens of the Philippines. REQUIREMENT FOR NATURALIZED CITIZENS:
2. 3. 4. 5.
Suspended from office (failed to serve full term) Unseated, in order to vacate by reason of declaration of failure of election or an election protest Served unexpired term after winning in the recall elections Assuming a local government post (even if served for 3 consecutive terms) after winning a recall election (since not considered an immediate reelection)
1. 2. 3.
VOTE - Swear an oath of allegiance ELECTED TO PUBLIC foreign citizenship OFFICE Renounce
APPOINTED TO PUBLIC OFFICE - Swear an oath of allegiance to the AND renounce foreign citizenship
HOLD OVER PRINCIPLE - The term of all local officials is 3 years, but Sec. 5 of R.A. 9164 authorizes the hold-over of incumbent barangay officials until their successors are elected. GENERAL RULE: In the Philippines all elective officials are elected by plurality vote. EXCEPTION: Party-list representatives are elected through proportional representation. GROUNDS FOR SUBSTITUTION: 1. Death 2. Withdrawal 3. Disqualification GENERAL RULE: No substitution is allowed for an independent candidate. Only candidates who are members of and are nominated by a party can be substituted. EXCEOTION: A candidate for a barangay elective office notwithstanding the policy that barangay elections are non-partisan can be substituted by his/her spouse. Rulloda v. COMELEC (G.R. No. 154198) (January 20, 2003) RULES ON SUBSTITUTION: 1. Any candidate may withdraw anytime before election day. his candidacy
QUALIFICATIONS/ DISQUALIFICATIONS
There is no constitutional right to run for or hold public office. What is recognized is merely a privilege subject to limitations imposed by law. Pamatong v. COMELEC (G.R. No. 161872) (April 13, 2004)
NOTE: Congress may not add to the qualifications for elective officials provided in the Constitution. However, they may for elective officials not provided in the Constitution. CONDITIONS FOR THE 3-TERM BAN:
1. 2. 3.
The official has been elected for 3 consecutive terms in the same local government post Fully served 3 consecutive terms Elected in a regular election
NOTE: The 3-term ban applies only for elective local officials. SERVICE OF FULL TERM:
2.
3. 4.
1.
When a municipality has been converted to a city, and the area and inhabitants of the locality are the same, and the 3-term municipal mayor continued to hold office until such time as city elections are held Where an incumbent mayor loses in election protest but the decision of the RTC was promulgated AFTER the service of the term.
A person without a valid certificate of candidacy cannot be considered a candidate and therefore cannot be substituted. Substitute candidate may file his certificate of candidacy no later than mid-day of election day. No person who has withdrawn his candidacy for a position shall be eligible as a substitute candidate for any other position. The substitute candidate must be qualified to hold office and must be a member of and nominated by the same political party. A public office is personal to the public officer and not a property transmissible to the heirs upon death. The Court has allowed substitution and intervention but only by a real party in interest. The Protestants widow is not a real party in interest to the election protest.
5. 6.
2.
NOT SERVICE OF FULL TERM:
1.
Fills up a higher operation of law)
office
(by
succession
or

7. 8. The filing of the withdrawal shall not affect the civil, criminal or administrative liabilities the substituted candidate may have already incurred. n case of valid substitutions, votes cast for substituted candidates are considered stray, except if the substitute candidate has the same surname. where such nomination was submitted AFTER the last day of filing of the certificate of candidacy
6. 7.
NOMINATED by a party that nominated IN EXCESS of the number of persons to be voted for an election position A candidate ACCEPTS NOMINATIONS from more than 1 registered political party
CANDIDATE - A person aspiring for or seeking an elective public office who has filed by himself or through an accredited political party a certificate of candidacy. RULES ON CANDIDACY: FILING CERTIFICATES OF
ASPECTS OF DISQUALIFICATION CASES: 1. ELECTORAL ASPECT
1. 2. 3.
Whether or not the offender should be disqualified from being a candidate or from holding office Proceedings are summary in character and require only a clear preponderance of evidence An erring candidate may be disqualified even without prior determination of probable cause in a preliminary investigation
1.
2.
3.
No person shall be elected into public office unless he files his COC within the prescribed period. No person shall be eligible for more than one office. If he files more than 1 position, he shall not be eligible for all unless he cancels all and retains one. The COC shall be filed by the candidate personally or by his duly authorized representative. No COC shall be accepted if filed by mail telegram or facsimile. Upon filing, an individual becomes a candidate. Thus, he is already covered by rules, restrictions and processes involving candidates. The receiving officers shall have the ministerial duty to receive and acknowledge receipt of the COC. A COC will not be cancelled even if it failed to specify the position sought if the information omitted is supplied in the certificate of nomination and amended COC.
2.
CRIMINAL ASPECT
1. 2. 3. 4. 5.
Whether or not there is probable cause to charge a candidate for an election offense The prosecutor is the COMELEC, through its Law Department which determines whether or not probable cause exists If there is probable cause, the COMELECs Law Department files the criminal information before the proper court Proceedings before the proper court demand a full blown hearing and require proof beyond reasonable doubt to convict A criminal conviction shall result in the disqualification of the offender, which may even include disqualification from holding a future public office
4. 5. 6.
EFFECT OF FILING OF COC ON INCUMBENTS: APPOINTIVE - Considered ipso fact resigned from office upon filing of the COC ELECTIVE - Continue to hold office, whether they run for the same or different position. INDEPENDENT CANDIDATES:
GROUNSA FOR DISQUALIFICATION: 1. Lacking qualifications 2. Filing a COC for more than 1 office
1. 2. 3. 4. 5.
NOT A MEMBER of a registered political party MEMBER of an UNREGISTERED political party MEMBER of a registered political party but NOT OFFCIALLY NOMINATED as candidate by said party NOMINATED by a person who is NOT the duly AUTHORIZED representative of a registered political party NOMINATED by a registered political party but such was NOT SUBMITTED to the COMELEC or
3.
4. 5.
False and material representation in the COC Disqualifications under the LGC Nuisance candidate Election offenses enumerated under Sec. 68 of the Omnibus Election Code Declared insane or incompetent by competent authority Sentenced by final judgment for subversion, insurrection, rebellion or an offense which he has been sentenced to a penalty of more than 18 months, or a crime involving moral turpitude, unless given plenary pardon/ amnesty
6.
7.
8.

FALSE AND MATERIAL REPRESENTATION 1. Must be false
2. 3.
Must be material (goes into your qualifications) Must be deliberate and there is an intention to defraud the electorate
NO FALSE MATERIAL REPRESENTATION: 1. When a candidate uses the name of her long-time live-in partner 2. When the candidate is actually qualified even if the entries in the COC as filled up by the candidate will show that he is not 3. When the candidate, supported by a preponderance of evidence, believed that he was qualified since there was no intention to deceive the electorate as to ones qualifications for public office DISQUALIFICATINOS UNDER THE LGC:
3. Performance in previous elections 4. Political exposure 5. Platform of government 6. Political party affiliation and support 7. Running under a slate 8. Organization and machinery 9. Popularity 10. Profession
11. Income
12. Properties 13. Educational attainment 14. Similarity in name causes confusion 15. Qualifications and disqualifications
ELECTION OFFENSES UNDER SEC. 68:
1.
Sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by 1 year or more of imprisonment within 2 years after serving sentence Removed from office administrative case as a result of an
1. 2. 3. 4. 5. 6. 7. 8. 9.
2. 3.
4. 5.
Giving money other material consideration to influence, induce, or corrupt the voters or public officials performing electoral functions Committing acts of terrorism to enhance his candidacy Spending in his election campaign an amount in excess of that allowed Soliciting, receiving, contributions making prohibited
Convicted by final judgment for violating the oath of allegiance to the Republic Fugitives from justice in criminal or non-political cases here or abroad Dual allegiance Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right
6.
Campaigning outside campaign period To remove, destroy, obliterate or in any manner deface or tamper with or prevent the distribution of lawful election propaganda Using prohibited forms of election propaganda Coercing ones subordinates to aid, campaign or vote for or against any candidate Using threat, intimidation terrorism, fraudulent devices or other forms of coercion solicit votes or undertake any propaganda on the day of registration before the BEI and on the day of election, for or against any candidate or any political party within the polling place and within a radius of 30 meters public official/ employee who releases, disburses or expends any public fund during 45 days before a regular election and 30 days before a special election political party which holds political conventions or meetings to nominate it official candidates earlier than the period fixed
NUISANCE CANDIDATE One who has no bona fide intention to run for the office and would thus prevent a faithful determination of the true will of the people. NOTE: COMELEC may MOTU PROPIO or upon VERIFIED PETITION of any interested party refuse to give due course or cancel a COC when:
1. 2. 3.
The COC has been filed to put the election process in mockery or disrepute Causes confusion among the voters by the similarity of the names of the registered candidates Other circumstances which clearly demonstrate that the candidate has no bona fide intention to run for the office
10. To
11. Any
FACTORS TO CONSIDER:
1. 2.
Capability to wage nationwide campaign Intention to run for office
12. Any

13. Any 14. Any 15. Any
person who abstracts, destroys, cancels any COC duly filed which has not been cancelled upon order of the Commission person who misleads the BEI by submitting any false or spurious COC/ document to the prejudice of a candidate person who, being authorized to receive COCs, receives any COC outside the period for filing the same and makes it appear that said COC was filed on time; or any person who by means of fraud, threat, intimidation, terrorism or coercion, cause/ compels the commission of said act person who by any device or means, jams, obstructs or interferes with radio or TV broadcast of any lawful political program 3. 4. 5. Refusing to issue the certificate of voters to the duly accredited watchers (committed by a member of the BEI) Person who violated provisions against prohibited forms of election propaganda Failure to give notice of meetings to other members of the board, candidate or political party (committed by the Chairman of the board of canvassers) A person who has been declared a nuisance candidate or is otherwise disqualified who continues to misrepresent himself as a candidate and any public officer or private individual who knowingly induces or abets such misrepresentation by commission or omission. If the chairman of the BEI fails to affix his signature at the back of the official ballot, in the presence of the voter, before delivering the ballot to the voter.
6.
16. Any
7.
17. Soliciting votes on election day

EFFECTS OF DISQUALIFICATION:
1. 2.
Any candidate who has been declared by final judgment to be disqualified shall NOT be voted for If the candidate is not disqualified by final judgment before the election and receives the highest number of votes in the election the court or COMELEC will continue with the trial and hearing of the action or protest. Upon motion of the complainant or intervenor, the court or COMELEC may order suspension of the proclamation whenever the evidence of his guilt is strong.
COMELEC, ELECTORAL TRIBUNALS AND THE COURTS

COMELEC POWERS:
1. 2. 3.
EXECUTIVE - Enforcement and administration of election laws LEGISLATIVE - Issuance of rules and regulations, and those delegated by Congress
PRESCRIPTION OF ELECTION OFFENSES:
1. 2.
Election offenses prescribe after 5 years from the date of their commission. If the discovery of the offense is made in an election contest proceeding, the period of prescription shall commence on the date which the judgment in such proceedings becomes final and executory.
JUDICIAL - Power to resolve controversies that may arise in the enforcement of election laws and to be sole judge of all pre-proclamation disputes and of all contests relating to the elections, returns, and qualifications of all regional, provincial and city officials VENUE ACTION/PROCEEDING 1. Offenses relating to failure to register or vote MTC 2. Authority to exclude or deny person from voting
3. Election
OTHER ELECTION OFFENSES UNDER RA 6646:
protest of Barangay official (but appellate jurisdiction is with COMELEC) 4. Quo warranto proceeding against barangay official RTC 1. Criminal proceedings for violation of (Original the OEC jurisdicti 2. Election offenses on) 3. Quo warranto case against municipal officials 1. Plebiscite protest COMELE 2. Disqualification cases before C proclamation of local officials Division 3. Quo warranto cases against regional, provincial, or city officials
1.
2.
Causing the printing of official ballots and election returns by printing establishments not on contract with COMELEC and printing establishments which undertakes unauthorized printing Tampering, increasing or decreasing the votes received by a candidate or refusing after proper verification and hearing to credit the correct votes or deduct the tampered votes (committed by a member of the board of election inspectors)

1. Annulment of book of voters COMELE 2. Peoples initiative C En 3. Failure of Elections Banc 4. Postponement of Elections
4. 5. 6. 7. 8. 9.
Deputize law enforcement government instrumentalities Register political parties Registration of voters Accredit citizens arms Prosecute election offenses
agencies
and
5. Appeal
via MR PET
decision of COMELEC division
1. Disqualification case after proclamation against the President/VP
2. Quo
Warranto President/ VP
case
against
the
Recommend to the President the removal or discipline of any officer/ employee deputized, for violation or disregard of its directive
SET
1. Disqualification case after proclamation against Senators 2. Quo Warranto case against Senators 1. Disqualification case after proclamation against Members of the House of Representatives 2. Quo warranto case against Members of the House of Representatives
10. Correction 12. Questions
of errors in tabulation/ tally of results by BOC 11. Correction of manifest errors by BOC whether elections have been held or whether certain ERs were falsified or manufactured and therefore should be excluded from canvass
HRET
1. Petition
SC
for review of a COMELEC en banc ruling on MR of COMELEC divisions decision division has committed GADLEJ in issuing an interlocutory order validity of a special election to fill up a vacancy in the Senate concurrent jurisdiction with COMELEC to issue writs of certiorari, prohibition, mandamus over decisions of trial courts of general jurisdiction in election cases involving municipal officials
QUASI-JUDICIAL POWER Involves the investigation of facts, holding hearings, and drawing conclusions from them, as basis for official action and to exercise discretion GENERAL RULE: In all election cases, either direly filed with COMELEC or appealed from BOC, the resolution of which requires exercise of quasi-judicial power, DIVISION shall take cognizance. EXCEPTIONS (COMELEC EN BANC):
2. COMELEC
3. Time is of the essence 4. Questions involving the 5. Has
1. 2. 3.
When what is involved is purely administrative and not quasi-judicial in nature When the required number of votes to reach a decision, resolution, order or ruling is not obtained by a division Where petitioner invoked jurisdiction of the COMELEC en banc, participated in its proceedings and sought reliefs therefrom, in which instance he is stopped Postponement, declaration of failure of election, and calling of special elections Prosecute election cases and conduct of preliminary investigation to determine probable cause and file corresponding information, in exercise of its prosecutory power A Motion for Reconsideration of the final order or decision of the division.
COMELEC EN COMELEC BANC DIVISION Administrative Quasi-judicial ADMINISTRATIVE POWER Managing or conducting, directing, or superintending the execution, application or conduct of persons or things. It does not entail an opportunity to be heard, the production and weighing of evidence, and a decision or resolution
4. 5.
6.
1. 2. 3.
Power to determine number and location of polling places Appoint election officials and inspectors Conduct registration of voters
NOTES:
1.
The factual finding of the COMELEC supported by substantial evidence is binding on the Supreme Court.

2.
COMELEC may suspend the rules in the interest of justice. Technicalities and procedural barriers should not be allowed to stand if they constituted an obstacle to the determination of the true will of the electorate in the choice of their elective officials. POLITICAL PARTIES - An organized group of persons pursuing the same ideology, political ideas or platforms of government including its branches and divisions. CRITERIA TO DETERMINE TYPE OF POLITICAL PARTY:
JUDICIAL REVIEW:
1.
A resolution of the COMELEC en banc may be reviewed by the SC by certiorari filed with the latter within 30 days from the promulgation thereof. The 30-day rule applies to final orders, rulings, and decisions of the COMELEC rendered in the exercise of its adjudicatory or quasi-judicial powers, not in the exercise of its administrative function to enforce and administer election laws to ensure an orderly election. When a party files a MR with the COMELEC en banc and the same is denied, he has only 30 days less the period he consumed when he filed the MR to file his petition for certiorari with the SC
1. 2. 3. 4. 5.
Established record of said parties showing in past elections Number of incumbent elective officials Identifiable political organizations and strengths Ability to fill and complete slate of candidates
2.
Other analogous circumstances TYPES: 1. Non-Registered Parties 2. Registered Parties
3.
1. 2. 3. 4.
Dominant Majority - Entitled to a copy of ER Dominant Minority - Entitled to a copy of ER Top 3 - Entitled to appoint a principal watcher and a copy of the COC Bottom 3 - Entitled to appoint a principal watcher
GENERAL RULE: SC has no power to review an interlocutory order of a final resolution of a division of the COMELEC. EXCEPTION: When a party has hardly enough opportunity to move for reconsideration and obtain a swift resolution in time for the election and the petition involves transcendental constitutional issues, direct resort to the SC is justified
NATIONAL PARTY - Its constituency is spread over the geographical territory of at least a majority of the regions. REGIONAL PARTY - Its constituency is spread over the geographical territory of at least a majority of the cities and provinces comprising a region SECTORAL PARTY - An organized group of citizens whose principal advocacy pertains to the special interests and concerns of the following sectors:
PARTIES
PARTY-LIST SYSTEM - A social justice tool designed not only to give more law to the great masses of our people who have less in life, but also to enable them to become veritable lawmakers empowered to participate directly in the enactment of laws designed to benefit them AIM AND PURPOSE:
1. 2. 3. 4.
Broaden the base of candidates Encourage multi-partism Ensure party loyalty Promote proportional representation
NOTE: Congress cannot provide for a two-party system because:
1. 2.
This violates the freedom of association as provided in the Bill of Rights. The Constitution mandates that the Philippine party system shall be multi-party, open and free.
1. Labor 2. Fisherfolk 3. Peasant 4. Urban poor 5. Indigenous 6. Cultural communities 7. Youth 8. Women 9. Handicapped 10. Elderly 11. Overseas workers 12. Veterans

13. Professional workers
UNIQUIE CHARACTERISTICS OF THE PHILIPPINE PARTY-LIST SYSTEM: 1. ONLY IN HOUSE 1. The proportional representation or party-list system is only available in the House of Representatives. 2. Plurality formula is used for other elective officials. constitution, history, platform, and track record. It must demonstrate that in case of conflict of interests, it is likely to choose the interest of the sectors. QUALIFICATIONS OF A PARTY-LIST NOMINEE:
1. 2. 3. 4. 5. 6.
A natural-born citizen of the Philippines A registered voter A resident of the Philippines for a period of not less than 1 year immediately preceding the election day Able to read and write A bona fide member of the party he seeks to represent for at least 90 days preceding election day At least 25 years of age on election day.
2.
THE 20% ALLOCATION - Prescribes only a ceiling and is not considered mandatory. No. of Party-List Reps = (No. of District Reps/ 0.80) X 0.20 TWO VOTES 1st vote - For the district representative 2nd vote - For the party-list representative
3.
NOTE: The name of the party and not the nominee of the party should be indicated as 2nd vote.
4.
THE 2% THRESHOLD AND 3-SEAT LIMIT
1. 2.
To be entitled to 1 qualifying seat, a party must obtain 2% of the total ballots cast for qualified party-list candidates. Votes cast for a party which is not entitled to be voted for should not be counted. The votes they obtained shall be deducted from the canvass of the total votes for the partylist. Rounding-off is not allowed. Each party is entitled to a maximum of 3 seats. Parties other than the 1st party (the party that obtained the highest # of votes based on plurality) may be entitled to additional seats based on the ff. formula:
NOTES: 1. In case of the youth sector, he must be at least 25 but not more than 30 years of age on the day of the election. 2. Any youth sectoral representative who reaches the age of thirty 30 during his term shall be allowed to continue in office until the expiration of his term.
3.
A list with 5 names should be submitted to COMELEC as to who will represent the party in the Congress. Ranking in the list submitted determines who shall represent party or organization.
DISQUALIFICATION OF PARTY-LISTS:
3. 4. 5.
No. of votes of party No. of votes of 1st party x number of seats of 1st party 5. EXCLUSIVE TO THE MARGINALIZED
1. 2. 3. 4. 5. 6. 7. 8. 9.
Religious sect, denomination, organization Advocates violence Foreign party/ organization Receives foreign support Violates election law Untruthful statements in its petition Ceased to exist for at least 1 year Failed to participate in the last 2 preceding elections Failed to obtain at least 2% of the votes cast under the party-list system in the 2 preceding elections
1.
2.
Only parties and organizations that actually and truly represent the underrepresented and marginalized constituencies can participate under the party-list system. At least a majority of its members should belong to the marginalized. General averments that an organization represents the marginalized sectors must be substantiated and shown through its
3.
NOTE: Cancellation of registration of a party list may be done by the COMELEC motu proprio or upon verified complaint of any interested party after due notice and hearing
CAMPAIGN

90 mins. for Local candidates ELECTION CAMPAIGN - An act designed to promote the election or defeat of a particular candidate to a public office. CAMPAIGN PERIOD - 90 days before the day of the election and shall end 30 days thereafter. VALID FORMS OF CAMPAIGNING: TV (per network) 120 mins. for National candidates 60 mins. for Local candidates
3.
1.
Forming organizations, associations, clubs, committees or other groups of persons for the purpose of soliciting votes and/ or undertaking any campaign for or against a candidate. Holding political caucuses, conferences, meetings, rallies, parades or other similar assemblies for the purpose of soliciting votes and/ or undertaking any campaign or propaganda for or against a candidate. Making speeches, announcements or commentaries or holding interviews for or against the election of any candidate for public office. Publishing or distributing campaign literature or materials designed to support/ oppose the election of any candidate. Directly or indirectly soliciting votes, pledges or support for or against a candidate. Advertisements. PROPAGANDA (FAIR
GENERAL RULE: It shall be unlawful for any person or organization to solicit and/ or accept any gift, contribution, food, transportation or donation in cash or in kind from the commencement of the election period up to and including election day. EXCEPTION: Normal and stipends, tithes or collections. customary religious
2.
PROHIBITED MEANS OF RAISING FUNDS:
3.
4. 5.
6.
1. 2. 3. 4. 5. 6. 7. 8. 9.
Dances Lotteries Cockfights Games Boxing bouts Bingo Beauty contests Entertainment Cinematographic, performances theatrical or other
LAWFUL ELECTION ELECTION ACT)
INVALID FORMS OF CAMPAIGNING:
1. 2. 3. 4. 5.
Letters Written and printed materials (8.5 in. x 14 in.) Posters (2 ft. x 3 ft.) in common-private poster areas Rally streamers (3 ft. x 8 ft.) Use of gadgets and billboards
1. 2.
Display of campaign materials outside authorized common poster areas in public places or private places without the consent of the owner
Non-removal of premature campaign materials within 3 days from notice NOTE: Failure to remove raises presumption that said candidate was engaged in premature campaigning
FREE SPACE AND AIRTIME 1. SPACE 3 National newspapers - National candidates 1 National newspaper - Local candidates 2. AIRTIME 3 National TV and Radio Networks - National candidates 1 Major Broadcasting station - Local candidates NOTE: There shall be equal allocation for all candidates for 3 calendar days. PAID ADVERTISMENTS 1. PRINT page in broadsheet, 3x a week page in tabloid, 3x a week 2. RADIO (per network) 180 mins. for National candidates
3. 4. 5. 6. 7. 8.
Print, publish or broadcast election propaganda donated to a candidate without the written acceptances of the candidate Foreign intervention Campaigning outside campaign periods Removal or destruction of lawful propaganda Removal, confiscation or destruction of prohibited propaganda other than by COMELEC or its deputized officers Written or broadcast materials that do not bear the inscription: political advertisement paid for and name/ address of benefiting candidate or party

9.
Advertisements beyond the allotted time and space food and drinks during and 5 hours before and after public meetings portraying life
6. 7. 8.
10. Transportation,
EDUCATIONAL institutions which have received grants of public funds not less than P100,000 by the government officials or employees in the CIVIL SERVICE or members of the ARMED FORCES of the Philippines FOREIGNERS and foreign corporations
11. Movie or video on candidate 12. Cinematography or documentary

or biography of candidate
RULES ON ELECTION PROPAGANDA:
1. 2.
All registered parties and bona fide candidates shall have the right to reply to charges published against them. No movie, cinematograph, documentary portraying the life or biography of a candidate shall be publicly exhibited in a theatre, TV station, or any public forum during the campaign period. No movie, cinematograph, documentary portrayed by an actor or media personality who is himself a candidate shall be publicly exhibited in a theatre, TV station or any public form during the campaign period. All mass media entities shall furnish the COMELEC with copies of all contracts for advertising, promoting, or opposing any political party or the candidacy of any person for public office within 5 days after its signing. Any media personality who is a candidate or is a campaign volunteer for or employed or retained in any capacity by any candidate or political party shall be deemed resigned, if so required by their employer, or shall take a LOA from his work as such during the campaign period.
AUTHORIZED EXPENSES - Multiplied with the total number of registered voters: P10 - President and Vice President P3 - Other candidates P5 - Independent candidates and political parties LAWFUL EXPENDITURES:
1. 2. 3. 4. 5. 6.
Traveling expenses Compensation of campaigners, clerks, stenographers, messengers and other persons actually employed in the campaign Telegraph and telephone tolls, postage, freight and express delivery charges Stationary, printing and distribution of printed matters relative to candidacy Employment of watchers at the polls Rent, maintenance and furnishing of campaign HQ, office, or place of meetings
3.
4.
5.
7. Political meetings and rallies 8. Advertisements 9. Employment of counsel 10. Printing sample ballots 11. Copying and classifying
PROHIBITED CONTRIBUTIONS:
list of voters, investigating and challenging the right to vote of persons registered in the lists
1. 2. 3. 4. 5.
Public or private FINANCIAL institution, except loans to a candidate or political party Public utilities or those RESOURCES of the nation exploiting NATURAL
NOTE: The cost of (9) (10) (11) shall not be taken into account in determining the amount of expenses which a candidate or political party may have incurred.
Persons with CONTRACTS to SUPPLY the government with goods or services or to perform CONSTRUCTION or other works Grantees of franchises, incentives, exemptions, allocations or similar PRIVILEGES or concessions by the government Persons who, within 1 year prior to the date of the election, have been granted LOANS or other accommodations in excess of P100,000 by the government
CASTING OF VOTES AND CANVASSING

GROUNDS TO CHALLENGE AN ILLEGAL VOTER:
1. 2. 3.
Not registered Using the name of another Suffering from existing disqualification
GENERAL RULE: No voter shall be required to present his voters affidavit on election day.

EXCEPTION: His identity is challenged. NOTE: Failure to produce voters affidavit shall not preclude him from voting If: GENERAL RULE: Voting by proxy is not allowed EXCEPTIONS: 1. illiterate 2. handicapped GENERAL RULE: No ballots other than official ballots shall be used or counted EXCEPTIONS:
1. 2.
His identity be shown from the photograph, fingerprints or specimen signatures in his approved application in the book of voters He is identified under oath by a member of the BEI and such identification shall be reflected in the minutes of the board
1. 2. 3.
Failure to receive the official ballots on time There are no sufficient ballots for all registered voters The official ballots are destroyed at such time as shall render it impossible to provide other official ballots
GROUNDS TO CHALLENGE BASED ON ILLEGAL ACTS:
1. 2. 3.
Vote buying Vote selling Vote betting
NOTE: The challenged person shall take a prescribed oath before the BEI that he has not committed any of the acts alleged in the challenge, afterwhich he will be allowed to vote. BUILDINGS NOT VALID AS A POLLING PLACE:
NOTE: In the given abovementioned exceptions, the remedy is to use emergency ballots to be provided by the city or municipal treasurer. FEATURES OF CANVASSING:
1.
2.
The Board of Canvassers (BOC) is a collegial body. The BOC exercises ministerial duty. The BOC exercises quasi-judicial functions. Proceedings before BOC are summary The BOC convenes at 6pm. Canvassing shall be in public. Proceedings are continuous from day to day, without interruption except to adjourn. No police, army or security officer allowed within 50 meters from canvassing room unless called in writing by the BOC to stay outside the room. After proclamation, BOC becomes functus officio.
1.
Public or private building owned, leased or occupied by any candidate of any person who is related to any candidate within the 4th civil degree of consanguinity or affinity, or any officer of the government or leader of any political party Building or surrounding premises actual control of a private entity under the
3.
4. 5. 6.
2. 3.
7. 8.
9.
Those located within the perimeter of or inside a military or police camp or reservation or within a prison compound
NOTE: Where no suitable public building is available, private school buildings may be used as polling places. TRANSFER OF VENUE OF COUNTING:
PRE-PROCLAMATION CONTROVERSIES AND ELECTION CONTESTS

GROUNDS IN CONTROVERSIES: PRE-PROCLAMATION
1. 2. 3.
Imminent threat of violence Unanimous vote of Board of Inspectors Majority of Watchers
1. 2.
Illegal composition or proceedings of the board of canvassers Irregularities in relation to the preparation, transmission, receipt, custody, and appreciation of election returns and certificates of canvass: 1. ERs are delayed, lost or destroyed 2. Material defects in the ERs 3. ERs appear to be tampered with or falsified 4. Discrepancies in the ERs
APPRECIATION OF BALLOTS: 1. Follow intent rule
2. 3. 4.
5.
Favor validity v. invalidity Favor surname v. first name Favor incumbent v. non-incumbent invalidate a ballot when it is proven that:
1. 2.
WBT - written by two WBO - written by one
NOTE: Grounds for pre-proclamation controversies are EXCLUSIVE.

GENERAL RULE: COMELEC cannot go behind the face of an election return. EXCEPTION: When there is prima facie showing that the ER is not genuine GROUNDS FOR MATERIAL DEFECTS:
2.
The SC issues an order for the proceedings to continue in a petition for certiorari
GROUNDS FOR RECOUNT:
1.
2. 3.
1. 2.
Omission of name of candidates Omission of votes for candidates ERs HAVE BEEN FALSIFIED/ TAMPERED BOC needs no prior permission from the COMELEC to get copies of the other ERs
Material defects in the ERs ERs are tampered or falsified discrepancies in the ERs
WHEN RECOUNT IS POSSIBLE:
MATERIAL DEFECT IN THE ERs BOC needs authority from COMELEC to get copies of the other ERs JURISDICTION:
1. 2.
3.
COMELEC order BEI to conduct recount Integrity and identity of ballot box is not violated BEI ascertains that integrity of ballots in box preserved BEI recounts and complete/correct returns
4. 1. 2.
STATISTICALLY IMPROBABLE DATA
1. 2.
Contested composition/ proceedings of the board - May be initiated in the Board of canvassers or COMELEC Contested ERs - Should be brought in the 1st instance before the board of canvassers only
Uniformity of tally belonging to 1 party.
in
favour
of
candidates
Systematic blanking out of candidates belonging to another party.
2 OBJECTION RULE - Submit oral objection and written objection SIMULTANEOUSLY to BOC chairperson before ERs have been canvassed. There is SUBSTANTIAL COMPLIANCE even if the oral objection is filed first, then the written objection with evidence is submitted within 24 hours. SUMMARY NATURE:
GENERAL RULE: Pre-proclamation cases are NOT allowed in elections for the President, Vice President, Senator and members of the House of Representatives: EXCEPTION: Manifest Errors in the ERs or COCs may be corrected motu proprio or upon written complaint of any interested person MANIFEST ERRORS:
1. 2.
Pre-proclamation controversies shall be heard summarily by the COMELEC. Its decision shall be executory after 5 days from receipt by the losing party of the decision, unless restrained by the SC Pre-proclamation cases are
1. 2.
3.
Mistake in adding Mistake in copying of figures from ER Statement of Votes ERs from non-existent precinct canvassed Copy of ER tabulated more than twice 2 or more copies of ER and COC in 1 precinct counted separately or
GENERAL RULE: deemed terminated:
4. 5.
1.
When all pre-proclamation cases pending before the COMELEC shall be deemed terminated at the beginning of the term of the office involved and the rulings of the BOC concerned deemed affirmed this is without prejudice to the filing of a regular election protest by the aggrieved party
NOTES: 1. The grounds for manifest errors are inclusive.
2. 3. 4.
The allowable margin of error is 60%. It suspends the running of the period within which to file an election protest or quo warranto proceeding. Notwithstanding the pendency of any preproclamation controversy, the Commission may summarily order the proclamation of other winning candidates whose election will not be affected by the outcome of the controversy.
2.
EXCEPTION: Proceedings may continue if:
1.
COMELEC determines that the petition is meritorious and issues an order for the proceedings to continue
KINDS OF ELECTION CONTESTS: Advisers: Atty. Alberto Agra, Atty. Sedfrey Candelaria; Heads: Mark Calida, Herschel Que; Understudy: Ayen Qua; Volunteers: Julius Acosta, Austin Alcantara, Lesley Claudio, Miguel Dimaculangan, Sam David, Sienna Flores, Pancho Galman, Anmau Manigbas, Aubs Martin Byron Perez, Jaymie Reyes, Kris Sta. Maria, Tel Virtudez, Myra Yacapin

1. 2. Election Protest Quo Warranto quasi-judicial NOTES: OBJECT: To dislodge the winning candidate from office and determine the true winner.
1.
QUO WARRANTO Strictly speaking, it is not a contest. It is a proceeding to unseat an ineligible person from office Any voter
ELECTION PROTEST It is a contest between the winning candidate and the defeated candidate Only by a candidate who has duly filed a COC to the same office and has been voted for GROUNDS:
Only real parties in interest can file and pursue election protests. A real party in interest is the party who would be benefited or injured by the judgment and the party who is entitled to the avails of the suit. e.g. candidate of the same position Even if it was the 2nd placer who filed the election protest, the 3rd placer may still possibly win.
2.
GROUNDS FOR ELECTION PROTEST:
GROUNDS:
1. 2.
Disloyalty Ineligibility
1. Election fraud 2. Irregularities
1. 2. 3. 4. 5.
Misappreciation Violence Intimidation No padlock Padding of votes
in the casting and counting of votes or in the preparation of the ER
GENERAL RULE: Ballots are the best evidence EXCEPTION: Election returns are the best evidence when the ballots are lost, destroyed, tampered or fake EXECUTION PENDING APPEAL:
The respondent may be unseated, but the petitioner may or may not be installed into the office vacated.
The protestee may be unseated and the protestant may be installed into the office vacated. OVER ELECTION
1. 2. 3.
Public interest is involved or will of the electorate Length of time that the election contest has been pending Shortness of the remaining portion of the term of the contested office
COMELEC JURISDICTION CONTESTS:
1.
ORIGINAL Jurisdiction over contests relating to elections, returns, and qualifications of all elective: 1. Regional 2. Provincial 3. City officials APPELLATE Jurisdiction over contests involving: 1. Elective Municipal officials decided by trial courts of GENERAL jurisdiction 2. Elective Barangay officials decided by trial courts of LIMITED jurisdiction
NOTE: A combination of 2 or more will suffice to allow execution pending appeal, but shortness of the remaining period alone is not a ground for execution pending appeal. GENERAL RULE: The COMELEC cannot proclaim as winner the candidate who obtains the 2 nd highest number of votes in case the winning candidate is ineligible or disqualified. When a winner is declared ineligible, the candidate who finished 2nd cannot assume the position. EXCEPTIONS: The one who obtained the highest number of votes is disqualified and the electorate is fully aware in fact and in law of a candidates disqualification so as to bring such awareness within the realm of notoriety but would nonetheless cast their votes in favour of the ineligible candidate. NOTE: A protestant who runs for another office is deemed to have abandoned his protest.
2.
3.
COMELEC may issue extraordinary writs of certiorari, prohibition and mandamus ELECTION CONTEST After proclamation of candidate Jurisdiction of COMELEC is quasi-judicial
PRE-PROCLAMATION CONTROVERSY Before proclamation of candidate Jurisdiction of COMELEC is administrative or

ELECTIVE OFFICIAL President/VP Senator District Reps Party-List Reps CITIZENSHIP Natural-born Natural-born Natural-born Natural-born AGE 40 35 25 25 (If Youth Sector: 2530) *Gov, Vice-Gov, member of sangguniang panlalawigan, mayor, vice mayor, sangguniang panlungsod in highly urbanized cities: 23 *In component cities/municipalities: 21 *Sangguniang panlungsod, sangguniang bayan, barangay: 18 *Sangguniang kabataan: 15-21 35 21 LITERACY Read and Write Read and Write Read and Write Read and Write VOTER Registered Registered Registered in District Registered RESIDENCY 10 in the Philippines 2 in the Philippines 1 in District 1 in Philippines
Local Officials
Citizen
Read and Write Filipino or local dialect
Registered in locality
1 in locality
ARMM Governor ARMM Legislator
Natural-born Natural-born
Read and Write Read and Write
Registered in ARMM Registered in District
5 in ARMM 5 in Districts

ELECTION PROTEST GROUND S QUO WARRANTO Disloyalty to the Republic Ineligibility PRE-PROCLAMATION CONTROVERSY Illegal composition and proceedings of the Board of Canvassers Irregularities in relation to the preparation, transmission, receipt, custody, and appreciation of election returns and certificates of canvass Composition: Board or with COMELEC Election Returns: with Board of Canvassers ANNULMENT OF PROCLAMATION Proclamation based on irregular and illegal canvass whether in the election returns, certificate of canvass, proceedings and composition of board of canvassers ELECTION OFFENSE
Election Fraud Irregularities in
Violation of Omnibus
Election Code Commission of prohibited acts
casting, counting of votes, and election incidents
VENUE
President and VP: PET Senators: SET Representatives: HRET Regional/Provincial/City : COMELEC Municipal: RTC Incumbent-protestee removed from office
President and VP: PET Senators: SET Representatives: HRET Regional/Provincial/City : COMELEC Municipal: RTC Incumbentrespondent dislodged Petitioner does not assume the petition. Follow the rules on succession of officers or conduct special elections Any voter Within 10 days from proclamation
COMELEC
COMELEC Law Dept. for preliminary investigation, then Courts for prosecution
EFFECT IF CASE PROSPER S
If protestant gains
highest number, he is proclaimed
Election return set aside Recount Suspension of Proclamation
Proclamation annulled Filing suspends the running of the period within which to file election protest or quo warranto Any candidate or political party Within 10 days from proclamation
Respondent penalized with fine, imprisonment, disqualification to hold public office or deprivation of right to vote
PETITION ER PERIOD
Any candidate for the position Within 10 days from proclamation
Any candidate or political party Upon convening of Board When election return presented
Any voter Within 5 years from commission

PROCED Revision URE Trial Courtesy of Atty. Alberto C. Agra CAUSES OF ACTION Deliberate and material misrepresentati on DESCRIPTION Trial Two objection rule (oral and written) Trial Summary proceedings
PETITIONER S Any citizen of voting age or political party.
DEADLINES
False, deliberate and material representation based on Sec. 73, 74, 78 of OEC
Within 5 days from last day of filing COC but no later than 25 days from time of filing.
OPTIONS AVAILABLE IF NOT FILED WITHIN PERIOD No remedy available (waiver)
REMARKS
If disqualified by final judgment before election, votes will not be counted (stray).
If no final judgment before proclamation
Irregularities in the COC
Irregularities in filing of COC based on Sec. 73, 74, 78 of OEC Based on Sec. 69 of OEChows
Any citizen of voting age or political party. Any candidate for the same office.
Nuisance candidate
Within 5 days from filing of COC but no later than 25 days from filing. Within 5 days from last day of filing of COC.
No remedy available (waiver) No remedy available (waiver)
and gets winning number of votes. COMELEC may suspend proclamation if evidence of guilt is strong. Case referred to COMELEC Law Dept. for investigation. If case filed before election, case will continue. If case filed after election, case will be suspended. (Same rule as above)
COC filed to put election protest in
mockery or disrepute. COC causes confusion among voters by similarity of names of registered candidate.
Other acts or circumstances which
Election offense
Commission of an election offense or illegal acts (e.g. vote-buying, terrorism, etc.) Does not possess all
Any citizen of voting age or political party. Any citizen of
After last day of filing COC but before proclamation. After last day of
Election
protest
clearly demonstrate that the candidate has no bona fide intention to run for office. (Same rule as above)
Prosecute for
Lack of
election offense Quo warranto
(same rule as above)

qualifications or qualifications or possessing possesses a disqualifications disqualification Conviction by Revised Penal Code final judgment of a crime which carries ancillary penalty of deprivation of political rights Courtesy of Atty. Alberto C. Agra voting age or political party. Any citizen of voting age or political party. filing COC but before proclamation. Before proclamation. (within 10 days from proclamation) Quo warranto
(same rule as above)

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Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2009 ELECTION LAW

HONEST ORDERLY PEACEFUL ELECTIONS

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2009

Authority Procedur al Requirements

Majority vote of COMELEC EN BANC

CONDITIONS ANNUL AN ELECTION CODE: WIG

Force majeure Violence

Terrorism 4.LOSS OR DESTRUCTION OF ELECTION PARAPHERNALIA

Analogous and to Failure to elect and affects results

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2009

Sentenced by FINAL judgment to IMPRISONMENT NOT LESS THAN 1 YEAR

Those which would disqualify you as a voter:

Convicted by final judgment to imprisonment not less than 1 year Disloyalty

INSANE or INCOMPETENT persons as declared by competent authority

Not prepared in accordance with law Prepared through CODE: F3I2BS2

Jurisdiction in Inclusion/ Exclusion cases

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2009

2. Flying voters 3. Ghost voters

Failure to undertake affidavit

Removal of name from list

Imprisonment of not less than 1 year

Registered overseas absentee voters Has an approved application to vote in absentia

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2009

NOT SERVICE OF FULL TERM:

Fills up a higher operation of law)

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2009

ASPECTS OF DISQUALIFICATION CASES: 1. ELECTORAL ASPECT

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2009

Capability to wage nationwide campaign Intention to run for office

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2009

17. Soliciting votes on election day

COMELEC, ELECTORAL TRIBUNALS AND THE COURTS

PRESCRIPTION OF ELECTION OFFENSES:

OTHER ELECTION OFFENSES UNDER RA 6646:

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2009

decision of COMELEC division

1. Disqualification case after proclamation against the President/VP

10. Correction 12. Questions

3. Time is of the essence 4. Questions involving the 5. Has

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2009

Other analogous circumstances TYPES: 1. Non-Registered Parties 2. Registered Parties

NOTE: Congress cannot provide for a two-party system because:

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2009

THE 2% THRESHOLD AND 3-SEAT LIMIT

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2009

PROHIBITED MEANS OF RAISING FUNDS:

LAWFUL ELECTION ELECTION ACT)

INVALID FORMS OF CAMPAIGNING:

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2009

11. Movie or video on candidate 12. Cinematography or documentary

RULES ON ELECTION PROPAGANDA:

CASTING OF VOTES AND CANVASSING

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2009

GROUNDS TO CHALLENGE BASED ON ILLEGAL ACTS:

Vote buying Vote selling Vote betting

PRE-PROCLAMATION CONTROVERSIES AND ELECTION CONTESTS

Imminent threat of violence Unanimous vote of Board of Inspectors Majority of Watchers

APPRECIATION OF BALLOTS: 1. Follow intent rule

WBT - written by two WBO - written by one

NOTE: Grounds for pre-proclamation controversies are EXCLUSIVE.

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2009

GROUNDS FOR RECOUNT:

WHEN RECOUNT IS POSSIBLE: