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Election Law Review - Alberto C.

Agra

Flow 1) Commission on Elections 2) Voters and Voter Registration 3) Elective Officials and Candidates 4) Campaign 5) Elections: Postponement and Failure 6) Election Day: Casting and Counting 7) Canvassing and Pre-Proclamation Cases 8) Post-Proclamation: Election Protest, Quo Warranto, Annulment and Election Offense 1) Commission on Elections Enforcement: All election laws (persons and policies) Judicial Power: Qualifications, Election Contests, Not suffrage Jurisdiction: Original - Regional, Provincial and City; Appellate - Municipal, Barangay and Sangguniang Kabataan Recourse: En Banc (MR, administrative) and Division (1st instance, judicial) Process: Division - MR to En Banc - Certiorari to SC 1) Commission on Elections Judicial: Disqualification, Election Protest, Quo Warranto, Pre-Proclamation, Annulment of Proclamation Administrative: Failure of Elections, Postponement of Elections, Election Offense, Annulment of Book of Voters Contempt: Judicial, not Administrative 2) Voters: Concepts Suffrage is a Right, Not Obligation Qualifications defined in Constitution Procedural Requirements allowed, Substantive not allowed Disqualifications defined in Statute Must allow: Absentee Voting, Dual Citizens, Disabled and Illiterates to Vote Relationship with Right to Run for Office
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2) Voters: Qualifications Filipino Citizen At least 18 years of age on election day Resident in Philippines for at least 1 year prior to election day Resided in place wherein propose to vote for at least 6 months prior to election day Free from Disqualifications In order to vote, must be a registered voter 2) Voters: Disqualifications 1. Sentenced by final judgment imprisonment of 1 year or more 2. Sentenced to suffer accessory penalty political rights 3. Adjudged by final judgment crime involving disloyalty 4. Court-declared insane and incompetent persons 2) Voters: Registration Continuing Computerized List 200 Voter-Precinct Permanent but may be changed (+ or -): New Voters; Transfer; Deactivation and Activation; Cancellation; Inclusion and Exclusion; and Annulment of Book of Voters 2) Voters: Opposition Where Oppose? Election Registration Board How Oppose? File Written Opposition Why Oppose? Not Qualified, Fictitious 2) Voters: Deactivation When Disqualified to Vote Failed to Vote in 2 preceding elections When Registration Excluded by the Court When Lose Filipino Citizenship 2) Voters: Inclusion/ Exclusion

Election Law Review - Alberto C. Agra

Where File? MTC (not Comelec), then RTC Grounds? Disapproval or Name Stricken Out (Inclusion); Not Qualified or Voter Not Real (Exclusion) File Petition (refer to 1 precinct; ERB members as Respondents) Service of Notice (4 modes) Any Voter, Candidate or Political Party may Intervene Summary Proceedings (not conference inside Chambers) Presentation of Evidence (No Stipulation of Facts) Decision within 10 days from Filing Appeal with RTC (5 days) 2) Voters: Annulment of BV Where File? COMELEC Who Files? Any Voter, EO or Party What Grounds? Book Prepared Improperly, Preparation Attended with Vice or Fraud, Book contains Statistically Improbable Data 2) Voters: Election Day Illegal Voter Not registered; Use another name; Disqualified; Multiple Registrant (allowed to vote if properly identified) Illegal Act Vote-Buying; Vote-Selling; VoteBetting: Promise to induce or withhold vote (allowed to vote if take oath) 3) Officials: Elective National Office President; Vice-President; Senators (24; 1/2); Representatives (District and Party-List) Local Office LCE: Governor, Mayor and Punong Barangay; VLCE: Vice-Governor and Vice-Mayor; Sanggunian Members; Sangguniang Kabataan
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3) Officials: Party-List Multi-Partism/ Party Loyalty/ Social Justice Exclusive to Marginalized/ Nominees Organic Only in House (20% of Total) 2% Threshold (and until filled up) 3-Seat Maximum 3) Officials: Candidate Definition: Seeks public office and files certificate of candidacy Effect of Non-Filing: Not a candidate (re: liability for unlawful acts and omissions) Effect of Filing: On Tenure of Incumbents (elective and appointive) 3) Officials: Substitution Grounds 1. Death, 2. Withdrawal and 3. Disqualification Both Substituted and Substitute must be qualified When? Up to mid-day of election day (Rules might set earlier deadline) Substitute? Qualified and Same Party (or spouse) Substituted can no longer run for any other position/ Withdrawal not affect liabilities Votes cast for substituted stray unless same surname 3) Officials: Qualifications Set by the Constitution (for national) and statutes (for local) 1. 2. 3. 4. 5. Citizenship Age Residency Registered Voter Literacy

Election Law Review - Alberto C. Agra

6. Free from Disqualifications 7. Undergo Drug Test under CDDA of 2002 (unconstitutional) 3) Officials: Disqualifications 1. Lack qualifications/ possess some disqualifications 2. Violate Term Rule (1-2-3 terms) 3. Commission of an election offense 4. Nuisance Candidate 5. Sentenced by Final Judgment accessory penalty 6. Willfully Commits Material Misrepresentation 7. No valid, timely and properly filed certificate of candidacy 3) Officials: Disqualifications Lack of Qualifications Where File: Comelec Division When File: Before Proclamation If Not File: Quo Warranto 3) Officials: Disqualifications Election Offense What Offenses? Vote-Buying, Terrorism, Unlawful Expenditures, Unlawful Campaign, Coercion of Subordinates, Threats, Prohibition against Release of Public Funds Where File? Comelec Division When File? Before Proclamation If Not File? Election Protest and/ or Election Offense 3) Officials: Disqualifications Nuisance Candidate Who Is? Campaign Capability, Intention, Performance, Exposure, Platform, Party Affiliation, Organization, Profession, Income, Health, Education, Name Where File? Comelec Division

When File? Within 5 days from Last Day Filing of Certificate of Candidacy If Not File: No remedy 3) Officials: Disqualifications Misrepresentation Misrepresentation must be 1. Material (pertains to Qualifications and Disqualifications) and 2. Willful/ Deliberate; Even if there is Misrepresentation, if actually Qualified Not Disqualified Where File? Comelec Division When File? 25 days from Filing of CoC If Not File: No remedy 4) Campaign: Concept Definition: Act designed to promote or defeat a candidate Determining Factor: Intent/ Design (not all acts of beneficence are considered campaigning) Application: All Candidates for All Elective Offices Current Framework: Regulated but liberalized 4) Campaign: Allowable Forms 1. Forming Organizations 2. Holding Rallies 3. Making Speeches 4. Distributing Campaign Materials 5. Soliciting Votes 6. Publishing Advertisements 4) Campaign: Propaganda 1. 2. 3. 4. 5. 6.
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Paid Political Advertisements Free Space and Airtime Use of Gadgets and Billboards Private Poster Areas Posting in Private Places Election Surveys and Exit Polls

Election Law Review - Alberto C. Agra

4) Campaign: Written Forms 1. 2. 3. 4. Printed Materials (8.5Wx14L) Letters Posters (2x3), Poster Areas (12x16) Rally Streamers (3x8)

During preparations or transmission of election returns, 4. Canvassing Authority: Comelec en banc (petition) 6) Election Day: Pre-Casting 1. Polling Places are Opened 2. Election Paraphernalia and Book of Voters Presented and Examined in Public 3. BEI Chair Opens Ballot Box (turn upside down) 4. BEI Locks Ballot Box 5. BEI Chair and Poll Clerk Sign at the Back of Each Ballot 6. Watchers Present their Credentials 6) Election Day: Pre-Casting

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4) Campaign: Paid Ads 1. Print: 1/4th page in broadsheet, in tabloid 3x a week 2. Television: 120 minutes (for national) and 60 minutes (for local) 3. Radio: 180 minutes (for national) and 90 minutes (for local) 5) Elections: Postponement Grounds: 1. Force majeure, 2. Violence, 3. Terrorism, 4. Loss or Destruction of Election Paraphernalia, and 5. Analogous Causes Extent: Serious and Impossible to have free and orderly elections Conditions: Grounds must exist before voting Authority: Comelec en banc (petition or motu propio) 5) Elections: Failure Grounds: 1. Force majeure, 2. Violence, 3. Terrorism, 4. Fraud, and 5. Analogous Causes Extent: Failure to elect and affect results of elections Conditions: 1. Election not held or suspended, 2. After voting,
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1. Polling Places are Opened 2. Election Paraphernalia and Book of Voters Presented and Examined in Public 3. BEI Chair Opens Ballot Box (turn upside down) 4. BEI Locks Ballot Box 5. BEI Chair and Poll Clerk Sign at the Back of Each Ballot 6. Watchers Present their Credentials

Election Law Review - Alberto C. Agra

6) Election Day: Casting 1. Voters Vote in Order of their Entrance 2. Voter Approaches BEI Chair 3. BEI Verifies Identity 4. BEI Chair Announces Name (Voter may be Challenged: Illegal Voter or 5. Illegal Acts) 6. Voter Signs in EDCVL 7. BEI Chair Enters Ballot Number in EDCVL 8. BEI Chair Signs at the Back of Ballot 9. BEI Chair Delivers 1 Ballot to Voter 10. Voter Proceeds to Voting Booth (If Voter spoils ballot, must be 11. surrendered and given another) 12. Voter Delivers Folded Ballot to BEI Chair 13. Voter Affixes Thumbmark in Coupon 14. BEI Chair Verifies Ballot Number 15. Voter Affixes Thumbmark in EDCVL 16. Chair applies indelible ink on right forefinger nail of voter 17. BEI Chair Signs EDCVL 18. BEI Chair Detaches Coupon and deposit Folded ballot in compartment for Valid Ballots and Coupon in Compartment for Spoiled Ballots 19. Voter Departs 6) Election Day: Counting 1. Counting in Public and Without Interruption 2. Ballot Box Opened and Ballots Counted 3. Excess Ballots Disposed of 4. Marked Ballots Ascertained and Not Counted 5. Ballots Unfolded, then Placed in Piles of 100, then Read Ballots of 1st 6. Pile 1-by-1, BEI Chair Affixes Thumbmark, Totals after Reading of each Pile During Counting,

Chairperson reads names, Poll Clerk Records on 7. Election Returns, 3rd Member Records on Tally Board 6) Election Day: Counting Counting in Public and Without Interruption Ballot Box Opened and Ballots Counted Excess Ballots Disposed of Marked Ballots Ascertained and Not Counted Ballots Unfolded, then Placed in Piles of 100, then Read Ballots of 1st Pile 1-by-1, BEI Chair Affixes Thumbmark, Totals after Reading of eachPile During Counting, Chairperson reads names, Poll Clerk Records on Election Returns, 3rd Member Records on Tally Board

Election Law Review - Alberto C. Agra

6) Election Day: Counting Rules on Appreciation Followed (Objections may be made) Valid Ballot Intent Rule 3 Ss: 1. Surname, 2. Sitting Official (Incumbent) and 3. Slate Distinguish Stray Vote and Invalid Ballot

Face of Election Returns (No evidence aliunde) Not violence, voting, voters, appreciation of ballots Two-Objection Rule: Verbal then Written (New rule: Written may be passed even without verbal) 7) Canvassing: Pre-Proc 1. ER/ CoC Delayed or Destroyed 2. Delayed (retrieval) 3. Lost or Destroyed (use other copies; with Comelec authority) 4. Material Defects Material Defects: 1. Name of Candidate Omitted, or 2. Votes of Candidate Omitted (BEI to correct or recount) Formal Defects: 1. Not Sealed with Inner Paper Seal, 2. No Outer Paper Seal/ Seal Broken, 3. # of Registered Voters Not Stated, 4. No Closing Signature by BEI, 5. Not Signed by Watchers 7) Canvassing: Pre-Proc ER/ CoC Falsified/ Spurious Grounds: 1. Not Signed by BEI, 2. Prepared by Non-BEI, 3. No Security Markings, 4. Prepared by BEI under Duress, or 5. Contain Erasures (affect integrity) Recourse: use other copies or recount

6) Election Day: Counting 1. Proclamation of Results (Alterations and Corrections can be made Before Announcement) 2. Sealing of Counted Ballots and Election Returns and Certification of Tally Sheet 3. Issuance of Certificate of Votes 4. Delivery of Ballot Boxes and Election Paraphernalia to Local Treasurer 5. 7 Copies of Election Returns Distributed 7) Canvassing: Concepts Collegial Body: Board of Canvassers Determination: 1. Due execution and 2. authenticity of ERs and CoCs Scope: 1. Canvassing, 2. Pre-Proclamation Controversies or 3. Manifest Errors, and 4. Proclamation 7) Canvassing: Pre-Proc Grounds Exclusive 1. BoC Composition/ Proceedings and 2. ER/ CoC No Pre-Proclamation Cases for National Positions (only Manifest Errors)
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Election Law Review - Alberto C. Agra

7) Canvassing: Manifest Errors Any Palpable Error 1. 2. 3. 4. Copies of ER tabulated more than 1x 2 Copies of ER tabulated separately Mistake in adding Mistake in copying of figures in statement of votes 5. ERs from non-existent precincts canvassed 8) Post-Proc: Election Protest Grounds: 1. Fraud and Irregularities in Casting, Counting and Canvassing Documents in Question: Ballots, ERs and CoCs Venue: P/VP; Senators; Representatives; Regional; Province; City; Municipality; Barangay Requirements: 1. Filed by candidate; Within period; 2. Protestee proclaimed; 3. Payment of filing fee; 4. Allegations of fraud; 5. Identify precincts; 6. Verified; 7. Certificate of non-forum shopping Procedure: 1. Revision; 2. Trial 3. If prosper: protestee removed, true winner proclaimed 8) Post-Proc: Quo Warranto Grounds: 1. Disloyalty to Republic; 2. Ineligibility Venue: Same as Election Protest If prosper: 1. Respondent ousted; 2. special elections or succession
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8) Post-Proc: Annulment Grounds: Proclamation based on irregular and illegal canvass Venue: Comelec division Effect: Proclamation annulled 8) Post-Proc: Election Offense Grounds: Violation of Election Code, Commission of Prohibited Acts Investigation: Law Department or Prosecutors Venue: Regional Trial Court Effect: Disqualification, Fine/ Imprisonment