POLITICAL LAW REVIEW Election Law Session 1 Election Embodiment of the popular will, the expression of the sovereign

power of the people. Election is the means by which the people choose their officials for definite periods and to whom they entrust, for the time being as their representatives, the exercise of powers of government. It involves the choice of candidates to public office by popular vote. Theory of Popular Sovereignty Art. II, Sec. 1 1987 Constitution: The Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them. A democratic and republican government derives all its powers, directly or indirectly, from the people at large. Its essence is indirect rule. Actual sovereignty is exercised by the people by means of suffrage. Suffrage Suffrage is the right and obligation of qualified citizens to vote: (1) in the election of certain national and local officials, and (2) in the decision of public questions submitted to the people. It is a political right which enables every citizen to participate in the process of government to assure that it derives it powers from the consent of the governed. It operates on the principle of "one man (or one woman), one vote." Suffrage is not a natural right but a privilege which may be given or withheld by the lawmaking power subject to constitutional limitations. It is not necessarily an accompaniment of citizenship; it is granted only upon the fulfillment of certain minimum conditions Scope of Suffrage It encompasses: 1.) Election; 2.) Plebiscite;

3.) Referendum 4.) Recall

Types of Election a. Regular election refers to an election participated in by those who possess the right of suffrage and not disqualified by law and who are registered voters b. Special election 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, asprovided by law (ex. To fill in vacancy in office before the expiration of the term for which incumbent was elected) Plebiscite Plebiscite is the submission of constitutional amendments or important legislative measures to the people for ratification. Referendum Referendum is the power of the electorate to approve or reject legislation through an election called for the purpose. (Sec. 2c, R.A. 6735) It may be of 2 classes, namely: (a)Referendum on statutes, which refers to a petition to approve or reject an act or law, or part thereof, passed by Congress; and (b)Referendum on local law which refers to a petition to approve or reject a law, resolution or ordinance enacted by regional assemblies and local legislative bodies Initiative Initiative is the power of the people to propose amendments to the Constitution or to propose and enact legislation through an election called for the purpose. (Sec. 2A, R.A. 6735) There are 3 systems of initiative, namely: (a)Initiative on the Constitution which refers to a petition proposing amendments to the Constitution to a petition proposing to enact a national legislation; (b)Initiative on statutes, which refers to a petition proposing to enact a national legislation; (c)Initiative on local legislation which refers to a petition proposing to enact a regional, provincial, city, municipal or barangay law, resolution or ordinance Note that in the case of Santiago v. COMELEC, the Supreme Court held that there is no law yet that is sufficient enough for proposing amendments to the Constitution. R.A. 6735 was deemed sufficient for statutory amendments but not Constitutional amendments. Recall
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Recall is the termination of official relationship of a local elective official for loss of confidence prior to the expiration of his term through the will of the electorate. Who can exercise the right of suffrage? Under Art. V, Sec. 1 of the 1987 Constitution, the right of suffrage may be exercised by all citizens of the Philippines who are: (1)not otherwise disqualified by law, (2)at least 18 years of age, and (3)have resided in the Philippines for at least 1 year, and in the place wherein they propose to vote for at least 6 months immediately preceding the election. The same provision provides that no literacy, property or other substantive requirement shall be imposed on the exercise of suffrage, and that Congress may not add or alter the qualifications of voters under Art. V, Sec. 1 of the 1987 Constitution. This specification is an implied prohibition against interference on the part of Congress in the right of suffrage. Residence Qualification For the purposes of election law, residence is synonymous with domicile. Art. 50 of the Civil Code provides that for the existence of civil rights and the fulfillment of civil obligations, the domicile of natural persons is the place of their habitual residence. Domicile includes the twin elements of the fact of residing or physical presence in a fixed place and animus manendi , or the intention of returning there permanently. (Romualdez-Marcos v. COMELEC) Every person is deemed to have his domicile somewhere, and when it has been acquired, it will be deemed to continue until a new one has been acquired. Temporary absences although frequent or long continued, will not, while the person has a continuous intention to return, deprive him of his domicile and right to vote. Any person who temporarily resides in another city, municipality or country solely by reason of his occupation, profession, employment in private or public service, educational activities, work in the military or naval reservations within the Philippines, service in the AFP, the PNP, or confinement or detention in government institutions in accordance with law, shall not be deemed to have lost his original residence. (Sec. 9, R.A. 8189) It is not necessary that a person should have a house in order to establish his residence or domicile in a municipality. It is enough that he should live there, provided that his stay is accompanied by his intention to reside therein permanently. Literacy requirements The Constitution imposes no literacy requirements; hence illiterates have the right to vote. Formal education Formal education is no guarantee for good citizenship or intelligent voting. Property requirements Neither does the Constitution impose any property requirement since property ownership is not a test of individual capacity . A property requirement is not only inconsistent with the concept of a republican government, but with the social justice principle of equal opportunity as well. Sex There is no adequate or justifiable basis for depriving women of equal voting rights. Taxpaying Ability This is related to property requirement. Romualdez-Marcos v. COMELEC (248 SCRA 300) It is the fact of residence, not a statement in the certificate of candidacy which ought to be decisive in determining whether or not an individual has satisfied the Constitutions residency qualification requirement. To successfully effect a change of domicile, one must demonstrate: (1) an actual removal or an actual change of domicile; (2) a bona fide intention of abandoning the former place of residence and establishing a new one; and, (3) acts which correspond with the purpose. Aquino v. COMELEC (248 SCRA 400)
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The place where a party actually or constructively has his permanent home, where he, no matter where he may be found at nay given time, eventually intends to return and remain, i.e., his domicile, is that to which the Constitution refers when it speaks of residence for the purpose of election law. The purpose is to exclude strangers or newcomers unfamiliar with the conditions and needs of the community from taking advantage of favorable circumstances existing in that community for electoral gain. DISQUALIFICATIONS (1)Persons sentenced by final judgment to suffer imprisonment for not less than one (1) year. (Note: he / she shall automatically re-acquire the right to vote upon the expiration of 5 years after the service of sentence.) (2)Persons adjudged by final judgment of having committed any crime involving disloyalty to the duly constituted government (e.g. rebellion, sedition, violation of the firearms law) or any crime against national security. (Note: he / she shall automatically re-acquire the right to vote upon the expiration of 5 years after the service of sentence.) (3)Insane or incompetent persons as declared by competent authority. THE COMMISSION ON ELECTIONS Purpose The purpose of the COMELEC is to protect the sanctity of the ballot and to ensure the free and honest expression of the popular will. To achieve this, the COMELEC was created as an independent administrative tribunal, co-equal with the other departments with respect to the powers vested in it, and not under any of the branches of Government. The intention is to place it outside the influence of political parties and the control of the legislative, executive, and judicial organs of the government. To preserve the independence of the COMELEC, appointments or designations in temporary or acting capacities are not allowed. Composition - 1 chairman - 6 commissioners Qualifications: Natural born citizens At least 35 years old Holders of a college degree Must not have been candidates for any elective position in the immediately preceding elections Majority of the members, including the chairman, should be members of the Bar who have been engaged in the practice of law for at least 10 years. The chairman and the commissioners are to be appointed by the President with the consent of the Commission on Appointments. The Commissioners serve for 7 years without reappointment, under staggered terms of 2 years interval: of 3 commissioners first appointed, 3 shall hold office for 7 years, 2 for 5 years, and the rest for 3 years. The staggering of terms makes the COMELEC a continuing and self-perpetuating body, and consequently its members would have the benefit of the experience and expertise of the older members in the performance of its functions. The COMELEC Commissioners are subject to the same disabilities imposed on the President and the Vice-President, including the prohibition against holding any other office or engaging in any other profession or business. Powers and Functions: (1)Enforcement and administration of election laws and regulations (Art. IX-C, Sec. 2 (1), 1987 Constitution) (2)Quasi-judicial powers (3)Decide all questions affecting Elections (4)Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government for the exclusive purpose of ensuring free, orderly, honest, peaceful and credible elections (Art. IXC, Sec. 2(4), 1987 Constitution) (5)Register political parties, etc. (Art. IX-C, Sec. 2 (5), 1987 Constitution) (6)Accredit citizens' arms (Art. IX-C, Sec. 2 (5), 1987 Constitution) (7)Investigation and prosecution of cases of violation of election laws (Art. IX-C, Sec. 2 (5), 1987 Constitution)
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(8)Filing of petitions in court for inclusion or exclusion of voters (Art. IX-C, Sec. 2 (6), 1987 Constitution) (9)Recommendatory (10) Supervision / Regulation, for the duration of the election period, of use of all franchises or permits for operation of: transportation and other public utilities; media of communication or information; all grants, special privileges, or concessions granted by the Government or any instrumentality thereof (Art. IX-C, Sec. 4, 1987 Constitution) (1)Enforcement and administration of election laws and regulations (Art. IX-C, Sec. 2 (1), Constitution) Promulgation of rules and regulations (Art. IX-C, Sec. 6; BP 881, Sec. 52b) Fixing of election period (which shall commence 90 days before the election and end 30 days thereafter, unless otherwise fixed by the COMELEC in special cases; Art. IX-C, Sec. 6, 1987 Constitution) Fixing of other reasonable periods for certain pre-election requirements (BP 881, Sec. 52m) Declaration of failure or postponement of elections, as well as call for special elections (Sec. 4, RA 7166) Promulgation of rules and regulations (Art. IX-C, Sec. 6; BP 881, Sec. 52b) Fixing of election period (which shall commence 90 days before the election and end 30 days thereafter, unless otherwise fixed by the COMELEC in special cases; Art. IX-C, Sec. 6, 1987 Constitution) Fixing of other reasonable periods for certain pre-election requirements (BP 881, Sec. 52m) Declaration of failure or postponement of elections, as well as call for special elections (Sec. 4, RA 7166) Prescribe forms, as well as use or adoption of latest technological and electronic devices (BP 881, Sec. 52) Annulment or cancellation of illegal registry lists of voters and ordering the preparation of a new one; Cancellation of the canvass of election returns and annulment of a proclamation based on incomplete results. (Note, however, that the COMELEC does not have the power to annul an election which may not have been free, orderly, and honest as such power is merely preventive and not curative.) (2)Quasi-judicial powers The COMELEC has exclusive original jurisdiction over all contests relating to the election, returns and qualifications of all elective, regional, provincial and city officials. The COMELEC has exclusive appellate jurisdiction over all contests involving municipal officials decided by the RTC, or involving elective barangay officials decided by the MTC. In these cases, the decisions therein shall be final, executory and unappealable. (Art. IX-C, Sec. 2 (2), 1987 Constitution) Pursuant to its quasi-judicial powers, the COMELEC has the power: To issue subpoena; To take testimony; Of contempt (Note, however, that the COMELEC's power to punish for contempt may be exercised ONLY in the exercise of its quasi-judicial functions. The COMELEC has no power to hold a person in contempt in the exercise of its administrative functions (e.g. reporter criticizes a contract with COMELEC for supplies, or a person fails to follow the procedure for the distribution of ballot boxes). To issue warrants of arrest; Of certiorari, prohibition and mandamus (Note: but only in exercise of its appellate jurisdiction; Relampagos v. Cumba, ) Rendition of Decision The COMELEC may sit en banc or in 2 divisions. As a general rule, election cases shall be heard and decided in division. Decisions that must be rendered by the COMELEC en banc include: Decisions on motions for reconsideration (Art. IX-C, Sec. 3, 1987 Constitution); Petitions for correction of manifest errors in the Statement of Votes (Sec. 5, Rule 27 of the 1993 Rules of the COMELEC); Questions pertaining to proceedings of the Board of Canvassers (Mastura v. COMELEC, 285 SCRA 493) Postponement of election (Sec. 4, R.A. 7166) Declaration of failure of election (Sec. 4, R.A. 7166) Calling of special elections (Sec. 4, R.A. 7166) Time Period and Votes Required The COMELEC shall decide by a majority vote of all its members any case or matter brought before it within 60 days from the date of its submission for decision or resolution. (Art. IX-A, Sec. 7 1987 Constitution) Judicial Review Unless otherwise provided by the Constitution or by law, any decision, order or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within 30 days from receipt of a copy thereof. (Art. IXA, Sec. 7, 1987 Constitution) What is contemplated in this provision are decisions, orders or resolutions rendered by the COMELEC in the exercise of its adjudicatory or quasi-judicial powers not those which are mere incidents of its inherent administrative functions over the conduct of elections. Questions arising from the latter may be taken in an ordinary civil action before the RTC. By
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certiorari, a party raises questions of law in the Supreme Court. Findings of fact made by the COMELEC are conclusive upon the Supreme Court. The Supreme Court has no power of supervision over the COMELEC except to review its decisions on petitions by certiorari. The certiorari jurisdiction of the Supreme Court is confined to instances of grave abuse of discretion amounting to patent and substantial denial of due process committed by it in the exercise of its quasi-judicial powers. (3)Decide all questions affecting Elections The power of the COMELEC to decide all questions affecting elections pertains to the following: (1) determination of the number and location of polling places (2) appointment of election officials and inspectors (3) registration of voters However, the COMELEC has NO jurisdiction over questions involving the right to vote (i.e. disqualifications of voters, right of a person to be registered, etc.), as these rest within the exclusive original jurisdiction of the MTC, appealable to the RTC. (4)Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government for the exclusive purpose of ensuring free, orderly, honest, peaceful and credible elections (Art. IXC, Sec. 2(4), 1987 Constitution) CMT cadets 18 yrs. of age and above may be authorized to act as the COMELEC's deputies for the purpose of enforcing its orders (Sec. 52a, BP 881) The COMELEC may deputize any member or members of the AFP, NBI, PNP or any similar agency or instrumentality of the government (except civilian home defense forces) during the period of the campaign and ending 30 days thereafter, when in any area of the country there are persons committing acts of terrorism to influence people to vote for or against any candidate or political party. (Sec. 52b, BP 881) (5)Register political parties, etc. (Art. IX-C, Sec. 2 (5), 1987 Constitution) (6)Accredit citizens' arms (Art. IX-C, Sec. 2 (5), 1987 Constitution) (7)Investigation and prosecution of cases of violation of election laws (Art. IX-C, Sec. 2 (5), 1987 Constitution) The COMELEC has the power of a public prosecutor with the exclusive authority to conduct the preliminary investigation and the prosecution of election offenses punishable under the election law. The power may be exercised upon complaint or motu propio. The Ombudsman has NO jurisdiction to prosecute election offenses. He may do so only if he is deputized by the COMELEC. (8)Filing of petitions in court for inclusion or exclusion of voters (Art. IX-C, Sec. 2 (6), 1987 Constitution) (9)Recommendatory (a)to Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidates. (Art. IX-C, Sec. 2 (7),1987 Constitution) (b)to the President for removal of any officer or employee it has deputized (Sec. 52a, BP 881); for imposition of disciplinary action for violation or disregard of, or disobedience to its directive, order, or decision (Art. IX-C, Sec. 2 (8), 1987 Constitution); for pardon, amnesty, parole, suspension of sentence for violation of election laws, rules and regulations (Art. IX-C, Sec. 5 1987 Constitution; This is to prevent the possibility of the President granting executive clemency for political reasons.) 10) Supervision / Regulation, for the duration of the election period, of use of all franchises or permits for operation of: transportation and other public utilities; media of communication or information; all grants, special privileges, or concessions granted by the Government or any instrumentality thereof (Art. IX-C, Sec. 4, 1987 Constitution) The purpose of supervision and regulation is to guarantee or ensure equal opportunity for public service and the equitable right to reply, for public information campaigns and for a among candidates, and assure free, orderly, honest, peaceful and credible elections. (Sec. 2, R.A. 9006) No franchise or permit to operate a radio or television station shall be granted or issued, suspended or cancelled during the election period. (Sec. 6.4, R.A. 9006) COMELEC is mandated under Sec. 7 of R.A. 9006 to exercise affirmative action in procuring print space upon payment of just compensation from at least 3 national circulation, and free airtime from at least 3 national TV networks and 3 national radio networks, all of which are to be allocated free of charge equally and impartially among all the candidates for national office on 3 different calendar days.

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