2013

January 2015 Cases

Reviewer on
Elec-on Law
Alberto C. Agra
Ateneo Law School

May 1, 2015
Election Laws, Alberto C. Agra

Elec-on Laws
1. 1987 Cons5tu5on
2. Omnibus Elec5on Code (B.P. Blg. 881)
3. Automated Elec5on Law (R.A. No. 9369 amending
R.A. No. 8436)
4. Synchronized Elec5ons Act (R.A. No. 7166)
5. 1991 Local Government Code (R.A. No. 7160)
6. Fair Elec5on Act (R.A. No. 9006)
7. Voters Registra5on Act of 1996 (R.A. No. 8189)
Election Laws, Alberto C. Agra

Topics for Discussion

) Commission on
1
6) Postponement and
Elec5ons
Failure of Elec5ons
2) Voters and Voter
7) Automated Elec5ons
Registra5on
8) Pre-Proclama5on
3) Elec5ve Ocials Cases
and Candidates
9) Post-Proclama5on
4) Campaign
Cases
5) Contribu5ons and
Expenditures
Election Laws, Alberto C. Agra

1) Commission on Elec-ons
Independent 7-Person Cons-tu-onal Body (administra5ve agency, public oce)
En Banc Quorum: always 4 members
A special division allowed if members occupy posi5on in temporary capacity or via
subs5tu5on
Plenary authority to decide all ques5ons aec5ng elec5ons except the ques5on as to the
right to vote
Enjoys scal autonomy; mandate to fund elec5ons includes regular and special elec5ons;
can augment GAA items from savings; Shoulder all recall-related expenses
Wide discre5on in adop5ng means to carry out its mandate of ensuring HOPE (not be
straitjacketed by procedural rules)
Sebng date of plebiscite
But cannot regulate speech (content) of non-candidates/ non-members of poli5cal
par5es
Election Laws, Alberto C. Agra

1) Commission on Elec-ons
E nforcement Power: All elec5on laws (persons and
policies)
J udicial Power: Qualica5ons and Elec5on Contests
(excludes Surage)
J urisdic-on: Original (Regional, Provincial and City); and
Appellate (Municipal, Barangay and Sangguniang Kabataan)
L oses jurisdic5on to HRET when [valid] proclama5on,
oath and assump5on of oce
emedies: En Banc (MR, administra5ve) and Division (1st
R
instance, judicial); SC only nal decisions, not interlocutory
Election Laws, Alberto C. Agra

1) Commission on Elec-ons
rocess: Division - MR to En Banc (not SC since there is plain, adequate and
P
speed remedy) - Cer5orari to SC
arty which is s5ll in process of incorpora5on is not a juridical person and
P
thus no locus standi to ques5on a Comelec Resolu5on; Broadcast
companies have standing in assailing Comelec Resolu5on on air5me
J udicial: Disqualica5on, Elec5on Protest, Quo Warranto, Pre-Proclama5on,
Annulment of Proclama5on, Intra- and inter-party; cancella5on of a cer5cate
of candidacy; leadership (not expulsion of member)
dministra-ve: Failure of Elec5ons, Postponement of Elec5ons, Elec5on
A
Oense, Annulment of Book of Voters; cancella5on of cer5cate of candidacy
based on nal judgment on convic5on with ancillary penalty of DQ
Contempt: Judicial (not Administra5ve)

Election Laws, Alberto C. Agra

2) Voters: Concepts
What? Surage is a Right (not an obliga5on)
ho? Qualica5ons dened in Cons5tu5on;
W
Disqualica5ons dened in Statute; Allow
Absentee Vo5ng, Dual Ci5zens, Disabled and
Illiterates to Vote
ow? Procedural Requirements allowed to be
H
imposed, Substan5ve not allowed

Election Laws, Alberto C. Agra

2) Voters: Qualica-ons
Filipino Ci-zen
At least 18 years of age on elec5on day
esident in Philippines for at least 1 year prior to
R
elec5on day (domicile; permanent residency)
esided in place wherein propose to vote for at least
R
6 months prior to elec5on day (permanent or
temporary)
Free from Disqualica5ons
In order to vote, must be a registered voter
Election Laws, Alberto C. Agra

2) Voters: Disqualica-ons
S entenced by nal judgment imprisonment of
1 year or more
S entenced to suer accessory penalty poli5cal
rights
djudged by nal judgment crime involving
A
disloyalty
Court-declared insane and incompetent persons
Election Laws, Alberto C. Agra

2) Voters: Registra-on
Nature: Con5nuing
Lis-ng: Computerized List at all Levels
Number: 200 Voter-Precinct (unless clustered)
hanges: Permanent but subject to changes (+ or
C
-): New Voters; Transfer; Deac5va5on and
Ac5va5on; Cancella5on; Inclusion and Exclusion;
and Annulment of Book of Voters
Election Laws, Alberto C. Agra

10

2) Voters: Deac-va-on
Disqualied to Vote
Failed to Vote in 2 preceding elec5ons
Registra5on Excluded by the Court
Lose Filipino Ci5zenship

Election Laws, Alberto C. Agra

11

2) Voters: Opposi-on
What? Applica5ons not yet resolved
Where Oppose? Elec5on Registra5on Board
ho may Oppose? Voter, Candidate or Poli5cal
W
Party
When? Specied Period
How Oppose? File Wripen Opposi5on/ Challenge
Why Oppose? Not Qualied, Fic55ous
Appearance? Mandatory if applica5on opposed
Election Laws, Alberto C. Agra

12

2) Voters:
Inclusion/ Exclusion
What? Applica5ons already acted upon
here File? MTC (not Comelec), then RTC (not
W
Comelec), then SC (ques5on of law)
rounds? Disapproval or Name Stricken Out
G
(Inclusion); Not Qualied or Voter Not Real
(Exclusion)
When? Specied Period
Election Laws, Alberto C. Agra

13

2) Voters:
Annulment of Book of Voters
Annul What? Book of Voters per precinct
Where File? Comelec
hen Filed? Normally, aqer period to le
W
inclusion/ exclusion lapses
Who Files? Any Voter, EO or Party
hat Grounds? (1) Book Prepared Improperly,
W
Prepara5on Apended with Vice or Fraud, and (2)
Book contains Sta5s5cally Improbable Data (not
qualica5on of voters)
Election Laws, Alberto C. Agra

14

2) Voters: Elec-on Day

Illegal Voter
ot registered; Use another name; Disqualied;
N
Mul5ple Registrant (allowed to vote if properly
iden:ed)
Illegal Act
ote-Buying; Vote-Selling; Vote-Bebng: Promise to
V
induce or withhold vote (allowed to vote if take
oath)
Election Laws, Alberto C. Agra

15

3) Ocials: Elec-ve
Na-onal Oce
resident; Vice-President; Senators (24; 1/2);
P
Representa5ves (District and Party-List)
Local Oce
L CE: Regional Governor, Provincial Governor, City
or Municipal Mayor and Punong Barangay; VLCE:
Vice-Governor and Vice-Mayor; Sanggunian
Members
Election Laws, Alberto C. Agra

16

3) Ocials: Party-List
Mul5-Par5sm/ Party Loyalty/ Social Jus5ce
types of groups: na5onal, regional (need not be sectoral) or sectoral (principal
3
advocacy; not exclusive list, includes LGBT; no need to show track record) par5es
or organiza5ons; poli5cal par5es can provided not eld candidates for district
representa5ves or through sectoral wing in a coali5on
Exclusive to Marginalized/ Nominees Organic or Synthe5c and members of party
Qualica5ons possessed 5me of appointment and tenure
Only in House (20% of Total): # of LD/ 0.8 x 0.2
2% Threshold (and un5l lled up; even if not obtain 2%); 3-Seat Maximum
rocess: Registra5on and Accredita5on; Delis5ng/ Cancella5on: imputable to party
P
(e.g. not submit 5 nominees); party-list group dis5nct from nominees
Election Laws, Alberto C. Agra

17

3) Ocials: Candidate
eni-on: Seeks public oce and les cer5cate of candidacy and
D
campaign period has started (but cannot campaign before campaign
period)
Nicknames must dieren5ate one candidate from another person
inisterial Duty: If led in due form, ministerial duty to receive COC;
M
Comelec may look into patent defects (appearing on the face) of CoCs
E ect of Non-Filing: Not a candidate (not liable for unlawful acts and
omissions before becoming a candidate; before start of campaign
period)
E ect of Filing: On Tenure of Incumbents (elec5ve remain in oce;
appoin5ve ipso facto resigned)
Election Laws, Alberto C. Agra

18

3) Ocials: Subs-tu-on
rounds: (1) Death, (2) Withdrawal, and (3)
G
Disqualica5on (not allowed if violate term limit; not
meet residency requirement; CoC denied due course
or cancelled nuisance and material
misrepresenta5on); if invalid subs5tu5on not
considered a candidate
Who? Subs5tute must be Qualied
When? Up to mid-day of elec5on day
Subs-tute? Qualied and Same Party
L imita-ons: Subs5tuted can no longer run for any
other posi5on; Withdrawal not aect liabili5es
Election Laws, Alberto C. Agra

19

3) Ocials: Qualica-ons
Lis-ng: Set by the Cons5tu5on (na5onal) and statutes (local)
Ci5zenship
DQ: aqer renuncia5on, used foreign passport 4x
Age
Residency
Registered Voter
Literacy
Free from Disqualica5ons
[Undertake Drug Test under CDDA OF 2002, uncons5tu5onal]

Procedure: Electoral aspect of DQ (administra5ve proceeding): summary
Election Laws, Alberto C. Agra

20

3) Ocials: Disqualica-ons
Lack qualica5ons/ possess some disqualica5ons
Violate Term Rule (1-2-3 terms)
Violated when provincial board member elected to 4th term for renamed district; not
violated when assume aqer winning elec5on protest
Commission of an elec5on oense
Nuisance Candidate
Sentenced by Final Judgment (accessory penalty)
Restora5on of civil and poli5cal in the disposi5ve por5on of the presiden5al pardon
amounts to express restora5on of right to hold public oce
Revised Penal Code more specic than 1991 LGC
Cancella5on of cer5cate of candidacy based on nal judgment on convic5on with
ancillary penalty of DQ (administra5ve)
Willfully Commits Material Misrepresenta5on
No valid, 5mely and properly led cer5cate of candidacy
Grounds under the 1991 LGC, for local elec5ve ocials

21

3) Ocials: Disqualica-ons
Lack of Qualica-ons
Grounds? Cons5tu5on or Statutes
ot meet residency requirement and disqualied never a
n
candidate, de facto ocer, highest placer (2nd placer) assumes,
succession does not operate

Where File? Comelec Division

When File? Before Proclama5on
rocess? Summary, Due Process, requires a complaint/
P
pe55on; not motu propio unless there is nal judgment
If Not File? Quo Warranto
Election Laws, Alberto C. Agra

22

3) Ocials: Disqualica-ons
Commission of Elec-on Oense
hat Oenses? Vote-Buying, Terrorism, Unlawful
W
Expenditures, Unlawful Campaign, Coercion of
Subordinates, Threats, Prohibi5on against Release of
Public Funds (other elec5on oenses le EO case RTC
hears)
If penalized in laws other than OEC, Sec5on 68 not proper

Where File? Comelec Division

When File? Before Proclama5on
If Not File? Elec5on Protest; Elec5on Oense
Election Laws, Alberto C. Agra

23

3) Ocials: Disqualica-ons
Nuisance Candidate
ho Is? Campaign Capability, Inten5on, Performance,
W
Exposure, Plauorm, Party Alia5on, Organiza5on,
Profession, Income, Health, Educa5on, Name
Where File? Comelec Division
hen File? Within 5 days from Last Day Filing of
W
Cer5cate of Candidacy
If Not File? No remedy
Election Laws, Alberto C. Agra

24

3) Ocials: Disqualica-ons
Misrepresenta-on
hat? Misrepresenta5on must be Material (pertains to
W
Qualica5ons and Disqualica5ons; not surname, profession,
poli5cal party) and Willful/ Deliberate; Even if there is
misrepresenta5on, if actually qualied, not disqualied
Ground: non-residency
Not ground: Use of nicknames; profession (accountant)

Where File? Comelec Division

When File? 25 days from Filing of CoC
If Not File? No remedy
Election Laws, Alberto C. Agra

25

4) Campaign: Concept
eni-on: Act designed to promote the elec5on
D
or defeat of a candidate
pera-ve Act: Intent/ Design material (not all
O
acts of benecence are considered campaigning)
and Period (start of campaign)
Applica-on: All Candidates for All Elec5ve Oces
Framework: Regulated but Liberalized
Election Laws, Alberto C. Agra

26

4) Campaign: Allowable Forms

Forming Organiza5ons
Holding Rallies
Making Speeches
Distribu5ng Campaign Materials
Solici5ng Votes
Publishing Adver5sements
Election Laws, Alberto C. Agra

27

4) Campaign: Propaganda
Paid Poli5cal Adver5sements
Free Space and Air5me
Use of Gadgets and Billboards
Private Poster Areas
Pos5ng in Private Places

Election Laws, Alberto C. Agra

28

4) Campaign: Forms
Printed Materials (8.5W x 14L)
Lepers
Posters (2x 3) in Poster Areas (12x 16)
Rally Streamers (3x 8)

Election Laws, Alberto C. Agra

29

4) Campaign: Paid Ads

Print: 1/4th page in broadsheet; in tabloid 3x a week
T elevision: 120 minutes (for na5onal); 60 minutes (for
local)
Radio: 180 minutes (for na5onal); 90 minutes (for local)
Per sta5on, not overall
OMELEC may properly take and act on the adver5sing
C
contracts without further proof
epor5ng requirement for broadcast companies does not
R
cons5tute prior restraint
Election Laws, Alberto C. Agra

30

4) Campaign: Unlawful Acts

Foreign Interven5on
Removal or Destruc5on of Lawful Propaganda
Materials not Disclose Payor
Exceed Limits (Time and Space)
Transporta5on, Foods and Drinks During Rallies
Movie or Video on or by Candidate
Election Laws, Alberto C. Agra

31

5) Prohibited Contribu-ons
Financing Ins5tu5ons
Public U5lity Operator
Natural Resources Explorer
Government Contractors
Franchise Holders
Donee Ins5tu5on from Government
Educa5onal Ins5tu5ons
Foreigners/ Foreign Corpora5ons
Election Laws, Alberto C. Agra

32

5) Other Prohibited Acts

Not reveal true name of contributor
Not report all contribu5ons
Exceed Limits (P10, P5, P3)
Includes donated and contributed funds

Not le Statement
Expenditures made by non-authorized persons
Election Laws, Alberto C. Agra

33

5) Lawful Expenditures
Use of Facili5es

Adver5sements

Travel

Mee5ngs/ Rallies

Compensa5on

Counsel*

Communica5ons

opying of List of
C
Voters*

Wripen Materials

Sample Ballots*

Pollwatchers
Oce/ HQ

Volunteers*
(* - not included in cap)
Election Laws, Alberto C. Agra

34

6) Postponement of Elec-ons
rounds: (1) Force majeure, (2) Violence, (3)
G
Terrorism, (4) Loss or Destruc5on of Elec5on
Paraphernalia, and (5) Analogous Causes
E xtent: Serious and Impossible to have free and
orderly elec5ons
Condi-ons: Grounds must exist before vo5ng
uthority: Comelec en banc (pe55on or motu
A
propio); not BEI or elec5on ocers
Result: Special Elec5ons
Election Laws, Alberto C. Agra

35

6) Failure of Elec-ons
rounds: (1) Force majeure, (2) Violence, (3) Terrorism, (4)
G
Fraud, and (5) Analogous Causes
Extent: Failure to elect and aect results of elec5ons
E xamples: Failure - transfer of venue of coun5ng without
no5ce, ballots replaced/ burned; No Failure vo5ng
resumes aqer sporadic violence/ gun re, fake ballots,
landslide results, vote-buying, destruc5on of copies of ERs
ondi-ons: Elec5on not held or suspended, Aqer vo5ng,
C
During prepara5ons or transmission of elec5on returns,
Canvassing
Authority: Comelec en banc (pe55on)
Result: Special Elec5ons
Election Laws, Alberto C. Agra

36

7) Automated Elec-ons
S tatutory Bases: RA 9369 amending RA
8436
utomated Elec-on System: vo5ng,
A
coun5ng, consolida5ng, canvassing, and
transmission (not proclama5on)
aper-Based or Direct Recording Elec-on
P
System: Ballots, Elec5on Returns, Cer5cate
of Canvass, Statement of Votes
Comelec Discre-on: AES or AESs, Paper-
Based or Direct Recording
Election Laws, Alberto C. Agra

37

7) Automated Elec-ons
F eatures: Use of Ballots, Stand-alone machine,
with Audit Trails, Minimum Human Interven5on
and Security Measures
icture images of ballots func5onal equivalent of
P
ballots

o-ng Procedure (before Board of Elec5ons

V
Inspectors):
1.Voter gets ballots from BEI
2.Voter lls up ballot in vo5ng booth (spoil only 1x)
3.Voter axes thumbmark on vo5ng record
4.BEI applies indelible ink
5.Voter drops ballot in ballot box
Election Laws, Alberto C. Agra

38

7) Precinct-Count Op-cal Scan

Election Laws, Alberto C. Agra

39

7) Automated Elec-ons
rocesses: Cas5ng, Coun5ng and
P
Transmission at Precinct Level
recinct-Level Result: Prin5ng of Elec5ons
P
Returns (30 copies) then Electronic
Transmission to Board of Canvassers; Results
loaded in Data Storage Devices
anvassing at BoC: Consolida5on of Results
C
in Data Storage Devices then Electronic
Transmission to Comelec (Senate and Party-
List) and Congress (President and Vice-
President) and Proclama5on
Election Laws, Alberto C. Agra

40

Congress

COMELEC

Transmission
and Canvass

National Board
of Canvassers

COMELEC CENTRAL
SERVER

Prov. Canvass Report

Provincial Board
of Canvassers

INTERNET
Mun./City Canvass Report

Municipal/City
Board of
Canvassers
Election Returns
Precinct

Election
Watch
Groups

8) Pre-Proclama-on Cases
Aspects: BoC-related and Results-related
llowed: Objec5ons pertaining to Proceedings and
A
Composi5on of BoC; Pollwatchers-related; Data-Storage
Delayed, Destroyed, Falsied (before canvass)
Not Allowed:
1. Material Defects, Manifest Errors, Omission,
Discrepancy
2. Rules of Apprecia5on; Violence; Vo5ng Procedure;
Eligibility of Voters (whether manual or AES)
Election Laws, Alberto C. Agra

42

9) Post-Proclama-on:
Elec-on Protests
rounds: Fraud and Irregulari5es in Cas5ng, Coun5ng and
G
Canvassing
ocuments in Ques-on/ Evidence: Ballots, ERs, CoCs and
D
Data-Storage Devices
enue: P/VP (PET); Senators (SET); Representa5ves (HRET);
V
Regional; Province; City (Comelec Division); Municipality (RTC);
Barangay (MTC)
equirements: Filed by candidate; Within period; Protestee
R
proclaimed; Payment of ling fee; Allega5ons of fraud; Iden5fy
precincts; Veried; Cer5cate of non-forum shopping
rocedure: Revision; Trial; Technical examina5on op5onal
P
even if not in rules; picture images of ballots used for revision
If prosper: protestee removed, true winner proclaimed
Election Laws, Alberto C. Agra

43

9) Post-Proclama-on:
Quo Warranto
Grounds: Disloyalty to Republic; Ineligibility
Venue: Same as Elec5on Protest
I f prosper: Respondent ousted; special elec5ons
or succession

Election Laws, Alberto C. Agra

44

9) Post-Proclama-on:
Annulment of Proclama-on
rounds: Proclama5on based on irregular and
G
illegal canvass
Period to File: 10 days from proclama5on
Venue: Comelec Division
Eect: Proclama5on annulled

Election Laws, Alberto C. Agra

45

THANK YOU. GOOD LUCK.

Election Laws, Alberto C. Agra

46