1

CHAPTER 1
ELECTION a) The means
b) by which the people process/system
c) choose their ocials the true sovereign
d) for a denite and selec?on
xed period term of oce
e) and to whom they entrust for the ?me
being as their representa?ves people
dont rule themselves; feature of
republicanism
f) the exercise of the power of government
legisla?ve; execu?ve

President 6 years; no re-elec?on

Vice-President 6 years; with re-elec?on
Senator 6 years; 2 terms
Congressmen 3 years; 3 terms

SUFFRAGE a) Right to vote

b) in the elec?on of ocers chosen by the
people general/special
c) in the determina?on of all ques?ons
submiMed to the people

ELECTION VS SUFFRAGE ????

SCOPE OF SUFFRAGE
ELECTION Expression of the sovereign will of the people
involving the choice or selec?on of candidates to
public oce by popular vote.

PLEBISCITE Elec?on at which any proposed amendment to or

revision of the cons?tu?on is submiMed to the
people for their ra?ca?on.

REFERENDUM Submission of a law passed by the na?onal or

local legisla?ve body to the registered voters at an
elec?on called for that purpose for their
ra?ca?on.

INITIATIVE Process whereby the registered voters directly

propose, enact, or amend laws (na?onal or local)
through an elec?on called for the purpose.

LIEZL2015/NOTES
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RECALL Method by which a public ocer may be removed

from oce during his tenure or before the
expira?on of his term by a vote of the people a[er
registra?on of a pe??on signed by a required
percentage of qualied voters.

2 KINDS OF ELECTION
1) GENERAL One provide by law for the elec?on of ocers
throughout the state or certain subdivision a[er
the expira?on of the full term of the former
ocers.

General Elec?ons May 9, 2016

2) SPECIAL - One provided for by law under special

circumstances such as when an elec?on is held to
ll a vacancy in oce; death, resigna?on,
permanent disability

- when certain proposals are submiMed to the

vote of electors (referendum or plebiscite)

RA 7166 (Nov. 1999) vacancy in the house of

representa?ves special elec?on = not earlier than
60 days not later than 90 days from occurrence of
vacancy

*We adopt Australian system in the Philippines - the secrecy of ballots (Sec. 2, Art. 5, 1987 Cons?)
- adopted since 1901

THEORIES ON SUFFRAGE
1) NATURAL RIGHT a) inherent right of every ci?zen
b) by virtue of his membership in the State
c) who is not disqualied by reason of his
own reprehensible conduct or untness

- this view dominated USA and France

poli?cal thought in the 18th century

LIEZL2015/NOTES
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2) SOCIAL EXPEDIENCY a) public oce or func?on

b) conferred upon those t and capable of
discharging it

- not a right but a duty enjoined upon some

ci?zen

3) TRIBAL a) surage is a necessary aMribute of

membership in the State

- not a natural right but accrues only when

one becomes member of state

4) FEUDAL a) vested privilege usually accompanying the

ownership of land

- before in most US states only Caucasian

males who owned at least 50 acres of
land

5) ETHICAL a) necessary and essen?al means for the

development of society

- indica?ve of poli?cal maturity

PHILIPPINE THEORY ON SUFFRAGE

A RIGHT expression of the sovereign will Sec. 1, Art. II, 1987 Cons?tu?on
of the people The Philippines is a democra?c
a n d r e p u b l i c a n S t a t e .
Sovereignty resides in the
people and all government
authority emanates from them.

LIEZL2015/NOTES
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A PRIVILEGE not granted to everybody but to Sec. 1, Art. V, 1987 Cons?tu?on

such persons as are most likely Surage may be exercised by
to exercise it for the common all ci?zens of the Philippines not
good otherwise disqualied by law,
who are at least eighteen years
of age, and who shall have
resided in the Philippines for at
least one year and in the place
wherein they propose to vote for
at least six months immediately
preceding the elec?on. No
literacy, property or other
substan?ve requirement shall be
imposed on the exercise of
surage.

A DUTY which every ci?zen owes to his Sec. 4, BP 881 it shall be the
country duty of every ci?zen to register
and cast his vote

Sec. 4, Art. V, 1973 Cons?tu?on

it shall be the obliga?on of
every ci?zen qualied to vote to
register and cast their vote.

COMPARATIVE PROVISIONS ON SUFFRAGE

1935 1973 1987

LIEZL2015/NOTES
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BASIC PROVISION Sec. 1, ArFcle V Sec. 1, Art. VI Sec. 1, Art. V

Surage may be exercised by Surage shall be exercised by Surage may be exercised by
m a l e c i ? z e n s o f t h e ci?zens of the Philippines not all ci?zens of the Philippines
Philippines not otherwise otherwise disqualied by law, not otherwise disqualied by
disqualied by law, who are who are eighteen years of l a w, w h o a r e a t l e a s t
twenty-one years of age or age or over, and who shall eighteen years of age, and
over and are able to read and h a v e r e s i d e d i n t h e who shall have resided in the
write, and who shall have Philippines for at least one Philippines for at least one
resided in the Philippines for year and in the place wherein year, and in the place
o n e y e a r a n d i n t h e they propose to vote for at wherein they propose to
municipality wherein they least six months preceding vote, for at least six months
propose to vote for at least the elec?on. No literacy, immediately preceding the
six months preceding the p r o p e r t y , o r o t h e r e l e c ? o n . N o l i t e r a c y,
e l e c ? o n . T h e N a ? o n a l substan?ve requirement shall p r o p e r t y , o r o t h e r
Assembly shall extend the be imposed on the exercise substan?ve requirement shall
right of surage to women, if of surage. The Batasang be imposed on the exercise
in a plebiscite which shall be Pambansa shall provide a of surage.
held for that purpose within system for the purpose of
two years a[er the adop?on securing the secrecy and
of this Cons?tu?on, not less sanc?ty of the vote.
than three hundred thousand
w o m e n p o s s e s s i n g t h e
necessary qualica?ons shall
vote arma?vely on the
ques?on.

GENDER male ci?zens ci?zens (no dis?nc?on) all ci?zens

AGE 21 18 18

RESIDENCE 1 year Philippines 1 year Philippines 1 year Philippines

6 months municipality 6 months municipality 6 months municipality
to vote to vote to vote

LITERACY able to read and write no literacy or property no literacy or property

requirement requirement

REQUISITES FOR THE EXERCISE OF SUFFRAGE

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1. QUALIFIED a) all ci?zens of the Philippines aliens not

(Sec. 1, Art. V, 1987 Cons?tu?on) included
b) not otherwise disqualied by law same
disqualica?on for registra?on of voters
c) who are at least 18 years of age lowered
to 18 from 21 years of age in 1935
Cons?tu?on
d) and who shall have reside in the
Philippines for at least one year and in the
place wherein they propose to vote for at
least 6 months immediately preceding the
elec?on

2. NOT DISQUALIFIED a) any person sentenced by nal judgment

(Sec. 118, BP 881) to suer not less than one year
imprisonment (unless granted parole,
pardon or amnesty) right is only
acquired a[er ve years of service of
sentence.
b) crime involving disloyalty or against
na?onal security treason, rebellion,
sedi?on, espionage, viola?on of at the
an?-subversion and rearm laws
c) insane or incompetent person as declared
by competent authority

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3. REGISTERED IN THE LIST OF VOTERS a) Sec 10, BP 8189

A qualied voter shall be registered in the
permanent list of voters in a precinct of the
city or municipality wherein he resides to be
able to vote in any elec?on. To register as a
voter, he shall personally accomplish an
applica?on form for registra?on as prescribed
by the Commission in three (3) copies before
the Elec?on Ocer on any date during oce
hours a[er having acquired the qualica?ons
of a voter.

b) Sec. 6 (2) BP 9189

Qualied ci?zens of the Philippines abroad
who failed to register under Republic Act No.
8189, otherwise known as the "The Voters
Registra?on Act of 1996", may personally
apply for registra?on with the Elec?on
Registra?on Board of the city or municipality
where they were domiciled immediately prior
to their departure from the Philippines, or
with the representa?ve of the Commission at
the Philippine embassies, consulates and
other foreign service establishments that have
jurisdic?on over the locality where they
temporarily reside.

c) Sec. 4, BP 881
It shall be the obliga?on of every ci?zen
qualied to vote to register and cast his vote.

d) Sec. 4, Art. V, 1973 Cons?tu?on

It shall be the obliga?on of every ci?zen
qualied to vote to register and cast his vote.

4. NO FURTHER QUALIFICATION a) no literacy ability to read and write

(Sec. 1, Art. V, 1987 Cons?tu?on) b) property objec?on against the feudal
theory
c) or other substan?ve requirement shall be
imposed on the exercise of surage

CHAPTER 2 REGISTRATION OF VOTERS

PRE-ELECTION ELECTION PROPER POST-ELECTION

1) Registra?on 1) coun?ng of votes
LIEZL2015/NOTES
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2) Challenge 2) Board of Elec?on Inspectors

3) Inclusion 3) Apprecia?on of Ballots

4) Exclusion 4) Elec?on Returns

5) Voters: Qualica?on and 1) cas?ng of votes 5) announcement of the results
Disqualica?on of the elec?on and issuance of
cer?cate of votes received

6) Cer?cate of Candidacy 2) challenge of illegal voters 6) canvass and proclama?on

7) Precincts and polling places 3) records of challenges and 7) pre-proclama?on controversy
oaths

8) Ballot Boxes 4) minutes of vo?ng and 8) elec?on contest against a

coun?ng of votes pronounced candidate
9) Watchers 5) List of unused ballots 9 ) o r i g i n a l a n d exc l u s i v e
jurisdic?on

10) Pe??on to deny 10) appellate jurisdic?on

correspondence to or to cancel a 11) requisites of an elec?on
cer?ca?on of candidacy protest
11) Poli?cal Par?es 12) quo warranto, its requisites

12) Elec?on campaign 13) elec?on oenses

(expenditures and propaganda) 14) appeal

RELEVANT LAWS IN REGISTRATION OF VOTERS

LAW TITLE EFFECTIVITY

BP 881 Omnibus Elec?on Code December 3, 1985

RA 8189 Voters Registra?on Act of 1996 June 11, 1996

RA 9189 Overseas Absentee Vo?ng Act of February 13, 2003
2003

RA 10367 Mandatory Biometrics Voter February 15, 2003

Registra?on

REGISTRATION OF VOTERS

LIEZL2015/NOTES
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RATIONALE a) as a means of determining who possess

the qualica?on of voters; requires their
examina?on of the claims of persons to
vote on the ground of possessing these
qualica?ons
b) of regula?ng the exercise of the right to
vote reasonable and convenient means

NECESSITY a) registra?on is essen?al to the exercise of

the right to vote;
b) it is part and parcel of the right to vote
c) and indispensable element in the elec?on
process (condi?on sine qua non)

DUTY TO REGISTER Sec. 4, BP 881

a) It shall be the duty of every ci?zen to
register and cast his vote.

Sec. 115, BP 881

a) In order that a qualied elector may vote
in any elec?on, plebiscite, or referendum,
b) he must be registered in the permanent
list of voters for the city or municipality in
which he resides

REGISTRATION Sec. 3, RA 8189

a) accomplishing and ling a sworn
applica?on for registra?on; must be under
oath
b) by a qualied voter; 1) Filipino 2) not
disqualied by law 3) at least 18 years of
age 4) at least one year Philippine
resident; place of vote at least 6 months
immediately preceding the elec?on.
c) before elec?on ocer (EO) of city or
municipality wherein he resides; EO is the
local representa?ve of COMELEC in all
ci?es or municipali?es
d) and including the same in the book of
registered voters; completes the process
of registra?on; applicant is now
considered a registered voter
e) upon approval by elec?on registra?on
board hearing; quan?ty; composi?on:
Elec?on Ocer as chair, most senior in
rank public school ocial, local civil
registrar as members

LIEZL2015/NOTES
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CONTINUING REGISTRATION Sec. 3, RA 8189

a) the personal ling of applica?on of
registra?on of voters shall be conducted
daily in the oce of the elec?on ocer
during regular oce hours
b) no registra?on shall, however, be
conducted during the period star?ng 120
days before a regular elec?on and 90 days
before a special elec?on

MANDATORY BIOMETRIC CAPTURE RA 10367

a) new applica?on requires mandatory
capture of applicants biometrics

CHAPTER 3
CHALLENGES TO THE RIGHT TO REGISTER

Who may challenge? a) any voter

(Sec. 18, RA 8189) b) candidate or
c) representa?ve of a registered poli?cal
party
Requirements a) applica?on in wri?ng
b) under oath aMached to the applica?on
c) proof of no?ce of hearing
d) state the ground

Procedure Hearing: 3rd Monday of the month

Decision: rendered before end of the month
Opposi?on (in form of Answer) a) led not later that 2nd Monday
b) scheduled to be heard by Elec?on
Registra?on Board

PETITION FOR INCLUSION

Who may le a) any person whose applica?on for
(Sec. 34, RA 8189, SCR) registra?on has been disapproved by the
Board.
b) Any person whose name has been
stricken out from the list

Requirements a) Pe??on
b) Cer?cate of disapproval of applica?on
c) Proof of service of no?ce of pe??on from
the board
Where to le a) Municipal Trial Court or Metropolitan
Trial Court

LIEZL2015/NOTES
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When to le a) At any ?me

b) except 105 days prior to regular elec?on
or 75 days prior to special elec?on.
When to decide a) within 15 days a[er its led
Appeal a) within 5 days from receipt of no?ce
b) to Regional Trial Court
c) deciding appeal within days from receipt
d) Decision is nal and executory (No Mo?on
for Reconsidera?on)
PETITION FOR EXCLUSION

Who may le a) Any registered voter

(Sec. 35, RA 8189, SCR) b) representa?ve of a poli?cal party
c) elec?on ocer
Requirements a) sworn statement
b) process of no?ce to the board and to the
challenged voter

Where to le a) Municipal Trial Court or

b) Metropolitan Trial Court
c) at any ?me
d) except 100 days prior to regular elec?on
or 65 days prior to special elec?on
When to decide a) within 10 days a[er its ling
Appeal a) within 5 days from receipt of no?ce
b) to Regional Trial Court
c) Decision: appeal within 10 days from
receipt
d) Decision is nal and executory (No Mo?on
for Reconsidera?on)

Why there is a dierence of ?me to le for inclusion (105 days prior to regular elec?on; 75 days special
elec?on) and exclusion (100 days prior to a regular elec?on and 65 days prior to a special elec?on)?

- Period the Decision has to be rendered

ANNULMENT OF BOOK OF VOTERS

Sec?on 39, RA 8189

Who may le a) any voter

b) elec?on ocer
c) duly registered poli?cal party
Requirements Veried pe??on
-state the grounds
LIEZL2015/NOTES
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Grounds a) not in accordance with RA 8189

b) prepared through fraud, bribery, forgery,
impersona?on, in?mida?on, force or any
similar irregularity
c) contains data that are sta?s?cally
improbable
Limita?ons a) order, ruling or decision annulling a book
of voters shall not be execute 90 days
before an elec?on
b) Order annulling book of voters is not a
ground for pre-proclama?on controversy.

CHAPTER 4

*MEMORIZE

QualicaFons for NaFonal ElecFve Oces (CALVRES=CiFzenship, Age, Literacy, Voter, Residence)

President & VP Senate House of

RepresentaFve

Basis (1987 Sec 2 Art VII Sec. 3 Art VI Sec. 6 Art VI

ConsFtuFon)
CiFzenship Natural Born Ci?zen Natural Born Ci?zen Natural Born Ci?zen

Age At least 40 years old at At least 35 years old at At least 25 years old at
the day of elec?on the day of elec?on the day of elec?on
Literacy Able to read and write Able to read and write Able to read and write

Voter Registered voter Registered voter Registered Voter in the

District which he shall
be elected
Residence Resident of the Resident of the A resident of the district
Philippines for not less Philippines for not less for a period of not less
than 10 years than 2 years t h a n 1 y e a r
immediately preceding immediately preceding immediately preceding
the day of the elec?on. the day of the elec?on. the day of the elec?on.

Why Natural born Ci?zen? On the jus?ca?on that people who are voted on this elec?on must have an
absolute and undivided allegiance

Residence? For Familiarity and acquaintance

QualicaFons for Local ElecFve Oces

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Governor and Vice Mayor HUC Mayor and SP & SB

Governor Vice Mayor (City)
Basis Sec. 39 RA 7160 Sec. 39 RA 7160 Sec. 39 RA 7160 Sec. 39 RA 7160

CiFzenship Ci?zen Ci?zen Ci?zen Ci?zen

Age At least 23 Years At least 23 Years At least 21 Years At least 18 Years
old on elec?on day old on elec?on day old on elec?on day old on elec?on
day

Literacy Able to read and Able to read and Able to read and Able to read and
write Filipino or write Filipino or write Filipino or write Filipino or
any other local any other local any other local any other local
language or dialect language or dialect language or dialect language or
dialect
Voter RegistraFon Registered Voter Registered Voter Registered Voter Registered Voter
in the district

Residence 1 yr in the 1 yr in the 1 yr in the 1 yr in the

province where he province where he province where he province where he
intended to be intended to be intended to be intended to be
elected 2 Years in elected 2 Years in elected 2 Years in elected 2 Years in
the Philippines the Philippines the Philippines the Philippines

DeniFon of terms

Candidate Sec 79 (a) BP 881 1. Any person

2. Aspiring for or seeking an elec?ve oce
3. Who has led a cer?cate of candidacy
4. By himself or through an accredited poli?cal
party, aggroupment , or coali?on of par?es

QualicaFon 1. a condi?onal circumstance

2. that must be met or complied with
3. to make a person suitable for a par?cular
posi?on
DisqualicaFon 1. The quality of not being suitable
2. For a par?cular posi?on

Natural Born CiFzen 1. Those who are ci?zens of the Philippines from
birth 2. Without having to perform any act to
acquire or perfect Ci?zenship 3. Those born
before January 17, 1973 of Filipino Mothers who
elect Philippine ci?zenship at the age of majority
Residence 1. Indicate a place of abode whether permanent
or temporary

LIEZL2015/NOTES
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Domicile 1. For the exercise of civil rights and fullment of

Art 50 Civil Code civil obliga?ons
2. The domicile of natural persons is the place of
their habitual residence

DisqualicaFons (Omnibus ElecFon Code Sec.12)

1. has been declared by competent authority insane or incompetent
2. sentenced by nal judgment for subversion, insurrec?on, rebellion
3. sentenced by nal judgment for a crime involving moral turpitude

DisqualicaFons applicable to LEO only (Sec 40 Ra 7160)

1. Those sentenced by nal judgment for an oense involving moral turpitude or for an oense
punishable by one (1) year or more of imprisonment, within two (2) years a[er serving sentence;
2. Those removed from oce as a result of an administra?ve case;
3. Those convicted by nal judgment for viola?ng the oath of allegiance to the Republic;
4. Those with dual ci?zenship;
5. Fugi?ves from jus?ce in criminal or non-poli?cal cases here or abroad;
6. Permanent residents in a foreign country or those who have acquired the right to reside abroad and
con?nue to avail of the same right a[er the eec?vity of this Code; and
7. The insane or feeble-minded.

Father of LGC- Senator Aquilino Pimentel Jr.

Can a Juridical person run for public oce?

LIEZL2015/NOTES