Beruflich Dokumente
Kultur Dokumente
I. Senators (35-2)
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d. Able to read and write
e. On election day, must at least be:
1. 23 years-gov, vice governor, mayor or vice mayor of highly urbanized
cities
2. 21 years- mayor or vice mayor of independent component cities
3. 18 years- member of sangguniang panlungsod or bayan, 15 but not
more than 18- Sangguniang Kabataan
5. Postponement of election
For any serious cause such as:
Violence
Terrorism
Loss or destruction of election paraphernalia or records
Force majeure
And other analogous causes of such nature that the holding of a free, orderly
and honest election, should become impossible in any political subdivision.
6. Failure of Election
a. The election in any polling place has not been held as fixed on account of
force majeure, violence, terrorism, fraud or other analogous causes
b. The election in any polling place has been suspended before the hour fixed
by law for the closing of the voting on account of force majeure, violence,
terrorism, fraud or other analogous causes
c. After the voting and during the preparation and transmission of the election
returns or in the custody or canvass thereof, such election results in a failure to
elect on account of force majeure, violence, terrorism, fraud or other
analogous causes
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8. Election offenses
1. Vote-buying and vote-selling
2. Conspiracy to bribe voters
3. Wagering upon result of election
4. Threats, intimidation, terrorism, use of fraudulent device
5. Coercion of election officials and employees
6. Appointment of new employees, creation of new position or giving salary
increases
7. Undue influence
8. Unlawful electioneering
9. Definition of Terms:
Election- is the means by which the people choose their officials for a definite
and fixed period and to whom they entrust for the time being the exercise of the
powers of the government.
Plebiscite-
Initiative- the power of the people to propose amendments to the Constitution or
to propose and enact legislation
Referendum- power of the electorate to approve or reject legislation through an
election called for the purpose.
Recall- method for removing an elective public officer by the people before the
end of the officer’s term of office due to lost of confidence/trust.
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Ad-interim appointment
Suffrage
Political party
Sectoral party
Sectoral organization
Coalition
Nuisance candidates
Natural Born Citizens
Repatriation
Pre proclamation controversy
Dual citizenship
Dual allegiance
Doctrine on the rejection of the second placer
Certificate of Candidacy
Presidential Electoral Tribunal (PET)
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House of Representative Electoral Tribunal (HRET)
Discretionary and Ministerial function
Incomplete canvass
11. Disqualification under the Omnibus Election Code (BLG 881,Section 68)
i. Giving money or other material consideration to influence voters or public
officials performing electoral functions.
ii. Committing acts of terrorism to enhance his candidacy
iii. Spending in his election campaign in excess of the amount allowed by the
Code
iv. Soliciting, receiving or making any prohibited contribution
v. Violation of Section 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and cc, sub-
paragraph 6 (Sec. 68, Omnibus Election Code).
13. The four inviolable parameters of the Filipino Party list system
1. 20% of the total number of the membership of the HOR is the maximum
number of seats available to party-list organizations, such that there is
automatically 1 party-list seat for every four existing legislative districts.
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2. Garnering 2% of the total votes cast in the party-list elections guarantees a
party-list organization 1 seat.
3. The additional seats shall be distributed to the party-list organizations
including those that received less than 2% of the total votes.
4. The three-seat cap is constitutional.
2. Exercise:
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a. Exclusive original jurisdiction over all contests relating to the elections, returns,
and qualifications of all elective
i. Regional,
ii. Provincial, and
iii. City officials
3. Decide, except those involving the right to vote, all questions affecting
elections,
including determination of the number and location of polling places,
appointment of
election officials and inspectors, and registration of voters.
NOTE: Questions involving the right to vote fall within the jurisdiction of the
ordinary
courts.
4. Deputize, with the concurrence of the President, law enforcement agencies
and
instrumentalities of the Government, including the Armed Forces of the
Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful,
and
credible elections.
6.. File, upon a verified complaint, or on its own initiative, petitions in court for
inclusion of exclusion of voters; investigate and, where appropriate, prosecute
cases of violations of election laws, including acts or omissions constituting
elections frauds, offenses and
malpractices.
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7. Recommend to the 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
candidacies.
2. Quo warranto
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Filed by any registered voter in the constituency
Grounds:
a. Ineligibility
b. Disloyalty to the public
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Section 2- Mode of review- a judgment or final order or resolution of the
Commission on Elections and the Commission on Audit may be brought by the
aggrieved party to the Supreme Court on certiorari under Rule 65 except as
hereinafter provided.
Section 3- Time to file petition- The petition shall be filed within thirty (30) days
from notice of the judgment or final order or resolution sought to be reviewed.
The filing of a motion for new trial or reconsideration of said judgment or final
order or resolution, if allowed under the procedural rules of the Commission
concerned, shall interrupt the period herein fixed. If the motion is denied, the
aggrieved party may file the petition within the remaining period, but which shall
not be less than five (5) days in any event, reckoned from the notice of denial.
Rule 65
Section 1- Petition for Certiorari- When any tribunal, board or officer exercising
judicial or quasi-judicial functions has acted without or in excess of its or his
jurisdiction, or with grave abuse of discretion amounting to lack or excess of
jurisdiction, and there is no appeal, nor any pain, speedy and adequate remedy
in the ordinary course of law, a person aggrieved thereby may file a verified
petition in the proper court, alleging the facts with certainty and praying that
judgment be rendered annulling or modifying the proceedings of such tribunal,
board or officer, and granting such incidental reliefs as law and justice may
require.
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2. The canvassed election returns are incomplete, contain material defects,
appear to be tampered with or falsified or contain discrepancies in the same
returns or in other authentic copies thereof.
3. The election returns were prepared under duress, threats, coercion or
intimidation or they are obviously manufactured or not authentic; and
4. When substitute or fraudulent returns in controverted polling places were
canvassed, the results of which materially affected the standing of the
aggrieved candidate or candidates.
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