ELECTION LAW
officers
SUFFRAGE
- right to vote in the election of officers chosen
by the people in the determination of questions
submitted to the people
- Includes election, plebiscite, initiative,
referendum
ELECTION
- Means by which the people choose their
officials for a definite and fixed period for the
exercise of government powers.
NATURE OF SUFFRAGE
1. Right created by law, not a natural right.
Expression of the sovereign will of the
people
2. It is a privilege because it is not granted to
everybody
REGULATION OF SUFFRAGE
- Congress has unlimited power to enact laws
relative to the right of suffrage
- In the exercise of police power , suppress
whatever evils may be incident to the election
of public officers
THEORY OF POPULAR SOVERIGNTY
- The PH is a democratic and republican State
- Sovereignty resides in the people and gov’t
authority emanates from them
SCOPE OF SUFFRAGE
1. Referendum – power of the electorate to
approve or reject a legislation through an
election called for the purpose
2. Recall – termination of official relationship
of a local elective official prior to the
expiration of his term
3. Initiative – power of the people of the
people to propose amendments to the
constitution
4. Plebiscite – electoral process by which an
initiative on the constitution is approved or
rejected
5. Election – choice or selection of candidates
to public office by popular vote through the
use of ballots
KINDS OF ELECTION
1. Regular / General
o One provided by law for the election of
officers either nationwide or in certain
subdivisions thereof, after the
expiration of the full term of the former
o SK election is not regular
 Age requirement is now at least
18 to 24 yrs
2. Special
o One to fill the vacancy before the
expiration of the term which the
incumbent was elected.
 The PH uses the Australian system a
distinguishing feature is the strict secrecy
in balloting
ELECTION PERIOD
- Unless fixed by the commission, election
period shall start 90 days before the day of
election and shall end 30 days after
CAMPAIGN PERIOD
1. Presidential and Vice – 90 days
2. Congress and local election – 45 days
3. Barangay – 15 days
4. Special election – 45 days
SK ELECTION
- Composed of a Chairperson and 7 members
elected by the katipunan ng kabataan.
- Katipunan ng Kabataan shall be composed of
all citizens of the PH resisding in the barangay
for 6 months who are at least 15 to 30yrs and
duly registered in the COMELEC or
Sangguniang Kabataan Secretary
COMELEC
- Ensures purity of elections, outside the
influence of political parties, legislative,
executive and judicial departments
- It is an independent tribunal
- Composed of a Chairman and 6 commissioners
QUALIFICATIONS
1. Natural born citizen
2. At least 35yrs at time of appointment
3. College degree
4. Not have been candidates for any elective
position in the immediately preceding
election
5. Member of the bar, practice of law for at
least 10 years
APPOINTMENT
- President with consent of the Commission on
appointments shall appoint them with a term of
7 years, w/o reappointment
- No case shall a member be appointed in a
temporary or acting capacity.
JUDICIAL REVIEW
- Aggrieved party via petition on certiorari under
Rule 65, bring to the Supreme Court
judgements or final orders of the COMELEC
but only within 30 days from notice.

JURISDICTION JURISDICTION TO ORDER SPECIAL

- COMELEC may sit en banc or in 2 divisions ELECTIONS
- Shall promulgate its rules of procedure in order - Power to fix the date of elections is essentially
to expedite disposition of election cases, legislative in nature
including pre – proclamation proceedings
GR: Only the DIVISIONS have the authority to
hear and decide election cases in the first instance.
Otherwise null and void
Exceptions:
1. Involved is a purely administrative
controversy, not quasi -judicial
2. Required no of votes to reach a resolution
is not obtained in the division
3. Jurisdiction in estoppel
4. Petitions for postponement, declaration of
failure of election and special election
5. En banc has the power to prosecute election
cases and in exercise of such it conducts
preliminary investigation

EXCLUSIVE JURISDICTION OF COMELEC

- Vested by the constitution with exclusive
charge of enforcement of all laws relative to
election
- Has limited jurisdiction over intra-party
disputes, may only interfere with political
parties when necessary to discharge its
constitutional functions

DECISIONS
- Majority vote of all its members within 60 days
from the date of submission

CASES IN DIVISION
1. All election cases, pre- proclamation
2. Petition to cancel cert of candidacy
3. Appealed from MTC and RTC
4. Petition for certiorari from decision of RTC
or MTC

CASES EN BANC
1. MR
2. Correction of manifest errors alleging an
erroneous copying of figures from election
return to statement of votes by precinct
3. Violation of election laws
4. When commission does not exercise its
adjudicatory or quasi- judicial powers