Election Law Reviewer
Pauline D. Macas
POLITICAL LAW REVIE WER
ELECTION LAWS
Election
Embodiment of the popular will, the expression of the
sovereign power of the people.
Components:
 Choice or selection of candidates to public office by
popular vote
 Conduct of the polls
 Listing of votes
 Holding of Electoral campaign
 Act of casting and receiving the ballots from the
voters
 Counting the ballots
 Making the election returns
 Proclaiming the winning candidates
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.
Special election – is 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, as provided by
law.
Political Parties
Definition (Omnibus Election Code)
An organized group of persons pursuing the same ideology,
political ideas or platforms of government including
itsbranches and divisions.
Types of Political Parties
1) Registered Parties:
Dominant Majority Party – usually the administration party;
entitled to a copy of election return
Dominant Minority Party – entitled to a copy of election return
Majority Political Party
Top 3 Political Parties – entitled to appoint principal watcher
and a copy of the certificate of canvass
Bottom 3 political parties – entitled to appoint principal
watcher
2) Non-registered parties
Criteria to Determine the Type of Political Party
Established Record of the said parties, showing in past
elections
Number of Incumbent Elective Officials
Identifiable political organizations and strengths
Ability to fill a complete slate of candidates
Other analogous circumstances
Grounds for Challenging the Voter
Illegal voters ( Not Registered / Using the name of another /
disqualified )
Based on certain illegal acts (Vote buying)
Acquisition of Juridical Personality
It is acquired upon registration with the COMELEC.
Forfeiture of Status as a Registered Political Party
The status shall be deemed forfeited if the political party,
singly or in coalition with others, fails to obtain at least 10% of
the votes cast in the constituency in which it nominated and
supported a candidate/s in the election next following its
registration. There shall be notice and hearing.
Candidates
Rules on Filing of Certificates of Candidacy
No person shall be elected into public office unless he files his
certificate of candidacy within the prescribed period
No person shall be eligible for more than one office. If he/she
files for more than one position, he shall not be eligible for all
unless he cancels all and retains one
The certificate of candidacy shall be filed by the candidate
personally or by his duly authorized representative.
Upon filing, an individual becomes a candidate, he is already
covered by rules, restrictions and processes involving
candidates.
Grounds for Disqualification
Election offenses under Sec 68 of the Omnibus Election Code
(OEC)
Not possessing qualifications and possessing
disqualifications under the Local Government Code
 2.1 Sentenced by final judgment for an offense
involving moral turpitude or for an offense
punishable by one year or more of imprisonment
within two years after serving sentence
 2.2 Removed from office as a result of an
administrative case
 2.3 Convicted by final judgment for violating the
oath of allegiance to the Republic
 2.4 Dual citizenship ( more specifically, dual
allegiance)
 2.5 Fugitives from justice in criminal or non-
political cases here or abroad
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Election Law Reviewer
Pauline D. Macas

 2.6 Permanent residents in a foreign country or May refuse to give due course to or cancel a certificate of
those who have acquired the right to reside abroad candidacy of a nuisance candidate. This can be done motu
and continue to avail of the same right proprio or upon verified petition of an interested party.

2.There should be a showing that:

 2.7 Insane or feeble-minded

Certificate of candidacy has been filed to put the election

Nuisance candidate
Violation of sec 73 of OEC with regard to certificate of
candidacy
Violation of sec 78 which is material misrepresentation of
reqts under sec. 74.
* Disqualifications (from continuing as a candidate or from
holding the office if already elected):
process in mockery/disrepute or
To cause confusion among the voters by the similarity of the
names of the registered candidates
Other circumstances which clearly demonstrate that the
candidate has no bona fide intention to run for the office…
Petition to deny due course to or to cancel a Certificate of
Candidacy

A. Exclusive ground: A material representation in the

Any candidate, who in an action or protest in which he is a certificate of candidacy is false.
party is declared by final decision of a competent court guilty
of, or is found by the Commission of having:

B. The petition should be filed not later than 25 days

from the filing of the certificate of candidacy.
Given money or other material consideration to influence,
induce or corrupt the voters or public officials performing
electoral functions.
C. It should be decided not later than 15 days before
Committed acts of terrorism to enhance his candidacy the election, after due notice and hearing.

Spent in his election campaign an amount in excess of that

allowed by the Omnibus Election Code )
Election Campaign/Partisan Political Activity
Solicited, received or made any contribution prohibited under
this Code Ø Definition

Violated any of the following sections: Section 80, 83, 1) It refers to an act designed to promote the election or defeat
85,86,261 of a particular candidate/s to a public office

Permanent resident of or an immigrant to a foreign country

shall not be qualified to run for any elective office UNLESS
2) It includes:
he/she has waived his/her status as a permanent
resident/immigrant of a foreign country in accordance with the
residence requirement provided for under election laws.
A. Forming organizations, associations, clubs,
Effect of a Disqualification case (under RA 6646) committees or other groups of persons for the
purpose of soliciting votes and/or undertaking any
campaign for or against a candidate.
Any candidate who has been declared by final judgment to be
disqualified shall NOT be voted for. The votes cast in his favor
shall not be counted. B. Holding political caucuses, conferences, meetings,
rallies, parades or other similar assemblies for the
If the candidate is not disqualified by final judgment before the
purpose of soliciting votes and/or undertaking any
election and receives the highest number of votes in the
campaign or propaganda for or against a candidate.
election, the court or COMELEC will continue with the trial and
hearing of the action, inquiry or protest. Upon motion of the
complainant or intervenor, the court or COMELEC may order
the suspension of the proclamation of the candidate whenever C. Making speeches, announcements or
the evidence of his guilt is strong. commentaries or holding interviews for or against
the election of any candidate for public office.

D. Publishing or distributing campaign literature or

Nuisance Candidates materials designed to support or oppose the
election of any candidate.

A. The term refers to candidates who have no bona fide

intention to run for the office for which the certificate of E. Directly or indirectly soliciting votes, pledges or
candidacy has been filed and would thus prevent a faithful support for or against a candidate.
determination of the true will of the people.

3) When the acts enumerated above are NOT considered an

B. Power of COMELEC election campaign/partisan political activity.

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Election Law Reviewer
Pauline D. Macas
If the acts are performed for the purpose of enhancing the
chances of aspirants for nomination for candidacy to a public
office by a political party, aggroupment, or coalition of parties.
RA 9006 – FAIR ELECTION ACT
Important Features:
1) Repeal of Sec. 67 of the OEC – Now, any ELECTIVE
official, whether national or local, running for any office other
than the one which he is holding in a permanent capacity shall
not be considered ipso facto resigned from his office upon the
filing of his certificate of candidacy.
2) Lifting of the Political Ad Ban – Written and Printed
Materials (8.5” W x 14L”)
Letters
Posters (2’ x 3’) in common-private poster areas ( not more
than 10 public places per political party or independent
candidate, 12’ 16’), private places and public places
Rally streamers (3’ x 8’) NOT MORE THAN 2
Paid Advertisements at Discounted Rates
Print : 1/4th page in broadsheet and ½ page in tabloid 3x a
week
Television: 120 minutes for candidate for nationally elective
office and 60 for local
Radio: 180 minutes for candidate for nationally elective office
and 90 for local
COMELEC free space (3 national newspaper for nationally
elective officials and 1 national newspaper for local) and
airtime
(3 national television networks for nationally elective officials
and 1 station for local ) : equal allocation for all candidates for
3 calendar days
Authorized Expenses ( multiplied with the total number of
registered voters )
P 10 for president / vice president
P 3 for other candidates for every voter currently registered
in the constituency
P 5 for independent candidates and political parties
Voters
Qualifications
Age: 18 years old and over.
Residence
He /she should have resided in the Philippines for one year
and
Resided in the city/municipality wherein he proposes to vote
for at least 6 months immediately preceding the election.
Residence Requirement
If the transfer of residence is due to any of the following
reasons, the person concerned will be deemed NOT to have
lost his original residence:
A. Transfer solely because of occupation, profession,
employment in private or public service
B. Educational activities
C. Work in military or naval reservations
D. Service in the army, navy or air force, national
police force
E. Confinement/detention in government institutions
in accordance with law.
RA 8189 – VOTER’S REGISTRATION ACT OF 1996
Q: Can there still be general registration of voters?
A: No more, because 8189 (7) provides for such only for the
May ’98 elections
Q: What kind of registration system do we have?
A: Continuing, Computerized and Permanent
Disqualifications
A. If sentenced by final judgment to suffer imprisonment for
not less than 1 year and such disability was not removed by
plenary pardon or has not been granted amnesty. However,
any person disqualified to vote shall automatically reacquire
the right to vote upon expiration of 5 years after service of
sentence.
B. Any person who has been adjudged by final judgment by
competent court or tribunal of having committed any crime
involving disloyalty to the duly constituted government such
as rebellion or any crime against national security:
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Election Law Reviewer
Pauline D. Macas
How is reactivation of registration effected ?

1. UNLESS restored to his full civil and political rights in

accordance with law.
Sworn application for reactivation

2. However, he shall regain his right to vote automatically

upon expiration of 5 years after service of sentence. Affidavit

C. Insane or incompetent persons as declared by competent Not later than 120 days before regular election and 90 days
authority. before special election

Jurisdiction in Inclusion/Exclusion cases
A. The municipal and metropolitan trial courts shall
have original and exclusive jurisdiction over all
matters of inclusion and exclusion of voters from
the list in their respective municipalities or cities.
Petition filed at any time except 105 days before
regular election or 75 days before special election
Annulment of Book of Voters is through verified petition; notice
and hearing; not prepared in accordance with law or prepared
through fraud, bribery, forgery, impersonation, intimidation,
force, any similar irregularity or which contains data that are
statistically improbable
Cannot be done within 90 days before election

B. Decisions may be appealed to the RTC within 5

days from receipt of notice of decision. Postponement of Election

Causes

C. RTC will decide the appeal within 10 days. Decision Violence

is final and executory.
Terrorism

Loss or destruction of election paraphernalia/records

D. Note: Relate this to Article IX of the Constitution
Force majeure
which provides that the COMELEC has no
jurisdiction over questions involving the right to Other analogous causes
vote.
Effect

It is impossible to hold a free, orderly and honest election in

E. Exclusion is through sworn petition and not later any political subdivision
than 100 days before regular election; 65 days
before special election

COMELEC can postpone the election (when decided by a

majority vote of the COMELEC sitting en banc, RA 7166):
Grounds when the List of Voters will be altered:

A. Motu proprio
Deactivation/ Reactivation

Exclusion/ Inclusion
B. Upon a verified petition by any interested party, after due
Cancellation of Registration in case of Death notice and hearing
New voters

Annulment of Book of Voters Date of new election

Transfer of Residence
How is challenge to right to register effected?
Who – any voter, candidate, political party representative
The date of the postponed election should be reasonably
close to the date of the election not held, suspended, or which
resulted in a failure to elect. It should not be later than 30
days after the cessation of the cause for such postponement
or suspension of the election or failure to elect.

Failure of Election
How – in writing, stating grnds, under oath, proof of notice of
hearing Causes

Force majeure

Deactivation means removing the registration records of Violence

persons from the precinct book of voters and place the same,
Terrorism
properly marked and dated in indelible ink, in the inactive file
after entering the cause of deactivation. Fraud

Other analogous causes

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Election Law Reviewer
Pauline D. Macas
Under RA 7166, the causes for the declaration of the failure
of election may occur before or after the casting of votes or on
the day of the election.
Effects of above causes
A. Election in any polling place was not held on the date fixed;
B. Election was suspended before the hour fixed by law for
the closing of the voting
C. Elections results in a failure to elect (after the voting and
during the preparation and transmission of the election
returns or in the custody or canvass thereof)
AND the failure or suspension of the election would affect the
result of the election
Remedy
COMELEC can call for the holding or continuation of the
election not held, suspended, or which resulted in a failure to
elect. The election should be held not later than 30 days after
the cessation of the cause of the postponement or
suspension of the election or failure to elect. This is decided
by the COMELEC, by a majority vote of its members, sitting
en banc.
RA 7941 – Party-List System Act
Seeks to promote proportional representation
Any party already registered need not register anew. File
manifestation not later than 90 days before election.
Grounds for refusing or canceling registration of Party-Lists
groups
Religious sect or denomination, organization
Advocates violence
Foreign party or organization
Receives foreign support
Violates election law
Untruthful statements in its petition
Ceased to exist for at least one year
Failed to participate in the last two preceding elections or fails
to obtain at least 2% of the votes cast under the party-list
system in the 2 preceding elections for the constituency in
which it has registered
Nomination of party-list reps should not include any candidate
for any elective office or a person who has lost his bid for an
elective office in the immediately preceding election
Incumbent sectoral representatives in the House of
Representatives who are nominated in the party-list system
shall not be considered resigned
Party List Reps constitute 20% of the total number of the
members of the House of Reps including those under the
party-list
How do we determine the number of party list seats in the
House of Reps?
(# of District Reps / 0.80) x 0.20 = # of party list reps
There are presently 208 legislative districts, according to the
Veterans Federation Case
The 5 major political parties are now entitled to participate in
the party list system
Parties receiving at least 2% of the total votes cast for the
party-list system shall be entitled to one seat each
No party shall be entitled to more than 3 seats
Currently, there are 260 seats. So 20 % of 260 is 52 seats.
But this is only a ceiling.
A list with 5 names should be submitted to COMELEC as to
who will represent the party in the Congress. Ranking in the
list submitted determines who shall represent party or
organization.
Rules for Appreciation of Ballots
Liberal Construction in favor of the validity of the ballot
Look at the ticket slate, consider locality or literacy rate
Rule 211 of the OEC
Incumbency / Surname
Cannot ascertain – STRAY VOTE
Pre-Proclamation Controversies
Definition
A pre-proclamation controversy refers to any question
pertaining to or affecting the proceedings of the board of
canvassers which may be raised by any candidate or by any
registered political party or coalition of political parties before
the board or directly with the COMELEC.
It would also refer to any matter raised under Sections 233,
234, 235, and 236 of the Omnibus Election Code in relation to
the preparation, transmission, receipt, custody, and
appreciation of the election returns. (Board of canvassers
have original jurisdiction while COMELEC have appellate
jurisdiction)
When election returns are delayed, lost or destroyed
(Sec.233)
Material defects in the election returns (Sec. 234)
When election returns appear to be tampered with or falsified.
(Sec. 235)
Discrepancies in election returns (Sec. 236)
C. Those that can be filed with COMELEC directly are the ff:
Issue involves the illegal composition or proceedings of the
board of canvassers, as when a majority or all of the members
do not hold legal appointments or are in fact usurpers
Issue involves the correction of manifest errors in the
tabulation or tallying
of the results during the canvassing
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Election Law Reviewer
Pauline D. Macas
Recount
There can be a recount under the grounds of 234-236. The
returns involved will affect the results and the integrity of the
ballot box has been preserved
Issues that may be raised in a pre-proclamation controversy
Illegal composition or proceedings of the board of canvassers
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 authentic
copies thereof.
The election returns were prepared under duress, threats,
coercion, or intimidation, or they are obviously manufactured,
or not authentic.
When substitute or fraudulent returns in controverted polling
places were canvassed, the results of which materially
affected the standing of the aggrieved candidate/s.
Procedure
A. Contested composition or proceedings of the board (under
RA 7166)
It may be initiated in the board or directly with COMELEC.
B. Contested election returns (under RA 7166)
Matters relating to the preparation, transmission, receipt,
custody and appreciation of the election returns, and
certificate of canvass, should be brought in the first instance
before the board of canvassers only.
Summary nature of pre-proclamation controversy
Pre-proclamation controversies shall be heard summarily by
the COMELEC.
Its decision shall be executory after the lapse of 5 days from
receipt by the losing party of the decision, unless restrained
by the SC.
Effect of filing petition to annul or suspend proclamation
It suspends the running of the period within which to file an
election protest or quo warranto proceedings.
When not allowed
Pre-proclamation cases on matters relating to the preparation,
transmission, receipt, custody and appreciation of the election
returns or the certificates of canvass NOT allowed in elections
for: (under RA 7166)
President
Vice-President
Senator
Member of the House of Representatives
BUT: The appropriate canvassing body motu propio or upon
written complaint of an interested person can correct manifest
errors in the certificate of canvass or election returns before
it.
BUT: Questions affecting the composition or proceedings of
the board of canvassers may be initiated in the board or
directly with COMELEC.
When pre-proclamation cases are deemed TERMINATED
(RA 7166)
All pre-proclamation cases pending before the COMELEC
shall be deemed terminated at the beginning of the term of the
office involved and the rulings of the boards of canvassers
concerned deemed affirmed.
B. This is without prejudice to the filing of a regular election
protest by the aggrieved party.
C. HOWEVER: Proceedings MAY CONTINUE if:
The COMELEC determines that the petition is meritorious and
issues an order for the proceedings to continue or
The Supreme Court issues an order for the proceedings to
continue in a petition for certiorari.
Election Contest
Original Jurisdiction
COMELEC has ORIGINAL jurisdiction over contests relating
to the elections, returns, qualifications of all elective:
Regional
Provincial
City officials
Appellate Jurisdiction
COMELEC has APPELLATE jurisdiction over all contests
involving:
A. Elective MUNICIPAL officials decided by trial courts of
GENERAL jurisdiction
B. Elective BARANGAY officials decided by trial courts of
LIMITED jurisdiction
Who can file a petition contesting the election
Any candidate who has duly filed a certificate of candidacy
and has been voted for the same office
Purpose of an election contest
The defeated candidate seeks to outs the proclaimed winner
and claims the seat.
Final COMELEC Decisions
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Election Law Reviewer
Pauline D. Macas
Provision that decisions, final orders, rulings of the
Commission on election contests involving municipal and
barangay offices are final, executory and not appealable:
A. This only applies to questions of FACT. ( Flores v.
COMELEC, 184 SCRA 484)
B. It does NOT preclude a special civil action of certiorari.
(Galido v. COMELEC, Jan. 18,1991)
Distinctions between Pre-Proclamation Controversy and
Election Contest
1) Dividing line: Proclamation of a candidate
2) Jurisdiction
A. Pre-proclamation controversy
1.The jurisdiction of COMELEC is administrative/quasi-
judicial
2.It is governed by the requirements of administrative due
process
B. Election contest
1.The jurisdiction of COMELEC is judicial
2.It is governed by the requirements of judicial process
3) In some cases, even if the case (involving municipal
officials) began with the COMELEC before proclamation but a
proclamation is made before the controversy is resolved, it
ceases to be a pre-proclamation controversy and becomes an
election contest cognizable by the RTC.
4) However, in some cases, the SC has recognized the
jurisdiction of COMELEC over municipal cases even after
proclamation. Relate to the provision in RA 7166 allowing pre-
proclamation controversy proceedings to continue even after
a proclamation has been made.
Election Offenses ( Selected Offenses)
Vote buying and vote-selling
A. Covered acts
1.Give, offer or promise money or anything of value
2. Making or offer to make any expenditure, directly or
indirectly, or cause an expenditure to be made to any person,
association, corporation, entity or community
3.Soliciting or receiving, directly or indirectly, any expenditure
or promise of any office or employment, public or private
B. Purpose of acts
1. To induce anyone or the public in general to vote for or
against any candidate or withhold his vote in the election or
2. To vote for or against any aspirant for the nomination or
choice of a candidate in a convention or similar selection
C. Under RA 6646 (Prosecution of vote-buying/selling)
1. Presentation of a complaint supported by affidavits of
complaining witnesses attesting to the offer or promise by or
the voters acceptance of money or other consideration from
the relatives, leaders or sympathizers of a candidate is
sufficient basis for an investigation by the COMELEC,directly
or through its duly authorized legal officers.
2. Disputable presumption of conspiracy:
Proof that at least one voter in different precincts representing
at least 20% of the total precincts in any municipality, city or
province has been offered, promised or given money,
valuable consideration or other expenditure by a candidate
relatives, leaders and/or sympathizsrs for the purpose of
promoting the election of such candidate.
3. Disputable presumption of involvement
Proof affects at least 20% of the precincts of the municipality,
city or province to which the public office aspired for by the
favored candidate relates. This will constitute a disputable
presumption of the involvement of such candidate and of his
principal campaign managers in each of the municipalities
concerned in the conspiracy
Coercion of a subordinate
A. Who can be held liable
1. public officer
2. officer of a public/private corporation/association
3. heads/superior/administrator of any religious org.
4. employer/landowner
B. Prohibited acts
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Election Law Reviewer
Pauline D. Macas
Coercing, intimidating or compelling or influencing, in any
manner, any subordinates, members, parishioners or
employees or house helpers, tenants, overseers, farm
helpers, tillers or lease holders to aid, campaign or vote for or
against a candidate or aspirant for the nomination or selection
of candidates.
Dismissing or threatening to dismiss, punishing or threatening
to punish by reducing salary, wage or compensation or by
demotion, transfer, suspension etc.
Appointment of new employees, creation of new position,
promotion or giving salary increases:
A. Who can be held liable: Any head/official/appointing officer
of a government office, agency or instrumentality, whether
national or local, including GOCCs.
B. Prohibited acts
1.Appointing or hiring a new employee (provisional, temporary
or casual)
2.Creating or filling any new position
3.Promoting/giving an increase in salary, remuneration or
privilege to any government official or employee.
C. Period when acts are prohibited
1. 45 days before a regular election
2. 30 days before a special election
D. Exceptions
Upon prior authority of COMELEC if it is satisfied that the
position to be filled is essential to the proper functioning of the
office/agency concerned AND that the position is not filled in
a manner that may influence the election
In case of urgent need, a new employee may be appointed.
Notice of appointment should be given to COMELEC within 3
days from appointment.
Prohibition against release, disbursement or expenditure of
public funds
A. Who can be held liable: Any public official or employee
including barangay officials and those of GOCCs/subsidiaries
B. Prohibited acts:
The release, disbursement or expenditure of public funds for
any and other kinds of public works
C. Period when acts are prohibited:
1. 45 days before a regular election
2. 30 days before a special election
D. Exception
maintenance of existing/completed public works project.
work undertaken by contract through public bidding, or by
negotiated contract awarded before the 45 day period before
election
payment for the usual cooperation for working drawings,
specfications and other procedures preparatory to actual
construction including the purchase of material and
equipment and incidental expenses for wages.
Emergency work necessitated by the occurrence of a public
calamity but such work shall be limited to the restoration of the
damaged facility.
Ongoing public work projects commenced before the
campaign period or similar projects under foreign
agreements.
Suspension of elective, provincial, city, municipal or barangay
officer
A. General rule: public official CANNOT suspend any of the
officers enumerated above during the election period.
B. Exceptions
With prior approval of COMELEC
Suspension is for the purpose of applying the Anti-Graft and
Corrupt Practices Act
In relation to registration of voters/voting
Unjustifiable refusal to register and vote
Voting more than once in the same election/voting when not
a registered voter
Voting in substitution for another with or without the latters’
knowledge and/or consent etc.
Other election offenses under RA 6646
Causing the printing of official ballots and election returns by
printing establishments not on contract with COMELEC and
printing establishments which undertakes unauthorized
printing
Tampering, increasing or decreasing the votes received by a
candidate or refusing after proper verification and hearing to
credit the correct votes or deduct the tampered votes
(committed by a member of the board of election inspectors)
Refusing to issue the certificate of voters to the duly
accredited watchers (committed by a member of the BEI)
Person who violated provisions against prohibited forms of
election propaganda
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Election Law Reviewer
Pauline D. Macas
Failure to give notice of meetings to other members of the
board, candidate or political party (committed by the
Chairman of the board of canvassers)

A person who has been declared a nuisance candidate or is

otherwise disqualified who continues to misrepresent himself
as a candidate (Ex. by continuing to campaign) and any public
officer or private individual who knowingly induces or abets
such misrepresentation by commission or omission.

If the chairman of the BEI fails to affix his signature at the back
of the official ballot, in the presence of the voter, before
delivering the ballot to the voter. (under RA 7166)

Prescription of Election Offenses

Election offenses shall prescribe after 5 years from the date

of their commission

If the discovery of the offense is made in an election contest

proceeding, the period of prescription shall commence on the
date on which the judgment in such proceedings becomes
final and executory

Jurisdiction of courts

RTC has exclusive original jurisdiction to try and decide any

criminal action or proceedings for violation of the Code.

MTC/MCTC have jurisdiction over offenses relating to failure

to register or vote.