Cha Mendoza...

Election Law Reviewer

Remedy/ Processes Registration as voter (Regular registration) Jurisdiction Election Registration Board (ERB) Period to file 120/90 days before (regular/special) election Grounds/ purpose/ forms Sworn application before the election officer of the LGU wherein he resides Who may file QUALIFICATIONS (CAR) 1. C: Filipino (regardless how obtained) 2. A: at least 18 yo (except for SK: 15) 3. R: a. Of RP: 1 year min b. Of LGU: 6m before election min 4. If under #1 &2 below, automatically activated DISQUALIFICATIONS 1. Sentenced by final judgment to suffer imprisonment for NOT LESS THAN 1 YEAR (unless plenary pardon/amnesty) 2. Sentenced by final judgment for committing any crime involving: a. Disloyalty to the duly constituted government (rebellion, sedition, violation of firearms law) b. Crime against national security 3. Declared Insane/incompetent by competent authority QUALIFICATIONS: 1. All Filipino citizens abroad 2. Not disqualified (see below) 3. At least 18 y.o. on day of elections DISQUALIFICATIONS 1. Lost their Filipino Citizenship 2. Expressly renounced their Philippine citizenship + pledged allegiance to a foreign country 3. Committed and convicted of a. offense punishable by imprisonment of 1 year min b. Disloyalty under A137,RPC 4. Immigrant/permanent resident who is recognized as such by host country (unless

Overseas Absentee Voter Registration

ERB where they were domiciled COMELEC representative at the Philippine Embassies Consulate Other foreign service establishm ents

COMELEC would prescribe periods for registration after the May 2004 Elections

Only for President VP Senators Partylist Registration should be done in person

Cha Mendoza...Election Law Reviewer

prepare affidavit that he shall resume ACTUAL PHYSICAL PERMANENT RESIDENCE in the RP not later than 3 years from approval of registration + not applied for CITIZENSHIP in another country Previously declared insane/incompetent by competent authority in RP or Abroad Any voter Candidate Representative of a registered political party

5. Challenge application for registration as a voter ERB Not later than 2nd Monday of the month in which the same is scheduled to be heard Anytime not later than 120/90 days (same time with regular registration) Anytime except 105/75 d prior to election 1. In writing 2. State grounds for disqualification: see disqualification of voters 3. Under oath 4. Attached to the application 5. Proof of notice of hearing to the challenger and the applicant Sworn application 1. 2. 3.

Application for reactivation

ERB to the Election officer

Any voter whose registration has been deactivated

Petition for Inclusion (Regular)

Petition for Inclusion (Overseas) Petition for Exclusion (regular)

MTC, Appealable to RTC wn 5 days from receipt of notice (no MR) Still MTC (weird...)

For voters name to be included

Any person whose application has been disapproved whose name has been stricken out from the list Applicant Authorized representative

Petition for Exclusion (overseas) Petition for

MTC, Appealable to RTC wn 5 days from receipt of notice (no MR) Still MTC (weird...)

w/n 5 days from receipt of notice of disapproval Anytime except 100/65 days before election

Sworn petition Give: name address precinct number of the challenged voter

Any registered voter representative of a political party election officer

ERB

Not later than 210 days before the day of the elections Anytime not later

Any interested person

Verified Petition

Voter

Cha Mendoza...Election Law Reviewer

Annulment of Book of Voters than 90 days before an election Notice and hearing Grounds: 1. not prepared in accordance with the provisions of the act 2. prepared through Fraud, bribery, forgery, impersonation, intimidation, force or ANY SIMILAR IRREGULARITY 3. contains data that are statistically improbable Posting of Certified List of voters By ERB 90/60 d before election (cf: peti for inclusion (105/75d and peti for exclusion (100/65d) 90 d before election Election officer Duly registered political party

Registration of PL

COMELEC

Verified petition by president or secretary State desire to participate in the PLS Attach: consti bylaws platform program of government list of officers coalition agreement other relevant information required by COMELEC

Party should represent the marginalized and under represented if Major Political parties, should show that they represent the marginalized and under represented DISQUALIFICATIONS 1. religious denominations and sects (cf: Ang Buhay Partylist: COMELEC & SC held that no proof that they are a religious sect just because one of their nominee is from El Shaddai) 2. those who seek to achieve their goals through VIOLENCE OR UNLAWFUL MEANS 3. those which REFUSE TO UPHOLD & ADHERE TO THE CONSTITUTION 4. Those SUPPORTED BY FOREIGN GOVERNMENTS GROUNDS FOR REFUSAL/CANCELLATION OF REGISTRATION

Cha Mendoza...Election Law Reviewer

Same as 1,2 and 4 Foreign party/organization Violates/fails to comply with laws, rules or regulations relating to elections Declares untruthful statements in its petition Ceased to exist for 1 year Fails to participate in the last 2 preceding elections Fails to obtain at least 2% of the votes cast under the party-list system int he 2 preceding elections for the constituency in which it has registered CF. Ang Ladlad v. COMELEC: note that IMMORALITY is not a ground for disqualification; Court held that COMELEC violated the non-establishment clause when it relied on the Bible and Koran to say that Ang Ladlad was promoting immorality; Also said that there was no specific overt act which was pointed out by COMELEC as IMMORAL Cant hinder freedom of expression absent a compelling state interest Non-discrimination based on UDHR See qualifications and disqualifications of candidates

Filing of Certificates of Candidacy

COMELEC

Substitution of Candidates

COMELEC (in general, for

Start of Election period (90d before election day) but not later than the day before the beginning of the campaign period (90/45d before election day) Not later than MID-DAY of

Sworn Certificate of Candidacy Filed by candidate personally or by his duly authorized representative

Same as regular filing of Certificate of Candidacy

Should belong to and nominated by the same political party

Cha Mendoza...Election Law Reviewer

national positions election day in special occasions see below) Board of Election Inspectors (BEI) for local candidates, if substitution (based on DWD) occurs between day before election day and mid-day of the election day COMELEC w/n 5 days from the last day for the filing of certificates of candidacy X: independent candidate no substitution allowed

Petition to declare a duly registered candidate as a nuisance candidate

Motu proprio or upon VERIFIED petition of an interested party Grounds: 1. Put election process in mockery or disrepute 2. Cause confusion among the voters by the SIMILARITY OF THE NAMES OF TEH REGISTERED CANDIDATES 3. Clearly demonstrate that the candidate has NO BONA FIDE INTENTION TO RUN FOR THE OFFICE, prevent a faithful determination of the true will of the electorate Material representation contained in the Certificate of Candidacy is FALSE -summary proceeding w/ notice Candidate does not possess all the qualifications there are grounds for his disqualification

Any registered candidate for the same office, personally or through an authorized representative

Petition to Deny/Cancel Certificates of Candidacy Petition for Disqualification

COMELEC - Law Department

W/n 5d after the last day for filing of COC Any day after the last day for filing of COC BUT NOT LATER THAN date of proclamation Before election?

Any citizen of voting age Any registered political party, organization or coalition Any citizen of voting age Duly registered political party, organization or coalition

COMELEC - Law Department

Petition to

File with Law

any serious cause such as:

Silent...pwede kasi motu proprio

Cha Mendoza...Election Law Reviewer

Postpone Elections Department of COMELEC; COMELEC en banc decides violence terrorism loss or destruction of election paraphernalia or records force majeure other analogous causes -move the election reasonably close to the date of the election not held/suspended/resulted to failure of election BUT NOT LATER THAN 30 d after cessation of the cause of such postponement 1. Election in any precinct/polling place has not been held on the date fixed on account of Force majeure Violence Terrorism Fraud Other analogous causes 2. Election in any polling place had been suspended before the hour fixed by law for the closing of the voting on account of the enumeration above (FV TFA) 3. After the voting ...and during the preparation and transmission of the election returns ...or in the custody of canvass thereof, such election results in a failure of elect on account of FVTFA Questions -affecting the composition or - proceedings of the Board of Canvassers - correction of manifest errors [deleted w/ the AES] GR: No pre-proc cases on issues/controversies relating to the Generation Printing

Petition to Declare Failure of Elections

File with Law Department of COMELEC; COMELEC en banc decides

On the date of the election?

Silent...pwede kasi motu proprio

Pre-proclamation Petition (note that with Automated Elections, this is the only way preproc controversies go)

Exclusive jurisdiction of the COMELEC BUT `File w/ either: >Board of Canvassers >COMELEC directly

filed immediately when the * BOC begins to act as such is objected to if it comes after the canvassing of the Board *immediately when the

any candidate any registered political party, organization, or coalition of political parties or any accredited partylist group

Cha Mendoza...Election Law Reviewer

proceedings become illegal. Transmission Receipt Custody Appreciation ...of the Election Returns or the Certificates of Canvass X: (Based on the BANAT case) 1. Correction of manifest errors 2. Questions affecting the composition or proceeding of the board of canvassers 3. Determination of the authenticity and due execution of certificates of canvass The canvassed election returns are ...incomplete ...contain material defects ...appear to be tampered with or falsified ...contain discrepancies in the same returns or in other authentic copies thereof [as mentioned in Sections 233, 234, 235, and 236 of this Code] 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 or candidates. *note that the general rule is that as long as the ER looks normal, BOC would not look over the ER... Form: VERIFIED petition GROUND: If the illegality of the proceedings of the BOC is discovered after the official proclamation of the supposed results Sworn Petition

(now irrelevant w/ AES)

File w/ the Board of Canvassers concerned ONLY

any candidate any registered political party, organization, or coalition of political parties

Petition to Annul the Proclamation

COMELEC

w/n 10 days after proclamation day

Same?

Election Protest (barangay)

MeTC/MTC

w/n 10 days after proclamation day

any candidate who -has duly filed a certificate of candidacy and

Cha Mendoza...Election Law Reviewer

(Municipal) (City, Provincial, Regional positions) RTC COMELEC (non-extendible) Grounds: 1. Fraud (e.g. Vote padding) 2. Terrorism 3. Irregularities (e.g. Vote buying) 4. Illegal acts, committed before, during or after the casting and 5. counting of votes (manifest error in the tabulation or tallying of the results during the canvassing) -has been voted for the same office *note: with COMELEC Resolution No. 8804 only the candidate who received the second or third highest number of votes (in a single slot position) was among the next four candidates (in a multi-slot position) ...following the last ranked winner duly proclaimed, may file an election protest any candidate who -has duly filed a certificate of candidacy and -has been voted for the same office
(not sure if Res. No. 8804 affects this. Note that COMELEC doesnt have jurisdiction over election protests against Congressmen, Senators, Prexi and VP)

(Congressmen) (Senate)

HRET SET

w/n 15 days after proclamation

(Prexi and VP)

PET (SC)

w/n 30 days after proclamation

Quo Warranto

Same jurisdiction as Election Protest

w/n 10 days after proclamation

Grounds: 1. Disloyalty 2. Ineligibility of the winning candidate

registered candidate for President or VicePresident of the Philippines ...who received the second or third highest number of votes Any registered voter