THE ELECTION

DALUDADO, JEZZA YNNA F.

INES, ANTONIO JR.
ELECTION

• An election is the embodiment of the popular will, the expression of the sovereign will of
the people in the choice or selection of candidates to public office for definite and fixed
periods or in deciding some question of public interest.

• The term in the context of the Constitution, may refer to the conduct of the polls
including the list of voter, the holding of the electoral campaign, and the casting and
counting of votes. It involves every element necessary in ascertainment of the expression
of the popular will.
KINDS OF ELECTION

• GENERAL ELECTION- one provided for by law for the election of offices throughout
the State, or certain subdivisions thereof, after the expiration of the full term of former
officers.
• REGULAR ELECTION- national or local, held at regular intervals on such dates provided
by law.
• SPECIAL ELECTION- provided by law under special circumstances. It may refer to
elections not regularly held to fill vacancy in an unexpired term of office. It also refers to
election held when there is a failure of election.
WHAT IS THE PURPOSE OF AN ELECTION?

• To give people through the qualified voters a direct participation in the affairs of this
government
• It is essential that all the legal voters be permitted, unhampered and unmolested, to cast
their ballots.
CONSTRUCTION OF ELECTION LAWS

• Mandatory and Directive

• laws for the conduct of elections, including rules and regulations promulgated thereto, are mandatory before the election.
• When it sought to enforce them after the election, they are held to be directory only if that is possible, especially where, if they
are held to be mandatory, innocent voters will be deprived of their votes without their fault.
• If the voters honestly casted their ballot, the should not be nullified because the officers in charge have not done their duty.
• If the defect is so fatal as to defeat the spirit and purpose of the law, such provision is mandatory.
• If due to am honest mistake or misrepresentation on the part of the officer in charge, the law will be held directory,
• Statutes in election contests are to be liberally construed to the end that the will of the people in the choice of public officers
may not be defeated by mere technical objections.
AUTHORITY FOR HOLDING AN ELECTION

• Authority so to hold it must be found conferred by the people, either directly through
the Constitution which have themselves ordained, or indirectly, through the enactments
of their legal representative, the legislature.
DATE, TIME AND PLACE OF HOLDING THE
ELECTION
• Date: the second Monday of May, every 3 years (Const. Art.VI, Sec. 8; Art VII, Sec. 4, Par.3)
• Voting Hours: 6 AM – 5 PM (COMELEC Res. No. 10057, Art.V, Sec. 11)
• NB: those who are 30 meters from the polling place by 5PM of the election day may still be
allowed to vote

• Place of Voting: voters shall cast their votes in the polling place designated by the
COMELEC. The poster indicating the clustered precinct number shall be prominently
posted near the door of the polling place.
PLACE OF VOTING

• Election precincts- the units of territory for the purpose of voting. Every barangay as of the
approval of this Act shall have 1 such precinct. It shall not be altered 45 days before the
regular election and 30 days before the special elections.

• Polling place- building or place where the BEI conducts its proceedings and the voters cast
their votes.

• There shall be an express lane for PWDs, Senior Citizens, Heavily Pregnant women, and
escorted detainee voters
NOTICE OF ELECTION

• Substantial compliance
• Stricter in special elections
• Fairly and reasonably be said that the purpose of statute has been carried out

• Sufficiency notice
• It is sufficient when the voters generally have knowledge of the time, place and purpose
POSTPONEMENT OF ELECTIONS

• GROUNDS:
• Terrorism
• Loss or destruction of election paraphernalia or records
• Force majeure
• Other causes that holding a free, orderly, honest elections should become impossible
• COMELEC ha the power to declare postponement of elections.

• DATE OF HOLDING NEW ELECTIONS:

• A date reasonably close to the date of election held, suspended, or which resulted in a failure
but not later than 30 days after the cessation
FAILURE OF ELECTION

• Petition to declare failure of elections is a special action. Extraordinary remedy.

• It is the COMELEC sitting en banc that is vested with exclusive jurisdiction to declare
election failure.

• THERE ARE 3 INSTANCES WHEN FAILURE OF ELECTION MAY BE DECLARED.-

under the Omnibus Election Code, there are only 3 instances. In an election protest,
election is not set aside, and there is only revision or recount of the ballots to determine
the real winner.
IF ON ACCOUNT OF FORCE MAJEURE,VIOLENCE,
TERRORISM, FRAUD, OR OTHER CAUSES:
• No election is held- no election is held on the fixed date;
• Election is suspended- election is suspended before the hour fixed by law for the closing
of the voting.
• Election is held- there is no winner
BOARD OF ELECTION OFFICERS (BEI)

• Composition:
• Chairman; and
• Two members, one of whom shall be designated as poll clerk.
• All shall be public school teachers, with preference to those of permanent appointment

• They shall conduct the election in the polling place of the precinct
OFFICIAL WATCHERS

• Each candidate, duly registered political party or coalition of political parties, associations, or
organizations participating in the party-list system, and duly accredited citizens’ arms, may appoint every
polling place two watchers who shall serve alternately.

• However, candidates for Senator, Member of Sangguniang Panlalawigan, Sangguniang Panlungsod,

Sangguniang Bayan, or ARMM Regional Legislative Assembly, belonging to the same party or coalition,
shall be entitled to one watcher.

• PRINCIPAL POLL WATCHERS- there shall be 6 principal watchers, representing the 6 accredited
political parties, who shall be designated by the Commission upon the nomination of the parties.
CASTING VOTES

• Who may Vote?

• All registered voters whose names appear in the Election Day Computerized Voter’s List
(EDCVL), unless their name is crossed out with an annotation signed by the EO:
• The voter may be transferred to another district, city, municipality; or
• The voter died
ILLITERATE PWD VOTERS

• No voter shall be allowed to vote as PWD or illiterate unless such fact is indicated in the
EDCVL. If so, he may be assisted by:
• Relative within the 4th civil degree of consanguinity or affinity
• Any person of his confidence who belong in his household
• Member of the accredited citizens’ arm or BEI
CHALLENGE BASED ON CERTAIN ILLEGAL ACTS

• Any voter/watcher may challenge any person to vote on the ground:

• Receive or expects to receive, paid, offered, or promised to pay, contributed, offered, or
promised to contribute money, or anything of value or consideration for hos vote or for the
vote of another;
• Made or received a promise to influence the giving or withholding of such vote; or
• Made bet or is interested directly or indirectly in a bet that depends upon the results of the
election.

• The challenged voter my take an oath before the BEI that such acts alleged are not
committed. Otherwise, he shall not be allowed to vote.
PROCEDURE IN CASTING VOTE

• Preliminary Procedures;
• Install the PCOS;
• Initialize the PCOS machine;
• Obtain ballots/identify verification;
• Announcement by the Chairman of Voter’s name;
• Voter shall cast his vote; and
• Insertion of the Ballot into the PCOS Machine.
MANNER OF VOTING

• The voter shall:

• Use a ballot secrecy folder and the marking pen provided by the Commission;
• Fill his/her ballot by fully shading the name of the candidates and the party, organization,
coalition participating in the party-list system of representation of his/ her choice;
• After accomplishing his/her ballot, approach the Vote Counting Machine, insert his/her name in
the ballot entry slot.
THE POLL CLERK/SUPPORT STAFF SHALL:

• Monitor from afar, the VCM screen to ensure that the ballot was successfully accepted;
• Thereafter, whether or not the voter’s ballot was successfully accepted, apply inedible ink
to the voter’s right forefinger nail, or any other nail if to forefinger nail;
• Instruct the voter to return the ballot secrecy folder and marking pen, and then leave the
polling place.
PROCEDURE FOR REJECTED BALLOTS

• In case ballots are rejected by the VCM during the scanning, the BEI shall allow the voter
to refeed the ballot up to 4 times in 4 different orientations. If the ballot is still rejected,
the voter shall return the ballot to the Chairman who shall:
• Distinctly mark the back thereof “REJECTED”;
• Require all members of the BEI to sign at the back thereof; and
• Place the rejected ballot inside the envelope for rejected ballots.

• No replacement ballot shall be issued to a voter whose ballot is rejected by the VCM
except if the rejection of the ballot is not due to the fault of the voter.