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ELECTION: INTRODUCTION AND HISTORY

Chapter 1

Sufrage the right to vote in the election of ocers chosen by the people andin determination of questions submitted to the people; it includes election,plebiscite, initiative and referendum.

Nature o Sufrage:

1. Mere privilege- Not a natural right of the citizens but a mere privilege tobe given or withheld by the lawmaking power subect to constitutionallimitations.

!. oliti!al Rig"t- enabling citizens to participate in the process ofgovernment to assure that it derives its power from the consent of thegoverned.

#oti$g " the act or e#ercise of one$s right to su%rage

Ele!tio$ the means by which the people choose their ocials for a de&niteand ed period and to whom they entrust for the time being the e#ercise of thepowers of government.

%i$&':

1. Regular" one provided by law for election of ocers either nationwide or in

certain subdivisions thereof, after e#piration of the full term of the formermembers; participated in by those who possess the right of su%rage, are nototherwise disquali&ed by law, and who are registered voters.

'he () election is not a regular election because the latter is participated inby youth with ages ranging from 1*+!1 now 1*+1- per R.A. 9164, some ofwhom are not quali&ed voters to elect local or national elective ocials(Paras v. COMELEC).

!. Spe!ial" one held to &ll any vacancy in an oce before the e#piration of the

full term for which the incumbent was elected.

le(i'!ite" the electoral process by which an initiative on the /onstitution isapproved or reected by the people; it also the means by which the voters ina%ected areas consent or obect to the change in the form of local government.

I$itiative" the power of the people to propose amendments to the /onstitutionor to propose and enact legislations through an election called for the purpose.

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Reere$&u) " the power of the electorate to approve or reect legislationthrough an election called for the purpose.

Re!all * a mode of removal of a local elective ocial by the people before theend of his term of oce.

T"eor+ o$ Sufrage prevaili$g i$ t"e "ilippi$e': (u%rage is both a rightand a privilege. 0t is a right because it is the e#pression of the sovereign will ofthe people. 0t is a privilege because its e#ercise is granted not to everybody butto the persons or class of persons as are most likely to e#ercise it for the purposeof the public good.

S+'te) o Ele!tio$ A&opte& i$ t"e "ilippi$e': (ince 121, the 3ustraliansystem, &rst conceived by 4rancis 5utton, a member of the 6egislature of (outh3ustralia. 'he distinguishing feature of the system is ('70/' (8/78/9 0N:366'0N

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A. 1E> /onstitution+su%rage is mandatory. 4ailure to register is an election o%ense.

*. 1-E /onstitution

THE COMMISSION ON ELECTIONS

Chapter 2

uri'&i!tio$

.e$eral Rule: 'he /B868/ sitting en ban does N' have the requisiteauthority to hear and decide election cases in the &rst instance. 'his powerpertains to the divisions of the /ommission. 3ny decision by the /ommission en

banas regards election cases decided by it in the &rst instance is nulland void (Abad v. COMELEC)

E/!eptio$':

1. Fhen what is involved in the case is purely administrative, and not quasi+udicial in nature;

!. Fhen the required number of votes to reach a decision, resolution, order orruling is not obtained in the division (2arvida v. !ales" 3r.)

>. Fhere the petitioner invoked the urisdiction of the /B868/ en ban,participated in its proceedings and sought relief therefrom, in which instance

he is estopped to subsequently question the urisdiction of the /B868/ enban(Ra/ire v. COMELEC);

A. ?etitions for the postponement, declaration of failure of election and thecalling of special elections (Loon v. COMELEC); and

*. 'he /B868/ en ban has the power to prosecute election cases, and in thee#ercise of such prosecutory power, it conducts preliminary investigation,decides whether or not there e#ists a probable cause and &les thecorresponding information in court. (5aelnar v. Peole).

o0er' a$& 1u$!tio$':1. 8nforcement and 3dministration of 8lection 6aws and 7egulations!. ?ower to ensure free, honest, orderly credible and peaceful elections.>. 7ule Baking ?owerA. Guasi+6egislative 4unctions*. Guasi+Cudicial ?owerH. /ontempt and (ubpoenaE. 3u#iliary writs and processes-. (peci&c ?owers

a. ?ower to declare failure of elections

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'wo conditions must concur before the /B868/ can act on a petitionseeking to declare a failure of electionsDi. No voting took place in the precinct or precincts on the date ed by

law, or even if there was voting, the election resulted in failure toelect; and

ii. 'he votes not cast would have a%ected the result of the elections.7ibratn v. Co/ele)

I'he cause of such failure of election could only be any of thefollowingD force maeure, violence, terrorism, fraud, or otheranalogous cases.

b. ?ower to call for special elections 0n ing the date for special elections, the /omelec should see to it thatD

i. 0t should not be later than >2 days after the cessation of the cause ofthe postponement or suspension of the election or failure to elect;and

ii. 0t should be reasonably close to the date of the election not held,suspended or which resulted in the failure to elect. ?angandaman v./omelec

c. ?ower to postpone electionsd. ?ower to correct manifest errors in election documents

Fith the introduction of the ?/( (ystem pursuant to R.A. 9069, every

copy should be as good and as clear as the &rst one. Jence, theproblem of manifest errors might be a thing in the past. (R. Avila"5nda/entals of EletionLa8" . +9 (,1))

e. ?ower to order recanvass of votesf. ?ower to annul or suspend proclamation of

elected candidatesg. ?ower to annul an illegal canvassh. ?ower to transfer polling placesi. ?ower to 'ransfer @enue of /anvassing of

@otes. ?ower to order opening of ballot bo#esk. ?ower to conduct initiative and plebiscite

. ther (peci&c ?owersa. 5eputization of ?eace cersb. 0nvestigatory and ?rosecutorial ?owerc. 5eputization of or 8ndorsement to

?rosecutors

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12. ?ower of e#clusive control and supervision over the 3utomated 8lection(ystem!e. ,6" RA&406)

Sta$&-(+ o0er o COMELEC: 0f it shall no longer be reasonably possible toobserve the periods and dates prescribed by law for certain pre+election acts,the /ommission shall other periods and dates in order to ensureaccomplishment of the activities so voters shall not be deprived of theirsu%rage (!e. ,&" R.A. &406 : !e. ,9 of R.A. 6646" adoted rsant to !e.9" Art. #$%C of the 19&' Constittion).

'his stand+by power, however, does not apply to ing the date of registrationof votes because (ec. - of 7.3. -1-, which provides for a continuingregistration of voters, speci&cally states thatD KNo registration shall, however,be conducted during the period starting one hundred twenty 1!2 daysbefore a regular election and ninety 2 days before a special election.

o0er' NOT .ra$te& to t"e COMELEC:

1. No power to decide questions involving the right to vote!. No power to include and e#clude voters

/urrently, urisdiction to decide controversies on inclusion or e#clusion ofvoters belongs to the Bunicipal 'rial /ourt.

Hi'tor+ o COMELEC

COMELEC was organized under /3 No. H2E enacted on 3ugust !!, 1A2. 'he power to enforce the election laws was originally vested in the

president and e#ercised through the 5epartment of 0nterior. /B868/ was then transformed to a

/onstitutional :ody by virtue of the 1A2 amendments to the 1>*/onstitution which took e%ect on 5ecember !, 1A2.

1E> /onstitution broadened the powers of the /B868/ by making it thesole udge of all election contests relating to election returns, andquali&cations of members of the national legislature and elective provincial

and city ocials. 'he 1-E /onstitution grants the /B868/ the e#clusive original

urisdiction to enforce and administer all laws and regulations relative tothe conduct of elections, plebiscites, initiative, referendum, and recalls,election contests involving regional, provincial and city elective ocials .6oong vs. /B868/

2345 Co$'titutio$

Co/osition;/hairman and two/ommissioners

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2364 Co$'titutio$

Co/osition;/hairman and eight/ommissioners

H for the 3utomation of 8lection (ystem. 'he3utomated Bachines used during the election did not properly read the votes!a'te&7/B868/ issued a minute resolution ordering a manual count. FN theresolution is valid.

'o continue with the automated count would result in a grossly erroneous count.'he resolution merely reinforces the collective e%orts to endow /B868/ withenough power to hold free, honest, orderly, andcredible elections. 6oong vs. /B868/

u&i!ial Re!ou$t

8lection was held; one of the candidates &led a petition to annul the canvass andproclamation due to alleged irregularity in the canvassing. 'he /B868/ issueda resolution annulling the canvass and proclamation.

'he requisites for udicial recount1. 3ppearing to the :oard of /anvassers that discrepancy e#ists.

!. 5iscrepancy is between the copy submitted to the :oard and anotherauthentic copy thereof.

>. 3uthentic copy must also be submitted to the :oard. ?urisima vs. (alanga

E/er!i'e o &i'!retio$

3 coalition of several political parties was awarded the right to have the minorityrepresentation in the :oard of 8lection 0nspectors. =pon the termination of the

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coalition, the /B868/ granted the said right to another political party. FN themodi&cation is valid.

'he /B868/ shall have the discretion to choose the minority inspector. 'he

modi&cation by the /ommission of its ruling awarding the minority inspector toanother party is a legal e#ercise of thediscretion vested. (umulong vs. /B868/

erio& i$ re$&eri$g &e!i'io$

3n election case was &led before the /B868/ en banc. 8n banc failed to renderits decision within 2 days from the date the case was submitted for decision asmandated by law.

FN the decision is still valid.'he /B868/ has numerous cases before it,/onsidering the manpower and logistic limitations, it is sensible to treat theprocedural requirements on deadlines realistically. 3lvarez vs. /B868/

#OTERS AND #OTER RE.ISTRATION

Chapters 3 and 4

8!etions 110 to 14& of the O/nibs Eletion Code have been repealed ormodi&ed to the e#tent that they are inconsistent with the provisions of R.A. &1&9or the *oter=s Reistration At of 1996.

Regi'tratio$ * refers to the act of accomplishing and &ling of a swornapplication for the registration by a quali&ed voter before the election ocer ofthe city or municipality wherein he resides and including the same in the book ofregistered voters upon approval by the 8lection 7egistration :oard R.A. &1&9"

!e 0(a)).

Regi'tratio$ Re!or& " an application for registration duly approved by the8lection 7egistration :oard (R.A &1&9" !e 0 (b)).3ll registration records in a precinct are compiled in a :ook of @oters, which is

generally used by the :oard of 8lection 0nspectors for reference in cases ofconMicts and inadequacies in the posted list of voters.

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Li't o #oter' * refers to an enumeration of names of registered voters in aprecinct duly certi&ed by the8lection 7egistration :oard for use in the 8lection

9uali!atio$' or Sufrage:

(!e. 1" Art. *" Constittion)

1. 4ilipino citizen;!. 3t least 1- years of age;>. 7esident of the ?hilippines for at least one year;A. 7esident of the place where he proposes to vote for at least H months; and*. Not otherwise disquali&ed by law.

0t is incumbent upon one who claims ?hilippine citizenship to prove to the

satisfaction of the court that he is really a 4ilipino. No presumption can beindulged in favor of the claimant of ?hilippine citizenship, and any doubtregarding citizenship must be resolved in favor of the state 2o v.Ra/os)

0n election cases, the /ourt treats domicile and residence as synonymousterms. :oth import not only an intention to reside in a ed place but alsopersonal presence in that place, coupled with conduct indicative of suchintention. 5omicile denotes a ed permanent residence to which whenabsent for business or pleasure, or for like reasons, one intends to returnPndaodaya vCo/ele)

No literacy, property, or other substantive requirement shall be imposed onthe e#ercise of su%rage.

'here e#ists no presumption that a person is entitled to vote and that theburden is in the voter to prove that he has the quali&cations and none of thedisquali&cations prescribed by law (>.!. v.

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1. ?erson convicted by &nal udgment to su%er imprisonment for not less than 1year, unless pardoned or granted amnesty; but right is reacquired upone#piration of * years after service of sentence;

!. ?erson adudged by &nal udgment as having committed any crime involvingdisloyalty to government or any crime against national security; but right isreacquired upon e#piration of * years after service of sentence; and

>. 0nsane or incompetent persons as declared by competent authority.

Regi'tratio$ o #oter'

0n order that a quali&ed elector may vote in any election, plebiscite orreferendum, he must be registered in the permanent list of voters for the city ormunicipality in which he resides (!e. 11+" OEC).

7egistration does not confer the right to vote; it is but a condition precedentto the e#ercise of the right. 7egistration is a regulation, not a quali&cation(?ra v. Abano)

S+'te) o Co$ti$ui$g Regi'tratio$"'he personal &ling of application ofregistration of voters shall be conducted daily in the oce of the 8lectioncer during regular oce hours. No registration shall, however, beconducted during the period starting one hundred twenty 1!2 days before aregular election and ninety 2 days before a special election (!e. &" R.A.&1&9).

/ongress itself has determined that the period of 1!2 days before a regularelection and 2 days before a special election is enough time for the/B868/ to make 366 the necessary preparations with respect to the comingelections includingDi. /ompletion of proect precincts, which is necessary for the proper

allocation of ocial ballots, election returns and other election forms andparaphernalia;

ii. /onstitution of the :oard of 8lection 0nspectors, including thedetermination of the precincts to which they shall be assigned;

iii. 4inalizing the /omputerized @oters 6ist; iv. (upervision of the campaignperiod; and

v. ?reparation, bidding, printing and distribution of @oter$s 0nformation (heet.(uch determination of /ongress is well within the ambit of its legislativepower, which this /ourt is bound to respect. @abataan PartylistReresentative Ray/ond Palatino v.Co//ission on Eletions)

Di';uali!atio$" 'he same grounds for the disquali&cations for su%rage.

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Illiterate or Di'a(le& #oter' " may register with the assistance of the8lection cer or any member of an accredited citizen$s arms; application forregistration may be prepared by any relative within the fourth civil degree of

consanguinity or anity or by the 8lection cer or any member of anaccredited citizen$s arms using the data supplied by the applicant (!e. 14"R.A. &1&9).

3n 0660'873'8 7 50(3:685 ?87(N refers to one who cannot by himselfprepare an application for registration because of his physical disability andorinability to read andwrite !e. 0" R.A. &1&9)

No voter shall be allowed to vote as illiterate or person with disability disabled, unless such fact is indicated in the 85/6 or the @oter$s 7egistration

7ecord (!e. 0" Co/ele#nstrtions to the E#" 7ee/ber ,9" ,9)

Ele!tio$ Regi'tratio$

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a. 3ny person who has been sentenced by &nal udgment to su%erimprisonment for not less than one 1 year, such disability not havingbeen removed by plenary pardon or amnestyD ?rovided, however, 'hat any

person disquali&ed to vote under this paragraph shall automaticallyreacquire the right to vote upon e#piration of &ve * years after service ofsentence as certi&ed by the clerks of courts of the Bunicipal Bunicipal/ircuit Betropolitan 7egional 'rial /ourts and the !andianbayan;

b. 3ny person who has been adudged by &nal udgment by a competentcourt or tribunal of having causedcommitted any crime involving disloyaltyto the duly constituted government such as rebellion, sedition, violation ofthe anti+subversion and &rearms laws, or any crime against nationalsecurity, unless restored to his full civil and political rights in accordancewith law; ?rovided, 'hat he shall regain his right to vote automatically upone#piration of &ve * years after service of sentence;

c. 3ny person declared by competent authority to be insane or incompetentunless such disquali&cation has been subsequently removed by adeclaration of a proper authority that such person is no longer insane orincompetent;

d. 3ny person who did not vote in the two successive preceding regularelections as shown by their voting records. 4or this purpose, regularelections do not include the

!annian @abataan() elections;e. 3ny person whose registration has been ordered e#cluded by the /ourt;

and

f. 3ny person who has lost his 4ilipino citizenship (!e. ,'" R.A. &1&9).

Rea!tivatio$ o Regi'tratio$ " 3ny voter whose registration has beendeactivated pursuant to the preceding (ection may &le with the 8lectioncer a sworn application for reactivation of his registration in the form of anadavit stating that the grounds for the deactivation no longer e#ist any timebut not later than one hundred twenty 1!2 days before a regular electionand ninety 2 days before a special election. 'he 8lection cer shallsubmit said application to the 8lection 7egistration :oard for appropriateaction (!e. ,&" R.A. &1&9).

reparatio$ a$& o'ti$g o t"e Certie& Li't o #oter' * 'he :oard shallprepare and post certi&ed list of voters ninety 2 days before a regularelection and si#ty H2 days before a special election and furnish copiesthereof to the provincial, regional and national central &les. /opies of thecerti&ed list, along with a certi&ed list of deactivated voters categorized byprecinct per barangay, within the same period shall likewise be posted in theoce of the 8lection cer and in the bulletin board of each citymunicipalhall. =pon payment of the fees as ed by the /ommission, the candidates

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and heads of registered political parties shall also be furnished copies thereof(!e. 0" R.A. &1&9).

I$!lu'io$ a$& E/!lu'io$ ro!ee&i$g': /B868/ has no urisdiction to resolvethe issue regarding the right to vote, the same being cognizable by the courts inthe proceedings for the e#clusion or inclusion of voters (Caniosa v. COMELEC).

Co))o$ Rule' .over$i$g u&i!ial

ro!ee&i$g' i$ t"e Matter o I$!lu'io$= E/!lu'io$ a$& Corre!tio$ oNa)e' o #oter' (!e. 0," R.A. &1&9):

a. ?etition for inclusion, e#clusion or correction of names of voters shall be&led during oce hours;

b. Notice of the place, date and time of the hearing of the petition shall be

served upon the members of the :oard and the challenged voter upon&ling of the petition;c. 3 petition shall refer only to one 1 precinct and shall implead the :oard as

respondents;d. No costs shall be assessed against any party in these proceedings.

Jowever, if the court should &nd that the application has been &led solelyto harass the adverse party and cause him to incur e#penses, it shall orderthe culpable party to pay the costs and incidental e#penses;

e. 3ny voter, candidate or political party who may be a%ected by theproceedings may intervene and present his evidence;

f. 'he decision shall be based on the evidence presented and in no case

rendered upon a stipulation of facts. 0f the question is whether or not thevoter is real or &ctitious, his nonappearance on the day set for hearingshall be prima facie evidence that the challenged voter is &ctitious; and

g. 'he petition shall be heard and decided within ten 12 days from the dateof its &ling. /ases appealed to the 7egional 'rial /ourt shall be decidedwithin ten 12 days from receipt of the appeal. 0n all cases, the court shalldecide these petitions not later than &fteen 1* days before the electionand the decision shall become &nal and e#ecutory.

uri'&i!tio$ i$ I$!lu'io$ a$& E/!lu'io$ Ca'e' * 'he Bunicipal and

Betropolitan 'rial /ourts shall have 70

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0t is not within the competence of the trial court, in e#clusion proceedings, todeclare the challenged voter as a resident of another municipality. 'he

urisdiction of the trial court is limited only to determining the right of the

voter to remain in the list of voters or to declare that the challenged voter isnot quali&ed to vote in the precinct in which he is registered, specifying theground forthe voter$s disquali&cation. 7o/ino v Co/ele)

etitio$ or I$!lu'io$ * 3ny person whose application for registration hasbeen disapproved by the :oard or whose name has been stricken out from thelist may &le with the court a petition to include his name in the permanent listof voters in his precinct at any time e#cept one hundred &ve 12* days priorto a regular election or seventy+&ve E* days prior to a special election. 0tshall be supported by a certi&cate of disapproval of his application and proofof service of notice of his petition upon the :oard. 'he petition shall bedecided within &fteen 1* days after its &ling (!e. 04" R.A. &1&9).

etitio$ or E/!lu'io$:3ny registered voter, representative of a politicalparty or the 8lection cer, may &le with the court a sworn petition for thee#clusion of a voter from the permanent list of voters giving the name,address and the precinct of the challenged voter at any time e#cept onehundred 122 days prior to a regular election or si#ty+&ve H* days before aspecial election. 'he petition shall be accompanied by proof of notice to the:oard and to the challenged voter and shall be decided within ten 12 days

from its &ling (!e. 0+" R.A. &1&9).

A$$ul)e$t o o #oter':'he /ommission shall, upon veri&ed petition ofany voter or election ocer or duly registered political party, and after noticeand hearing, annul any book of voters that is not prepared in accordance withthe provisions of this 3ct or was prepared through fraud, bribery, forgery,impersonation, intimidation, force or any similar irregularity, or which containsdata that are statistically improbable. No order, ruling or decision annulling abook of voters shall be e#ecuted within ninety 2 days before an election (!e.09" R.A. &1&9).

'he annulment of the list of voters shall not constitute a ground for a pre+proclamationcontest (>ttal/ v. COMELEC).

Over'ea' A('e$tee #oti$g A!t ?R7A7 32@3

3bsentee voting+ the process by which rati&ed citizen of the ?hilippinesabroad e#ercises theirright to vote. (ec. >

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verseas 3bsentee @oterP refers to a citizen of the ?hilippines who is quali&edto register and vote under this 3ct, not otherwise disquali&ed by

aw, who is abroad on the day of elections. (ec./overageD 3ll citizens of the ?hilippines abroad, who are not otherwisedisquali&ed by law, at least 1- years of age, may vote for ?resident,@ice?resident, (enators, and ?arty+list7epresentatives.

Di';uali!atio$':

(ec. *

1. 'hose who have lost their 4ilipino citizenship inaccordance with ?hilippine laws;

!. 'hose who have e#pressly renounced their ?hilippine citizenship and whohave pledged allegiance to a foreign country;

>. 'hose who have committed and are convicted in a &nal udgment by a courtor tribunal of an o%ense punishable by imprisonment of not less than one1 year, including those who have committed and been found guilty of5isloyalty as de&ned under 3rticle 1>E of the 7evised ?enal /ode, suchdisability not having been removed by plenary pardon or amnesty; ?rovided,however, 'hat any person disquali&ed to vote under this subsection shall

automatically acquire the right to vote upon e#piration of &ve * years afterservice of sentence; ?rovided, further, 'hat the /ommission may takecognizance of &nal udgments issued by foreign courts or tribunals only onthe basis of reciprocity and subect to the formalities and processesprescribed by the

7ules of /ourt on e#ecution of udgments;

A. 3n immigrant or a permanent resident who is recognized as such in the hostcountry, unless heshe e#ecutes, upon registration, an adavit prepared forthe purpose by the /ommission declaring that heshe shall resume actual

physical permanent residence in the ?hilippines not later than three >years from approval of hisher registration under this 3ct. (uch adavitshall also state that heshe has not applied for citizenship in anothercountry. 4ailure to return shall be the cause for the removal of the name ofthe immigrant or permanent resident from the National 7egistry of 3bsentee@oters and hisher permanent disquali&cation to vote in absentia.

*. 3ny citizen of the ?hilippines abroad previously declared insane orincompetent by competent authority in the ?hilippines or abroad, as veri&edby the ?hilippine embassies, consulates or 4oreign (ervice establishments

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concerned, unless such competent authority subsequently certi&es thatsuch person is no longer insane or incompetent.

?ersonal verseas 3bsentee 7egistration. " 7egistration as an overseas absenteevoter shall be done in person. (ec. H

'he embassies, consulates and other foreign service establishments shalltransmit within * days from receipt the accomplished registration forms to the/ommission, after which the /ommission shall coordinate with the 8lectioncer of the city or municipality of the applicant$s stated residence forveri&cation, hearing and annotation in the permanentlist of voters. (ec. H

'he overseas absentee voter shall personally accomplish hisher ballot at theembassy, consulate or other foreign service establishment that has

urisdiction over the country where heshe temporarily resides or at anypolling place designated and accredited by the /ommission. (ec. 1H!

'he overseas absentee voter shall cast his ballot, upon presentation of theabsentee voter identi&cation card issued by the /ommission, within thirty >2days before the day of elections. 0n the case of seafarers, they shall cast theirballots anytime within si#ty H2 days before the day of elections asprescribed in the0mplementing 7ules and

Ca'e Dige't:

Over'ea' A('e$tee #oti$g

?etitioners are dual citizens whose applications for overseas absentee votingpursuant to 'he verseas 3bsentee @oting 3ct were denied by the /B868/due to lack of residency requirement as provided by (ec. 1, 3rt. @ of 1-E?hilippine /onstitution.FN the act of /B868/ is valid.(ection !, 3rticle @ is the e#ception to the residency requirement found in

section 1 of the same article. ?rovided the duals meet the requirements undersection 1 in relation to 7.3. -1-, they should not be denied the right ofsu%rage as an overseas absentee voter. 6ewis vs. /B868/

Regi'tratio$ o voter'

?etitioner sought to direct the /B868/ to conduct a special registration of newvoters within 1!2 days before the Bay 1A, !221

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conducted during the period within 1!2 days before a regular election and 2days before a specialelection. 3kbayan+9outh vs. /B868/

Lo!al A('e$tee #oti$g ?E7O7 256

3ny person who by reason of public functions and duties, is not in hisher placeof registration on election day, may vote in the citymunicipality where heshe isassigned on election dayD ?rovided, 'hat heshe is a duly registered voter. (ec.1

'hirty >2 days before the election, the appropriate head of oce shall submitto the /ommission on 8lections a list of ocers and employees of the oce whoare registered voters, and who, by reason of their duties and functions, will be inplaces other than their place of registration, and who desire to e#ercise theirright to vote, with the request that said ocers and employees be provided withapplication forms to cast absentee ballots in their place of assignment.

'he list and the request shall be under oath. (ec. !

=pon veri&cation of the applications, the /ommission shall transmit the e#actnumber of absentee ballots to the appropriate head of the government oce fordistribution to the applicants. (ec. *

'he voters who cast absentee votes shall vote one week before election day.(ec. -

'he /ommission on 8lections shall canvass the votes cast by absentee votersand shall add the results of the same to the votes reported throughoutthe country. (ec. 12

T"e art+-Li't S+'te) A!t(RA 794):

1. art+ * means either a political party or a sectoral party or a coalition ofparties.

!. oliti!al art+ * refers to an organized group of citizens advocating anideology or platform, principles and policies for the general conduct ofgovernment and which, as the most immediate means of securing theiradoption, regularly nominates and supports certain of its leaders andmembers as candidates for public oce. 0t is a national party when itsconstituency is spread over the geographical territory of at least a maority ofthe regions. 0t is a regional party when its constituency is spread over the

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geographical territory of at least a maority of the cities and provincescomprising the region.

>. Se!toral art+ * refers to an organized group of citizens belonging to any ofthe sectors enumerated in (ection * hereof whose principal advocacy pertainsto the special interest and concerns of their sector.

A. Se!toral Orga$iBatio$ * refers to a group of citizens or a coalition of groupsof citizens who share similar physical attributes or characteristics,employment, interests or concerns.

*. Coalitio$ * refers to an aggrupation of duly registered national, regional,sectoral parties or organizations for political andor election purposes.

Regi'tratio$

Election La Re!ieer

3ny organized group of persons may register as a party, organization or coalitionfor purposes of the party+list system by &ling with the /B868/ not later thanninety 2 days before the election a petition veri&ed by its president orsecretary stating its desire to participate in the party+list system as a national,regional or sectoral party or organization or a coalition of such parties ororganizations (!e. +" R.A.'941).

No votes cast in favor of political party, organization or coalition shall be valide#cept for those registered under the party+list system !e.'" Art. #$%C" 19&' Constittion).

ProsesD

1. 'o acquire uridical personality;!. 'o entitle it to rights and privileges granted to political parties; and>. 'o participate in the party+list system.

2ros 8hih annot be reistered as olitial arties (!e. 0" R.A. '941);

1. 7eligious denominations or sects;!. 'hose who seek to achieve their goals through violence or unlawful means;>. 'hose who refuse to uphold and adhere to the /onstitution; andA. 'hose supported by foreign governments.

2ronds for anellation of reistration ?RA1- S#UC1(!e. 6" RA '941);

1. 0t is a religious sect or denomination, organization or association, organizedfor religious purposes;

!. 0t advocates violence or unlawful means to seek its goal;

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>. 0t is a oreign party or organization;A. 0t is receiving 'upport from any foreign government, foreign political party,

foundation, organization, whether directly or through any of its ocers or

members or indirectly through third parties for partisan election purposes;*. 0t violates or fails to comply with laws, rules or regulations relating to

elections;H. 0t declares untruthful statements in its petition;E. 0t has !eased to e#ist for at least one 1 year; or-. 0t ails to participate in the last two ! preceding elections or fails to obtain at

least two per centum !Q of the votes cast under the party+list system in thetwo ! preceding elections for the constituency in which it has registered.

Ele!tio$ o art+-Li't Repre'e$tative'

Co$'titutio$al rovi'io$:'he party+list representatives shall constitute twentyper centum of the total number of representatives including those under theparty list (!e. + (,)" Art. *#).

T"e art+ Li't S+'te)" 0t is a mechanism of proportional representation in theelection of representatives to the Jouse of 7epresentatives, from national,regional and sectoral parties, organizations and coalitions thereof registered withthe /B868/. 'he ?arty+list system was devised to replace the reserve seatsystem " the very essence of the party " list system is representation by election

(*eterans 5ederationParty v. COMELEC).

No)i$atio$ o art+-Li't Repre'e$tative': 8ach registered party,organization or coalition shall submit to the /B868/ not later than forty+&veA* days before the election a list of names, not less than &ve *, from whichparty+list representatives shall be chosen in case it obtains the required numberof votes. 3 person may be nominated in one 1 list only. nly persons who have given their consent in writing may be named in the

list.

'he list shall not include any candidate for any elective oce or a person whohas lost his bid for an elective oce in the immediately preceding election.

No change of names or alteration of the order of nominees shall be allowedafter the same shall have been submitted to the /B868/ eet; 1.Nominee dies or!. Fithdraws in writing his nomination,>. :ecomes incapacitated in which case the name of the substitute nominee

shall be placed last in the list.

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0ncumbent sectoral representatives in the Jouse of 7epresentatives who arenominated in the party+list system shall not be considered resigned (!etion&" R.A. '641).

9uali!atio$' o art+-Li't Repre'e$tative':

1. Natural+born citizen of the ?hilippines;!. 3 registered voter;>. 3 resident of the ?hilippines for a period of not less than one 1 year

immediately preceding the day of the election;A. 3ble to read and write;*. 3 bona &de member of the party or organization which he seeks to represent

for at least ninety 2 days preceding the day of the election; and

H. 3t least twenty+&ve !* years of age on the day of the election; 0n case of anominee of the youth sector, he must at least be twenty+&ve !* but notmore than thirty >2 years of age on the day of the election. 3ny youthsectoral representative who attains the age of thirty >2 during his term shallbe allowed to continue in oce until the e#piration of his term (!etion 9" R.A.'914).

Ma$$er o #oti$g: 8very voter shall be entitled to two ! votesD1. 4or candidate for member of the Jouse of

7epresentatives in his legislative district; and

!. 4or the party, organizations, or coalition he wants represented in the house of7epresentativesD Provided, 'hat a vote cast for a party, sectoral organization,or coalition not entitled to be voted for shall not be countedD Provided" Bnally,

'hat the &rst election under the party+list system shall be held in Bay 1-(!etion 1" R.A. '941).

T"e 1our ara)eter' i$ t"e "ilippi$e-St+le art+-Li't Ele!tio$ (AA< v.COMELEC);

1. allo!atio$: 'wenty percent of the total number of the membership ofthe Jouse of 7epresentatives is the ma#imum number of seats available toparty+list organizations, such that there is automatically one party+list seat for

every four e#isting legislative districts.

!. A guara$tee& 'eat or a part+-li't orga$iBatio$ gar$eri$g o t"etotal vote' !a't:'he guaranteed seats shall be distributed in a &rst round ofseat allocation to parties receiving at least two percent of the total party+listvotes.

>. roportio$al repre'e$tatio$: 'he additional seats, that is, the remainingseats after allocation of the guaranteed seats, shall be distributed to the

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party+list organizations including those that received less than two percent ofthe total votes.

A. T"e t"ree-'eat !ap. 8ach quali&ed party, regardless of the number of votesit actually obtained, is entitled only to a ma#imum of > seats.

'he formula in the allocation of party+list seat pronounced in *eterans5ederation Party v. COMELEC (2R o. 106'&1" Otober 6" ,) has thusbeen modi&ed.

'he continued operation of the two percent threshold as it applies to theallocation of the additional seats is now unconstitutional because thisthreshold mathematically and physically prevents the &lling up of the

available party+list seats. 'he additional seats shall be distributed to theparties in a second round of seat allocation (aranay Assoiation for ationalAdvane/ent and . 3 party or an organization must not be disquali&ed under (ec. H, 73 EA1;

A. 'he party or organization must not be an adunct of, or a proect organized oran entity funded or assisted by, the government;

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*. 'he party, including its nominees must comply with the quali&cationrequirements of (etion 9"R.A. '941

H. Not only the candidate party or organization must represent the marginalizedand underrepresentedsectors, so also must its nominees;

E. Fhile lacking a well+de&ned political constituency, the nominee must likewisebe able to contribute to the formation and enactment of appropriatelegislation that will bene&t the nation as a whole.

CANDIDATES

Chapter "

Ca$&i&ate " refers to any person aspiring for or seeking an elective publicoce, who has &led a certi&cate of candidacyR and that Kany person who &lescerti&cate of candidacy within Sthe period for &lingT shall only be considered as acandidate at the start of the campaign period for which he &led hiscerti&cate of candidacy. Penera v. Co/ele) 9uali!atio$'

re'i&e$t a$& #i!e- re'i&e$t:

1.Natural+born citizen!.7egistered voter>.3ble to read and writeA.3t least A2 years old on the day of the election*.7esident of the ?hilippines for at least 12 years immediately preceding the day

of the election.(ec.!, 3rt. @00

Se$ator':

1.Natural+born citizen

!.3t least >* yrs. old on the day of the election>.3ble to read U writeA.7egistered voter*.7esident of 7? for not less than ! years immediately preceding the day of the

election(ec. !, 3rt. @0

Di'tri!t Repre'e$tative':

1. Natural+born citizen!. 3t least !* years old on the day of election

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>. 3ble to read and writeA. 7egistered voter in the district in which he shall be elected*. 7esident of the same district for a period of not less than 1 year

0mmediately preceding the day ofelection. (ec. H, 3rt. @0

Se!toral Repre'e$tative':

1. Natural+born citizen!. 3t least !* years old on the day of election>. 3ble to read and writeA. 7esident for a period not less than one year immediately preceding the day of

the election*. :ona &de member of the sector he seeks to represent

.over$or= #i!e-gover$or= Ma+or= #i!e-)a+or=

u$o$g (ara$ga+= Sa$ggu$ia$ ?'g )e)(er'

1./itizen of the ?hilippines;!.7egistered voter in the barangay, municipality, city or province, or, in the case

of a member of the (< panlalawigan, panlungsod or bayan, the district wherehe intends to be elected;

>.7esident therein for at least 1 year immediately preceding the election;A.3ble to read and write 4ilipino or any other local language or dialect;*.n election day, age must at least beD

a!> years " governor, vice+governor, member of the (< panlalawigan, mayor,vice mayor, ormember of the (< panlungsod of J=/;

b!1 years " mayor or vice mayor of 0//, //, or municipalities;1- years " member of the (< panlungsod or (< bayan, or punong barangayor member of the (< barangay 1* but not more than 1- years" ()(ec >, 7.3. E1H2

Guali&cations prescribed by law are continuing requirements and must bepossessed for the duration of the ocer$s active tenure. nce any of the

required quali&cation is lost, his title to the oce may be seasonablychallenged. (5rivaldovs. COMELEC)

'he law does not specify any particular date or time when the candidate mustpossess citizenship unlike that for residence and age. 0t must be possessedupon proclamation or on theday that the term begins 0d.

Di';uali!atio$':

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1. U$&er t"e O)$i(u' Ele!tio$ Co&e:

a. 5eclared as incompetent or insane by competent authority;

b. /onvicted by &nal udgment for subversion, insurrection, rebellion or anyo%ense for which he has been sentenced to a penalty of1- months imprisonment;

c. /onvicted by &nal udgment for a crime involving moral turpitude;d. 3ny person who is a permanent resident of

or immigrant to a foreign country.

!. U$&er t"e Lo!al .over$)e$t Co&e (!e. 4" R.A. '16) 3pplicable tocandidates for local elective oce only (Mano v. COMELEC" sra);

a. 'hose sentenced by &nal udgment for an o%ense involving moral turpitude or

for an o%ense punishable by one 1 year or more of imprisonment, within two! years after serving sentence; 'hose who have not served their sentence by reason of the grant of

probation which should not be equated with service of sentence, should notlikewise be disquali&ed from running for a local elective oce because thetwoyear period of ineligibility does not even begin to run (Moreno v.COMELEC" 2R o. 16&++" Ast 1" ,6).

b. 'hose removed from oce as a result of an administrative case; 3n elective local ocial who was removed from oce as a result of an

administrative case prior to Canuary 1, 1! " the date of e%ectivity of the6ocal

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g. 'he insane or feeble+minded.

>. A&&itio$al .rou$&' or Di';uali!atio$ (!e.

6&" P &&1a. ne who has violated provisions onD

i. /ampaign periodii. 7emoval, destruction of lawful election

propagandaiii. ?rohibited forms of propagandaiv. 7egulation of propaganda through mass media

b. ne who has given money or other materialconsideration to inMuence voters

c. ne who committed acts of terrorism

d. ne who spent election campaign in e#cess allowed by lawe. ne who solicited or received contributionprohibited by law

re'i&e$t:

1. not eligible for any reelection;!. no person who has succeeded as ?resident and served as such for more than

four years shall be quali&ed for election to the same oce at any time. (ec.A,3rt. @00

>.

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!. ne who has been declared by competent authority as insane orincompetent;

>. ne who has been sentenced by &nal udgment for subversion, insurrection,

rebellion, or for any o%ense for which he has been sentenced to a penalty ofmore than 1- months or for a crime involving moral turpitude, unless givenplenary pardon or granted amnesty. (ec. 1!, :? --1 or the mnibus 8lection/ode

.over$or= #i!e-gover$or= Ma+or= #i!e-)a+or= u$o$g (ara$ga+=Sa$ggu$ia$ ?'g )e)(er':

(ec. A1, 7.3. E1H2

1. sentenced by &nal udgement for an o%ense involving moral turpitude or for ano%ense punishable by 1 year or more, within ! years after serving sentence;

!. removed from oce as a result of an administrative case;>. convicted by &nal udgment for violating the oath of allegiance to the 7epublic

of the ?hilippines;A. with dual citizenship;*. fugitives from ustice in criminal and non+political case here and abroad;H. permanent residents in a foreign country or those who have acquired the right

to reside abroad and continue to avail of the same right after the e%ectivity ofthe 6ocal

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!>!

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/B868/ may not, by itself, without proper proceedings, deny due course toor cancel a certi&cate of candidacy &led in due form.

Eetions;1. 3uthority over nuisance candidates!. ?ower to deny due course to or cancel a certi&cate of candidacy under !e.

'&" OEC

Nui'a$!e Ca$&i&ate'D /B868/ may /ot roioor upon petition of aninterested party, refuse to give due course to or cancel a certi&cate ofcandidacy if shown that said certi&cate was &ledD1. 'o put the election process in mockery or disrepute;!. 'o cause confusion among voters by similarity of names of registered

candidates;>. :y other circumstances or acts which demonstrate that a candidate has no

bona &de intention to run for the oce for which his certi&cate ofcandidacy has been &led, and thus prevent a faithful determination of thetrue will of the electorate7

etitio$ to De$+ Due Cour'e or to Ca$!el Certi!ate o Ca$&i&a!+

'he /B868/, upon proper petition, may cancel a certi&cate of candidacy

on the ground that any material misrepresentation contained therein asrequired under (ec. EA of the 8/ is false (!e. '&" OEC), provided that athe false representation pertains to material matter a%ecting substantiverights of a candidate and that b the false representation must consist ofdeliberate attempt to mislead, misinform, or hide a fact which wouldotherwise render a candidate ineligible (!aledo ## v. COMELEC).

'he petition may be &led not later than !* days from the time of &ling of

the certi&cate of candidacy, and shall be decided, after due notice andhearing, not later than 1* days before the election (!etion '& .P. &&1).

Curisdiction over a petition to cancel a certi&cate of candidacy lies with the

/B868/ in division, not with the /B868/ en banc (2arvida v. !ales).

Efe!t o Di';uali!atio$ Ca'e: 3ny candidate who has been declared by&nal udgment to be disquali&ed shall not be voted for, and the votes cast forhim shall not be counted. 0f for any reason a candidate is not declared by &nal

udgment before an election to be disquali&ed and he is voted for andreceives the winning number of votes in such election, the /ourt or/ommission shall continue with the trial and hearing of the action, inquiry, orprotest and, upon motion of the complainant or any intervenor, may duringthe pendency thereof order the suspension of the proclamation of such

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candidate whenever the evidence of his guilt is strong (!e. 6" RA 6646 or theEletoral Refor/s La8 of 19&').

Note that the /B868/ can suspend proclamation only when evidence ofthe winning candidate$s guilt is strong (Codilla" !r. v. 7e *eneia" et. al).

'he use of the word KmayR indicates that the suspension of the

proclamation is merely permissive. 0f the /B868/ does not &nd anysucient ground to suspend proclamation, then a proclamation may bemade (2reo v. COMELEC" sra).

0t is incorrect to say that since a candidate has been disquali&ed, the votes

intended for the disquali&ed candidate should, in e%ect, be null and void.'his would amount to disenfranchising the electorate in whom sovereigntyreside (Ortea v. COMELEC).

'he ineligibility of a candidate receiving maority votes does not entitle theeligible candidate receiving the ne#t highest number of votes to bedeclared elected.

E/!eptio$':

1. 'he one who obtained the highest number of votes is disquali&ed; 3N5!. 'he electorate is fully aware in fact and in law of the candidate$s

disquali&cation so as to bring such awareness within the realm of notorietybut would nonetheless cast their votes in favor of the ineligible candidate.(2reo v. COMELEC" sra).

Ca'e Dige't:

Ter) o oG!e

'he petitioner was duly elected and served ! consecutive terms as BunicipalBayor prior to 1* elections. 0n the 1* elections he was again proclaimedwinner but due to election protest against him, he was removed from ocemonths before the 1- elections. 0n the 1- elections he again ran and won. 3disquali&cation case was &led against him.FN petitioner$s service from 1H to 1- as Bayor may be considered asservice of one full term. 'wo requisites for the disquali&cation must concurD 1.that the ocial concerned has been duly elected for three consecutive terms inthe same local government post; and !. that he has fully served threeconsecutive terms. 'he two requisites are absent. Je cannot be considered ashaving been duly elected and he did not fully serve the term by reason ofinvoluntary relinquishment of oce.6onzanida vs. /B868/

"ilippi$e !itiBe$'"ip

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?rivate respondent &led a petition for disquali&cation alleging that petitioner isnot a citizen of the ?hilippines, :ut an immigrant and resident of =(3. ?etitioneradmitted that he was a naturalized 3merican citizen but he applied for dual

citizenship under 7.3. !!*.FN he may be allowed to run for public oce. 7.3. !!* imposes anadditional requirement on those who wish to seek elective public oce. Je isthus disquali&ed from running for public oce in view of his failure to renouncehis 3merican citizenship.5e

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0mmigration to the =nites (tates constituted an abandonment of respondent$sdomicile and residence in the ?hilippines. Je entered the =nited (tates with theintention to have his residence there permanently as evidenced by the

application for an immigrant$s visa.'o be quali&ed to run for elective oce in the ?hilippines, the law requires thatthe candidate who is a green card holder must have waived his status as apermanent resident or immigrant of a foreign country./aasi vs. /B868/

CAMAI.N= ELECTION ROA.ANDA= CONTRI

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!. ?ublic e#pressions or opinions or discussions of probable issues in aforthcoming election or on attributes of or criticisms against probablecandidates proposed to be nominated in a forthcoming political party

convention (!e. '9" OEC).

0f there is yet no candidate whose interest it is to be promoted or defeated,there is no restriction to any election campaign or partisan political activity.3ccordingly, engaging in partisan political activity in favor of, or against, aperson who has not &led a certi&cate of candidacy is not prohibited.

3 person who &les a certi&cate of candidacy is not a candidate until the startof the campaign period Lanot v. Co/ele)

3 candidate is liable for an election o%ense only for acts done during thecampaign period, not before. 'he law is clear as daylight " any electiono%ense that may be committed by a candidate under any election law cannotbe committed before the start of the campaign period. Penera v. Co/ele)

1air Ele!tio$' A!t

?R7A7 3

La0ul Ele!tio$ ropaga$&a

1. Fritten?rinted Baterials does not e#ceed - V in. width by 1A in. length

!. Jandwrittenprinted letters>. ?osters not e#ceeding ! # > ft., however, > by - ft. streamers are allowed inannouncing a public meeting or rally, at the site and on the occasion of apublic meeting or rally, may be displayed * days before the date of rally butshall be removed within !A hours after said rally.

A. ?rint 3ds*. W page in broadsheets and V page in tabloids thrice a week per newspaper,

magazine or other publication during the campaign periodH. :roadcast Bedia i.e. '@ and 7adioD

a. National ?ositionsD 1!2 minutes for '@ and

1-2 minutes for radio;b. 6ocal ?ositionsD H2 minutes for '@ and 2

minutes for radio.

ro"i(ite& or)' o Ele!tio$ ropaga$&a ?Se!7 @5=

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tinplate+poster, balloons and the like, of whatever size, shape, form or kind,advertising for or against any candidate or political party;

c'o purchase, manufacture, request, distribute or accept electoral propaganda

gadgets, such as pens, lighters, fans of whatever nature, Mashlights, athleticgoods or materials, wallets, shirts, hats, bandanas, matches, cigarettes and thelike, e#cept that campaign supporters accompanying a candidate shall beallowed to wear hats andor shirts or '+shirts advertising a candidate;

d'o show or display publicly any advertisement or propaganda for or against anycandidate by means of cinematography, audio+visual units or other screenproections e#cept telecasts which may be allowed as hereinafter provided; and

e4or any radio broadcasting or television station to sell or give free of charge air

time for campaign and other political purposes e#cept as authorized in this/ode under the rules and regulations promulgated by the

/ommission pursuant thereto

3ny prohibited election propaganda gadget or advertisement shall be stopped,con&scated or torn down by the representative of the /ommission upon speci&cauthority of the /ommission. (ec. >, 1E- 8/, modi&edcampaign period; the second day within the &fth week of the campaign period;and the third day within the tenth weeks of the campaign period !e '.," RA96).

Rig"t to Repl+have the right to reply to charges

published againstthem. 'he reply shall be given publicity by the3ll registered parties and bona &de candidates shall

Ele!tio$ Surve+:'he (upreme /ourt held that !e. +.4 of the 5air EletionsAtprohibiting publication of survey results 1* days immediately preceding anational election and E days before a local election violates the constitutional

rights of speech, e#pression, and the press becauseD 0t imposes a prior restraint on the freedom of e#pression;

0t is a direct and total suppression of a category of e#pression even thoughsuch suppression isonly for a limited period; and

'he governmental interest sought to be promoted can be achieved by meansother than the suppression of freedom of e#pression (!oial Deather !tationv. COMELEC" 2.R. o. 14'+'1 May +" ,1).

COMELEC Spa!e

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'he /B868/ shall procure the print space upon payment of ust compensationfrom at least three > national newspapers of general circulation whereincandidates for national oce can announce their candidacies. (uch space shall

be allocated free of charge equally and impartially among all the candidates fornational oce on three > di%erent calendar daysD the &rst day within the &rstweek of the campaign period; the second day within the &fth week of thecampaign period; and the third day within the tenth week of the campaignperiod (!e. '.1" RA 96).

COMELEC Ti)e

'he /B868/ shall also procure free airtime from at least three > nationaltelevision networks and three> national radio networks, which shall also beallocated free of charge equally and impartially among all candidates fornational oce. (uch free time shall be allocated on three > di%erent calendardays; the &rst day within the &rst week of the newspaper, televeision andorradio station which &rst printed or aired the charges with the same prominenceor in the same page or section or in the same time slot as the &rst statement(!e. 1" RA 96" 5air Eletion At).

E;ual A!!e'' to Me&ia Ti)e a$& Spa!e (ec H, :?

--1

Print advertise/ents shall not eeed oneforth (1-4) ae in broadsheetand one%half (1-,) ae in tabloids thrie a 8eeI er ne8saer" /aaine

or other bliations" drin the a/ain eriod.

ot /ore than one hndred t8enty (1,) /intes of televisionadvertise/ent and one hndred eihty (1&) /intes of radioadvertise/ent 8hether by rhase or donation.

ot /ore than sity (6) /intes of television advertise/ent and ninety(9) /intes of radio advertise/ent 8hether by rhase or donation.

E/it oll'

8#it polls may only be taken subect to the following requirementsD1. ?ollsters shall not conduct their surveys within &fty *2 meters from the

polling place, whether said survey is taken in a home, dwelling place andother places;

!. ?ollsters shall wear distinctive clothing;>. ?ollsters shall inform the voters that they may refuse to answer; andA. 'he result of the e#it polls may be announced after the closing of the polls on

election day, and must clearly identify the total number of respondents, andthe places where they were taken. (aid announcement shall state that thesame is unocial and does not represent a trend.

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8#it polls and the dissemination of their results through mass media

constitutes part of the freedom of speech and of the press. Jence, the

/omelec cannot ban them totally in the guise of promoting clean, honest,orderly and credible elections. A!%C v. COMELEC" 2.R. o. 1004&6"3anary ,&" ,)

Co$tri(utio$+ includes a gift, donation, subscription, loan, advance ordeposit of money or anything of value, or a contract, promise or agreement tocontribute, whether or not legally enforceable, made for the purpose ofinMuencing the results of the elections but shall not include services renderedwithout compensation by individuals volunteering a portion or all of their timein behalf of a candidate or political party. 0t shall also include the use offacilities voluntarily donated by other persons, the money value of which canbe assessed based on the ratesprevailing in the area. (ec. A, :? --1

ro"i(ite& Co$tri(utio$':

1. /ontribution for purposes of partisan political activity shall be made directly orindirectly by any of the followingDa. ?ublic or private &nancial institutions; e#cept, loan made by &nancial

institutions legally in the business of lending money, and in accordancewith laws and regulations and in the ordinary course of business;

b. Natural and uridical persons operating a public utility or in possession of or

e#ploiting any natural resources of the nation;c. Natural and uridical persons who hold contracts or sub+contracts to supply

the government or any of its divisions, subdivisions or instrumentalities,with goods or services or to perform construction or other works;

d. Natural and uridical persons who have been granted franchises,incentives, e#emptions, allocations or similar privileges or concessions bythe government or any of its divisions, subdivisions or instrumentalities,including government+owned or controlled corporations;

e. Natural and uridical persons who, within one year prior to the date of theelection, have been granted loans or other accommodations in e#cess of

?122,222 by the government or any of its divisions, subdivisions orinstrumentalities including governmentowned or controlled corporations;f. 8ducational institutions which have received grants of public funds

amounting to no less than ?122,222.22;g. cials or employees in the /ivil (ervice, or members of the 3rmed 4orces

of the?hilippines; and

h. 4oreigners and foreign corporations.

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0t shall be unlawful for any person to solicit or receive any contribution fromany of the persons or entities enumerated herein (!e.9+" OEC).

!. 0t shall be unlawful for any person, including a political party or public orprivate entity to solicit or receive, directly or indirectly, any aid or contributionof whatever form or nature from any foreign national, government or entityfor the purposes of inMuencing the results of the election (!e 96" OEC).

>. 0t shall be unlawful for any person to hold dances, lotteries, cock&ghts,games, bo#ing bouts, bingo, beauty contests, entertainments, orcinematographic, theatrical or other performances for the purpose of raisingfunds for an election campaign or for the support of any candidate from thecommencement of the election period up to and including election day; or forany person or organization, whether civic or religious, directly or indirectly, tosolicit andor accept from any candidate for public oce, or from hiscampaign manager, agent or representative, or any person acting in theirbehalf, any gift, food, transportation, contribution or donation in cash or inkind from the commencement of the election period up to and

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including election day; e#cept, normal and distinction as to whether thecandidate customary religious stipends, tithes, or collections pursued hiscandidacy or withdrew it. 'he on (undays andor other designated collection

(tate has an interest in seeing that the days, are e#cluded from thisprohibition (!e. 9'" electoral process is clean. ne way ofOEC). attaining the obective is to regulate contributionsand e#penses of candidates.3 candidate who withdrew may have acceptedE/pe$&iture+ includes the payment or delivery of contributions and incurrede#penses. money of anything of value, or a contract, promise or agreementto make an e#penditure, for the purpose of inMuencing the results of theelection. 0t shall also include the use of facilities personally owned by thecandidate, the money value of the use of which can be assessed based onthe rates prevailing in the area. (ec. A, :? --1

Li)itatio$ o$ E/pe$'e':

Ca$&i&ate':'en pesos ?12.22 for?resident and @ice+?resident; and forother candidates

'hree ?esos ?>.22 for every votercurrently registered in the constituencywhere he &led his

Ele!toral Sa(otage- any person or member of the board of election inspectorsor board of canvassers who tampers, increases or decreases the votes receivedby a candidates in any election or any member of the board who refuses afterproper veri&cation and hearing ,to credit the correct votes or deduct suchtampered votesD ?rovided, however, 'hat when the tampering, increase ordecrease of votes or the refusal to credit the correct votes and or to deducttampered to deduct tampered votes are perpetrated on large scale or insubstantial numbers, the same shall be considered not as an ordinary electiono%ense under (ection !H1 of the omnibus election code. :ut a special election

o%ense to be known as electoral sabotage and the penalty to be imposed shallbe life imprisonment.

P'he act or o%ense committed shall fall under the category of electoral sabotagein any of the following instances;

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1Fhen the tampering, increase and or decrease of votes perpetrated or therefusal to credit the correct votes or to deduct tampered votes, isare committedin the election of a national elective oce which is voted upon nationwide and

the tampering, increase and or decrease votes refusal to credit the correctvotes or to deduct tampered votes, shall adversely a%ect the results of theelection to the said national oce to the e#tent that losing candidates is aremade to appear the winners;

!7egardless of the elective oce involved, when the tampering, increase andordecrease of votes committed or the refusal to credit the correct votes or todeduct tampered votes perpetrated , is a accomplished in a single electiondocument or in the transposition of the &gure results from one election

document to another and involved in the said tampering increase andordecrease or refusal to credit correct votes or deduct tampered votes e#ceed &vethousand *,222 votes, and that the same adversely a%ects the true results ofthe election ;

>3ny and all other forms or tampering increases and or decreases of votesperpetuated or in cases of refusal to credit the correcp votes or deduct thetampered votes, where the total votes involved e#ceed ten thousand 12,222votes;

P?rovided &nally; 'hat any and all either persons or individuals determined to beconspiracy or in connivance with the members of the :80s or :/s involved,shall be meted the same penalty of life imprisonment.P (ec. !E

?rosecution. + 'he /ommission shall, through its duly authorized legal ocers,have the power, concurrent with the other prosecuting arms of the government,to conduct preliminary investigation of all election o%enses punishable under

this /ode, and prosecute the same (ec. !H*

Ca'e Dige't:

ropaga$&a )aterial'

?etitioner entered into formal agreements with certain establishments toendorse their products and for the use his name and image. 'hen, he &led his/erti&cate of /andidacy for the position of (enator. /B868/ ordered thepetitioner to remove his billboards and to cover them from public view.

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FN the order of the /B868/ is valid.:y regulating the use of election propaganda materials, the /B868/ is merelydoing its duty under the law. 0f the subect billboards will be allowed, he would

have more opportunity to make themselves known to the electorate, to thedisadvantage of other candidates who do not have the same chance./havez vs. /B868/

Ele!tio$ propaga$&a

?etitioner prayed that (ec. 1!, 7.3. H1>! be declared unconstitutional for itdeclares unlawful to print and publish any advertisement, paid comment or paidarticle in favor of a candidate unless the names of all other candidates are alsomentioned with equal prominence.FN the 6aw is unconstitutional.'he slight limitation of the freedom ofe#pression of the individual, whether candidate or not, is only one of the manydevices employed by the law to prevent a clear and present danger of theperversion and prostitution of the electoral apparatus and of denial of equalprotection of the laws. :adoy, Cr. vs. /B868/

LLLLL?etitioner participated in a motorcade after &ling her /erti&cate of /andidacy.Fon it is considered premature campaigning3 person who &les a // is not a candidate until the start of the campaignperiod. 3 candidate is liable for an election o%ense only for acts during thecampaign period, not before. ?enera vs. /B868/

LLLLL?etitioners brought this action for prohibition to enoin the /ommission on

8lections from enforcing X*.A of 7.3. No. 22H 4air 8lection 3ct, which providesD(urveys a%ecting national candidates shall not be published &fteen 1* days

before an election and surveys a%ecting local candidates shall not be publishedseven E days before an election.

FN said provision is unconstitutional'he /ourt held that X*.A is invalid because 1 it imposes a prior restraint on the

freedom of e#pression, ! it is a direct and total suppression of a category ofe#pression even though such suppression is only for a limited period, and > thegovernmental interest sought to be promoted can be achieved by means otherthan the suppression of freedom of e#pression. (F( vs. /B868/