election law

Election Law Notes

Outline

1) Commission on Elections 6. Election Day; Casting and Counting

2) Voters and Voter 7. Canvassing and Registration Pre-Proc

3) Elective Officials and 8. Post-Proc. Candidates Election Protest,

Quo Warranto 4) Campaign Annulment and

Election Offense

5) Elections: Postponement and Failure

1) Commission on Elections

Enforcement: All election laws (persons and policies)

Judicial Power: Qualifications, Election Contests, Not suffrage

Jurisdiction: Original - Regional, Provincial and City; Appellate - Municipal, Barangay and Sangguniang Kabataan

Recourse: En Banc (MR, administrative) and Division (1st instance, judicial)

Process: Division - MR to En Banc - Certiorari to SC

1) Commission on Elections

Judicial: Disqualification, Election Protest, Quo Warranto, Pre- Proclamation, Annulment of Proclamation

Administrative: Failure of Elections, Postponement of Elections,

Election Offense, Annulment of Book of Voters

Contempt: Judicial, not Administrative

2) Voters: Concepts

Suffrage is a Right, Not ObligationQualifications defined in ConstitutionProcedural Requirements allowed,

Substantive not allowedDisqualifications defined in StatuteMust allow: Absentee Voting, Dual Citizens,

Disabled and Illiterates to VoteRelationship with Right to Run for Office

2) Voters: Qualifications

Filipino CitizenAt least 18 years of age on election dayResident in Philippines for at least 1 year

prior to election dayResided in place wherein propose to vote for

at least 6 months prior to election dayFree from DisqualificationsIn order to vote, must be a registered voter

2) Voters: Disqualifications

Sentenced by final judgment – imprisonment of 1 year or more

Sentenced to suffer accessory penalty – political rights

Adjudged by final judgment – crime involving disloyalty

Court-declared insane and incompetent persons

2) Voters: Registration

ContinuingComputerized List200 Voter-PrecinctPermanent but may be changed (+ or -): New

Voters; Transfer;Deactivation and Activation; Cancellation;

Inclusion and Exclusion; andAnnulment of Book of Voters

2) Voters: Opposition

Where Oppose? Election Registration Board

How Oppose? File Written Opposition

Why Oppose? Not Qualified, Fictitious

2) Voters: Deactivation

When Disqualified to Vote; Failed to Vote in 2 preceding elections

When Registration Excluded by the Court

When Lose Filipino Citizenship

2) Voters: Inclusion/ Exclusion

Where File? MTC (not Comelec), then RTC

Grounds? Disapproval or Name Stricken Out (Inclusion); Not Qualified or Voter Not Real (Exclusion)

2) Voters: Inclusion/ Exclusion

File Petition (refer to 1 precinct; ERB members as Respondents)

Service of Notice (4 modes)Any Voter, Candidate or Political Party may

InterveneSummary Proceedings (not conference inside

Chambers)Presentation of Evidence (No Stipulation of

Facts)Decision within 10 days from FilingAppeal with RTC (5 days)

2) Voters: Annulment of BV

Where File? COMELEC

Who Files? Any Voter, EO or Party

What Grounds? Book Prepared Improperly, Preparation Attended with Vice or Fraud, Book contains Statistically Improbable Data

2) Voters: Election Day

Illegal VoterNot registered; Use another name;

Disqualified; Multiple Registrant (allowed to vote if properly identified)

Illegal ActVote-Buying; Vote-Selling; Vote-Betting:

Promise to induce or withhold vote (allowed to vote if take oath)

3) Officials: Elective

National OfficePresident; Vice-President; Senators (24; 1/2);

Representatives (District and Party-List)Local OfficeLCE: Governor, Mayor and Punong Barangay;

VLCE: Vice-Governor and Vice-Mayor; Sanggunian Members; Sangguniang Kabataan

3) Officials: Party-List

Multi-Partism/ Party Loyalty/ Social Justice

Exclusive to Marginalized/ Nominees Organic

Only in House (20% of Total)

2% Threshold (and until filled up)

3-Seat Maximum

3) Officials: Candidate

Definition: Seeks public office and files certificate of candidacy

Effect of Non-Filing: Not a candidate (re: liability for unlawful acts and omissions)

Effect of Filing: On Tenure of Incumbents (elective and appointive)

3) Officials: Substitution

2 Grounds – Death, Withdrawal and Disqualification

Both Substituted and Substitute must be QualifiedWhen? Up to mid-day of election day (Rules might

set earlier deadline)Substitute? Qualified and Same Party (or spouse)Substituted can no longer run for any other

position/ Withdrawal not affect liabilitiesVotes cast for substituted stray unless same

surname

3) Officials: Qualifications

Set by the Constitution (for national) and statutes (for local)

CitizenshipAgeResidencyRegistered VoterLiteracyFree from DisqualificationsUndergo Drug Test under CDDA of 2002

(unconstitutional)

3) Officials: Disqualifications

Lack qualifications/ possess some disqualifications

Violate Term Rule (1-2-3 terms)Commission of an election offenseNuisance CandidateSentenced by Final Judgment – accessory penaltyWilfully Commits Material MisrepresentationNo valid, timely and properly filed certificate of

candidacy

3) Officials: Disqualifications

Lack of Qualifications

Where File: Comelec Division

When File: Before Proclamation

If Not File: Quo Warranto

3) Officials: Disqualifications

Election OffenseWhat Offenses? Vote-Buying, Terrorism,

Unlawful Expenditures,Unlawful Campaign, Coercion of

Subordinates, Threats, Prohibition against Release of Public Funds

Where File? Comelec DivisionWhen File? Before ProclamationIf Not File? Election Protest and/ or Election

Offense

3) Officials: Disqualifications

Nuisance CandidateWho Is? Campaign Capability, Intention,

Performance, Exposure, Platform, Party Affiliation, Organization, Profession, Income, Health, Education, Name

Where File? Comelec DivisionWhen File? Within 5 days from Last Day

Filing of Certificate of CandidacyIf Not File: No remedy

3) Officials: Disqualifications

MisrepresentationMisrepresentation must be Material (pertains

to Qualifications and Disqualifications) and Willful/ Deliberate; Even if there is ‘Misrepresentation”, if actually Qualified – Not Disqualified

Where File? Comelec DivisionWhen File? 25 days from Filing of CoCIf Not File: No remedy

4) Campaign: Concept

Definition: Act designed to promote or defeat a candidate

Determining Factor: Intent/ Design (not all acts of beneficence are considered campaigning)

Application: All Candidates for All Elective Offices

Current Framework: Regulated but Liberalized

4) Campaign: Allowable Forms

Forming OrganizationsHolding RalliesMaking SpeechesDistributing Campaign MaterialsSoliciting VotesPublishing Advertisements

4) Campaign: Propaganda

Paid Political AdvertisementsFree Space and AirtimeUse of Gadgets and BillboardsPrivate Poster AreasPosting in Private PlacesElection Surveys and Exit Polls

4) Campaign: Written Forms

Printed Materials (8.5”Wx14”L)

Letters

Posters (2’x3’), Poster Areas (12’x16’)

Rally Streamers (3’x8’)

4) Campaign: Paid Ads

Print: 1/4th page in broadsheet, ½ in tabloid 3x a week

Television: 120 minutes (for national) and 60 minutes (for local)

Radio: 180 minutes (for national) and 90 minutes (for local)

5) Elections: Postponement

Grounds: Force majeure, Violence, Terrorism, Loss or Destruction of Election Paraphernalia, and Analogous Causes

Extent: Serious and Impossible to have free and orderly elections

Conditions: Grounds must exist before voting

Authority: Comelec en banc (petition or motu propio)

5) Elections: Failure

Grounds: Force majeure, Violence, Terrorism, Fraud, and Analogous Causes

Extent: Failure to elect and affect results of elections

Conditions: Election not held or suspended, After voting, During preparations or transmission of election returns, Canvassing

Authority: Comelec en banc (petition)

6) Election Day: Pre-Casting

Polling Places are OpenedElection Paraphernalia and Book of Voters

Presented and Examined in PublicBEI Chair Opens Ballot Box (turn upside

down)BEI Locks Ballot BoxBEI Chair and Poll Clerk Sign at the Back of

Each BallotWatchers Present their Credentials

6) Election Day: Casting

Voters Vote in Order of their Entrance

Voter Approaches BEI Chair

BEI Verifies Identity

BEI Chair Announces Name (Voter may be Challenged: Illegal Voter or Illegal Acts)

Voter Signs in EDCVL

BEI Chair Enters Ballot Number in EDCVL

6) Election Day: Casting

BEI Chair Signs at the Back of BallotBEI Chair Delivers 1 Ballot to VoterVoter Proceeds to Voting Booth (If Voter

spoils ballot, must be surrendered and given another)

Voter Delivers Folded Ballot to BEI ChairVoter Affixes Thumbmark in CouponBEI Chair Verifies Ballot NumberVoter Affixes Thumbmark in EDCVL

6) Election Day: Casting

Chair applies indelible ink on right forefinger nail of voter

BEI Chair Signs EDCVL

BEI Chair Detaches Coupon and Deposit Folded ballot in Compartment for Valid Ballots and Coupon in Compartment for Spoiled Ballots

Voter Departs

6) Election Day: Counting

Counting in Public and Without InterruptionBallot Box Opened and Ballots CountedExcess Ballots Disposed ofMarked Ballots Ascertained and Not CountedBallots Unfolded, then Placed in Piles of 100, then

Read Ballots of 1stPile 1-by-1, BEI Chair Affixes Thumbmark, Totals

after Reading of eachPileDuring Counting, Chairperson reads names, Poll

Clerk Records onElection Returns, 3rd Member Records on Tally

Board

6) Election Day: Counting

Rules on Appreciation Followed (Objections may be made)

Valid Ballot

Intent Rule

3 Ss: Surname, Sitting Official (Incumbent) and Slate

Distinguish Stray Vote and Invalid Ballot

6) Election Day: Counting

Proclamation of Results (Alterations and Corrections can be made before Announcement)

Sealing of Counted Ballots and Election Returns and Certification of Tally Sheet

Issuance of Certificate of Votes

Delivery of Ballot Boxes and Election Paraphernalia to Local Treasurer

7 Copies of Election Returns Distributed

7) Canvassing: Concepts

Collegial Body: Board of Canvassers

Determination: Due execution and authenticity of ERs and CoCs

Scope: Canvassing, Pre-Proclamation Controversies or Manifest Errors,

and Proclamation

7) Canvassing: Pre-Proc

Grounds Exclusive (BoC Composition/ Proceedings and ER/ CoC)

No Pre-Proclamation Cases for National Positions (only Manifest Errors)

Face of Election Returns (No evidence aliunde)

Not violence, voting, voters, appreciation of ballots

2-Objection Rule: Verbal then Written

7) Canvassing: Pre-Proc

ER/ CoC Delayed or Destroyed

Delayed (retrieval)

Lost or Destroyed (use other copies; with Comelec authority

7) Canvassing: Pre-Proc

Material Defects

Material Defects: Name of Candidate Omitted, or Votes of Candidate

Omitted (BEI to correct or recount)

Formal Defects: Not Sealed with Inner Paper Seal, No Outer Paper Seal/ Seal Broken, # of Registered Voters Not Stated, No Closing Signature by BEI, Not Signed by Watchers

7) Canvassing: Pre-Proc

ER/ CoC Falsified/ Spurious

Grounds: Not Signed by BEI, Prepared by Non-BEI, No Security Markings, Prepared by BEI under Duress, or Contain Erasures (affect integrity)

Recourse: use other copies or recount

7) Canvassing: Manifest Errors

Any Palpable Error

Copies of ER tabulated more than 1x

2 Copies of ER tabulated separately

Mistake in adding

Mistake in copying of figures in statement of votes

ERs from non-existent precincts canvassed

8) Post-Proc: Election Protest

Grounds: Fraud and Irregularities in Casting, Counting and Canvassing

Documents in Question: Ballots, ERs and CoCsVenue: P/VP; Senators; Representatives; Regional;

Province; City;Municipality; BarangayRequirements: Filed by candidate; Within period;

Protestee proclaimed; Payment of filing fee; Allegations of fraud; Identify precincts; Verified; Certificate of non-forum shopping

Procedure: Revision; TrialIf prosper: protestee removed, true winner

proclaimed

8) Post-Proc: Quo Warranto

Grounds: Disloyalty to Republic; Ineligibility

Venue: Same as Election Protest

If prosper: Respondent ousted; special elections or succession

8) Post-Proc: Annulment

Grounds: Proclamation based on irregular and illegal canvass

Venue: Comelec division

Effect: Proclamation annulled

8) Post-Proc: Election Offense

Grounds: Violation of Election Code, Commission of Prohibited Acts

Investigation: Law Department or Prosecutors

Venue: Regional Trial Court

Effect: Disqualification, Fine/ Imprisonment