barops09 - election law

7/31/2019 BarOps09 - Election Law

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Political Law Summer Reviewer

ATENEO CENTRAL BAR OPERATIONS2009ELECTION LAW

ELECTION - Embodiment of the popular will, theexpression of the sovereign power of the people.

OBJECTIVE OF Election LAWS:CODE: HOPETo provide:

1. HONEST

2. ORDERLY

3. PEACEFUL ELECTIONS

COMPONENTS:1. Choice or selection of candidates to public office

by popular vote2. Conduct of the polls3. Listing of votes4. Holding of Electoral campaign5. Act of casting and receiving the ballots from the

voters6. Counting the ballots7. Making the election returns8. Proclaiming the winning candidates

REGULAR ELECTION - Participated in by those whopossess the right of suffrage and not disqualified bylaw and who are registered voters

SPECIAL ELECTION - Held when there is failure ofelection on the scheduled date of regular election in aparticular place or which is conducted to fill upcertain vacancies, as provided by law.

ELECTION PERIOD - 90 days before the day of the

election and shall end 30 days thereafter.

CONSTRUCTION OF ELECTION LAWSLaws for Conduct

Of ElectionsBEFORE the election:

MANDATORYAFTER the election:

DIRECTORY

Laws forCandidates

MANDATORY and STRICTLYconstrued

Procedural Rules LIBERALLY construed in favorof ascertaining the will of the

electorate

INITIATIVE - The power of the people to proposeamendments to the Constitution or to propose andenact legislations through an election called for thepurpose

INDIRECT INITIATIVE - The exercise of initiative bythe people through a proposition sent to Congress orthe local legislative for action

SYSTEMS FOR INITIATIVE:

1. Constitution - Petition proposing amendments

2. Statutes - Petition proposing to enact a nationallegislation

3. Local Legislation - petition proposing to enact a

regional provincial, city, municipal or barangaylaw, resolution or ordinance

PLEBISCITE - Electoral process by which an initiativeon the Constitution is approved or rejected by thePeople

REFERENDUM - The power of the electorate toapprove or reject a legislation through an electioncalled for the purpose

CLASSES OF REFERENDUM

1. Referendum on Statutes Petition to approve

or reject an act or law or part thereof passed byCongress

2. Referendum on Local Law - Petition to approve

or reject a law, resolution or ordinance enactedby regional assemblies and local legislativebodies

INITIATIVE REFERENDUMLaw-making by thepeople themselves

without the participation

and against the wishesof their electedrepresentatives

Consists merely of theelectorate approving orrejecting what has been

drawn up or enacted bya legislative body

The process and votingis more complex

The voters simply writeyes or no on the

ballot

RECALL - Power of the electorate (registered voters)to remove a local elected official for loss ofconfidence through the holding of a special/recallelection

NEW RULES ON RECALL:

1. Can only be initiated through a popular petition2. The minimum number of supporting signatures ofvoters is dependent on the voting population ofthe local government concerned:

1. 25% - more than 20K but not less than 5K

2. 20% - at least 20K but not more than 75K

3. 15% - at least 75K but not more than 300K

Advisers: Atty. Alberto Agra, Atty. Sedfrey Candelaria; Heads: Mark Calida, Herschel Que;Understudy: Ayen Qua; Volunteers: Julius Acosta, Austin Alcantara, Lesley Claudio, Miguel Dimaculangan,Sam David, Sienna Flores, Pancho Galman, Anmau Manigbas, Aubs Martin Byron Perez, Jaymie Reyes, Kris

Sta. Maria, Tel Virtudez, Myra Yacapin


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ATENEO CENTRAL BAR OPERATIONS20094. 10% - more than 300K

LIMITATIONS:

1. No recall shall take place within 1 year from the

date of ASSUMPTION of office of the officialconcerned

2. No recall shall take place within 1 year

IMMEDIATELY PRECEDING a regular local election

REGULAR LOCAL ELECTION - The election wherethe office held by the local election official sough tobe recalled will be contested and filled by theelectorate, and not the SK election.

NOTE: There was a FAILURE TO ELECTwhen nobodycan be declared as a winner because the will of themajority has been defiled and cannot be ascertained.WHEN FAILURE OF ELECTIONS MAY BEDECLARED:

1. Election in any polling place was NOT HELD on

the date fixed

2. Election was SUSPENDED before the HOUR fixed

by law for the CLOSING of the voting (3 PM)

3. Elections RESULUTS in a failure to elect (after the

voting and during the preparation andtransmission of the election returns or in thecustody or canvass thereof)

CONDITIONS ANNUL AN ELECTIONCODE: WIG

1. WINNER cannot be determined

2. ILLEGALITY must affect more than 50% of the

votes cast

3. GOOD VOTES cannot be distinguished from the

bad votes

POSTPONEMENTOF ELECTIONS

FAILUREOF ELECTIONS

Grounds Any SERIOUScause of:

1. Force

majeure

2. Violence

3. Terrorism

4.LOSS ORDESTRUCTIONOF ELECTIONPARAPHERNALIA

5. Analogous

1.Force majeure2.Violence3.Terrorism4.LOSS OR

DESTRUCTIONOF ELECTIONPARAPHERNALIA

5.Analogous

Extent ofCause

Serious andimpossibility to

Failure to electand affects results

have free andorderly elections

of elections

Conditions

Grounds mustexist BEFORE

VOTING

Grounds mayoccur anytime

BEFOREPROCLAMATION

Authority Majority vote of COMELEC EN BANC

Procedural

Require-ments

1. Verified

petition by anyinterestedperson OR motuproprio byCOMELEC enbanc

2. Due notice

3. Hearing

1. Verified

petition by anyinterestedperson (may notbe done motupropio)

2.Due notice3.Hearing

Effect if

PetitionGranted

1. Election ispostponed

2. Conduct

electionsreasonably closeto elections notheld, but notlater than 30days fromcessation ofcause

1.Declaration offailure ofelections

2.Holding or

continuation ofelectionsreasonably closeto elections notheld, but notlater than 30days fromcessation ofcause

SUFFRAGE

SUFFRAGE - The right to vote in the elections.

1. As a RIGHT - The expression of the sovereignwill of the people.

2. As a PRIVILEGE - Not granted to everybody butto such persons as are most likely to exercise itfor the purpose of the public good. It is subject tosubstantive and procedural requirements.

NOTE: The right to vote is different from the right toregister. A person may register even before he is 18years old, but must be at least 18 years old on theday of the election.

QUALIFICATIONS:1. Filipino citizen2. at least 18 years of age3. has resided in the Philippines for at least 1 year4. has resided in the place where they propose to

vote for at least 6 months immediately precedingelection

5. free from disqualifications




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ATENEO CENTRAL BAR OPERATIONS2009

NOTES:1. These qualifications are continuing requirements.2. Congress may not add qualifications but can

provide for procedural requirements anddisqualifications. However, the disqualificationsmust not amount to qualifications.

RESIDENCE - Ones domicile or legal residence. It iswhere a party actually or constructively has hispermanent home, or where he, no matter where hemay be found, eventually intends to return andremain.

DISQUALIFICATIONS:

1. Sentenced by FINAL judgment to suffer

IMPRISONMENT NOT LESS THAN 1 YEAR

2. Adjudged by final judgment by a competent court

of having committed any crime involvingDISLOYALTY to the duly constituted governmente.g. rebellion or crimes against national security

NOTE: For (1) and (2):1. Disqualification may be removed by plenary

pardon or amnesty2. Reacquire the right to vote upon expiration of

5 years after service of sentence

3. INSANE or INCOMPETENT persons as declared by

competent authority

NEW SYSTEM OF REGISTRATION - Continuingregistration of voters whereby application forregistration of voters shall be conducted daily in theoffice of the Election Officer during regular officehours and all applications for registration shall beheard and processed on a quarterly basis by the ERB.

NOTES:

1. Each precinct shall have no more than 200 voters

and shall comprise contiguous and compactterritories except when precincts are clustered.

2. No Election Officer shall hold office in a particular

city/ municipality for more than 4 years.COMELEC has the authority to effect transfer.

3. No registration shall be conducted during the

period starting 120 days before a regular election

and 90 days before a special election.

BOOK OF VOTERS - Classified as permanentwhereby each precinct shall have a permanent list ofall registered voters residing within the territorialjurisdiction of that precinct.

ALTERATION OF BOOK OF VOTERSCODE: DECANT

1. DEACTIVTION/ Reactivation

2. EXCLUSION/ Inclusion

3. CANCELLATION of registration in case of death

4. ANNULMENT of book of voters

5.NEW VOTERS

6. TRANSFER of residence

DEACTIVATION - Removal from the registrationrecords of persons from the precinct book of votersand place the same, properly marked and dated inindelible ink, in the inactive file after entering thecause of deactivation.

GROUNDS FOR DEACTIVATION:

1. Those which would disqualify you as a voter:

1. Convicted by final judgment to suffer

imprisonment not less than 1 year

2. Disloyalty

3. Insanity

2. Others:

1. Loss of citizenship

2. Failed to vote for 2 successive preceding

regular elections

3. Registration was ordered excluded by the

court

POST-APPROVAL REMEDIES1. Annulment of Book of Voters2. Petition for Inclusion

3. Petition for Exclusion

GROUNDS FOR ANNULMENT OF BOOK OFVOTERS:

1. Not prepared in accordance with law

2. Prepared throughCODE: F3I2BS2

1. FRAUD

2. FORGERY

3. FORCE

4. INTIMIDATION

5. IMPERSONATION

6. BRIBERY

7. SIMILAR irregularity

8. Contains data that are STATISTICALLY

improbable

Jurisdiction in Inclusion/ Exclusion cases




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ATENEO CENTRAL BAR OPERATIONS20091. The municipal and metropolitan trial courts shall

have original and exclusive jurisdiction over allmatters of inclusion and exclusion of voters fromthe list in their respective municipalities or cities.

2. Decisions may be appealed to the RTC within 5days from receipt of notice of decision.

3. RTC will decide the appeal within 10 days.

Decision is final and executory.

INCLUSION CASES EXCLUSION CASESMay be filed any time

EXCEPT 105 days beforeregular elections or 75

days before specialelections

May be filed any timeEXCEPT 100 days beforeregular elections or 65

days before specialelections

Grounds:

1. Application for

registration has beendisapproved by theboard

2. Name has been

stricken out

Grounds:

1.Not qualified or

possessingdisqualification

2. Flying voters

3.Ghost voters

Requires a swornpetition

OVERSEAS ABSENTEE VOTING ACT - Ensuresequal opportunity to all qualified citizens of thePhilippines abroad to exercise their right to vote inthe national elections.

1. DOMESTIC ABSENTEE VOTING - Public officials

stationed in places other than the place where heis a registered voter are allowed to vote in theplace of their work.e.g. police officers, military personnel,schoolteachers

2. OVERSEAS ABSENTEE VOTING - Qualified

Filipinos abroad may be allowed to vote under asystem congress will provide.

QUALIFICATIONS:

1. Filipino citizen

2. At least 18 years of age3. Free from disqualifications4. Must file an affidavit expressly declaring:

1. Intention to resume actual, physical,

permanent residence within 3 years fromapproval of registration

2. Has not applied for citizenship in another

country

5. Registered overseas absentee voters

6. Has an approved application to vote in absentia

NOTE: The requirement of actual residency isdispensed with.

DISQUALIFICATIONS:

1. Sentenced by FINAL judgment to sufferIMPRISONMENT NOT LESS THAN 1 YEAR

2. Adjudged by final judgment by a competent courtof having committed any crime involvingDISLOYALTY to the duly constituted governmente.g. rebellion or crimes against national security

NOTE: For (1) and (2):1. Disqualification may be removed by plenary

pardon or amnesty2. Reacquire the right to vote upon expiration of

5 years after service of sentence3. INSANE or INCOMPETENT persons as declared by

competent authority

4. Those who have LOST their Filipino citizenship

5. those who have EXPRESSLY RENOUNCED

expressly renounced their Philippine citizenshipand who have pledged allegiance to a foreigncountry

6. An IMMIGRANT or PERMANENT RESIDENT, unless

he executes an affidavit stating expresslydeclaring:

1. Intention to resume actual, physical,

permanent residence within 3 years fromapproval of registration

2. Has not applied for citizenship in another

country

ACT EFFECT

1. Failure toundertakeaffidavit

1. removal of name from the list

2. permanent disqualification

2.Failure toundertakeaffidavit yetvoted

Imprisonment of not less than1 year

3.Failure toresumeresidency

Removal of name from list

4.Failure toresumeresidency yetvoted

Imprisonment of not less than1 year

DUAL CITIZENSHIP LAW - Former NATURAL-BORNFilipino citizens who acquired foreign citizenshipthrough naturalization are deemed not to have lost




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ATENEO CENTRAL BAR OPERATIONS2009their Philippine citizenship under conditions providedin this act.

DERIVATIVE CITIZENSHIP - The unmarried child,whether legitimate, illegitimate, or adopted, under 18years of age, of those who re-acquire Philippinecitizenship under the Dual Citizenship Law shall be

deemed citizens of the Philippines.

REQUIREMENT FOR NATURALIZED CITIZENS:

1. VOTE - Swear an oath of allegiance

2. ELECTED TO PUBLIC OFFICE - Renounce

foreign citizenship

3. APPOINTED TO PUBLIC OFFICE - Swear an

oath of allegiance to the AND renounce foreigncitizenship

QUALIFICATIONS/ DISQUALIFICATIONS

There is no constitutional right to run for or holdpublic office. What is recognized is merely aprivilege subject to limitations imposed by law.Pamatong v. COMELEC (G.R. No. 161872) (April13, 2004)

NOTE: Congress may not add to the qualifications forelective officials provided in the Constitution.However, they may for elective officials not providedin the Constitution.

CONDITIONS FOR THE 3-TERM BAN:

1.The official has been elected for 3 consecutiveterms in the same local government post

2. Fully served 3 consecutive terms

3. Elected in a regular election

NOTE: The 3-term ban applies only for elective localofficials.

SERVICE OF FULL TERM:

1. When a municipality has been converted to a

city, and the area and inhabitants of the localityare the same, and the 3-term municipal mayorcontinued to hold office until such time as city

elections are held2. Where an incumbent mayor loses in election

protest but the decision of the RTC waspromulgated AFTER the service of the term.

NOT SERVICE OF FULL TERM:

1. Fills up a higher office (by succession or

operation of law)

2. Suspended from office (failed to serve full term)

3. Unseated, in order to vacate by reason of

declaration of failure of election or an electionprotest

4. Served unexpired term after winning in the recall

elections5. Assuming a local government post (even if served

for 3 consecutive terms) after winning a recallelection (since not considered an immediate re-election)

HOLD OVER PRINCIPLE - The term of all localofficials is 3 years, but Sec. 5 of R.A. 9164 authorizesthe hold-over of incumbent barangay officials untiltheir successors are elected.

GENERAL RULE: In the Philippines all electiveofficials are elected by plurality vote.EXCEPTION: Party-list representatives are elected

through proportional representation.

GROUNDS FOR SUBSTITUTION:1. Death2. Withdrawal3. Disqualification

GENERAL RULE: No substitution is allowed for anindependent candidate. Only candidates who aremembers of and are nominated by a party can besubstituted.EXCEOTION: A candidate for a barangay electiveoffice notwithstanding the policy that barangayelections are non-partisan can be substituted byhis/her spouse. Rulloda v. COMELEC (G.R. No.

154198) (January 20, 2003)

RULES ON SUBSTITUTION:1. Any candidate may withdraw his candidacy

anytime before election day.

2. A person without a valid certificate of candidacy

cannot be considered a candidate and thereforecannot be substituted.

3. Substitute candidate may file his certificate ofcandidacy no later than mid-day of election day.

4. No person who has withdrawn his candidacy for aposition shall be eligible as a substitute candidatefor any other position.

5.The substitute candidate must be qualified tohold office and must be a member of andnominated by the same political party.

6. A public office is personal to the public officer and

not a property transmissible to the heirs upondeath. The Court has allowed substitution andintervention but only by a real party in interest.The Protestants widow is not a real party ininterest to the election protest.




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ATENEO CENTRAL BAR OPERATIONS20097. The filing of the withdrawal shall not affect the

civil, criminal or administrative liabilities thesubstituted candidate may have already incurred.

8. n case of valid substitutions, votes cast forsubstituted candidates are considered stray,except if the substitute candidate has the samesurname.

CANDIDATE - A person aspiring for or seeking anelective public office who has filed by himself orthrough an accredited political party a certificate ofcandidacy.

RULES ON FILING CERTIFICATES OFCANDIDACY:

1. No person shall be elected into public office

unless he files his COC within the prescribedperiod.

2. No person shall be eligible for more than oneoffice. If he files more than 1 position, he shallnot be eligible for all unless he cancels all and

retains one.3. The COC shall be filed by the candidate

personally or by his duly authorizedrepresentative. No COC shall be accepted if filedby mail telegram or facsimile.

4. Upon filing, an individual becomes a candidate.

Thus, he is already covered by rules, restrictionsand processes involving candidates.

5. The receiving officers shall have the ministerial

duty to receive and acknowledge receipt of theCOC.

6. A COC will not be cancelled even if it failed to

specify the position sought if the information

omitted is supplied in the certificate ofnomination and amended COC.

EFFECT OF FILING OF COC ON INCUMBENTS:APPOINTIVE - Considered ipso fact resigned fromoffice upon filing of the COCELECTIVE - Continue to hold office, whether they runfor the same or different position.

INDEPENDENT CANDIDATES:

1. NOT A MEMBER of a registered political party

2. MEMBER of an UNREGISTERED political party

3. MEMBER of a registered political party but NOT

OFFCIALLY NOMINATED as candidate by saidparty

4. NOMINATED by a person who is NOT the duly

AUTHORIZED representative of a registeredpolitical party

5. NOMINATED by a registered political party but

such was NOT SUBMITTED to the COMELEC or

where such nomination was submitted AFTER thelast day of filing of the certificate of candidacy

6. NOMINATED by a party that nominated IN

EXCESS of the number of persons to be voted foran election position

7. A candidate ACCEPTS NOMINATIONS from more

than 1 registered political party

ASPECTS OF DISQUALIFICATION CASES:1. ELECTORAL ASPECT

1. Whether or not the offender should be

disqualified from being a candidate or fromholding office

2. Proceedings are summary in character and

require only a clear preponderance ofevidence

3. An erring candidate may be disqualified even

without prior determination of probable causein a preliminary investigation

2. CRIMINAL ASPECT

1. Whether or not there is probable cause to

charge a candidate for an election offense

2. The prosecutor is the COMELEC, through its

Law Department which determines whetheror not probable cause exists

3. If there is probable cause, the COMELECs

Law Department files the criminal informationbefore the proper court

4. Proceedings before the proper court demand

a full blown hearing and require proof beyond

reasonable doubt to convict5. A criminal conviction shall result in the

disqualification of the offender, which mayeven include disqualification from holding afuture public office

GROUNSA FOR DISQUALIFICATION:1. Lacking qualifications2. Filing a COC for more than 1 office

3. False and material representation in the COC

4. Disqualifications under the LGC5. Nuisance candidate

6. Election offenses enumerated under Sec. 68 of

the Omnibus Election Code7. Declared insane or incompetent by competent

authority

8. Sentenced by final judgment for subversion,

insurrection, rebellion or an offense which he hasbeen sentenced to a penalty of more than 18months, or a crime involving moral turpitude,unless given plenary pardon/ amnesty




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ATENEO CENTRAL BAR OPERATIONS2009FALSE AND MATERIAL REPRESENTATION1. Must be false

2. Must be material (goes into your qualifications)

3. Must be deliberate and there is an intention to

defraud the electorate

NO FALSE MATERIAL REPRESENTATION:1. When a candidate uses the name of her long-time

live-in partner2. When the candidate is actually qualified even if

the entries in the COC as filled up by thecandidate will show that he is not

3. When the candidate, supported by apreponderance of evidence, believed that he wasqualified since there was no intention to deceivethe electorate as to ones qualifications for publicoffice

DISQUALIFICATINOS UNDER THE LGC:

1. Sentenced by final judgment for an offense

involving moral turpitude or for an offensepunishable by 1 year or more of imprisonmentwithin 2 years after serving sentence

2. Removed from office as a result of an

administrative case

3. Convicted by final judgment for violating the oath

of allegiance to the Republic4. Fugitives from justice in criminal or non-political

cases here or abroad5. Dual allegiance

6. Permanent residents in a foreign country or those

who have acquired the right to reside abroad andcontinue to avail of the same right

NUISANCE CANDIDATE One who has no bona fideintention to run for the office and would thus preventa faithful determination of the true will of the people.

NOTE: COMELEC may MOTU PROPIO or uponVERIFIED PETITION of any interested party refuse togive due course or cancel a COC when:

1. The COC has been filed to put the election

process in mockery or disrepute

2. Causes confusion among the voters by the

similarity of the names of the registeredcandidates

3. Other circumstances which clearly demonstratethat the candidate has no bona fide intention torun for the office

FACTORS TO CONSIDER:

1. Capability to wage nationwide campaign

2. Intention to run for office

3. Performance in previous elections

4. Political exposure

5. Platform of government

6. Political party affiliation and support

7.Running under a slate

8. Organization and machinery

9. Popularity

10. Profession

11. Income

12. Properties

13. Educational attainment

14. Similarity in name causes confusion

15. Qualifications and disqualifications

ELECTION OFFENSES UNDER SEC. 68:

1. Giving money other material consideration to

influence, induce, or corrupt the voters or publicofficials performing electoral functions

2. Committing acts of terrorism to enhance his

candidacy

3. Spending in his election campaign an amount in

excess of that allowed

4. Soliciting, receiving, making prohibited

contributions

5. Campaigning outside campaign period

6. To remove, destroy, obliterate or in any manner

deface or tamper with or prevent the distributionof lawful election propaganda

7. Using prohibited forms of election propaganda

8. Coercing ones subordinates to aid, campaign or

vote for or against any candidate

9. Using threat, intimidation terrorism, fraudulent

devices or other forms of coercion

10.To solicit votes or undertake any propaganda on

the day of registration before the BEI and on theday of election, for or against any candidate orany political party within the polling place andwithin a radius of 30 meters

11. Any public official/ employee who releases,

disburses or expends any public fund during 45days before a regular election and 30 days beforea special election

12. Any political party which holds political

conventions or meetings to nominate it officialcandidates earlier than the period fixed




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ATENEO CENTRAL BAR OPERATIONS200913. Any person who abstracts, destroys, cancels any

COC duly filed which has not been cancelled uponorder of the Commission

14. Any person who misleads the BEI by submitting

any false or spurious COC/ document to theprejudice of a candidate

15. Any person who, being authorized to receive

COCs, receives any COC outside the period forfiling the same and makes it appear that saidCOC was filed on time; or any person who bymeans of fraud, threat, intimidation, terrorism orcoercion, cause/ compels the commission of saidact

16. Any person who by any device or means, jams,

obstructs or interferes with radio or TV broadcastof any lawful political program

17. Soliciting votes on election day

EFFECTS OF DISQUALIFICATION:

1. Any candidate who has been declared by final

judgment to be disqualified shall NOT be votedfor

2. If the candidate is not disqualified by final

judgment before the election and receives thehighest number of votes in the election the courtor COMELEC will continue with the trial andhearing of the action or protest. Upon motion ofthe complainant or intervenor, the court orCOMELEC may order suspension of theproclamation whenever the evidence of his guiltis strong.

PRESCRIPTION OF ELECTION OFFENSES:1. Election offenses prescribe after 5 years from the

date of their commission.

2. If the discovery of the offense is made in an

election contest proceeding, the period ofprescription shall commence on the date whichthe judgment in such proceedings becomes finaland executory.

OTHER ELECTION OFFENSES UNDER RA 6646:

1. Causing the printing of official ballots and

election returns by printing establishments not oncontract with COMELEC and printing

establishments which undertakes unauthorizedprinting

2. Tampering, increasing or decreasing the votesreceived by a candidate or refusing after properverification and hearing to credit the correctvotes or deduct the tampered votes (committedby a member of the board of election inspectors)

3. Refusing to issue the certificate of voters to theduly accredited watchers (committed by amember of the BEI)

4. Person who violated provisions against prohibitedforms of election propaganda

5. Failure to give notice of meetings to othermembers of the board, candidate or political

party (committed by the Chairman of the boardof canvassers)

6. A person who has been declared a nuisancecandidate or is otherwise disqualified whocontinues to misrepresent himself as a candidateand any public officer or private individual whoknowingly induces or abets suchmisrepresentation by commission or omission.

7. If the chairman of the BEI fails to affix hissignature at the back of the official ballot, in thepresence of the voter, before delivering the ballotto the voter.

COMELEC, ELECTORAL TRIBUNALS

AND THE COURTSCOMELEC POWERS:

1. EXECUTIVE - Enforcement and administration of

election laws

2. LEGISLATIVE - Issuance of rules and regulations,

and those delegated by Congress

3. JUDICIAL - Power to resolve controversies that

may arise in the enforcement of election laws andto be sole judge of all pre-proclamation disputesand of all contests relating to the elections,returns, and qualifications of all regional,provincial and city officials

VENUE ACTION/PROCEEDING

MTC

1. Offenses relating to failure to registeror vote

2. Authority to exclude or deny personfrom voting

3. Election protest of Barangay official

(but appellate jurisdiction is withCOMELEC)

4. Quo warranto proceeding againstbarangay official

RTC(Original

jurisdicti

on)

1. Criminal proceedings for violation ofthe OEC

2. Election offenses

3. Quo warranto case against municipalofficials

COMELEC

Division

1. Plebiscite protest2. Disqualification cases before

proclamation of local officials3. Quo warranto cases against regional,

provincial, or city officials




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COMELEC EnBanc

1. Annulment of book of voters2. Peoples initiative3. Failure of Elections4. Postponement of Elections

5. Appeal decision of COMELEC division

via MR

PET1. Disqualification case after

proclamation against the President/VP

2. Quo Warranto case against the

President/ VP

SET1. Disqualification case after

proclamation against Senators2. Quo Warranto case against Senators

HRET1. Disqualification case after

proclamation against Members of theHouse of Representatives

2. Quo warranto case against Members

of the House of Representatives

SC

1. Petition for review of a COMELEC en

banc ruling on MR of COMELECdivisions decision

2. COMELEC division has committed

GADLEJ in issuing an interlocutoryorder

3.Time is of the essence

4. Questions involving the validity of a

special election to fill up a vacancy inthe Senate

5. Has concurrent jurisdiction withCOMELEC to issue writs of certiorari,prohibition, mandamus over decisionsof trial courts of general jurisdiction inelection cases involving municipalofficials

COMELEC ENBANC

COMELECDIVISION

Administrative Quasi-judicialADMINISTRATIVE POWER - Managing orconducting, directing, or superintending theexecution, application or conduct of persons or

things. It does not entail an opportunity to be heard,the production and weighing of evidence, and adecision or resolution

1. Power to determine number and location of

polling places

2. Appoint election officials and inspectors

3. Conduct registration of voters

4. Deputize law enforcement agencies and

government instrumentalities

5. Register political parties

6. Registration of voters

7. Accredit citizens arms

8. Prosecute election offenses

9. Recommend to the President the removal or

discipline of any officer/ employee deputized, forviolation or disregard of its directive

10. Correction of errors in tabulation/ tally of results

by BOC11. Correction of manifest errors by BOC

12. Questions whether elections have been held or

whether certain ERs were falsified ormanufactured and therefore should be excludedfrom canvass

QUASI-JUDICIAL POWER - Involves theinvestigation of facts, holding hearings, and drawingconclusions from them, as basis for official action andto exercise discretion

GENERAL RULE: In all election cases, either direlyfiled with COMELEC or appealed from BOC, theresolution of which requires exercise of quasi-judicialpower, DIVISION shall take cognizance.

EXCEPTIONS (COMELEC EN BANC):

1. When what is involved is purely administrative

and not quasi-judicial in nature

2. When the required number of votes to reach a

decision, resolution, order or ruling is notobtained by a division

3. Where petitioner invoked jurisdiction of the

COMELEC en banc, participated in its proceedingsand sought reliefs therefrom, in which instancehe is stopped

4. Postponement, declaration of failure of election,

and calling of special elections

5. Prosecute election cases and conduct of

preliminary investigation to determine probablecause and file corresponding information, inexercise of its prosecutory power

6. A Motion for Reconsideration of the final order ordecision of the division.

NOTES:

1. The factual finding of the COMELEC supported by

substantial evidence is binding on the SupremeCourt.




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ATENEO CENTRAL BAR OPERATIONS20092. COMELEC may suspend the rules in the interest

of justice. Technicalities and procedural barriersshould not be allowed to stand if they constitutedan obstacle to the determination of the true willof the electorate in the choice of their electiveofficials.

JUDICIAL REVIEW:

1. A resolution of the COMELEC en banc may be

reviewed by the SC by certiorari filed with thelatter within 30 days from the promulgationthereof.

2. The 30-day rule applies to final orders, rulings,

and decisions of the COMELEC rendered in theexercise of its adjudicatory or quasi-judicialpowers, not in the exercise of its administrativefunction to enforce and administer election lawsto ensure an orderly election.

3. When a party files a MR with the COMELEC en

banc and the same is denied, he has only 30 daysless the period he consumed when he filed theMR to file his petition for certiorari with the SC

GENERAL RULE: SC has no power to review aninterlocutory order of a final resolution of a division ofthe COMELEC.

EXCEPTION: When a party has hardly enoughopportunity to move for reconsideration and obtain aswift resolution in time for the election and thepetition involves transcendental constitutional issues,direct resort to the SC is justified

PARTIES

PARTY-LIST SYSTEM - A social justice tool designednot only to give more law to the great masses of ourpeople who have less in life, but also to enable themto become veritable lawmakers empowered toparticipate directly in the enactment of laws designedto benefit them

AIM AND PURPOSE:

1. Broaden the base of candidates

2. Encourage multi-partism

3. Ensure party loyalty

4. Promote proportional representation

NOTE: Congress cannot provide for a two-partysystembecause:

1. This violates the freedom of association as

provided in the Bill of Rights.

2. The Constitution mandates that the Philippine

party system shall be multi-party, open and free.

POLITICAL PARTIES - An organized group ofpersons pursuing the same ideology, political ideas orplatforms of government including its branches anddivisions.

CRITERIA TO DETERMINE TYPE OF POLITICAL

PARTY:1. Established record of said parties showing in past

elections

2. Number of incumbent elective officials

3. Identifiable political organizations and strengths

4. Ability to fill and complete slate of candidates

5. Other analogous circumstances

TYPES:1. Non-Registered Parties2. Registered Parties

1. Dominant Majority - Entitled to a copy of ER

2. Dominant Minority - Entitled to a copy of ER

3. Top 3 - Entitled to appoint a principal watcher

and a copy of the COC

4. Bottom 3 - Entitled to appoint a principal

watcher

NATIONAL PARTY - Its constituency is spread overthe geographical territory of at least a majority of theregions.

REGIONAL PARTY - Its constituency is spread overthe geographical territory of at least a majority of thecities and provinces comprising a region

SECTORAL PARTY - An organized group of citizenswhose principal advocacy pertains to the specialinterests and concerns of the following sectors:

1. Labor

2. Fisherfolk

3. Peasant

4. Urban poor

5. Indigenous

6. Cultural communities

7. Youth

8. Women

9. Handicapped

10. Elderly

11. Overseas workers

12. Veterans




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ATENEO CENTRAL BAR OPERATIONS200913. Professional workers

UNIQUIE CHARACTERISTICS OF THE PHILIPPINEPARTY-LIST SYSTEM:1. ONLY IN HOUSE

1. The proportional representation or party-listsystem is only available in the House ofRepresentatives.

2. Plurality formula is used for other electiveofficials.

2. THE 20% ALLOCATION - Prescribes only a

ceiling and is not considered mandatory.No. of Party-List Reps = (No. of District Reps/

0.80) X 0.20

3. TWO VOTES1st vote - For the district representative2nd vote - For the party-list representative

NOTE:The name of the party and not the nominee ofthe party should be indicated as 2nd vote.

4. THE 2% THRESHOLD AND 3-SEAT LIMIT

1. To be entitled to 1 qualifying seat, a party

must obtain 2% of the total ballots cast forqualified party-list candidates.

2. Votes cast for a party which is not entitled to

be voted for should not be counted. Thevotes they obtained shall be deducted fromthe canvass of the total votes for the party-list.

3. Rounding-off is not allowed.

4. Each party is entitled to a maximum of 3

seats.

5. Parties other than the 1st party (the party that

obtained the highest # of votes based onplurality) may be entitled to additional seatsbased on the ff. formula:

No. of votes of partyNo. of votes of 1st party x number of seats of 1st party

5. EXCLUSIVE TO THE MARGINALIZED

1. Only parties and organizations that actually

and truly represent the underrepresented andmarginalized constituencies can participateunder the party-list system.

2. At least a majority of its members shouldbelong to the marginalized.

3. General averments that an organization

represents the marginalized sectors must besubstantiated and shown through its

constitution, history, platform, and trackrecord. It must demonstrate that in case ofconflict of interests, it is likely to choose theinterest of the sectors.

QUALIFICATIONS OF A PARTY-LIST NOMINEE:

1. A natural-born citizen of the Philippines

2. A registered voter

3. A resident of the Philippines for a period of not

less than 1 year immediately preceding theelection day

4. Able to read and write

5. A bona fide member of the party he seeks to

represent for at least 90 days preceding electionday

6. At least 25 years of age on election day.

NOTES:

1. In case of the youth sector, he must be at least25 but not more than 30 years of age on the dayof the election.

2. Any youth sectoral representative who reachesthe age of thirty 30 during his term shall beallowed to continue in office until the expirationof his term.

3. A list with 5 names should be submitted to

COMELEC as to who will represent the party inthe Congress. Ranking in the list submitteddetermines who shall represent party ororganization.

DISQUALIFICATION OF PARTY-LISTS:

1. Religious sect, denomination, organization

2. Advocates violence

3. Foreign party/ organization

4. Receives foreign support

5. Violates election law

6. Untruthful statements in its petition

7. Ceased to exist for at least 1 year

8. Failed to participate in the last 2 preceding

elections

9. Failed to obtain at least 2% of the votes cast

under the party-list system in the 2 precedingelections

NOTE: Cancellation of registration of a party list maybe done by the COMELEC motu proprio or uponverified complaint of any interested party after duenotice and hearing

CAMPAIGN




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ELECTION CAMPAIGN - An act designed to promotethe election or defeat of a particular candidate to apublic office.

CAMPAIGN PERIOD - 90 days before the day of theelection and shall end 30 days thereafter.

VALID FORMS OF CAMPAIGNING:

1. Forming organizations, associations, clubs,

committees or other groups of persons for thepurpose of soliciting votes and/ or undertakingany campaign for or against a candidate.

2. Holding political caucuses, conferences,

meetings, rallies, parades or other similarassemblies for the purpose of soliciting votesand/ or undertaking any campaign or propagandafor or against a candidate.

3. Making speeches, announcements orcommentaries or holding interviews for or againstthe election of any candidate for public office.

4. Publishing or distributing campaign literature or

materials designed to support/ oppose theelection of any candidate.

5. Directly or indirectly soliciting votes, pledges or

support for or against a candidate.6. Advertisements.

LAWFUL ELECTION PROPAGANDA (FAIRELECTION ACT)

1. Letters

2. Written and printed materials (8.5 in. x 14 in.)

3.Posters (2 ft. x 3 ft.) in common-private posterareas

4. Rally streamers (3 ft. x 8 ft.)

5. Use of gadgets and billboards

FREE SPACE AND AIRTIME1. SPACE3 National newspapers - National candidates1 National newspaper - Local candidates2. AIRTIME3 National TV and Radio Networks - Nationalcandidates1 Major Broadcasting station - Local candidates

NOTE: There shall be equal allocation for allcandidates for 3 calendar days.

PAID ADVERTISMENTS1. PRINT page in broadsheet, 3x a week page in tabloid, 3x a week

2. RADIO (per network)180 mins. for National candidates

90 mins. for Local candidates

3. TV (per network)

120 mins. for National candidates60 mins. for Local candidates

GENERAL RULE: It shall be unlawful for any personor organization to solicit and/ or accept any gift,contribution, food, transportation or donation in cashor in kind from the commencement of the electionperiod up to and including election day.

EXCEPTION: Normal and customary religiousstipends, tithes or collections.

PROHIBITED MEANS OF RAISING FUNDS:

1. Dances

2. Lotteries

3. Cockfights

4. Games

5. Boxing bouts

6. Bingo

7. Beauty contests

8. Entertainment

9. Cinematographic, theatrical or other

performances

INVALID FORMS OF CAMPAIGNING:

1. Display of campaign materials outside authorized

common poster areas in public places or privateplaces without the consent of the owner

2. Non-removal of premature campaign materials

within 3 days from noticeNOTE: Failure to remove raises presumption thatsaid candidate was engaged in prematurecampaigning

3. Print, publish or broadcast election propaganda

donated to a candidate without the writtenacceptances of the candidate

4. Foreign intervention

5. Campaigning outside campaign periods

6. Removal or destruction of lawful propaganda

7. Removal, confiscation or destruction of prohibitedpropaganda other than by COMELEC or itsdeputized officers

8. Written or broadcast materials that do not bear

the inscription: political advertisement paid forand name/ address of benefiting candidate orparty




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ATENEO CENTRAL BAR OPERATIONS20099. Advertisements beyond the allotted time and

space

10.Transportation, food and drinks during and 5

hours before and after public meetings

11. Movie or video on candidate

12. Cinematography or documentary portraying lifeor biography of candidate

RULES ON ELECTION PROPAGANDA:

1. All registered parties and bona fide candidates

shall have the right to reply to charges publishedagainst them.

2. No movie, cinematograph, documentary

portraying the life or biography of a candidateshall be publicly exhibited in a theatre, TVstation, or any public forum during the campaign

period.3. No movie, cinematograph, documentary

portrayed by an actor or media personality who ishimself a candidate shall be publicly exhibited ina theatre, TV station or any public form duringthe campaign period.

4. All mass media entities shall furnish the

COMELEC with copies of all contracts foradvertising, promoting, or opposing any politicalparty or the candidacy of any person for publicoffice within 5 days after its signing.

5. Any media personality who is a candidate or is a

campaign volunteer for or employed or retained

in any capacity by any candidate or political partyshall be deemed resigned, if so required by theiremployer, or shall take a LOA from his work assuch during the campaign period.

PROHIBITED CONTRIBUTIONS:

1. Public or private FINANCIAL institution, except

loans to a candidate or political party

2. Public utilities or those exploiting NATURAL

RESOURCES of the nation

3. Persons with CONTRACTS to SUPPLY the

government with goods or services or to performCONSTRUCTION or other works

4. Grantees of franchises, incentives, exemptions,

allocations or similar PRIVILEGES or concessionsby the government

5. Persons who, within 1 year prior to the date of

the election, have been granted LOANS or otheraccommodations in excess of P100,000 by thegovernment

6. EDUCATIONAL institutions which have received

grants of public funds not less than P100,000 bythe government

7. officials or employees in the CIVIL SERVICE or

members of the ARMED FORCES of thePhilippines

8. FOREIGNERS and foreign corporations

AUTHORIZED EXPENSES - Multiplied with the totalnumber of registered voters:

P10 - President and Vice PresidentP3 - Other candidatesP5 - Independent candidates and politicalparties

LAWFUL EXPENDITURES:

1. Traveling expenses

2. Compensation of campaigners, clerks,

stenographers, messengers and other persons

actually employed in the campaign

3. Telegraph and telephone tolls, postage, freight

and express delivery charges

4. Stationary, printing and distribution of printed

matters relative to candidacy

5. Employment of watchers at the polls

6. Rent, maintenance and furnishing of campaign

HQ, office, or place of meetings

7. Political meetings and rallies

8. Advertisements

9.Employment of counsel

10. Printing sample ballots

11. Copying and classifying list of voters,

investigating and challenging the right to vote ofpersons registered in the lists

NOTE: The cost of (9) (10) (11) shall not be takeninto account in determining the amount of expenseswhich a candidate or political party may haveincurred.

CASTING OF VOTES AND CANVASSING

GROUNDS TO CHALLENGE AN ILLEGAL VOTER:

1. Not registered

2. Using the name of another

3. Suffering from existing disqualification

GENERAL RULE: No voter shall be required topresent his voters affidavit on election day.




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ATENEO CENTRAL BAR OPERATIONS2009EXCEPTION: His identity is challenged.

NOTE: Failure to produce voters affidavit shall notpreclude him from voting If:

1. His identity be shown from the photograph,

fingerprints or specimen signatures in hisapproved application in the book of voters

2. He is identified under oath by a member of the

BEI and such identification shall be reflected inthe minutes of the board

GROUNDS TO CHALLENGE BASED ON ILLEGALACTS:

1. Vote buying

2. Vote selling

3. Vote betting

NOTE: The challenged person shall take a prescribedoath before the BEI that he has not committed any of

the acts alleged in the challenge, afterwhich he willbe allowed to vote.

BUILDINGS NOT VALID AS A POLLING PLACE:

1. Public or private building owned, leased or

occupied by any candidate of any person who isrelated to any candidate within the 4th civildegree of consanguinity or affinity, or any officerof the government or leader of any political party

2. Building or surrounding premises under the

actual control of a private entity

3. Those located within the perimeter of or inside a

military or police camp or reservation or within aprison compound

NOTE: Where no suitable public building is available,private school buildings may be used as pollingplaces.TRANSFER OF VENUE OF COUNTING:

1. Imminent threat of violence

2. Unanimous vote of Board of Inspectors

3. Majority of Watchers

APPRECIATION OF BALLOTS:1. Follow intent rule

2. Favor validity v. invalidity

3. Favor surname v. first name

4. Favor incumbent v. non-incumbent

5. invalidate a ballot when it is proven that:

1. WBT - written by two

2. WBO - written by one

GENERAL RULE: Voting by proxy is not allowedEXCEPTIONS:1. illiterate2. handicapped

GENERAL RULE: No ballots other than official ballotsshall be used or counted

EXCEPTIONS:

1. Failure to receive the official ballots on time

2. There are no sufficient ballots for all registered

voters

3. The official ballots are destroyed at such time as

shall render it impossible to provide other officialballots

NOTE: In the given abovementioned exceptions, theremedy is to use emergency ballots to be provided bythe city or municipal treasurer.

FEATURES OF CANVASSING:

1. The Board of Canvassers (BOC) is a collegial

body.2. The BOC exercises ministerial duty.

3. The BOC exercises quasi-judicial functions.

4. Proceedings before BOC are summary5. The BOC convenes at 6pm.6. Canvassing shall be in public.

7. Proceedings are continuous from day to day,

without interruption except to adjourn.

8. No police, army or security officer allowed within

50 meters from canvassing room unless called in

writing by the BOC to stay outside the room.9. After proclamation, BOC becomes functus officio.

PRE-PROCLAMATION CONTROVERSIESAND ELECTION CONTESTS

GROUNDS IN PRE-PROCLAMATIONCONTROVERSIES:

1. Illegal composition or proceedings of the board of

canvassers

2. Irregularities in relation to the preparation,

transmission, receipt, custody, and appreciationof election returns and certificates of canvass:

1. ERs are delayed, lost or destroyed2. Material defects in the ERs3. ERs appear to be tampered with or falsified4. Discrepancies in the ERs

NOTE: Grounds for pre-proclamation controversiesare EXCLUSIVE.




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ATENEO CENTRAL BAR OPERATIONS2009GENERAL RULE: COMELEC cannot go behind theface of an election return.

EXCEPTION: When there is prima facie showing thatthe ER is not genuine

GROUNDS FOR MATERIAL DEFECTS:

1. Omission of name of candidates

2. Omission of votes for candidates

MATERIAL DEFECTIN THE ERs

ERs HAVE BEENFALSIFIED/ TAMPERED

BOC needs authorityfrom COMELEC to get

copies of the otherERs

BOC needs no priorpermission from the

COMELEC to get copies ofthe other ERs

JURISDICTION:

1. Contested composition/ proceedings of the board

- May be initiated in the Board of canvassers orCOMELEC

2. Contested ERs - Should be brought in the 1st

instance before the board of canvassers only

2 OBJECTION RULE - Submit oral objection andwritten objection SIMULTANEOUSLY to BOCchairperson before ERs have been canvassed. Thereis SUBSTANTIAL COMPLIANCE even if the oralobjection is filed first, then the written objection withevidence is submitted within 24 hours.

SUMMARY NATURE:

1.Pre-proclamation controversies shall be heardsummarily by the COMELEC.

2. Its decision shall be executory after 5 days from

receipt by the losing party of the decision, unlessrestrained by the SC

GENERAL RULE: Pre-proclamation cases aredeemed terminated:

1. When all pre-proclamation cases pending before

the COMELEC shall be deemed terminated at thebeginning of the term of the office involved andthe rulings of the BOC concerned deemedaffirmed

2. this is without prejudice to the filing of a regularelection protest by the aggrieved party

EXCEPTION: Proceedings may continue if:

1. COMELEC determines that the petition is

meritorious and issues an order for theproceedings to continue

2. The SC issues an order for the proceedings to

continue in a petition for certiorari

GROUNDS FOR RECOUNT:

1. Material defects in the ERs

2. ERs are tampered or falsified

3. discrepancies in the ERs

WHEN RECOUNT IS POSSIBLE:

1. COMELEC order BEI to conduct recount

2. Integrity and identity of ballot box is not violated

3. BEI ascertains that integrity of ballots in boxpreserved

4. BEI recounts and complete/correct returns

STATISTICALLY IMPROBABLE DATA

1. Uniformity of tally in favour of candidates

belonging to 1 party.

2. Systematic blanking out of candidates belongingto another party.

GENERAL RULE: Pre-proclamation cases are NOTallowed in elections for the President, Vice President,Senator and members of the House of Representatives:

EXCEPTION: Manifest Errors in the ERs or COCs maybe corrected motu proprio or upon written complaintof any interested person

MANIFEST ERRORS:

1. Mistake in adding

2. Mistake in copying of figures from ER or

Statement of Votes3. ERs from non-existent precinct canvassed

4. Copy of ER tabulated more than twice

5. 2 or more copies of ER and COC in 1 precinct

counted separately

NOTES:1. The grounds for manifest errors are inclusive.

2. The allowable margin of error is 60%.

3. It suspends the running of the period within which

to file an election protest or quo warrantoproceeding.

4. Notwithstanding the pendency of any pre-

proclamation controversy, the Commission maysummarily order the proclamation of otherwinning candidates whose election will not beaffected by the outcome of the controversy.

KINDS OF ELECTION CONTESTS:




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ATENEO CENTRAL BAR OPERATIONS20091. Election Protest2. Quo Warranto

OBJECT: To dislodge the winning candidate fromoffice and determine the true winner.

QUO WARRANTO ELECTION PROTESTStrictly speaking, it is not

a contest. It is aproceeding to unseat an

ineligible person fromoffice

It is a contest betweenthe winning candidate

and the defeatedcandidate

Any voter Only by a candidate whohas duly filed a COC tothe same office and has

been voted for

GROUNDS:

1. Disloyalty

2. Ineligibility

GROUNDS:

1.Election fraud

2. Irregularities in the

casting and counting ofvotes or in thepreparation of the ER

The respondent may beunseated, but thepetitioner may or maynot be installed into theoffice vacated.

The protestee may beunseated and theprotestant may beinstalled into the officevacated.

COMELEC JURISDICTION OVER ELECTION

CONTESTS:

1. ORIGINAL Jurisdiction over contests relating to

elections, returns, and qualifications of allelective:1. Regional2. Provincial3. City officials

2. APPELLATE Jurisdiction over contests involving:

1. Elective Municipal officials decided by trialcourts of GENERAL jurisdiction

2. Elective Barangay officials decided by trialcourts of LIMITED jurisdiction

3. COMELEC may issue extraordinary writs of

certiorari, prohibition and mandamus

PRE-PROCLAMATIONCONTROVERSY

ELECTION CONTEST

Before proclamation ofcandidate

After proclamation ofcandidate

Jurisdiction of COMELECis administrative or

Jurisdiction of COMELECis quasi-judicial

quasi-judicial

NOTES:

1. Only real parties in interest can file and pursue

election protests. A real party in interest is the

party who would be benefited or injured by thejudgment and the party who is entitled to theavails of the suit.e.g. candidate of the same position

2. Even if it was the 2nd placer who filed the election

protest, the 3rd placer may still possibly win.

GROUNDS FOR ELECTION PROTEST:

1. Misappreciation

2. Violence

3. Intimidation

4. No padlock

5. Padding of votes

GENERAL RULE: Ballots are the best evidence

EXCEPTION: Election returns are the best evidencewhen the ballots are lost, destroyed, tampered orfake

EXECUTION PENDING APPEAL:

1. Public interest is involved or will of the electorate

2. Length of time that the election contest has been

pending

3. Shortness of the remaining portion of the term of

the contested office

NOTE: A combination of 2 or more will suffice toallow execution pending appeal, but shortness of theremaining period alone is not a ground for executionpending appeal.

GENERAL RULE: The COMELEC cannot proclaim aswinner the candidate who obtains the 2nd highestnumber of votes in case the winning candidate isineligible or disqualified. When a winner is declaredineligible, the candidate who finished 2nd cannotassume the position.

EXCEPTIONS: The one who obtained the highestnumber of votes is disqualified and the electorate isfully aware in fact and in law of a candidatesdisqualification so as to bring such awareness withinthe realm of notoriety but would nonetheless casttheir votes in favour of the ineligible candidate.

NOTE: A protestant who runs for another office isdeemed to have abandoned his protest.




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ELECTIVE OFFICIAL CITIZENSHIP AGE LITERACY VOTER RESIDENCY

President/VP Natural-born 40 Read and Write Registered 10 in the Philippines

Senator Natural-born 35 Read and Write Registered 2 in the Philippines

District Reps Natural-born 25 Read and Write Registered in District 1 in District

Party-List Reps Natural-born 25

(If Youth Sector: 25-30)

Read and Write Registered 1 in Philippines

Local Officials Citizen *Gov, Vice-Gov,member ofsangguniangpanlalawigan, mayor,vice mayor,sangguniangpanlungsod in highlyurbanized cities: 23*In componentcities/municipalities:21*Sangguniangpanlungsod,sangguniang bayan,barangay: 18*Sangguniang

kabataan: 15-21

Read and WriteFilipino or local

dialect

Registered in locality 1 in locality

ARMM Governor Natural-born 35 Read and Write Registered in ARMM 5 in ARMM

ARMM Legislator Natural-born 21 Read and Write Registered in District 5 in Districts

Advisers: Atty. Alberto Agra, Atty. Sedfrey Candelaria ; Heads: Mark Calida, Herschel Que; Understudy: Ayen Qua; Volunteers:Julius Acosta, Austin Alcantara, Lesley Claudio, Miguel Dimaculangan, Sam David, Sienna Flores, Pancho Galman, Anmau Manigbas, Aubs

Martin Byron Perez, Jaymie Reyes, Kris Sta. Maria, Tel Virtudez, Myra Yacapin


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ELECTION PROTEST QUO WARRANTO PRE-PROCLAMATIONCONTROVERSY

ANNULMENT OFPROCLAMATION

ELECTION OFFENSE

GROUNDS

Election Fraud

Irregularities incasting, counting ofvotes, and electionincidents

Disloyalty to theRepublic

Ineligibility

Illegal compositionand proceedings ofthe Board ofCanvassers

Irregularities inrelation to the

preparation,transmission, receipt,custody, andappreciation ofelection returns andcertificates ofcanvass

Proclamation basedon irregular andillegal canvasswhether in theelection returns,certificate of canvass,proceedings andcomposition of boardof canvassers

Violation of OmnibusElection Code

Commission ofprohibited acts

VENUE President and VP: PETSenators: SET

Representatives: HRETRegional/Provincial/City

: COMELECMunicipal: RTC

President and VP: PETSenators: SET

Representatives: HRETRegional/Provincial/City

: COMELECMunicipal: RTC

Composition: Board orwith COMELEC

Election Returns: withBoard of Canvassers

COMELEC COMELEC Law Dept. forpreliminary

investigation, thenCourts for prosecution

EFFECTIF CASE

PROSPERS

Incumbent-protesteeremoved from office

If protestant gainshighest number, he isproclaimed

Incumbent-respondent dislodged

Petitioner does notassume the petition.

Follow the rules onsuccession of officersor conduct specialelections

Election return setaside

Recount

Suspension of

Proclamation

Proclamationannulled

Filing suspends therunning of the period

within which to fileelection protest orquo warranto

Respondent penalizedwith fine,imprisonment,disqualification to

hold public office ordeprivation of right tovote

PETITIONER

Any candidate for theposition

Any voter Any candidate orpolitical party

Any candidate orpolitical party

Any voter

PERIOD Within 10 days fromproclamation

Within 10 days fromproclamation

Upon convening ofBoard

When election returnpresented

Within 10 days fromproclamation

Within 5 years fromcommission




19/21



PROCEDURE

RevisionTrial

Trial Two objection rule (oraland written)

Trial Summary proceedings

Courtesy of Atty. Alberto C. Agra

CAUSES OFACTION

DESCRIPTION PETITIONERS

DEADLINES OPTIONSAVAILABLE IF

NOT FILEDWITHIN PERIOD

REMARKS

Deliberate andmaterial

misrepresentation

False, deliberate andmaterial

representation basedon Sec. 73, 74, 78 of

OEC

Any citizen ofvoting age orpoliticalparty.

Within 5 daysfrom last day offiling COC but no

later than 25days from time

of filing.

No remedyavailable(waiver)

If disqualified by final judgment beforeelection, votes will not be counted(stray).

If no final judgment before proclamationand gets winning number of votes.COMELEC may suspend proclamation ifevidence of guilt is strong. Case referredto COMELEC Law Dept. for investigation.

If case filed before election, case willcontinue. If case filed after election,case will be suspended.

Irregularities inthe COC

Irregularities in filingof COC based onSec. 73, 74, 78 of

OEC


Within 5 daysfrom filing of

COC but no laterthan 25 daysfrom filing.


(Same rule as above)

Nuisancecandidate

Based on Sec. 69 ofOEChows

Anycandidate forthe sameoffice.

Within 5 daysfrom last day of

filing of COC.


COC filed to put election protest inmockery or disrepute.

COC causes confusion among voters bysimilarity of names of registeredcandidate.

Other acts or circumstances whichclearly demonstrate that the candidatehas no bona fide intention to run foroffice.

Election offense Commission of anelection offense orillegal acts (e.g.

vote-buying,terrorism, etc.)


After last day offiling COC but

beforeproclamation.

Electionprotest

Prosecute forelectionoffense

(Same rule as above)

Lack of Does not possess all Any citizen of After last day of Quo warranto (same rule as above)




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qualifications orpossessing

disqualifications

qualifications orpossesses a

disqualification

voting age orpoliticalparty.

filing COC butbefore

proclamation.

(within 10 daysfrom

proclamation)

Conviction byfinal judgment

of a crime whichcarries ancillary

penalty ofdeprivation ofpolitical rights

Revised Penal Code Any citizen ofvoting age orpoliticalparty.

Beforeproclamation.

Quo warranto

(same rule as above)

Courtesy of Atty. Alberto C. Agra




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barops09 - election law

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