Elections for President and Vice President

COMMISSION ON ELECTIONSVox populi, vox DeiReport byJirene BuenoJustine ParroneMika PengsonEldan PocotKris TresvallesAdministrative & Election LawFEU-LLB4201Atty. Benedict Gonzales

Chapter XVIBasic Aspects of COMELEC

COMELEC Independent Constitutional Body (Art. IX-C, 1987 Constitution) Mandated to implement the laws and regulations related to electoral exercises An administrative body Its powers and functions are essentially EXECUTIVE, QUASI-LEGISLATIVE and QUASI- JUDICIAL. Has granted JUDICIAL AUTHORITY for all contests relating to elections, returns and qualifications of all elective local officials

Sources of its POWERS 1987 ConstitutionAdministrative Code (E.O. 292)Omnibus Election Code (B.P. 881)

Powers Under the 1987 ConstitutionEnforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recallHas EXCLUSIVE ORIGINAL jurisdiction over all electoral contestsDecide regarding determination of the number and location of polling places, appointment of election officials and inspectors , and registration of voters

Powers Under the 1987 Constitution

Deputize law enforcement agencies with the concurrence of the President including Armed Forces of the Philippines (AFP) for the purpose of ensuring FREE,ORDERLY, HONEST , PEACEFUL and CREDIBLE ELECTIONSRegistration of political partiesFile petitions in Court for inclusion or exclusion of voters and violations of election lawsRecommend effective measures to the Congress to minimize election spending

Powers Under the 1987 Constitution

Recommend removal of official or employee for violation or disregard or disobedience to its directive, order or decisionSubmit comprehensive report on the conduct of elections to the President and the CongressFunctions under Administrative Code

Exercise direct and immediate supervision and control over national and local officials including members of any law enforcement agency and instrumentality of the government. Publication of a newspaper of general circulation certified data on the number of official ballots and election returns Functions under Administrative Code

Have exclusive charge of the enforcement and administration of all laws relative to the conduct of electionsPromulgate rules and regulations implementing provisions of Omnibus Election Code and other related lawsFix reasonable periods for election requirements

Functions under Administrative Code

Cancel certificate of candidacy in case of nuisance candidatesPostpone elections after due notice and hearing Call for the holding or continuation of election not held in any polling place on reasons of force majeure, violence, terrorism, fraud or other analogous cases Functions under Administrative Code

Call special election in case a vacancy arises in the Senate or in the House of Representatives Summon parties to a controversy Issue subpoena duces tecum and take testimony in any investigation or hearingPunish for contempt according to procedure and with penalties providedEnforce and execute decisions, directives, orders and instructionsFunctions under Administrative Code

Prescribe forms to be used in the electionProcure supplies, equipment, materials or services needed for the holding of the electionPrescribe the use or adoption of the latest technological and electronic devices Constitute a pool of standby-teachers from which substitutes shall be drawn in case a member of the Board of Election Inspectors failed to report or refused to act as such on the day of electionFunctions under Administrative Code

Carry out a continuing and systematic campaign through newspaper of general circulation, radio and other media formsAccredit non-partisan groups or organizations known for their probity, impartiality and integrityConduct hearings on controversies pending before it Functions under Administrative Code

Have exclusive jurisdiction over all pre-proclamation controversiesHave exclusive power to conduct preliminary investigation of all election offenses punishable under Omnibus Election Code and to prosecute the same

Powers and Functions Under theOmnibus Election CodeHave exclusive charge of the enforcement and administration of all laws relative to the conduct of elections for the purpose of ensuring free, orderly and honest elections Have other similar functions provided in the Administrative CodeGeneral

Powers and Functions Under theOmnibus Election CodeBefore ElectionUndertake information campaign on salient feature of this CodeHelp in the dissemination of orders, decisions and resolutions of COMELECConduct registration of voters Cleanse list of voters of illegal registrantsReport to the COMELEC on violations of the provisions of this Code

Powers and Functions Under theOmnibus Election CodeDuring ElectionEncourage all registered voters in to go to their polling places and cast their votes Nominate one watcher in each polling place who shall have the same duties, functions and rights as the other watchers of political parties Report to the peace authorities and other appropriate agencies of terrorism, intimidation of voters and other similar cases

Nature of the COMELECs Powers and Functions Essentially executive and administrative

(Enforcement and administration)

Nature of the COMELECs Powers and Functions (Enforcement and administration)COMELEC is intended to prevent any and all forms of election fraud or violation of the Election Law, but if it fails , some other agencies of the Government is charged to cure or remedy the resulting evil

Nature of the COMELECs Powers and Functions (Enforcement and administration)However, the authority to nullify canvass although curative in nature was justified under the widely encompassing constitutional power of the COMELEC to insure free, orderly and honest elections

Nature of the COMELECs Powers and Functions The COMELECs power to annul proclamations has been upheld on certain grounds by the Supreme Court:Proclamation made after an illegal canvass;Proclamation based on incomplete returns;Proclamation calling attention to an inadvertent and unintentional mistake in the election return and correcting the sameProclamation made by an unauthorized meeting

Nature of the COMELECs Powers and Functions The power to determine the validity or nullity of the votes questioned by either of the contestants(Enforcement and administration)

Nature of the COMELECs Powers and Functions The authority to determine whether or not a person can exercise or is precluded from enjoying the right of suffrage is a judicial question(Enforcement and administration)

Nature of the COMELECs Powers and Functions Power to adjudicate issues has not been included among the powers of the Commission(Enforcement and administration)

COMPOSITION OF COMELEC

Source: www.comelec.gov.ph

Composition and Organization of the COMELEC Chairman and 6 Commissioners who shall be: Natural-born citizens of the Philippines at least 35 years of age holders of a college degree must not have been candidates for any elective positions in the immediately preceding elections

Majority of the members, including the Chairman shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years.

Appointment Chairman and the Commissioners Appointed by the President with the consent of the Commission on Appointments for a term of 7 years without reappointment

COMELEC COMELEC may sit en banc or in two divisions and shall promulgate its rules of procedure in order to expedite disposition of election cases, including pre-proclamation controversies.

Chairman

Commissioner Christian Robert LimActing ChairmanChairman as executive officer; powers and dutiesExecute and administer the policies, decisions, orders and resolutions approved by the Commission;Direct and supervise the operations and internal administration of the Commission;Sign appointments of subordinated officials and employees made by the Commission and enforce decisions on administrative discipline involving them;

Chairman as executive officer; powers and dutiesMake temporary assignments, rotate and transfer personnel in accordance with the provisions of the Civil Service Law; Submit an annual budget to the Commission for its approval; Delegate his authority, in whole or in part, to other officials of the Commission, in accordance with the rules and regulations of the Commission;Perform such other duties as may be authorized by the Commission

Executive Director; powers and dutiesAdvise and assist the Chairman in the formulation and implementation of the objectives, policies, plans and programs of the Commission; Serve as the principal assistant of the Chairman in the overall supervision of the administrative business of the Commission; Oversee all the operational activities of the Commission; Coordinate the programs and projects of the Commission and be responsible for its economical, efficient and effective administration; Serve as deputy to the Chairman in all matters relating to the operational activities of the Commission; Administer oaths in connection with all matters relating to the business of the Commission; and Perform such other duties as may be assigned by the Chairman.

Staff and operating units Office of the Chairman Office of the Executive Director Office of the Electoral Contests Adjudication Regional Offices Election and Barangay Affairs Department Law Department Election Records and Statistics Department Administrative Service Department Planning Department Personnel Department Finance Services Department Education and Information Department

Field Offices Regional Election Office Provincial Election Office City Municipal Election office

Heads of Field OfficesOnly members of the Philippines Bar shall be eligible for appointment to the position of regional director, assistant regional director, provincial election supervisor and election registrar. However, if there are no members of the Philippine Bar available for appointment as election registrar, except in cities and capital towns, graduates of duly recognized schools of law, liberal arts, education or business administration who possess the appropriate civil service eligibility may be appointed to said position.

Changes in the Composition, Distribution of Assignment of Field OfficesThe Commission may make changes in the composition, distribution and assignment of field offices, as well as its personnel, whenever the exigencies of the service and the interest of free, orderly, honest, peaceful and credible election so require: Provided, That such changes shall be effective and enforceable only for the duration of the election period concerned and shall not affect the tenure of office of the incumbents of positions affected and shall not constitute a demotion, either in rank of salary, nor result in a change of status; Section 13, Sub-title C, Title 1, Book V, EO 292

Changes in the Composition, Distribution of Assignment of Field Offices Section 13, Sub-title C, Title 1, Book V, EO 292

Provided, further, that there shall be no changes in the composition, distribution or assignment within thirty (30) days before election, except for cause and after due notice and hearing, and that in no case shall a regional or assistant regional director be assigned to a region, or a provincial election supervisor to a province, or a city municipal election registrar to a city or municipality, where he and/or his spouse are related to any candidate within the fourth civil degree of consanguinity or affinity as the case may be.

COMELEC is an Independent Constitutional Body Independent administrative body which was established to take charge of the enforcement of all laws relative to the conduct of elections It should be given wider latitude in devising ways and means that will insure the accomplishment of its objectiveCourts should not interfere, unless the choice of means are patently illegal or constitute grave abuse of discretion It is not a court in the strict technical sense Its exercise of functions partake of the nature of judicial power is only by way of a constitutional exceptionElection Body is not a CourtReview by the Supreme CourtWhile the law states that Decisions, final orders or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final, executory, and not appealable, it does not prohibit the bringing of said decisions or orders to the Supreme Court by way of Certiorari under Rule 65

Chapter XVIIElection of Public Officials

Elections for President and Vice PresidentBe elected by DIRECT VOTE OF THE PEOPLEPURPOSE: the system of directly electing the top 2 officials of the nation is believed to be more Democratic and EgalitarianDATE OF ELECTION: regular election for President and Vice President shall be held on 2nd Monday of May, unless otherwise provided by lawTERM OF OFFICE: 6 years which shall officially commence at:noon on the 30th day of June next following the day of the election; and end at noon of the same date, 6 years thereafter

Section 4, Article 7 of 1987 Constitution

42Elections for President and Vice PresidentSection 4, Article 7 of 1987 ConstitutionVoluntary renunciation for any length of time shall not be considered as an interruption in the service for full term, for which he was elected.

President

Vice-PresidentNo VP shall serve for more than 2 successive termsNON ELIGIBILITY FOR RE-ELECTION:No person who had succeed as President and served for more than 4 years43

Qualification of President and Vice PresidentSection 2 and 3, Article 7 of 1987 Constitution

PresidentNatural born citizen of the PhilippinesA registered voterAble to read and writeAt least 40 y/o on the day of the electionResident of the Philippines for at least 10 years, immediately preceding such electionNatural born citizen of the PhilippinesA registered voterAble to read and writeAt least 40 y/o on the day of the electionResident of the Philippines for at least 10 years, immediately preceding such election

Vice-President44Congress as national board of canvassersReturns of every election for President and VP which are certified by board of canvassers of each province/citytransmittedCongress, directed to the SENATE PRESIDENTOpenall the certificates inthe presence of theSenate and House of Representatives in joint public session not later than 30 days after the day of the electionUpon determination of its authenticity, Congress shall canvass the votesPerson with the highest number of vote shall be proclaimed electedIn case there are 2 or more shall have an equal and highest number of vote, one of them shall be chosen by:VOTE OF MAJORITY OF ALL MEMBERS OF CONGRESS, VOTING SEPERATELY12345645

1973 ConstitutionNational Canvass is a ministerial function of the legislature and they dont have the prerogative to inquire into or resolve issues pertaining to the election such as allege anomalies or irregularities in the holding of the election1987 ConstitutionNational Canvass is still a ministerial function of the legislature but the Supreme Court is now vested power and authority to hear and adjudicate election contestsThe Supreme court, sitting en banc, shall be the sole judge for all controversies involving elections, returns and qualification of the President and Vice PresidentSupreme Court as electoral tribunalSection 4, Article 7 of 1987 Constitution46Rules in case of:President-elect FAILS TO QUALIFYVICE PRESIDENT-ELECT SHALL ACT AS PRESIDENT until the President-elect shall have qualifiedPresident shall NOT have been CHOSENVICE PRESIDENT-ELECT SHALL ACT AS PRESIDENT until the President-elect shall have qualifiedIn the beginning of the term, PRESIDENT-ELECT DIED / PERMANENTLY DISABLEDVICE PRESIDENT-ELECT SHALL BECOME THE PRESIDENT for the unexpired term

47Rules in case of:When President / Vice President:NOT BEEN CHOSENNOT QUALIFYDIEDPERMANENTLY DISABLEDREMOVED FROM OFFICERESIGNED

The SENATE PRESIDENT shall act as President until President or Vice President have been chosen and qualified. In case of his inability, the SPEAKER OF THE HOUSE OF REPRESENTATIVE shall act as President until President or Vice President have been chosen and qualified.

The President:Was REMOVE FROM OFFICERESIGNEDVICE PRESIDENT-ELECT SHALL BECOME THE PRESIDENT for the unexpired term

48In case of VACANCY in the office of the VICE PRESIDENT during the term he was electedPresident shall NOMINATE A VICE PRESIDENT among the MEMBERS OF CONGRESS who shall assume the office upon confirmation by MAJORITY OF VOTE OF ALL MEMBERS OF CONGRESS, voting seperately3rd DAY OF VACANCY in the offices of PRESIDENT AND VICE PRESIDENTWithin 7 days, Congress shall enact a law calling for a SPECIAL ELECTION to elect a President and Vice President to be held not earlier than 45 days nor later than 60 days from the time of such callThe bill calling for a special election shall be deemed certified pursuant to section 26(2), Article 6 of the Constitution and shall become a law upon its approval on 3rd reading by the CongressNO SPECIAL ELECTION shall called in case the VACANCY OCCURS 18 MONTHS BEFORE THE NEXT PRESIDENTIAL ELECTIONRules in case of:

In case of WRITTEN DECLARATION by PRESIDENT, transmitted to Senate President and House Speaker, that he is unable to discharge the powers and duties of his officeSuch powers and duties shall be DISCHARGED BY THE VICE PRESIDENT as ACTING PRESIDENTWhen a WRITTEN DECLARATION by PRESIDENT, transmitted to Senate President and House Speaker, that inability no longer existThe President shall REASSUME THE POWERS AND DUTIES of his officeRules in case of:

In case of WRITTEN DECLARATION by MAJORITY OF CABINET MEMBERS, transmitted to Senate President and House Speaker, that President is unable to discharge the powers and duties of his office

VICE PRESIDENT shall immediately ASSUME THE POWERSAND DUTIES of the office of the president as an ACTING PRESIDENT and the Congress shall decide the issue within 10 days from the declaration or within 12 months if not in session by 2/3 of both Houses, voting separately if the VP shall act as President, otherwise, the President shall continue exercising the duties and power of his officeIn case of SERIOUS ILLNESS of the PRESIDENTThe PUBLIC shall be INFORMED of the state of his healthCABINET MEMBERS in charge of the national security and foreign relationsCHIEF OF STAFF OF AFP- shall have access to the President during such illness

Rules in case of:Elections for Senators and Members of the House of Representatives24 membersSENATEHOUSE OF REPRESENTATIVES250 members Elected at large by qualified voters of the Philippines

From legislative districts apportioned among the provinces, cities and Metro Manila in accordance with the number of their inhabitantsFrom Party list system for registered national, regional and sectoral parties/ organizationSection 2,4,7-9 Article 6 of 1987 ConstitutionParty list representative shall constitute 20%, for 3 years, half of which shall be filled by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth and other sectors except religious sector

526 yearsSENATEHOUSE OF REPRESENTATIVES3 YearsNoon on the 30th day of June next following the day of the election Unless otherwise provided by lawSection 2,4,7-9 Article 6 of 1987 Constitution

noon on the 30th day of June next following the day of the election; and unless otherwise provided by lawTerm of Office53

SENATEHOUSE OF REPRESENTATIVESSection 2,4,7-9 Article 6 of 1987 Constitution

Non-eligibility for ElectionNo senators shall serve for more than 2 consecutive terms

Voluntary Renunciation for any length of time shall not be considered as an interruption in the service for full term, for which he was electedNo member shall serve for more than 3 consecutive terms

Voluntary Renunciation for any length of time shall not be considered as an interruption in the service for full term, for which he was elected54Rules in case of:VACANCY in the SENATE or HOUSE OF REPRESENTATIVEA SPECIAL ELECTION may be called and the elected senators and member for such vacancy shall only served for the UNEXPIRED TERM

55Qualifications of CongressmenSenatorsNatural born citizen of the PhilippinesA registered voterAble to read and writeAt least 35 y/o on the day of the electionResident of the Philippines of not less than 2 years, immediately preceding such electionNatural born citizen of the PhilippinesAble to read and writeAt least 25 y/o on the day of the electionExcept for party list representatives, a registered voter in the district which he shall be elected and a resident thereof for a period of not less than 1 year immediately preceding such electionHouse of Representatives

Section 2 and 3, Article 7 of 1987 Constitution56Elections for Local Officials

57Elections for Local OfficialsMANNER OF ELECTION OF:1. GOVERNOR, VICE GOVERNOR, CITY MAYOR, CITY VICE MAYOR, MUNICIPAL MAYOR, MUNICIPAL VICE MAYOR AND PUNONG BARANGAY:- shall be elected at large by qualified voters in their respective locations.2. SANGGUNIANG KABATAAN CHAIRMAN FOR EACH BARANGAY- shall be elected registered voters of the katipunan ng kabataan pursuant to the LocalGovernment Code3. SANGGUNIANG PANLALAWIGAN, SANGGUNIANG PANLUNGSOD AND SANGGUNIANG BAYAN- shall be elected by district4. SANGGUNIANG BARANGAY MEMBERS- shall be elected at largePresidents of the leagues of Sangguniang members of component cities and municipalities shall serve as EX OFFICIO MEMBERS OF SANGGUNIANG PANLALAWIGAN, SANGGUNIANG PANLUNGSOD AND SANGGUNIANG BAYAN

58There shall be one sectoral representatives from:WomenWorkersUrban poorIndigenous cultural communitiesDisabled personsOther sectors as may be determined by the sanggunian concerned within 90 days prior to the next local electionDATE OF ELECTION: election shall be held every 3 years on 2nd Monday of May, unless otherwise provided by lawTERM OF OFFICE: 3 years which shall officially commence at:noon on the 30th day of Junefor barangay officials and members of sangguniang kabataan- after regular election of barangay officials on the 2nd Monday of MayNON ELIGIBILITY FOR RE-ELECTION: -no local official shall serve for more than 3 consecutive terms in thesame position-Voluntary Renunciation for any length of time shall notbe considered as an interruption in the service for full term, for which he was elected

Qualifications for Local OfficialsELECTIVE LOCAL OFFICIALS:Citizen of the PhilippinesA registered voter in the barangay, municipality, city, or provinceAble to read and write Filipino or any other local language or dialectMEMBERS OF SANGGUNIANG PANLALAWIGAN, SANGGUNIANG PANLUNGSOD AND SANGGUNIANG BAYAN:Citizen of the PhilippinesA registered voter in the district where he intends to be electedResident therein for at least 1 year immediately preceding the day of the electionAble to read and write Filipino or any other local language or dialect

60QUALIFICATION WITH REGARDS TO THE AGE:Governor, Vice Governor, Member of Sangguniang Panlalawigan, Mayor, Vice Mayor, Member of Sangguniang Panlungsod of Highly Urbanized Cities

Mayor, Vice Mayor of Independent ComponentCities, Component Cities, or Municipalities

Member of Sangguniang Panlungsod or bayanPunong Barangay or Member of Sangguniang Barangay

Sangguniang KabataanMust be at least 21 YEARS OLD on election dayMust be at least 18 YEARS OLD on election dayMust be at least 15 YEARS OLD but NOT MORE THAN 21 YEARS OLD on election day

Disqualifications for Local OfficialsSentenced by final judgment for an offense involving moral turpitude or offense punishable by imprisonment of 1 year or more or within 2 years after serving sentence

Removed from the office as a result of an administrative case

Convicted by final judgment for violating the oath of allegiance of the Republic

Has Dual Citizenship

Fugitives from justice in criminal or non-political cases, local or abroad

Permanent residents in foreign country or had acquired right to reside abroad and continue to avail same right after the effectivity of the Local Government Code

Insane or feeble-minded62

Rules in case of: Permanent vacancies in governor, vice-governor, mayor and vice-mayor offices

Vice governor or vice mayor concerned shall succeedHighest ranking Sangguniaan member or the second highest ranking Sanggunian member in case of permanent inability, shall succeed.Highest ranking Sanggunian Barangay Member shall succeed.Office of Governor or MayorOffice of Governor, Vice-governor, Mayor or vice-mayorOffice of the Punong Barangay,Draw lots in case of tie63Rules in case of: Automatic Succession does not apply (Appointment)

In case of Sangguniang Panlalawigan and Panlungsod of higly urbanized cities and independent component citiesIn the case of Component cities and the Sangguniang BayanIn case of sangguniang barangay (upon reccomendation)The PresidentThe GovernorCity or Municipal MayorTo be appointed by64Elections for Local Officials in Component and Highly Urbanized CitiesThe electorate of component cities shall be entitled to vote in the election for provincial officials of the province of which it is a part.

Sec. 30, RA 7166

65

Elections for Party-List RepresentativesCOMELEC shall publish the petition in at least two national newspapers of general circulationCOMELEC shall resolve the petition within 15 days from its submission after due notice and hearing Any organized group of persons may register as a party, organization or coalition File a petition to the COMELEC its verified statement to participate not later than 90 daysRequirements:ConstitutionBy-lawsPlatformList of officersCoalition agreementOther relevant information1234COMELEC shall prepare a certified list of national, regional or sectoral parties, organizations or coalitions which have applied for the party-list system5Distribution of copies of the certified list to all precincts for posting in the polling places on election day666Party-List RepresentativesSectorsLaborPeasantFisher folksUrban poorIndigenous cultural communitiesElderlyHandicappedWomenYouthVeteransOverseas workersProfessionals

67Removal and CancellationGroundsBeing a religious sect, denomination, organization or associationAdvocating violence or unlawful means to seek its goalBeing a foreign party or organizationReceiving support from any foreign government, political party, foundation, or organizationViolation or failure to comply with laws, rules or regulations on electionsDeclaring untruthful statements in its petitionCeasing to exist for at least one year

Failure to participate in the last two preceding elections or fails to obtain at least 2% of the votes cast under the party-list system in the two preceding electionsThe COMELEC may remove or cancel the registration of any party list motu proprio or upon verified complaint of any interested party upon due notice and hearing

68Party-list RepresentativesNominationA registered party shall submit to the COMELEC not less than five names from which the representative shall be chosen in case it obtains required number of votesOne person, with written consent in one list onlyNo change of names or other alterations after the submission of the list to COMELECQualificationsNatural born citizenRegistered voterResident of the Philippines for a period of not less than one year immediately preceding the day of electionAble to read and writeBona fide member of the party for at least 90 days preceding the day of electionAt least 25 years old, in cases of Youth sector, must be 25 years old but not more than 30.Party-list representatives shall constitute 20% of the total number of the members of the House of Representatives

69

A voter shall be entitled to two votes.Candidate for member of the House of RepresentativesParty to be represented in the House of Representatives

Party-list RepresentativesParties shall be ranked from highest to lowest based on the number of votes garnered during elections

70Parties organizations and coalitions receiving at least 2% of the total votes cast for the party-list system shall be entitled to one seat each.

Number of Party-list RepresentativesProvided that those garnering more than 2% of the votes shall be entitled to additional seats in proportion to their total number of votesProvided that each party shall be entitled to not more than three seats

71Procedures in allocating seats for Party-list representativesCOMELEC shall tally all the votes for the parties on nationwide basis and rank them according to number of votesThe COMELEC shall promulgate the necessary rules and regulations as may be necessary to carry out the purposes of the Party-List System Act.COMELEC shall allocate the representatives proportionately according to the percentage of votes obtained by each partyCOMELEC shall proclaim the representatives based on the names submitted by the parties according to their ranking 123

72Party-list representatives shall be elected for a term of 3 years beginning at the noon of June 30.

Term of OfficeVoluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was electedNo party-list representative shall serve for more than 3 consecutive terms

73Automatically filled by the next representative from the list of nominees in the order submitted to the COMELEC by the same party to serve for the unexpired term

Vacancy

74Entitles to the same salaries and emoluments as regular members of the House of Representatives

Rights of Party-list Representatives

75

Election Campaigns

Election Campaigns

Election CampaignsElection Campaign Period

90 days before Election DayPresidentVice-PresidentSenators45 days before Election DayRepresentativesElective city, provincial, city and municipal officials

79Ronald Allan Poe a.k.a. Fernando Poe Jr. vs. Gloria Macapagal ArroyoP.E.T. Case No. 002, March 29, 2005In an election protest only a real party in interest can substitute the protestant who died during the pendency of the controversy.

Altarejos vs. Commission on ElectionsG.R. No. 163256, November 10, 2004Section 39.Qualifications.-(a) An elective local official must be a citizen of the Philippines; a registered voter in the barangay, municipality, city, or province or, in the case of a member of the sangguniang panlalawigan, sangguniang panlungsod, or sangguniang bayan, the district where he intends to be elected; a resident therein for at least one (1) year immediately preceding the day of the election; and able to read and write Filipino or any other local language or dialect.(b) Candidates for the position of governor, vice-governor, or member of the sangguniang panlalawigan, or mayor, vice-mayor or member of the sangguniang panlungsod of highly urbanized cities must be at least twenty-one (21) years of age on election day.(c) Candidates for the position of mayor or vice-mayor of independent component cities, component cities, or municipalities must be at least twenty-one (21) years of age on election day.(d) Candidates for the position of member of the sangguniang panlungsod or sangguniang bayan must be at least eighteen (18) years of age on election day.(e) Candidates for the position of punong barangay or member of the sangguniang barangay must be at least eighteen (18) years of age on election day.(f) Candidates for the sangguniang kabataan must be at least fifteen (15) years of age but not more than twenty-one (21) years of age on election day.

Section 39 of the LGC provides for the qualifications of an elective officials

Altarejos vs. Commission on ElectionsG.R. No. 163256, November 10, 2004Note that the law does not specify any particular date or time when the candidate must possess citizenship, unlike that for residence (which must consist of at leastone years residency immediately precedingthe day of election) and age (at least twenty three years of ageon election day).

When must a winning candidate possess the citizenship qualification?

Altarejos vs. Commission on ElectionsG.R. No. 163256, November 10, 2004If the purpose of the citizenship requirement is to ensure that our people and country do not end up being governed by aliens, i.e., persons owing allegiance to another nation, that aim or purpose wouldnot be thwarted but instead achievedby construing the citizenship qualification as applying to the time of proclamation of the elected official and at the start of his term.

In case of a former Filipino citizen, Section 2 of RA No. 8171 provides that repatriation shall be affected by taking the necessary oath of allegiance to the Republic of the Philippines and registration in the proper civil registry and in the Bureau of Immigration. The Bureau of Immigration shall thereupon cancel the pertinent alien certification of registration and issue the certificate of identification as Filipino citizen to the repatriated citizen.Cipriano v. COMELECG.R. No. 158830, August 10, 2004The COMELEC has the ministerial duty to receive a certificate of candidacy filed in due form.

Socrates v. Commission on ElectionsG.R. No. 154512 November 12, 2002The first part provides that an elective local official cannot serve for more than three consecutive terms.The clear intent is that onlyconsecutive termscount in determining the three-term limit rule.The second part states that voluntary renunciation of office for any length of time does not interrupt the continuity of service.The clear intent is thatinvoluntary severancefrom officefor any length of timeinterrupts continuity of service and prevents the service before and after the interruption from being joined together to form a continuous service or consecutive terms.

COMMISSION ON ELECTIONSVox populi, vox DeiReport byJirene BuenoJustine ParroneMika PengsonEldan PocotKris TresvallesAdministrative & Election LawFEU-LLB4201Atty. Benedict Gonzales