Election Law Midterm Reviewer: Atty Gallant Soriano

Chapter 1: General Provisions

Definition:

Election:

- The means by which the people choose their officials for
definite and fixed periods and to whom they entrust, for the
time being as their representatives, the exercise of powers of
the government.

- Involves the selection or choice of a candidate by popular
vote

Different Kinds of Election:

a. General Elections

- Provided by law


b. Special Elections

- Provided by law

- Under special circumstances:

o Death
o Resignation
o Permanent Disability

- election held by referendum or plebiscite



Suffrage:

- The right and the obligation of qualified citizens to vote in the
election of certain national and local officers of the
government and in the decision of public questions
submitted to the people



Theories on Suffrage (NSTPFE)

1. Natural Right

- Natural and inherent right of every citizen by the virtue of
membership to the state

2. Social Expediency

- Public office or function upon those who are fit and capable
of discharging

- Not a right but a duty

3. Tribal

- Is a necessary attribute of membership in a State
- Not a natural right but acquired only when one becomes a
member of the State

4. Feudal

- Vested privilege usually accompanying the ownership of land

5. Ethical

- Necessary and essential means for development of society

6. Philippine Theory

- Suffrage is a right because its a privilege not granted to
everyone

- Duty of every citizen



Legal Basis

1. BP 881 OEC Section 4 and Article 5 Section 4 1973
Constitution:

Obligation to register and vote. - It shall be the obligation of
every citizen qualified to vote to register and cast his vote.


Memorize:

ARTICLE V
SUFFRAGE
Section 1. Suffrage may be exercised by all citizens of the
Philippines, not otherwise disqualified by law, who are at least
eighteen years of age, and who shall have resided in the Philippines
for at least one year and in the place wherein they propose to vote,
for at least six months immediately preceding the election. No
literacy, property, or other substantive requirement shall be imposed
on the exercise of suffrage.

Scope of Suffrage:

1. Plebiscite

A vote of the people expressing their choice for or
against a proposed law or enactment submitted to them

In the Philippines: it is applied to an election at which
any proposed amendment to, or revision of, the
Constitution is submitted to the people for ratification

It is also required by the Constitution to secure the
approval of the people directly affected,

2. Referendum

Submission of a law passed by the national or local
legislative body to the registered voters at an election
called for the purpose of their ratification or rejection

Mode for appealing from an elected body to the whole
body of voters

3. Initiative

Process whereby the registered voters directly propose,
enact or amend laws, national or local, through an
election called for that purpose

Congress is mandated by the Constitution to provide a
system of initiative and referendum which have been
declared as the people power feature of the
Constitution

Amendments to the Constitution may be proposed
through an initiative

4. Recall

Method by which a public officer may be removed from
office during his tenure or before the expiration of his
term by a vote of the people after registration of a
petition signed by a required percentage of the qualified
votes

Provisions on Suffrage

1935
Constitution
1973
Constitution
1987
Constitution
Basis Article 5 Sec 1 Article 6 Sec 1 Article 5 Sec 1
Gender Male Only No distinction No distinction
Age Above 21 Above 18 Above 18
Residency 1 year in the
PH
6 mos place
where
registered
1 year in the
PH
6 mos place
where
registered
1 year in the
PH
6 mos place
where
registered
Literacy Yes No need No need


Requisites of Suffrage

1. Qualified Article 5 Sec, 1 1987 Constitution

Section 1. Suffrage may be exercised by all citizens of the
Philippines, not otherwise disqualified by law, who are at least
eighteen years of age, and who shall have resided in the Philippines
for at least one year and in the place wherein they propose to vote,
for at least six months immediately preceding the election. No
literacy, property, or other substantive requirement shall be imposed
on the exercise of suffrage.


2. Not Qualified Section 118 BP 881 but amended with RA
8189 Section 11

Section 118. Disqualifications. - The following shall be disqualified
from voting:
(a) Any person who has been sentenced by final judgment to suffer
imprisonment for not less than one year, such disability not having
been removed by plenary pardon or granted amnesty: Provided,
however, That any person disqualified to vote under this paragraph
shall automatically reacquire the right to vote upon expiration of five
years after service of sentence.
(b) Any person who has been adjudged by final judgment by
competent court or tribunal of having committed any crime involving
disloyalty to the duly constituted government such as rebellion,
sedition, violation of the anti-subversion and firearms laws, or any
crime against national security, unless restored to his full civil and
political rights in accordance with law: Provided, That he shall regain
his right to vote automatically upon expiration of five years after
service of sentence.
(c) Insane or incompetent persons as declared by competent
authority.

3. Registered in the List of Voters

a. Section 10 BP 8189
b. Section 6 (2) BP 9189
c. Section 4 BP 881
d. Section 4 Article 5 of the 1973 Constitution
e. Section 1 Article 5 of the 1987 Constitution

4. No further qualification

- no more literacy
- property
- other substantive requirements
o marital status
o religion
o work


Election and Campaign Periods

Section 3 BP881

1. President and VP election 90 days
2. Members of Batasang Pambansa and Local Election
45 days
3. Barangay Election - 15 days

Unless otherwise fixed in special cases by the COMELEC,
election period shall commence 90 days before the election
and shall end 30 days after.


Chapter 2: Pre election

1. Registration
2. Challenge
3. Inclusion
4. Exclusion
5. Voters: Qualification and Disqualifications
6. Certificate of Candidacy
7. Precints and Polling Places
8. Ballot boxes
9. Watchers
10. Petition to deny course
11. Political Parties
12. Election Campaign

A. Registration

Activity: Duty to register

Legal Basis:

Section 4 BP 881

Section 115 BP 881

Section 115. Necessity of Registration. - In order that a
qualified elector may vote in any election, plebiscite or
referendum, he must be registered in the permanent list of
voters for the city or municipality in which he resides.

Definition: Section 3 RA 8189

Registration

- refers to the act of accomplishing and filing of a sworn
application for registration by a qualified voter before the
election officer of the city or municipality wherein he resides
and including the same in the book of registered voters upon
approval by the Election Registration Board


Qualifications of a Voter

Sec. 117 BP 881

o same as stated in Section 1 Article 6 of the 1987
Constitution
o any person who transfers residence to another city,
municipality, or country solely by reason of his:
occupation
service in the military
national police force
confinement / detention in government
institutions in accordance with the law
shall be deemed not to have lost his ORIGINAL
residence.




RA 9189 Absentee Voting Act of 2003

- ensure equal opportunity to all qualified citizens of the PH
abroad in the exercise of their right to participate in the
election of P, VP, S, and PLR.

Qualified / Covered:
- at least 18 years old
- not disqualified by law
- citizens of PH abroad

Disqualified:
- lost their PH citizenship in accordance with PH laws
- expressly renounced their PH citizenship and who have
pledged allegiance to a foreign country
- insane / incompetent by competent authority in the PH or
abroad

Article 5 Section 2 1987 Constitution

The Congress shall

1. provide a system for securing the secrecy and sanctity of
the ballots; as well as

2. the system for absentee voting by qualified Filipinos
abroad.



System of Continuing Registration of Voters

Section 8 RA 8189

Personal filing of application of registration of voters shall be
conducted:

- on a daily basis
- in the office of the Election Officer during regular office hours
- No registration:
o 120 days before regular election
o 90 days before a special election

RA 10367 - Mandatory Biometric Act

1. New applicants: mandatory biometrics
2. Previous applicants: subject themselves before October 31,
2015 for biometrics capture



B. Challenge, Inclusion, Exclusion and Challenge to
Right

RA 8189 Section 18

Who may challenge?

- any voter
- any candidate or
- any representative of a registered political party

How?

1. in writing
2. under oath
3. attached to the application together with
4. proof of notice of hearing to the challenger and the
applicant
5. stating the grounds

What may be challenged?

Any application for registration
Procedure:

Hearing: 3
rd
Monday of the month
Decision: by the end of the month

Opposition to Challenge:

- filed not later than the 2
nd
Monday of the month
- if falls on a holiday: next following working day

Inclusions

Section 34 RA 8189

Who may apply?
- any person whose application for registration has been
disapproved by the Board
- any person whose name has been stricken out from the list

When?

- 105 days before a general election
- 75 days prior to a special election

What to file?

- application supported by a certificate of disapproval of his
application
- proof of service of his petition

Decision: 15 days after filing



Exclusion

Section 35 RA 8189

Who may file?

- any registered voter
- representative of a political party

Requirements

- sworn petition with:
o name
o address
o precinct number of challenged votes
- proof of notice to the Board and Challenged votes

When?

- 100 days before a general election
- 60 days prior to a special election

Decision: 10 days after filing

Where to file Inclusion and Exclusive Cases

Section 33 RA 8189

MTC and MeTC original and exclusive jurisdiction in their
respective cities and nationalities

May be appealed: RTC within 5 days from receipt of notice

Decision of RTC: 10 days from time it is received

NO MOTION FOR RECONSIDERATION!

Annulment of Book of Voters

Section 39 RA 8189

Who may file?

1. any voter
2. election officer
3. duly registered political party

Requirements:

1. verified petition
2. stating the grounds

Grounds:

1. fraud
2. bribery
3. forgery
4. impersonation
5. intimidation
6. force

Limitations:

No ruling or decision within 90 days before an election

C. Qualification and Disqualifications of Officers

Qualifications for National Elective Officials

President and
VP
Senate House of Rep
Basis Art 7 Sec 2
1987 Const
Article 6 Sec 3
1987 Const
Article 6 Sec 6
1987 Const
Citizen Natural born Natural born Natural born
Age At least 40 yo At least 35 yo At least 25 yo
Literacy Able to read
and write
Able to read
and write
Able to read
and write
Voter
Registration
Registered
Voter
Registered
Voter
Registered
Voter in district
Residence 10 years 2 years 1 year


Why does an official need to be a natural born citizen?

- must hold absolute and undivided allegiance and loyalty
- presumption: always be inclined to owe allegiance to the
country of birth

Qualifications for Local Elective Officials

Governor
and VG
Mayor
(HUC)
Mayor and
VM (City)
SP and
SB
Basis RA 7160
Sec 39
RA 7160
Sec 39
RA 7160
Sec 39
RA 7160
Sec 39
Citizen Citizen Citizen Citizen Citizen
Age At least 23
yo
At least 23
yo
At least 21
yo
At least 18
yo
Literacy Able to
read and
write +
other local
language
Able to
read and
write +
other local
language
Able to
read and
write +
other local
language
Able to
read and
write +
other local
language
Voter
Registration
Registered
Voter
Registered
Voter
Registered
Voter
Registered
Voter in
district
Residence 1 year
province

2 yrs - PH
1 year
province

2 yrs - PH
1 year
province

2 yrs - PH
1 year
province

2 yrs - PH





Definition of Terms:

Candidate: Section 79(a) BP 881

- any person aspiring for or seeking an elective office who has
filed for a certificate of candidacy by himself or through an
accredited political party

Qualification

- a condition or circumstance that must be met or complied
with to make a person suitable for a part or position

Disqualification

- the quality of not being suitable for a particular position

Natural Born Citizen

- those who are citizens of the PH from birth
- without having to perform any act to acquire or perfect their
citizenship
- born on or before January 17, 1973 of Filipino mother who
elect PH citizenship upon reaching age of majority

Residence

- indicate place of abode whether permanent or temporary

Domicile: Article 50 CC

- for the exercise of civil rights and the fulfillment of civil
obligations
- domicile as place of habitual residence