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Election Law Review 05.06.15-2
Election Law Review 05.06.15-2
Election Law Review 05.06.15-2
Reviewer
on
Elec-on
Law
Alberto
C.
Agra
Ateneo
Law
School
May
1,
2015
Election Laws, Alberto C. Agra
Elec-on
Laws
1. 1987
Cons5tu5on
2. Omnibus
Elec5on
Code
(B.P.
Blg.
881)
3. Automated
Elec5on
Law
(R.A.
No.
9369
amending
R.A.
No.
8436)
4. Synchronized
Elec5ons
Act
(R.A.
No.
7166)
5. 1991
Local
Government
Code
(R.A.
No.
7160)
6. Fair
Elec5on
Act
(R.A.
No.
9006)
7. Voters
Registra5on
Act
of
1996
(R.A.
No.
8189)
Election Laws, Alberto C. Agra
1)
Commission
on
Elec-ons
Independent
7-Person
Cons-tu-onal
Body
(administra5ve
agency,
public
oce)
En
Banc
Quorum:
always
4
members
A
special
division
allowed
if
members
occupy
posi5on
in
temporary
capacity
or
via
subs5tu5on
Plenary
authority
to
decide
all
ques5ons
aec5ng
elec5ons
except
the
ques5on
as
to
the
right
to
vote
Enjoys
scal
autonomy;
mandate
to
fund
elec5ons
includes
regular
and
special
elec5ons;
can
augment
GAA
items
from
savings;
Shoulder
all
recall-related
expenses
Wide
discre5on
in
adop5ng
means
to
carry
out
its
mandate
of
ensuring
HOPE
(not
be
straitjacketed
by
procedural
rules)
Sebng
date
of
plebiscite
But
cannot
regulate
speech
(content)
of
non-candidates/
non-members
of
poli5cal
par5es
Election Laws, Alberto C. Agra
1)
Commission
on
Elec-ons
E nforcement
Power:
All
elec5on
laws
(persons
and
policies)
J udicial
Power:
Qualica5ons
and
Elec5on
Contests
(excludes
Surage)
J urisdic-on:
Original
(Regional,
Provincial
and
City);
and
Appellate
(Municipal,
Barangay
and
Sangguniang
Kabataan)
L oses
jurisdic5on
to
HRET
when
[valid]
proclama5on,
oath
and
assump5on
of
oce
emedies:
En
Banc
(MR,
administra5ve)
and
Division
(1st
R
instance,
judicial);
SC
only
nal
decisions,
not
interlocutory
Election Laws, Alberto C. Agra
1)
Commission
on
Elec-ons
rocess:
Division
-
MR
to
En
Banc
(not
SC
since
there
is
plain,
adequate
and
P
speed
remedy)
-
Cer5orari
to
SC
arty
which
is
s5ll
in
process
of
incorpora5on
is
not
a
juridical
person
and
P
thus
no
locus
standi
to
ques5on
a
Comelec
Resolu5on;
Broadcast
companies
have
standing
in
assailing
Comelec
Resolu5on
on
air5me
J udicial:
Disqualica5on,
Elec5on
Protest,
Quo
Warranto,
Pre-Proclama5on,
Annulment
of
Proclama5on,
Intra-
and
inter-party;
cancella5on
of
a
cer5cate
of
candidacy;
leadership
(not
expulsion
of
member)
dministra-ve:
Failure
of
Elec5ons,
Postponement
of
Elec5ons,
Elec5on
A
Oense,
Annulment
of
Book
of
Voters;
cancella5on
of
cer5cate
of
candidacy
based
on
nal
judgment
on
convic5on
with
ancillary
penalty
of
DQ
Contempt:
Judicial
(not
Administra5ve)
2)
Voters:
Concepts
What?
Surage
is
a
Right
(not
an
obliga5on)
ho?
Qualica5ons
dened
in
Cons5tu5on;
W
Disqualica5ons
dened
in
Statute;
Allow
Absentee
Vo5ng,
Dual
Ci5zens,
Disabled
and
Illiterates
to
Vote
ow?
Procedural
Requirements
allowed
to
be
H
imposed,
Substan5ve
not
allowed
2)
Voters:
Qualica-ons
Filipino
Ci-zen
At
least
18
years
of
age
on
elec5on
day
esident
in
Philippines
for
at
least
1
year
prior
to
R
elec5on
day
(domicile;
permanent
residency)
esided
in
place
wherein
propose
to
vote
for
at
least
R
6
months
prior
to
elec5on
day
(permanent
or
temporary)
Free
from
Disqualica5ons
In
order
to
vote,
must
be
a
registered
voter
Election Laws, Alberto C. Agra
2)
Voters:
Disqualica-ons
S entenced
by
nal
judgment
imprisonment
of
1
year
or
more
S entenced
to
suer
accessory
penalty
poli5cal
rights
djudged
by
nal
judgment
crime
involving
A
disloyalty
Court-declared
insane
and
incompetent
persons
Election Laws, Alberto C. Agra
2)
Voters:
Registra-on
Nature:
Con5nuing
Lis-ng:
Computerized
List
at
all
Levels
Number:
200
Voter-Precinct
(unless
clustered)
hanges:
Permanent
but
subject
to
changes
(+
or
C
-):
New
Voters;
Transfer;
Deac5va5on
and
Ac5va5on;
Cancella5on;
Inclusion
and
Exclusion;
and
Annulment
of
Book
of
Voters
Election Laws, Alberto C. Agra
10
2)
Voters:
Deac-va-on
Disqualied
to
Vote
Failed
to
Vote
in
2
preceding
elec5ons
Registra5on
Excluded
by
the
Court
Lose
Filipino
Ci5zenship
11
2)
Voters:
Opposi-on
What?
Applica5ons
not
yet
resolved
Where
Oppose?
Elec5on
Registra5on
Board
ho
may
Oppose?
Voter,
Candidate
or
Poli5cal
W
Party
When?
Specied
Period
How
Oppose?
File
Wripen
Opposi5on/
Challenge
Why
Oppose?
Not
Qualied,
Fic55ous
Appearance?
Mandatory
if
applica5on
opposed
Election Laws, Alberto C. Agra
12
2)
Voters:
Inclusion/
Exclusion
What?
Applica5ons
already
acted
upon
here
File?
MTC
(not
Comelec),
then
RTC
(not
W
Comelec),
then
SC
(ques5on
of
law)
rounds?
Disapproval
or
Name
Stricken
Out
G
(Inclusion);
Not
Qualied
or
Voter
Not
Real
(Exclusion)
When?
Specied
Period
Election Laws, Alberto C. Agra
13
2)
Voters:
Annulment
of
Book
of
Voters
Annul
What?
Book
of
Voters
per
precinct
Where
File?
Comelec
hen
Filed?
Normally,
aqer
period
to
le
W
inclusion/
exclusion
lapses
Who
Files?
Any
Voter,
EO
or
Party
hat
Grounds?
(1)
Book
Prepared
Improperly,
W
Prepara5on
Apended
with
Vice
or
Fraud,
and
(2)
Book
contains
Sta5s5cally
Improbable
Data
(not
qualica5on
of
voters)
Election Laws, Alberto C. Agra
14
15
3)
Ocials:
Elec-ve
Na-onal
Oce
resident;
Vice-President;
Senators
(24;
1/2);
P
Representa5ves
(District
and
Party-List)
Local
Oce
L CE:
Regional
Governor,
Provincial
Governor,
City
or
Municipal
Mayor
and
Punong
Barangay;
VLCE:
Vice-Governor
and
Vice-Mayor;
Sanggunian
Members
Election Laws, Alberto C. Agra
16
3)
Ocials:
Party-List
Mul5-Par5sm/
Party
Loyalty/
Social
Jus5ce
types
of
groups:
na5onal,
regional
(need
not
be
sectoral)
or
sectoral
(principal
3
advocacy;
not
exclusive
list,
includes
LGBT;
no
need
to
show
track
record)
par5es
or
organiza5ons;
poli5cal
par5es
can
provided
not
eld
candidates
for
district
representa5ves
or
through
sectoral
wing
in
a
coali5on
Exclusive
to
Marginalized/
Nominees
Organic
or
Synthe5c
and
members
of
party
Qualica5ons
possessed
5me
of
appointment
and
tenure
Only
in
House
(20%
of
Total):
#
of
LD/
0.8
x
0.2
2%
Threshold
(and
un5l
lled
up;
even
if
not
obtain
2%);
3-Seat
Maximum
rocess:
Registra5on
and
Accredita5on;
Delis5ng/
Cancella5on:
imputable
to
party
P
(e.g.
not
submit
5
nominees);
party-list
group
dis5nct
from
nominees
Election Laws, Alberto C. Agra
17
3)
Ocials:
Candidate
eni-on:
Seeks
public
oce
and
les
cer5cate
of
candidacy
and
D
campaign
period
has
started
(but
cannot
campaign
before
campaign
period)
Nicknames
must
dieren5ate
one
candidate
from
another
person
inisterial
Duty:
If
led
in
due
form,
ministerial
duty
to
receive
COC;
M
Comelec
may
look
into
patent
defects
(appearing
on
the
face)
of
CoCs
E ect
of
Non-Filing:
Not
a
candidate
(not
liable
for
unlawful
acts
and
omissions
before
becoming
a
candidate;
before
start
of
campaign
period)
E ect
of
Filing:
On
Tenure
of
Incumbents
(elec5ve
remain
in
oce;
appoin5ve
ipso
facto
resigned)
Election Laws, Alberto C. Agra
18
3)
Ocials:
Subs-tu-on
rounds:
(1)
Death,
(2)
Withdrawal,
and
(3)
G
Disqualica5on
(not
allowed
if
violate
term
limit;
not
meet
residency
requirement;
CoC
denied
due
course
or
cancelled
nuisance
and
material
misrepresenta5on);
if
invalid
subs5tu5on
not
considered
a
candidate
Who?
Subs5tute
must
be
Qualied
When?
Up
to
mid-day
of
elec5on
day
Subs-tute?
Qualied
and
Same
Party
L imita-ons:
Subs5tuted
can
no
longer
run
for
any
other
posi5on;
Withdrawal
not
aect
liabili5es
Election Laws, Alberto C. Agra
19
3)
Ocials:
Qualica-ons
Lis-ng:
Set
by
the
Cons5tu5on
(na5onal)
and
statutes
(local)
Ci5zenship
DQ:
aqer
renuncia5on,
used
foreign
passport
4x
Age
Residency
Registered
Voter
Literacy
Free
from
Disqualica5ons
[Undertake
Drug
Test
under
CDDA
OF
2002,
uncons5tu5onal]
Procedure:
Electoral
aspect
of
DQ
(administra5ve
proceeding):
summary
Election Laws, Alberto C. Agra
20
3)
Ocials:
Disqualica-ons
Lack
qualica5ons/
possess
some
disqualica5ons
Violate
Term
Rule
(1-2-3
terms)
Violated
when
provincial
board
member
elected
to
4th
term
for
renamed
district;
not
violated
when
assume
aqer
winning
elec5on
protest
Commission
of
an
elec5on
oense
Nuisance
Candidate
Sentenced
by
Final
Judgment
(accessory
penalty)
Restora5on
of
civil
and
poli5cal
in
the
disposi5ve
por5on
of
the
presiden5al
pardon
amounts
to
express
restora5on
of
right
to
hold
public
oce
Revised
Penal
Code
more
specic
than
1991
LGC
Cancella5on
of
cer5cate
of
candidacy
based
on
nal
judgment
on
convic5on
with
ancillary
penalty
of
DQ
(administra5ve)
Willfully
Commits
Material
Misrepresenta5on
No
valid,
5mely
and
properly
led
cer5cate
of
candidacy
Grounds
under
the
1991
LGC,
for
local
elec5ve
ocials
21
3)
Ocials:
Disqualica-ons
Lack
of
Qualica-ons
Grounds?
Cons5tu5on
or
Statutes
ot
meet
residency
requirement
and
disqualied
never
a
n
candidate,
de
facto
ocer,
highest
placer
(2nd
placer)
assumes,
succession
does
not
operate
22
3)
Ocials:
Disqualica-ons
Commission
of
Elec-on
Oense
hat
Oenses?
Vote-Buying,
Terrorism,
Unlawful
W
Expenditures,
Unlawful
Campaign,
Coercion
of
Subordinates,
Threats,
Prohibi5on
against
Release
of
Public
Funds
(other
elec5on
oenses
le
EO
case
RTC
hears)
If
penalized
in
laws
other
than
OEC,
Sec5on
68
not
proper
23
3)
Ocials:
Disqualica-ons
Nuisance
Candidate
ho
Is?
Campaign
Capability,
Inten5on,
Performance,
W
Exposure,
Plauorm,
Party
Alia5on,
Organiza5on,
Profession,
Income,
Health,
Educa5on,
Name
Where
File?
Comelec
Division
hen
File?
Within
5
days
from
Last
Day
Filing
of
W
Cer5cate
of
Candidacy
If
Not
File?
No
remedy
Election Laws, Alberto C. Agra
24
3)
Ocials:
Disqualica-ons
Misrepresenta-on
hat?
Misrepresenta5on
must
be
Material
(pertains
to
W
Qualica5ons
and
Disqualica5ons;
not
surname,
profession,
poli5cal
party)
and
Willful/
Deliberate;
Even
if
there
is
misrepresenta5on,
if
actually
qualied,
not
disqualied
Ground:
non-residency
Not
ground:
Use
of
nicknames;
profession
(accountant)
25
4)
Campaign:
Concept
eni-on:
Act
designed
to
promote
the
elec5on
D
or
defeat
of
a
candidate
pera-ve
Act:
Intent/
Design
material
(not
all
O
acts
of
benecence
are
considered
campaigning)
and
Period
(start
of
campaign)
Applica-on:
All
Candidates
for
All
Elec5ve
Oces
Framework:
Regulated
but
Liberalized
Election Laws, Alberto C. Agra
26
27
4)
Campaign:
Propaganda
Paid
Poli5cal
Adver5sements
Free
Space
and
Air5me
Use
of
Gadgets
and
Billboards
Private
Poster
Areas
Pos5ng
in
Private
Places
28
4)
Campaign:
Forms
Printed
Materials
(8.5W
x
14L)
Lepers
Posters
(2x
3)
in
Poster
Areas
(12x
16)
Rally
Streamers
(3x
8)
29
30
31
5)
Prohibited
Contribu-ons
Financing
Ins5tu5ons
Public
U5lity
Operator
Natural
Resources
Explorer
Government
Contractors
Franchise
Holders
Donee
Ins5tu5on
from
Government
Educa5onal
Ins5tu5ons
Foreigners/
Foreign
Corpora5ons
Election Laws, Alberto C. Agra
32
Not
le
Statement
Expenditures
made
by
non-authorized
persons
Election Laws, Alberto C. Agra
33
5)
Lawful
Expenditures
Use
of
Facili5es
Adver5sements
Travel
Mee5ngs/ Rallies
Compensa5on
Counsel*
Communica5ons
opying
of
List
of
C
Voters*
Wripen Materials
Sample Ballots*
Pollwatchers
Oce/
HQ
Volunteers*
(*
-
not
included
in
cap)
Election Laws, Alberto C. Agra
34
6)
Postponement
of
Elec-ons
rounds:
(1)
Force
majeure,
(2)
Violence,
(3)
G
Terrorism,
(4)
Loss
or
Destruc5on
of
Elec5on
Paraphernalia,
and
(5)
Analogous
Causes
E xtent:
Serious
and
Impossible
to
have
free
and
orderly
elec5ons
Condi-ons:
Grounds
must
exist
before
vo5ng
uthority:
Comelec
en
banc
(pe55on
or
motu
A
propio);
not
BEI
or
elec5on
ocers
Result:
Special
Elec5ons
Election Laws, Alberto C. Agra
35
6)
Failure
of
Elec-ons
rounds:
(1)
Force
majeure,
(2)
Violence,
(3)
Terrorism,
(4)
G
Fraud,
and
(5)
Analogous
Causes
Extent:
Failure
to
elect
and
aect
results
of
elec5ons
E xamples:
Failure
-
transfer
of
venue
of
coun5ng
without
no5ce,
ballots
replaced/
burned;
No
Failure
vo5ng
resumes
aqer
sporadic
violence/
gun
re,
fake
ballots,
landslide
results,
vote-buying,
destruc5on
of
copies
of
ERs
ondi-ons:
Elec5on
not
held
or
suspended,
Aqer
vo5ng,
C
During
prepara5ons
or
transmission
of
elec5on
returns,
Canvassing
Authority:
Comelec
en
banc
(pe55on)
Result:
Special
Elec5ons
Election Laws, Alberto C. Agra
36
7)
Automated
Elec-ons
S tatutory
Bases:
RA
9369
amending
RA
8436
utomated
Elec-on
System:
vo5ng,
A
coun5ng,
consolida5ng,
canvassing,
and
transmission
(not
proclama5on)
aper-Based
or
Direct
Recording
Elec-on
P
System:
Ballots,
Elec5on
Returns,
Cer5cate
of
Canvass,
Statement
of
Votes
Comelec
Discre-on:
AES
or
AESs,
Paper-
Based
or
Direct
Recording
Election Laws, Alberto C. Agra
37
7)
Automated
Elec-ons
F eatures:
Use
of
Ballots,
Stand-alone
machine,
with
Audit
Trails,
Minimum
Human
Interven5on
and
Security
Measures
icture
images
of
ballots
func5onal
equivalent
of
P
ballots
38
39
7)
Automated
Elec-ons
rocesses:
Cas5ng,
Coun5ng
and
P
Transmission
at
Precinct
Level
recinct-Level
Result:
Prin5ng
of
Elec5ons
P
Returns
(30
copies)
then
Electronic
Transmission
to
Board
of
Canvassers;
Results
loaded
in
Data
Storage
Devices
anvassing
at
BoC:
Consolida5on
of
Results
C
in
Data
Storage
Devices
then
Electronic
Transmission
to
Comelec
(Senate
and
Party-
List)
and
Congress
(President
and
Vice-
President)
and
Proclama5on
Election Laws, Alberto C. Agra
40
Congress
COMELEC
Transmission
and Canvass
National Board
of Canvassers
COMELEC CENTRAL
SERVER
INTERNET
Mun./City Canvass Report
Municipal/City
Board of
Canvassers
Election Returns
Precinct
Election
Watch
Groups
8)
Pre-Proclama-on
Cases
Aspects:
BoC-related
and
Results-related
llowed:
Objec5ons
pertaining
to
Proceedings
and
A
Composi5on
of
BoC;
Pollwatchers-related;
Data-Storage
Delayed,
Destroyed,
Falsied
(before
canvass)
Not
Allowed:
1. Material
Defects,
Manifest
Errors,
Omission,
Discrepancy
2. Rules
of
Apprecia5on;
Violence;
Vo5ng
Procedure;
Eligibility
of
Voters
(whether
manual
or
AES)
Election Laws, Alberto C. Agra
42
9)
Post-Proclama-on:
Elec-on
Protests
rounds:
Fraud
and
Irregulari5es
in
Cas5ng,
Coun5ng
and
G
Canvassing
ocuments
in
Ques-on/
Evidence:
Ballots,
ERs,
CoCs
and
D
Data-Storage
Devices
enue:
P/VP
(PET);
Senators
(SET);
Representa5ves
(HRET);
V
Regional;
Province;
City
(Comelec
Division);
Municipality
(RTC);
Barangay
(MTC)
equirements:
Filed
by
candidate;
Within
period;
Protestee
R
proclaimed;
Payment
of
ling
fee;
Allega5ons
of
fraud;
Iden5fy
precincts;
Veried;
Cer5cate
of
non-forum
shopping
rocedure:
Revision;
Trial;
Technical
examina5on
op5onal
P
even
if
not
in
rules;
picture
images
of
ballots
used
for
revision
If
prosper:
protestee
removed,
true
winner
proclaimed
Election Laws, Alberto C. Agra
43
9)
Post-Proclama-on:
Quo
Warranto
Grounds:
Disloyalty
to
Republic;
Ineligibility
Venue:
Same
as
Elec5on
Protest
I f
prosper:
Respondent
ousted;
special
elec5ons
or
succession
44
9)
Post-Proclama-on:
Annulment
of
Proclama-on
rounds:
Proclama5on
based
on
irregular
and
G
illegal
canvass
Period
to
File:
10
days
from
proclama5on
Venue:
Comelec
Division
Eect:
Proclama5on
annulled
45
46