POLITICAL LAW REVIEWER 3.

Identifiable political organizations and strengths

ELECTION LAWS 4. Ability to fill a complete slate of candidates
5. Other analogous circumstances
Election Grounds for Challenging the Voter
1. Illegal voters ( Not Registered / Using the name of another / disqualified )
 Embodiment of the popular will, the expression of the sovereign power of the
2. Based on certain illegal acts (Vote buying)
people.
Acquisition of Juridical Personality
Components:
 Choice or selection of candidates to public office by popular vote
It is acquired upon registration with the COMELEC.
 Conduct of the polls
 Listing of votes Forfeiture of Status as a Registered Political Party
 Holding of Electoral campaign
The status shall be deemed forfeited if the political party, singly or in coalition
 Act of casting and receiving the ballots from the voters
with others, fails to obtain at least 10% of the votes cast in the constituency in
 Counting the ballots
which it nominated and supported a candidate/s in the election next following its
 Making the election returns
 Proclaiming the winning candidates registration. There shall be notice and hearing.
Regular election – refers to an election participated in by those who possess the Candidates
right of suffrage and not disqualified by law and who are registered voters.
Rules on Filing of Certificates of Candidacy
Special election – is when there is failure of election on the scheduled date of 1. No person shall be elected into public office unless he files his certificate of
regular election in a particular place or which is conducted to fill up certain candidacy within the prescribed period
vacancies, as provided by law. 2. No person shall be eligible for more than one office. If he/she files for more
Political Parties than one position, he shall not be eligible for all unless he cancels all and
Definition (Omnibus Election Code) retains one
3. The certificate of candidacy shall be filed by the candidate personally or by
An organized group of persons pursuing the same ideology, political ideas or his duly authorized representative.
platforms of government including its branches and divisions. 4. Upon filing, an individual becomes a candidate, he is already covered by rules,
restrictions and processes involving candidates.
Types of Political Parties Grounds for Disqualification
1) Registered Parties: 1. Election offenses under Sec 68 of the Omnibus Election Code (OEC)
1. Dominant Majority Party – usually the administration party; entitled to a copy 2. Not possessing qualifications and possessing disqualifications under the Local
of election return Government Code
2. Dominant Minority Party – entitled to a copy of election return
3. Majority Political Party 2.1 Sentenced by final judgment for an offense involving moral turpitude or for
4. Top 3 Political Parties – entitled to appoint principal watcher and a copy of an offense punishable by one year or more of imprisonment within two years
the certificate of canvass after serving sentence
5. Bottom 3 political parties – entitled to appoint principal watcher
2) Non-registered parties 2.2 Removed from office as a result of an administrative case
Criteria to Determine the Type of Political Party
1. Established Record of the said parties, showing in past elections 2.3 Convicted by final judgment for violating the oath of allegiance to the
2. Number of Incumbent Elective Officials Republic

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2.4 Dual citizenship ( more specifically, dual allegiance) Nuisance Candidates

2.5 Fugitives from justice in criminal or non-political cases here or abroad A. The term refers to candidates who have no bona fide intention to run for the
office for which the certificate of candidacy has been filed and would thus
2.6 Permanent residents in a foreign country or those who have acquired the prevent a faithful determination of the true will of the people.
right to reside abroad and continue to avail of the same right
B. Power of COMELEC
2.7 Insane or feeble-minded
1. May refuse to give due course to or cancel a certificate of candidacy of a
1. Nuisance candidate nuisance candidate. This can be done motu proprio or upon verified petition
2. Violation of sec 73 of OEC with regard to certificate of candidacy of an interested party.
3. Violation of sec 78 which is material misrepresentation of reqts under sec. 74.
* Disqualifications (from continuing as a candidate or from holding the office if 2.There should be a showing that:
already elected):
1. Certificate of candidacy has been filed to put the election process in
Any candidate, who in an action or protest in which he is a party is declared by mockery/disrepute or
final decision of a competent court guilty of, or is found by the Commission of 2. To cause confusion among the voters by the similarity of the names of the
having: registered candidates
3. Other circumstances which clearly demonstrate that the candidate has no
1. Given money or other material consideration to influence, induce or corrupt bona fide intention to run for the office…
the voters or public officials performing electoral functions. Petition to deny due course to or to cancel a Certificate of Candidacy
2. Committed acts of terrorism to enhance his candidacy
3. Spent in his election campaign an amount in excess of that allowed by the A. Exclusive ground: A material representation in the certificate of candidacy is
Omnibus Election Code ) false.
4. Solicited, received or made any contribution prohibited under this Code
5. Violated any of the following sections: Section 80, 83, 85,86,261 B. The petition should be filed not later than 25 days from the filing of the
6. Permanent resident of or an immigrant to a foreign country shall not be certificate of candidacy.
qualified to run for any elective office UNLESS he/she has waived his/her
status as a permanent resident/immigrant of a foreign country in accordance C. It should be decided not later than 15 days before the election, after due
with the residence requirement provided for under election laws. notice and hearing.
Effect of a Disqualification case (under RA 6646)
Election Campaign/Partisan Political Activity
1. Any candidate who has been declared by final judgment to be disqualified
Ø Definition
shall NOT be voted for. The votes cast in his favor shall not be counted.
2. If the candidate is not disqualified by final judgment before the election and
1) It refers to an act designed to promote the election or defeat of a particular
receives the highest number of votes in the election, the court or COMELEC
will continue with the trial and hearing of the action, inquiry or protest. Upon candidate/s to a public office
motion of the complainant or intervenor, the court or COMELEC may order the
suspension of the proclamation of the candidate whenever the evidence of his 2) It includes:
guilt is strong.

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A. Forming organizations, associations, clubs, committees or other groups of Rally streamers (3’ x 8’) NOT MORE THAN 2
persons for the purpose of soliciting votes and/or undertaking any campaign for
or against a candidate. Paid Advertisements at Discounted Rates

B. Holding political caucuses, conferences, meetings, rallies, parades or other
similar assemblies for the purpose of soliciting votes and/or undertaking any
campaign or propaganda for or against a candidate.
C. Making speeches, announcements or commentaries or holding interviews for or
against the election of any candidate for public office.
Print : 1/4th page in broadsheet and ½ page in tabloid 3x a week
Television: 120 minutes for candidate for nationally elective office and 60 for
local
Radio: 180 minutes for candidate for nationally elective office and 90 for local

D. Publishing or distributing campaign literature or materials designed to support COMELEC free space (3 national newspaper for nationally elective officials and 1
or oppose the election of any candidate. national newspaper for local) and airtime

E. Directly or indirectly soliciting votes, pledges or support for or against a (3 national television networks for nationally elective officials and 1 station for
candidate. local ) : equal allocation for all candidates for 3 calendar days

3) When the acts enumerated above are NOT considered an election Authorized Expenses ( multiplied with the total number of registered voters )
 P 10 for president / vice president
campaign/partisan political activity.
 P 3 for other candidates for every voter currently registered in the
constituency
If the acts are performed for the purpose of enhancing the chances of aspirants
 P 5 for independent candidates and political parties
for nomination for candidacy to a public office by a political party, aggroupment,
or coalition of parties. Voters
Qualifications
RA 9006 – FAIR ELECTION ACT  Age: 18 years old and over.
Important Features:  Residence
1. He /she should have resided in the Philippines for one year and
1) Repeal of Sec. 67 of the OEC – Now, any ELECTIVE official, whether national or 2. Resided in the city/municipality wherein he proposes to vote for at least 6
local, running for any office other than the one which he is holding in a months immediately preceding the election.
permanent capacity shall not be considered ipso facto resigned from his office Residence Requirement
upon the filing of his certificate of candidacy.
If the transfer of residence is due to any of the following reasons, the person
2) Lifting of the Political Ad Ban – Written and Printed Materials (8.5” W x 14L”) concerned will be deemed NOT to have lost his original residence:

Letters A. Transfer solely because of occupation, profession, employment in private or

public service
Posters (2’ x 3’) in common-private poster areas ( not more than 10 public places
per political party or independent candidate, 12’ 16’), private places and public B. Educational activities
places
C. Work in military or naval reservations

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D. Service in the army, navy or air force, national police force
E. Confinement/detention in government institutions in accordance with law.
RA 8189 – VOTER’S REGISTRATION ACT OF 1996
Q: Can there still be general registration of voters?
A: No more, because 8189 (7) provides for such only for the May ’98 elections
Q: What kind of registration system do we have?
A: Continuing, Computerized and Permanent
Disqualifications
A. If sentenced by final judgment to suffer imprisonment for not less than 1
year and such disability was not removed by plenary pardon or has not been
granted amnesty. However, any person disqualified to vote shall automatically
reacquire the right to vote upon expiration of 5 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 or any crime against national security:
1. UNLESS restored to his full civil and political rights in accordance with law.
2. However, he shall regain his right to vote automatically upon expiration of 5
years after service of sentence.
C. Insane or incompetent persons as declared by competent authority.
Jurisdiction in Inclusion/Exclusion cases
A. The municipal and metropolitan trial courts shall have original and exclusive
jurisdiction over all matters of inclusion and exclusion of voters from the list in
their respective municipalities or cities. Petition filed at any time except 105
days before regular election or 75 days before special election
B. Decisions may be appealed to the RTC within 5 days from receipt of notice of
decision.
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C. RTC will decide the appeal within 10 days. Decision is final and executory.
D. Note: Relate this to Article IX of the Constitution which provides that the
COMELEC has no jurisdiction over questions involving the right to vote.
E. Exclusion is through sworn petition and not later than 100 days before regular
election; 65 days before special election
Grounds when the List of Voters will be altered:
 Deactivation/ Reactivation
 Exclusion/ Inclusion
 Cancellation of Registration in case of Death
 New voters
 Annulment of Book of Voters
 Transfer of Residence
How is challenge to right to register effected?
Who – any voter, candidate, political party representative
How – in writing, stating grnds, under oath, proof of notice of hearing
Deactivation means removing the registration records of persons from the
precinct book of voters and place the same, properly marked and dated in
indelible ink, in the inactive file after entering the cause of deactivation.
How is reactivation of registration effected ?
Sworn application for reactivation
Affidavit
Not later than 120 days before regular election and 90 days before special
election
Annulment of Book of Voters is through verified petition; notice and hearing;
not prepared in accordance with law or prepared through fraud, bribery, forgery,
impersonation, intimidation, force, any similar irregularity or which contains data
that are statistically improbable
Cannot be done within 90 days before election A. Election in any polling place was not held on the date fixed;

Postponement of Election B. Election was suspended before the hour fixed by law for the closing of the
Causes voting
 Violence
C. Elections results in a failure to elect (after the voting and during the
 Terrorism
 Loss or destruction of election paraphernalia/records preparation and transmission of the election returns or in the custody or
 Force majeure canvass thereof)
 Other analogous causes
Effect
AND the failure or suspension of the election would affect the result of the
election
It is impossible to hold a free, orderly and honest election in any political Remedy
subdivision
COMELEC can call for the holding or continuation of the election not held,
COMELEC can postpone the election (when decided by a majority vote of the suspended, or which resulted in a failure to elect. The election should be held
COMELEC sitting en banc, RA 7166): not later than 30 days after the cessation of the cause of the postponement or
A. Motu proprio suspension of the election or failure to elect. This is decided by the COMELEC, by
a majority vote of its members, sitting en banc.
B. Upon a verified petition by any interested party, after due notice and hearing

Date of new election

RA 7941 – Party-List System Act

The date of the postponed election should be reasonably close to the date of the  Seeks to promote proportional representation
election not held, suspended, or which resulted in a failure to elect. It should  Any party already registered need not register anew. File manifestation not
not be later than 30 days after the cessation of the cause for such postponement later than 90 days before election.
or suspension of the election or failure to elect. Grounds for refusing or canceling registration of Party-Lists groups

Failure of Election 1. Religious sect or denomination, organization

2. Advocates violence
Causes
3. Foreign party or organization
 Force majeure 4. Receives foreign support
 Violence 5. Violates election law
 Terrorism 6. Untruthful statements in its petition
 Fraud 7. Ceased to exist for at least one year
 Other analogous causes 8. Failed 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 2 preceding
Under RA 7166, the causes for the declaration of the failure of election may elections for the constituency in which it has registered
occur before or after the casting of votes or on the day of the election.
Nomination of party-list reps should not include any candidate for any elective
Effects of above causes
office or a person who has lost his bid for an elective office in the immediately
preceding election

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Incumbent sectoral representatives in the House of Representatives who are 2. Material defects in the election returns (Sec. 234)
nominated in the party-list system shall not be considered resigned 3. When election returns appear to be tampered with or falsified. (Sec.
235)
Party List Reps constitute 20% of the total number of the members of the House 4. Discrepancies in election returns (Sec. 236)
of Reps including those under the party-list
C. Those that can be filed with COMELEC directly are the ff:
How do we determine the number of party list seats in the House of Reps?
 Issue involves the illegal composition or proceedings of the board of
(# of District Reps / 0.80) x 0.20 = # of party list reps canvassers, as when a majority or all of the members do not hold legal
appointments or are in fact usurpers
 There are presently 208 legislative districts, according to the Veterans  Issue involves the correction of manifest errors in the tabulation or tallying
Federation Case
 The 5 major political parties are now entitled to participate in the party list of the results during the canvassing
system
 Parties receiving at least 2% of the total votes cast for the party-list system
shall be entitled to one seat each
 No party shall be entitled to more than 3 seats Recount
 Currently, there are 260 seats. So 20 % of 260 is 52 seats. But this is only a
ceiling. There can be a recount under the grounds of 234-236. The returns involved will
 A list with 5 names should be submitted to COMELEC as to who will represent affect the results and the integrity of the ballot box has been preserved
the party in the Congress. Ranking in the list submitted determines who shall
Issues that may be raised in a pre-proclamation controversy
represent party or organization.
Rules for Appreciation of Ballots
1. Illegal composition or proceedings of the board of canvassers
2. The canvassed election returns are incomplete, contain material defects,
 Liberal Construction in favor of the validity of the ballot appear to be tampered with or falsified, or contain discrepancies in the
 Look at the ticket slate, consider locality or literacy rate same returns or in authentic copies thereof.
 Rule 211 of the OEC 3. The election returns were prepared under duress, threats, coercion, or
 Incumbency / Surname intimidation, or they are obviously manufactured, or not authentic.
 Cannot ascertain – STRAY VOTE 4. When substitute or fraudulent returns in controverted polling places were
Pre-Proclamation Controversies canvassed, the results of which materially affected the standing of the
Definition aggrieved candidate/s.
Procedure
1. A pre-proclamation controversy refers to any question pertaining to or
affecting the proceedings of the board of canvassers which may be raised by
A. Contested composition or proceedings of the board (under RA 7166)
any candidate or by any registered political party or coalition of political
parties before the board or directly with the COMELEC.
It may be initiated in the board or directly with COMELEC.
1. It would also refer to any matter raised under Sections 233, 234, 235, and 236
of the Omnibus Election Code in relation to the preparation, transmission,
B. Contested election returns (under RA 7166)
receipt, custody, and appreciation of the election returns. (Board of
canvassers have original jurisdiction while COMELEC have appellate
jurisdiction)
1. When election returns are delayed, lost or destroyed (Sec.233)

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Matters relating to the preparation, transmission, receipt, custody and 1. The COMELEC determines that the petition is meritorious and issues an order
appreciation of the election returns, and certificate of canvass, should be for the proceedings to continue or
brought in the first instance before the board of canvassers only. 2. The Supreme Court issues an order for the proceedings to continue in a
petition for certiorari.
Summary nature of pre-proclamation controversy
Election Contest
1. Pre-proclamation controversies shall be heard summarily by the COMELEC. Original Jurisdiction
2. Its decision shall be executory after the lapse of 5 days from receipt by the
losing party of the decision, unless restrained by the SC. COMELEC has ORIGINAL jurisdiction over contests relating to the elections,
Effect of filing petition to annul or suspend proclamation returns, qualifications of all elective:

It suspends the running of the period within which to file an election protest or  Regional
quo warranto proceedings.  Provincial
 City officials
When not allowed
Appellate Jurisdiction

Pre-proclamation cases on matters relating to the preparation, transmission,

COMELEC has APPELLATE jurisdiction over all contests involving:
receipt, custody and appreciation of the election returns or the certificates of
canvass NOT allowed in elections for: (under RA 7166)
A. Elective MUNICIPAL officials decided by trial courts of GENERAL jurisdiction

 President
B. Elective BARANGAY officials decided by trial courts of LIMITED jurisdiction
 Vice-President
 Senator Who can file a petition contesting the election
 Member of the House of Representatives
BUT: The appropriate canvassing body motu propio or upon written complaint of Any candidate who has duly filed a certificate of candidacy and has been voted
an interested person can correct manifest errors in the certificate of canvass or for the same office
election returns before it.
Purpose of an election contest
BUT: Questions affecting the composition or proceedings of the board of
canvassers may be initiated in the board or directly with COMELEC. The defeated candidate seeks to outs the proclaimed winner and claims the seat.

Final COMELEC Decisions

When pre-proclamation cases are deemed TERMINATED (RA 7166)
1. All pre-proclamation cases pending before the COMELEC shall be deemed
terminated at the beginning of the term of the office involved and the rulings
of the boards of canvassers concerned deemed affirmed.
B. This is without prejudice to the filing of a regular election protest by the
aggrieved party.
C. HOWEVER: Proceedings MAY CONTINUE if:
Provision that decisions, final orders, rulings of the Commission on election
contests involving municipal and barangay offices are final, executory and not
appealable:
A. This only applies to questions of FACT. ( Flores v. COMELEC, 184 SCRA 484)
B. It does NOT preclude a special civil action of certiorari. (Galido v. COMELEC,
Jan. 18,1991)
Distinctions between Pre-Proclamation Controversy and Election Contest

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1) Dividing line: Proclamation of a candidate
2) Jurisdiction
A. Pre-proclamation controversy
1.The jurisdiction of COMELEC is administrative/quasi-judicial
2.It is governed by the requirements of administrative due process
B. Election contest
1.The jurisdiction of COMELEC is judicial
2.It is governed by the requirements of judicial process
3) In some cases, even if the case (involving municipal officials) began with
the COMELEC before proclamation but a proclamation is made before the
controversy is resolved, it ceases to be a pre-proclamation controversy and
becomes an election contest cognizable by the RTC.
4) However, in some cases, the SC has recognized the jurisdiction of
COMELEC over municipal cases even after proclamation. Relate to the provision
in RA 7166 allowing pre-proclamation controversy proceedings to continue even
after a proclamation has been made.
Election Offenses ( Selected Offenses)
Vote buying and vote-selling
A. Covered acts
1.Give, offer or promise money or anything of value
2. Making or offer to make any expenditure, directly or indirectly, or cause an
expenditure to be made to any person, association, corporation, entity or
community
3.Soliciting or receiving, directly or indirectly, any expenditure or promise of any
office or employment, public or private
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B. Purpose of acts
1. To induce anyone or the public in general to vote for or against any candidate
or withhold his vote in the election or
2. To vote for or against any aspirant for the nomination or choice of a candidate
in a convention or similar selection
C. Under RA 6646 (Prosecution of vote-buying/selling)
1. Presentation of a complaint supported by affidavits of complaining witnesses
attesting to the offer or promise by or the voters acceptance of money or other
consideration from the relatives, leaders or sympathizers of a candidate is
sufficient basis for an investigation by the COMELEC,directly or through its duly
authorized legal officers.
2. Disputable presumption of conspiracy:
Proof that at least one voter in different precincts representing at least 20% of
the total precincts in any municipality, city or province has been offered,
promised or given money, valuable consideration or other expenditure by a
candidate relatives, leaders and/or sympathizsrs for the purpose of promoting
the election of such candidate.
3. Disputable presumption of involvement
Proof affects at least 20% of the precincts of the municipality, city or province to
which the public office aspired for by the favored candidate relates. This will
constitute a disputable presumption of the involvement of such candidate and of
his principal campaign managers in each of the municipalities concerned in the
conspiracy
Coercion of a subordinate
A. Who can be held liable
1. public officer
2. officer of a public/private corporation/association
3. heads/superior/administrator of any religious org.
4. employer/landowner A. Who can be held liable: Any public official or employee including barangay
officials and those of GOCCs/subsidiaries
B. Prohibited acts B. Prohibited acts:
1. Coercing, intimidating or compelling or influencing, in any manner, any
subordinates, members, parishioners or employees or house helpers, tenants, The release, disbursement or expenditure of public funds for any and other kinds
overseers, farm helpers, tillers or lease holders to aid, campaign or vote for or of public works
against a candidate or aspirant for the nomination or selection of candidates.
2. Dismissing or threatening to dismiss, punishing or threatening to punish by C. Period when acts are prohibited:
reducing salary, wage or compensation or by demotion, transfer, suspension
etc. 1. 45 days before a regular election

2. 30 days before a special election

Appointment of new employees, creation of new position, promotion or giving D. Exception

salary increases:
A. Who can be held liable: Any head/official/appointing officer of a government
office, agency or instrumentality, whether national or local, including GOCCs.
B. Prohibited acts
1.Appointing or hiring a new employee (provisional, temporary or casual)
2.Creating or filling any new position
3.Promoting/giving an increase in salary, remuneration or privilege to any
government official or employee.
1. maintenance of existing/completed public works project.
2. work undertaken by contract through public bidding, or by negotiated contract
awarded before the 45 day period before election
3. payment for the usual cooperation for working drawings, specfications and
other procedures preparatory to actual construction including the purchase of
material and equipment and incidental expenses for wages.
4. Emergency work necessitated by the occurrence of a public calamity but such
work shall be limited to the restoration of the damaged facility.
5. Ongoing public work projects commenced before the campaign period or
similar projects under foreign agreements.
Suspension of elective, provincial, city, municipal or barangay officer

A. General rule: public official CANNOT suspend any of the officers enumerated
C. Period when acts are prohibited
above during the election period.
B. Exceptions
1. 45 days before a regular election
1. With prior approval of COMELEC
2. Suspension is for the purpose of applying the Anti-Graft and Corrupt Practices
2. 30 days before a special election
Act
D. Exceptions In relation to registration of voters/voting
1. Upon prior authority of COMELEC if it is satisfied that the position to be filled  Unjustifiable refusal to register and vote
is essential to the proper functioning of the office/agency concerned AND that  Voting more than once in the same election/voting when not a registered
the position is not filled in a manner that may influence the election voter
2. In case of urgent need, a new employee may be appointed. Notice of  Voting in substitution for another with or without the latters’ knowledge
appointment should be given to COMELEC within 3 days from appointment. and/or consent etc.

Prohibition against release, disbursement or expenditure of public funds

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Other election offenses under RA 6646
1. Causing the printing of official ballots and election returns by printing
establishments not on contract with COMELEC and printing establishments
which undertakes unauthorized printing
2. Tampering, increasing or decreasing the votes received by a candidate or
refusing after proper verification and hearing to credit the correct votes or
deduct the tampered votes (committed by a member of the board of election
inspectors)
3. Refusing to issue the certificate of voters to the duly accredited watchers
(committed by a member of the BEI)
4. Person who violated provisions against prohibited forms of election
propaganda
5. Failure to give notice of meetings to other members of the board, candidate
or political party (committed by the Chairman of the board of canvassers)
6. A person who has been declared a nuisance candidate or is otherwise
disqualified who continues to misrepresent himself as a candidate (Ex. by
continuing to campaign) and any public officer or private individual who
knowingly induces or abets such misrepresentation by commission or omission.
7. If the chairman of the BEI fails to affix his signature at the back of the official
ballot, in the presence of the voter, before delivering the ballot to the voter.
(under RA 7166)
Prescription of Election Offenses

1. Election offenses shall 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 of prescription shall commence on the date on which the judgment in
such proceedings becomes final and executory
Jurisdiction of courts

1. RTC has exclusive original jurisdiction to try and decide any criminal action or
proceedings for violation of the Code.
2. MTC/MCTC have jurisdiction over offenses relating to failure to register or
vote.

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