BINANGKAL FINAL EXAM NOTES (Election Law)
ELECTION LAW:
Election laws regulate who votes, when and
how they vote, for whom they can vote, how
campaigns are conducted, and how votes are
recorded, counted, and allocated.
Who has the Right to Vote?
Laws on Election in the Philippines
1. The Constitution
 Article V, 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. Batas Pambansa Blg. 881
SUFFRAGE
 OMNIBUS ELECTION CODE OF THE
PHILIPPINES
3. COMELEC Rules of Procedure
4. Republic Act No. 9369
 AN ACT AMENDING REPUBLIC ACT NO.
8436, ENTITLED "AN ACT AUTHORIZING THE
COMMISSION ON ELECTIONS TO USE AN
AUTOMATED ELECTION SYSTEM IN THE MAY
11, 1998 NATIONAL OR LOCAL ELECTIONS
AND IN SUBSEQUENT NATIONAL AND
LOCAL ELECTORAL EXERCISES, TO
ENCOURAGE TRANSPARENCY, CREDIBILITY,
FAIRNESS AND ACCURACY OF ELECTIONS,
AMENDING FOR THE PURPOSE BATAS
PAMBANSA BLG. 881, AS AMENDED,
REPUBLIC ACT NO. 7166 AND OTHER
RELATED ELECTION LAWS, PROVIDING
FUNDS THEREFOR AND FOR OTHER
PURPOSES
5. Republic Act No. 9189
 THE OVERSEAS ABSENTEE VOTING ACT OF
2003
6. Republic Act No. 8436
 AN ACT AUTHORIZING THE COMMISSION
ON ELECTIONS TO USE AN AUTOMATED
ELECTION SYSTEM IN THE MAY 11, 1998
NATIONAL OR LOCAL ELECTIONS AND IN
SUBSEQUENT NATIONAL AND LOCAL
ELECTORAL EXERCISES, PROVIDING FUNDS
THEREFOR AND FOR OTHER PURPOSES.
7. Republic Act No. 8295
 AN ACT PROVIDING FOR THE
PROCLAMATION OF A LONE CANDIDATE
FOR ANY ELECTIVE OFFICE IN A SPECIAL
ELECTION, AND FOR OTHER PURPOSES.
8. Republic Act No. 7166
 AN ACT PROVIDING FOR SYNCHRONIZED
NATIONAL AND LOCAL ELECTIONS AND FOR
ELECTORAL REFORMS, AUTHORIZING
APPROPRIATIONS THEREFOR, AND FOR
OTHER PURPOSES.
9. Republic Act No. 7056
 AN ACT PROVIDING FOR THE NATIONAL
AND LOCAL ELECTIONS IN 1992, PAVING
THE WAY FOR SYNCHRONIZED AND
SIMULTANEOUS ELECTIONS BEGINNING
1995, AND AUTHORIZING APPROPRIATIONS
THEREFOR.
 Registration of voters is a constitutional mandate
 They must be:
a. A citizen of the Philippines
b. Not otherwise disqualified by law
c. At least 18 years of age on the day of the
election
d. Have resided in the Philippines for at least 1
tear
e. Have resided for at least 6 months, in the
place wherein he/she proposes to vote,
immediately preceding the election.
 Definition –
o It is 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.
 Elements of suffrage:
a. Right and obligation of qualified voters in
election of certain national and local officers
of the government
b. Right and obligation of qualified voters in
decision of public questions submitted to it.
 Nature of Suffrage
1. not a natural right but merely a privilege
given or withheld by the lawmaking power
subject to the Constitutional limitations
» granted upon the fulfillment of
certain minimum conditions deemed
essential for the welfare of society
2. as a right conferred by the Constitution, it is
classified as a political right as well as a
bounden duty of every citizen
» enables him to participate in the
process of the government to assure
that it truly derives powers solely on
the consent of the governed
» principle: one man, one vote
 Scope of Suffrage
1. 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
2. Plebiscite –
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 BINANGKAL FINAL EXAM NOTES (Election Law)
 the name given to 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,
before certain proposed affecting LGUs may be
affected
3. 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
4. Initiative –
 process whereby the registered voters directly
propose, enact or amend laws, national or
local, through an election called for that
purpose
5. 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
 Object of Suffrage
Main Object:
» continuity of government and the
preservation of its benefits
Two-Fold Object:
(1) enable the people to choose their
representatives to discharge sovereign
functions ( through elections)
(2) determine their will upon such questions
submitted to them (through a plebiscite,
referendum, initiative or recall)
 Power of Congress to Regulate Suffrage
Why? The right of suffrage is a political right and
it is within the power of the state to prescribe
the manner in which it shall be exercised.
 Power to define qualifications of voters,
regulate elections, prescribe form of official
ballot, provide for the manner in which
candidates shall be chosen and the names that
shall be printed upon the ballot, regulate the
manner and conduct of elections, exercise of
police power
COMMISSION ON ELECTIONS
PURPOSE
 To protect the sanctity of the ballot
 To ensure free and honest expression of the popular
will
HOW TO ACHIEVE PURPOSE?
 By an independent office whose sole work is to
enforce laws on elections.
 The intention is to place it outside the influence of
political parties and the control of the legislative,
executive and judicial organs of the government.
COMPOSITION OF THE COMELEC
 SEVEN-MAN COMMISSION
o 1 CHAIRMAN
o 6 COMMISISONERS
QUALIFICATIONS OF MEMBERS
1. Natural-born citizens of the Philippines, at the time
of their appointment;
2. At least 35 years of age;
3. College degree holders
4. Must nor have been candidates for any election
immediately preceding the election;
5. Majority are members of the bar, in practice for at
least 10 years. – reason for this is that the
commission is a quasi-judicial agency.
APPOINTMENT AND TERMS OF OFFICE OF MEMBERS
 The chairman and the commissioners are appointed
by the president with consent of the COA;
 For a term of seven (7) years without reappointment;
 First appointed Commissioners (without
reappointment):
o 3 shall hold office for 7 years
o 2 for 5 years
o last members for 3 years
 A member appointed to fill a
vacancy shall serve only for the
unexpired term to preserve the
staggered terms of office;
 Appointments in temporary or
acting capacity in the commission
are not allowed; The commission is
an independent body and to
preserve its independence, the
members appointed to that
position must permanent;
 That independence and
impartiality may be shaken and
destroyed by a designation of a
person or officer to act temporarily
in the commission.
DISABILITIES OF MEMBERS
1. Can’t hold any other office
2. Can’t practice any other profession
3. Active management / control of any business which
affects function of his office prohibited;
4. Prohibited from being financially interested in any
contracts with gov’t, including GOCCs.
 The disabilities during their continuance in
office are similar to those imposed on the
president and vice-president.
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 BINANGKAL FINAL EXAM NOTES (Election Law)
CONSTITUTIONAL POWER AND FUNCTIONS OF THE
COMELEC
 The powers and functions of the comelec are spelled
out in the Constitution, ART. IX-C Section 2:
1. ENFORCE AND ADMINISTER laws and regulations
relative to the conduct of an ELECTION, PLEBISCITE,
REFERENDUM AND RECALL;
2. JURISDICTION
EXCLUSIVE ORIGINAL JURISDICTION
 Regional, provincial and city officials
 All contests relating to elections, returns and
qualifications
APPELLATE JURISDICTION
 Municipal officials decided by courts of general
jurisdiction (RTCs?);
 Barangay officials decided by courts of limited
jurisdiction (MTC?)
3. DECIDE all questions affecting elections, including
determination of the number and location of polling
places, appointment of election officials and
inspectors and registration of voters;
4. DEPUTIZE, with the concurrence of the president,
law enforcement agencies, including AFP, for the
purpose of ensuring free, orderly elections;
5. REGISTER, political parties, orgs, and coalitions;
 The parties must present their platforms;
ACCREDIT, citizen’s arms of the comelec.
6. FILE, petitions in court for inclusion or exclusion of
voters;
 INVESTIGATE AND PROSECUTE cases of
violations of election laws
7. RECOMMEND TO CONGRESS measures to minimize
election spending, limitation of places for
propaganda materials and prevent and penalize all
forms of election frauds, offenses and malpractice;
8. RECOMMEND TO THE PRESIDENT the removal of
any officers or employee deputized or for the
imposition of disciplinary actions for violations blah
blah;
9. SUBMIT TO PRES. AND CONGRESS comprehensive
report on conduct of election, pleb, ref, recall.
ON REGISTRATION: Comelec WILL DENY REGISTRATION:
 Religious denominations and sects shall not
be registered;
 Those which seek to achieve their goals
through violence or unlawful means;
 Those which refuse to uphold the
Constitution;
 Those that are supported by any foreign
government.
 Financial contributions from foreign
governments and their agencies to political
parties, organizations and candidates
constitute interference and shall be
additional ground for the cancellation of
their registration with the comelec.
COMELEC HAS POWER TO PUNISH FOR CONTEMPT
 Has power to enforce and administer laws relative to
conduct of election
 Has power to prosecute and investigate;
 Has power to hear and decide any controversy
submitted to it in connection with elections;
 Has POWER TO PUNISH FOR CONTEMPT (Rule 64);
o The power of contempt is limited to its
exercise of quasi-judicial powers. Thus,
when commission exercises administrative
functions, it can’t use the power of
contempt;
o Must cover election controversies as to
qualifications, returns etc.
o What are these admin matters?
 Contracts
 Distribution of ballots etc.
FINALITY OF DECISIONS
 Where election contest involves elective municipal
and barangay officials, the decision shall be final and
executory;
 If regional, provincial and city officials, appealable to
the SC.
HEARING OF ELECTION CASES (CONSTITUTION ART. IX,
SECTION 3)
 ELECTION CASES include preproclamation
controversies and all such cases;
 Except those relating to election, returns and
qualifications of members of congress which are
under the exclusive jurisdiction of the HRET (house
of rep electoral tribunal)
 Cases are first heard by a division of the commission
 Then appealed to Commission en banc;
 The commission, en banc, does not have the
authority to hear and decide cases at the first
instance.
REGULATION OF PUBLIC ENTITIES (CONSTITUTION ART. IX-C,
SECTION 4)
 Comelec, during election period, may
o Supervise
o Regulate
 The enjoyment or utilization of any
franchises or permits for the
operation of transportation and
other public utilities,
 Media communication or
information
 All grants, special privileges or
concessions granted
 Such supervision or regulation shall
aim to ensure equal opportunity,
time, and space for public
information campaigns and for a
among candidates in connection
with the objective of holding free,
orderly, honest, peaceful and
credible elections.
 The provision seeks to place all
candidates on more or less equal
footing in making known their
qualifications and platforms and
their stand on public issues and
thereby equalize their
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 BINANGKAL FINAL EXAM NOTES (Election Law)

opportunities of winning at the

polls.

PARDON, ETC. OF VIOLATORS OF ELECTION LAWS

(CONSTITUTION ART. IX0C, section 4)
 NO pardon, amnesty, parole or suspension of
sentence for violation of election laws, rules and
regulations shall be granted by the President without
the favorable recommendation of the Commission.
 PURPOSE: to avoid the possibility of the president
granting pardon etc. who may belong to his party or
for political reasons.

ELECTION AND CAMPAIGN PERIODS

 Election period: 90 days before election and 30 days
thereafter (CONSTITUTION ART. IX-C, section 6)
 The comelec or congress, in special cases, may
change the duration of the election period.
 The limitation is designed to minimize partisan
political activities and expensive election contests.
 ELECTION PERIOD NOT SAME WITH CAMPAIGN
PERIOD;
o Election period includes 30 days after
election as election period;
o While campaign period can only include the
90 days prior to election day;

ELECTORAL ORGANIZATION:
National Election
o President
o Vice President
o Senators
o Party List
Province
o Governor
o Vice Governor
o Board Members
o Provincial Mayor
o Provincial Vice Mayor
o Provincial Councilor

Barangay SK
Local Election
o Congressman
o Mayor
o Vice Mayor
o Councilor