ELECTION LAW

Deactivation

1. Failure to vote in the past 2 elections

2. Imprisonment for ≥1 year
3. Disloyalty to the duly constituted government Allowed after 5 years
4. Insane/incompetent
5. Registration is ordered excluded by the court
6. Lost Philippine citizenship

“System of Continuing Registration”

-daily in the office of the Election Officer

EXC: 120 days before regular election

90 days before special election

*Age/Residency requirements: reckoned on the day of the election

RA 9189 (Overseas Absentee Voting Act)

-for: 1. President/ Vice President

2. Senators

3. Party-List Representatives

-personal application + PH passport + overseas absentee voting (OAV) registration form

v.

Local Absentee Voting (RA 7166, Sec. 12)

-for: 1. President/ Vice President

2. Senators
-by: 1. AFP

2. PNP

3. Other government officers who on election day were temporarily assigned in connection with
the performance of ELECTION DUTIES to places where they are not registered voters

Pre-Proclamation Controversy

-any question regarding:

a) proceedings in the Board of Canvassers

b) preparation, transmission, etc. of Election Returns

COMELEC

-may order suspension of proclamation pending the proceedings in the PPC

Issues that may be raised:

1. BOC composition
2. Incomplete, tampered ERs
3. Preparation of ERs under duress, etc.
4. Substituted/fraudulent ERs leading to aggrieved party’s defeat

Local Initiative and Referendum (RA 6735)

Limitations:

1. Not more than once a year

2. Within the powers of the local legislative body to enact
3. If adopted in toto by the Sanggunian, the Initiative will be cancelled

Rule: cannot amend, repeal, or modify the ordinance passed by initiative-

GR: within 6 months from enactment After the expiration of the period, can
amend etc. within 3 years by 2/3 vote
EXC: within 18 months in barangays
of the Sang. (LGC)
Appointing Power of the Governor/Mayor v. Vice Governor/Vice Mayor

a) G/M
-can appoint officials under his direct supervision and control:
i) if the salaries are paid out of the provincial/municipal funds; or
ii) even if the source of the salaries is the Sanggunian, when the employee is assigned to an
office other than the Sanggunian
b) VG/VM
-can appoint officials/employees of the Sanggunian where the salaries are paid out of the
Sanggunian funds and the office is with the Sanggunian

5 Valid Delegation of Legislative Power

1. Tariff Powers to the President

2. Emergency Powers to the President
3. Delegation to the people (initiative and referendum)
4. Delegation to the LGUs (ex. General Welfare Clause, expropriation proceedings)
5. Delegation to the Administrative Bodies (Completeness Test + Sufficient Standard Test)

Detainee Voting

- Special polling place inside jails OR escorted voting

“Detainee”

1. Confined in jail, charged or waiting for/undergoing trial

2. Sentenced to less than 1 year imprisonment
3. Conviction for a crime involving disloyalty to the duly constituted government is ON APPEAL

Preventive Suspension and Salaries

2 Kinds of Preventive Suspension

a) PS pending investigation (PSPI) - no backwages (not yet charged)

b) PS pending appeal (PSPA) – with backwages if exonerated on appeal (charged and initially
pronounced guilty)

Ex.

A was meted with 90 days PSPI;

RTC imposed 1 year suspension as a penalty (SP) after trial

A appealed; SP IS CONVERTED TO PSPA

CA exonerates A

Effect: A receives backwages that accrued during PSPA

*If the disciplinary authority is the CSC, there is an additional ground for the grant of backwages:

1. exoneration of appeal

2. guilty but the penalty is mere reprimand

Administrative Due Process

1. Right to a hearing
2. Consider the evidence
3. Decision has something to support it
4. Evidence is substantial
5. Decision is rendered on the evidence presented
6. The tribunal acts on its own independent consideration
7. Decision allows the parties to know the issues involved and the reason for the decision

Assembly and Petition

-not subject to censorship or previous restraint

-the State may only REGULATE

Tests:

1. Auspices Test- checks the auspices under which the assembly is held

2. Purposes Test- checks the purpose of the demonstration

When Permit is Not Necessary (Public Assembly Act)

 a) Private place
b) Campus of a gov’t-owned school
c) Freedom park

Application for Permit: at least 5 days before; acted upon within 2 days, otherwise, deemed granted

Grounds for Denial: clear and present danger

Communicated to the applicant within 24 hours from the decision to deny the application

Remedy: appeal to the proper court, which shall render a decision within 24 hours

Right to Information

Exceptions:

1. National security and intelligence info

2. Trade secrets and banking transactions
3. Criminal matters
4. Other confidential info

Ex Post Facto Law

1. Criminal matters
2. Retroactive application of a law
3. There is prejudice to the accused

Commission on Appointment Confirmation NOT REQUIRED:

1. Ombudsman and Deputies – already recommended by the JBC

2. CHR
3. PNP ranking officers