ELECTION LAW (GENERAL PRINCIPLES Sources of Pi ippine election law The election laws of the Philippines are contained In the following + 1987 Constitution + BP 881 (Omnibus Election Code) + RA 6646 (Electoral Reforms Law of 1987) + RA 6679 (Barangay Elections) + RA 6735 (Law Providing for Initiative ‘and Referendum) + RA 7166 (1991 Synchronized Elections Law) + RA 7941 (Election of Representatives) RA 8189 (Continuing Registration) RA 8436 (Automated Election System) RA 8524 RA 9006 (Falr Election Act of 2001) Party-List (4) In the election of certain national and local officials, and (2) in the’ decision of public questions submitted to the people, It Is a political right which enables every citizen to participate in the process of government. to assure that it derives it powers from the consent of the governed. It operates on the principle of "one man (or one woman), one vote." Suffrage is not a natural right but a privilege which may be given or withheld by the lawmaking power subject to constitutional limitations. It isnot necessarily an accompaniment of citizenship; it is granted only upon the fulfillment of certain minimum conditions, ‘Object of suffrage The object of the right of suffrage Is to enable the people to choose their representative to discharge sovereign functions (as in the case of elections), and to determine their will upon such questions submitted to them (as in the case of plebiscite, referendum, initiative and recall.) The main object of suffrage Is the continuity of government and the preservation and perpetuation of benefts. ‘Scope of suffrage ‘THEORY OF POPULAR SOVEREIGNTY ‘Art. I, Sec. 1 1987 Constitution: The Philippines is a democratic and republican state, Sovereignty resides in the People ané all government authority emanates from them, ‘A democratic and republican government derives all its powers, directly or indirectly, from the people at large. Its essence is indirect rule. ‘Actual sovereignty is exercised by the people by means of suffrage, ‘Suffrage defined Suffrage is the right and obligation of Qualified citizens to vote: [Loryboth_Soldeias has [nayng_Moloyong deputy] [Revs Raymundo secretariat] [io Dom_tacdbdesign] Sebble Stoera printing] [Wes Mlayo.tectares) Suffrage encompasses the following (1) Election Election is the means by which the people choose their officials for definite periods and to whom they entrust, for the time being as their representatives, the exercise of powers of government. It involves the choice of candidates to public office by popular vote. (2) Plebiscite Plebiscite Is the submission of constitutional amendments or important legislative measures to the people for ratification, (3) Referendum Referendum Is the power of the electorate to approve or reject legislation through an election called for the purpose. (Sec. 2c, R.A. 6735) It may be of 2 classes, namely (2) Referendum on statutes, which refers to a petition to approve or reject an act or law, or part thereof, passed by Congress; and 320() Referendum on local law which refers to 2 petition to approve or reject a law, Fesolution or ordinance enacted by regional assemblies and local legislative bodies (4) Initiative Initiative Is the power of the people to propose amendments to the Constitution or to propose and enact legislation through an election called for the purpose. (Sec. 2a, RA. 6735) There are 3 systems of initiative, namely: (2) Initiative on the Constitution which refers to 2 petition proposing ‘amendments to the Constitution; (b) Initiative on statutes, which refers to a petition proposing to enact @ national legislation; (©) Initiative on local legislation which refers to a petition proposing to enact a regional, provincial, city, municipal or barangay law, resolution or ordinance Note that in the case of Santiago v. COMELEC, the Supreme Court held that there is no law yet that is. sufficient enough for proposing amendments to the Constitution, R.A, 6735 was, deemed sufficient for statutory amendments but not Constitutional amendments, (5) Recall Recall Is the termination of official relationship of a local elective offical for loss of confidence prior to the expiration of his term through the will of the electorate. wherein they propose to vote for at least 6 months immediately receding the election. The seme provision provides that no literacy, property or other substantive requirement shall be imposed on the exercise of suffrage, and that Congress may not add or alter the qualifications. of voters under Art. V, Sec. 1 of the 1987 Constitution. This specification is an implied prohibition against Interference on the part of Congress in the right of suffrage. Congress, however, to a limited extent can regulate the right of suffrage by: + Defining the voters + Regulating elections + Prescribing the form of offical qualifications of ballot + Providing for the manner of choosing candidates and the names to be printed on the ballot + Regulating the manner of conducting elections + Suppressing whatever _ evils incident to the election of public officers, pursuant to its duty to secure the secrecy and sanctity of the ballots under Art. V, Sec. 2 of the 1987 Constitution. What are the substantive requirements for the exercise of suffrage? The only substantive requirements to exercise the right to vote are: (1) Citizenship @) Age (3) Residency (4) Absence of disqualifcations Ellipio citizenship This may be by birth or naturalization Age ‘Who can exercise Under Art. V, Sec 1 of the 1987 Constitution, the ‘right of suffrage may be exercised by all citizens of the Philippines who are: (1) not otherwise disqualified by law, (2) atleast 18 years of age, and (2) have resides in the Philippines for at least 1 year, and in the place Must be at least 18 at the time of the election Residence For the purposes of election law, residence is synonymous with domicile. Art. $0 of the Civil Code provides that “for the existence of civil rights and the fulfillment of civil obligations, the domicile of natural persons is the place of their habitual residence.” Domicile includes the twin elements of "the fact of residing ‘or physical presence in a fixed place” and animus. 321 [Loryboth_Soldrias hand! [Noyna_Malayeng deputy] [Roude_Roymunde secretariat] (Dio Dom_tacdbdesign] Sebble Stoera printing] [Wes Mlayo.tectares) tose Setecncoei law! TAsches Yorut rear fawi au! Sorna/ludy Rios ely law! tive Rafael/Mac Macansoal rim Hawi &322 manendi, or the intention of returning there Romualdez-Marcos v. COMELEC (248 permanently. (Romualdez-Marcos v. COMELEC) ‘SCRA 300) Every person is deemed to have his It is the fact of residence, domicile somewhere, and when it has been not a statement in the certificate of acquired, it will be deemed to continue until 2 candidacy which ought to be decisive in new one has been acquired. Temporary absences determining whether or not an individual although frequent or long continued, will not, has satisfied the Constitution's residency while the person has @ continuous intention to qualification requirement. return, deprive him of his domicile and right to vote. To successfully effect. 2 change of domicile, one must ‘Any person who temporarily resides in demonstrate: (1) an actual removal or an another city, municipality or country solely by actual change of domicile; (2) a bona fide reason of his occupation, profession, employment Intention of abandoning the former place in private or public service, educational activities, of residence and establishing a new one; work in the military or naval reservations within ‘and, (3) acts which correspond with the the Philippines, service in the AFP, the PNP, or Purpose, confinement ‘or detention in| government institutions in accordance with law, shall not be ‘Aquino v, COMELEC (248 SCRA 400) deemd to have lost his original residence. (Sec. 9, RA, 8189) The place where a party actually or It Is not necessary that a person should constructively has his permanent home, have a house in order to establish his residence where he, no matter where he may be or domicile in a municipality. It is enough that he found at’ nay given time, eventually should live there, provided that his stay Is Intends to return and remain, Le., his accompanied by his intention to reside therein domicile, is that to which the Constitution permanently. refers when it speaks of residence for the purpose of election law. The purpose is Uteracy requirements to exclude strangers or newcomers Unfamiliar with the congitions and needs The Constitution imposes no literacy of the community from taking advantage requirements; hence illiterates have the right to of favorable circumstances existing in vote, that community for electoral gain. Property requirements Disqualifications Neither does the Constitution impose eny property requirement since property ownership is ot a test of individual capacity. A property requirement is not only inconsistent with the concept of a republican government, but with the social justice principle of equal opportunity as well (1) Persons sentenced by final judgment to suffer imprisonment for not less than one (1) year, (Note: he / she shall automatically re-acquire the right to vote upon the expiration of 5 years Formal education after the service of sentence.) Formal education is no guarantee for good citizenship or intelligent voting. (2 Parsons adjudged by final judgment of having committed any crime involving disloyalty to the duly constituted government (e.g. rebellion, sedition, Violation of the firearms law) or any crime against national security (Note: he / she shall automatically re-acquire the right to vote upon the expiration of 5 years after the service of sentence.) Sex ‘There is no adequate or justifiable basis {or depriving women of equal voting rights. Taxpaying Ability This is related to property requirement. (9) Insane or Incompetent persons as declared by competent authority. [Loryboth_Soldias hand! [Noyna_Malayeng deputy] [Roude_ Raymund secretariat] (Dio Dom acdbdesign] Sebble Stora printing| [Wes Mlayo.lectures) tose Setecn-ool law! TAache Yorut rem fawi eau! Scrna/ludy Rios ely law! iva Rafael/Mac Macansos crim law! &THE COMELEC Purpose ‘The purpose of the COMELEC is to protect, the sanctity of the ballot and to ensure the free and honest express of the popular will To achieve this, the COMELEC was created as an independent administrative tribunal, co-equal_with the other departments with respect to the powers vested in it, and not under any of the branches of Government. 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. To preserve the Independence of the COMELEC, appointments or designations in temporary or acting capacities are not allowed the benefit of the experience and expertise of the older members in the performance of its functions, The COMELEC Commissioners are subject to the same disabilities imposed on the President ‘and the Vice-President, including the prohibition against holding any other office or engaging in any other profession or business. Powers and functions ‘Composition The COMELEC is 2 7-person body consisting of @ chairman and 6 commissioners. The members of the COMELEC must have the following qualifications: Natural born citizens At least 35 years old Holders of a college degree Must not have been candidates for any elective position in the immediately preceding elections + Majority of the members, including the chairman, should be members of the Bar who have been engaged in the practice of law for at least 10 years. The chairman and the commissioners are to be appointed by the President with the consent of the Commission on Appointments. ‘The Commissioners serve for 7 years without reappointment, under staggered terms of, 2. years internal: of 3 commissioners first appointed, 3 shall hold office for 7 years, 2 for 5 years, and the rest for 3 years. A member appointed to fill a vacancy shall serve only for the Unexpired term to preserve the staggered terms of office, The staggering of terms makes the COMELEC a continuing and self-perpetuating body, and consequently its members would have [Loryboth_Soldeias has [nayng_Moloyong deputy] [Revs Raymundo secretariat] [io Dom_tacdbdesign] Sebble Stoera printing] [Wes Mlayo.tectares) The powers and functions of the COMELEC may be classified as follows: (1) Enforcement and administration of election laws and regulations (Art. IX-C, Sec. 2 (1), 1987 Constitution) + Promulgation of rules and regulations (Art. IX-C, Sec. 6; BP 881, Sec. 52b) + Fixing of election period (which shall commence 90 days before the election and end 30 days thereafter, unless otherwise fixed by the COMELEC in special cases; Art. IX-C, Sec. 6, 1987 Constitution) + Fixing of other reasonable periods for certain pre-election Fequirements (BP 681, Sec. 52m) + Declaration of failure or postponement of elections, as well as call for special elections (Sec. 4, RA 7166) + Prescribe forms, as well as use for adoption’ of latest. technological and electronic: devices (BP 881, Sec. 52 9, 1) + Annulment or cancellation of illegal registry lists of voters and ordering the preperation of @ new + Cancellation of the canvass of election returns and annulment of 2 proclamation based on Incomplete results. (Note, however, that the COMELEC does not have the power to annul an election which may not 323324 have been free, orderly, and decide all questions affecting elections hhonest as such power is merely pertains to the following: preventive and not curative.) (4) determination of the number and location of polling places 2) Quasi-judicial powers (2) appointment of ‘election officials and inspectors The COMELEC has exclusive (3) registration of voters ‘al jurisdiction over all contests relating to the election, However, the returns and qualifications of all COMELEC has NO jurisdiction over elective, regional, provincial and questions involving the right to vote city officials. (ie, disqualifications of voters, right of a person to be registered, etc.), as The COMELEC has exclusive these rest within the exclusive original appellate jurisdiction over all Jurisdiction of the MTC, appealable to contests involving municipal the RTC. officials decided by the RTC, or involving elective barangay officials decided by the MTC. In (4) Deputize, with the concurrence of the these cases, the decisions President, law enforcement agencies therein shall be final, executory and —instrumentalities of the and unappealable. (Art. 1X Government for the exclusive purpose Sec. 2 (2), 1987 Constitution) of ensuring free, orderly, honest, peaceful and credible elections (Art Pursuant to its quasi-judicial IX-C, Sec. 2(4), 1987 Constitution) powers, the COMELEC has the power: + CMT cadets 18 yrs. of age and + To issue subpoena, above may be authorized to act as, the COMELEC'S deputies for the + To take testimony; urpose of enforcing its orders (Sec. 52a, BP 881) + Of contempt (Note, however, that — the + The COMELEC may deputize any COMELEC's power to punish member or members of the AFP, for contempt may only be NBI, PNP or any similar agency or exercised ONLY in the instrumentality of the government exercise of its quasi-judicial (except civilian home defense functions. The COMELEC has forces) during the period of the no power to hold a person in campaign and ending 30 days contempt in the exercise of thereafter, when in any area of the its administrative functions country there are persons (eg. reporter criticizes a committing acts of terrorism to contract with COMELEC for Influence people to vate for or supplies, or a person fails to against any candidate or political follow the procedure for the party. (Sec. 52b, BP 881) distribution of ballot boxes). + To lssue warrants of arrest; (5) Register political parties, etc. (Art. IX- G, Sec. 2 (5), 1987 Constitution) + Of certiorari, prohibition and mandamus (Note: but only (©) Accredit citizens’ arms (Art. IX-C, Sec. in exercise of its appellate 2 (5), 1987 Constitution) jurisdiction; Relampagos v. ‘cumba, ) (7) Investigation and prosecution of cases of violation of election laws (Art. IX-C, Sec. 2 (5), 1987 Constitution) (9) Decide all questions affecting elections (Art. Ix-C, Sec. 2 (3), The COMELEC has the power of 2 41987 Constitution) public prosecutor with the exclusive authority to conduct the preliminary The power of the COMELEC to investigation and the prosecution of [Loryboth_Soldias hand! [Noyna_Malayeng deputy] [Roude_ Raymund secretariat] (Dio Dom acdbdesign] Sebble Stora printing| [Wes Mlayo.lectures) tose Setecn-ool law! TAache Yorut rem fawi eau! Scrna/ludy Rios ely law! iva Rafael/Mac Macansos crim law! &election offenses punishable under the election law. The power may be exercised upon complaint or motu proprio. ‘The Ombudsman has NO jurisdiction to prosecute election offenses, He may do so only if he is deputized by the COMELEC. (8) Filing of petitions in court inclusion or exclu IX-C, Sec. 2 (6), 1987 Constitution) (9) Recommendator (a) to Congress + effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and fhuisance candidates." (Art. DC, Sec. 2 (7),1987 Constitution) (0) to the President + for removal of any officer or employee it has deputized (Sec. 528, BP 881); + for imposition of disciplinary action for violation or disregard of, or disobedience to its directive, order, or decision (Art. IX-C, Sec. 2 (8), 1987 Constitution); + for pardon, amnesty, parole, suspension of sentence for violation of election laws, rules and regulations (Art, DCG Se. 5 1987 Constitution; This is to prevent the possibility of the President granting executive clemency for political reasons.) for n of voters (Art (10) Supervision / Regulation, for the duration of the ction period, of use of all franchises or permits for operation of: + transportation and other public utilities; [Leryboth_Soldris hand! [Noyna_Malayeng deputy] [Rhude_Raymonda secretariat [Dion rinting] (ies Nalafelectares) ss garanim, poccauat erin Tew 5 Babble Stator + media of communication or information; + all grants, special privileges, or concessions granted by the Government or any instrumentality thereof (Art. IX-C, Sec. 4, 1987 Constitution) The purpose of supervision and regulation is to guarantee or ensure equal opportunity for public service and the equitable right to reply, for public information campaigns and fora. among cancidates, and assure free, orderly, honest, peaceful and credible elections. (Sec. 2, R.A 9008) No franchise or permit to operate a radio or television station shall be granted or issued, suspended or cancelled during’ the election period. (Sec. 6.4, R.A. 9006) COMELEC is mandated under Sec. 7 of RA. 9006 to exercise affirmative action in procuring print space upon payment of just, compensation from at least 3 national circulation, and free airtime from at least 3 national TV networks and 3 national racio networks, all of which are to be allocated free of charge equally and impartially among all the cancidates for national office on 3 different celendar days. (Quasi-sudicial Powers Jurisdiction The COMELEC has exclusive original jurisdiction over all contests relating to the election, returns and qualifications of all elective, regional, provincial and city officials, The COMELEC has exclusive appellate Jurisdiction over all contests involving municipal officials decided by the RTC, or involving elective barangay officials decided by the MTC. In these cases, the decisions therein shall be final, executory and unappealable. (Art. IX-C, Sec. 2 (2), 1987 Constitution) 325Rendition of Decision Composition; En Banc and Division Cases ‘The COMELEC may sit en banc or in 2 divisions, ‘As a general rule, election cases shall be heard and decided in division. Decisions that must be rendered by the COMELEC en bane include: + Decisions on motions for reconsideration (Art: IX-C, ‘Sec. 3, 1987 Constitution); + Petitions for correction of manifest errors in the Statement of Votes (Sec. 5, Rule 27 of the 1993 Rules of the COMELEC); + Questions pertaining” to proceedings of the Board of Canvassers. (Mastura_v. COMELEC, 285 SCRA 493) + Postponement of election (Sec. 4, RA. 7166) + Dedaration of failure of election (Sec. 4, RA 7166) + Calling of special elections (Sec. 4, RA. 7166) Time Period and Votes Required The COMELEC shall decide by 2 majority vote of all its members any case or matter brought before it within 60 days from the date of its submission for decision or resolution. (Art. IX-A, Sec. 7 1987 Constitution) Judicial Review Unless otherwise provided by the Constitution or by law, any decision, order or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within 30 days from receipt of a copy thereof, (Art. IX-A, Sec. 7, 1987 Constitution) What is contemplated in this provision are decisions, orders of resolutions rendered by the COMELEC In the exercise of its adjudicatory or quasi-judicial powers not those which are mere Incidents of its inherent administrative functions over the conduct of elections, Questions arising from the latter may be taken In an ordinary civil action before the RTC. By certiorari, a party raises questions of law in the Supreme Court. Findings of fact mace by the COMELEC are conclusive upon the ‘Supreme Court The Supreme Court has no power of supervision over the COMELEC except to review its decisions on petitions by certiorari, The certiorari jurisdiction of the Supreme Court is confined to instances of grave abuse of discretion amounting to patent and substantial denial of due process committed by it In the exercise of its quasi-jucicial powers, ELECTIONS IN GENERAL Kinds of elections General election It is one provided for by law for the election to offices throughout the State or a certain subdivision thereof, after the expiration of the full term of former officers, Special election It is one provided for by law under special circumstances. It is an election held to fill a vacancy in an office before the expiration of the full term for which the incumbent was elected, or an election at which some issue or proposition is submitted to the vote of the qualified electors. ‘Authority for Holding Ete In order to hold @ valid election, authority to hold it must be found conferred by the people, elther directly through the Constitution. which they themselves have ordained, or indirectly, through the enactments of their legal representatives, the legislature. Date of Election Under the Law 326 [Loryboth_Soldrias hand! [Noyna_Malayeng deputy] [Rhude_Rayronde secretariat] (0 Dom iacd>design] Sebble Stora printing] [Mies Malay lectures) tose Seteoncoot law! TAsches Yorut rear fawi au! Sornarlud Rios ely law! iva Rafael/Mac Macansoal crim law! &In accordance with the Constitutional policy to synchronize elections, there is 2 simultaneous conduct of elections for national and local officials once every 3 years. Under RA, 7166, elections shall be held on the 2" Monday of May. ‘The President and Vice-President are elected on the same day every 6 years. Senators, Elective Members of the House of Representatives, and Elective Provincial, City and Municipal Officials are elected on the same day every 3 years, except with respect to the Senators, only 12 of whom shall be elected every 3 years. Barangay Elections are held on the same day, and every 5 years thereafter, the term for elective barangay officials having been extended from 3 years to 5 years. (RA. 7160, Sec. 43 (c) as amended by R.A. 8524) Laws providing for the calling and holding of elections usually provice that they shall be conducted by certain officers, elected or chosen by certain methods, and thet the result shall be ascertained and published in a manner prescribed. Regulations of this nature are indispensable to the orderly and efficient conduct of the election, and an election held by persons without any color of authority to do so, or without any attempt to observe the methods prescribed, is invalie ‘Manner of Holding Elections ‘Time for Holding Elections A fixed and ascertained time for holding an election is indispensable to the full and effectual exercise of the right to vote. The time must be fixed by the authoritative power (ie. the Constitution; laws in the case of regular elections; the executive or other designated power in the case of special elections). Enactments declaring the time at which an election shall be held are deemed to be matters of substance and must be substantially observed or the election will be void, Substantial observance is sufficient and slight variations will rot invalidate the election, While the manner of holding elections must be regulated, it is obvious that the manner prescribed is intended simply to secure the correct result, Manner and form should not be allowed to defeat the undoubted will of the people clearly expressed. (C.J. Simpson) Regulations prescribed are _ merely directory, and a failure to observe them fully will not invalidate the election, where an election has been held in good faith and irregularities do not affect the result. Where a special election is provided for, but no method of holding it is declared, it will be sufficient if itis held in the manner prescribed for the holding of general elections. PRE-ELECTION REQUIREMENTS PRECINCTS AND POLLING PLACES Precinets Place for Holding Elections Precinct. defined The place for holding elections shall be fixed by general law or by 2 proclamation or by PRECINCT: Unit of the notice by which the election is called. Such designated place shall be mandatory. In case of emergencies which necessitates the changing of a polling place, adequate general notice must be given. Holding of Election by Proper Officers [Loryboth_Soldeias has [nayng_Moloyong deputy] [Revs Raymundo secretariat] [io Dom_tacdbdesign] Sebble Stoera printing] [Wes Mlayo.tectares) territory for the purpose of voting (Sec. 149, BP 881) Establishment of Precincts 327‘The COMELEC shall establish all election precincts. Each barangay shall have at least 1 such precinct. (Sec. 149, BP 881) The COMELEC may —_ introduce adjustments, changes or new divisions or abolish precincts if necessary. But no changes shall be Introduced within 45 days before a regular election and 30 days before a special election or referendum or plebiscite. (Sec. 149, BP 881) Where it Is not practicable to divide a precinct by territory, the COMELEC may adjust or split the precinct by assigning the registered voters alphabetically and equitably among the adjusted or split precinct. The polling places of the sald precincts must be In the same building: (Sec. 8 RA. 7156) Publication of Maps of Precincts At least 5 days before the first registration day and until after the election, referendum, or plebiscite, the COMELEC shall post In the city or municipal hall and in 3. other conspicuous places and on the door of each polling place, a map of the city or municipality showing its division into precincts. Such maps shall be kept posted until after the election, referendum or plebiscite. (Sec. 151, BP 881) voting booths of such size, specifications and materials as the COMELEC may provide to enable the voters to fil out their ballots secretly. (Sec. 158, BP 881) The polling place shall be so arranged that the booths, the table, the ballot boxes and the whole polling place, except what is being written within the booths, shall be in plain view of the board of election inspectors, the watchers and other persons who may be within the polling place. (Sec. 159 (d), BP 881) The COMELEC shall post inside each voting booth and elsewhere in the polling place on the day before the election, referendum, or plebiscite and during the voting period a list containing the names of all candidates or the issues or questions to be voted for. (Sec. 158; 5p 881) There shall be 2 guard rail between the voting booths and the table for the Board of Election Inspectors. (Sec. 159; BP 881) i ht Before the day of the election, referendum or plebiscite, the Chairman of the COMELEC shall, through its authorized Fepresentatives, see to it that all polling places are inspected and such omissions and defects as may be found corrected. (Sec. 163, BP 881) Polling Places, ‘OFFICIAL BALLOTS, ELECTION RETURNS ‘& BALLOT BOXES: Polling place, defined POLLING PLACE: Building or place where the Board of Election Inspectors conducts. its. proceedings and where the Voters cast their votes (Sec. 152, BP 881) Designation of polling places ‘The COMELEC may introduce changes in the location of polling places when necessary after notice to the registered political parties and candidates affected if any, and hearing. No location shall be changed within 45 days before 2 regular election and 30 days before a special election, referendum or plebiscite except when It is destroyed or it cannot be used. (Sec. 153, BP 881) Arrangements and Contents of Polling Places Each polling place shall have at least 10 [Loryboth_Soldeias has Form and Contents of ballots [nayng_Moloyong deputy] [Revs Raymundo secretariat] [io Dom_tacdbdesign] Sebble Stoera printing] [Wes Mlayo.tectares) The ballots shall + be uniform in size; + be printed in black ink on white security paper with distinctive, clear and. legible watermarks that will readily distinguish it from ordinary paper; + be in the shape of a strip with stub and a detachable coupon containing the serial number of the ballot and a space for the ‘thumbmark of the voter on the detachable coupon; + bear at the top midéle portion the “coat-of-arms of _ the Republic, the words, “Official 328Ballot”, the name of the city or municipality and the province, the date of the election and the following notice in English, ill out this ballot secretly Inside the voting booth. Do rnot put any distinctive mark on any part of this ballot" + contain the names of all the offices to be voted for, allowing ‘opposite the name ‘of each office, sufficient space or spaces with horizontal. lines Where the voter may write the name or names of the Individual candidates voted for by him; + have nothing printed or written at the back except the signature of the chairman of the Boerd of Election Inspectors. In cities or municipalities where Arabic is of general use, ballots shall have each of the titles of the offices to be voted for printed in Arabic in adcition to and immediately below the English title Notwithstanding the _—_—_preceding provisions, COMELEC may prescribe a different form of official ballot on the same watermarked security paper to facilitate the voting by illiterate voters only and to use or adopt the latest, technological and electronic devices in connection therewith, (Sec. 23, R.A. 7166) The official ballots and election returns shall be printed by the Government Printing Office and/or the Central Bank printing facilities exclusively, under the exclusive supervision and control of the COMELEC which shall determine and provide the necessary security measures in the printing, storage and distribution thereof. (Sec. 184, BP 881) The registered political parties or coalitions of parties (or their components should there be any dissolution or division of said coalition) whose candidates obtained at least 10% fof the total votes cast in the next preceding senatorial election are each entitled to have a watcher and/or representative in the procurement. ‘and watermarking of papers to be used in the printing of election returns and official ballots, and in the printing, numbering, storage and distribution thereof. (Sec. 8, R.A. 6646) Requisition and Distribution Emergency Ballots As a. general rule, no ballots other than the official ballots shall’ be used counted. However, so-called "emergency ballot may be used in the event of failure to receive the official ballots on time, or where there are no sufficient ballots for all registered voters, or where they are destroyed at such time as shall render it impossible to provide other official ballots. In these cases, the city or municipal treasure shall provide other ballots which shall be as similar to the official ones as circumstances will permit and which shall be uniform within each polling place. (Sec. 182, BP 881) The official ballots and election returns shall be distributed to each city and municipality at the rate of one and one-fifth ballots for every voter registered in each polling place, and for election returns, at the rate of one set for every polling place. (Sec. 186, BP 881) The ruling party and the dominant ‘opposition party shall submit the names of their watchers who, together with the representatives fof the COMELEC and the provincial, city, and municipal treasurers shall verify the contents of the boxes containing the shipment of offical ballots, election returns and sample official ballots, (Sec. 189, BP 881) Publication The COMELEC shall publish at least 10 days before an election, In a newspaper of general circulation, certified data on the number ‘of ballots and returns ané the names and addresses of the printers and the number printed by each, Ballot boxes Printing of official ballots and election returns [Loryboth_Soldeias has [nayng_Moloyong deputy] [Revs Raymundo secretariat] [io Dom_tacdbdesign] Sebble Stoera printing] [Wes Mlayo.tectares) 329On the day of the voting, there shall be @ ballot box one side of which shall be transparent which shall be set in a manner visible to the voting public, It shall contain two compartments, one for valid ballots and the other for spoiled ballots. Election Registration Board REGISTRATION OF VOTERS. Registration defined Registration refers to the act of accomplishing and filing of 2 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. (Sec. 3a, R.A. 8189) Necessity of registration "The act of registration isan Indispensable precondition to the right of suffrage. For registration is part and parcel of the right to vote and an incispensable element in the election process. Thus .. registration cannot and should not be denigrated to the lowly stature of 2 mere statutory requirement. Proceeding from the significance of registration as a necessary requisite to the right to vote, the State undoubtedly, in the exercise of its inherent police power, may’ then enact laws to safeguard and Fegulate the act of voter's registration for the Ultimate purpose of conducting honest, orderly and peaceful election, to the incidental yet generally Important end, that even pre-election activities coulé be performed by the duly constituted authorities in a realistic and orderly manner ~ one which is not indifferent and so far removed from the pressing order of the day and the prevalent circumstances of the times. (Akbayan, et al v. COMELEC, G.R. No.147066, ‘March 25, 2001) In order that @ 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. (Sec. 115, BP 881). ‘Qualifications and Disqualifications ‘See previous discussion under Suffrage. [Loryboth_Soldeias has [nayng_Moloyong deputy] [Revs Raymundo secretariat] [io Dom_tacdbdesign] Sebble Stoera printing] [Wes Mlayo.tectures) (Sec. 15, RA, 8189) In each city and municipality, there shall be as many Election Registration Boards as there are election officers therein. In thickly populated cities or municipalities, the COMELEC may appoint adcitional election officers for such duration as may be necessary. The Boaré shall be composed of the following: (2) Chairman: Election officer. In case disqualified, the COMELEC shall designate an acting Election Officer. (2) Members: (2) Public school official most senior in rank; and (b) Local civil registrar, or in his absence, the city or municipal treasurer. If neither are available, any other appointive civil service official from the same locality as designated by the COMELEC. Disqualifications No member of the Board shall be related to each other or to any incumbent city or municipal elective official within the 4” civil degree of consanguinity or affinity. If in succeeding elections, any of the newly elected city or municipal officials is related to a member, of the Board within the 4” civil degree of consanguinity or affinity, such member is automatically disqualified to preserve the integrity of the Election Registration Board. NOTE: It Is an election offense to elther: (1) accept an appointment, to assume office and to actually serve as 2 member of the Board although ineligible thereto (Sec. 450, R.A. 8189), 2) appoint such ineligible person knowing him to be ineligible (Sec. 45d, RA. 8189) Function 330331 The Election Registration Board shall meet quarterly on the 3° Monday of April, July, October and January of every calendar year (or ‘on the next following working day if such designated days fall on non-working holidays) to hear and process all applications for registration. be not less than 100 days prior to @ regular election. The petition for exclusion is @ necessary component to registration since it is @ safety mechanism that gives a measure of protection against flying voters, non- Qualified registrants, and the like, The prohibitive period serves the purpose of Securing the voter's substantive right to When registrat n conducted be included in the list of voters. A special voter's registration cannot be conducted without likewise adjusting the prohibitive period for filing petitions for exclusion to a later date; otherwise, no one can challenge the Voter's list since it would already be well into the 100-day prohibitive period. Aside from being 2 flagrant breach of the principles of due process, this would open the registration Registration of voters shall be conducted not less than 120 days before a regular election and 90 days before 2 special election (Sec. 8, RA. 8189) However, in the case of an Initiative or referendum, the COMELEC Is authorized to set 2 special registration day at least 3 weeks before the scheduled initiative or referendum. (Sec. 5, R.A. 6735) CAN A SPECIAL REGISTRATION FOR A REGULAR ELECTION _BE CONDUCTED OUTSIDE THE PERIOD PRESCRIBED IN SEC. 8, R.A. 8189 UNDER THE RESIDUAL OR STANDBY POWERS OF THE COMELEC UNDER SEC. 28, R.A. 84367 Given the facts In the case of Akbayan, etal v. COMELEC (G.R. 1No.147085, March 26, 2001), no. The Supreme Court held that Sec. 8 of RA 8189 explicitly provides that no registration shall be conducted during the period starting 120 days before a regular election. The purpose of having a 120- day prohibitive period is to enable the COMELEC to complete all the necessary pre-election activities, Including the Project of Precincts, constitution of Board of Election Inspectors, Book of Voters and approved Voters Registration Records, Computerized Voters’ List, and Voters Information Sheet. Registration of voters Is not, contrary to popular opinion, merely the act of going to the Election Officer and writing the names down. It is in fact, a long process that takes about 3 weeks to complete not even counting hhow long it would take to prepare for the registration in the first place.” A buffer period is therefore necessary to safeguard against any number of unforeseen occurrences that might deley the elections. The registration period must be taken in conjunction with the period for filing of petitions for exclusion of voters under Sec. 35 of R.A, 8189, which must [Loryboth_Soldeias has process. to abuse and seriously compromise the integrity of the voter's list, and consequently, that of the entire election... (T)he periods serve a vital role In protecting the integrity of | the registration process. Without the prohibitive periods, the COMELEC would be deprived of any time to evaluate the evidence on the application, and the COMELEC would be obliged to simply take them at face value. If these safety nets are compromised, the COMELEC may end up with a voter's list full of flying voters, overflowing with unqualified registrants, populated with shadows and ghosts. As to the “standby” or “residual® powers of the COMELEC as regards Certain pre-election acts, the Supreme Court held that Sec. 28 of R.A. 8436 is anchored on the sound premise that that such preselection acts must still be capable of being reasonably performed vis-a-vis the remaining period before the date of election and the conduct of other related pre-election activities required Under the law. Given the COMELEC's declaration of “operational impossibility” of conducting 2 special registration, such stand-by power cannot be exercised or availed of in this case since the law does not require that the Impossible be cone, Re-registration [nayng_Moloyong deputy] [Revs Raymundo secretariat] [io Dom_tacdbdesign] Sebble Stoera printing] [Wes Mlayo.tectures) A voter who Is registered in thepermanent list of voters need not register anew for subsequent elections unless: (1) he transfers residence to another city, or ‘municipality; or 2) his registration has been cancelled on the ground of disqualification and such disqualification has been lifted or removed (Sec. 125, BP 881); representative of an accrecited political party upon formal request to an election registrar shall be entitled to a certified copy of the most recent list of voters upon payment of a reasonable fee. ‘System of Continuing Registration Under Sec. 8 of RA 8189, the COMELEC has the power to conduct continuing registration Such registration shall be conducted dally in the office of the Election Officer during regular office hours, except during the period starting 120 days before @ regular election and 90 days before 2 special election. The filing of the application must be done personally. Challenge of the right to register ‘Any person applying for registration may be challenged before the Election Registration Board by: + any voter, + any cendidate, or + any representative of a registered political party. Such challenge must be made in writing, under oath and must state the grounds therefor. (Sec. 18, R.A, 8189) List of voters The list of voters refers to an enumeration of names of registered voters in 2 precinct duly certified by the Election Registration Board for use in the election. (Sec. 3 (d), RA. 8189) ‘The Board of Election Inspectors must post the final list of voters in each precinct 15 days before the date of the regular or special election or referendum or plebiscite. ‘Any candidate or -—_ authorized [Loryboth_Soldeias has [nayng_Moloyong deputy] [Rous Raymundo secretariat] [io Dom_iacdbdesign] Sebbie Stoera printing] [Wes Mayo lectures) Common __rules____governing__judicial fings in Tnelusis xclusion ani jon of ni (Sec. 32, RA. 8189) (1) TIME OF FILING: During office hours (2) NoTxCE: Notice of the place, date and time of the hearing of the petition shall be served upon the members of the Board and the challenged voter upon filing of the petition. Modes of service: (1) personal delivery, or (2) registered mail, or (3) posting in the bulletin board of city ‘or municipal hall and in 2 other conspicuous places within the city or municipality (3) CONTENTS: Petition shall refer only to 1 precinct, and shell Implead the Board as respondents (4) costs: Generally, no costs shall be assessed against any party. However, the court may order @ party to pay the costs and incidental expenses of the suit should it find that the application was filed solely to harass the adverse party and to cause him to incur expenses. (5) INTERVENTION ‘Any voter, candidate or political party who may be affected by the Proceedings may intervene and present his evidence, (6) EVIDENCE: Shall be baseé on the evidence presented. Inno case shall a decision be rendered upon a stipulation of facts, If the case involves the issue of a fictitious voter, the non-appearance of the challenged voter on the day set for hearing shall be prima facie evidence that such voter Is fictitious. 332(7) DEcIstoN: Petition shall be heard and decided within 10 days from date of fling. Cases appealed to the RTC shall be decided within 10 days from receipt of the appeal. In all cases, the court shall decide these petitions not later than 15 days before the election and the decision shall become final and executory, Jurisdiction and Ay Exclusion Cases ul in. Inclusion an wre: original and exclusive jurisdiction RTc: appellate jurisdiction Appeals must be made within 5 days from receipt of notice. Otherwise the decision of the MTC becomes final and executory after said period The RTC shall decide the appeal within 10 days from the time the appeal was received, and Its decision shall be final and executory. No mation for reconsideration shall be entertained (Sec. 138, BP 881; Sec. 33, R.A. 8189) Petition for Inclusion of Voters in the List ‘The following may petition to be included in the voters’ list: + any person whose application by registration has been disapproved by the Board of /—_ Election Inspectors or + any person whose name has been stricken out from the list Petitioner may apply at any time except 105 days prior to a regular election or 75 days prior to a special election, (Sec. 34, R.A. 8189) Petition for Exclusion of Voters from the List The following may petition for the exclusion of a voter from the permanent list of voters: + any registered voter; + any representative of a political party; + the Election Officer Such petition may be filed at any time except 100 days before a regular election or 65 days before a special election. It shall be decided within 10 days from filing. (Sec. 35, RA. 8189) "The petition for exclusion Is 2 necessary component to registration since it Is a safety mechanism that gives 2 measure of protection against flying voters, non-qualified registrants, {and the like, The prohibitive period, on the other hand serves the purpose of securing the voter's substantive right to be included in the list of voters.” (Akbayan, et al v. COMELEC, GR. 1No.147066, March 26, 2001) The citizenship of a person to be stricken from the list may be decided in the exclusion proceedings. However, the decision does not acquire the nature of res judicata considering the summary character of the case. Voters Excluded Through the Inadvertence Misspelled Name (Sec. 37, RA. 8189) WHAT MAY BE FILED? (1) Petition for reinstatement - filed by any registered voter who has not been included in the precinct certified list of voters 2), Petition for correction of name - filed by any registered voter who has. been Included in the precinct certiNed list of voters with @ wrong or misspelled name WHERE FILED? with — the Registration Board Election If the petition Is denied or not acted upon, the voter may file on any date with the proper MTC 2 petition for an order directing that the voter's name be entered or corrected in the list, The following must be attached to the petition (1) Certified true copy of his. registration record, or identification card, or the entry of his name in the list of voters used in the preceding election; 333 [Loryboth_Soldrias hand! [Noyna_Malayeng deputy] [Rhude_Rayronde secretariat] (0 Dom iacd>design] Sebble Stora printing [Wes Malay lectures) tose Seteoncoot law! TAsches Yorut rear fawi au! Sorina/lud Rios ely law! ive Rafael/Mac Macansoal rim daw! &(2) Proof that his application was denied or not acted upon by the Board; (3) Proof that the petitioner has served notice of his application to the Board ‘Annulment of Book of Voters: (Sec. 39, RA, 8189) The book of voters refers to the compilation of all registration records in a precinct. (Sec. 3c, R.A. 8189) WHO MAY FILE ANNULMENT: PETITION FOR (1) Any voter; (2) Any election officer; @ Any duly registered political party GROUNDS: (1) The book of voters was not prepared in accordance with the provisions of R.A. 8189; or (2), The book of voters was prepared through Fraud; Bribe Forgery; Impersonation; Intimidation; Force; or ‘Any similar irregularity (3) The book of voters contains data that are statistically improbable The book of voters shell be annulled after due notice and hearing by the COMELEC efter the filing of a verified petition. No order, ruling or decision annulling 2 book of voters shall be executed within 90 days before an election. Deactivation and reactivation of registration Deactivation of registration (Sec. 27, RA. 8189) CAUSES OF DEACTIVATION: () The 3 grounds for disqualification to vote, namely: (a) Sentence by final jucgment to suffer imprisonment for not less than one (1) year, such disability not having been removed by plenary pardon or amnesty; (®) Adjudgment by — final judgment of having committed any crime involving disloyalty to the duly constituted government. (eg rebellion, sedition, violation’ of the firearms law) or any crime against national security, unless restored to his full civil and political rights. in accordance with law; (0) Declaration of insanity or incompetence by competent authority, Unless subsequently 2) Failure to vote in the 2 successive preceding regular elections, as shown by the voting records (Note: SK elections are NOT considered regular elections for this purpose); (3) Court order for exclusion of registration; and (2), Loss of Filipino citizenship Reactivation of registration (Sec. 28, RA. 8189) PETITION FILED: ‘Sworn application for reactivation of registration in the form of an. affidavit stating that the grounds for the deactivation no. longer exist WHO MAY FILE: ‘Any voter whose registration has been deactivates WHERE FILED: With the Election Officer, who shall then submit such application to the Election 334Registration Board for appropriate action. WHEN FILED: Not later than 120 days before a regular election and 90 days before a special registration REGISTRATION OF POLITICAL PARTIES. Political party defined Under the Omnibus Election Code, a political party is an organized group of persons Pursuing the same ideology, political ideas or platforms of government ‘and includes its branches and divisions. (Sec. 60, BP 881) Under the Party-List System Act, a political party is an organized group of citizens advocating an ideology or platform, principles and policies for the general conduct of government and which, as the most immediate means of securing their adoption, regularly nominates and supports certain of its leaders and members as candidates for public office. (Sec. 3c, RA. 7491) There are 2 kinds of political parties: (1) national party, |.e. 2 party whose constituency is spread over the geographical territory of at least a majority of the regions; an¢ (2) regional party, Le. a party whose constituency is spread over the Geographical territory of at least a majority of the cities and provinces comprising the region. Purpose of registration The purpose of registration of political parties with the COMELEC is to enable them to: (1) Acquire juridical personality; 2) Quality for accreditation; ané subsequent (3) Entitle them to the rights and privileges granted to political parties. (Sec. 60, BP 881) the following rights and privileges: A registered political party is entitled to To be voted upon as a party, provided that it is registered under the party-list system (Art. IX-G, See. 7, 1987 Constitution); To have a watcher in every Election Registration Board (Sec. 15, RA 8189); To inspect and/or copy at Its expense the accountable registration forms and/or the list of registered voters in the precincts constituting the constituency at which the political party is fielding candidates (Sec. 42, RA. 8189) To have a watcher and/or representative in the procurement and watermaking of papers to be used in the printing of election returns ané official ballots and in the printing, numbering, storage and distribution thereof (Sec. 8 R.A. 6646); To have watchers who shall verify the contents of the boxes containing the shipment of official ballots, election returns and sample officiel ballots received by the provincial, city and municipal treasurers (Sec. 189, BP 881. Note that this privilege is only available to the ruling party ‘and the dominant opposition party.); To have one watcher in every polling place and canvassing center (Sec. 26, R.A. 7166); To be present and to have counsel during the canvass of the election returns (Sec. 25, R.A. 6646) To receive the 4° copy (if the dominant majority party) or the 5” copy (if the dominant minority party) of the election returns (Sec. 27, RA. 7166 as amended by RA. 8045 and RA. 8173) Procedure Rights and privileges granted [Loryboth_Soldeias has [nayng_Moloyong deputy] [Revs Raymundo secretariat] [io Dom_tacdbdesign] Sebble Stoera printing] [Wes Mlayo.tectures) (1) The political party seeking registration may file with the COMELEC a verified 335petition attaching thereto its. constitution and by-laws, pletform or program of government and such other relevant information as may be required by the COMELEC. (2) The COMELEC shall require publication of the petition for registration or accreditation in at least three newspapers of general circulation. (@) After due notice and hearing, the COMELEC shall resolve the petition within 10 days from the date it is submitted for decision. (Sec. 61, BP 881. Note however the discrepancy with Sec. 62 which states that resolution of the petition for registration or accreditation shall be 415 days from the date of submission for decision.) ‘Who may not be registered The following may not be registered as political parties: + religious denominations and sects (Art. IX-C, Sec. 2 (5), 41987 Constitution; Sec. 61, 5p 881) + those which seek to achieve their goals through violence or unlawful means (Art. IX-C, Sec. 2 (5), 1987 Constitution, ‘Sec. 61, BP 881) + those which refuse to uphold and adhere to the Constitution (Art. IX-C, Sec. 2 (5), 1987 Constitution) + those supported by foreign governments (Art. IX-C, Sec. 2 (5), 1987 Constitution) Forfeiture of status and cancella registration A of [Loryboth_Soldeias has [nayng_Moloyong deputy] [Rous Raymundo secretariat] [io Dom_iacdbdesign] Sebbie Stoera printing] [Wes Mayo lectures) Forfeiture of status Any registered political party that, singly or in coalition with others, fails to obtain at least, 10% of the votes cast in the constituency in which it nominated and supported @ cancidate or candidates in the election next following its registration shall, after notice and hearing be deemed to have forfeited such status as a registered political party in such constituency. (Sec. 60, BP 881) Cancellation of registration The following are grounds for cancellation of registration of a political party: (1) Accepting financial contributions from forelgn governments or their agencies (Art. IX-C, Sec. 2 (5), 1987 Constitution); 2) The party is @ religious sect or denomination, organization or association organized for religious purposes (Sec. 6 (1), RA. 7941); (@) The party advocates violence or Unlawful means to seek its goal (Sec. 6 (2), RA. 7941); (4) The party is a foreign party or organization (Sec. 6 (3), R.A. 7941); (5) The party is receiving support from any foreign government, foreign palitcal party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes (See. 6 (2), RA. 7941); (©) The party violates or fails to comply with laws, rules or regulations relating to elections (Sec. 6 (5), R. A. 7941); (7) The party declares untruthful statements" in its petition for registration (Sec. 6 (5), RA. 7941); (@) The party has ceased to exist for at least 1 year (Sec. 6 (7), RA. 7941); (@) The party fails to participate in the last 2 preceding elections (Sec. 6 (8), RA. 7941); (10) If registered under the party-list system, the party fails to obtain at least 2% of the votes in the 2 preceding elections for the constituency in which it has registered. (Sec. 6 (8), RA. 7941) 336Under the party-list system, the COMELEC may refuse or cancel registration either motu proprio or upon verified complaint of any interested party, after due notice and hearing. (Sec.'6, RA. 7941) Nomination and selection of official candidates. (see. 6 RA 7166) No political convention or meeting for the nomination or election of the official candidates of any political party or organization or political groups or coalition thereof shall be held earlier than the following perlods: Pres., VP, Senators: 165 days before the date of the election Members of the House of Representatives 75 days before the day of. Elective Provincial, City or Officers the election REGISTRATION FOR PARTY-LIST Party-list system defined The party-list system is a mechanism of proportional representation in the election of representatives to the House of Representatives from national, regional and sectoral parties or organizations or coalitions thereof “registered with the _ COMELEC. Component parties or organizations of a coalition may participate Independently, provided the coalition of which they form’ part does not participate in the party-list system. (Sec. 3, R.A. 7941) The following groups of persons may participate in the party-list system: (1) Political parties (See discussion in previous section); (2) Sectoral parties, i.e. organized groups of citizens belonging to the labor, peasant, fisherfolk, urban poor, Indigenous" cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and ‘professional sectors, and whose principal advocacy pertains to the special interest and concerns of their sector (Sec. 3d, RA. 7941); (9) Sectoral organizations, i.e. groups of citizens or coalitions of ‘groups of citizens who share similar physical attributes or characteristics, employment, interest or concerns (Sec. 3e, RA. 7941); (4) Coalitions, i.e. agarupations of duly registered national, regional, sectoral parties or organizations for political and/or election purposes (Sec. 3f, RA. 7941) Parties, organizations or coalitions that are already registered with the COMELEC need not register anew. However, should they wish to participate in the party-list system, they must file with the COMELEC @ manifestation of such desire to participate not later than 120 days before the Purpose of party-list system The purpose of the party-list system is to enable Filipino citizens belonging to marginalized and underrepresented sectors, organizations an¢ parties, and who lack well- defined political constituencies but who could contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole, to become members of the House of Representatives. (Sec. 2, RA. 7941) ‘Who may be registered election. (Sec. 4, R.A. 7941, as amended by Sec. 11, RA. 8436) Procedure for registration PETITION: Petition verified by the party/organization/coalition's presicent or secretary. The petition must state its desire to participate in the party-list system 2s @ national, regional or sectoral party or organization or 2 coalition of such parties or organizations, WHEN FILED: Not later than 90 days before the election ATTACHMENTS: (1) Constitution; 337 [Loryboth_Soldrias hand! [Noyna_Malayeng deputy] [Roude_Roymunde secretariat] (Dio Dom iacdbdesign] Sebble Stoera printing] [Wes Mlayo.tectures) tose Setecn-oei law! TAsches Yorut rear fawi au! Sorina/lud Riocely law! hve Rafael/Mac Macansoal crim law! &(2) By-laws; (3) Platform or program of government; (4) List of officers; (5) Coalition agreement (2s applicable); (6) "Other relevant information as may be required by the COMELEC After due notice and hearing, the COMELEC shall resolve the petition within 15 days from the date it was submitted for decision, but not later than 60 days before election. (Sec. 5, RA. 7941) Grounds for refusal and/or cancellation of registration 8. The party has ceased to exist for at least 1 year (Sec. 6 (7), R.A. 7941); 8. The party fails to participate in the last 2 preceding elections (Sec. 6 (8), RA. 7941); 10, If registered under the party-list system, the party fails to obtain at least 2% of the votes in the 2 preceding elections forthe constituency in which it has registered, (Sec. 6 (8), RA. 7941) The COMELEC may refuse or cancel registration either motu proprio or upon verified complaint of any interested party, after due notice and hearing. (Sec. 6, R.A. 7941) The following are grounds for refusal anc/or cancellation of registration of a party, organization or coalition wishing to participate in the party-list system ‘Accepting financial contributions from foreign governments or thelr agencies (Art. IX-C, Sec. 2 (5), 1987 Constitution); 2. The party is a religious sect or denomination, organization or association organized for religious purposes (Sec. 6 (1), R.A. 7941); 3. The party advocates violence or Unlawful means to seek its goal (Sec. 6 (2), RA, 7941); 4, The party is a foreign party or organization (Sec. 6 (3), RA. 7941); 5. The party is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes (Sec. 6 (4), RA. 7941); 6. The party violates or fails to comply with laws, rules or regulations relating to élections (Sec. 6 (5), R.A. 7941); 7 The party declares untruthful statements. in Its petition for registration (Sec. 6 (6), R.A. 7941); [Loryboth_Soldeias has ‘Nomination of party-list representatives [nayng_Moloyong deputy] [Rous Raymundo secretariat] [io Dom iacdbdesign] Sebble Stolera printing] [Wes Mlayo.lectares) (Sec. 8 RA. 7941) Each registered party, organization or coalition shall submit to the COMELEC a list of not more than 5 names from which party-list representatives shall be chosen in case it obtains the required number of votes. This list must be submitted not later than 45 days, before the election. The nomination representatives is subject limitations: of party-list to the following (1) The nominee must have all of the qualifications and none of the disqualifications for the exercise of the right of suffrage. Moreover, he/she must be a registered voter, able to read and write, and at least 25 years on the day of the election. In case of youth sector nominees, such nominees must be at least 25, but not more than 30 yrs. old on the day of the election, (Sec. 9) (2) The nominee must be a bona fide member of the party or ‘organization which he/she seeks to represent for at least 90. days preceding the day of the election. (See. 9) (3) An electes party-list representative who changes his political party or sectoral affiliation within 6 months before an election is not eligible for party-list under his new nomination as representative 338339 party or organization. (Sec. 15) proportional representation, (4) A person may be nominated in 1 butis inno way listoniy. (See. 8) fo. exceed 3 seats per (8) Only persons who have given organization their consent in writing may be named inthe lst. (See. 8) Residence |No special | Must be a requirement | residency fesident of ‘his (© The list cannot include any requirement | legislative candidate for any elective office district for at or any person who has lost his Teast 1. year bid for an elective office in the immediately Immediately preceding election before the (See. 8) election (1) Changes of name or alterations Manner of | Voted upon by | Elected in the order of nominees are election | party or| personally, Le. generally not allowed after the Srgenization, 1 | by name list has been submitted to the is only when 2 COMELEC. However, these may pany is entitled be. allowed ‘when the nominee to either: representation that it (0) ies; or designates who {6) withdraws his will sit. as nomination in wring: oF representative: (Becomes incapactated Ettect of | Loses his seat, | Does not lose in which case the name of the disaffiliation | in which case | seat if he/she substitute nominee shall be with party | he/she wil be | changes "par placed last in te list, (See. 8) porey | cubsttutec. by | orataton. another qualified person In the party / Party-list and district representatives organization distinguished based on the list submitted to the COMELEC, Every voter is entitled to 2 votes: the first is @ vote for candidate for Effect of | A substitution | A special member of the House of Representatives in his vacancy will be made | election may be legislative district, and the second, a vote for the within the | held provided party, organization, or coalition he wants party, based on | that the represented in the House of Representatives. the list | vacancy takes submitted to | place at least 1 Party-list District the COMELEC, | year before the representative | representative next election, Scope of | Elected Elected Effect of |A _—_party-list | This does not electorate | nationally, with | according to] | change in | representative | prevent 2 party-list legislative affiliation | is prohibited | district Crganizations | district by the | | within 6 | from sitting as | representative garnering at | constituents of | _ | months representative | from running least 3% of all | such district prior to | under his new | under his new the votes cast election party or | party. for the party organization, list systern entitled to 1 Effect of [A partyclist | A district seat, which Is loss during | representative | representative Increased cannot sit if he | is not prevented according to ran_and lost in | from running [Loryboth_Soldris hand! [Noyna_Maloyeng deputy] [Rhude_Raymonde secretariat] (0 Dom iacd>design] Sebble Stora printing] [Wes Mayo lectures) tose Betecncoei law! TAaches Yorut rear fawi au! Scrna/iudy Rios ely law! tive Rafael/Mac Macansosl crim law! &the previous election, again as district representative performance of its specific functions and activities provided by law, and such other functions and activities, if he/she lost provided by law, and such other during the functions and activities which the previous COMELEC may assign; election (@) That it shall strictly remain non- ACCREDITATION OF CITIZENS’ ARMS partisan and impartial during the Who may be accredited (Rule 33, COMELEC Rules of Procedure) ‘Any bona fide non-partisan group, association or organization from the civic, youth, professional, educational, business or labor sectors with identifiable leadership, membership anc structure, and with demonstrated capacity to promote the public interest and assist the COMELEC in the performance of its functions and activities as mandated by the Constitution and by lew, may be accredited as citizens’ arms of the COMELEC. (Rule 33, Sec. 1, COMELEC Rules of Procedure) () FILING oF ACCREDITATION PETITION FOR Any group seeking accreditation may file a petition for accreditation, duly verified by its registration ang election periods; (That it is not supported by or under the influence of any foreign government or any of its agencies or instrumentallties; or of any foreigner, whether natural or juridical person; (@) That it shall not solicit or receive, directly or indirectly, any contribution for aid of whatever form or nature from any foreign government or any of its agencies or instrumentalities, for from any foreigner, whether natural or juridical person; (>) That it does not seek to achieve its objectives, goals or programs through violence or other unlawful means, nor aim to propagate any ideology opposed to the principles of 2 republican and democratic government; and (i) That it undertakes to police its ranks and prevent infiltration by persons or ‘groups of persons who may, directly President, Chairman. of the Board’ of 7 Sr indirecty, destroy is character of Directors, or any of its duly authorizes Directo non-partisarship end impartiality The petition for accreditation must state the @) SETTING OF PETITION FOR HEARING following Upon the fling of the petition, the COMELEC en bane shall Immediately set the petition for (9) The constituency to which pettioner hearing. The COMELEC may. order the Seeks accreditation: publication of the petition in a newspaper of (0) That it is not supporting any Recessory< Publeation shal be" at the candidate, "“poltical party, root nee te organization or eaaltion of paiticl : parties, in the constituency where it (©) HEARING OF PETITION seeks accreditation; (c) Nature of its membership; names of its officers or organizers, location of principal office or place of business, and an assurance of its capability to undertake @ coordinated operation and activity to assist the COMELEC; (4) That it shall submit itself to the direct and immediate control and supervision and comply with the orders of the COMELEC in the The accreditation of the petitioner may be opposed by any person, group, association, group or organization, political party or coalition of political " parties possessing relevant information or evidence against the petitioner by fling a verified opposition However, notwithstanding the absence of any ‘opposition, the COMELEC may motu proprio require the petitioner to present evidence to support its petition for accreditation. 340 [Loryboth_Soldrias hand! [Noyna_ Malayeng deputy] [Rhude_Rayronde secretariat] (0 Dom iacd>design] Sebble Stora printing] [Mies Mayo lectures) Rapes Setecncoei law! TAaches Yorut rear fawi au! Scrna/ludy Rios ely law! hve Rafael/Mac Macansoal crim Haw! &