I.

The 1987 Constitution (effective February 2, 1987- before this is

the 1973, 1935 and Malolos Constitution)
A. Nature and concept of a constitution
i. Definition: written instrument enacted by direct action of
the people by which the fundamental powers of the
government are established, limited, and defined, and by
which these powers are distributed among several
departments for their safe and useful exercise for the
benefit of the body politic
ii. Purpose:
1. prescribe permanent framework of system of
government
2. assign to different departments their powers and
duties
3. establish certain first principles on which the
government is founded
iii. Classification
1. Written or unwritten- written is one whose percepts
are embodied in one document or set of documents;
unwritten consists of rules which have not been
integrated into a single concrete form e.g. judicial
decisions, customs and traditions, common law
principles
2. Conventional or cumulative – conventional is
enacted, formally struck off at a definite time and
place, following a conscious and deliberate effort
taken by a constituent body; cumulative is a result
of a political evolution, not inaugurated at any
specific time
3. Rigid or flexible- rigid can be amended only by a
formal usually difficult process; flexible is one that
can be changed by ordinary legislation
iv. Qualities
1. Broad – comprehensive enough to provide for every
contingency
2. Brief – must confine itself to basic principles to be
implemented with legislative details more adjustable
to change and easier to amend
3. Definite – must not be ambiguous so as to not result
in confusion and divisiveness among the people
B. Parts of a constitution
i. Liberty – sets forth political and civil rights of the citizens
and imposes limitation on the powers of the government
as a means of securing enjoyment of said rights, defines
the electorate
ii. Government – outlines the organization of the
government, enumerates its powers, lays down certain
rules relative to its administration, defines the electorate
 iii. Sovereignty – points out the modes or procedure in
accordance with which formal changes in the fundamental
law may be brought about
C. Amendments and revisions
i. Revision
1. Implies a change that alters a basic principle in the
constitution
2. Alters the substantial entirety of the constitution
3. Generally affects several provisions of the
constitution
ii. Amendment
1. Refers to a change that adds, reduces, deletes
without altering the basic principle involved
2. Generally affects only the specific provision being
changed
iii. Two-part test to determine if amendment or revision
1. Quantitative – whether proposed change is so
extensive as to change directly the substance
entirety; court examines only the number of
provisions affected and does not consider the
degree of the change
2. Qualitative – inquires into the qualitative effects of
the proposed change; whether the change will
accomplish such far-reaching changes in the nature
of our basic governmental plan as to amount to a
revision
iv. Steps in amendatory process
1. Proposal which shall come from:
a. Congress by a vote of ¾ of all its members –
Congress is both an ordinary legislative body
pursuant to Article VI and a constituent
assembly thru Article XVII
b. Constitutional convention (ConCon) which
may be called into existence either by 2/3 vote
of all members of Congress or (if such vote
not obtained), by majority of all members of
Congress with a question of whether or not to
call a convention to be resolved by the people
in a plebiscite (Sec 3 Art XVII) [3 theories in
concon position – sovereign, inferior, or co-
equal)
c. People, through the power of initiative (Sec 2
Art XVII);
i. 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 (RA 6735)
 ii. Requisite: a petition of at least 12 % of
the total number of registered voters,
of which every legislative district must
be represented by at least 3% of the
registered voters therein
a. 2 essential elements that must
be present in the petition
i. The people must author
and sign the entire
proposal, no agent or
representative can sign on
their behalf
ii. Proposal must be
embodied in the petition
iii. Limitation: No amendment in this
manner shall be authorized within 5
years following the ratification of this
constitution, nor more than once every
5 years thereafter
iv. Three systems of initiative:
a. Initiative on the constitution –
proposing amendment to the
constitution
b. Initiative on statutes – proposing
to enact a national legislation
c. Initiative on local legislation –
proposing to enact a regional,
provincial, city, municipal or
barangay law, resolution, or
ordinance
v. Indirect initiative – exercise of initiative
by the people through a proposition
sent to congress or local legislative
body for action
vi. Initiative applies only to an amendment
and not to a revision of the constitution
vii. Ratification: proposed amendment
shall become part of the Constitution
when ratified by a majority of the votes
cast in a plebiscite held not earlier than
60 nor later than 90 days after the
approval of the proposal by the
congress or the concon, or after the
certification by the comelec of the
sufficiency of the petition for initiative
(Sec 4 Art XVII)
viii. DOCTRINE OF PROPER
SUBMISSION – because the
constitution itself prescribes the time
 frame within which the plebiscite is to
be held, there will be no longer arise
the question of whether the time given
to the people to determine the merits
and demerits of the proposed
amendment is adequate.
ix. Entire constitution must be submitted
for ratification at one plebiscite only;
submission for ratification of piece-
meal amendments was disallowed
x. Judicial review of amendments – after
ratification, the question is now subject
to judicial review because issue will
boil down to whether or not
constitutional provisions on
amendment had been followed
D. Methods of interpreting a Constitution
i. Verba legis – whenever possible, the words used in the
constitution must be given their ordinary meaning except
where technical terms are employed; its language as
much as possible should be understood in the sense they
have a common use
ii. Ratio legis et anima – in case of ambiguity, it should be
interpreted in accordance with the intent of the framers. In
construing a constitution, the court should bear in mind
the object sought to be accomplished and the evil sought
to be prevented or remedied
iii. Ut magis valeat quam pereat – the constitution has to be
interpreted as a whole
iv. Civil Liberties Union case: if plain meaning of the words
not found after resorts to other aids are exhausted, it is
safer to construe the constitution from what appears upon
its face. Proper interpretation depends more on how it
was understood by the people adopting it than in the
framers’ understanding thereof, for after all, the
constitution derives its force from the people who ratified
it, the intent to be arrived at should be that of the people
v. In case of doubt, provisions should be considered self-
executing; mandatory rather than directory; prospective
rather than retroactive
vi. A provision that lays down a general principle is usually
not self-executing
vii. A provision which is complete in itself and becomes
operative without the aid of supplementary or enabling
legislation, or that which supplies a sufficient rule by
means of which the right it grants may be enjoyed or
protected is self-executing
 viii. A provision is self-executing if the nature and extent of the
right is conferred and the liability imposed are fixed by the
constitution itself
ix. Unless the contrary is clearly intended, the provisions of
the constitution should be considered self-executing, as a
contrary rule would give legislature discretion to
determine when and whether they shall be effective
x. DOCTRINE OF CONSTITUTIONAL SUPREMACY – if a
law or a contract violates any norm of the Constitution,
whether promulgated by the legislative or by the
executive branch or entered into by private persons for
private purposes, the same is null and void, and without
any force and effect. The constitution is the fundamental
and supreme law of the land, it is deemed written in every
statute and every contract.

II. Basic Concepts

A. Declaration of principles and state policies
i. The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government
authority emanates from them. (Sec. 1, Art. II)
1. Manifestations of republicanism:
a. Government of laws and not of men
b. Rule of majority
c. Accountability of public officials
d. Existence of bill of rights
e. Legislature cannot pass irrepealable laws
f. Separation of powers
2. Philippines shares some aspects of direct
democracy that accords to the citizens a greater
participation in the affairs of the government such
people’s as initiative and referendum, the right to
information on matters of public concern etc.
3. Authoritarianism – assumption of extraordinary
powers by the president (e.g. Marcos) including
legislative, and judicial, and even constituent
powers
4. Constitutional authoritarianism is compatible with a
republican state if the Constitution upon which the
Executive bases his assumption of power is a
legitimate expression of the people’s will and if the
Executive who assumes power received his office
through a valid election by the people
ii. Incorporation clause – the Philippines renounces war as
an instrument of national policy, adopts the generally
accepted principles of international law as part of the law
of the land, and adheres to the policy of peace, equality,
justice, freedom, cooperation and amity with all nations
(Sec 2 Art II)
 1. Bases for renunciation of war:
a. Covenant of the league of nations – provides
the conditions for the right to go to war
b. Kellogg-Briand pact of 1928 – also known as
the general treaty for the renunciation of war;
forbids war as an instrument of national policy
c. Charter of the united nations – prohibits threat
or use of war against the territorial integrity or
political independence of a state
2. DOCTRINE OF INCORPORATION – generally
accepted principles of international law are
automatically part of our own laws
a. Generally accepted principles of international
law refers to norms of general or customary
international law which are binding on all
states
b. International law can become part of the
sphere of domestic law by:
i. Transformation – requires that an
international law principle be
transformed into domestic law through a
constitutional mechanism such as local
legislation
ii. Incorporation – applies by mere
constitutional declaration
c. In case of conflict between a rule of
international law and constitution or statute of
a local state, efforts must be made to
harmonize r=them so as to give effect to both
d. If conflict irreconcilable, jurisprudence dictates
that municipal law should be upheld
e. In most countries, doctrine of incorporation
dictates that rules of international law are
given equal standing with and are not superior
to national legislative enactments thus the
principle of lex posterior derogate priori (later
law repeals an earlier law) applies
f. In the Philippines, since constitution is the
highest law of the land, statutes and treaties
may be invalidated if they are in conflict with
the constitution
iii. Civilian Supremacy – civilian authority is at all time
supreme over military. AFP is the protector of the people
of the state. Its goal is to secure the sovereignty of the
state and the integrity of the national territory. (Sec 3 Art
II)
1. Strengthened by the following provisions:
a. Commander in chief clause (State of
emergency)
 b. AFP member shall uphold and defend the
constitution
c. AFP member shall respect people’s rights
d. Professionalism in AFP
e. Insulation of AFP from partisan politics
f. Prohibition against appointment of AFP
member in active service of civilian post
g. Compulsory retirement without extension
h. Proportional recruitment prom provinces and
cities to avoid regional clique
i. Three-year limit rule on tour of duty of AFP
chief of staff (extendible by president under
emergency declared by congress
j. Establishment of police force that is civilian in
character
iv. Duty of government and people to defend the state – the
prime duty of the government is to serve and protect the
people. The government may call upon the people to
defend the state and in the fulfillment thereof, all citizens
may be required under conditions provided by law to
render personal, military, or civil service (Sec 4 Art II)
v. The maintenance of peace and order, the protection of
life, liberty, and property, and the promotion of general
welfare are essential for the enjoyment by all the people
of the blessings of democracy (Sec 5 Art II)
1. The right to bear arms, being mere statutory right
and not constitutional, cannot be considered as an
inalienable or absolute right
vi. Separation of church and state – separation of church
and state shall be inviolable (Sec 6 Art II)
1. Reinforced by the following provisions:
a. Freedom of religion clause
b. Religious sect cannot be registered as political
party
c. No sectoral representative from the religious
sector
d. Prohibition against appropriation for sectarian
benefit
2. Exceptions:
a. Churches, parsonages, etc., actually, directly
and exclusively used for religious purposes
shall be exempt from taxation
b. Prohibition against appropriation for sectarian
benefit except when priest or ecclesiastic is
assigned to the armed forces or to any penal
institution or government orphanage or
leprosarium
c. Optional religious instruction for public
elementary and high school students
 d. Filipino ownership requirement for educational
institutions except those established by
religious groups and mission boards
vii. Independent foreign policy (Sec 7 Art II)
1. The state shall pursue and independent foreign
policy
2. In its relations with other states, paramount
consideration shall be national sovereignty,
territorial integrity, national interest, right to self
determination
viii. Nuclear-free Philippines (Sec 8 Art II)
ix. Just and dynamic social order (Sec 9 Art II)
x. Promotion of Social Justice (Sec 10 Art II)
1. Social justice is "neither communism, nor
despotism, nor atomism, nor anarchy," but the
humanization of laws and the equalization of social
and economic forces by the State so that justice in
its rational and objectively secular conception may
at least be approximated. Social justice means the
promotion of the welfare of all the people, the
adoption by the Government of measures
calculated to insure economic stability of all the
competent elements of society, through the
maintenance of a proper economic and social
equilibrium in the interrelations of the members of
the community, constitutionally, through the
adoption of measures legally justifiable, or extra-
constitutionally, through the exercise of powers
underlying the existence of all governments on the
time-honored principle of salus populi est suprema
lex.
xi. Respect for human dignity and human rights (Sec 11, Art
II)
xii. Family (Sec 12, Art II)
1. Conception refer to the moment of fertilization
2. Protection of unborn child upon fertilization
3. Rh law constitutional – only those that kill or destroy
the fertilized ovum would be prohibited
4. Contraceptive that actually prevent the union of
male sperm and female ovum, and similar actions
taken before fertilization should be deemed non-
abortive and thus constitutionally permissible
5. Intent of framers of constitution for protecting the life
of unborn child was to prevent the legislature from
passing a measure that would allow abortion
6. The right of parents in the upbringing of the youth is
superior to that of the state
xiii. Youth (Sec 13, Art II)
xiv. Fundamental equality of men and women (Sec 14 Art II)
 1. Company’s policy of not accepting or considering as
disqualified from work any woman worker who
contracts marriage, runs afoul of the right against
discrimination which is guaranteed under the
constitution. Requirement that a woman employee
must remain unmarried may be justified as a bona
fide occupational qualification where the particular
requirements of the job would demand the same.
xv. Promotion of health and ecology ( Sec 15 -16 Art II)
1. Minors have legal standing to institute suits re
logging because it focuses on a fundamental legal
right, the right to a balanced and healthful ecology.
This right need not even be written in the
constitution for it is assumed like other civil and
political rights guaranteed in the bill of rights to exist
from the inception of mankind, and it is an issue of
transcendental importance with intergenerational
implications.
xvi. Priority to education, science, technology, arts, culture
and sports (Sec 17 Art II)
1. Academic freedom
2. While every citizen has the constitutional right to
select a profession, exercise of this right may be
regulated pursuant to the police power of the state
to safeguard the general welfare of the public e.g.
board exam
xvii. Protection to Labor (Sec 18 Art II)
1. What concerns the constitution more paramountly is
that employment be above all decent, just, and
humane
xviii. Self-reliant and independent economic order (Sec 19-20,
Art II)
1. Does not impose a policy of Filipino monopoly of the
economic environment
2. Lessening of restraints on foreigners’ right to
property or to engage in an ordinarily lawful
business does not amount to a denial of Filipinos’
right to property and due process of law
xix. Land reform (Sec 21 Art II)
xx. Indigenous cultural communities (Sec 22 Art II)
xxi. Independent people’s organization (Sec 23 Art II)
xxii. Communication and information in nation-building (Sec
24, Art II)
xxiii. Autonomy of local governments (Sec 25 Art II)
1. Principle of local autonomy – decentralization; it
does not make local governments sovereign within
the state or an imperium in imperio
2. Administrative authority may involve the devolution
of powers but subject to limitations like following
 national policies or standards and those provided by
the local government code because structuring of
local government, and allocation of powers,
responsibilities, and resources among local
government units and local officials have been
placed by the constitution in the hands of congress
3. Decentralization of administration – delegation of
administrative powers to the local government unit
in order to broaden the base of governmental
powers
4. Decentralization of power – abdication by the
national government of governmental powers

B. Sovereignty
i.
C. State Immunity
D. Separation of Powers
i. Purpose: to prevent concentration of authority in one
person or group of persons that might lead to an
irreversible error or abuse in its exercise to the detriment
of republican institutions
ii. Principle of Blending of Powers – Instances when powers
are not confined exclusively within one department but
are assigned to or shared by several departments e.g.
enactment of general appropriations law
E. Check and balances
i. Purpose: allows one department to resist encroachments
upon its prerogatives or to rectify mistakes or excesses
committed by other departments e.g. veto power of the
president
ii. The first and safes criterion to determine whether a given
power has been validly exercised by a particular
department is whether or not the power has been
constitutionally conferred upon by the department
claiming its exercise
iii. In the absence of express conferment, exercise of power
may be justified under the doctrine of necessary
implication
iv. DOCTRINE OF NECESSARY IMPLICATION – grant of
an express power carries with it all other powers that may
be reasonably inferred from it
v. If not expressed nor implied, it might be inherent or
incidental such as president’s power to deport
undesirable aliens which may be exercised independently
because it is an “Act of State” (the court justified the
 action of President Cory in banning the return of
Marcoses to the Philippines on basis or President’s
residual power
vi. The doctrine of separation of powers inures the bedrock
of our system of checks and balances in the government
vii. Independence of judiciary: the court’s mandate in so far
as this principle is concerned, is to keep the different
branches within the exercise of their respective assigned
powers and prerogative through the rule of law
viii. PRINCIPLE OF COMITY – practice of voluntarily
observing interdepartmental courtesy in undertaking their
assigned constitutional duties for the harmonious working
of government
ix. Deliberative process privilege – information like internal
deliberations of the supreme court and other collegiate
courts, or executive sessions of either house of congress
are recognized as confidential—all branches are entitled
to this privilege for their own decision and policy-making
conversations and correspondence, documents included.
To qualify for protection under this privilege, the agency
must show that the document is both:
1. Pre-decisional – made in the attempt to reach a final
conclusion
2. Deliberative – reflects the give-and-take of the
consultative process
F. Delegation of powers
i. POTESTAS DELEGATA NON POTEST DELEGARE (no
delegated powers can be further delegated) – based on
the principle that delegated power constitutes not only a
right but a duty to be performed by the delegate through
the instrumentality of his own judgment and not through
the intervening mind of another
ii. Barangay Protection Order (BPO) issued by a punong
barangay (or kagawad) is not an undue delegation of
judicial power, it merely orders the perpetrator to desist
from causing physical harm and threatening to cause the
woman or her child physical harm; it is purely executive in
nature pursuant to his duty under local government code
to enforce all laws and ordinances, and maintain public
order in the barangay
iii. Permissible delegation
1. Tariff powers to the President
a. Congress may by law authorize the president
to fix within specified limits and subject to
such limitations and restrictions as it may
impose, tariff rates, import and export quotas,
tonnage and wharfage dues, and other duties
or imposts within framework of the national
 development program of the government (Sec
28 (2) Art VI)
2. Emergency powers to the President
a. In times of war or other national emergency,
the congress may by law authorize the
president for a limited period, and subject to
such restrictions as it may prescribe, to
exercise powers necessary and proper to
carry out a declared national policy. Unless
sooner withdrawn by resolution of the
congress, such power shall cease upon the
next adjournment thereof. (Sec 23 (2) Art VI)
b. State of emergency different from emergency
powers
c. State of emergency is constitutionally granted
to the president so no constitutional objection
can be raised; state of emergency is provided
under sec 18 art vi—the president as
commander in chief may call out armed forces
to prevent or suppress lawless violence,
invasion, or rebellion
3. Delegation to the people
a. Referendum – power of the electorate to
approve or reject a legislation through an
election called for the purpose
i. Referendum on statutes – petition to
approve or reject an act or law or part
thereof, passed by congress
ii. Referendum on local law – petition to
approve or reject a law, resolution,
ordinance enacted by regional
assemblies and local legislative bodies
b. Plebiscite – electoral process by which an
initiative on the constitution is approved or
rejected by the people

4. Delegation to local government units

a. Legislation by local government is not
regarded as transfer of general legislative
power but a grant of authority to prescribe
local regulations based on the fact that local
legislatures are more knowledgeable than the
national lawmaking body on matters of purely
local concern, and are in a better position to
enact appropriate legislative measures
thereon
5. Delegation to administrative bodies
a. Power of subordinate legislation – while
making of laws is a non-delegable power that
 pertains exclusively to the congress, the latter
may nevertheless constitutionally delegate the
authority to promulgate rules and regulations
to implement a given legislation and effectuate
its policies, provided that the regulation should
be germane to the object and purposes of the
law, and not in contradiction to but in
conformity with the standards prescribed by
the law
iv. Tests for valid delegation
1. Completeness test – the law must be complete in all
its essential terms and conditions when it leaves
legislature so that there will be nothing left for the
delegate to do when it reaches him except to
enforce it
2. Sufficient standard test – intended to map out the
boundaries of the delegate’s authority by defining
the legislative policy and indicating circumstances
under which it is to be pursed and effected; to
prevent total transference of legislative power to the
delegate
a. Legislative standard need not be expressed, it
may simply be gathered or implied

G. Fundamental powers of the state

i. Police Power
ii. Eminent domain
iii. Taxation
H. IDK WHERE THEY FALL
i. Political question – refers to those questions which under
the constitution are to be decided by the people in their
sovereign capacity, or in regard to which full discretionary
authority has been delegated to the legislative or
executive branch of the government; concerned with
issues dependent upon the wisdom, not legality, of a
particular measure; limitation, judiciary power to
determine whether or not there has been grave abuse of
discretion amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of the
government
ii. Justiciable question – a purely justiciable question implies
a given right, legally demandable and enforceable, an act
or omission violative of such right, and a remedy granted
and sanctioned by law for such breach of right; it is
justiciable if it involves infringement of the constitution

III. National Territory

IV. Citizenship
 V. Legislative Department
VI. Executive Department
VII. Judicial Department
Internal Rules of the Supreme Court prohibits the disclosure of
1. Results of raffle of cases
2. Actions taken by court on each case included in the
agenda of court’s session
3. Deliberations of the members in court sessions on
cases and matters pending before it (deliberative
process privilege)
Grounds for denying access to court records or prevent members of the
bench from being subjected to compulsory process
4. Disqualification by reason of privileged
communication
5. Pendency of an action or matter
VIII. Constitutional Commissions
IX. Bill of Rights
X. Law on Public Officers
XI. Administrative Law
XII. Election Law

Petition for inclusion / exclusion – filed before mtc/mtcc – appealable to rtc-

rtc decision final and executory

Petition for inclusion – may be filed anytime except 105 days before regular
election or 75 days before special election

Petition for exclusion – may be filed anytime except 100 days before
regular election or 65 days before special election

Political party shall obtain at least 10% of the total vote cast
Sectoral party atleast 2% ?????

Party leadership – comelec has jurisdiction

Party membership and discipline – comelec has no jurisdiction

Party list representation in the house of representatives – formula:

Twenty percent allocation - basis: constitution purpose: partylist reps

shall be 20% of the total number of representatives
Two percent threshold – basis: RA7941 purpose: only those who
garnered atleast 2% of the total vote casts are qualified to have one seat
Three seat-limit – 7941, in order to enable other partylist orgs to
have a seat and not defeat purpose of consti in opening up party list
systems tho those who are underrepresented or marginalized sectors or
political parties that lack well defined political constituencies
First party rule – a system of computing additional seats that a
qualified org may be entitled to in addition to the first seat; it is a methid of
computing proportionally the number of additional seats that may be
allocated to the winning party orgs on the basis of party list total number of
votes- pupose is to assure that distribution of seats is in proportion to the
total number of votes obtained by the winning party orgs

Consecutive election for local officials

The three-consecutive term limit refers to one where he was elected to

such office, thus succession to such office is not covered uner the three-
consecutive term limit

The conversion of a municipality into a city does not erase the three
consecutive terms and full service for such three terms of mayoralty in the
municipality. While it is now a new corporate entity, the city of tuba still
consists of the same inhabitants, still of the same geographical area, with
the same meets and bounds as former municipality, same people whom
mayor serve. Purpose of three-term limit rule is to prevent anyone person
from perpetrating himself in power and so accumulates power for himself
and unduly restricts the chances of other qualified citizens from running for
public service in the same office.

RA 9225 – derivative citizenship – the unmarried child whether legitimate or

illegitimate, or adopted, below 18 years of age of those who re-acquired
Filipino citizenship upon effectivity of this act shall be deemed to be citizens
of the Philippines

Derivative citizenship applies only to minor children and not to spouse

Sworn declaration of renunciation of foreign citizenship required before a

dual citizen or one who was naturalized as Filipino citizen (Filipino who
acquired foreign citizenship then reacquired Filipino citizenship
subsequently) at the time he files cert of candidacy to any public office;
failure to do so would disqualify him to run for public office

Condonation doctrine abandoned by morales vs ca and binay

Disqualified from running for punlic office under LGC:

1. Sentenced by final judgment of an offense involving moral turpitude

or for an offense punishable by one year or more of imprisonment,
within 2 years after serving such sentence
2. Removed from office by reason of admin case
3. Convicted by final judgment for violation the oath of allegiance to the
PH
4. Dual citizens
5. Fugitive from justice in a criminal or nonpolitical case here or abroad
6. Permanent residents in a foreign country or have acquired the right to
reside abroad
7. Insane or feeble-minded
Preventive suspension is not an interruption so as to allow the incumbent to
run for a 4th term

Preventive suspension, suspension, voluntary renunciation are all

considered not interruption (meaning no more running for 4 th term)

Only case considered as an interruption is when an official was involuntarily

removed (still qualified) – may run for 4th term

Succession to an office is not equivalent to election to such office and a

full-term service

Recall election is not considered a full term

Disqualification of winner of election does not qualify the candidate with 2 nd

highest number of votes as elected

When COC is cancelled due to material representation, candidate is

considered as not having filed coc and opponent is the only one who files
and considered as highest number of votes

Petition filed under sec 68 vs under sec 78 of Omnibus Election Code

68:
(Disqualifications) judgment or decision must be final
1. Candidate has given money or material consideration
2. Committed acts of terrorism
3. Spends in excess of that which allowed by law
4. Solicited or received contributions which are prohibited
5. Violated sec 80 campaigning outside campaigning period
6. violated provisions on campaigning
7. Committed election offenses in sec 261 of OEC including those
concerning expenditure of public funds

Comelec division must rule on disqualification cases under 68 mr to be

recognized by comelec en banc and then certiorari with sc

78:
DQs
1. Material representation in COC which is false in which case coc shall
be cancelled or denied due course
78: proceedings must be initiated before election

Sec 253 – quo warranto petition to contest eligibility og members of

batasan pambansa, regional, provincial, or city officer on the ground of
ineligibility or disloyalty to the republic shall file within 10 days from
proclamation
RA9369 no more offense of premature campaigning, candidates can no
longer commit election offense prior campaign period, acts or omission of a
candidate shall take effect only upon the start of campaign period.

Sara duterte’s act of giving away tshirt which says sara2022 is not
punishable since it is made outside campaign period

Substitution

Is substitution takes place, only a person belonging to and certified by the

same political party may replace, the candidate who died. COC shall be
filed not later than midday of the day of the election.
If substitution occurs between the day before election and midday of the
day of election, coc may be filed with any board of election inspectors IN
the political subdivision where he is a candidate or in the case of candidate
TO BE VOTED FOR BY ENTIRE ELECTORATE OF THE COUNTRY,
WITH THE COMMISSION.

XIII. Local Governments

XIV. National Economy and Patrimony
XV. Social Justice and Human Rights
XVI. Education, Science, Technology, Arts, Culture, and Sports
XVII. Public International Law
XVIII. Relevant Laws and Treaties