ELECTION LAW REVIEWER 5.

The COMELEC en banc has the power to

ELECTION PERIOD:
Unless otherwise fixed by the Commission in special
cases, the election period shall commence ninety days
before the day of election and shall end thirty days
thereafter (Sec. 9, Art. IX-C, 1987 Constitution)
CAMPAIGN PERIOD: shall not include the day before
and the day of the election (Sec. 3, BP 881)
-Presidential and Vice Presidential Election – 90 days
prosecute election cases, and in the exercise of
such prosecutor power, it conducts preliminary
investigation, decides whether or not there
exists a probable cause and files the
corresponding information in court.
Powers and Functions:
1. Enforcement and Administration of Election
Laws and Regulations
2. Power to ensure free, honest, orderly credible
and peaceful elections

-Election of Members of Congress and Local Election – 3. Rule-making power

45 days
4. Quasi-legislative functions
-Barangay Election – 15 days
5. Quasi-judicial power
-Special Election [under Art. VIII, Sec. 5, Subsection (2)
6. Contempt and subpoena
of Constitution] – 45 days
7. Auxiliary writs and processes

8. Specific powers
THE COMMISSION ON ELECTIONS
a. Power to declare failure of elections
Jurisdiction
 Two conditions must concur
General Rule: The COMELEC sitting en banc does not
before the COMELEC can act on
have the requisite authority to hear and decide election
a petition seeking to declare a
cases in the first instance. This power pertains to the
failure of elections:
divisions of the Commission. Any decision by the
Commission en banc as regards election cases decided i. No voting took place in
by it in the first instance is null and void. (Abad v. the precinct/s on the
COMELEC) date fixed by law, or
even if there was
Exceptions:
voting, the election
1. When what is involved in the case is purely resulted in failure to
administrative and not quasi-judicial in nature elect

2. When the required number of votes to reach a ii. The votes not cast
decision, resolution, order, or ruling is not would have affected
obtained in the division the result of the
elections
3. Where the petitioner invoked the jurisdiction of
the COMELEC en banc, participated in its b. Power to call for special elections
proceedings and sought relief therefrom in
 In fixing the date for special
which instance he is estopped to subsequently
elections, the COMELEC should
question the jurisdiction of the COMELEC en
see to it that:
banc
i. It should not be later
4. Petitions for the postponement, declaration of
than 30 days after the
failure of election and the calling of special
cessation of the cause
elections
 of the postponement or
suspension of the
election or failure to
elect
ii. It should be reasonably
close to the date of the
election not held,
suspended, or which
resulted in the failure
to elect
c. Power to postpone elections
d. Power to correct manifest errors in
election documents
 With the introduction of the
PCOS System pursuant to RA
9369, every copy should be as
good and as clear as the first
one. Hence the problem of
manifest errors might be a
thing in the past.
e. Power to reorder canvass of votes
f. Power to annul or suspend
proclamation of elected candidates
g. Power to annul an illegal canvass
h. Power to transfer polling places
i. Power to transfer venue of canvassing
of votes
j. Power to order opening of ballot boxes
k. Power to conduct initiative and
plebiscite
9. Other specific powers
a. Deputization of peace officers
b. Investigatory and prosecutorial power
c. Deputization of or endorsement to
prosecutors
10. Power of exclusive control and supervision over
the Automated Election System (Sec. 26, RA
8436)
Standby power of COMELEC: If it shall no longer be
reasonably possible to observe the periods and dates
prescribed by law for certain pre-election acts, the
Commission shall fix other periods and dates in order to
ensure the accomplishment of the activities so voters
shall not be deprived of their suffrage. (Sec. 28, RA
8436; Sec. 29, RA 6646, adopted pursuant to Sec. 9, Art.
IX-C of 1987 Constitution)
*This standby power, however, does not apply to fixing
the date of registration of votes because Sec. 8 of RA
8189, which provides for a continuing registration of
voters, specifically states that: “No registration shall,
however, be conducted during the period starting 120
days before a regular election and 90 days before a
special election.”
Powers NOT granted to the COMELEC:
1. Power to decide questions involving the right to
vote
2. Power to include and exclude voters
 Currently, jurisdiction to decide
controversies on inclusion or exclusion
of voters belongs to the Municipal Trial
Court
VOTERS AND VOTER REGISTRATION
Illiterate or Disabled Voters – may register with the
assistance of the Election Officer or any member of an
accredited citizen’s arms. Application for registration
may be prepared by any relative within the fourth civil
degree of consanguinity or affinity or by the Election
Officer or any member of an accredited citizen’s arms
using the data supplied by the applicant. (Sec. 14, RA
8189)
*An illiterate or disabled person refers to one who
cannot by himself prepare an application for
registration because of his physical disability and/or
inability to read and write. (Sec. 3, RA 8189)
*No voter shall be allowed to vote as illiterate or person
with disability unless such fact is indicated in the EDCL
or the Voter’s Registration Record (Sec. 30, COMELEC
Instructions to the BEI, Dec. 29, 2009)
Election Registration Board – there shall be in each city
and municipality as many Election Registration Boards
as there are election officers therein. No member of the
Board shall be related to each other or to any
incumbent city or municipal elective official within the
fourth civil degree of consanguinity or affinity. (Sec. 15,
RA 8189)
Composition of the Election Registration Board
a. Election Officer – Chairman
b. Members:
a. Public school official most senior in rank
b. Local civil registrar
i. In the absence of the local civil
registrar, the city or municipal
treasurer
CANDIDATES
Qualifications
President and Vice President:
1. Natural-born citizen
2. Registered voter
3. Able to read and write
4. At least 40 years old on the day of the election
5. Resident of the Philippines for at least 10 years
immediately preceding the day of the election
Senators:
1. Natural-born citizen
2. At least 35 years old on the day of the election
3. Able to read and write
4. Registered voter
5. Resident of the Philippines for not less than 2
years immediately preceding the day of the
election
District Representatives:
1. Natural-born citizen
2. At least 25 years old on the day of the election
3. Able to read and write
4. Registered voter in the district in which he shall
be elected
5. Resident of the same district for a period of not
less than 1 year immediately preceding the day
of election
Sectoral Representatives:
1. Natural-born citizen
2. At least 25 years old on the day of election
3. Able to read and write
4. Resident for a period not less than one year
immediately preceding the day of the election
5. Bona fide member of the sector he seeks to
represent
Governor, Vice-governor, Mayor, Vice-mayor, Punong
barangay, Sanggunian members:
1. Citizen of the Philippines
2. Registered voter in the barangay, municipality,
city, or province, or in the case of the member
of the sangguniang panlalawigan, panlungsod,
or bayan, the district where he intends to be
elected
3. Resident therein for at least 1 year immediately
preceding the election
4. Able to read and write Filipino or any other
local language or dialect
5. On election day, age must at least be:
a. 23 years old – governor, vice governor,
member of the sangguniang
panlalawigan, mayor, vice mayor, or
member of the sangguniang
panlungsod
b. 21 years old – mayor or vice mayor of
ICC, CC, or municipalities
c. 18 years old – member of the
sangguniang panlungsod or
sangguniang bayan, or punong
barangay, or member of the
sangguniang barangay
*Qualifications prescribed by law are continuing
requirements and must be possessed for the duration
of the officer’s active tenure. Once any of the required
qualification is lost, his title to the office may be
seasonably challenged
*The law does not specify any particular date or time
when the candidate must possess citizenship unlike that
for residence and age. It must be possessed upon
proclamation or on the day that the term begins.
Disqualifications
Under the Omnibus Election Code
1. Declared as incompetent or insane by
competent authority
2. Convicted by final judgment for subversion,
insurrection, rebellion or any offense for which
he has been sentenced to a penalty of 18
months imprisonment
3. Convicted by final judgment for a crime
involving moral turpitude
4. Any person who is a permanent resident or
immigrant to a foreign country
Under the Local Government Code (Sec. 40) –
applicable for local elective officials
1. Those sentenced by final judgment for an
offense involving moral turpitude for an offense
punishable by one year or more of
imprisonment, within two years after serving
sentence
2. Those removed from office as a result of an
administrative case
3. Those convicted by final judgment for violation
the oath of allegiance to the Republic
4. Those with dual citizenship
5. Fugitives from justice in criminal or non-political
cases here or abroad
6. Permanent residents in a foreign country or
those who have acquired the right to reside
abroad and continue to avail of the same right
after the effectivity of this Code
7. The insane or feeble-minded
Additional Grounds for Disqualification (Sec. 68, BP
881)
1. One who has violated provisions on:
a. Campaign period
b. Removal, destruction of lawful election
propaganda
c. Prohibited forms of propaganda
d. Regulation of propaganda through mass
media
2. One who has given money or other material
consideration to influence voters
3. One who committed acts of terrorism
4. One who spent election campaign in excess
allowed by law
Automatic Resignation
Officials holding appointive offices, including active
members of AFP and officers of government-owned or
controlled corporations shall be considered ipso facto
resigned. (Sec. 66, BP 881)
Nuisance Candidates
COMELEC may motu propio or upon petition of an
interested party, refuse to give due course to or cancel
a certificate of candidacy if shown that said certificate
was filed:
a. To put the election process in mockery or
disrepute
b. To cause confusion among voters by similarity
of names of registered candidates
c. By other circumstances or acts which
demonstrate that a candidate has no bona fide
intention to run for the office for which his
certificate of candidacy has been filed and thus
prevent a faithful determination of the true will
of the electorate
Petition to deny due course or to cancel certificate of
candidacy
 The COMELEC, upon proper petition, may
cancel a certificate of candidacy on the ground
that any material misrepresentation contained
therein as required under Sec. 74 of the OEC is
false (Sec. 78, OEC) provided that:
a. The false representation pertains to
material matter affecting substantive
rights of a candidate
b. The false representation must consist of
deliberate attempt to mislead,
misinform, or hide a fact which would
otherwise render a candidate ineligible
 The petition may be filed not later than 25 days
from the time of filing of the certificate of
candidacy and shall be decided after due notice
and hearing not later than 15 days before the
election (Sec. 78, BP 881)
 Jurisdiction over a petition to cancel a
certificate of candidacy lies with the COMELEC
in division, not with the COMELEC en banc
Effect of Disqualification case
Any candidate who has been declared by final judgment
to be disqualified shall not be voted for, and the votes
cast for him shall not be counted. If for any reason a
candidate is not declared by final judgment before an
election to be disqualified and he is voted for and
received the winning number of votes in such election,
the Court or Commission shall continue with the trial
and hearing of the action, inquiry, or protest, and upon
motion of the complainant or any intervenor, may
during the pendency thereof order the suspension of
the proclamation of such candidate whenever the
evidence of his guilt is strong. (Sec. 5 RA 6646)
CAMPAIGN, ELECTION PROPAGANDA,
CONTRIBUTIONS AND EXPENDITURES
Election Campaign or Partisan Political Activity
Refers to an act designed to promote the election or
defeat of a particular candidate/s to a public office (Sec.
79, OEC)
Prohibition against premature campaigning
Partisan political parties are prohibited outside the
campaign period (Sec. 80, OEC). However the following
political activities are permitted outside the campaign
period:
1. Those performed for the purpose of enhancing
the chances of aspirants for nomination for
candidacy to a public office by a political party,
aggroupment, or coalition of parties
2. Public expressions or opinions or discussions of
probably issues in forthcoming election or on
attributes of or criticisms against probable
candidates purposed to be nominated in a
forthcoming political party convention
Fair Elections Act
Lawful Election Propaganda
1. Written/printed materials (does not exceed 8 ½
in. width by 14in length)
2. Handwritten/printed letters
3. Posters (not exceeding 2x3ft) however, 3x8ft
streamers are allowed in announcing a public
meeting or rally at the site and on the occasion
of a public meeting or rally may be displayed 5
days before the date of rally but shall be
removed within 24 hours after said rally
4. Print ads
5. ¼ page in broadsheets and ½ page in tabloids
thrice a week per newspaper, magazine, or
other publication during the campaign period
6. Broadcast media (TV/radio)
a. National positions: 120mins for TV and
180mins for radio
b. Local positions: 60mins for TV and
90mins for radio
Prohibited forms of Election Propaganda (Sec. 85, OEC)
1. To print, publish, or post or distribute any
poster, pamphlet, circular, handbill, or printed
matter urging voters to vote for or against any
candidate unless they bear the names and
addresses of the printer and payor as required
in Sec. 84 hereof.
2. To erect, put up, make use of, attach, float or
display any billboard, tinplate-poster, balloons
and the like, of whatever size, shape, form or
kind, advertising for or against any candidate or
political party
3. To purchase, manufacture, request, distribute
or accept electoral propaganda gadgets such as
pens, lighters, fans of whatever nature,
flashlights, athletic goods or materials, wallets,
shirts, hats, bandanas, matches, cigarettes and
the like, except that campaign supporters
accompanying a candidate shall be allowed to
wear hats and/or shirts advertising a candidate
4. To show or display publicly any advertisement
or propaganda for or against any candidate by
means of cinematography, audio-visual units or
other screen projections except telecasts which
may be allowed as hereinafter provided
5. For any radio broadcasting or television station
to sell or give free of charge air time for
campaign and other political purposes except as
authorized in this Code under the rules and
regulations promulgated by the Commission
pursuant thereto
Any prohibited election propaganda gadget or
advertisement shall be stopped, confiscated or torn
down by the representative of the Commission upon
specific authority of the Commission. (Section 39, 1978
EC, modified)
Election Survey
The Supreme Court held that Sec. 5.4 of the Fair
Elections Act prohibiting publication of survey results 15
days immediately preceding a national election and 7
days before a local election violates the constitutional
rights of speech, expression, and the press because:
 It imposes a prior restraint on the freedom of
expression
 It is a direct and total suppression of a category
of expression even though such suppression is
only for a limited period
 The governmental interest sought to be
promoted can be achieved by means other than
the suppression of freedom of expression (SWS
v. COMELEC)
COMELEC Space
The COMELEC shall procure the print space upon
payment of just compensation from at least 3 national
newspapers of general circulation wherein candidates
for national office can announce their candidacies. Such
space shall be allocated free of charge equally and
impartially among all the candidates for national office
on 3 different calendar days; the first day within the
first week of the campaign period; the second day
within the fifth week of the campaign period; the third
day within the tenth week of the campaign period (Sec.
7.1, RA 9006)
COMELEC Time
The COMELEC shall also procure free airtime from at
least 3 national television networks and 3 national radio
networks which shall also be allocated free of charge
equally and impartially among all candidates for
national office. Such free time shall be allocated on 3
different calendar days; the first day within the first
week of the campaign period; the second day within the
fifth week of the campaign period; and the third day
within the tenth week of the campaign period. (Sec. 7.2,
RA 9006)
Right to Reply
All registered parties and bona fide candidates shall
have the right to reply to charges published against
them. The reply shall be given publicity by the
newspaper, TV/radio station which first printed or aired
the charges with the same prominence or in the same
page or section or in the same time slot as the first
statement. (Sec. 10, RA 9006)
Equal Access to Media Time and Space (Sec. 6, OEC)
 Print advertisements shall not exceed ¼ page in
broadsheet and ½ page in tabloids thrice a week
per newspaper, magazine, or other publications
during the campaign period
 Not more than 120mins of TV ad and 180mins
of radio ad whether by purchase or donation
 Not more than 60mins of TV ad and 90mins of
radio ad whether by purchase or donation
Exit Polls
Exit polls may only be taken subject to the following
requirements:
1. Pollsters shall not conduct their surveys within
50 meters from the polling place, whether said
survey is taken in a home, dwelling place, and
other place
2. Pollsters shall wear distinctive clothing
3. Pollsters shall inform the voters that they may
refuse to answer
4. The result of the exit polls may be announced
after the closing of the polls on election day and
must clearly identify the total number of
respondents, and the places where they were
taken. Said announcement shall state that the
same is unofficial and does not represent a
trend.
Exit polls and the dissemination of their results through
mass media constitutes part of the freedom of speech
and of the press. Hence the COMELEC cannot ban them
totally in the guise of promoting clean, honest, orderly,
and credible elections.
Contribution
-includes a gift, donation, subscription, loan, advance,
or deposit of money or anything of value, or a contract,
promise or agreement to contribute, whether or not
legally enforceable, made for the purpose of influencing
the results of the elections but shall not include services
rendered without compensation by individuals
volunteering a portion or all of their time in behalf of a
candidate or political party. It shall also include the use
of facilities voluntarily donated by other persons, the
money value of which can be assessed based on the
rates prevailing in the area. (Sec. 94, OEC)
Prohibited contributions:
1. Contribution for purposes of partisan political
activity shall be made directly or indirectly by
any of the following:
a. Public or private financial institutions;
except loan made by financial
institutions legally in the business of
lending money and in accordance with
laws and regulations and in the ordinary
course of business
b. Natural and juridical persons operating
a public utility or in possession of or
exploiting the natural resources of the
nation
c. Natural and juridical persons who hold
contracts or sub-contracts to supply the
government or any of its divisions,
subdivisions or instrumentalities, with
goods or services or to perform
construction or other works
d. Natural and juridical persons who have
been granted franchises, incentives,
exemptions, allocations, or similar
privileges or concessions by the
government or any of its divisions,
subdivisions or instrumentalities,
including GOCCs
e. Natural and juridical persons who,
within one year prior to the date of the
election, have been granted loans or
other accommodations in excess of
100,000php by the government or any
of its divisions, subdivisions,
instrumentalities including GOCCs
f. Educational institutions which have
received grants of public funds
amounting to no less than 100,000php
g. Officials or employees in the Civil
Service or members of the AFP
h. Foreigners and foreign corporations
2. It shall be unlawful for any person to solicit or
receive any contribution from any of the
persons or entities enumerated herein (Sec. 95,
OEC)
 3. It shall be unlawful for any person, including a
political party or public or private entity to
solicit or receive, directly or indirectly, any aid
or contribution of whatever form or nature
from any foreign national, government or entity
for the purposes of influencing the results of
the election. (Sec. 96, OEC)
4. It shall be unlawful for any person to hold
dances, lotteries, cockfights, games, boxing
bouts, bingo, beauty contests, entertainments,
or cinematographic, theatrical or other
performances for the purpose of raising funds
for an election campaign or for the support of
any candidate from the commencement of the
election period up to and including election day;
or for any person or organization whether civic
or religious, directly or indirectly, to solicit
and/or accept from any candidate for public
office, or from his campaign manager, agent, or
representative, or any person acting on their
behalf, any gift, food, transportation,
contribution, or donation in cash or in kind from
the commencement of the election period up to
and including election day; except normal and
customary religious stipends, tithes, or
collections on Sundays and/or other designated
collection days, are excluded from this
prohibition (Sec. 97, OEC)
Expenditure
-includes the payment or delivery of money of anything
of value, or a contract, promise or agreement to make
an expenditure, for the purpose of influencing the
results of the election. It shall also include the use of
facilities personally owned by the candidate, the money
value of the use of which can be assessed based on the
rates prevailing in the area. (Sec. 94, BP 881)
Limitations on expenses (Sec. 13, Synchronized
Elections and for Electoral Reforms – RA 7166)
1. Candidates: 10php for Pres. And VP; 3php for
other candidates for every voter currently
registered in the constituency where he filed his
certificate of candidacy; 5php for candidate
without any political party or support from any
political party
2. Political parties: 5php for every voter currently
registered in the constituency/ies where it has
official candidates
Statement of Contributions and Expenses (Sec. 14, RA
7166)
Every candidate and treasurer of the political party shall
within 30 days after the day of election file in duplicate
with the offices of the Commission the full, true and
itemized statement of all contributions and
expenditures in connection with the election
Effect of Failure to File
1. Prohibited from entering upon the duties of his
office
2. Administrative fines
AUTOMATED ELECTIONS ACT (RA 9369)
 Automated election system (AES) – a system
using appropriate technology which has been
demonstrated in the voting, counting,
consolidating, canvassing, and transmission of
election result and other electoral process (Sec.
2)
 Electronic transmission – conveying data in
electronic form from one location to other
 Paper-based election system – a type of
automated election system that use paper
ballots, records and counts votes, tabulates,
consolidates/canvasses and transmits
electronically the results of the vote count
 Direct recording electronic election system – a
type of AES that uses electronic ballots, records,
votes by means of a ballot display provided with
mechanical or electro-optical component that
can be activated by the voter, processes data by
means of a computer programs, record voting
data and ballot images and transmits voting
results electronically (Sec. 2)
 Continuity plan – a list of contingency measures
and the policies for activation of such, that are
put in place to ensure continuous operation of
the AES (Sec. 2)
The Advisory Council (Sec. 8)
 8 members who must be registered Filipino
voters of known independence, competence
and probity
o A person who is affiliated with any
political party or candidate for any
national position or is related to a
candidate for any national position by
affinity or consanguinity within the
fourth civil degree shall not be eligible
for appointment or designation to the
Advisory Council. Should any such
situation arise at any time during the
incumbency of a member, the
designation or appointment of that
member shall be terminated ipso facto.
Joint Congressional Oversight Committee (Sec. 33)
 Composed of 7 members each from the Senate
and the House of Representatives
o 4 shall come from majority; 3 from
minority
 To monitor and evaluate the implementation of
this Act
Electoral Sabotage
Any person or member of the BEI or board of
canvassers who tampers, increases or decreases the
votes received by candidate/s in any election or any
member of the board who refuses after proper
verification and hearing to credit the correct votes or
deduct such tampered votes; Provided however that
when the tampering, increase/decrease of votes or the
refusal to credit the correct votes and/or deduct
tampered votes are perpetrated on large scale or in
substantial numbers, the same shall be considered not
as an ordinary election offense under Sec. 261 of OEC
but as a special election offense to be known as
electoral sabotage and the penalty to be imposed shall
be life imprisonment.
The act or offense committed shall fall under the
category of electoral sabotage in any of the following
instances:
1. When the tampering, increase/decrease of
votes perpetrated or the refusal to credit the
correct votes or to deduct tampered votes
is/are committed in the election of a national
elective office which is voted upon nationwide
and the tampering, increase/decrease of votes
or refusal to credit correct votes or deduct
tampered votes, shall adversely affect the
results of the election to the said national office
to the extent that losing candidate/s is/are
made to appear the winners
2. Regardless of the elective office involved, when
the tampering, increase/decrease of votes or
refusal to credit correct votes or deduct
tampered votes, is accomplished in a single
election document or in the transposition of the
figure/results from one election document to
another and involved in the said tampering,
increase/decrease of votes or refusal to credit
correct votes or deduct tampered votes exceed
5,000 votes and that the same adversely affects
the true results of the election
3. Any and all other forms of tampering
increase/decrease of votes or refusal to credit
correct votes or deduct tampered votes where
the total votes involved exceed 10,000 votes.
Provided finally that any and all other persons or
individuals determined to be in conspiracy or in
connivance with the members of the BEIs or BOCs
involved shall be meted the same penalty of life
imprisonment. (Sec. 27)
Prosecution – The Commission shall, through its duly
authorized legal officers, have the power, concurrent
with other prosecuting arms of the government, to
conduct preliminary investigation of all election
offenses punishable under this Code and prosecute the
same. (Sec. 265)