ARTICLE 0 41

ELECTION OF PRESIDENT AND VICE-PRESIDENT

The first local elections shall be held on a date to be determined

by the President, which may be simultaneous with the election of the
ARTICLE Il Members of the Congress.” Const, Art. XVIII, § I.

ELECTION OF PRESIDENT ANO VICE-PRESIDENT
ent
and Vice-Pre
election for Presid
“Sec. 2. The Senators. Members of the House of Representatives,
and the local officials first elected under this Constitunon shall serve
unti] noon on June 30, 1992.” Const., Art. XVII, § 2.
“Sec. 5. The six-year term of the incumbent President and Vice-
si- President elected in the February 7, 1986 election is. for purposes of
synchronization of elections, hereby extended to noon of June 30, 1992

of May Nineteen hundred eighty seven (1967) and on the The first regular elections for the President and Vice-President
same day every six years thereafter. under this Constitution shall be held on the second Monday of May,
ent
and
Presid -El
the Vice-Pre ect
sident-e lect 1992.” Canst., Art. XVIII, § 5.

cin pesos office at twelve o'clock noon on the Pursuant to these provisions, Congress enacted Republic Act
thirtieth day of June next following the election and No. 7056, An Act Providing for the National and Local Elections in
shall end at noon of the same date, six years thereafter 1992, Paving the Way for Synchronized and Simultaneous Elections
when the term of his successor shall begin. Beginning 1995, and Authorizing Appropriations Therefor.

Sec. 13.1. — Constitutional provisions This statute was declared unconstitutional in Osmevia v. Comeiec,
G.R. No. 100318, July 30, 1991, the Supreme Court holding that:
d by direct
“The President and the Vice-President shall be electe
begin at noon “Contrary to the express mandate of the 1987 Constitution,
vote of the people for a term of six years which shall
on the thamnethdey of June next followthe day of the election and
ing Republic Act No. 7056 provides for two (2) separate elections in 1992
date six years therea fter. The President as follows:
hell cad at noon of the same
shell not be eligible for any reelection. No person who has succeeded “Sec. 2. Start of Synchronization. - To start the process of
ts Premdent and has served as such for more than four years shall be synchronization of elections in accordance with the policy herein-
qualithed for election to the same office at any time. before declared, there shall be held:
“No Vice-Pressdent shall serve for more than two successi¥® (a) An election for President and Vice-President of the
term Voluntary renunciation of the office for any length of time sbal Philippines, twenty four (24) Senators and all elecuve Members
not be consudered as an interruption in the continuity of the service of the House of Representatives on the second Monday of May,
the fail) term for winch he was clected. 1992; and
“Unless otherwise provided by law, the regular election [ (b) An election of all provincial, city and municipal
Posidant end Vice Pecidon slic betl oo oe eccond Monday of elective officials on the second Monday of November, |992."
May ~ Comet,Art VII, § 4. “The purpose of Republic Act No. 7056 is as stated in Section |
thereof under the heading “Statement of Policy”:
Sec. 13.2. — Symchronized elections
“Sec | The first clections of
Members of the Congress under ‘... lo start, as much as practicable, the synchronization
of
Conssal!
tibetu
held ti
on theon
second Monday of May, 1987: the elections so that the process can be completed in the 1995
elections with the result that beginning 1995 there shall be only
“
 LL Le

ELECTION LAWS

ae ARTICLE II
ELECTION OF PRESIDENT
al and local AND VICE-PRESIDENT
one (1) simultaneous regular elections for nation
=

e (3) year s.”

elective officials every thre Sec. 14.1. — Constitutional provisions
1987 Constitution to holy “Sec. 10. The Congress shall, at ten o'clock j 5
“with the clear mandate of the nd
onal and local elections in the Seco
the third day after the vacancy in the offices es =
synchronized (simultaneous) nati Republic President occurs, convene in accordance with its rules withcat n a
le conclusion would be that
Monday of May, 1992, the inevitab
Constitution because it provides fo,
acall and within seven days enact a law calling fora special io °
Act 7056 is clearly violative of the blic elect a President and a Vice-President to be held not earlier than oe e
ed election. Stated differently, Repu
the holding of a desynchroniz five days nor later than sixty days from the time of such call. The tal
Act 7056 particularly Sections 1 and 2 thereof contravenes Article calling such special election shall be deemed certified under paragra h
of the 1987 Cons titu tion .”
XVIII, Sections 2 and 5 2, Section 26, Article VI of this Constitution and shall become law am
its approval on third reading by the Congress. Appropriations for the
Congress then enacted Republic Act
No.7166 providing for
special election shall be charged against any current appropriations
on the second Monday of
synchronized national and local elections twenty-
and shall be exempt from the requirements of paragraph 4, Section 25,
Vice-President,
May, 1992 (May II. 1992), for President, Article VI of this Constitution. The convening of the Congress cannot
House of Representatives,
four Senators, all elective Members of the be suspended nor the special election postponed. No special election
ls, and the elective shall be called if the vacancy occurs within eighteen months before the
all elective provincial, city and municipal officia
uniang Panlungsod date of the next presidential election.” Const, Art. VH, § 10.
members of the Sangguniang Panlalawigan, Sangg
and Sangguniang Bayan.
Sec. 15. Canvass of votes for President and Vice-President by the
provincial or city board of canvassers
Sec. 14. Special election for President and Vice-President
The provincial, city, or district boards of canvassers
in case a vacancy occurs for the Office of the in Metropolitan Manila, as the case may be, shall meet
President and Vice-President, the Batasang Pambansa not later than six o’clock in the evening on election day
at ten o'clock inthe morning of the third
[Congress] shall, to canvass the election returns that may have already
day after the vacancy occurs, convene in accordance been received by them, respectively. It shall meet
with its rules without need of a call and within seven continuously from the day to day until the canvass
days enact a law calling for a special election to elect 4 is completed, but may adjourn only for the purpose
the other elections returns. Each time the
President and a Vice-President to be held not earlier than of awaiting
the votes cast
forty-five days nor later than sixty days from the time of board adjourns, it shall make a total of all
candidate for President and for Vice-Presi dent,
for each
‘such call. The bill calling such special election shall be ated by the signatures and thumbmark
s
duly authentic
raceme certified under paragraph (2), Section 19, Article of the members of the provincial,
city or district board
of the Constitution and shall become law upon its of canvassers,
in Manila by
furnishing the Commission
approval on third reading by the Batasang Pambans2- the fastest means of communication
a copy thereof, and
therein to mass
Appropriations for the special election shall be charged making available the data contained
Upon the completion
ae current appropriations and shall be exempt media and other interested parties.
2 certificate of
te
Article Val ment s of paragraph (4), Section 16 of of the canvass, the board shall prepare
by each candidate
of the Constitution. The convening of the canvass showing the votes
received
and for Vice-President,
Batasang Pambans
Special election
a cannot
postpone d be suspended .nor the for the office of the President
signatures and thumbmarks
v. . No special election shall duly authenticated by the
be called if the of an members of the provincial,
city or district board

03 nr a i Conenenta alaclon
of 087. ee
betore acancy occurs within seventy (70) day® the completio n of the certificate
the date of of canvassers. Upon
 EEBCTION LAWS
ARTICLE I 45
shall certify and transmit the ELECTION OF PRESIDENT AND VICE-PRESIDENT

of canvass, the board [now Senate

to the Speaker Sec. 16.1. — Constitutional provisions
Pambansa [now Congress].
pulaeaten omens boards of
The returns of every clection for President and Vice-President,
city and district
jal, duly certified by the board of canvassers of each province or city, shall
canvass for
sei prope re the certificate of be transmitted to the Congress, directed to the President of the Senate.
supported
permcts tan d Vice-President, Upon receipt of the certificates of canvass, the President of the Senate
oan . aw polling place, in quintuplicate
shall, not later than thirty days after the day of the election, open all the
rs or such other means as certificates in the presence of the Senate and the House of Representatives
0 eel penecribe to the end that all five in joint public session, and the Congress, upon determination of the
copies ibly produced in one handwriting. authenticity and due execution thereof in the manner provided by law,
bear
m e
copie of s
sa the cert ificate of canvass must canvass the votes. Const., Art. VII, § 4.
2 thum bmarks of all the memb ers of
~ signa tures
is Uponandthe completion of these certificates
Sec. 17. Correction of errors in certificates and supporting state-
statements, they shall be enclosed in an envelope ment already transmitted to the Speaker [Senate President]
sestabed by the ” Commission and sealed, and
No correction of errors allegedly committed in the
the original copy
immediately distributed as follows: certificate of canvass and supporting statement already
ed
shall be enclosed and sealed in the envelope direct transmitted to the Speaker of the Batasang Pambansa
to the Speaker [now Senate Preside nt] and deliver ed shall be allowed, subject to the provisions of the
to him at the Batasa ng Pamban sa [now Congre ss] by succeeding section. (B.P. Big. 125)
the fastest possible means, and the second copy shall
likewise be enclosed and sealed in the envelope directed Sec. 18. Preservation of ballot boxes, their keys, and disposition
to the Commission; the third copy shall be retained by of their contents
the provincial elections supervisor, in the case of the Until after the completion by the Batasang
provincial board of canvassers, and by the city election Pambansa of the canvassing of the votes and until an
registrar, in the case of the city board of canvassers; uncontested proclamation of the President-elect and
and one copy each to the authorized representatives of Vice-President-elect shall have been obtained, the
the ruling party and the dominant opposition political provincial, city or district board of canvassers under the
party. Failure to comply with the requirements of this joint responsibility with the provincial, city or municipal
section shall constitute an election offense. (Sec. 5, Art. treasurers shall provide for the safekeeping and storage
Vili, Const.) of the ballot boxes in a safe and closed chamber
secured by four padlocks; one to be provided by the
Sec. 16. Counting of votes for President and Vice-President by thé corresponding board chairman; one by the provincial
or city treasurer concerned; and one each by the ruling
Batasang Pambansa {Congress] Party and the accredited dominant opposition political
= certificates of canvass, duly certified by the party. (B.P Big. 125)
board of canvassers of each province, city or district in Sec. 19. When certificate of canvass is incomplete or bears
dts ola shall be transmitted to the Speaker €rasures or alteration
thirty ‘’ambansa, who shall, not later than
When the certificate of canvass, duly certified by
Stent Gane, the day of the election, convene the the board of canvassers of each province, city or district
open all the ans? in session and in his presence In Metropolitan Manila and transmitted to the Speaker
then be counte of canvass, and the
d, (Sec. 6, Art. Vil votes shall [now Senate President] of the Batasang Pambansa
l, Const.
te ) a
 ELECTION LAWS
ARTICLE Il 47
ELECTION OF PRESIDENT AND VICE-PRESIDENT
" appea rs
provi. ded inithe Cons’ titution,
aker [Senate President] shall
congress]. aa the Senate President shall require the board of canvassers concemed to
rd 50 concemed to transmit transmit by personal delivery, the election returns from polling places
require the a personal delivery, the election retur
wee ns that were not included in the certificate of canvass and supporting
in the
not included
oe i places that were statements. Said election returns shall be submitted by personal delivery
ements. Said
from pes re canvass and supporting stat within two (2) days from receipt of notice.
by pers onal delivery
returns shall be submitted within two days When it appears that any certificate of canvass or supporting
dent]
to the Speaker [now Senate Presi statement of votes by precinct bears erasures or alterations which may
from receipt of notic e.
cast doubt as to the veracity of the number of votes stated therein and
certificate oO f canvass or may affect the result of the election, upon request of the Presidential
When it appears that any bears
votes by polling place or Vice-Presidential candidate concerned or his party, Congress shall,
supporting statement of as to the
may cast doubt for the sole purpose of verifying the actual number of votes cast for
erasures or alterations which there in and may
stated President and Vice-President, count the votes as they appear in the
veracity of the number of votes
the Batasang Pambansa
affect the result of the election, Presidential copies of the election returns submitted to it. R.A. No. 7166, § 30.
upon request of the Presidential or Vice- sole
or his party shall, for the Sec. 20. Proclamation of the President-elect and Vice-President-
candidate concerned
votes cast
purpose of verifying the actual number of elect
count the votes as
for President or Vice-President Upon the completion of the canvass of the votes
in the copie s of the elect ion retur ns for
they appear by the Batasang Pambansa [Congress], the persons
the Spea ker [now
the Commission. For this purpose, obtaining the highest number of votes for President and
dent] shall requi re the Comm issi on to
Senate Presi for Vice-President shall be declared elected; but in case
sang
deliver its copies of the election returns to the Bata two or more shall have an equal, and the highest number
Pambansa. (B.P. Big. 125) of votes, one of them shall be chosen President or Vice-
President as the case may be by a [Congress] majority
Sec. 19.1. — Amending statutes vote of all the Members of the Batasang Pambansa
[Congress] in session assembled.
Sec. 30. Congress as the National Board of Canvassers for the
Authenticity In case there are certificates of canvass which have
Election of President and Vice-President; Determination of
not been submitted to the Speaker [Senate President]
and Due Execution of Certificates of Canvass. — Congress shill of the Batasang Pambansa [Congress] on account of
determine the authenticity and due execution
of the certificat es
of canvas* missing election returns, a proclamation may be made if
for President and Vice-President as accomplished and transmitted to ! the missing certificates will not affect the results of the
by the local boards of canvassers, on a showing that: (1) each certifical® election.
of canvass was executed, signed and thumbmarked by the chairma? In case the certificates of canvass which were not
and members of the board of canvassers and transmitted or caused 10, submitted on account of missing election returns will
transmitted to Congress by them; (2) each certificate of canvass con! affect the results of the election, no proclamation shall be
the names of all of the candidates for President and Vice-President ® made. The Speaker [Senate President] shall immediately
their corresponding votes in words and in figures; and (3) there exis instruct the boards of canvassers concerned to obtain
- discrepancy in other authentic copies of the certificate of canvass the missing election returns from the boards of election
inspectors or, if the returns have been lost or destroyed
_oane votes of any candidate in words and figures i upon prior authority from the Commission, to use any
authentic copy of said election returns for the purpose
When the certificate of canvass, di i ard ° f of conducting the canvass, and thereafter issue the
Canvassers of each province, ci ty or district,
nly appears
centile tobybe Bee
incomple™
48 ELECTION LAWS
ao
ARTICLE ll
VICE-PRESIDENT
certificates of canvass. The certificates of ca ELECTION OF PRESIDENT AND
er nvagy
shall be immediately transmitted to the Speak[Con the protestant had effectively
Pambansa In assuming the office of senator,
President] of the Batasang n her prote st, or at the very least, abandoned her
Proclamation shall be made only upon submi ssion on! abandoned or withdraw
determination to protect and purs
ue the public interest involved
in the
ng certifj of al
certificates of canvass or when the missi ce of the elect orate and such aban donm ent
matter of who is the real choi the
of canvass will not affect the results of the election, or withdrawal operated to
render moot the prote st. More over ,
publi c inter est, as it woul d dissi pate
dismissal of the protest would serve al election,
Sec. 20.1. — Constitutional provisions of unce rtai nty as to the results of the 1992 presidenti
the aura
crucial political stability of the nation
thereby enhancing the all-too uary
The person having the highest number of vo tes shall be :
peri od of natio nal recov ery. P.E.T. Case No. 001. Febr
during this SCRA $5 (1996 ).
elected, but in case two or more shall have an equal and highest 13,1996. Santiago v. Ramos,
253
- votes, one of them shall forthwith be chosen by the vote of ' ae
of all the Members of both Houses of the Congress, votingmt ly.
Sec. 20.4. — Comment
one of
s, 253 SCRA 55 (1996), is
' of te The case of Santiago v. Ramo s
: “The Congress shall promulgate iits its rules for the canvassing our forthcoming book “Fam ous Case
certificates.” Const, Art. VIII, § ’ the cases we shall discuss in
Make Bad Law.”
Puno in his dissenting opinion,
Sec. 20.2. — Presidential Electoral Tribunal As pointed out by Justice Reynato senator
her protest when she ran for
“Thi ¢ Supreme Court, sitting
itti en banc, shall be the sole Judge of the protestant did not abandon “Ab and onm ent in law means
of her office.
and discharged the duties the inten tion
all contests relatin g to the election,
: . : right, title, claim. . . with
‘voluntary relinquishment of all
: return
President or Vice-President, and may — qual ifications of the whet her in elect ion,
ning abandonment,
promulgate its rules for the of not reclaiming it." In ascertai first and para moun t
purpose.” Const, Art. VIII, § 4. property, or criminal litigations,
‘inte ntion is the
t to
no abandonment with out the inten
Republic Act No, 1793
B. effective June 21, 1957, before the object of inquiry for there can be infer red from the acts and
and can be
1987 Constitution was ado abandon.” Intention is subjective
oe for a Presidential Elector! of a pers on. It is a ques tion of fact.”
Tribunal composed of the conduct
dence 0 the Supreme Court, to hear and g on abandonment is inconsistent
decide protests contes Furthermore, “the majority rulin the
ection of the President-elect and Vice contest is concerned less with
President-elect, with the doctrine that an election publ ic inter est. Unde r a
but more with
private interest of the candidates an elec tion
the overarching object of
republican regime of government,
Sec. 20,3, — Ilustr
ative case
enfo rce the judgment of the people on who
contest is to seek and rred
t “has consistently demu
20, the protestantth filed a protest agains! should govern them.” The Supreme Cour
Fidel V. Ramos, ng election contests even on the ground of death of the
elections, She one th from dismissi
May 8, 1995 ee protestee or the protestant.”
then got: -She 4 knew
certificate of waailidery ao
thatthe te ar eet oe ™ ‘ Justice Vitug said: that “abandonment
is personal, and it must be
F elected would be sj rm of office of the senalo® the pers charged with it.”
on
manifested in unequivocal terms by
idates to sit out and wait
_rile of of candidacy
¢ Justice Kapunan stated “expecting cand lved is unrealistic, and
for the Sensl prote st is reso
during the entire period in which a
en in this country to limbo.”
consigns our most promising men and wom
. resery, i
®KUME the of eet With th ation. In. so.doing. s
4 « oltice of senator, en that if elected, sb¢
F the term for shen fa lnetiane and servé
was elected.
 ARTICLE II 51
ELECTION OF MEMBERS OF THE BATASANG PAMBANSA (CONGRESS)

“The first elections of Members of the Congress under this

Constitution shall be held on the second Monday of May, 1987.” Const.
Art. XVUI, § I.
ARTICLE Ill
“The Senators, Members of the House of Representatives, and the
BATASANG
ELECTION OF MEMBERS OF THE ] local officials first elected under this Constitution shall serve until noon
PAMBANSA [CO NGR ESS on June 30, 1992.
Of the Senators elected in the election in 1992, the first twelve
Pambansa obtaining the highest number of votes shall serve for six years and the
Sec. 21. Regular election of Members of the Batasang remaining twelve for three years.” Const., Art. XVII, § 2.
[Congress]
(Repealed by Constitution, Art. VI, §§ 4, 7, and 8; Sec, 21.2. — Related Executive Order
Const,
Art. XVIII, §§ 1 and 2) Executive Order No. 134, § 3, was the enabling law that provided
for the election of members of Congress on May 11, 1987.
Sec. 21.1.— Constitutional provisions
OEC, § 23 may be deemed repealed by the following provisions Sec. 21.3. — Electoral tribunals
of the Constitution: The Constitution provides that the electoral tribunal shall be
the sole judge of all contests relating to the elections, returns and
“The term of office of the Senators shall be six years and shall
commence, unless otherwise provided by law, at noon on the thirtieth qualifications of members of Congress. Const., Art. V1, § 17.
day of June next following their election. The Supreme Court has jurisdiction over a petition for certiorari
by a congressman questioning the jurisdiction of the House of
No Senator shall serve for more than two consecutive terms.
Representatives Electoral Tribunal (HRET) over his person on the
oe renunciation of the office for any length of time shall not be
ground that service upon him of the summons in an electoral protest by
. 48 an interruption in the continuity of his service for the substituted service was illegal. While the Constitution provides that the
term for which
full
he was elected.” Const., Art. VI, § HRET shall be the sole judge of all contests relating to the elections,
4.
_ mare of the House of Representatives shall be retums and qualifications of members of Congress, this does not bar
oo elected
—_ which shall begin, unless otherwise provided the Supreme Court from entertaining petitions where the threshold of
eth day of June next following their election. legitimate review is breached. Indeed, it is well-settled that judicial
guidance is appropriate where jurisdictional issues are involved or
No Member
than three aaa ria of Representatives shall serve for more charges of grave abuse of discretion are presented in order that the
any length of time shall not Voluntary renunciation of the office for Supreme Court may vindicate established claims of denial of due process
Or correct veritable abuses of discretion so grave or glaring that no less
continuity of his service raat considered as an interruption in the than the Constitution itself calls for remedial action. That the Supreme
Art VI, § 7, full term for which he was elected.” Court may very well inquire into jurisdictional issues concerning the
HRET may be inferred from Sec. 1, Art. VIII, of the Constitution which
Senators and the Memberspro ae law, the regular election of the
“Unless otherwise .
has expanded judicial power to include the determination of “whether
held on We Second Monday of May.Hi ca, : ' oe shall be or not there has been a grave abuse of discretion amounting to lack or
€xcess of jurisdiction on the part of any branch or instrumentality of the
Government.”
»
 FLECTION LAWS ARTICLE HT 34
NSA (CONGRESS)
ELECTION OF MEMBERS OF THE BATASANG PAMBA
cognizan
on ce of certiorg,;
5 rt had takken
the Su reme Cou
iously,
ocedure of theRAHR353 ET, me instan Sec, 23.1. — Constitutional provisions
oo s : the malet of» pr ET , 312 SC (1999) involve ions
proceeding W hes Gar cia HR OEC, § 23 may be deemed repealed by the following provis
case, were involved, Gare! s additimsi on to fi ling fees under Rule 39
tof cash deposit in of the Constitution:
i
Loyola . HRET, 229 SC RA 90 (1994) wo
ofthe 1998 HRET Rules. In al denia‘ l un der Rule :27 of the Revisi ed
s
“Sec, |, The legislative power shall be vested in the Congres
import of a gener 7 of
i gh ditt of the Philippines which shall consist ofa Senate and a House
of Representatives Electoral Of the H I A E Y to se the
) affirmed the power
ofthe Hon e Representatives, except to the extent reserved to the people by
Soon
SCRA
aioe ; 168escri perio(1988
ptive 391 ds for filing election protests. We exp ored in provision on initiative and referendum.” Const, Art. VI,
§ I.
.some » HRET, 316 SCRA 464 (1995) the suppletory applicability of “Sec, 2. The Senate shall be composed of twenty-four
of
HR ET rules to a djudge the
number
correct tie Senators who shall be elected at large by the qualified voters
the xis of evidence to the g essional candidates, the Philippines, as may be provided by law." Const., Art. VI, § 2.
— h of the two (2) competin congr
3, 2002,
Se neuen of. Representatives, G.R. No. 149380, July “Sec, 5. (1) The House of Representatives shall be composed
of not more than two hundred and fifty members, unless otherwise
of the Batasang Pambansa
Sec. 22. Special election for Members fixed by law, who shall be elected from legislative districts
[Congress] apportioned among the provinces, cities, and the Metropolitan
R.A. Manila area in accordance with the number of their respective
(Repealed by Constitution, Art. VI, § 9, and.
No. 7166, § 4, par. 2). inhabitants, and on the basis of a uniform and progressive ratio,
and those who, as provided by law, shall be elected through a
Sec. 22.1.— Constitutional provisions party-list system of registered national, regional, and sectoral
parties or organizations.
OEC, § 22 may be deemed repealed by the following provision of
the Constitution: (2) The party-list representatives shall constitute twenty
per centum of the total number of representatives including those
In case of vacancy in the Senate or in the House of Repre-
sentatives, a special election may be called to fill such vacancy under the party list.
in the manner prescribed by law, but the Senator or Member of For three consecutive terms after the ratification of
the House of Representatives thus elected shall serve only for the this Constitution, one-half of the seats allocated to party-list
unexpired term. Const. Art. VI, § 9. representatives shall be filled, as provided by law, by selection or
election from the labor, peasant, urban poor, indigenous cultural
Sec. 22.2 — Amending statutes communities, women, youth, and such other sectors as may be
{In case a permanent vacancy shall occur in the Senat provided by law, except the religious sector.
e or House of
am m one aoe (3) Each legislative district shall compromise, as far as
roa lI calloneand (1)holdyeara specia
before the expiration of the ter™:
l elections to fill the vacan¢Y practicable, contiguous, compact and adjacent territory. Each city
— st (60) days nor longer than with a population of at least two hundred fifty thousand, or each
eee : vacancy. However, in case ninety (90) days after
Senate t “ ection shall be held simul of such vacancy in
taneously with the 9¢*
province, shall have at least one representative.
Succeeding regular election, R.A. No. 7166, (4) Within three years following the return of every census,
§ 4, par, (2). the Congress shall make a reapportionment of legislative districts
Sec. 23. Composition of on the standards provided in this section.” Const, Art. VI
the Batasang Pambansa [Co
ngress]
5.
y ,

Repealed by Constitution, Art.

vy §§ 1, 2, and 5)
 LAWS
ELECTION ARTICLE II
54
BATASANG PAMBANSA (CONGRESS)
ELECTION OF MEMBERS OF THE

esentatives
nme nt of repr tatives
Sec. 24. Apportio . all have be
en made, Sec. 26. Sectoral represen
en t gress] R.A. No.
Until a new ap po rt io nm
Pa mbansa [Con (Repealed by Constitution, Art. VI, § 5 and
of the Batasang e Or di nance
the Member s
ne d in ac co rd ance with th 7941, §§ 9-13)
shall be apportio nstitution. provision
appended to the
Co Sec. 26.1. — Constitutional
t ma! hereafter
be created or by Art. VI, § 5 of the Consti-
OEC, § 26 may be deemed repealed
: y hereafter be declared
Any
ompone nt cityWethat ma
province
shall
urbanized city to at
tution, which is set out in
Sec. 23.].
law as a highly low
oo: pursuant theto imm ction
ediately fol ing ele Sec. 26.2. — Amending
statutes
of Members as it
be a iter or such number ber of the OEC, § 26 may be deemed repealed by
§§ 9-13 of R.A. No. 7941,
the basis of the num y-Li Representatives through
may be entitled to on uni for m and pro gressive An Act Providing for the Election of Part
st
inhabitants and on
the same t. The ria tin g Funds Therefor, approved on
preceding apport ion men the Party-List System, and Approp
ratio used in the last to the pro vin ce out of March 3, 1995.
apportioned
number of Members re the new
was created or whe
which the new province gr: aphically located shall be Sec. 26.3. — Party-list guidelin
es
is geo
highly urbanizedi city t shall on No. 3785 issued on
pon din gly adj ust ed but such adjustmen The petition challenges Comelec Resoluti
corres
dred twenty day s bef ore the part icip atio n of 154 organizations
not be made within one hun March 26, 2001 which approved the
eaded, in the 2001 party-list
election. (Sec. 2, BP Res. 112,
Id.) and parties, including those herein impl
fication of private respondents,
elections. Petitioners seek the disquali it the
was intended to benef
Sec. 24.1. — Constitutional provisio
ns arguing mainly that the party-list system
mainstream political parties,
OEC, § 24, par. I may be deemed repeal ed
by Art. VI, § 5 of the marginalized and underrep rese nted , not the
the Ord inance appended 0 the non-marginalized or over-represented.
Constitution, set out in Sec. 23.1, and by tunity to show that
the 1987 Constitution. Respondents should first be given an oppor
d in this Decision, before
they qualify under the guidelines promulgate
ipate in and be elected under
Sec. 24.2. — Additional members they can be deprived of their right to partic
_ RA. No. 9229 creates a second legislative district for Paraiiaqu’ the party-list system.
City. District 1 is composed of Barangays Baclaran, Tambo, Vitales First, the political party, sector, organizati
on or coalition must
Sto. Nifio, Dongalo, La Huertea, San Dionisio and San Isidro. Dist™" represent the marginalized and under repre sente d groups identified in
— through
2 is composed of Barangays BF Homes, San Antonio, Sun
Valley, Section 5 of R.A. No. 7941. In other words, it must show
y, platform
— de Porres, Don Bosco, Merville, Marcelo Green, and Moom its constitution, articles of incorporation, by-laws, histor
and seeks to
of government and track record — that it represents
majority of its
uplift marginalized and underrepresented sectors. A
Sec. ee by province and its component cities, bY high membership should belong to the marginalized and under
represented.
or
city or by district in Metropolitan Manila And it must demonstrate that in a conflict of interests, it has chosen
All candidates shall be voted at large by the is likely to choose the interest of such sectors.
pci oe their respective constitu encles- The Second, while even major political parties are expressly allowed
ponding to the number of Member %
Members to be elect by R.A, No. 7941 and the Constitution to participate in the party-list
ed in a constituency who recelv? system, they must comply with the declared statutory policy of enabling
the highest n
(Sec. 3, BP on of voters shall be declared elected
 % ELECTION LAWS
“Filipino citizens belonging to marginalized and underrepres
House of Representatives.” Jp
secaeck x x x to be elected . the ground thay
they are not disqualified merely on the
words, while
ver, that they represen,
are political parties, they must show, howe . 2,
interests of the marginalized and underrepresented
represented in the party-jp
Third, the religious sector may not be
pasto rs who may be elected b;
system. However, priests, imams or
t their group, are ny
say, the indigenous community sector to represen
prohibited.
be disqualified unde
Fourth,a party or an organization must not
grounds for disqualificatios
R.A. No. 7941 "Sec. 6, which enumerates the
t of, or;
Fifth, the party or organization must not be an adjunc
ed by, the govern ment.
project organized or an entity funded or assist
Sixth, the party must not only comply with the requirements of the
law: its nominces must likewise do so, as provided by R.A.
No, 794),
Section 9.
Seventh, not only the candidate party or organization mus
represent marginalized and underrepresented sectors; so also mustili
nominees, as provided in R.A. No. 7941, Section 2,
Eighth, while lacking a well-defined political constituency, the
nominee must likewise be able to contribute to the formulation avé
enactment of appropriate legislation that will benefit the nation 25+
The linchpi n is the clear and plain policyof the law:"¥
of this case
enable Filipino citizens belonging to marginalized and
:
sectors, organizations and parties, and who Jack well-defined politic
constituencies but who could contribute to the formulation
ast
of appropriate
oon» lo become legislation that will benefit the nation
members of the House of Representatives.”
- The Court cannot accept the¢ submissi
isi ons of the Comelec ant
respondent oe
s that the party-list system is, without
open Wo all. Ang Bagong Bayani-OFW Labor Party any qualifi
v. Comelets Gh
No. 147589, June 26, 2001.
There fi ; ye
system, our parameters in a Philippine-style party-list electi@®
Of the 11: rusewenty percent of the total number of the member
‘, 7 and organiations.
of Representatives is the maximum number 0
ARTICLE I 57
ELECTION OF MEMBERS OF THE BATASANG PAMBANSA (CONGRESS)
available to party-list organizations, such that there is automat
i-
ive districts .
cally one party-list seat for every four existing legislat
Garnering two percent of the total votes cast in the
party-list election s guarantees a party-list organization one seat.
The guaranteed seats shall be distributed in a first round of seat
of the total
allocation to parties receiving at least two percent
party-list votes.
3. The additional seats, that is, the remaining seats
uted to
after allocation of the guaranteed seats, shall be distrib
those that received less
the party-list_ organizations including
votes. The continu ed operati on of
than two percent of the total
the two percent threshold as it applies to the allocation of the
ld
additional seats is now unconstitutional because this thresho
the filling up of the
mathematically and physically prevents
available party-list seats. The additional seats shall be distributed
the
to the parties in a second round of seat allocation according to
two-step procedure laid down in the Decision of 21 April 2009 as
clarified in this Resolution.
4. The three-seat cap is constitutional. The three-seat cap
is intended by the Legislature to prevent any party from dominating
the party-list system. There is no violation of the Constination
because the 1987 Constitution does not require absolute
proportionality for the party-list system. The well-settled rule is
that courts will not question the wisdom of the Legislature as long
as it is not violative of the Constitution. Barangay Association for
National Advancement and Transparency (BANAT) v. Comelec,
G.R. No. 179271, July 8, 2009; Bayan Muna v. Comelec, G.R.
No. 179295, July 8 2009.
These two cases show the allocation of seats under the party-list
system as governed by the last phrase of Section 5(1), Art. VI, 1987
Constitution* that states that the party-list representatives shall be
“The House of Representatives shall be composed of not more than two hundred and fifty
Members, unless otherwise fixed by law, who shall be elected from legislative distncts apportioned
it
Smhiong the provinces, cies, and the Metropolitan Mamila area im accordance with the oumber of
ve inhabitants, and on the basis of a uniform and progressive rano, and those who, as
law, shall be clected through a party-list system of registered national, regional, and
 8 ELECTION LAWS ARTICLE {1 9
OF MEMBE RS OF THE BATAS ANG PAMBANSA (CONGRESS)
“LECT ION
by law, shallwidebe elect ed Pang through a Party,
“those jose who,who, as p rovided by discretion In formumulelatin
Sec. 28.2 — Amending statutes
the Legi slat ure j
list syst em,” givi ng
ly, there18 NO COnSttutiong OEC, § 28 may be deemed repealed by §§ 9-13 of R.A. No. 7941,
the allocation of party-list seats. Clear esentatives through
An Act Providing for the Election of Party-List Repr
requirement for absolute proportional represen'vion 1 the allocation the Party-List System, and Appropriating Funds Therefor, approved on
of party-list seats in the rati istS%
House of RepresenCome March 3, 1995.
on Party lec,G.R. No. 13674)
See Veterans Fede ute the winning
dete rmin e and comp
October 6, 2000, discussing how to 7
list elections.
parties and nominees in the party-
Labor Party v. Comele,
See also Ang Bagong Bayanl-OFW
GR No, 14758, June 23, 2003, involving moti ons for proclamation of
meters of the
party-list participants, and outlining the four unique para
party-list system.

Sec. 27. Scope of the sectors

by Constitution, Art. Vi, § 5 and R.A. No,
(Repeated
7041, $§ 9-13)

Sec. 27.1. — Constitutional provisions

OEC, A VI, §
§ 27 may be deemed repealed repealed byby Art. .
eat aut tn lee 444. 5 of the Const:
‘csilia

OEC, denied
An Act Meee ed repealed by §§ 9-13 of R.A. No. 794);
entatives throug!
the Party-List System, —e of Party-List Repres
Theref or, approved
March3, 1995, Appropriating Funds

Sec. 28. Selection of sectoral

*presentatives
(Repeaied
by
7061, $5 9-99)” Onettulon, Art. Vy, § 5 and R.A. No-
See. 28.1, — ¢,
, Provisig
tution, OEC, § 28 ma Y be deemed " ‘
“out
in See, 934 Pealed by Are. V1, § 5 of the Com™

oe
 ARTICLE Iv 61
ELECTION OF LOCAL OFFICIALS

three consecutive terms. In Borja, Jr v. Comelec, 356 Phil. 467 (1998),

the Court emphasized that the term limit for elective officials must be
taken to refer to the right to be elected as well as the right to serve in
it is
the same elective position. Thus, for the disqualification to apply,
ARTICLE IV not enough that the official has been clected three consecutive times,
L OFFICIALS he must also have served three consecutive terms in the same position.
ELECTION OF LOCA
While it is undisputed that respondent was elected municipal
whether he is
councilor for three consecutive terms, the issue lies on
l officials deemed to have fully served his second term in view of his assumption
Sec. 29. Regular elections of loca of office as vice-mayor of Tuburan on January
12, 2004.
(Repealed by Constitution, Art xvill, § 1) Succession in local government offices is by operation of
law.
No. 7160, otherwi se known as the Local
ction Section 44 of Republic Act
Sec. 29.1, — First local ele Government Code, provides that if a permanent vacancy
occurs in the
stitution, which provides:
_ § 20 was repealed by the Con ined by the office of the vice mayor, the highest-ranking sanggunian member
shall
l be hel dona date to be determ
“The first local elecaetions shal ers become vice mayor.
Itaneous with the election of the Memb
President, which may be simu Mem ber s of the city In this case, a permanent vacancy occurred in the office of the vice
of the Congress . It shall include the election of all mayor due to the retirement of Vice Mayor Mendoza. Respondent, being
olitan Manila area.” Const., Ar.
or mumeczpal councils in the Metrop the highest-ranking municipal councilor, succeeded him in accordance
XVIIL, § I. with law. It is clear therefore that his assumption of office as vice-mayor
can in no way be considered a voluntary renunciation of his office as
Sec. 29.2. — Term of office municipal councilor. Montebon v. Comelec, G.R. No. 180444, April 8,
this Constitution shal
“« * © jocal officials first elected under 2008.
Art. XVHI, § 2.
serve until noon of June 30, 1992." Const, But is preventive suspension of an elected public official an
l. ifies local interruption of his term of office for purposes of the three-term limit
Section 8 of the 1987 Constitution bars and disqua rms in the
three conse cutiv e te rule under Section &, Article X of the Constitution and Section 43(b)
elective officials from serving more than
of Republic Act No. 7160 (R.A. No. 7/60, or the Local Government
same post Code)?
also provides ths!
Likewise, Sec. 43 of the Local Government Code
“No local elective official shall serve for more than three consecut'® _ Preventive suspension, by its nature, does not involve an effective
of the office for a"! interruption of service within a term and should therefore not be a reason
terms in the same position. Voluntary renunciationuption in the contions to avoid the three-term limitation. It is severa nce
from office, or to be
length of time shall not be consideredas an interr exact, loss of title, that renders the three-term limit rule applicable.
of service for the full term for which the elective official conce™ What the law contemplates is a complete break from office during
lected.”
which the local elective official steps down and ceases to exercise
lo Loncanida » Comelec, 370 Phi. 625 (1999) the Court held Power and authority over the inhabitants of the territorial jurisdiction
two thecondit
the1) that ions
al
for the application of the disqualification must”. - ae local government unit. Preventive suspension can pose
offici concerned has d
been electe for three CO” nd ea tion
more potent” than the voluntary renunciathat the
that he has fully€™
terms wi the same local government post; and 2)
Constitution itself disallows, as it is easier to undertake and merely

a)
 ELECTION LAWS ARTICLE IV
63

ELECTION OF LOCAL OFFICIALS

ve ch arge that can be ismissey

ed administrati al provision
requires an easil ly fabricat has been imposed. Aldovino, J, , Sec. 30.1. — Constitution
soon after a preventive suspens
ion
December 23, 2009. Cities that are highly urbanized
, as determined by law, and
Comelec, GR. No. 184836, component cities whose charters proh
ibit their voters from voting for
elective local offic ials, except barangay ndent of the province. The
“The term of office 0 f shall be three years aq4 provincial elective officials, shall be indepe
ch shal l be determined by law, voters of component cities within a pro
vince, whose charters contain no
offi cial s, whi
serve for more than thre
e consecutive terms r right to vote for elective
no such official shall such prohibition, shall not be depriv of thei
ed
Voluntary renunciati ‘on of
the office for any length of time shall notbe provincial officials. Const ., Art. X, § 12.
ion ini the cont inuity of his service for the ful
considered as an interrupt
cted.” Const, Art. X, §8 Sec. 30.2. — Amending statutes
term for which he was ele
not vote in
Where respondent was elected mayor for
the following terms: The registered voters ofa highly urbanized city shall
offici als of the provi nce in which it is located.
1998 the election for provincial
a) July 1, 1995 to June 30, No component city shall be declared or classified as
a highl urbanized
y
July 1, 1998 to June 30, 2001
election.
b) city within sixty (60) days prior to a local
vote
c) July 1, 2001 to June 30, 2004 The registered voters of a component city shall be entitled to
ls of the provin ce of which it isa
in the election for provincial officia
d) July 1, 2004 to June 30, 2007 part, unless its charter provides otherwise. R.A. No. 6646, § 3.
mayor for
and served as such until June 30, 2001 it was held that he was
l trial cour
the entire period notwithstanding the decision of the regiona aoe

in the electoral protest case filed by petitioner ousting him as mayot

Such circumstance does not constitute an interruption in serving the
full term.
_ Respondent is now serving his fourth term. He has been mayo!
continuously without any break since July 1995. In just over a mon",
by June 30, 2007, he will have been mayor for 12 consecutive terms
Rivera IT v, Comelec, G.R. No. 167591, May 9, 2007; Dee v. Comelet,
GR. No. 170577, May 9, 2007.
Sec. 30. Component and highly urbanized cities
the Uniess their respective charters provide otherwise:
une of ee cities shall be entitled to
2 Seem ion for provincial
pro officials of the province

shal!
not ae in the of highly urbanized citalsies of the
Is on
eleit cti for provincial offici r, That
Pro
me icemIna
Cvin located: Provided, howeve

ed to be entitled to 4
highly erteniced oy on be declar or to
any election, (New) tus within ninety days pri
 ARTICLE \
ELECTION OF MEMBERS OF REGIONAL ASSEMBLY
OF AUTONOMOUS REGIONS
provinces, cities. and geographic areas voting favorably in such
iscite shal] be included in the autonomous region.” Const,
Art X, § 1h

Sec. 31.2. — Organic Acts for autonomous regions

OBC, §§ 31-36 are deemed repealed by R.4. No. 6734, An Act
Providing for an Organic Act for the Autonomous Region of Muslim
Mindanao. enacted August I, 1989. The autonomous region was to be
omposed of the provinces of Basilan, Cotabato. Davao del Sur, Lanao
del Norte, Lanao del Sur. Maguindanao, Palawan, South Cotabato,
Sultan Kudarat, Sulu, Tawi Tawi, Zamboanga del Norte, and Zamboanga
del Sur, and the cities of Cotabato, Dapitan, Dipolog, General Santos,
| ; Iligan, Marawi, Pagadian. Puerto Princesa, and Zamboanga. However,
ional provisions
Sec. 31.1 — Constitut ion: it was approved only by the mayonty of the voters of Lanao del Sur,
repealed by the Constinit Maguindanao, Sulu, and Tawi Tawi. Thus, it could be implemented only
OEC. §§ 31-36 are deemed in the provinces voting for it. Under Art. X, Sec.18 of the Constitution,
us in! s
region Musim
“There shall be created autonomo unit must
vinces, cites a majority of the votes cast in each individual constituent
dilleras consisting of Pro
Mindanao and in the Cor areas sha rin g common and vote for its approval. Abbas « Comelec, G.R. No. 89651, November
ical
municipalities, and 10, 1989.
mework
characteristics within the fra R.A. No. 6766, An Act Providing for an Organic Act for the Cor-
ign ty as we i] as dillera Autonomous Region, was enacted on October 23, 1989, cov-
of this Constitution
I and the national sovere st,
Phi lip pin es. Con ering Benguet, Mountain Province, Ifugao, Abra and Kalinga-Apayao
ublic of the
territorial integrity of the Rep and the city of Baguio. However, only Ifugao voted favorably during
X, .
An § 15. the plebiscite. One province alone cannot legally constitute such region.
Under Art. X, Section 15 of the Constitution providing for the creation
of an autonomous region in the Cordillera, the keywords “provinces,
cities, municipalities and geographical areas” connote that “region” is
appointed by the to be made up of more than one constituent unit. R.A, No. 6861 (March
sectoral bodies. The organic act 8, 1990) setting the election in the Cordillera Autonomous Region of
government for the region consisting
of the execullve Ifugao on the first Monday of March 1991 is void. Ordillo v, Comelec,
h shall be clectivé 192 SCRA 100 (1990).
lective aod
and legislative assembly, both ofpolitwhic
ical units. The se ol
representative of the constituent
al. nee . Sec. 32. Apportionment of the Sangguniang Pampook
shall likewise provide for special courts with
with the provisions by Constitution, Art. X, §§ 15-21 and R.A.
property law jurisdiction consistent (Repealed
Constitution and national laws.
_ No. 6734)
“The creation of the autonomous regi shall be Sec. 33. Election of members of the Sangguniang Pampook
oe ual
when approved by a majority of the votes castprovbyided (Repeated by Constitution, Art. X, §§ 15-21 and R.A.
ent units in a plebiscite called for the purp ose, No. 6734)
ot

__—
i
 Fenn

-
ELECTION LAWS

Sec. 34, Selection of sectoral representatives

(Repeated by Constitution, Art X, §§ 15-217 and R.A.
Wo. 6734)
ARTICLE VI
Sec. 35. Filling of vecancy cTON ‘OF B
art. X, §§ 15-27 and R.A, ELE ARANGAY OFFICIALS
(Repesied by Constitution,
Mo. 6734)
of office Sec. 37. Regular election of barangay officiats
Sec. 36. Term
by R.A. No. 6679)
(Repealed
(Repeated by Constitution, Art X, §§ 15-27 and R.A.
No. 6734) Sec. 37.1. — Amending statutes
aoe OEC, § 39 was repealed by Republic Act No. 6679, An Act To
Amend Republic Act No. 6653 To Postpone The Barangay Elections To
March 28, 1989, Prescribing Additional Rules Governing the Conduct
of Barangay Elections And For Other Purposes.
This law was approved on November 4, 1988. [t set the first
barangay elections on March 28, 1989 and the regular election of
barangay officials on the second Monday of May 1994 and on the same
day every five years thereafter.

Sec. 37.2. — Validity of amendments

R.A. No. 6679, § 9, providing that the decision of the municipal
or metropolitan trial court is appealable to the regional tral court is
unconstitutional because it violates Art. [X-C, § 2(2) of the Constitution
providing that the Comelec has “appellate jurisdiction over all contests
involving elective municipal officials decided by tnal courts of general
Jurisdiction, or involving elective barangay officials decided by mal
courts of limited jurisdiction.” Flores Comelec, 184 SCRA 484
(1990).
Sec. 37.3, — Practice tip
Counsel who wishes to appeal from an adverse decision in an
election contest for a barangay office should file the appeal with the
Comelec, rather than with the Regional Trial Court, in light of the
declaration of unconstitutionality of R.A. No. 6679, § 9. See Flores
Comelec, 184 SCRA 484 (1990),

o?
 LECTION LAWS
a 69
ARTICLE VI
OFFICIALS
ELECTION OF BARANGAY
niang Kabataan
Sec, 37.4. — Sanggu court finds no grave
be unconstitutional. The
ization OTigingy f law that is alleged to
The Sangguniang Kabataan (SK) isa youth organ aang Baran! part of public respondents.
Montesclaros v.
e No. 684 as the Kabat ais of discretion on the
established by Presidential Decre y 9, 2002.
KB"), The KB was compo
sed of all barangay reside
who .
nts Camelec, G-R. No, 152295, Jul
the mini mum age. The Ln
t specifying
less than 18 years old, withou and limite d g Sec. 38. Conduct of
elections
renamed the KB to SK
Govemment Code of 1991 more than 2) . The barangay election shall
be non-partisan and
least 15 but not
membership to those youths “at d in an expe diti ous and inexpensive
as a youth organization in every baray shall be conducte
of age.” The SK remains manner.
the social, political, econome
tasked to initiate programs “to enhance No person who files a certificate of candidacy
cal development of y,
cultural, intellectual, moral, spiritual, and physi shall represent or allow himself to be represented
of any political party or any other
youth.” as a candidate group,
and no political party, political
organization;
The SK in every barangay is composed of a chairperson and sevg political committee, civic, religious, professional, or
unan»
members, all elected by the Katipunan ng Kabataan. The Katip other organization or organized group of whatever
or in the filing
Kabataan in every barangay is composed of all citizens actually residing nature shall intervene in his nomination
aid or support,
in the barangay for at least six months and who meet the membership of his certificate of candidacy or give
favorable
age requirement. directly or indirectly, material or otherwise,
for election: Provided, That
to or against his campaign
The first SK elections took place on December 4, 1992. R.A. No shall not apply to the members of the
this provision
of
7ROK reset the SK elections to the first Monday of May of 1996 ani family of a candidate within the fourth civil degree
every three years thereafter. R.A. No. 7808 mandated the Comelecte consanguinity or affinity nor to the personal campaign
supervise the conduct of the SK elections under rules the Comelec shal staff of the candidate which shall not be more than one
for every one hundred registered voters in his barangay:
promulgate. The Comelec on December 4, 2001 issued Resolution Nos
Provided, however, That without prejudice to any liability
4713 and 4714 to govern the SK elections on May 6, 2002. On Februay that may be incurred, no permit to hold a public meeting
5, 2002 the Comelec recommended to Congress the postponement « shall be denied on the ground that the provisions of this
the SK elections to November 2002 but holding the barangay election paragraph may or will be violated.
in May 2002 as scheduled. On March 19, 2002 the President signed in! Nothing in this section, however, shall be construed
law R.A. No, 9164 to reset the SK and Barangay elections to July Is
as in any manner affecting or constituting an impairment
2002
ww)?
and lowered the membership age in the SK to at least 15 butni of the freedom of individuals to support or oppose any
more than 18 years of age. candidate for any barangay office.

0 wa ann on March 11, 2002, a petition was filed by ce"?
of the SK electio®
oniginally shatantine prevent the postponement
to prevent the reduction0!
age Fequirement for cae 6, 2002 and
Petthoners have no ime. ame Sk. The petition is ane
uit. Petitioners’ prayer to = oie Substantial interest in maintainiNs é
Proposed bill lowering the , Congress from enacting into law
actual justiciable 8 ; tnembership age in the SK does not prese"
review because it is Sversy. A proposed bill is not subject to ju”
Hot a law. Petitioners do not cite any provis!
Sec. 38,1. — Nonpartisan nature
_ Itis not true that in a democracy all elections necessarily must be
Partisan. Outside of the cases where the Constitution clearly requires
i that the selection of particular officials shall be through the ballot and
with the participation of political parties, the lawmaking body may
fe or restrict partisan elections. Minister of State for Political Affairs
tee B. Perez, who sponsored Parliamentary Bill 2125 which
er became B.P. Blg. 222, said that “the barangay is the basic unit not
L e
LL
ELECTION LAWS
70 7
ARTICLE VI
ucture, ,
also of our political strthe
ELECTION OF BARANGAY OFFIC
IALS

only of our social structu re but fro m influeng i

more prud ent to insul ate the barangays: "
consolidated list of all the
candidates and shall post
would be ‘ sg utary results of the NOn-par and in other conspicuous
cs,” having seen the “sal said list in the bara ngay hall
partisan politi least ten days before the
election of the members of the Constitutional Conven
tion Of 193), places in the barangay at
222.
222, the Barangay ] Election Law, §§ 4 and 9 elaction.
Accordingly. B.P. Blg. cipal, city, pro-
é blic| Act No. 6132, § B(a) fry
Repu Any elective or appointive muni
which is almost a verbatim copy of ion ; employee, or those in the
candidate in the barangay elect vincial or national official or
paragraph, which prohibits any sen, incl udin g those in government-
wing himselfto be repre civil or milit ary servi ce,
May, 17, 1982 from representing or allo owned or controlled corp orations, shall be considered
filing of certificate of
as a candidate of any political party and prohibits any political pany automatically resigned upon the
offi ce.
ngay
political group, political committee from intervening in the nominatigy candidacy for a bara

of a candidate in the barangay election or in the filing of is certificg, certificate

Sec. 39.1. — Sufficiency of
of candidacy, or giving aid or support directly or indirectly, materi by the wife of a candidate
or otherwise, favorable to or against his campaign for election, i; A lette: r to the Commission on Elections
permission to run as a candidate in lieu
not unconstitutional as violative of the right to form
associationso for barangay chairman seeking suffic ient. Rulloda vs.
always who died before the elections is
societies for purposes not contrary to law, since this right “is of her husband
20, 2003.
e and dominan t police power of the state ani Comelec, G.R. No. 154198, January
subject to the pervasiv
may constitutionally be regulated or curtailed to serve appropriate and Sec. 39.2. — Substitution of candidate
SCRA 404 (1984)
important public interests. " Occena v. Comelec, 127 may be substituted
The wife of a candidate for barangay chairman
a vs. Comelec,
for her husband who died before the elections. Rullod
Sec. 39. Certificate of candidacy
G.R. No. 154198, January 20, 2003.
No person shall be elected punong barangay or
kagawad ng sangguniang barangay unless he files a Sec. 40. Board of election tellers
swom certificate of candidacy in triplicate on any day (1) The Commission shall constitute not later
from the commencement of the election period but not than ten days before the election a board of election
later than the day before the beginning of the campaign tellers in every barangay polling place, to be composed
period in a form to be prescribed by the Commission. of a public elementary school teacher as chairman, and
The candidate shall state the barangay office for which two members who are registered voters of the polling
he is a candidate. place concerned, but who are not incumbent barangay
officials nor related to any candidate for any position in
The certificate of candidacy shall be filed with that barangay within the fourth civil degree of affinity or
gay who shall
the secretary of the sangguniang baran consanguinity.
have the ministerial duty to recei ve said certificate of
iatel y ackn owle dge receipt In case no public elementary school teachers are
candidacy and to immed available, the Commission shall designate any regis-
thereof.
tered voter in the polling place who is not an incumbent
In case the secretary refuses to receive the same, barangay official nor related to any candidate for any
or in case of his absence or non-availability, a candidate Position in that barangay within the fourth civil degree
may file his certificate of candidacy with the election of affinity or consanguinity.
registrar of the city or municipality concerned. (2) The board of election tellers shall supervise
and conduct the election in their respective polling
lecti The secretary of the san gguniang barangay or the
election registrar, as the case may be, shall prep are 4
 pLECTION LAWS 73
ARTICLE V1
7
OF BARANGAY OFFICIALS
ELECTION
prepare a repoy
votes and thereafter always taking into
ces, coun _ esc rib ed by the Commission, be centrally locate: das possible,
voters.
on the form pr co nvenience and safety of the
ean
delivereg consideration the
s report shall be
The original of thi canv as se rs. The
barangay board of angay ballots
immediately to the th e el ec ti on registrar Sec. 43. Official bar
delivered to
be lo ts shall be provided by
second copy shall e secretary of The official barangay bal
rd co py sha ll be delivered to th the same on ity con cer ne d of a size and color to
and the thi al l ke ep the city or mun ici pal
rangay who sh
the sangguniang ba be prescribed by
the Commission.
file. re they are handed
Such official ballots shall, befo
e, be authenticated in the
tion of voters and list of
voters to the voter at the polling plac d representatives
Sec. 41. Registra presence of the vote r, by the aut hor ize
tion, the
Not later than seven days before the elec angay of the candidates and the cha
irm an and members of the
r signatures
l meet in every bar tell ers who shal l affi x thei
board of election tellers shal of barangay
board of election aut henticated
tion is not
polling place to conduct the registra whi ch
at the back thereof. Any ballot
voters and to prepare the list of vote rs. Any voter may shall be deemed spu rio us.
to
ation of any person seeking
challenge the qualific
be heard and decided Sec. 44, Ballot boxes
register and said challenge shall
tellers. The
on the same day by the board of election The Commission shall provide the ball
ot boxes for
ing places
final list of voters shall be posted in the poll each bara ngay poll ing plac e, but each cand idate may be
re elec tion day. The regi stration of ballot box.
at least two days befo permitted to provide a padlock for said
written notice
any voter shall not be transferred without
. later
at least two days before the date of election Not Sec. 45. Postponement or failure of election
, the board
than the day following the barangay election for any serious cause such as violence,
list of vote rs to the When
of election tellers shal l deli ver the a
ng. terrorism, loss or destruction of election paraphernali
election registrar for custody and safekeepi , force majeur e, and other analog ous causes
or records
Sec. 42. Polling places of such nature that the holding of a free, orderly and
honest election should become impossible in any
(1) The chairman of the board of election tellers barangay, the Commission, upon a verified petition of
shall designate the public school or any other public an interested party and after due notice and hearing at
building within the barangay to be used as polling place which the interested parties are given equal opportunity
in case the barangay has one election precinct. to be heard, shall postpone the election therein for such
more election
(2) For barangays with twod oforcanv
time as it may deem necessary .

dog the chairman of the boar assers shall If, on account of force majeure, violence, terrorism,
ie the public school or any other public building fraud or other analogous causes, the election in any
used as polling place, barangay has not been held on the date herein fixed or
has been suspended before the hour fixed by law for
soni case there is no public school or other public the closing of the voting therein and such failure or
orariine etic be used as polling places, other
bulldings may be designated: Suspension of election would affect the result of the
Provided, Thanet election, the Commission, on the basis of a verified
OF possessed by buildings are not owned or occupie petition of an interested party, and after due notice and
elective public official
Or candidate, sien incumbent hearing at which the interested parties are given equal
civil degre?
of consanguinity relative within the fourthg place
or affinity. The pollin sh@
 ELECTION LAWS
ARTICLE VI 75
ELECTION OF BARANGAY OPFICIALS
holding or
heard shall call for the
days after it Sec. 46.1. — Election contests
an ston election within thirty
that the cause or causes
shall have verified and found postponed or suspended OEC, § 252 governs election contests for barangay offices.
has been
for which the election per
n petition of at least thirty Sec. 47. Activities during the campaign period
have ceased to exist or upo
the barangay concer , ned
cent of the registered voters in During the campaign period, the punong barangay
nt, upon if he is not a candidate, or any resident of the barangay
When conditions in these areas warra
n, or upon petit ion of designated by the Commission, shall convene the
verification = the C ‘commissio
at least Carty perce of the registered voters in the barangay assembly at least once for the purpose of
the holding of the allowing the candidates to appear at a joint meeting duly
barangay concerned, it shall order called, upon proper and with at least two days notice, to
pone d or suspended.
barangay election which was post explain to the barangay voters their respective program
of administration, their qualifications, and other
Sec. 46. Barangay board of canvassers information that may help enlighten voters in casting
of
(1) The Commission shall constitute a Board their votes. The members of the barangay assembly
seven da ys befor e the electi on in may take up and discuss other matters relative to the
Canvassers af least
senior public election of barangay officials.
each barangay, to be composed of the
the baran gay as chairman,
elementary school teacher in Sec. 48. Watchers
public eleme ntary schoo l teach ers, as
‘and two other
members. Candidates may appoint two watchers each,

gi8¢;
serve alternately, in every polling place within
school
in case the number of public elementary barangay, who shall be furnished with a signed
the Commission shall designate
teachers is inadequate, of the results of the election, in such form as
of
the chairman and members of the barangay board Commission may prescribe, immediately after
canvassers from among the board of election tellers. completion of the canvass.
shall meet
(2) The barangay board of canvassers
place is found
Sec. 49. Inclusion and exclusion cases
immediately in a building where a polling
and which ts most centrally located in the barangay and Inclusion and exclusion cases which shail be
decided not later than seven days before the date of the
polling
afer canvassing the results from the various
winners. election shall be within the exclusive original jurisdiction
places within the barangay, proclaim the of the municipal or metropolitan trial court. The notice
-
The board of canvassers shall accomplish
of such decision shall be served to all parties affected

certificate of proclamation in triplicate on a form 7 within twenty-four hours following its promulgation

prescribed by
be certificate the Commission. The original and any party adversely affected may appeal therefrom
the shall be sent to the election regis within twenty-four hours to the regional trial court which
concerned, the second copy shall be delivered
t0 a shall finally decide the same not later than two days
bayan, or sanggunl ‘ before the date of the election.
Secretary of asthe thesangguniang
case may be, and the third or
pengiunsod, Sec. 50. Funding
shall be kept on file by the secretary of the sengou” Local governments shall appropriate such funds
barangay.
to defray such necessary and reasonable expenses
ns
(3) In 2 barangay where there is only 08shell of the members of the board of election tellers, board
place, the barangay board of election tetiers
board of canvassers.
Le
ELECTION LAWS

canvassers and the printing of election forms ang

earn of other sion paraphernalia, and the
installation of polling booths.
Sec. 51. Penalties
ARTICLE Vil
Violations of any provisions of this Article shai THE COMMISSION ON ELECTIONS
constitute prohibited acts and shall be prosecuted ang
penalized in accordance with the provisions of this
Code.
Sec. 52. Powers and functions of the Commission on Elections
In addition to the powers and functions conferred
ttt

purpose
and shall:
(a) Exercise direct and immediate supervision
and control over national and focal officials or
employees, including members of any national or local
law enforcement agency and instrumentality of the
government required by law to perform duties relative
to the conduct of elections. In addition, it may
authorize
CMT cadets eighteen years of age and above to act
as
its deputies for the purpose of enforcing its orders.
The Commission may relieve any officer or
employee referred to in the Preceding paragr
aph from
the performance of his duties relating to electoral
processes who violates the election
law or fails to
comply with its instructions, orders,
decisions or rulings,
and appoint his substitute. Upon recom
mendation of
the Commission, the corresponding
proper authority
shall suspend or remove from office
any or all of such
Cers or employees who may, after due
found guilty of process, be
such violation or failure.
(b) During the period of the campaign
thirty days thereafter, when in any and ending
area of the country
there, are persons committing acts
Influence people to vote of terrorism to
for or against any candidate
Political party, the Commission or
authorize any member or shall have the power to
members of the Armed Forc
es
oH] ”
 ELECTION LAWS ARTICLE VI
ON ELECTIONS
THE COMMISSION
igation, decision or
National Bureau of Invest on thereof. No
of the Philippines, the or any sim ila r agency sixty days from
submissi
n either
the Integrated Nation al poli ce dered by the Commissio
te governmen t, exc ept civi lian resolution shai = ren
l = in a formal
or instrumentality of uti es for the pur pos e
as dep
home defense forces, to act free, orderly, and honest session
g of ssary, avail of
of ensuring the holdin The Commissi
on may. when nece
elections. nationa 1 or lo ca l la w enforcement
implement. the assistance of any gov ernment to
Promulgate rules and regulations tality of the
(c) laws which the agency and/or instrumen ate sup erv ision any
is Code or other execute under its dire
ct and imm edi
or rulings.
ons
, orders, instructi
of its final decisions
(Sec. 185fi]. 1978 EC)
es
t
of any provided for in the Rul
in paymen
and fix in its rules and regula- (e) Punish contempts sam e
provide same pro cedure and wit h the
es ' yof Court under the
n. Any violation of any final
' penalties provided therei er or ruling of the Commis-
by the Com.’ executory decision, ord
Rules and regulations promulgated and (Sec. 185/i), 1978
this Code shall e contempt thereof,
mission to implement the provisions of in the
sion shall constitut
publication EC, with amendments)
take effect on the sixteenth day after of
in at least two daily newspapers sions, directives,
Official Gazette or by Enforce and execute its deci
circulation. Orders and directives issued whic h shall have precedence
orders and instruct ions
to said rules and regulations any othe r authority, except
to accredited over those emanating from habeas corpus
shall be furnished by personal delivery the Supreme Court and thos e issu ed in
and
political parties within forty-eight hours of issuance proceedings. (Sec. 185{c). 1978 EC)
185{bj
shall take effect immediately upon receipt. (Sec es to be used in the election,
1978 EC) (g) Prescr theibform
(Sec 195/f] 1978 EC. with
plebiscite or referendum.
In case of conflict between rules, regulations. amendments)
orders or directives of the Commission in the exercise rials or
of its constitutional powers and those issued by #7 (h) Procure any supplies, equipment, mate
tion by public
office or agency of the government
other administrative services need ed for the hold ing of the elec
ents of
concerning the, same matter relative to elections,
the bidding: Provided, That, if it finds the requirem
to obse rve, then by nego tia-
former shail prevail, (Sec. 185{b], 1978 EC) public bidding
tions or sealed bids, and in both cases, the accredited
(d) Summon the parties to a controversy pending
parties shall be duly notified.
before ise vobpoena and subpoena duces 12
take testimony in any or hearing (i) Prescribe the use or adoption of the latest
any officer of the technological and electronic devices, taking into
before it, and delegate such power to of the Philippine account the situation prevailing in the area and the
—- who shail be a member
. In case of failure of a witness to attend, the la
funds avaifor purpe
thebl ose: Provided, That the
Commission, upon proot of service of the subpoone — shall notify the authorized representatives
ood ee aay none errant to ayngl tee pO accredited political parties and candidates in areas
l
alow him before the Commission or the officer affected by the use or adoption of technologica
a
and
Starnes tue cette cet a
bevy = the use of such devices. (Sec. 185(j], 1978
with
shall, after compliance the requirements of dv®
Drones and decided by it withi?
: be immediately heard

J
 ELECTION LAWS 81
0 ARTICLE VII
THE COMMISSION ON ELECTIONS

() Carry out a continuing and systematic for accreditation in

2. Nominate one watcher ee
campaign through newspapers of general circulation, each polling place and each
place of canvass who
radios and other, media forms to educate the pubic tions and righ ts as the othe r
electorate about election laws, have the same duties, func es. Members or
and fully inform the ies and candidat
ic decisions, and other matters relative to the watchers of political part on
citi zen grou p or organization so dest
work and duties of the Commission and the necess| unit s of any
except its lone edite
duly accr
of clean, free, orderly and honest electoral processes, by the Commission
to enter any polling place
(Sec, 185jkj, 1978 EC) watcher, shall not be allowed
shal l, if they so desire, stay in an
except to vote, and
Enlist non-partisan groups or organizations from the polling place.
(k)_ area at least fifty meters away
of citizens from the civic, youth, professional, edu- and other
known for thair 3. Report to the peace authorities
cational/ business or labor sectors nces of terro rism, intimi-
appropriate agenc ies all insta
probity, impartiality and integrity with the membership ar attem pts to frust rate
and capability to undertake a coordinated operation dation of voters, and other simil
ly casti ng of votes .
and activity to assist it in the implementation of the the free and order
provisions of this Code and the resolutions, orders Perform such other functions as may
4.
and instructions of the Commission for the purpose such group or organization by the
be entrusted to
of ensuring, free, orderly and honest elections in any Commission.
constituency. Such groups or organizations shall
function under the direct and immediate contro! and The designation of any group or organization
supervision of the Commission and shall perform the made in accordance herewith may be revoked by the
following specific functions and duties. Commission upon notice and hearing whenever by
its actuations such group or organization has shown
A. Before Election: partiality to any political party or candidate, or has
performed acts in excess or in contravention of the
1. Undertake an information campaign on salient functions and duties herein provided and such others
features of this Code and help in the dissemination of the which may be granted by the Commission.
orders, decisions, and resolutions of the Commission
relative to the forthcoming election. (l)} Conduct hearings on controversies pending
before it in the cities or provinces upon proper motion
2 Manos a registration drive in their respective of any party, taking into consideration the materiality
areas So that all citizens of voting age, not otherwise
disqualified by law may be registered. and number of witnesses to be presented, the situation
Prevailing in the area and the funds available for the
3. Help cleanse the list of voters of illega Purpose. (New)
registrants, conduct house-to-house l
canvass
this
saat and take the appropriate legal steps towards (m) Fix other reasonable periods for certain pre-
election requirements in order that voters shall not be
deprived of their right of suffrage and certain groups of
the 4. Report to the ¢ ommission violations ©rf rights granted them in this Code. (Sec. 185jc], 1978 EC)
Provisions of this Code on the conduct of the
political Unless indicated in this Code, the Commission is
campaign, election propaganda and electoral hereby authorized to fix the appropriate
period for the
various prohibited acts enumerated herein,
consistent
B. On Election Day: with ne:
sctio the Poa
requirements of free, orderly,
and honest
1.. ma
e registered voters in their respective
ng places and cast their votes.

-
 ELECTION LAWS
ARTICLE VIE
THE COMMISSION ON ELECTIONS °

A. IN GENERAL
number and location of polling places, appointment of election
officials and inspectors, and registration of voters.
onal provisions
Sec. 52.1. — C onstituti IX-C: (4) Deputize, with the concurrence of the President, law
ro vides in Article a enforcement agencies and instrumentalities of the Government,
The Constitution Pp composed of
hallS18, be a Commission
“section 1, (1) There
irman and six Commissioners who shall be natural-bor
including the Armed Forces of the Philippines, for the exclusive
purpose of ensuring free, orderly, honest, peaceful, and credible
a Cha
Zo vines and, at the time of their appointmen elections.
<
irae atone of age, holders of a college degree, (5) Register, after sufficient publication, political
must not have beet candidates for any elective position in the parties, organizations, or coalitions which, in addition to
immediately precedingn, election s. However, a majority thereof, other requirements, must present their platform or program of
including the Chairma shall be members of the Philippine Bar government; and accredit citizens’ arms of the Commission.
years,
who have been engaged in the practice of law for at least ten Religious denominations and sects shall not be registered. Those
(2) The Chairman and the Commissioners shall be which seek to achieve their goals through violence or unlawful
appointed by the President with the consent of the Commission on means, or refuse to uphold and adhere to this Constitution, or
Appointments for a term of seven years without reappointment, which are supported by any foreign government shall likewise be
for seven refused registration.
Of those first appointed, three Members shall hold office
years, two Members for five years, and the last Members for three Financial contributions from foreign governments and
years, without reappointment. Appointment to any vacancy shall their agencies to political parties, organizations, coalitions, or
be only for the unexpired term of the predecessor. In no case shall candidates related to elections constitute interference in national
any Member be appointed or designated in a temporary or acting affairs and, when accepted, shall be additional ground for the
capacity. cancellation of their registration with the Commission, in addition
“Sec. 2. The Commission shall exercise the following to other penalties that may be prescribed by law.
powers and functions: (6) File, upon a verified complaint, or on its own initiative,
petitions in court for inclusion or exclusion of voters, investigate
(1) Enforce and administer all laws and regulations relative
to the conduct of an election, plebiscite, initiative, referendum, and, where appropriate, prosecute cases of violations of election
and recall. laws, including acts or omissions constituting election frauds,
offenses, and malpractices.
tion over all contests
Exercise exclusive original jurisdic ns of all elective (7) Recommend to the Congress effective measures to
(2) atio
relating to the elections, returns, and qualandificappe minimize election spending, including limitation of places where
llate jurisdiction
pr Provincial, and city officials, decided by
propaganda materials shall be posted, and to prevent and penalize
trial uae involving elective municipal officials all forms of election frauds, offenses, malpractices, and nuisance
officials ee Jurisdiction, or involving elective barangay candidacies.
ided by trial courts of limited jurisdiction. officer
(8) Recommend to the President the removal of any
divingdace
ee finalinvolving
orders, or rulings of the Commission °° zed, or the imposi tion of any other
offices elective municipal or employee it has deputi
and barangeY , for violat ion or disreg ard of, or disobe dience
®) be nal, executory, and not appealable. disciplinary action
to its directive, order, or decision.
‘ons . except those involving the right
enone
to vote, ‘
® elections, including determination of , (9) Submit to the President and the Congress 4 com-
 ELECTION LAWS ARTICLE VII
THE COMMISSION Of BLBCTIONS

election, Plebiscin, office shall be

prebens ive report on therecall.
conduc of exch
. han “Sec, 10, Bona fide candidates for any public
fe re nd um , or and discrimmation
initia tiv e, re banc or in y,, freefi rom any form of harassment
Co mm is si on may sit en as necessary
“Sec, 3, The of procedurAree INin ode,
its rules 15°. Orde 4 “Sec, 11. Funds certified by the Commission
ions,
oe and shall pro
‘tion of mul
elec casees,
tiongat including pre-procl, Atma, to defray the expenses for holding regular
and special elections.
shall be provided in
aed ae Ail such election cases shall be heard and decides plebiscites, initiatives, referen da, and recalls,
ed, shall be
the regular or special appropriations and, once appro.
ons for reconsid eration of decision, an of the
panies provided thatComati cation by the Chairm
si on en ba nc . re} eased automatically upon certifi
the mmis
shall be decided by ring the election periog Commission.”
“Gee, 4. The mmission Mays du
Co
lization of all franchise
ate the enjayment or uti on and other publi Sec, 52.2. — Administrative
Code provisions
ati
ee operation of transport and effective
mmunication oF inf ormation, all pranty Executive Order No. 292, signed on July 25, 1987,
util itie s, med ia of co
the Government z one year after publication in the Official Gazett
e, contains provisions
cessions granted by
special privileges, OF con ore, including reJating to the Constitution al Commi ssion s (EO 292, Book II, Ch. 5, 8§
oF instrumentality theref
any subdivision, agency, 24-28), and the Comelec (EO 292, Book
V, Title J, Subtitle C, §§ 1-13),
lled corporation or its subsidiary,
any government _gwned or contro l which are substantially similar to the provisions of
the Constitution.
tion shall aim to ensure equa
Such supervision OF regula é
rig
opportunity, time, and space, and the right rmat to reply, including Sec, 52.3. — Rules of Court
info ion camp aign
reasonable, equal rates therefor, for public ctive o
the obje
and forums among candidates in connection with elections. The Rules of Court applies suppletorily to proceedings before the
holding free, orderly, honest, peaceful, and cred
ible Comelec. Pangarungan v. Comelec, 216 SCRA 522 (1992).
suspension of
“Sec, 5. No pardon, amnesty, parole, or Sec. 52.4. — Legislative control
, rule s and regu lations shall
sentence for violation of election laws
be granted by the President without the favo rabl e reco mmen dation The Constitution provides that “Each Commission shall perform
of the Commission. such other functions as may be provided by law.” Const., Art. IX-A, § 8.

“Gec. 6. A free and open party system shall

be allowed t The power to regulate the manner of conducting elections, to
g
evolve accordin to the free choi ce of the peop le, subject to the prescribe the form of the official ballot, and to provide for the manner
provisions of this Article. in which candidates shall be chosen is inherently and historically
legislative. Occena v. Comelec, 95 SCRA 775 (1980).
“Sec, 7, Novotes cast in favor ofa political party, organization
ed undert
or coalition shall be valid, except for those register Sec. 52.5, — History and purpose of Comelec
party-list system as provided in this Constitu‘ tion. . A “quick flashback” of the Comelec’s “history is necessary lest
oF coalitionons
8. Political parties, or organizations
“Sec fi “
Sec, our efforts be lost in the labyrinth of time.” The Comelec was organized
registered under the party-list system, shall not be represen under Commonwealth Act No, 607 enacted on August 22, 1940.
nspector
pau voters’ registration bourds, boards of election inspe™ = Power to enforce our election laws was originally vested in the
: 6 of canvassers, or other similar bodies, However, they * ae and exercised through the Department of Interior. According
¢ entitled to appoint poll watchers in accordance with law: |
thie Sinco, the view ultimately emerged that an independent
“Sec. 9. Unless otherwise fixed b : «eign in Spe a
: mt ¥ could better protect the right of suffrage of our people. Hence,
‘ y the Commission
period shall commence ninety days fore € enforcement of our election laws, with an executive power, was
wee
thereafter
Yor election and shall end thirty days
 87
S: ARTICLE VII
LECTION! AW ON ELECTIONS
THE COMMISSION
ae
,, oved
creation, the Comeleg sioners can only be rem
om a statutory of the 1940 amendn es (3) The Chairman and the Commis
Comelec. Fr py virtue Art. XI, § 2.
transferredt othe on be y k effect on December 2, 194 impeachme nt, Const.
ns ti tu ri al from office by
transformed to ac
o
ich [0 its own officials and employees.
stitut ion wh - exclusive Chary,
pe powe 5 to “have (4) The Comelec appoints
to the 1935 Con anted the e e send
tive to to th * , § 4.
Const. Art, IX-A
nero us ly gr re
Comelee was ge of all lawsys relative oved
ys fiscal autonomy, and its appr
on broadengy
t and 'adulmii ni 1973 Constitution. It further
st ra ti
of the enforcemen (5) The Comelec enjo y rele ased
n came the of all elect, ns
or special appropriatio sh all
be auto mati call
of elections. ” The
by making it the sole judge annual, regular, t, Art. IX-A , § 5; Art. IX-C , §
Comelec . ns
the powers of and qualifications of Member upon certificat
ion by th ¢ Chairman Co
the election. returns
con tes ts rel ati ng (0
provincial and city officials, j
ature and and elective I.
of the national legisl dicial power aside from its traditiong be permitted to discharge its const
itutional
fine, the Comelee
was giv en JU The Comelec should n, subject only to revi ew by
The 1987 Constitutiog ction or molestatio
and executive funeti ons. role without obstru
admini str ati ve
the Com ele c. Today, the Comelg as the occasion ma y w arran t. GAD v.
cke ned this tre nd of strengthening the Supreme Court when and
qui .
enforces and administers all
laws and regulati ons relative to the condye, Comelec, 150 SCRA 665 (1987)
referenda and recalls. Election latitude in devising means
of elections, plebiscites, initiatives, and city elective officials ar It should be allowed considera
ble
contests involving regional, provi ncial lishment of the objective for
All contests involving elective and methods that will insure the accomp s. 5. umulong v.
under its exclusive original jurisdiction, ated — free, orderly and honest election
which it was cre
its appellate jurisdiction,
municipal and barangay officials are under Comelec, 73 Phil. 288 (1941).
).
Loong v. Comelec, 305 SCRA 832 (1999
man and mem-
onal body Sec. 52.7. — Composition; qualifications of Chair
Sec. 52.6. — Comelec as independent constituti bers
dent,”
“The Constitutional Commissions, which shall be indepen The Constitution provides that “There shall be a Commission
Art. IX-A, § 1.
include the Commis sion on Electio ns. Const.
[on Elections] composed of a Chairman and six Commissioners who
Our fundamental law has placed the agency charged with the shall be natural-born citizens of the Philippines and, at the time of
enforcement and administration of all laws relative to the conduct of their appointment, at least thirty-five years of age, holders ofa college
elections beyond the control of the Executive and beyond the power ¢! degree, and must not have been candidates for any elective position
: — i“ abolish it, in addition to adopting other measures tending babs! immediately preceding elections. However, a majority thereof,
¢ thereto a reasonable degree of independe nce, Ututalum * wee es shall be members of the Philippine Bar who
Comelec, 14 SCRA 465 (1965). An IRC Lae i 7 practice of law for at least ten years.” Const,
ch
‘ Among the constituti onal prov so ions desig
'
ned to secur e %
indepe ndence includ e: provis oe in the practice of law does not have to be habitual nor in-
(1) The ¢ Chai : oners shall be appointed fot
Chairman and Commissi Ourtroom practice. Cayetano v. Monsod, 201 SCRA 210 (1991).
‘ ut
a term of sev en years witho reappointment. In no case shall any
58
! ec. i: 52.8. — Appointment,
:
term of office, and salary
pointed or desi
Member be appoj in a temporary or acting capacity
Const, Art. IX-C, $1, ‘i a Piegien
T i .
ne and the Commissioners shall be appointed by the
The sal ary of the Chai.rman and the Commissioners shall be Gmatene © consent of the Commission on Appointments for a
(2)
fixed by law and Minar years without reappointment. Of those first appointed
IX-A, § 3, shall not be decreased during their tenure. Const ers shall hold office for seven years, two Members for ve

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 ELECTION LAWS
ARTICLE VII 89
THE COMMISSION ON ELECTIONS

ree years, thewith out reappoint

‘ ' em be rs s for th only for unexpired term ene the ratification of this Constitution, unless they are sooner removed for
pointed or designat :
Appun . a shall any Member be ap cause or become incapacitated to discharge the duties of their office
. par. (2), or appointed to anew term thereunder,” contemplates “tenure” not
ing cap aci ty. Co nst, Art IN-G, $1
3 oan a act
cembe “term” of the incumbent Chairmen and Members of the Commissions.
140335, De
sion on Adit, GR. No. However, the transitory provisions do not affect the term of office fixed
siienlliies Commis in vo lv in g the Civil Senn
te d De ce mber 13. 20 in Article LX, providing for a seven-five-three year rotational interval for
13, 2008. pr om ul ga onal Commissio,
Co melec Is 8 Constituti the first appointees under the Constitution.” Gaminde v, Commission
Commission which like the
preme Coun
and shares common provis:ons on [erm of office, the Su
on Audit, supra.

relied A Commissioner may be promoted and appointed as Chairman,

“The appropriate starting point of the terms of office of the provided his term as Commissioner and Chairman is not increased to
first appountees to the Constitutional Commissions under the 1937 more than seven years in all. When he is promoted, he leaves his fixed
Constimabon must be on February 02, 1987, the date of the adoption of line of succession, which becomes vacant, and enters the fixed line of
succession of the Chairman. Nacionalista Party v. De Vera, 85 Phil.
the [987 Constrtution. In case ofa belated appointment or qualification
the mmterval between the start of the term and the actual qualification of 126 (1949); Republic v. Imperial, 96 Phil. 770 (1955).
the appomtee must be counted against the latter. The term “ad interim appointment,” as used in the letters of
in the law of public officers, there is a settled distinction between appointment signed by the President, in favor of Alfredo L. Benipayo,
“term” and “tenure.” The term of an office must be distinguished from as Chairman of the Comelec, Resurreccion Z. Borra and Florentino
the tenure of the incumbent. The term means the time during which the A. Tuason, Jr, as Comelec Commissioners, means a permanent
officer may claim m hold office as of right, and fixes the interval after appointment made by the President in the meantime that Congress is in
whach the several incumbents shall succeed one another. The tenur recess. It does not mean a temporary appointment that can be withdrawn
or revoked at any time. Thus, the appointments do not constitute
a the term during which the incumbent actually holds th temporary or acting appointments prohibited by Article [X-C, Section
oan office is not affected by the hold-over. The tenv® 1(2) of the Constitution.
ox the term for reasons within
or beyond the power
A disapproved ad interim appointment cannot be revived by
another ad interim appointment because the disapproval is final
ne raine tt February 02. 1987 which was the date under Section 16, Article VII of the Constitution, and not because a
‘ Sastuiution upon its ratification
was the proper $ reappointment is prohibited under Section 1(2), Article IX-C of the
Penn © ofc ofthe fist appointees to the Constitui Constitution. A by-passed ad interim appointment can be revived by a
Consdered “tne ae 7-5-3 year terms, the Supreme - new ad interim appointment because there is no final disapproval under
DUC), Scere ico language
of Article [X(B), Section 1(2), AT! Section 16, Article VII of the Constitution, and such new appointment
Conszration: ther a A IX(D). Section 1(2) of the 1% Will not result in the appointee serving beyond the fixed term of seven
Members of the tY Prescribed a seven year term of office years,
tt fr fhe few wprcintens is ions, without re inten The framers of the Constitution made it quite clear that any
person
Spm terms of seven, five and three _ withoe r — whether for
{0 no case . who has served any term of office as Comelec membe
Sa
Sp or des
or ae capen” Member be appointed ignated
8 full term of seven years, a truncated term of five or three
or
years,
any length of time — can no longer be
¢ven for an unexpired term of ,
Teappointed to the Comelec. Matibag v. Benipayo, G.R. No. 149036
April 2, 2002,
 ELECTION LAWS ARTICLE Vil 91

Nc
THE COMMISSION ON ELECTIONS

S o c #0 act ay
al as anan

ie acre designato z
of the SOHCHIN. Gener
licitor
was HELD that it arrogated unto
which dis! missed petitioner's appeal, it
ly lodged in the Commission en banc as
itself a po’ wer constitutional
of the Come it 101 (1949):
+», Bautista, 85 Phil a ae rovided under Sec, 3, Article [X-C of the Constit ution which states
Party ¥. President's designation of an Acting Chairmay division, provided
Fat “election cases shall be heard and decided in
So, too is the vrmnissioners unconstitutional. However, the be decided by the
0 that motions for reconsideration of decisions shall
from among the com temporary chairman from amo Commission ert banc.” Hence, the Order issued
by the First Division of
— may a “Brillantes v, Yorac, 192 SCRA 35 the COMELEC dated January 9, 2009, denying petitioner’s motion for
themselves by a may ° c, G.R. No. 186201,
reconsideration, is null and void. Barro v. Comele
(1990). October 9, 2009.
The Chairman
and the Commissioners may be removed from
d conviction of, culpable violation of
the When the Commission en banc is equally divided in opinion, or
office on impeachment for ani the necessary majority cannot be had, the case shall be reheard,
and
other high crimes, or graft and corruption,
Constitution, treason, bribery. if on rehearing no decision is reached, the action or proceeding shall
Const., Art. XI, § 2.
be dismissed if originally commenced in the Commission, in appealed
shall be fixed
The salary of the Chairman and the Commissioner cases, the judgment or order appealed from shall stand affirmed; and in
tenure. Const., Art. IX.
by law and shall not be decreased during their all incidental matters, the petition or motion shall be denied.
A, § 3. of the Comelec.
Majority, in this case, meansa vote of four members
The Court in Estrella v. Comelec, G.R. No. 160465, May 27, 2004, 429
Sec. 52.9. — Prohibitions and disqualifications
SCRA 789, pronounced that Section 5(a) of Rule 3 of the Comelec
“No Member of a Constitutional Commission shall, during his Rules of Procedure and Section 7 of Article LX-A of the Constitution
tenure, bold any other office or employment. Neither shall he engage require that a majority vote of all the members of the Comelec, and
the practice of any profession or in the active management or control of not only those who participated and took part in the deliberations, is
any business which in any way may be affected by the functions of bs necessary for the pronouncement of a decision, resolution, order or
office, nor shall he be financially interested, directly or indirectly, in as) tuling. Marcoleta v. Comelec, G.R. No. 181377, April 24, 2009.
contract with, or in any franchise or privilege granted by the Gover™ The Supreme Court has consistently ruled that the requirement
ment, any of its subdivisions, agencies, or instrumentalities, includitt
mandating the hearing and decision of election cases, including pre-
Coin, toe 124, 2 controlled corporations or their subsidianes Proclamation controversies, at the first instance by a division of the
COMELEC, and not by the poll body as a whole, is mandatory and
Sec. 52.10. — Sits en ban Jurisdictional. Indeed, as the Constitution, Article IX-C, Sec. 3 is couched
e or division
in simple language and yields to no other interpretation than what its
sides — may sit en banc or in two divisions, and si! Plain meaning presents, itis imperative for the Supreme Court to enforce
sca a of procedure in order to expedite dispositio® 4 its indelible import and spirit to the fullest, any decision, resolution
or
lection cases shall uding pre-proclamation
A controversies. All SY Sinn ne of the Comelec which runs counter to it notwithstanding.
a
Comelec en bane
Se ion and decided in division, provided ™
of decisions shall be decided by
ei y put, the Commission en banc does not have jurisdiction in the
-” Const, Art. IX-C. §3, Srost stance, whether original or appellate, over election cases, pre-
’ Ss fier controversies and incidents thereof. When such disputes
“S¢wn OFmele shal deibeforede b pedo
ny si iia ae or elevated to the Commission, they have to be heard
matter brought vote of all its membe ia a Icated first at the division level. Doubtless, SPC No. 01-063
WHERE@.g it. Const, Ary IX.
Eoin for be on Fie Division of the COM A, § 7. i ner’
‘ 75 are pre-proclamation controversies, involving as they do
ideration of itg final ELEC resolved petiti? 00 the all ged illegality of the canvassing proceedings and the
purported
Order dated November 25:7
——
ARTICLE Vil

ELECTION LAWS THE COMMISSION ON ELECTIONS

92
1C, § 24 not in accord but
i¢ clear from the OE
19. 2. Municipal Circuit Trial Courts, is
ec ti on re tu rn s. ii aia Trial Courts and of the 1987 Constitution The
ring of certain el R. Nos. 153
ca th Sect ion 3, Artic le IN-C
ma in conflict wT ert hen
melec, G. at elect Courthereby sets aside the Resolutron of the Comelee
kates y. Co - + .k
oera — Abad
nsiation A to assign t he case to one of its divisions.
It is clear from theCo and orders the Comelec
s
e “ Comelec, 378 Phil. 253.
of ee iy ts Wee Th
repre Oy @ Division euuile r y
- eaPh to hear and decide election cases, including pre-
ne | ince e The power
nc i not e‘
ee te sitt: ing en ba ance. Sa rm Jamation controy ersies, at the first instance
pertains to the divisions
at the first inst er bare as
decide the sa
me of the Commission and any decision by the Commission
307 (1992). aoe pre-proclamation controversies,
and
clearly regards election cases, including
the 1987 Constitution which
IX-C ofcontrov instance
by it at the first is null
ion 3 of Articleemation
Section ersies must be first heard and incidents thereof decided or resolved September 5, 2000, 339
ocl No. 139853,
mandates that pre-pr and then by the en ébane if and void. Soller v. C ‘omelec, G.R.
isi on t COM ELE
of f the i C,
decided by a div
ed. Thi s CCourt has consistently SCRA 685.
ide ration were
ion for rec ons of election cases, However, not all cases relating to election laws file
d before the
nt of hearing and decision
mot
ruled that the requireme first instance by a by a divisio n Under the Con-
tion controversies, at the Comelec are required to be first heard
including pre-proclama who le, Is mandatory bot h admi nist rati ve and quas i-ju dicral
and not by it as a stitution, the Comelec exercises
division of the COMELEC, Come lec, G.R. Nos. 153991- s falling within
and jurisdictional. (See Balind
ong ¥. powers. The Comelec er bane can act directly on matter
591-592; Baytan ¥. Comelec It is only when the exercise of quasi-judicial
92, October 16, 2003, 413 SCRA 583, its administrative powers.
SCRA 70 3, 716; Jaramilla is mandated to decide cases first
G.R. No. 153945, February 4, 2003, 396 powers are involved that the Comelee
vy. Cometlec, supra note 18, at 341). The constituti
onal provision yield in division, and then, upon motion for reconsideration, en banc, Cani-
to no other interpretation other than w ‘hat its plain meaning presen’ cosa v. Cometec, 282 SCRA $12 (1977); Baytan v, Comelec, G. R.
No,
Arbonida v. Comelec, GR. No. 167137, March 14, 2007. 153945, February 4, 2003; Municipal Board of Canvassers of ( lan vy

| the Comelec, GR. No. 150946, October 23, 2003.

Private respondent Benzonan, a mayoralty candidate
municipality of Glan, Sarangani, filed her pre-proclamation case direct) The Comelee en bane may dismiss a petition claimed to be a
with the Comelec en banc and the case was subsequently decided by the
Pre-proclamation case when in fact it is an election protest. Borja ¥
Comelec, sitting en bane. SPC No. 01-032 involves a pre-pr oclamali® Comelec, 160 SCRA 604 (1996).
controversy that requires the exercise of the Comelec’s quas!-judi s
powers, as the illegality of the composition and proceedings of the MBL postponement, declaration of failure of election and the
call The
including the falsification of election returns and certificate of capve
be Fa: of special elections as provided in OFC, §§ 5, 6 and 7 shall
tls
re ided by the Comelec sitting en banc by a majority vote of
Se to be in issue, OEC, §§ 241 and 242. Thethatprocedu
the Supt members. R.A, No. 7166, § 4.
Court vie eae im a resolution in her favor
han docs ne tNrae and void and set aside. The Comelee sit’ tain 2-1 decision rendered by a division of the Comelec 18 a valid
Cases in the first i authonity to hear and decide elect? aff on under the Constitution. A 3-5 decision of the Comelec en bane
Commission and any devisi ita? pertains to the divisions of Schase the decision of the division 1s also valid. Cua v, Comelec, 156
clection cases decided by it on by the Commission en banc as ree
582 (1987).
q prsdiction, e oY tin the first instance is null and void for
Municipal
"KNo, 150946
, Octaber 23 vesuers See. 52.11, — Practice tip
2000
0 : =o
Comacen anton No 2874 which all ; o It ts advisable for counsel should file a motion for reconsideration
ta decision, order, or ruling of the Comelec sitting as a division
direct re
Tom decisionsof i
Trial Courts, Mame
Metropolitan
sm

4 ELECTION LAWS 9
ARTICLE VII
THE COMMISSION ON ELECTIONS
4 petition for certiorg,; 7
with the Comelec en banc before filinOFg ruling of ~ Comelee Wi determination
quasi-judicial power and functions involve the hearing and
the Supreme Court. A decision, order, certiorari refers to that of §§ 52.63 et. seq.
t on of controversies relating to elections.
may be brought to the Supreme Cour
ruling ofa division may mat The difficulty lies in drawing the demarcation line betwee
n a
Comelec en banc. A decision, order or tly. Reyes y, RIC, and those which
orari direc duty which inherently is administrative in character
brought to the Supreme Court on certi). Phil. 268 (1958);
A 41 (1995 ra v. Comele c, 104
Oriental Mindoro, 244 SCR call for judicial action. Guevar
.
motion for reconsidergs
aware tha at
be ld Masangcay v. Comelec, 6 SCRA 27 (1962)
However, counsel shou
or decision of the Comelec ign,
of an en banc ruling, resolution, order 256 The administrative powers of the Comelec include the power
to
n
polling places, appoint electio
SCRA (1991). dete: mine the number and location of
allowed. Lozano v. Yorac, 203 voters, deputize, law
hardly enoyg officials and inspectors, conduct registration of
In any event, where under the circumstances there is enforcement agencies and government instrumentalit
ies to ensure free,
an en ban c decision ay
opportunity to move for a reconsideration of orderly, honest, peaceful and credible elections, register political parties,
tion s, dire ct resor t to &
to obtain a swift resolution before the elec ri is justifie,
organizations or coalitions, accredit citizens’ arms of
the Commission,
iora
Court through a special civil action for cert prosecute election offenses, and recommend to the President the
28, 2000.
ABS-CBN v. Comelec, G.R. No. 13348 6, Janu ary removal of or imposition of any other disciplinary action upon any
officer or employee it has deputized for violation or disregard of its
B. KINDS OF POWERS AND FUNCTIONS directive, order or decision. In addition, the Commission also has direct
control and supervision over all personnel involved in the conduct of
Sec. 52.12. — Express and implied powers election. Sandoval v. Comelec, G.R. No. 133842, January 26, 2000.
ed for by &
The powers and functions of Comelec are provid However, the resolution of the adverse claims of candidates as
Constitution. Const. Arts. IX-A and IX-C. regards the existence of a manifest error in a certificate of canvass
requires the Comelec to act as an arbiter. The Commission
The Election Code, OEC, §§ / et. seq., supplements what ob‘
must hear
both parties to determine the veracity of their allegations and to decide
Comelec, |
powers may be exercised by the Comelec. Guevarra % whether the alleged error is a manifest error. Hence, the resolution of this
Phil. 268 (1958). issue calls for the exercise by the Comelec of its quasi-judicial power.
#
Powers not expressly or impliedly granted to the Comelet Where a power rests in judgment or discretion, so that it is of judicial
deemed withheld. De Leon v. Imperial, 96 Phil. 840 (1954). nature or character, but does not involve the exercise of functions of
a Judge, or is conferred upon an officer other than a judicial officer,
Sec. 52.13, — Administrative, legislative, and judicial of quit it is deemed quasi-judicial. Sandoval v. Comelec, G.R. No. 133842,
Jannuary 26, 2000.
judicial powers
sed
functionsfof the Comelec may be ont os The Comelec is not a court of justice within the meaning of the
imi ecutive, legislative,
and judicial or 257 0 1 b ee courts are those bodies vested with judicial power
Filipinas Engineering and Machine Shop v. Ferret, = _ a ¢ Constitution. Nacionalista Party v. Vera, 85 Phil. 126 (1949);
(1985), ‘utalum v, Comelec, 14 SCRA 465 (1965).
i? Ss
Its administrative power and functions involve the en
and administration of the election laws, §§
f ec, 52.14, — Discretionary and ministerial functions
52.16 et seq: Its! i005 a The powers vested in the Comel lec may either
i i
power and functions involve the issuance of rules i ry
be discretiona
and)F°b pow umbing v. Comelec, G.R. No. 91545, June 18, 1990) or ministerial.
implement the election ldws and to exercise the legislati® «0
expressly delegated to it by Congress. §§ 52.61 et. seq. 1S)

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