ELECTION LAWS Technicalities of the legal

rules enunciated in the

election laws should not

Part 1: The Essentials Atty. Ma. Leny C. Ignalaga USPF College

of Law

OUTLINE:

1.
Election:
 Definition, Purpose
2.
Election Laws: Construction
3.
Classifications of Election: Regular and Special
4.
Elective Officials: National and Local
5.
Postponement and Failure of Election
I. ELECTION: Definition

How do you define election?
It is the means by which the people choose their officials
for a definite and fixed period and to whom they entrust
for the time being, the exercise of the powers of
government.
(Hontiveros v Altavos. 24 Phil. 636 [1913])
Either manual or automated system.
What is the basis for the phrase “people choose
their officials?”
I. ELECTION: Definition
How is election defined in its ordinary or
common use?
What are the “means” to choose officials?
It is based on the sovereign will or power of the people.
What does the phrase “definite and fixed period”
mean?
It refers to the term of office, which means a fixed and definite
period of time which the law describes that an officer may hold
an office.
It is the time during which an officer may claim to hold office as
a matter of right, and fixes the interval after which the several
incumbents shall succeed one another.
It is voting which includes the act of receiving and casting
the ballots, counting them and making the return.
How is election defined in the context of the It refers to the conduct of polls including registration, campaign,
casting, counting and canvassing of votes.
Constitution?

I. ELECTION: Definition

The Court agrees with the Solicitor General that the jurisdiction of the COMELEC
is over popular elections, the elected officials of which are determined through
the will of the electorate. An election is the embodiment of the popular will, the
expression of the sovereign power of the people. It involves the choice or selection of
candidates to public office by popular vote. Specifically, the term "election," in the
context of the Constitution, may refer to the conduct of the polls, including the
listing of voters, the holding of the electoral campaign, and the casting and
counting of the votes which do not characterize the election of officers in the
Katipunan ng mga barangay.

(Taule v. Santos, G.R. No. 90336, [August 12, 1991], 277 PHIL 584-606)

I. ELECTION: Definition
 Under the Constitution, the term “election” should be interpreted in its
totality, that it refers to the conduct of polls, registration of voters,
campaign and the casting and counting of votes. In making the Comelec the sole
judge of all contests involving the election, returns and
qualifications of Members of Congress, the Constitution intended to give it full
authority to hear and decide these cases from beginning to end
and on all related matters, including those arising before the
proclamation of winners.

(Javier v. Commission on Elections, G.R. Nos. L-68379-81, [September 22, 1986], 228 PHIL 193-211)

I. ELECTION: Purpose

The purpose of elections in a democratic society is to give the voters a direct participation in the affairs of
their government, either in determining who shall be their public officials or in deciding some question of
public interest; and for that purpose all the legal voters should be permitted, unhampered and unmolested, to
cast their ballot. When that is done, and no frauds have been committed, the ballot should be counted and the
election should not be declared null. Innocent voters should not be deprived of their participation in the affairs of
their government for mere irregularities on the part of election officers for which they are in no way responsible.

(Luna v. Rodriguez, G.R. No. 13744, [November 29, 1918], 39 PHIL 208-226)

II. ELECTION LAWS: Purpose

The absence of a specific
provision governing
substitution of candidates in
barangay elections can not be
inferred as a prohibition
against said substitution. Such
a restrictive construction
cannot be read into the law
where the same is not written.
xxx Technicalities and
procedural niceties in election
cases should not be made to stand in the way of the true will of the electorate. Laws governing election
contests must be liberally construed to the end that the will of the people in the choice of public officials may
not be defeated by mere technical objections

(Rulloda v. Commission on Elections, G.R. No. 154198, [January 20, 2003], 443 PHIL 649-656)

II. ELECTION LAWS: Construction

This Court has time and again
electoral laws of our country to
our people, for in case of
give life and spirit to the
the ballot. Otherwise stated,
stand in the way of the
(Frivaldo v. Commission on
[June 28, 1996], 327 PHIL
III.
CLASSIFICATIONS
Q. What are the kinds of election?
liberally and equitably construed the
give fullest effect to the manifest will of
doubt, political laws must be interpreted to
popular mandate freely expressed through
legal niceties and technicalities cannot
sovereign will.
Elections, G.R. Nos. 120295 & 123755,
521-598)
OF ELECTION:
Regular
1. Regular elections – refers to one provided by law
on such dates at regular intervals for the election of
 officers either nationwide or in certain subdivisions. Q. Is the Sangguniang Kabataan election
regular or special?
2. Special elections – refers to one held to fill a
vacancy before the expiration of the full term for which
Neither, based on the definition of a regular
the incumbent was elected. It is also held when there is
and special election.
failure of election.

III. CLASSIFICATIONS OF ELECTION: Special

Q. What are the requisites of special election after failure of election?

Lucero v Comelec, 234 SCRA 280 (1994)

There are two requisites for holding a special election:

1. There is failure of election
2. Failure affects the results of the election

Since only 175 votes separate them, the 213 votes in the polling place where election failed could still
 affect the results of the election. Hence, it is still statistically probable for the special election to affect
or change the final result of the election.

The delay is not attributable to the voters of the polling place where election failed but to the legal
maneuvers of parties. Thus, the holding of the special election almost two years after the regular
election is still “reasonable close to the date of election not held.”

III. SYSTEMS OF ELECTION

Q. What are the systems of election? “enforce and administer all laws and regulations relative to
the conduct of elections” is so broad as to cover all the
1. Manual system of election necessary and incidental powers for it to achieve the
objective of holding a free, orderly, honest, peaceful and
2. Automated system of election
credible elections.
Q. Can there be manual count during an
automated election?
Loong v Comelec, G.R. No. 133676, April 14, 1999
Manual counting during automated election is not
prohibited by law. The Constitutional grant of the power to
Q. Who are elective officials? The sole province of Ifugao cannot validly
1. President constitute the Cordillera Autonomous Region. The term
2. Vice-President region in its ordinary sense means two or
3. Senators more provinces. Ifugao is a province by itself. To
4. House of Representatives 5. Governors become part of a region, it must join other
6. Vice-Governors provinces, cities, municipalities, and geographical
7. SP and SB Members 8. ARMM Governors and Vice-Governors 9.
IV. ELECTIVE OFFICIALS ARMM Assemblymen
10. Mayors
11. Vice-Mayors
areas.
Q. Is there a Cordillera Autonomous Region?
Ordillo v Comelec, 192 SCRA 100 (1992)
IV. President: HOW ELECTED, TERM OF OFFICE AND TERM LIMIT

Q. How is the President elected? How long is his term of office and
 is there a limit to it?

The President and the Vice-President shall be elected by direct vote of the people for a term of six (6)
years which shall begin at noon of the same date six years thereafter. The President shall not be eligible for
any re-election. No person who has succeeded as President and has served as such for more than four years
shall be qualified for election to the same office at any time. (Article 7, Section 4 (1) 1987 Constitution)

Take note:
1. By a direct vote
2. For a term of 6 years
3. Not eligible for any re-election
IV. President: HOW ELECTED, TERM OF OFFICE AND TERM LIMIT

Q. What does the sentence “The President shall not be eligible for any re-election”
mean?
 It means that the Presidency is a once in a lifetime opportunity. He cannot be re-elected either
immediately after his term of office or after an interval of two or more terms.

Q. But why was Joseph Estrada allowed to run in 2010 after

having been elected in 1998?

The Comelec said that the provision applies to incumbent presidents only. It said the better policy
approach is to let the people decide who the next president is. For on political questions, this court may
err but the sovereign people will not.

IV. President: HOW ELECTED, TERM OF OFFICE AND TERM LIMIT

Pormento v Estrada, G.R. No. 191988, August 31, 2010

Issue:
What is the proper interpretation of the provision “The President shall not be eligible for any re-
election?
 Ruling:
The issue is now moot and academic. Since Estrada was not elected President for the second
time, any discussion of his “re-election” will simply be hypothetical and speculative. It will
serve no useful or practical purpose.

IV. President: HOW ELECTED, TERM OF OFFICE AND TERM LIMIT

Borja v Comelec, G.R. No. 133495, Sept. 3, 1998

Issue 1. Whether a vice-mayor who succeeds to the office of mayor by operation of

law and serves the remainder of the term is considered to have served a term in that
office for the purpose of the three-term limit.

Issue 2. How different is the effect of succession on term limit with the Vice
President.
Borja v Comelec, G.R. No. 133495, Sept. 3, 1998
Issue 1. Whether a vice-mayor who succeeds to the office of mayor by operation of law and
serves the remainder of the term is considered to have served a term in that office for the purpose
of the three-term limit.

1. No. If he is not serving a term for which he was elected because he is simply continuing the service of the official he
succeeds, such official cannot be considered to have fully served the term. The Constitution provides for succession of
the VP as President in the event of vacancy. It further provides that “No person who has succeeded as President and has
served as such for more than four years shall be qualified for election to the same office at any time.”

The absence of a similar provision on elective local officials throws in bold relief the difference between two cases. It
underscores the intent to cover only the terms of office to which one may have been elected for purpose of the three
term limit on local elective officials, disregarding for this purpose service by automatic succession.

A fundamental tenet of representative democracy is that the people should be allowed to choose those whom they
please to govern them. To bar the election of a local official because he has already served three terms, although the first
as a result of succession by operation of law rather than election, would therefore be to violate this principle.
Borja v Comelec, G.R. No. 133495, Sept. 3, 1998

Issue 2. How different is the effect of succession on term limit with the Vice-President.
 2. The Vice-President is elected primarily to succeed the President in the event of the latter’s death, permanent
disability, removal or resignation. While he may be appointed to the cabinet, his becoming so is entirely dependent on
the good graces of the President. In running for VP, he may this be said to also seek the President. For their part, the
electors likewise choose as VP the candidate who they think can fill the Presidency in the event it becomes vacant.
Hence, service in the Presidency for more than four years may rightly be considered as service for a full term.

This is not so in the case of the Vice-Mayor. Under the LGC, he is the presiding officer of the Sanggunian and he
appoints all officials and employees of such local assembly. He has distinct powers and functions, succession to
mayorship in the event of vacancy therein being only one of them. It cannot be said of him, as much as of the VP in the
event of a vacancy in the Presidency that in running for Vice-Mayor, he also seeks the mayorship. His assumption of the
mayorship in the event of vacancy is more a matter of chance than of design. Hence, his service in that office should not
be counted in the application of any term limit.

IV. President: Qualifications

Art VII, Sec 2, 1987 Constitution Philippines, a registered voter, able to read
and write, at least forty years of age on the
No person may be elected President unless day of the election, and a resident of the
he is a natural-born citizen of the Philippines for at least ten years
 immediately preceding such election. 3. Able to read and write
Take Note: 4. At least 40 years old on the day of the
election
1. Natural-born citizen of the Phils 2. 5. Resident of the Phils for at least 10 years,
Registered voter immediately preceding the elections.

IV. President: Qualifications

Q. Who are citizens of the Philippines?

1. Those who are citizens of the Philippines at the time of the adoption of this Constitution;
2. Those whose fathers or mothers are citizens of the Philippines;
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine Citizenship upon
reaching the age of majority;
4. Those who are naturalized in the accordance with law.
 Q. Who are natural-born citizens?
Natural-born citizens are those who are citizens of the Philippines from birth without having to
perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine
citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.

Qualifications: Natural-born Filipino

Q. Natural-born citizens are those who are citizens of the Philippines from
birth without having to perform any act to acquire or perfect their Philippine
citizenship. Is this rule absolute?

No, because it may be done through election. Article VI, Section 2 of the 1987 Constitution
provides that those born before January 17, 1973 of Filipino mothers who elect Philippine
citizenship upon reaching the age of majority, shall be deemed natural-born citizens.”
Fornier v Comelec, G.R. No. 161824, March 3, 2004
 Issue: Whether FPJ is a natural-born Filipino and thus did not materially
misrepresent his COC.

Yes. To trace, FPJ’s roots – FPJ’s grandfather died in Pangasinan in 1954, it could have been his residence
before death and he would have benefited from the “en masse Filipinization” of the Philippine Bill in 1902.
Having acquired Filipino citizenship, the grandfather extended it to his son, who is the father of FPJ.

Under Article 4, Section 1 (3) of the 1935 Constitution, the following are citizens of the Philippines: (3)
Those whose fathers are citizens of the Philippines.
Since FPJ has first seen light under the 1935 Constitution which confers citizenship to all persons whose
fathers are Filipino citizens regardless of whether such children are legitimate or illegitimate, he is a natural-
born Filipino because he did not need to perform any act to acquire or perfect his Filipino citizenship.

Qualifications: Residence of at least 10 years immediately preceding

the elections.

Q. How is residence treated under election laws? Residence is synonymous with domicile.
Marcos v Comelec, G.R. No. 119976, Sept. 18, 1995
It is the fact of residence, not a statement in the COC that is An individual does not lose his domicile even if he has
decisive whether an individual satisfies the residence maintained several residences for difference purposes over
requirement. Domicile means the individual’s permanent a long period of time. If none of these purposes point
home, a place to which whenever absent for business or unequivocally to an intention to abandon her domicile of
pleasure, one intends to return. origin, she retains it.
RATIONALE OF THE RESIDENCE REQUIREMENT

Torayno v Comelec, 337 SCRA 574

Yes. The Constitution or the law intends to prevent the possibility of a stranger or newcomer
unacquainted with the conditions and needs of a community and not identified with the latter from
seeking an elective office to serve that community. Such provision is aimed at excluding outsiders from
taking advantage of favorable circumstances existing in that community for electoral gain. Emano could
not be said to be a stranger or newcomer.
IV. VICE PRESIDENT: HOW ELECTED, TERM OF OFFICE AND TERM LIMIT

How is the VP elected? TERM-LIMIT

 Article VII, Section 4, 1987 Constitution successive terms. Voluntary resignation of the office
for any length of time shall not be considered as an
The President and the Vice-President shall be elected
by direct vote of the people for a term of six years
interruption in the continuity of the service for the full
which shall begin at noon on the thirtieth day of June term for which he was elected.
next following the day of the election and shall end
at noon of the same date six years thereafter. The
QUALIFICATIONS
President shall not be eligible for any reelection. No The Vice-President shall have the same qualifications and
person who has succeeded as President and has term of office and be elected with and in the same manner
served as such for more than four years shall be as the President. He may be removed from office in the
qualified for election to the same office at any time. same manner as the President.
No Vice-President shall serve for more than two
IV. VICE PRESIDENT: HOW ELECTED, TERM OF OFFICE AND TERM LIMIT
Q. How is voluntary renunciation defined in Aldovino v. Comelec?
It is an act of surrender based on the free will or loss of title to office by free choice.
It is an act of abandonment that emanates from the author.
 Q. Does preventive suspension interruption the term of office?
NO. Preventive suspension does not involve loss of title to office hence it cannot
interrupt the term of office
Q. How do you illustrate the sentence “No person who has succeeded as President and has served
as such for more than four years shall be qualified for election to the same office at any time?”

Joseph Estrada assumed the Presidency on June 30, 1998, but was forced by People Power II to step down on
January 2001. Thus, he served for only 2 years and 6 months, leaving a balance of 3 years and 6 months from
his 6-year term as president. Gloria Arroyo succeeded and served for 3 years and 6 months. Since she did not
serve for more than 4 years, she was able to run and win the Presidency in 2004.
IV. PRESIDENTIAL SUCCESSION IN CASE OF VACANCY

VACANCY AT THE START OF THE TERM
If the President-elect fails to qualify –The Vice-
President-elect shall act as President until the
President-elect shall have qualified.
If a President shall not have been chosen – The
Vice-President-elect shall act as President until a
President shall have been chosen and qualified.
If at the beginning of the term of the President, the
President elect shall have died or shall have
become permanently disabled – The Vice- In case of death, permanent disability, removal from
President-elect shall become President. office, or resignation of both the President and Vice
VACANCY ON MID-TERM President – The Senate President or, in case of his
In case of death, permanent disability, removal from inability, the Speaker of the House of Representatives,
office, or resignation of the President – The Vice shall then act as President until the President or Vice-
President shall become the President to serve the unexpired President shall have been elected and qualified.
term.
IV. RESIGNATION OF THE PRESIDENT

Estrada v. Desierto, G.R. No. 146710-15, Mar. 2, 2001

Issue: Whether Estrada has resigned as President before Arroyo took her oath as President

Yes. Elements of resignation are (1) there must be an intent to resign and (2) the intent must be coupled by
acts of relinquishment. It is not governed by any formal requirement – it can be oral, written, express or
implied. As regards the letter re: inability to govern, if it was prepared before the press release of the
petitioner clearly showing his resignation from the presidency, then the resignation must prevail as a later
act. If, however, it was prepared after the press release, still, it commands scant legal significance.
IV. VACANCY IN THE OFFICE OF THE VP, HOW FILLED

Article VII, Section 9, 1987 Constitution

SECTION 9. Whenever there is a vacancy in the Office of the Vice-President during the term
for which he was elected, the President shall nominate a Vice-President from among the
Members of the Senate and the House of Representatives who shall assume office upon
confirmation by a majority vote of all the Members of both Houses of the Congress, voting
separately.

Q. How is vacancy in the office of the Vice-President filled?

The President shall nominate a VP from among the Members of the Congress. Such
nomination shall be confirmed by a majority vote of all the Members of both Houses, voting
separately.
 IV. VACANCY IN THE OFFICE OF THE PRESIDENT AND VICE-PRESIDENT, HOW
FILLED

Article VII, Section 10, 1987 Constitution

The Congress shall, at ten o’clock in the morning of the third day after the vacancy in the offices of the
President and Vice-President occurs, convene in accordance with its rules without need of a call and within
seven days enact a law calling for a special election to elect a President and a Vice-President to be held not
earlier than forty-five days nor later than sixty days from the time of such call. The bill calling such special
election shall be deemed certified under paragraph 2, Section 26, Article VI of this Constitution and shall
become law upon its approval on third reading by the Congress.
IV. SENATORS: HOW ELECTED, TERM OF OFFICE AND TERM LIMIT

Q. How many members shall compose the Senate?

 24 members. Of the Senators elected in the election of 1992, the first twelve obtaining the highest number of
votes shall serve for six years and the remaining twelve for three years.

Q. How are senators elected?

They are elected at large by the qualified voters of the Philippines.
IV. SENATORS: HOW ELECTED, TERM OF OFFICE AND TERM LIMIT

Article VI, Section 4, 1987 Constitution

The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at
noon on the thirtieth day of June next following their election. '

No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office for any
length of time shall not be considered as an interruption in the continuity of his service for the full term for
which he was elected.

Q. What is the term of office and term limit of Senators?

The term of office shall be six years and they shall not serve for more than two consecutive terms.
 Q. What is the effect of voluntary renunciation of the office?
It shall not be considered as an interruption in the continuity of his service for the full term for which he was
elected.
IV. SENATORS: QUALIFICATIONS

Q. What are the qualifications to be a senator?

1. Natural-born citizen of the Philippines

2. At least thirty-five years of age on the day of the election
3. Able to read and write
4. A registered voter
5. A resident of the Philippines for not less than two years immediately preceding the day of the election.
IV. SENATORS: QUALIFICATIONS

Pimentel v Comelec, G.R. No. 161658, November 3, 2008

Issue: Can Congress or Comelec expand the qualification requirements of candidates for senator
under the Constitution?

Held: No. A law or an administrative rule violating any norm of the Constitution is null and void
and has no effect.
IV. MEMBERS OF THE HOUSE OF REPRESENTATIVES
COMPOSITION AND HOW ELECTED

Article VI, Section 5 (1), (2) & (4), Section 7 of 1987 Constitution

(1) 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 districts apportioned
among the provinces, cities, and the Metropolitan Manila area in accordance with the number of
their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as
provided by law, shall be elected through a party-list system of registered national, regional, and
sectoral parties or organizations.
IV. MEMBERS OF THE HOUSE OF REPRESENTATIVES
COMPOSITION AND HOW ELECTED
Article VI, Section 5 (1), (2) & (4), Section 7 of 1987 Constitution

(2) The party-list representatives shall constitute twenty per centum of the total number of
representatives including those under the party list. For three consecutive terms after the ratification
of this Constitution, one-half of the seats allocated to party-list representatives shall be filled, as
provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural
communities, women, youth, and such other sectors as may be provided by law, except the religious
sector.
IV. MEMBERS OF THE HOUSE OF REPRESENTATIVES
COMPOSITION AND HOW ELECTED

Article VI, Section 5 (1), (2) & (4), Section 7 of 1987 Constitution

4) Within three years following the return of every census, the Congress shall make a
reapportionment of legislative districts based on the standards provided in this section.
IV. MEMBERS OF THE HOUSE OF REPRESENTATIVES
TERM OF OFFICE
The Members of the House of Representatives shall be elected for a term of three years which shall
begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their
election. No Member of the House of Representatives shall serve for more than three consecutive
terms. Voluntary renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was elected.

Q. What is the term of office and term limit of the HREPs?

The Members of the House of Reps shall be elected for a term of 3 years and shall
not serve for more than 3 consecutive terms.
IV. MEMBERS OF THE HOUSE OF REPRESENTATIVES
QUALIICATIONS

Q. What are the qualifications to be a member of the HREP?

1. A natural-born citizen of the Philippines

2. At least twenty-five years of age on the day of the election
3. Able to read and write
 4. A registered voter in the district in which he shall be elected (except the party list
representatives)
5. A resident thereof for a period of not less than one year immediately preceding the day of the
election (except the party-list representatives)
IV. MEMBERS OF THE HOUSE OF REPRESENTATIVES
PURPOSE OF THE THREE-TERM LIMIT

Borja v Comelec, G.R. No. 133495, Sept. 3, 1998

Issue: Whether a vice-mayor who succeeds to the office of mayor by operation of law and serves the
remainder of the term is considered to have served a term in that office for the purpose of the three-term
limit.

Held: No. Under the Constitution, the three-term limitation refers to the term of office for which
the local official was elected. The purpose of this provision is to prevent a circumvention of the
limitation on the number of terms an elective local official may serve. If he is not serving a term
for which he was elected because he is simply continuing the service of the official he succeeds,
such official cannot be considered to have fully served the term notwithstanding his voluntary
 renunciation of office prior to its expiration. While the people should be protected from the evils
that a monopoly of political power may bring about, care should be taken that their freedom of
choice is not unduly curtailed.
IV. VACANCY IN THE SENATE OR HOUSE OF REPS
HOW FILLED

Article VI, Section 9, 1987

Constitution In case of vacancy in the Senate or in the House of Representatives, a special election may be
called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the House of
Representatives thus elected shall serve only for the unexpired term.

Q. How is vacancy in the Senate or HREP filled?

Through a special election called for such purpose. However, the person elected shall serve only for the
unexpired term.
IV. PARTY-LIST
REPRESENTATIVES OR NOMINEES
 Q. How many party-list representatives shall compose the HREP?

The party-list representatives shall constitute 20% of the total number of representatives including those
under the party list.

Q. What is the policy of the State?

The State shall promote proportional representation in the election of representatives to the House of
Representatives through a party-list system of registered national, regional and sectoral parties or
organizations or coalitions thereof, which will enable Filipino citizens belonging to marginalized and under-
represented sectors, organizations and parties, and who lack well-defined political constituencies but who
could contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a
whole, to become members of the House of Representatives.
IV. PARTY-LIST
QUALIFICATIONS

Q. What are the qualifications of party-list nominees?

1. Natural-born citizen of the Philippines
2. Registered voter
3. Resident of the Philippines for a period of not less than one (1) year immediately preceding the day of the
election
4. Able to read and write
5. Bona fide member of the party or organization which he seeks to represent for at least ninety (90) days
preceding the day of the election
6. At least twenty-five (25) years of age on the day of the election

Take Note: In case of a nominee of the youth sector, he must at least be 25 but not more than 30 years of age on
the day of the election. Any youth sectoral representative who attains the age of 30 during his term shall be
allowed to continue in office until the expiration of his term.
V. ELECTIVE LOCAL OFFICIALS
TERM OF OFFICE AND TERM LIMIT

Article X, Section 8, 1987 Constitution

The term of office of elective local officials, except barangay officials, which shall be determined by law, shall
be three years and no such official shall serve for more than three consecutive terms. Voluntary renunciation of
the office for any length of time shall not be considered as an interruption in the continuity of his service for the
full term for which he was elected.
Q. What is the term of office of elective local officials?

Term of office is 3 years and shall not serve for more than 3 consecutive terms. (Except
barangay officials – their term of office is determined by law)
IV. ELECTIVE LOCAL OFFICIALS
TERM OF OFFICE AND TERM LIMIT

Q. What is the term of office of barangay officials?

While the term for barangay officials is not constitutionally provided, the intent and design of the legislature to
limit their term to only 3 years as provided under the Local Government Code emerges as bright as the sunlight.
RA 6679 which provides for a term of five years was repealed by RA 7160 reducing it to 3 years. Basic is the
principle in statutory construction that between two laws with apparent irreconcilable conflict, the later law
prevails because it is the later legislative will.
David v Comelec, G.R. No. 127116, April 8, 1997
V. ELECTIVE LOCAL OFFICIALS
 QUALIFICATIONS

Q. What are the qualifications of elective local officials?

1. A citizen of the Philippines

2. A registered voter in the barangay, municipality, city, or province or, in the case of a member of the
Sangguniang Panlalawigan, Sangguniang Panlungsod, or Sangguniang Bayan, the district where he intends to be
elected
3. A resident therein for at least 1 year immediately preceding the day of the election '4. Able to read and write
Filipino or any other local language or dialect
IV. ELECTIVE LOCAL OFFICIALS
DISQUALIFICATIONS

Local Government Code of 1991, Section 40

Disqualifications. - The following persons are disqualified from running for any elective local position:
(a) Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by
one (1) year or more of imprisonment, within two (2) years after serving sentence;
(b) Those removed from office as a result of an administrative case;
(c) Those convicted by final judgment for violating the oath of allegiance to the Republic; (d) Those
with dual citizenship;
(e) Fugitives from justice in criminal or non-political cases here or abroad; (f) Permanent residents in a foreign
country or those who have acquired the right to reside abroad and continue to avail of the same right after the
effectivity of this Code; and (g) The insane or feeble-minded.
IV. ELECTIVE LOCAL OFFICIALS
NATURE OF BARANGAY ELECTIONS

Omnibus Election Code, Section 38

Conduct of elections. - The barangay election shall be non-partisan and shall be conducted in an expeditious and
inexpensive manner.

Q. What is the nature of the barangay elections?

It is non-partisan and must be conducted in an expeditious and inexpensive manner. Not

supporting, belonging to or biased in favor of any political party.
IV. ELECTIVE LOCAL OFFICIALS
 NATURE OF BARANGAY ELECTIONS

Q. What is the purpose of the nonpartisan character?

Barangay is the basic unit or the base of the pyramid of both social and political structure. It should be insulated
from divisive and debilitating partisan politics.

Q. What are the functions of barangay officials?

1. Have legislative and consultative powers

2. Act as agents of neutral community action such as distribution of basic services
3. Instruments in conducting plebiscites and referenda.
4. Settle local disputes
V. POSTPONEMENT OF ELECTION
GROUNDS

Q. What are the grounds for postponement of election?

1. Violence
2. Terrorism
3. Loss or destruction of election paraphernalia or records
4. Force majeure
5. Other analogous causes of such a nature that the holding of a free, orderly and honest election should become
impossible in any political subdivisions

Q. What is the process of postponement of election?

1. Motu proprio by the Comelec or upon a verified petition by any interested party 2. Due notice and
hearing where all parties are afforded equal opportunity to be heard
V. POSTPONEMENT OF ELECTION
JURISDICTION

Q. Who shall postpone elections?

The Commission sitting en banc by a majority vote of its members, motu proprio or upon verified petition by
any interested party, after due notice and hearing where all the interested parties are afforded equal opportunity
to be heard.

Benito v Comelec, G.R. No. 134913, January 19, 2001

 Q. Can the election officer postpone elections?
The election officer, on the basis of threats of violence and bloodshed, cannot by herself declare a
failure of election and reset it even with the agreement of the candidates.

Basher v Comelec, 330 SCRA 736

V. FAILURE OF ELECTION

Q. What are the grounds for declaration of failure of election?

1. Force majeure
2. Violence
3. Terrorism
4. Fraud
5. Other analogous causes the election in any polling place was not held:

Q. What are the 3 instances where a failure of election may be declared?

1. Election in any polling place was not held on the fixed date on account of force majeure, terrorism,
fraud, violence and other analogous cases.
 2. Election in any polling place had been suspended before the close of voting on account of force
majeure, terrorism, fraud, violence and other analogous cases.

3. After voting and during preparation and transmission of election returns or inter custody of canvass,
such election results in failure to elect on the same grounds.
V. FAILURE OF ELECTION
JURISDICTION

Q. Who declares failure of election?

The Commission sitting en banc by a majority vote of its members, motu proprio or upon verified petition by
any interested party, after due notice and hearing where all the interested parties are afforded equal opportunity
to be heard.

Q. When is the date of special elections after failed elections?

It must not be later than 30 days after cessation of causes like force majeure, violence, terrorism, fraud or
other analogous causes.
V. SPECIAL ELECTION
 1987 Constitution, Article VI, Section 9
In case of vacancy in the Senate or in the House of Representatives, a special election may be called to fill such
vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives thus
elected shall serve only for the unexpired term

FIXING DATE OF SPECIAL ELECTION

Pangandaman v. Comelec
The holding of elections within the next few months from the cessation of the cause may still be
considered reasonably close to the date of election not held.
V. SPECIAL ELECTION
REQUISITES

Q. What are the requisites to hold a special election?

There are two requisites for holding a special election:
1. There is failure of election
2. Failure affects the results of the election
Since only 175 votes separate them, the 213 votes in the polling place where election failed could still
affect the results of the election. Hence, it is still statistically probable for the special election to affect or
change the final result of the election.

The delay is not attributable to the voters of the polling place where election failed but to the legal
maneuvers of parties. Thus, the holding of the special election almost two years after the regular election
is still “reasonable close to the date of election not held.”
End of Part I