ELECTION LAWS
Embodiment of the popular will, the expression of the sovereign power of the
people.
Components:
Listing of votes
Regular election refers to an election participated in by those who possess the right of suffrage and not
disqualified by law and who are registered voters.
Special election is when there is failure of election on the scheduled date of regular election in a particular
place or which is conducted to fill up certain vacancies, as provided by law.
Political Parties
Definition (Omnibus Election Code)
An organized group of persons pursuing the same ideology, political ideas or platforms of government including
its branches and divisions.
1) Registered Parties:
4. Top 3 Political Parties entitled to appoint principal watcher and a copy of the
certificate of canvass
2) Non-registered parties
The status shall be deemed forfeited if the political party, singly or in coalition with others, fails to obtain at least
10% of the votes cast in the constituency in which it nominated and supported a candidate/s in the election next
following its registration. There shall be notice and hearing.
Candidates
1. No person shall be elected into public office unless he files his certificate of
candidacy within the prescribed period
2. No person shall be eligible for more than one office. If he/she files for more than
one position, he shall not be eligible for all unless he cancels all and retains one
3. The certificate of candidacy shall be filed by the candidate personally or by his duly
authorized representative.
2.1 Sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one
year or more of imprisonment within two years after serving sentence
2.3 Convicted by final judgment for violating the oath of allegiance to the Republic
2.6 Permanent residents in a foreign country or those who have acquired the right to reside abroad and
continue to avail of the same right
1. Nuisance candidate
* Disqualifications (from continuing as a candidate or from holding the office if already elected):
Any candidate, who in an action or protest in which he is a party is declared by final decision of a competent
court guilty of, or is found by the Commission of having:
1. Any candidate who has been declared by final judgment to be disqualified shall
NOT be voted for. The votes cast in his favor shall not be counted.
2. If the candidate is not disqualified by final judgment before the election and
receives the highest number of votes in the election, the court or COMELEC will
continue with the trial and hearing of the action, inquiry or protest. Upon motion of
the complainant or intervenor, the court or COMELEC may order the suspension of
the proclamation of the candidate whenever the evidence of his guilt is strong.
Nuisance Candidates
A. The term refers to candidates who have no bona fide intention to run for the office for which the certificate
of candidacy has been filed and would thus prevent a faithful determination of the true will of the people.
B. Power of COMELEC
2. To cause confusion among the voters by the similarity of the names of the
registered candidates
3. Other circumstances which clearly demonstrate that the candidate has no bona
fide intention to run for the office
B. The petition should be filed not later than 25 days from the filing of the certificate of candidacy.
C. It should be decided not later than 15 days before the election, after due notice and hearing.
Definition
1) It refers to an act designed to promote the election or defeat of a particular candidate/s to a public office
2) It includes:
A. Forming organizations, associations, clubs, committees or other groups of persons for the purpose of
soliciting votes and/or undertaking any campaign for or against a candidate.
B. Holding political caucuses, conferences, meetings, rallies, parades or other similar assemblies for the
purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate.
C. Making speeches, announcements or commentaries or holding interviews for or against the election of any
candidate for public office.
D. Publishing or distributing campaign literature or materials designed to support or oppose the election of any
candidate.
3) When the acts enumerated above are NOT considered an election campaign/partisan political activity.
If the acts are performed for the purpose of enhancing the chances of aspirants for nomination for candidacy to
a public office by a political party, aggroupment, or coalition of parties.
Important Features:
1) Repeal of Sec. 67 of the OEC Now, any ELECTIVE official, whether national or local, running for any office
other than the one which he is holding in a permanent capacity shall not be considered ipso facto resigned from
his office upon the filing of his certificate of candidacy.
2) Lifting of the Political Ad Ban Written and Printed Materials (8.5 W x 14L)
Letters
Posters (2 x 3) in common-private poster areas ( not more than 10 public places per political party or
independent candidate, 12 16), private places and public places
Television: 120 minutes for candidate for nationally elective office and 60 for local
Radio: 180 minutes for candidate for nationally elective office and 90 for local
COMELEC free space (3 national newspaper for nationally elective officials and 1 national newspaper for local)
and airtime
(3 national television networks for nationally elective officials and 1 station for local ) : equal allocation for all
candidates for 3 calendar days
P 3 for other candidates for every voter currently registered in the constituency
Voters
Qualifications
Residence
1. He /she should have resided in the Philippines for one year and
Residence Requirement
If the transfer of residence is due to any of the following reasons, the person concerned will be deemed NOT to
have lost his original residence:
A: No more, because 8189 (7) provides for such only for the May 98 elections
Disqualifications
A. If sentenced by final judgment to suffer imprisonment for not less than 1 year and such disability was not
removed by plenary pardon or has not been granted amnesty. However, any person disqualified to vote shall
automatically reacquire the right to vote upon expiration of 5 years after service of sentence.
B. Any person who has been adjudged by final judgment by competent court or tribunal of having committed
any crime involving disloyalty to the duly constituted government such as rebellion or any crime against
national security:
1. UNLESS restored to his full civil and political rights in accordance with law.
2. However, he shall regain his right to vote automatically upon expiration of 5 years after service of sentence.
A. The municipal and metropolitan trial courts shall have original and exclusive jurisdiction over all matters of
inclusion and exclusion of voters from the list in their respective municipalities or cities. Petition filed at any time
except 105 days before regular election or 75 days before special election
B. Decisions may be appealed to the RTC within 5 days from receipt of notice of decision.
C. RTC will decide the appeal within 10 days. Decision is final and executory.
D. Note: Relate this to Article IX of the Constitution which provides that the COMELEC has no jurisdiction over
questions involving the right to vote.
E. Exclusion is through sworn petition and not later than 100 days before regular election; 65 days before
special election
Deactivation/ Reactivation
Exclusion/ Inclusion
New voters
Transfer of Residence
Affidavit
Not later than 120 days before regular election and 90 days before special election
Annulment of Book of Voters is through verified petition; notice and hearing; not prepared in accordance with
law or prepared through fraud, bribery, forgery, impersonation, intimidation, force, any similar irregularity or
which contains data that are statistically improbable
Postponement of Election
Causes
Violence
Terrorism
Force majeure
Effect
It is impossible to hold a free, orderly and honest election in any political subdivision
COMELEC can postpone the election (when decided by a majority vote of the COMELEC sitting en banc, RA
7166):
A. Motu proprio
B. Upon a verified petition by any interested party, after due notice and hearing
The date of the postponed election should be reasonably close to the date of the election not held, suspended,
or which resulted in a failure to elect. It should not be later than 30 days after the cessation of the cause for
such postponement or suspension of the election or failure to elect.
Failure of Election
Causes
Force majeure
Violence
Terrorism
Fraud
Under RA 7166, the causes for the declaration of the failure of election may occur before or after the casting of
votes or on the day of the election.
A. Election in any polling place was not held on the date fixed;
B. Election was suspended before the hour fixed by law for the closing of the voting
C. Elections results in a failure to elect (after the voting and during the preparation and transmission of
the election returns or in the custody or canvass thereof)
AND the failure or suspension of the election would affect the result of the election
Remedy
COMELEC can call for the holding or continuation of the election not held, suspended, or which resulted in a
failure to elect. The election should be held not later than 30 days after the cessation of the cause of the
postponement or suspension of the election or failure to elect. This is decided by the COMELEC, by a majority
vote of its members, sitting en banc.
Any party already registered need not register anew. File manifestation not later
than 90 days before election.
2. Advocates violence
8. Failed to participate in the last two preceding elections or fails to obtain at least 2%
of the votes cast under the party-list system in the 2 preceding elections for the
constituency in which it has registered
Nomination of party-list reps should not include any candidate for any elective office or a person who has lost
his bid for an elective office in the immediately preceding election
Incumbent sectoral representatives in the House of Representatives who are nominated in the party-list system
shall not be considered resigned
Party List Reps constitute 20% of the total number of the members of the House of Reps including those under
the party-list
How do we determine the number of party list seats in the House of Reps?
There are presently 208 legislative districts, according to the Veterans Federation
Case
The 5 major political parties are now entitled to participate in the party list system
Parties receiving at least 2% of the total votes cast for the party-list system shall be
entitled to one seat each
Currently, there are 260 seats. So 20 % of 260 is 52 seats. But this is only a
ceiling.
A list with 5 names should be submitted to COMELEC as to who will represent the
party in the Congress. Ranking in the list submitted determines who shall
represent party or organization.
Rules for Appreciation of Ballots
Incumbency / Surname
Pre-Proclamation Controversies
Definition
1. It would also refer to any matter raised under Sections 233, 234, 235, and 236 of
the Omnibus Election Code in relation to the preparation, transmission, receipt,
custody, and appreciation of the election returns. (Board of canvassers have
original jurisdiction while COMELEC have appellate jurisdiction)
C. Those that can be filed with COMELEC directly are the ff:
Recount
There can be a recount under the grounds of 234-236. The returns involved will affect the results and the
integrity of the ballot box has been preserved
2. The canvassed election returns are incomplete, contain material defects, appear to
be tampered with or falsified, or contain discrepancies in the same returns or in
authentic copies thereof.
3. The election returns were prepared under duress, threats, coercion, or intimidation,
or they are obviously manufactured, or not authentic.
Procedure
Matters relating to the preparation, transmission, receipt, custody and appreciation of the election returns, and
certificate of canvass, should be brought in the first instance before the board of canvassers only.
2. Its decision shall be executory after the lapse of 5 days from receipt by the losing
party of the decision, unless restrained by the SC.
It suspends the running of the period within which to file an election protest or quo warranto proceedings.
Pre-proclamation cases on matters relating to the preparation, transmission, receipt, custody and appreciation
of the election returns or the certificates of canvass NOT allowed in elections for: (under RA 7166)
President
Vice-President
Senator
BUT: The appropriate canvassing body motu propio or upon written complaint of an interested person can
correct manifest errors in the certificate of canvass or election returns before it.
BUT: Questions affecting the composition or proceedings of the board of canvassers may be initiated in the
board or directly with COMELEC.
B. This is without prejudice to the filing of a regular election protest by the aggrieved party.
1. The COMELEC determines that the petition is meritorious and issues an order for
the proceedings to continue or
2. The Supreme Court issues an order for the proceedings to continue in a petition
for certiorari.
Election Contest
Original Jurisdiction
COMELEC has ORIGINAL jurisdiction over contests relating to the elections, returns, qualifications of all
elective:
Regional
Provincial
City officials
Appellate Jurisdiction
Any candidate who has duly filed a certificate of candidacy and has been voted for the same office
The defeated candidate seeks to outs the proclaimed winner and claims the seat.
Provision that decisions, final orders, rulings of the Commission on election contests involving municipal and
barangay offices are final, executory and not appealable:
A. This only applies to questions of FACT. ( Flores v. COMELEC, 184 SCRA 484)
B. It does NOT preclude a special civil action of certiorari. (Galido v. COMELEC, Jan. 18,1991)
2) Jurisdiction
A. Pre-proclamation controversy
B. Election contest
3) In some cases, even if the case (involving municipal officials) began with the COMELEC before
proclamation but a proclamation is made before the controversy is resolved, it ceases to be a pre-proclamation
controversy and becomes an election contest cognizable by the RTC.
4) However, in some cases, the SC has recognized the jurisdiction of COMELEC over municipal cases
even after proclamation. Relate to the provision in RA 7166 allowing pre-proclamation controversy proceedings
to continue even after a proclamation has been made.
A. Covered acts
2. Making or offer to make any expenditure, directly or indirectly, or cause an expenditure to be made to any
person, association, corporation, entity or community
3.Soliciting or receiving, directly or indirectly, any expenditure or promise of any office or employment, public or
private
B. Purpose of acts
1. To induce anyone or the public in general to vote for or against any candidate or withhold his vote in the
election or
2. To vote for or against any aspirant for the nomination or choice of a candidate in a convention or similar
selection
Proof that at least one voter in different precincts representing at least 20% of the total precincts in any
municipality, city or province has been offered, promised or given money, valuable consideration or other
expenditure by a candidate relatives, leaders and/or sympathizsrs for the purpose of promoting the election of
such candidate.
Proof affects at least 20% of the precincts of the municipality, city or province to which the public office aspired
for by the favored candidate relates. This will constitute a disputable presumption of the involvement of such
candidate and of his principal campaign managers in each of the municipalities concerned in the conspiracy
Coercion of a subordinate
1. public officer
4. employer/landowner
B. Prohibited acts
Appointment of new employees, creation of new position, promotion or giving salary increases:
A. Who can be held liable: Any head/official/appointing officer of a government office, agency or
instrumentality, whether national or local, including GOCCs.
B. Prohibited acts
D. Exceptions
B. Prohibited acts:
The release, disbursement or expenditure of public funds for any and other kinds of public works
D. Exception
3. payment for the usual cooperation for working drawings, specfications and other
procedures preparatory to actual construction including the purchase of material
and equipment and incidental expenses for wages.
5. Ongoing public work projects commenced before the campaign period or similar
projects under foreign agreements.
A. General rule: public official CANNOT suspend any of the officers enumerated above during the election
period.
B. Exceptions
2. Suspension is for the purpose of applying the Anti-Graft and Corrupt Practices Act
Voting more than once in the same election/voting when not a registered voter
Voting in substitution for another with or without the latters knowledge and/or
consent etc.
7. If the chairman of the BEI fails to affix his signature at the back of the official ballot,
in the presence of the voter, before delivering the ballot to the voter. (under RA
7166)
1. Election offenses shall prescribe after 5 years from the date of their commission
Jurisdiction of courts
1. RTC has exclusive original jurisdiction to try and decide any criminal action or
proceedings for violation of the Code.
Source:
Ateneo