UNIVERSITY OF ASIA AND THE PACIFIC

SCHOOL OF LAW AND GOVERNANCE

ELECTION LAW AY 2016-2017
ATTY. ALBERT L.C. RODRIGUEZ

A. WEEK ONE (3 hrs)

I. The Commission on Elections

➔ Determine the history, composition, qualifications, functions and powers of the Commission
on Elections
• Discussion on the history, powers and functions of the Commission on Elections

BP 881 OMNIBUS ELECTION CODE OF THE PHILIPPINES

December 3, 1985
ARTICLE VII. THE COMMISSION ON ELECTIONS

Sec. 54. Qualifications. - Only members of the Philippines Bar shall be eligible for appointment to the
position of regional director, assistant regional director, provincial election supervisor and election
registrar: Provided, however, That if there are no members of the Philippine Bar available for appointment
as election registrar, except in cities and capital towns, graduates of duly recognized schools of law, liberal
arts, education or business administration who possess the appropriate civil service eligibility may be
appointed to said position.

a. members of the Phil. Bar

- regional director
- assistant regional director
- provincial election supervisor
- election registrar

Sec. 58. Disqualifications of members of the Commission. - The chairman and members of the
Commission shall be subject to the canons of judicial ethics in the discharge of their functions.

No chairman or commissioner shall sit in any case in which he has manifested bias or prejudice for or
against or antagonism against any party thereto and in connection therewith, or in any case in which he
would be disqualified under the Rules of Court. If it be claimed that the chairman or a commissioner is
disqualified as above provided, the party objecting to his competency may file his objection in writing with
the Commission stating the ground therefor. The official concerned shall continue to participate in the
hearing or withdrawn therefrom in accordance with his determination of the question of his
disqualification. The decision shall forthwith be made in writing and filed with the other papers of the case
in accordance with the Rules of Court. If a disqualification should result in a lack of quorum in the
Commission sitting en banc, the Presiding Justice of the Intermediate Appellate Court shall designate a
justice of said court to sit in said case for the purpose of hearing and reaching a decision thereon.

Sec. 52. Powers and functions of the Commission on Elections. - In addition to the powers and
functions conferred upon it by the Constitution, the Commission shall have exclusive charge of the
enforcement and administration of all laws relative to the conduct of elections for the purpose of ensuring
free, orderly and honest elections, and shall:
(a) Exercise direct and immediate supervision and control over national and local 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 paragraph 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 recommendation of the
Commission, the corresponding proper authority shall suspend or remove from office any or all of such
officers or employees who may, after due process, be found guilty of such violation or failure.

(b) During the period of the campaign and ending thirty days thereafter, when in any area of the country
there are persons committing acts of terrorism to influence people to vote for or against any candidate or
political party, the Commission shall have the power to authorize any member or members of the Armed
Forces of the Philippines, the National Bureau of Investigation, the Integrated National Police or any
similar agency or instrumentality of the government, except civilian home defense forces, to act as deputies
for the purpose of ensuring the holding of free, orderly and honest elections.

(c) Promulgate rules and regulations implementing the provisions of this Code or other laws which the
Commission is required to enforce and administer, and require the payment of legal fees and collect the
same in payment of any business done in the Commission, at rates that it may provide and fix in its rules
and regulations.

Rules and regulations promulgated by the Commission to implement the provisions of this Code shall take
effect on the sixteenth day after publication in the Official Gazette or in at least daily newspapers of
general circulation. Orders and directives issued by the Commission pursuant to said rules and regulations
shall be furnished by personal delivery to accredited political parties within forty-eight hours of issuance
and shall take effect immediately upon receipt.

In case of conflict between rules, regulations, orders or directives of the Commission in the exercise of its
constitutional powers and those issued by any other administrative office or agency of the government
concerning the same matter relative to elections, the former shall prevail.

(d) Summon the parties to a controversy pending before it, issue subpoena and subpoena duces tecum, and
take testimony in any investigation or hearing before it, and delegate such power to any officer of the
Commission who shall be a member of the Philippine Bar. In case of failure of a witness to attend, the
Commission, upon proof of service of the subpoena to said witnesses, may issue a warrant to arrest
witness and bring him before the Commission or the officer before whom his attendance is required.

Any controversy submitted to the Commission shall, after compliance with the requirements of due
process, be immediately heard and decided by it within sixty days from submission thereof. No decision or
resolution shall be rendered by the Commission either en banc or by division unless taken up in a formal
session properly convened for the purpose.

The Commission may, when necessary, avail of the assistance of any national or local law enforcement
agency and/or instrumentality of the government to execute under its direct and immediate supervision
any of its final decisions, orders, instructions or rulings.
(e) Punish contempts provided for in the Rules of Court in the same procedure and with the same
penalties provided therein. Any violation of any final and executory decision, order or ruling of the
Commission shall constitute contempt thereof.

(f) Enforce and execute its decisions, directives, orders and instructions which shall have precedence over
those emanating from any other authority, except the Supreme Court and those issued in habeas corpus
proceedings.

(g) Prescribe the forms to be used in the election, plebiscite or referendum. (h) Procure any supplies,
equipment, materials or services needed for the holding of the election by public bidding: Provided, That,
if it finds the requirements of public bidding impractical to observe, then by negotiations or sealed bids,
and in both cases, the accredited parties shall be duly notified.

(i) Prescribe the use or adoption of the latest technological and electronic devices, taking into account the
situation prevailing in the area and the funds available for the purpose: Provided, That the Commission
shall notify the authorized representatives of accredited political parties and candidates in areas affected by
the use or adoption of technological and electronic devices not less than thirty days prior to the effectivity
of the use of such devices.

(j) Carry out a continuing and systematic campaign through newspapers of general circulation, radios and
other media forms to educate the public and fully inform the electorate about election laws, procedures,
decisions, and other matters relative to the work and duties of the Commission and the necessity of clean,
free, orderly and honest electoral processes.

(k) Enlist non-partisan group or organizations of citizens from the civic, youth, professional, educational,
business or labor sectors known for their probity, impartiality and integrity with the membership and
capability to undertake a coordinated operation and activity to assist it in the implementation of the
provisions of this Code and the resolutions, orders and instructions of the Commission for the purpose of
ensuring free, orderly and honest elections in any constituency. Such groups or organizations shall function
under the direct and immediate control and supervision of the Commission and shall perform the
following specific functions and duties:

A. Before Election Day:

1. Undertake an information campaign on salient features of this Code and help in the dissemination of
the orders, decisions and resolutions of the Commission relative to the forthcoming election. 2. Wage a
registration drive in their respective areas so that all citizens of voting age, not otherwise disqualified by law
may be registered.

3. Help cleanse the list of voters of illegal registrants, conduct house-to-house canvass if necessary, and
take the appropriate legal steps towards this end.

4. Report to the Commission violations of the provisions of this Code on the conduct of the political
campaign, election propaganda and electoral expenditures.

B. On Election Day: 1. Exhort all registered voters in their respective areas to go to their polling places
and cast their votes. 2. Nominate one watcher for accreditation in each polling place and each place of
canvass who shall have the same duties, functions and rights as the other watchers of political parties and
candidates. Members or units of any citizen group or organization so designated by the Commission
except its lone duly accredited watcher, shall not be allowed to enter any polling place except to vote, and
shall, if they so desire, stay in an area at least fifty meters away from the polling place.
3. Report to the peace authorities and other appropriate agencies all instances of terrorism, intimidation of
voters, and other similar attempts to frustrate the free and orderly casting of votes.

4. Perform such other functions as may be entrusted to such group or organization by the Commission.

The designation of any group or organization made in accordance herewith may be revoked by the
Commission upon notice and hearing whenever by its actuations such group or organization has shown
partiality to any political party or candidate, or has performed acts in excess or in contravention of the
functions and duties herein provided and such others which may be granted by the Commission.

(l) Conduct hearings on controversies pending before it in the cities or provinces upon proper motion of
any party, taking into consideration the materiality and number of witnesses to be presented, the situation
prevailing in the area and the fund available for the purpose. (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 rights granted them in this Code.

Unless indicated in this Code, the Commission is hereby authorized for fix the appropriate period for the
various prohibited acts enumerated herein, consistent with the requirements of free, orderly, and honest
elections.

Jurisdiction of Commission on Election

General Rule: The COMELEC sitting en banc does NOT have the requisite authority to hear and decide
election cases in the first instance. This power pertains to the divisions of the Commission. Any decision
by the Commission en banc as regards election cases decided by it in the first instance is null and void
(Abad v. COMELEC)
Exceptions:
1. When what is involved in the case is purely administrative, and not quasi-judicial in nature;
2. When the required number of votes to reach a decision, resolution, order or ruling is not
obtained in the division (Garvida v. Sales, Jr.)
3. Where the petitioner invoked the jurisdiction of the COMELEC en banc, participated in its
proceedings and sought relief therefrom, in which instance he is estopped to subsequently
question the jurisdiction of the COMELEC en banc (Ramirez v. COMELEC);
4. Petitions for the postponement, declaration of failure of election and the calling of special
elections (Loong v. COMELEC); and
5. The COMELEC en banc has the power to prosecute election cases, and in the exercise of such
prosecutory power, it conducts preliminary investigation, decides whether or not there exists a
probable cause and files the corresponding information in court. (Faelnar v. People).

• Let the students recall pertinent provisions of the Constitution that are related to the Commission
on Elections and the exercise of the right to suffrage
• Encourage the student to share their views relative to the electoral process
• Discussion on the Inclusion/Exclusion of Voters process

Inclusion and Exclusion Proceedings: COMELEC has no jurisdiction to resolve the issue regarding the
right to vote, the same being cognizable by the courts in the proceedings for the exclusion or inclusion of
voters (Canicosa v. COMELEC).

Common Rules Governing Judicial Proceedings in the Matter of Inclusion, Exclusion and
Correction of Names of Voters (Sec. 32, R.A. 8189):
 a. Petition for inclusion, exclusion or correction of names of voters shall be filed during office hours;
b. Notice of the place, date and time of the hearing of the petition shall be served upon the members
of the Board and the challenged voter upon filing of the petition;
c. A petition shall refer only to one (1) precinct and shall implead the Board as respondents;
d. No costs shall be assessed against any party in these proceedings. However, if the court should find
that the application has been filed solely to harass the adverse party and cause him to incur
expenses, it shall order the culpable party to pay the costs and incidental expenses;
e. Any voter, candidate or political party who may be affected by the proceedings may intervene and
present his evidence;
f. The decision shall be based on the evidence presented and in no case rendered upon a stipulation
of facts. If the question is whether or not the voter is real or fictitious, his nonappearance on the
day set for hearing shall be prima facie evidence that the challenged voter is fictitious; and
g. The petition shall be heard and decided within ten (10) days from the date of its filing. Cases
appealed to the Regional Trial Court shall be decided within ten (10) days from receipt of the
appeal. In all cases, the court shall decide these petitions not later than fifteen (15) days before the
election and the decision shall become final and executory.

Jurisdiction in Inclusion and Exclusion Cases

• The Municipal and Metropolitan Trial Courts shall have ORIGINAL AND EXCLUSIVE
jurisdiction over all cases of inclusion and exclusion of voters in their respective cities or
municipalities. Decisions of the Municipal or Metropolitan Trial Courts MAY BE APPEALED by
the aggrieved party to the Regional Trial Court within five (5) days from receipt of notice thereof.
Otherwise, said decision shall become final and executory. The regional trial court shall decide the
appeal within ten (10) days from the time it is received and the decision shall immediately become
final and executory. No motion for reconsideration shall be entertained (Sec. 33, R.A. 8189).
• It is not within the competence of the trial court, in exclusion proceedings, to declare the
challenged voter as a resident of another municipality. The jurisdiction of the trial court is limited
only to determining the right of the voter to remain in the list of voters or to declare that the
challenged voter is not qualified to vote in the precinct in which he is registered, specifying the
ground for the voter’s disqualification. (Domino v Comelec)

Petition for Inclusion Petition for Exclusion

• Any person whose application for
registration has been disapproved by the
Board or whose name has been stricken out
from the list may file with the court a
petition to include his name in the
permanent list of voters in his precinct at
any time except one hundred five (105) days
prior to a regular election or seventy-five
(75) days prior to a special election. It shall
be supported by a certificate of disapproval
of his application and proof of service of
notice of his petition upon the Board. The
petition shall be decided within fifteen (15)
days after its filing (Sec. 34, R.A. 8189).
• Any registered voter, representative of a
political party or the Election Officer, may
file with the court a sworn petition for the
exclusion of a voter from the permanent list
of voters giving the name, address and the
precinct of the challenged voter at any time
except one hundred (100) days prior to a
regular election or sixty-five (65) days before
a special election. The petition shall be
accompanied by proof of notice to the
Board and to the challenged voter and shall
be decided within ten (10) days from its
filing (Sec. 35, R.A. 8189).
Article IX-C, 1987 Constitution

C. THE COMMISSION ON ELECTIONS

Section 1.

1. There shall be a Commission on Elections composed of a Chairman and six

Commissioners who shall be natural-born citizens of the Philippines and, at the time of
their appointment, at least thirty-five years of age, holders of a college degree, and must
not have been candidates for any elective positions in the immediately preceding elections.
However, a majority thereof, including the Chairman, shall be members of the Philippine
Bar who have been engaged in the practice of law for at least ten years.

2. The Chairman and the Commissioners shall be appointed by the President with the
consent of the Commission on Appointments for a term of seven years without
reappointment. Of those first appointed, three Members shall hold office for seven years,
two Members for five years, and the last Members for three years, without reappointment.
Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no
case shall any Member be appointed or designated in a temporary or acting capacity.

Sec. 2. The Commission on Elections shall exercise the following powers and functions:

1. Enforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall.

2. Exercise exclusive original jurisdiction over all contests relating to the elections, returns,
and qualifications of all elective regional, provincial, and city officials, and appellate
jurisdiction over all contests involving elective municipal officials decided by trial courts of
general jurisdiction, or involving elective barangay officials decided by trial courts of limited
jurisdiction. Decisions, final orders, or rulings of the Commission on election contests
involving elective municipal and barangay offices shall be final, executory, and not
appealable.

3. Decide, except those involving the right to vote, all questions affecting elections, including
determination of the number and location of polling places, appointment of election officials
and inspectors, and registration of voters.

4. Deputize, with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government, including the Armed Forces of the Philippines, for the
exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.
 5. Register, after sufficient publication, political parties, organizations, or coalitions which, in
addition to other requirements, must present their platform or program of government; and
accredit citizens' arms of the Commission on Elections. Religious denominations and sects
shall not be registered. Those which seek to achieve their goals through violence or
unlawful means, or refuse to uphold and adhere to this Constitution, or which are
supported by any foreign government shall likewise be refused registration. Financial
contributions from foreign governments and their agencies to political parties,
organizations, coalitions, or candidates related to elections, constitute interference in
national affairs, and, when accepted, shall be an additional ground for the cancellation of
their registration with the Commission, in addition to other penalties that may be prescribed
by law.

6. File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or
exclusion of voters; investigate and, where appropriate, prosecute cases of violations of
election laws, including acts or omissions constituting election frauds, offenses, and
malpractices.

7. Recommend to the Congress effective measures to minimize election spending, including

limitation of places where propaganda materials shall be posted, and to prevent and
penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies.

8. Recommend to the President the removal of any officer or employee it has deputized, or
the imposition of any other disciplinary action, for violation or disregard of, or disobedience
to, its directive, order, or decision.

9. Submit to the President and the Congress, a comprehensive report on the conduct of each
election, plebiscite, initiative, referendum, or recall.

Sec. 3. The Commission on Elections may sit en banc or in two divisions, and shall promulgate
its rules of procedure in order to expedite disposition of election cases, including pre-
proclamation controversies. All such election cases shall be heard and decided in division,
provided that motions for reconsideration of decisions shall be decided by the Commission en
banc.

Sec. 4. The Commission may, during the election period, supervise or regulate the enjoyment or
utilization of all franchises or permits for the operation of transportation and other public utilities,
media of communication or information, all grants, special privileges, or concessions granted by
the Government or any subdivision, agency, or instrumentality thereof, including any government-
owned or controlled corporation or its subsidiary. Such supervision or regulation shall aim to
ensure equal opportunity, time, and space ,and the right to reply, including reasonable, equal
rates therefor, for public information campaigns and forums among candidates in connection with
the objective of holding free, orderly, honest, peaceful, and credible elections.
Section 5. No pardon, amnesty, parole, or suspension of sentence for violation of election laws,
rules, and regulations shall be granted by the President without the favorable recommendation of
the Commission.

Section 6. A free and open party system shall be allowed to evolve according to the free choice
of the people, subject to the provisions of this Article.

Section 7.  No votes cast in favor of a political party, organization, or coalition shall be valid,
except for those registered under the party-list system as provided in this Constitution.

Section 8. Political parties, or organizations or coalitions registered under the party-list system,
shall not be represented in the voters' registration boards, boards of election inspectors, boards
of canvassers, or other similar bodies. However, they shall be entitled to appoint poll watchers in
accordance with law.

Section 9. Unless otherwise fixed by the Commission in special cases, the election period shall
commence ninety days before the day of election and shall end thirty days thereafter.

Section 10. Bona fide candidates for any public office shall be free from any form of harassment
and discrimination.

Section 11. Funds certified by the Commission as necessary to defray the expenses for holding
regular and special elections, plebiscites, initiatives, referenda, and recalls, shall be provided in
the regular or special appropriations and, once approved, shall be released automatically upon
certification by the Chairman of the Commission.

Omnibus Election Code

Cases:
1. Purisima vs. Salanga, 15 SCRA 704 (1965)
2. Cauton vs. Comelec, 19 SCRA 911 (1967)
3. Sumulong vs. Comelec, 73 Phil. 288 (1941)
4. Loong vs. Comelec, 305 SCRA 832 (1999)
5. Alvarez vs. Comelec, G.R. No. 142527, March 1, 2001

II. Voters
➔ Determine the constitutional right of suffrage; identify the qualifications/disqualifications of
voters; and know the different modes of voting

Suffrage – the right to vote in the election of officers chosen by the people and in determination of
questions submitted to the people; it includes election, plebiscite, initiative and referendum.

Nature of Suffrage:
 1. Mere privilege- Not a natural right of the citizens but a mere privilege to be given or withheld
by the lawmaking power subject to constitutional limitations.

2. Political Right- enabling citizens to participate in the process of government to assure that it
derives its power from the consent of the governed.

Qualifications for Suffrage: (Sec. 1, Art. V, Disqualifications: (Sec. 118, OEC)

Constitution) 1. Person convicted by final judgment to suffer
1. Filipino citizen; imprisonment for not less than 1 year,
2. At least 18 years of age; unless pardoned or granted amnesty; but
3. Resident of the Philippines for at least right is reacquired upon expiration of 5
one year; years after service of sentence;
4. Resident of the place where he proposes 2. Person adjudged by final judgment as having
to vote for at least 6 months; and committed any crime involving disloyalty to
5. Not otherwise disqualified by law. government or any crime against national
security; but right is reacquired upon
expiration of 5 years after service of
sentence; and
3. Insane or incompetent persons as declared
by competent authority.
• It is incumbent upon one who claims Philippine citizenship to prove to the satisfaction of the court
that he is really a Filipino. No presumption can be indulged in favor of the claimant of Philippine
citizenship, and any doubt regarding citizenship must be resolved in favor of the state (Go v.
Ramos)
• In election cases, the Court treats domicile and residence as synonymous terms. Both import not
only an intention to reside in a fixed place but also personal presence in that place, coupled with
conduct indicative of such intention. Domicile denotes a fixed permanent residence to which when
absent for business or pleasure, or for like reasons, one intends to return (Pundaodaya v Comelec)
• No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.
• There exists no presumption that a person is entitled to vote and that the burden is in the voter to
prove that he has the qualifications and none of the disqualifications prescribed by law (U.S. v. Tria)
• Any person who transfers residence to another city, municipality or country solely by reason of his
occupation; profession; employment in private or public service; educational activities; work in
military or naval reservations; service in the army, navy or air force; the constabulary or national
police force; or confinement or detention in government institutions in accordance with law, shall
be deemed not to have lost his original residence (Sec. 117, OEC).

Voting – the act or exercise of one’s right to suffrage

Election – 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.

Kinds:
1. Regular – one provided by law for election of officers either nationwide or in certain subdivisions
thereof, after expiration of the full term of the former members; participated in by those who possess the
right of suffrage, are not otherwise disqualified by law, and who are registered voters.

o The SK election is not a regular election because the latter is participated in by youth with
ages ranging from 15-21 (now 15-18 per R.A. 9164), some of whom are not qualified voters
to elect local or national elective officials (Paras v. COMELEC).
2. Special – one held to fill any vacancy in an office before the expiration of the full term for which the
incumbent was elected.

• Plebiscite – the electoral process by which an initiative on the Constitution is approved or rejected
by the people; it also the means by which the voters in affected areas consent or object to the
change in the form of local government.
• Initiative – the power of the people to propose amendments to the Constitution or to propose and
enact legislations through an election called for the purpose.
• Referendum – the power of the electorate to approve or reject legislation through an election
called for the purpose.
• Recall – a mode of removal of a local elective official by the people before the end of his term of
office.

Theory on Suffrage prevailing in the Philippines: Suffrage is both a right and a privilege. It is a right
because it is the expression of the sovereign will of the people. It is a privilege because its exercise is
granted not to everybody but to the persons or class of persons as are most likely to exercise it for the
purpose of the public good.
System of Election Adopted in the Philippines: Since 1901, the Australian system, first conceived by
Francis Dutton, a member of the Legislature of South Australia. The distinguishing feature of the system
is STRICT SECRECY IN BALLOTING.

Election Period: Unless otherwise fixed by the Commission in special cases, the election period shall
commence ninety days before the day of election and shall end thirty days thereafter (Sec. 9, Art. IX-C,
1987 Constitution).

Article V, 1987 Constitution

Omnibus Election Code
Republic Act No. 8189 (The Voter’s Registration Act of 1996)
Republic Act No. 9189 (Overseas Absentee Voting Act of 2003)

Cases:
1. Loida Nicolas-Lewis vs. COMELEC, August 4, 2006
2. People vs. Corral, 62 Phil. 945 (1936)
3. Yra vs. Abano, 52 Phil. 380
4. Akbayan Youth vs. COMELEC, G.R. No. 147066, March 26, 2001
5. Kabataan Party-List, et al. vs. Comelec, G.R. No. 221318, December 16, 2015