ARTICLE III

Section 5 – Non Establishment Clause (calls for government’s neutrality on religious

matters)

No law shall be made respecting an establishment of religion or prohibiting the free exercise
thereof

NOTE:Reliance on biblical justification is inconsistent with the policy of neutrality

ARTICLE IX-C
Section 1
(1) – COMELEC and Qualifications Chairman and Commissioners
(2) – Appointment by President and Consent of Commission on Appointments
No reappointment
No appointment in temporary or acting capacity

Section 2 – Powers and Functions of the COMELEC

(1) – Enforce and administer all laws relative to the conduct of election, plebiscite,
initiative, referendum, recall
(2) – Exercise exclusive original and appellate jurisdiction
(3) – Hear and decide all questions affecting election except the RIGHT TO VOTE
(4) – Deputize with the concurrence of the Pres law enforcement agencies and
instrumentalities
(5) – Register after sufficient publication political parties, organizations and
coalitions. The following cannot be registered:

a. Religious Sects
b. Those which seek to achieve their goals through violence
c. Those which refuse to adhere to the Constitution
d. Those which are supported by any foreign government

(6) File upon verified complaint or on its own initiative petitions in court for inclusion
and exclusion of voters; investigate election offenses
(7) Recommend to congress effective measures to minimize election spending
(8) Recommend to the President the removal of an officer or employee it has
deputized or imposition of disciplinary actions
(9) Submit to the President and Congress a comprehensive report of each election,
plebiscite, initiative, referendum, recall

Section 3 – En Banc or Division

Jurisdiction
Section 4 –Regulatory power over media, transportation, communication and information
during election period

Section 5 – Grant of Pardon, amnesty, parole or suspension of sentence for violation of

election laws by the president is not allowed unless there is a favorable recommendation
by the COMELEC

R.A. 8189 – The Voter’s Registration Act of 1996

Section 3 – Registration Defined
Section 4 –List or book of voters is permanent in nature
Section 8 – System of Continuing Registration

Registration Ban – 120 days before a regular election; 90 days before special
election
Registration – daily/regular office hours (System of Continuing Registration of
Voters)
Section 9 – Who may register (Qualifications)
1. Filipino citizen
2. At least 18 on the day of the Election
3. 1 year residence in the Philippines immediately preceding election
4. 6 months resident in the municipality where he proposes to vote; temporary
residence in another place does not lose original residence
5. Not disqualified by law

Section 10 – Registration of Voters

Section 11 – Disqualification

a) Any person sentenced by final judgment

o Not less than 1 year imprisonment
o Automatically reacquire the right to vote upon the expiration of 5 years after
service of sentence
b) Any person adjudged by final judgment for committing any crime involving
disloyalty to the Government (rebellion, sedition)
o Automatically reacquire the right to vote upon the expiration of 5 years after
service of sentence
c) Insane or incompetent person
o By competent authority
o May vote again once a competent authority declares that he is no longer
insane

Section 12 – Change of Residence in another city

Section 13 – Change of Residence within the same city
Section 14 – Illiterate and voters with Disability
 Illiterate
o Assisted by the Election Officer or any member of an accredited Citizen’s Arm
Disabled
o Relative within the 4th civil degree (affinity or consanguinity)
o Assisted by the Election Officer or any member of an accredited Citizen’s Arm

Section 15 – Election Registration Board

Section 18 –Challenges the right to register (Any voter, candidate, or rep of a political
party)

Section 11 – Deactivation

Any person sentenced by final judgment

o Not less than 1 year imprisonment
o Automatically reacquire the right to vote upon the expiration of 5 years after
service of sentence
Any person adjudged by final judgment for committing any crime involving
disloyalty to the Government (rebellion, sedition)
o Automatically reacquire the right to vote upon the expiration of 5 years after
service of sentence
Insane or incompetent person
o By competent authority
o May vote again once a competent authority declares that he is no longer
insane

Did not vote in the last 2 elections

Ordered by the court
Lost citizenship

Section 28 – Reactivation
o Ground for deactivation no longer exist
o Anytime except 120 days before regular election
o Anytime except 90 days before special election

Section 29 – Cancellation of Registration

o Voter already died
Section 30 –Preparation and Posting of the Voter’s List

90 days before a regular election

60 days before special Election

Section 31 – Sealing of Precinct Book of Voters

Witnessed by the members of the Board of Election Inspectors and party-list
representatives
15 days before the start of the campaign period
Section 33 – Inclusion and Exclusion Proceedings Jurisdiction

MTC and MeTC – exclusive and original jurisdiction

RTC – appellate jurisdiction (5 days) (Section 33, RA 8189)
Supreme Court – appellate jurisdiction over RTC on questions of law (15 days)
Section 5 (2) (e), Article VIII
Section 2, Rule 45, Rules of Court

Section 34 – Petition for Inclusion of Voter in the List

 Any person
 If disapproved by ERB or stricken out from the list(GROUND)
o Failure to register is not a ground (Siawan v. Inopiquez)
 Any day except 105 days prior to regular election
 Any day except 75 days prior to a special election
 Petition shall be decided within 15 days after its filing

Section 35 – Petition for Exclusion

 By any registered voter, representative of a political party, election officer
 Any time except 100 days prior to a regular election
 Any time except 65 days prior to a special election
 Decided within 10 days after filing

Section 39 –Annulment of Book of Voters

If not prepared in accordance with this act

No annulment shall be executed within 90 days before election

Section 44 –Reassignment of Election Officers

Shall hold office for not more than 4 years in the municipality
Automatically be reassigned by the ERB

Inclusion and Exclusion Cases

MTC and MeTC – exclusive and original jurisdiction
RTC – appellate jurisdiction (5 days) (Section 33, RA 8189); appeal shall be decided within 10
days from the time of receipt; DECISION SHALL BE FINAL AND EXECUTORY. NO MR shall be
entertained.
Supreme Court – appellate jurisdiction over RTC on questions of law (15 days)
Section 5 (2) (e), Article VIII
Section 2, Rule 45, Rules of Court
R.A. 7166 – Synchronized National and Local Elections
Section 7 – Filing of COC
Any day from the commencement of the election period but not later than the day before
the beginning of the campaign period (Sec. 7, R.A. 7166)

Section 12 – Local Absentee Voting

 Applies to – members of the AFP, PNP, school teachers

 Positions – President, Vice-President, Senators only

R.A 10380 – Local Absentee Voting for members of the Media Act
 Media practitioners vote on specified days earlier than election
 President, Vice President, Senators, Party-List Representative

Resolution 10003 – Rules and Regulation on Absentee Voting

Section 2 – Who are entitled

a) Government officials and employees

b) Members of the AFP
c) Members of the PNP
d) Members of the Media

R.A. 9189 – The Overseas Absentee Voting Act of 2003

Qualified
 Overseas Filipino Workers
 Immigrants or permanent residents in foreign country
o Provided they will provide sworn statement that they will resume residence
in the country within 3 years from approval of the registration

Section 3 (a) – Absentee voting defined

Absentee voting refers to the process by which qualified citizens of the Philippines abroad
exercise their right to vote

Section 4 – Coverage

 All citizens abroad not disqualified by law

 At least 18 years old on the day of the election
 President, Vice-President, Senators and party-list representatives

R.A. 10366 – Accessible Polling Places for Persons with Disabilities

BP Blg. 881 – Omnibus Election Code
Section 12 – Disqualification

Grounds
1. Insanity
2. Sentenced with final judgment
a. Moral torpitude
b. More than 18 months imprisonment
c. Insurrection or rebellion
3. Lost citizenship

Removal

 Declaration of non-existent disqualification (competent authority)

 Plenary pardon
 Amnesty
 Lapse of 5 years after serving sentence

Section 60 – Political Party

Section 61 – Registration

Verified petition attaching CBL

Platform or program of government
Other relevant info required by the Commission

The following cannot be registered:

Religious Sects
Those which seek to achieve their goals through violence
Those which refuse to adhere to the Constitution
Those which are supported by any foreign government

Section 66 –Effect of Filing COC (Appointive Positions)

Section 67 – Effect of Filing COC (Elective Positions)

Section 72 – Disqualified by final judgement (Votes should not be counted)

If no final judgement, proclamation shall be suspended provided there is EVIDENCE
OF STRONG GUILT (Sec. 6, R.A. 6646). Seriousness of allegation is NOT A GROUND!
(Codilla v. De Venecia)

Section 73 –Prohibition against Multiple candidacies

 If two candidacies, he shall not be eligible for any of them, unless he withdraws one
under oath
Section 74 – Contents of COC

Section 76 –Ministerial duty of COMELEC to receive and acknowledge receipt of COC

Section 77 – Substitution of Candidates

If after the last day of filing COC, a candidate dies, is disqualified (he may be
substituted by another belonging to the same political party not later than mid-day
of election day
Substitution of candidate is allowed in Barangay Elections (even if non-partisan)
because the law does not distinguish; spouse only

Section 78 –Petition to Deny Due Course to or Cancel COC

Must be filed 25 days after the filing of the COC

Section 79 – Definition of candidate

Any person aspiring for or seeking elective public office who has filed a certificate of
candidacy by himself or through an accredited political party or coalition.
o He shall be considered as candidate at the start of the campaign
period(Section 15, R.A. 8436)
o Unlawful acts or omissions applicable to a candidate shall take effect only
upon the start of the campaign period (Section 15, R.A. 8436)

The following are not candidates (Conquilla v. COMELEC)

o Without COC
o COC denied or cancelled
o COC filed beyond the period fixed by law

Section 75 – Filing of COC

Any day from the commencement of the election period but not later than the day
before the beginning of the campaign period (Sec. 7, R.A. 7166)
In case of failure of election, no other COC shall be accepted except for substitution

R.A. 7941 –The Party-List System Act

Section 3 – Definition

The party-list system is a mechanism of proportional representation in the election of

representatives to the house of representatives from national, regional and sectoral parties
or organizations or coalitions thereof registered with the COMELEC
Section 5 – Registration

 Not later than 90 days before election

 Sectors:
o Labor
o Peasant
o Fisherfolk
o Urban poor
o Indigenous cultural communities
o Elderly
o Handicapped
o Women
o Youth
o Veterans
o Overseas workers
o Professionals

Section 6 – Refusal/cancellation of Registration of Political Parties (motu propio or upon

verified complaint)

a) Religious sect
b) Promotes violence
c) Foreign party
d) Receives support from a foreign government
e) Violates or fails to comply with the laws
f) Cease to exist for at least 1 year
g) Declared untruthful statement in the petition
h) Failed to participate in the last two preceding elections

Eight Point Guidelines

1. Must represent the marginalized and underrepresented groups in Section 5 (R.A.

7941)
2. Must comply with the declared statutory policy of enabling the Filipino citizens
belonging to marginalized and underrepresented sectors to be elected to the House
of Representatives
3. Religious sector may not be represented in the party-list system
4. The party must not be disqualified under section 6, RA 7941
5. The party must not be adjunct of or a project organized or an entity funded os
assisted by the government
6. Party must not only comply with the law; the nominees as well
7. Not only the party or organization must represent the marginalized and
underrepresented; so must its nominees
8. Nominee must likewise be able to contribute to the formulation and enactment of
appropriate legislation that will benefit the nation as a whole