Election Law Reviewer

INTRODUCTION Election laws 1. Batas Pambansa Blg. 881 The Omnibus Election Code of the Philippines 2. Republic Act. No. 6646The Electoral Reform Law of 1987 3. Republic Act No. 7166 Synchronized National and Local Elections 4. Republic Act No. 7941 Party-List Systems Act 5. Republic Act No. 8346 Automated Election System 6. Republic Act No. 8189 Voter’s Registration Act of 1996 7. Republic Act No. 9006 Fair Election Act 8. Republic Act No. 9189 Overseas Absentee Voting Act of 2003 Election

The listing of votes, the holding of electoral campaign, the act of casting and receiving the ballots from the voters, counting them, making the election returns, and proclaiming the winning candidate

Regular election

An election participated in by those who possess the right of suffrage, are not otherwise disqualified by law, and who are registered voters

Special election

An election held when there is a 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

Objectives of election laws 1. To banish the spectre of revenge from the minds of the timid or defenseless 2. To render precarious and uncertain the bartering of votes 3. To secure a fair and honest count of the ballots cast THE COMMISSION ON ELECTIONS Composition Chairman and six (6) commissioners, each with a term of seven years and without reappointment Qualification of Commissioners

1. 2. 3. 4.

Natural-born citizens of the Philippines At least 35 years of age at the time of their appointment Holders of a college degree Must not have been candidates for any elective position in the immediately preceding elections 5. Members of the Philippine bar who have been engaged in the practice of law for at least ten (10) years - for Chairman and a majority of the commissioners

Powers and functions

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

2. Exercise direct and immediate supervision and control over election officials. 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 3. Register, after sufficient publication, political parties, organizations, or coalitions which, in addition, to other requirements, must present their platform or program and government; and accredit citizens’ arms of the Commission on Elections 4. Recommend to the Congress effective measures to minimize election spending, including limitation of place where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices and nuisance candidates 5. Recommend administrative disciplinary actions. 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 6. Submit to the President and the Congress a comprehensive report on the conduct of each elections, plebiscite, initiative, referendum, or recall 7. Act as board of canvassers for senators (section 2, EO 144) Quasi-judicial function 8. 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 the RTC, or involving elective barangay officials decided by the MTC 9. Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling place, appointment of election officials and inspectors, and registration of voters 10.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 Jurisdiction of COMELEC in division, en banc

Measures to ensure independence

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Election cases, including pre-proclamation controversies, shall be heard and decided by divisions provided that motions for reconsideration of decisions shall be decided by the Commission en banc

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Any decision by the Commission en banc as regards election cases decided by it in the first instance is null and void, EXCEPT in the following cases:

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 3. When the petitioner invoked the jurisdiction of the COMELEC en banc, participated in its proceedings and sought reliefs therefrom, in which case he is stopped to subsequently question the jurisdiction of the COMELEC en banc 4. In petitions for postponement, declaration of failure of election and the calling of special elections 5. In the prosecution of election cases, when it conducts preliminary investigation, decides whether or not there exists a probable cause and files the corresponding information in court 1. The Chairman and Commissioners are given fixed terms, without reappointment 2. Their salaries shall not be decreased during their continuance in office 3. They shall not, during their tenure in office, engage in practice of any profession or in the management of any business, or be financially interested directly or indirectly in any contract with, or in any franchise or privilege granted by, the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations 4. They can only be removed from office on impeachment for and conviction of, culpable violation of the Constitution, treason, bribery, other high crimes, or graft and corruption Others 5. No pardon, amnesty, parole, or suspension of sentence

for violation of election law, rules and regulations shall be granted by the President without the favorable recommendation of the Commission 6. Funds certified by the Commission as necessary to defray 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 Election period

Commences 90 days before the day of election and shall end 30 days thereafter

Examples of quasijudicial issues

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Examples of administrative issues

• • • • •

Whether or not a candidate is entitled to use a particular nickname and whether or not votes for such candidates under his nickname Resolution of adverse claims of the opposing political parties Questions concerning the COMELEC’s choice of an appointee to occupy a position Correction of errors in the tabulation or tally of results by the board of canvassers Correction of manifest errors by the board of canvassers The registration of voters Questions whether elections have been held or whether certain returns were falsified or manufactured and therefore should be excluded from the canvass

Jurisdictions

All contests relating to the elections, returns and qualification of all elective regional, provincial, and city officials Petition for disqualification filed before the election, quo warranto and election protest involving barangay election officials

Original jurisdiction COMELEC in division

MTC

Motion for Reconsideration COMELEC en banc

Appellate jurisdiction Supreme Court (certiorari under Rules 64 and 65 of the Rules of Court)

COMELEC

Petitions for disqualification of municipal, provincial, city, congressional, senatorial, vice residential and presidential officials ........ filed before the election ....... filed after the election

COMELEC COMELEC has no jurisdiction and shall dismiss the petition

Issuance of rules and regulations; shall take effect on the 7th day after publication

ELIGIBILITY OF CANDIDATES President/ VPresident

Senators

HR/ Sectoral representative

Citizenship Age (on the day of the election)

Natural-born Filipino citizen At least 40 years At least 35 At least 25 years old years old old

Residency requirement (immediately preceding the election) Others

At least 10 years

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At least two years

Not less than one year

Registered voter Able to read and write

For sectoral representative • A bonafide members of the sector he seeks to represent Governor/VGoverno r/ SPanlalawigan/May or/ VMayor/Sangunnia

Mayor/VMayor (Independent component cities, component cities or municipalities)

Sangguniang Panglunsod/ Sangguiang Bayan/ Punong Barangay/ Sangguniang Barangay

ng Panglunsod (Highly urbanized cities) Citizenship Age (on the day of the election) Residency requiremen t (immediate ly preceding the election) Others

At least 23 years old

Citizen of the Philippines At least 21 years At least 18 years of old age At least one year

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Able to read and write Filipino or any other local language or dialect Registered voter

Citizenship 1. Natural born: those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship 2. Naturalized

Note: The citizenship requirement in the Local Government Code is to be possessed by an elective official at the latest as of the time he is proclaimed and at the start of the term of office to which he has been elected. Reacquisition of citizenship may be had in any of the following manner 1. Naturalization 2. Repatriation: results in the recovery of the original nationality and validates his registration as a voter which retroacts to the date of filing of the said petition and makes him a qualified candidate for an elective position 3. By direct act of Congress Sec. I, Article IV, 1987 Constitution 1. Those who are citizens of the Philippines at the time of the adoption of the Constitution; 2. Those whose fathers or mothers are citizens of the Philippines; 3. Those born before January 17, 1973 of Filipino mother, who elect Philippine citizenship upon reaching the age of majority; 4. Those who are naturalized in accordance with law Grounds for disqualification

1. Those sentenced by final judgement for an offense involving moral turpitude or for an offense punishable by one (1) year

Note: Applicable for local elective positions

Grounds for disqualification Note: COMELEC jurisdiction to disqualify candidates for the commission of election offenses is limited to those enumerated under section 68. All other election offenses are beyond the ambit of COMELEC jurisdiction

or more of imprisonment, within two (2) years after serving sentence 2. Those removed from office as a result of administrative case 3. Those convicted by final judgement for violating the oath of allegiance to the Republic 4. Those with dual citizenship 5. Fugitives from justice in criminal or non political cases here or abroad 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 after the effectivity of the Code 7. The insane or feeble-minded Section 68, Omnibus Election Code 1. Any candidate who is declared by final decision of a competent court guilty, or found by the Commission of: a. Given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions b. Committed acts of terrorism to enhance his candidacy c. Spent in his election campaign an amount in excess of that allowed by the Code d. Solicited, received or made any contribution prohibited under sections 89, 95, 96, 97 and 104 e. Violated any of sections 80 (election campaign or political activity outside campaign period), 83 (removal, destruction or defacement of lawful election propaganda), 85 (prohibited forms of election propaganda; repealed by R.A. No. 9006), 86 (regulation of election propaganda through mass media) and 261, paragraphs d (coercion of subordinates), e (threats, intimidation, terrorism, use of fraudulent device or other forms of coercion), k (unlawful electioneering), v (release, disbursement or expenditure of public funds), and cc, sub-paragraph 6 (solicitation of votes or undertaking any propaganda on the day of the election) 2. Any person who is a permanent resident of or an immigrant to a foreign country, unless he has waived his status as such in accordance with the residence requirement provided for in election laws Section 12, Omnibus Election Code Any person who: 1. Has been declared insane or incompetent by a competent authority; 2. Has been sentenced by final judgement for subversion, insurrection, rebellion; 3. Has been convicted by final judgement of any offense for which the penalty is more than 18 months; and

4. Has been convicted by final judgement of a crime involving moral turpitude. Others • Any person who has been convicted of other crimes which carries the penalty of disqualification from being a voter or from holding public office Dual citizenship

Requisites for change or residence

Status of a person who is a citizen of two or more countries at the same time. It arises when, as a result of concurrent application of the different laws of two or more states, a person is simultaneously considered a national by the said states Example: 1. Those born of Filipino fathers and/or mothers in foreign countries which follow the principle of jus soli; 2. Those born in the Philippines of Filipino mothers and alien fathers if by the laws of their fathers’ country such children are citizens of that country; and 3. Those who marry aliens if by the law of the latter’s country the former are considered citizens, unless by their act or omission they are deemed to have renounced Philippine citizenship 1. Residence or bodily presence in the new locality 2. An intention to remain there 3. An intention to abandon the old domicile

Petition for Disqualification Pre-election disputes Examples 1. Petition for disqualification 2. Petition for declaration of a candidate a nuisance candidate 3. Petition to deny due course or cancel the certificate of candidacy Petition for disqualification Grounds 1. Does not possess all the qualifications of a candidate as provided by the Constitution or by existing law; or 2. Who commits any act declared by law to be grounds for declaration Who may file 1. Any citizen of voting age 2. Any political party, organization or coalition of political parties Where to file Law Department of the Commission on Election When to file Any day after the last day for filing of certificates of candidacy but not later than the date of proclamation

Nature of proceeding Effect if final judgement before election is handed down Effect if unresolved before completion of canvass

Summary (after due notice) He shall not be voted for and the votes cast for him are considered stray and shall not be counted

Votes cast may be included in the counting and canvassing If evidence of guilt is strong, his proclamation shall be suspended notwithstanding the fact that he received the winning number of votes in such election Petition to declare nuisance candidate Who may file Where to file When to file

Any registered candidate for the same elective office Law department of the COMELEC Within 5 days from the last day for the filing of certificates of candidacy Petition to cancel candidacy Who may file Any person Pre-proclamation controversies Examples • Questions pertaining or affecting the proceedings of the board of canvassers a. Illegal composition or proceedings of the members of the board of canvassers such as when majority or all of the members do not hold legal appointments or are in fact usurpers b. Canvassing has been a mere ceremony that was predetermined and manipulated to result in nothing but a sham as where there was convergence of circumstances of precipitate canvassing, terrorism, lack of sufficient notice to the members of the board of canvassers and disregard of manifest irregularities on the face of the questioned returns or certificates of canvass in appropriate cases • Where to file

Arise under sections 233, 234 and 236 of the Omnibus Election Code Board of Canvassers, decisions appealable to the COMELEC within 3 days therefrom Directly with the COMELEC

Post-election disputes 1. Election protest/ pertains to the casting and counting of votes and raises the contest question as to who actually received the majority of the legal ballots a. Who a candidate who has duly filed a certificate of candidacy and may file has been voted to the same office b. Where COMELEC regional, provincial and city officials to file RTC municipal officials

c. When to file d. Grounds for petition e. s

Element

f.

Others

7. Quo warranto a. Who may file b. Where to file c. When to file d. Grounds for petition e. Others

MeTC/ MTC barangay officials Electoral Tribunal president, vice president, senator and congressman within 10 days after proclamation of the winning candidates fraud, vote buying, terrorism, presence of flying voters, misreading or misappreciation of the ballots, disenfranchisement of voters, unqualified members of the board of election inspectors, other election irregularities 1. That protestant is a candidate who has duly filed a certificate of candidacy and had been voted for the same office 2. That the protestee has been proclaimed 3. That the petition was filed within 10 days after proclamation 4. That fraud and election irregularities vitiated the conduct of elections and affected the legality thereof 1. Non-forum certification mandatory; non-compliance may warrant dismissal of petition 2. Payment of docket fee also mandatory ; failure to pay the fee on time deprives the court or the commission of the authority to try the case 3. Withdrawal of the protest is the exclusive prerogative of the protestant 4. An election protest duly commenced is not abated by the death of either the protestant or protestee; the deceased’s legal representative (one who is entitled to the office in the event the deceased’s cause prevails) may be substituted in place of the deceased 5. Acceptance by the protestant of a position does not amount to the abandonment of the election protest 6. The pendency of an election protest is not sufficient basis to enjoin the protestee from assuming office as required of him by law. Until and unless the election protest is decided against the protestee, he has a lawful right to assume and perform the duties of the office to which he has been elected pertains to the eligibility or disability of the winning candidates any voter COMELEC regional, provincial and city officials RTC municipal and barangay officials Electoral Tribunal president, vice president, senator and congressman within 10 days after proclamation ineligibility or disloyalty to the Republic of the Philippines on the part of the winning candidate Exception to the 10-day filing period: one filed on the

ground that the proclaimed candidate is an alien; can be filed anytime Office

Parties Who may file

Consequence

NOTES

3. Criminal prosecution for election offense against the winner

Election protest Disqualification of elected official based on grounds of election frauds or irregularities Protestant and protestee Candidate who has duly filed a certificate of candidacy and has been voted to the same office Protestee may be ousted and the protestant seated in the office vacated

Quo warranto Annul election of winning candidate on grounds of disloyalty and ineligibility Petitioner and respondent Any voter Adverse party

Respondent may be unseated but the petitioner will not be seated; rules on succession and second placer apply On election protest and quo warranto: • May not be availed of jointly and in the same proceeding • Can be separately filed, with the second and latter case suspended until the earlier one is resolved • An action for quo warranto cannot be converted into an election protest a. Vote buying and vote selling b. Conspiracy to bribe voters c. Wagering upon result of election d. Coercion of subordinates e. Threats, intimidation, terrorism, use of fraudulent device or other forms of coercion f. Coercion of election officials and employees g. Appointment of new employees, creation of new position, promotion or giving of salary increases h. Transfer of officers and employees in the civil service i. Intervention of public officers and employees j. Undue influence k. Unlawful electioneering l. Prohibition against dismissal of employees, laborers, or tenants m. Appointment or use of special policemen, special agents, confidential agents or the like n. Illegal release of prisoners before and after election o. Use of public funds, money deposited in trust, equipment, facilities owned or controlled by the government for an election campaign p. Deadly weapons q. Carrying firearms outside residence or place of business r. Use of land, water or air craft s. Wearing of uniforms and bearing arms

Notes

t. Policemen and provincial guards acting as bodyguards or security guards u. Organization or maintenance of reaction forces, strike forces, or other similar forces v. Prohibition against release, disbursement or expenditure of public funds w. Prohibition against construction of public works, delivery of materials for public works and issuance of treasury warrants and similar devices x. Suspension of elective provincial, city, municipal or barangay officer y. On registration of voters z. On voting aa. On canvassing bb.Common to all boards of election inspectors or boards of canvassers cc. On candidacy and campaign dd.Other prohibitions • COMELEC is vested with exclusive authority to conduct preliminary investigation and prosecution of election offenses before the competent court •

ELECTORAL TRIBUNALS Senate Electoral Tribunal/ House of Representatives Electoral Tribunal Role sole judge of all contests relating to the election, returns and qualification of their respective members Election refers to the conduct of the polls, the holding of the election campaign, and the casting and counting of votes Returns refers to the canvass of the returns and proclamation of the winners, including questions concerning the composition of the board of canvassers and the authenticity of the election returns Qualifications pertains to matters that could be raised in a quo warranto proceedings Sole underscores the exclusive jurisdiction of the electoral tribunals relating to the election, returns and qualifications of their members Membership Nine members: 3 justices of the Supreme Court Members of the Senate/HR

Notes

Chairman Senior justice in the electoral tribunal • Judicial review of decisions or final orders of the electoral tribunal is possible only in the exercise of the Supreme Court’s extraordinary jurisdiction

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A COMELEC decision dismissing a petition to cancel a certificate or candidacy for lack of the required residence that has become final before the date of election did not constitute res judicata Presidential Electoral Tribunal Membership Members of the Supreme Court sitting en banc Notes • A protestant is deemed to have abandoned or withdrawn his protest when he ran, won and assumed another elective post