Section 70, Omnibus Election Code A political party may nominate and/or support candidates not belonging to it.

. o If a candidate accepts 2 or more nomination, he becomes an INDEPENDENT CANDIDATE. If a candidate has a political party, such party may add P5 to his allowed expenditure per voter of P3, making it P8 per voter Going beyond the P3 is an election offense, may result to disqualification

13. that the obligation imposed by his oath is assumed voluntarily, without mental reservation or purpose of evasion; 14. and that the facts stated in the COC are true to the best of his knowledge. Election Offenses ( See Section 261 and 262 of OEC) Nature of an Election Offense Applies to criminal cases in Omnibus Election Code or other Election Laws 1. Criminal Aspect 2. filed in court go through process in the court evidence guilty beyond reasonable doubt

Certificate of Candidacy (COC) Announcement that a person applies to be voted for public office. Ministerial duty of COMELEC to accept (Sec. 76, OEC); COMELEC cannot deny acceptance of COC; there must be a disqualification case first; due process must be observed and accused must be given his day in court. Contents (Sec. 74, OEC) 1. Shall state that a person filing it is announcing his candidacy for the office stated therein; and that he is eligible for said office; the province, including its component cities, highly urbanized city or district or sector which he seeks to represent; political party to which he belongs; civil status; date of birth; residence; post office address for all election purposes; profession or occupation

Electoral Aspect file disqualification case in COMELEC determine if candidate may be disqualified administrative aspect in the hearing of the electoral aspect in criminal case evidence only needs clear substantial evidence to determine if candidate will be disqualified summary proceedings

2. 3.

4. 5. 6. 7. 8. 9.

For those criminal case not covered by OEC (meaning covered in RPC) there must be final conviction before disqualification For election offenses final conviction not necessary for disqualification Election offenses not subject to probation exclusively under the preliminary investigation jurisdiction of COMELEC

Substitution (Section 77, OEC) applies only in case of death, disqualification or withdrawal; disqualification contemplated here is under Sec. 68, OEC 1. given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions;

10. that he will support and defend the Constitution and will maintain true faith and allegiance thereto; 11. that he will obey all the laws, legal orders, and decrees promulgated by duly constituted authorities; 12. that he is not a permanent resident or immigrant to a foreign country;

2. 3. 4.

committed acts of terrorism to enhance his candidacy; spent in his election campaign an amount in excess of that allowed by this Code; solicited, received or made any contribution prohibited under Sec. 89, 95, 96, 97 and 104; violated any of Sec. 80, 83, 85, 86, and 261 para. D, E, K, V, and CC(6)

Sec. 79 OEC Candidate refers to any person aspiring for or seeking an elective public office, who has filed a certificate of candidacy by himself or through an accredited political party, aggroupment, or coalition of parties There is actually no term as pre-mature campaigning Only considered as a candidate on the start of the campaign period any unlawful act or omission applicable to a candidate shall take effect only upon the start of the campaign period Sec. 66, OEC any person holding a public appointive office or position, shall be considered ipso facto resigned upon filing of COC should be interpreted as resigned on the last day of filing, for option to withdraw deemed a candidate but not for penal laws Political parties must agree on common poster areas (for public places only). For private places, no limitation. Must submit to COMELEC

5.

applies only to political parties; therefore, a guest candidate cannot be substituted because he is independent; applies only when period to file COC is already expired; last day to file substitution is not later than mid-day of the day of election

Petition to deny due course to or cancel a COC (Sec. 78, OEC) remedy to disqualify candidate based on lack of qualification not actually disqualify but to cancel COC because he is not qualified disqualification here is not subject to substitution to circumvent this section, withdrawal should be made before the finality of decision; candidate may now be substituted summary proceedings petition to deny due course shall be filed any time not later than 25 days from the time of the filing of COC if time to file lapsed file a disqualification case (Sec. 74, OEC contents of COC)

RA 7941 Party List Law Filing manifestation to participate, filed in every election at least 90 days before the election, filed with COMELEC In filing include 5 names of nominees who signed acceptance of nomination

Campaign Expenses P3 per voter 180 mins. per TV network Print media COMELEC should pay just compensation; because this is a private entity Multimedia (TV and radio) free of charge; because this is a franchise of the government and subject to limitations and police power of the State

RA 9006 Fair Election Act Repealed Sec. 85 OEC (prohibited forms of election propaganda) now anything can be used as campaign propaganda Contracts must be submitted to COMELEC There must be written acceptance of donations by candidate Sec. 12, RA 9006 substitution of candidates valid substitution after the printing of ballots, votes cast for substituted candidate is stray vote. XPN: same surname

Right to Reply (Sec. 10, RA 9006) Equitable; not absolute; depends on issue and circumstances 2 Phases of campaigning 1st Phase to promote candidacy 2nd Phase attack opponent * Has right to reply on 2nd phase Survey and Exit Poll Survey before election; must be transparent
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Exit Poll after election; to prevent massive election fraud

6 months before election day, 30 days thereafter

Lawful Expenditures (Sec. 102, OEC) Limitations upon expenses of candidates (Sec. 100, OEC) Raised to P3.00 per voter by RA 7166 everything received by candidate during election period is considered donation for purposes of election reported by candidate and political party separately (P3.00 for candidate and plus P5.00 for political party) gifts and donations during election is tax exempt no limit on amount received but expenditures limited to P3.00 gifts must be reported What may be charged in P3.00 + P5.00? Basically everything XPN: 1. 2. 3. cost of counsel/legal expenses reproduction of list of voters printing of sample ballots

Reporting of Expenditures Must be reported to COMELEC 30 days after election (Statement of contributions and expenditures) failure to do so is an administrative offense XPN: Candidates in barangay because considered as non-partisan To be filed where COC was filed If failed to file defense is that it is the duty of the election officer to inform/remind in writing to submit a notice to file

Sec. 104, OEC Prohibited donations by candidates, treasurers of parties or their agents: Any donations made by: 1. 2. 3. 4. 5. Candidate Spouse relative within the second civil degree of consanguinity or affinity campaign manager agent or representative

Registration of Voters RA 8189 The Voters Registration Act of 1996 declared all registrations prior to this Act as null and void Under OEC (previously) no centralized registration; flying voters were present

Election Registration Board (ERB) composed of (1) Election Officer as chairman, (2) public school official most senior in rank, and (3) local civil registrar, or in his absence, the city or municipal treasurer has jurisdiction in approval of registration of voters registration is daily, can be made by anybody meets only once every quarter to approve or act on every registration application must be published and hearing will be done so oppositions can be heard purpose is to eliminate fraudulent applicants file opposition to prevent fraud in preparation of list of voters (anyone can file)

XPN: 1. 2. normal and customary religious dues or contributions periodic payments for legitimate scholarships habitually made before the prohibited period

Prohibited period: during campaign period, on the day before and on the day of election Election Period When election laws are already effective outside election period, election laws are directory; otherwise, they are mandatory

Qualification of voters
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Qualifications: 1. 2. 3. 4. not disqualified by law at least 18 years of age resident of the Philippines for at least 1 year immediately before the election resident of the place where they propose to vote at least 6 months immediately before the election

Cause of deactivation in list of voters failure to vote for 2 consecutive election disqualified for the mean time RA 8189 provides the maximum number of voters per precinct is 200 excess will be transferred to another precinct Precinct map (first precinct is 1, then 1-A, 1-B) In Automated Election 5 precincts are clustered into 1 PICOS Project of Precincts clustering of precincts

Disqualifications: 1. any person sentenced by final judgment to suffer imprisonment for not less than 1 year, such disability not having been removed by plenary action or amnesty any person who has been adjudged by final judgment by a competent court or tribunal of having committed any crime involving disloyalty to the duly-constituted government, such as rebellion, insurrection, violation of firearms laws, or any crime against national security unless restored to his full civil and political rights in accordance with law insane or incompetent person as declared by competent authority unless subsequently declared by proper authority that such person is no longer insane or incompetent

Sec. 199 and 200, OEC Remedy/Challenge the identity of voters who is: 1. Identity or suffering from disqualifications (Sec. 199, OEC) not registered, for using the name of another or suffering from existing disqualification Challenge based on certain illegal acts (Sec. 200, OEC) a. received or expects to receive, has paid, offered or promised to pay in consideration of his vote or the vote of another; that he has made or receive a promise to influence the giving or withholding of any such vote or that he has made a bet or is interested in a bet which depends upon the results of the election

2.

2.

3.

b.

if registration is approved Voters Identification Number is given and name is included in list of voters if disapproved notice of disapproval is given remedy if go to court (MTC lowest level court) and file petition for intrusion of list of voters immediately (100 days prior to date of election) special proceedings purpose is to establish a status; not adversarial ERB must be impleaded as a party governed by Rules of Court Petition for Exclusion to oppose if voter was already registered filed 100 days before election or 65 days if special election if only one precinct, regardless of number of defendants, only one case is filed name is merely deactivated not removed because there is only one registration for life remedy is to apply for reactivation to ERB (there must be hearing) If transfer of residence go to ERB of the place intended for transfer and file application for transfer voters affidavit will physically be transferred

Book of Voters conclusive evidence that a person can vote

Precinct vs. Polling Place Precinct electoral jurisdiction created by law (COMELEC) designated by COMELEC every barangay 1 precinct not more than 200 voters Polling Place place where a person goes to vote like a school neutral ground physical structure where a person casts ballot COMELEC approves designation which cannot be changed or transferred XPN: (1) with a majority vote of all members of the precinct; or (2) unanimous agreement of all political parties; or (3) COMELEC upon petition with hearings can transfer on reasonable ground
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Automated Elections Act (RA 9369) provides for clustering of 5 precincts to one polling place because of PICOS machines

reports on election day at 6:30 am cannot claim absentee voting two watchers per precinct per party or candidate

Board of Election Inspectors (Art. 14, OEC) Composition 3 teachers only should be registered voters assigned by COMELEC after submission of their names 1 month before election relationship to candidate is a disqualification, even close familiarity must be neutral and impartial and must be seen as one supervises and conducts casting of votes have plenary power over the precinct can order imprisonment of anybody who disturbs the process of conduct of election should be allowed to vote first before imprisonment RA 9369 provides for a fourth member who is an expert in PICOS machines called Computer Consultant must have certification from DOST that they are well trained and experts in automated election can exercise absentee voting up to the jurisdiction of the province for military and police, national in scope and should vote in advance vote only for national candidates

Official Ballots (Art. 16, OEC) Section 181 features of the ballots made differently to prevent forgery or falsification must be uniform

Casting of votes (Art. 17, OEC) Section 196 preparation of ballots for illiterate and disabled persons one who assists is allowed to do so 3 times Section 203 minutes of voting and counting of votes assistor must be listed in minutes and the particular illiterate and disabled must sign determined if illiterate is in voters registration record 1. 2. time voting commenced and ended serial numbers of the official ballots and election returns, special envelopes and seals received number of official ballots used and number of left unused number of voters who cast their votes number of voters challenged during the voting names of the watchers present time the counting of votes commenced and ended number of official ballots found inside the compartment for valid ballots number of valid ballots, if any, retrieved from the compartment of spoiled ballots

Watchers (Art. 15, OEC) every political party and candidate is allowed a watcher representative of candidate in a polling place principal watchers only 6 representing the dominant parties significance is that they may sign the election returns and certificate of canvass COMELEC will determine the dominant by number of votes in the preceding election watchers must be registered voters relationship with BEI is a disqualification (4 th civil degree) relationship with a candidate is not a disqualification there must be an appointment from the candidate or political party to be designated as watcher on election date, go directly to chairman of BEI and introduce as watcher and register in minutes of voting and sign therein 3. 4. 5. 6. 7. 8. 9.

10. number of ballots, if any, folded together 11. number of spoiled ballots withdraws from the compartment of valid ballots 12. number of excess ballots 13. number of marked ballots 14. number of ballots read and counted
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15. time the election returns were signed and sealed in their respective special envelopes 16. the number and nature of protests made by watchers 17. such other matters that the Commission may require Section 199 Challenge of illegal voters record challenge in minutes form a complaint conduct summary hearing then and there Section 200 Challenge based on certain illegal acts challenge an illegal act summary hearing then and there challenge registration of voter; if failed > exclusion proceedings; if failed > challenge under Sec. 199 and 200 o o

case of doubt, resolve in favor of the right of suffrage idem sonans similar sound, considered as valid vote In COC, nicknames can be registered, must be one in which a candidate is popularly known

Sec. 213, OEC Proclamation of the result of election in the polling place after proclamation of number of votes, ER cannot be corrected In any case, ER can only be corrected to the extent of counting of the total, tarrass cannot be corrected because this is substantive If ER cannot be corrected, remedy is an Election Protest Sec. 215, OEC BEI to issue a certificate of the number of votes polled by the candidates for an office to the watchers

Counting of votes (Art. 18, OEC) BEI must destroy unused ballots before counting by tearing in half Sec. 206, OEC counting to be public and without interruption counting is merely physical Ballots are transferred to election returns after transferring ballots become insignificant ER becomes official count ER always prevails over the ballots ER is basis for proclamation Voters registration records used to determine the number of those who voted Excess 3 ballots compared to Voters registration records the 3 teachers as absentee voters Sec. 207, OEC Excess ballots pick excess at random to be not included in the counting Sec. 211, OEC Appreciation of ballots o stray votes invalid; XPN: intent rule and neighborhood rule intent rule no other name was written in the ballot and the name written pertaining to only one candidate is valid even if written anywhere; clear intention to vote for the particular candidate

Canvass and Proclamation (Art. 19, OEC) after proclamation of result of election in polling place, ER is transmitted to the Board of Canvassers BOC is by municipality/city > province > national Function of BOC 1. 2. canvass and tally all ER in one government unit proclaim the winner issue Certificate of Canvass and Proclamation

Objection in the inclusion of a canvass of ER Pre-Proclamation Controversy Proclamation of BOC end of being a candidate and start of being a public official Jurisdiction of disqualification cases Candidates COMELEC Public Official proper electoral tribunal

Pre-proclamation Controversy (Art. 20, OEC) refers to any question pertaining to or affecting the proceedings of the board of canvassers which may be raised by any candidate or by any registered political party or coalition of political parties before the board or directly with the Commission regarding the: 1. preparation
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marked ballot intention is to identify; invalid because it violates the secrecy of ballot as guaranteed by constitution) nothing follows is a sign of desistance to vote and not a marked ballot because in

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transmission receipt custody appreciation of ER or Certificate of Canvass

pre-proclamation controversy is filed before the BOC

RA 7166 (Synchronized Election) Raise oral objection Simultaneously file written petition for exclusion Within 24 hours present evidence (a) certificate of votes and (b) affidavits Board will finish canvassing, then go back to the objected votes Boards decision can be appealed within 48 hours with COMELEC en banc Within 5 days, file memorandum supported with laws, facts, cases, on which appeal is based upon

After Certificate of Canvass and Proclamation within 10 days Election Protest (Art. 21, OEC) can be instituted Election Protest process of ascertaining the winner through recount of ballots As compared to Pre-proclamation controversy where ER is basis for ascertaining the winner Jurisdictions: Municipal BOC RTC Provincial COMELEC National SET, HRET, PET RA 7166, Sec. 15 provides that no pre-proclamation controversy may be raised for positions of President, Vice-President, Senators, Congressmen remedy is petition for correction of manifest error only the preparation can be questioned and only those obvious to the face