Professional Documents
Culture Documents
Election
Embodiment of the popular will, the expression of the sovereign power of the people.
Components
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
1) Registered Parties:
a. Dominant Majority Party usually the administration party; entitled to a copy of election
return
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b. Dominant Minority Party entitled to a copy of election return
c. Majority Political Party
d. Top 3 Political Parties entitled to appoint principal watcher and a copy of the certificate
of canvass
e. Bottom 3 political parties entitled to appoint principal watcher
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
A. 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.
B. 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
1. May refuse to give due course to or cancel a certificate of candidacy of a
nuisance candidate. This can be done motu proprio or upon verified petition of
an interested party.
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.
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:
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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
Rally streamers (3 x 8) NOT MORE THAN 2
Paid Advertisements at Discounted Rates
Print : 1/4th page in broadsheet and page in tabloid 3x
a week
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
Voters
Qualifications
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:
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
Cancellation of Registration in case of Death
New voters
Annulment of Book of Voters
Transfer of Residence
Deactivation means removing the registration records of persons from the precinct book of
voters and place the same, properly marked and dated in indelible ink, in the inactive file
after entering the cause of deactivation.
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,
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intimidation, force, any similar irregularity or which contains data that are statistically
improbable
Cannot be done within 90 days before election
Postponement of Election
Causes
Violence
Terrorism
Loss or destruction of election paraphernalia/records
Force majeure
Other analogous causes
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
Failure of Election
Causes
Force majeure
Violence
Terrorism
Fraud
Other analogous causes
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.
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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.
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
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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
No party shall be entitled to more than 3 seats
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.
Pre-Proclamation Controversies
Definition
A. A pre-proclamation controversy refers to any question pertaining to or affecting the
proceedings of the board of canvassers which may be raised by any candidate or by
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any registered political party or coalition of political parties before the board or
directly with the COMELEC.
B. 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)
1. When election returns are delayed, lost or destroyed (Sec.233)
2. Material defects in the election returns (Sec. 234)
3. When election returns appear to be tampered with or falsified. (Sec. 235)
4. Discrepancies in election returns (Sec. 236)
C. Those that can be filed with COMELEC directly are the ff:
Issue involves the illegal composition or proceedings of the board of canvassers,
as when a majority or all of the members do not hold legal appointments or are in
fact usurpers
Issue involves the correction of manifest errors in the tabulation or tallying
of the results during the canvassing
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
It suspends the running of the period within which to file an election protest or quo
warranto proceedings.
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.
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When pre-proclamation cases are deemed TERMINATED (RA 7166)
A. All pre-proclamation cases pending before the COMELEC shall be deemed terminated
at the beginning of the term of the office involved and the rulings of the boards of
canvassers concerned deemed affirmed.
B. This is without prejudice to the filing of a regular election protest by the aggrieved party.
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.
Coercion of a subordinate
B. Prohibited acts
1. Coercing, intimidating or compelling or influencing, in any manner, any
subordinates, members, parishioners or employees or house helpers, tenants,
overseers, farm helpers, tillers or lease holders to aid, campaign or vote for or
against a candidate or aspirant for the nomination or selection of candidates.
2. Dismissing or threatening to dismiss, punishing or threatening to punish by
reducing salary, wage or compensation or by demotion, transfer, suspension etc.
B. Prohibited acts
1.Appointing or hiring a new employee (provisional, temporary or casual)
2.Creating or filling any new position
3.Promoting/giving an increase in salary, remuneration or privilege to any
government official or employee.
D. Exceptions
1. Upon prior authority of COMELEC if it is satisfied that the position to be filled is
essential to the proper functioning of the office/agency concerned AND that the
position is not filled in a manner that may influence the election
2. In case of urgent need, a new employee may be appointed. Notice of
appointment should be given to COMELEC within 3 days from appointment.
B. Prohibited acts:
The release, disbursement or expenditure of public funds for any and other kinds
of public works
D. Exception
1. maintenance of existing/completed public works project.
2. work undertaken by contract through public bidding, or by negotiated contract
awarded before the 45 day period before election
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.
4. Emergency work necessitated by the occurrence of a public calamity but such
work shall be limited to the restoration of the damaged facility.
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
1. With prior approval of COMELEC
2. Suspension is for the purpose of applying the Anti-Graft and Corrupt Practices
Act
A. Causing the printing of official ballots and election returns by printing establishments not
on contract with COMELEC and printing establishments which undertakes unauthorized
printing
B. Tampering, increasing or decreasing the votes received by a candidate or refusing after
proper verification and hearing to credit the correct votes or deduct the tampered votes
(committed by a member of the board of election inspectors)
C. Refusing to issue the certificate of voters to the duly accredited watchers (committed by
a member of the BEI)
D. Person who violated provisions against prohibited forms of election propaganda
E. Failure to give notice of meetings to other members of the board, candidate or political
party (committed by the Chairman of the board of canvassers)
F. A person who has been declared a nuisance candidate or is otherwise disqualified who
continues to misrepresent himself as a candidate (Ex. by continuing to campaign) and
any public officer or private individual who knowingly induces or abets such
misrepresentation by commission or omission.
G. 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)
Jurisdiction of courts
A. RTC has exclusive original jurisdiction to try and decide any criminal action or
proceedings for violation of the Code.
B. MTC/MCTC have jurisdiction over offenses relating to failure to register or vote.