ELECTION LAW

ELECTION

Embodiment of the popular will, the expression of the sovereign power of

the people.
COMPONENTS

■ Choice or selection of candidates to public office by popular vote

■ Conduct of the polls
■ Listing of votes
■ Holding of Electoral campaign
■ Act of casting and receiving the ballots from the voters
■ Counting the ballots
■ Making the election returns
■ Proclaiming the winning candidates
2 TYPES OF ELECTION

■ REGULAR ELECTION is 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 one which is held 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
(ex. To fill in vacancy in office before the expiration of the term for
which incumbent was elected)
ELECTION PERIOD

shall commence 90 days before the day of the election and shall end 30
days thereafter.
CAUSES FOR POSTPONEMENT OF
ELECTION (SEC. 5 OMNIBUS ELECTION CODE)
1. Violence
2. Terrorism
3. Loss or destruction of election paraphernalia/records
4. Force majeure
5. Other analogous causes such that it is impossible to hold a free,
orderly and honest election in any political subdivision
CAN COMELEC POSTPONE THE
ELECTION?
YES, the COMELEC can postpone the election, when decided by a
majority vote of the COMELEC sitting en banc, RA 7166.
1. Motu proprio, or
2. 2. Upon a verified petition by any interested party, after due notice
and hearing.
DATE OF NEW ELECTION

The date of the postponed election should be reasonably close to the

date of the election not held, suspended, or which resulted in a failure to
elect. It should not be later than 30 days after the cessation of the cause
for such postponement or suspension of the election or failure to elect.
Failure of Election (Sec. 6 Omnibus
Election Code)

Pre-Conditions for declaring a failure of election:

■ That no voting has been held in any precinct or precincts because of the
following grounds:
a. Force majeure
b. Violence
c. Terrorism
d. Fraud
e. 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.
■ And, that the votes not cast therein are sufficient to affect the results of the
elections.
HOLDING OF THE SPECIAL
ELECTION
Requisites:
■ There must be failure of election,
■ Such failure would affect the results of the election.
NOTE: In fixing the date of the special election, the COMELEC should see
to it that:
– It should not be later than 30 days after the cessation of the
cause of the postponement or suspension of the election or failure
to elect, and
– It should be reasonably close to the date of the election not held,
suspended, or which resulted in failure to elect.
POLITICAL PARTIES

is an organized group of persons pursuing the same ideology, political

ideas or platforms of government including its branches and divisions.
TYPES OF POLITICAL PARTIES

■ Registered Parties:
1. Dominant Majority Party – usually the administration party;
entitled to a copy of election return
2. Dominant Minority Party – entitled to a copy of election return
3. Majority Political Party
4. Top 3 Political Parties – entitled to appoint principal watcher and a
copy of the certificate of canvass
5. Bottom 3 political parties – entitled to appoint principal watcher
■ Non-registered parties
Criteria to Determine the Type of
Political Party
■ Established Record of the said parties, showing in past elections
■ Number of Incumbent Elective Officials
■ Identifiable political organizations and strengths
■ Ability to fill a complete slate of candidates
■ Other analogous circumstances
Eligibility of Candidates and
Certificates of Candidacy
Elective officials Citizenship Age Literacy Voter Residency
President/VP NATURAL BORN 40 Read and Write Registered 10 in the Philippines
Senator NATURAL BORN 35 Read and Write Registered 2 in the Philippines
District Reps NATURAL BORN 25 Read and Write Registered in district 1 in District
Party-List Reps* NATURAL BORN 25 (if youth sector: Read and Write Registered 1 in Philippines
25-30)
Local Officials CITIZEN *Gov, Vice-Gov, Read and Write Registered in locality 1 in locality
member of Filipino or local dialect
sangguniang
panlalawigan, mayor,
vice mayor,
sangguniang
panlungsod in highly
urbanized cities: 23
*In component
cities/municipalities:
21 *Sangguniang
panlungsod,
sangguniang bayan,
barangay: 18
*Sangguniang
kabataan: 18-24
ARMM Governor NATURAL BORN Read and Write Registered in ARMM 5 in ARMM

ARMM Legislator NATURAL BORN Read and Write Registered in ARMM 5 in ARMM District
District
Rules on filing of certificates of
candidacy
1. No person shall be elected into public office unless he files his
certificate of candidacy within the prescribed period
2. No person shall be eligible for more than one office. If he/she files for
more than one position, he shall not be eligible for any of them unless
he cancels all and retains one before the expiration of the period for
the filing of certificates of candidacy.
3. The certificate of candidacy shall be filed by the candidate personally
or by his duly authorized representative.
4. Upon filing, an individual becomes a candidate. Thus, he is already
covered by rules, restrictions and processes involving candidates.
Effect of Filing of Certificate of Candidacy on
Tenure of Incumbent Government Officials.

■ On appointive officials: They are considered ipso facto resigned from

office upon filing.
■ On elective officials: No effect. The candidate shall continue to hold
office, whether he is running for the same or a different position. (Fair
Election Act).
Rules on Substitution and
Withdrawal of Candidacy
Any candidate may withdraw his/her candidacy anytime before election day.
Substitution is only allowed in the following instances:
1. death
2. withdrawal
3. Disqualification
■ No substitution is allowed for an independent candidate. Only candidates
who are members of and are nominated by a party can be substituted.
■ Substitute candidate may file his/her certificate of candidacy not later
than mid-day of election day.
■ No person who has withdrawn his/her candidacy for a position shall be
eligible as a substituted candidate for any other position.
■ The filing of the withdrawal shall not affect the civil, criminal, or
administrative liabilities the substituted candidate may have already
incurred.
■ In case of valid substitutions, votes cast for substituted candidates are
considered stray, except if the substitute candidate has the same
surname. Official ballots shall provide spaces where voters may write
the names of the substitute candidates. (Fair Election Act).
Grounds for disqualification
under Sec. 12 of the Omnibus
Election Code
1. declared by competent authority as insane or incompetent
2. sentenced by final judgment for subversion, insurrection, rebellion, or any offense
for which he has been sentenced to a penalty of more than 18 months or for a
crime involving moral turpitude, unless given plenary pardon or amnesty.
*disqualification is lifted after the expiration of 5 years for service of sentence
3. Election offenses under Sec 68 of the Omnibus Election Code (OEC)
4. giving money or other material consideration to influence, induce, or corrupt the
voters of public officials performing electoral functions;
5. committing acts of terrorism to enhance his candidacy;
6. spending in his election campaign an amount in excess of that allowed
7. soliciting, receiving, making prohibited contributions; or
8. committing prohibited acts under Sections 80, 83, 85, 86, and 261 pars. d, e, k, v, and cc,
sub-par. 6
9. Not possessing qualifications and possessing disqualifications under the Local Government
Code
10. Sentenced by final judgment for an offense involving moral turpitude or for an offense
punishable by one year or more of imprisonment within two years after serving sentence
11. Removed from office as a result of an administrative case
12. Convicted by final judgment for violating the oath of allegiance to the Republic
13. Dual citizenship ( more specifically, dual allegiance)
14. Fugitives from justice in criminal or nonpolitical cases here or abroad
15. Permanent residents in a foreign country or those who have acquired the right to reside
abroad and continue to avail of the same right
16. Insane or feeble-minded QuickTime™ and a TIFF (Uncompressed) decompressor are
needed to see this picture. Political Law Summer Reviewer ATENEO CENTRAL BAR
OPERATIONS 2007 Page 109 of 125
17. Nuisance candidate
18. Violation of sec 73 of OEC with regard to certificate of candidacy (filing a certificate of
candidacy for more than one office)
19. Violation of sec 78: material misrepresentation in the certificate of candidacy
Effect of a Disqualification case
(RA 6646)

1. 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.
2. 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

■ 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.
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.
2. There should be a showing that:
1. Certificate of candidacy has been filed to put the election process
in mockery/disrepute or
2. To cause confusion among the voters by the similarity of the
names of the registered candidates
3. Other circumstances which clearly demonstrate that the
candidate has no bona fide intention to run for the office
VOTERS QUALIFICATIONS

1. Age: 18 years old and over.

2. Residence: He /she should have resided in the Philippines for one year
and resided in the city/municipality wherein he proposes to vote for at
least 6 months immediately preceding the election.
■ 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:
■ Transfer solely because of occupation, profession, employment in private
or public service
■ b. Educational activities
■ Work in military or naval reservations
■ d. Service in the army, navy or air force, national police force
FAIR ELECTION ACT (RA 9006)

Important features:
1. Repeal of Sec. 67 of the Omnibus Election Code – 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 considered ipso
facto resigned from his office upon filling of his certificate of
candidacy.
2. Lifting of Political Ad Ban – Written and Printed Materials
Authorized Expenses

■ P 10.00 for President and Vice President

■ P 3.00 for other candidates for every voter currently registered in the
constituency
■ P 5.00 for independent candidate and political parties

Note: multiplied with the total number of registered voters

FAIR ELECTION ACT (RA 9006)
Electoral Contributions and Expenditures
CONTRIBUTION (under Sec 94, Omnibus Election Code) –
includes:
1. a gift,
2. donation,
3. subscription,
4. loan,
5. advance or deposit of money or anything of value,
6. a contract, promise or agreement of contribution, whether or not legally
enforceable
7. use of facilities voluntarily donated by other persons, the money value of which
can be assessed based on the rates prevailing in the area.
8. Made for the purpose of influencing the results of the elections.
– DOES NOT INCLUDE services rendered without compensation by individuals
volunteering a portion or all of their time in behalf of a candidate or political party.
EXPENDITURE

■ Includes the payment or delivery of money or anything of value, or a

contract, promise or agreement to make an expenditure, for the
purpose of influencing the results of the election. It shall also include
the use of facilities personally owned by the candidate, the money
value of the use of which can be assessed on the rates prevailing in
the area.
Prohibited Contributions
■ Those made directly or indirectly by any of the following:
1. public or private financial institutions (except loans to a candidate or political
party)
2. public utilities or those exploiting natural resources of the nation
3. persons with contracts to supply the government with goods or services or to
perform construction or other works
4. grantees of franchises, incentives, exemptions, allocations or similar
privileges or concessions by the government
5. persons who, within one year prior to the date of the election, have been
granted loans or other accommodations in excess of P100,000 by the
government
6. educational institutions which have received grants of public funds not less
than P100,000
7. officials or employees in the Civil Service or members of the Armed Forces of
the Philippines; and
8. foreigners and foreign corporations
Prohibited means of raising of
funds (Sec. 97 Omnibus Election
Code)
1. Holding any of the following activities:
– dances
– lotteries
– cockfights
– games
– boxing bouts
– bingo g. beauty contests
– entertainments
– cinematographic, theatrical, or other performances

for the purpose of raising funds for an election campaign or for the support of any
candidate from the commencement of the election period up to an including election
day.
Prohibited means of raising of
funds (Sec. 97 Omnibus Election
Code)
2. It shall also be unlawful for any person or organization to solicit
and/or accept from any candidate for public office any gift, food,
transportation, contribution or donation in cash or in kind
from the commencement of he election period up to and
including election day, EXCEPT normal and customary religious
stipends, tithes or collections.
THE OVERSEAS ABSENTEE
VOTING ACT OF 2003 (RA 9189)
■ The Overseas Absentee Voting Act of 2003, also known as ‘Absentee
Voting Law’, is the law that ‘ensures equal opportunity to all qualified
citizens of the Philippines abroad’ to exercise their right to vote
(suffrage) in the election of President, Vice President, Senators and
Party-List Representatives.
Who are qualified to vote under
the Absentee Voting Law?
■ All citizens of the Philippines abroad, who are not otherwise
disqualified by law, at least eighteen (18) years of age on the day of
elections, may vote for president, vice-president, senators and party-
list representatives. (Sec. 4 R.A. 9189)
Who are disqualified from voting
under the Absentee Voting Law?
1. Those who have lost their Filipino citizenship in accordance with Philippine laws;
2. Those who have expressly renounced their Philippine citizenship and who have
pledged allegiance to a foreign country;
3. Those who have committed and are convicted in a final judgment by a court or
tribunal of an offense punishable by imprisonment of not less than one (1) year,
including those who have committed and been found guilty of Disloyalty as defined
under Article 137 of the Revised Penal Code, such disability not having been removed
by plenary pardon or amnesty; Provided, however, That any person disqualified to
vote under this subsection shall automatically acquire the right to vote upon
expiration of five (5) years after service of sentence; Provided, further, That the
Commission may take cognizance of final judgments issued by foreign courts or
tribunals only on the basis of reciprocity and subject to the formalities and processes
prescribed by the Rules of Court on execution of judgments;
Who are disqualified from voting
under the Absentee Voting Law?
■ 4. An immigrant or a permanent resident who is recognized as such in the host country,
unless he/she executes, upon registration, an affidavit prepared for the purpose by the
Commission declaring that he/she shall resume actual physical permanent residence in
the Philippines not later than three (3) years from approval of his/her registration under
this Act. Such affidavit shall also state that he/she has not applied for citizenship in
another country. Failure to return shall be the cause for the removal of the name of the
immigrant or permanent resident from the National Registry of Absentee Voters and
his/her permanent disqualification to vote in absentia.
■ 5. Any citizen of the Philippines abroad previously declared insane or incompetent by
competent authority in the Philippines or abroad, as verified by the Philippine
embassies, consulates or foreign service establishments concerned, unless such
competent authority subsequently certifies that such person is no longer insane or
incompetent. (Section 5. R.A. 9189)
How shall registration be done?

Registration as an overseas absentee voter shall be done in person.

(Section 6,RA 9189)
VOTER’S REGISTRATION ACT OF
1996 (RA 8189)
■ What kind of registration system do we have?
1. Continuing,
2. Computerized and
3. Permanent
Disqualifications

■ 1. 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.
■ 2. 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:
– UNLESS restored to his full civil and political rights in accordance with law.
– However, he shall regain his right to vote automatically upon expiration of 5
years after service of sentence.
■ 3. Insane or incompetent persons as declared by competent authority.
DEACTIVATION

is the removal from 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.
How is reactivation of registration effected?

1. Sworn application for reactivation

2. Affidavit
3. Not later than 120 days before regular election and 90 days
before special election
Recount
The returns involved will affect the results and the integrity of the ballot box
has been preserved.
Issues that may be raised in a pre-proclamation controversy

1. Illegal composition or proceedings of the board of canvassers

2. 2. The canvassed election returns are incomplete, contain material
defects, appear to be tampered with or falsified, or contain
discrepancies in the same returns or in authentic copies thereof.
3. 3. The election returns were prepared under duress, threats, coercion,
or intimidation, or they are obviously manufactured, or not authentic.
4. 4. When substitute or fraudulent returns in controverted polling places
were canvassed, the results of which materially affected the standing
of the aggrieved candidate/s.
Election Contest
Original Jurisdiction
COMELEC has ORIGINAL jurisdiction over contests relating to the
elections, returns, and qualifications of all elective:
1. Regional
2. Provincial
3. City officials
Appellate Jurisdiction
COMELEC has APPELLATE jurisdiction over all contests involving:
4. Elective MUNICIPAL officials decided by trial courts of GENERAL
jurisdiction
5. Elective BARANGAY officials decided by trial courts of LIMITED
jurisdiction
Who can file a petition contesting the election?

Any candidate who has duly filed a certificate of candidacy and has been
voted for the same office.
Election Offenses

Vote buying and Vote Selling

■ Give, offer or promise money or anything in value
■ Making or offer to make any expenditure, directly or indirectly, or
cause an expenditure to be made to any person, association,
corporation, entity or community.
■ Soliciting or receiving, directly or indirectly, any expenditure or
promise of any office or employment, public or private.
Coercion of a subordinate
■ Who may held liable
– Public officer
– Officer of a public/private corporation/association
– Head/superior/administrator of any religious organization
– Employer/landowner
■ Prohibited Acts
– Coercing, intimidating or compelling or influencing, in any
manner, any subordinates, members, parishioners or employees
or house helpers, tenants to aid, campaign or vote for or against a
candidate or aspirant for the nomination or selection of candidate.
– Dismissing of threatening to dismiss, punishing or threatening to
punish by reducing salary, wages or compensation or by demotion
transfer, suspension.
Appointment of new employees, creation of new position, promotion or giving
salary increases
Who can be held liable:
– Any head/official/appointing officer of a government office, agency or instrumentality,
whether national or local, including GOCCs.
Prohibited acts
a. Appointing or hiring a new employee (provisional, temporary or casual)
b. Creating or filling any new position
c. Promoting/giving an increase in salary, remuneration or privilege to any government
official or employee.
Period when acts are prohibited
d. 45 days before a regular election
e. 30 days before a special election
Exceptions
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 In case of urgent need, a new employee may be
appointed. Notice of appointment should be given to COMELEC within 3 days from
appointment.