ELECTION: INTRODUCTION
AND HISTORY
Chapter 1
Suffrage – the right to vote in the election of officers
chosen by the people and in determination of questions submitted to the people; it includes election, plebiscite, initiative and referendum.
Nature of Suffrage:
1. Mere privilege- Not a natural right of the citizens but a mere privilege to be given or withheld by the lawmaking power subject to constitutional limitations.
2. Political Right- enabling citizens to
participate in the process of government to assure that it derives its power from the consent of the governed.
Voting – the act or exercise of one’s right to suffrage Election – the means by which the people choose
their officials for a definite and fixed period and to whom they entrust for the time being the exercise of the powers of government.
Kinds:
1. Regular – one provided by law for election of officers either nationwide or in certain subdivisions thereof, after expiration of the full term of the former members; participated in by those who possess the right of suffrage, are not otherwise disqualified by law, and who are registered voters.
The SK election is not a regular election because the latter is participated in by youth with ages ranging from 15-21 (now 15-18 per
R.A. 9164), some of whom are not qualified
voters to elect local or national elective officials (Paras v. COMELEC).
2. Special – one held to fill any vacancy in an office before the expiration of the full term for which the incumbent was elected.
Plebiscite – the electoral process by which an
initiative on the Constitution is approved or rejected by the people; it also the means by which the voters in affected areas consent or object to the change in the form of local government.
Initiative – the power of the people to propose
amendments to the Constitution or to propose and enact legislations through an election called for the purpose.
Referendum – the power of the electorate to approve
or reject legislation through an election called for the purpose.
Recall – a mode of removal of a local elective official
by the people before the end of his term of office.
Theory on Suffrage prevailing in the Philippines:
Suffrage is both a right and a privilege. It is a right because it is the expression of the sovereign will of the people. It is a privilege because its exercise is granted not to everybody but to the persons or class of persons as are most likely to exercise it for the purpose of the public good.
System of Election Adopted in the Philippines:
Since 1901, the Australian system, first conceived by Francis Dutton, a member of the Legislature of South Australia. The distinguishing feature of the system is STRICT SECRECY IN BALLOTING.
Election Period: Unless otherwise fixed by the
Commission in special cases, the election period shall commence ninety days before the day of
election and shall end thirty days thereafter (Sec. 9, Art. IX-C, 1987 Constitution).
Campaign Period:
3. Presidential and Vice Presidential Election – 90 days;
4. Election of Members of Congress and Local Election – 45 days; and Barangay Election – 15 days
4. Special Election under Art. VIII, Sec. 5,
The campaign periods shall not include the day before and the day of the election (Sec. 3, B.P.
881).
History of Election
1. 1897 Biak na Bato Constitution No suffrage
2. 1899 Malolos Constitution No suffrage
3. 1935 Constitution
-Suffrage is limited to male citizens, 21 years of age, and able to read and write. -Suffrage for women is subject to plebiscite of 300,000 women.
4. 1973 Constitution
-suffrage is mandatory. Failure to register is an election offense.
5. 1987 Constitution
THE COMMISSION ON ELECTIONS
Chapter 2
Jurisdiction
General Rule: The COMELEC sitting en banc does
NOT have the requisite authority to hear and decide election cases in the first instance. This power pertains to the divisions of the Commission. Any decision by the Commission en banc as regards election cases decided by it in the first instance is null and void (Abad v. COMELEC)
Exceptions:
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 (Garvida v. Sales, Jr.) 3. Where the petitioner invoked the jurisdiction of
the COMELEC en banc, participated in its proceedings and sought relief therefrom, in which instance he is estopped to subsequently question the jurisdiction of the COMELEC en banc
(Ramirez v. COMELEC);
4. Petitions for the postponement, declaration of failure of election and the calling of special elections (Loong v. COMELEC); and
5. The COMELEC en banc has the power to prosecute election cases, and in the exercise of such prosecutory power, it conducts preliminary investigation, decides whether or not there exists a probable cause and files the corresponding information in court. (Faelnar v. People).
Powers and Functions:
1. Enforcement and Administration of Election Laws and Regulations
2. Power to ensure free, honest, orderly credible and peaceful elections.
3. Rule Making Power 4. Quasi-Legislative Functions 5. Quasi-Judicial Power 6. Contempt and Subpoena 7. Auxiliary writs and processes 8. Specific Powers
a. Power to declare failure of elections
Two conditions must concur before the COMELEC can act on a petition seeking to declare a failure of elections:
i. No voting took place in the precinct or precincts on the date fixed by law, or even if there was voting, the election resulted in failure to elect; and
ii. The votes not cast would have affected the result of the elections. (Dibratun v. Comelec)
*The cause of such failure of election could only be any of the following: force majeure, violence, terrorism, fraud, or other analogous cases. b. Power to call for special elections
In fixing the date for special elections, the Comelec should see to it that: i. 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
ii. It should be reasonably close to the date of the election not held, suspended or which resulted in the failure to elect. (Pangandaman v. Comelec)
c. Power to postpone elections
d. Power to correct manifest errors in election documents
With the introduction of the PCOS System pursuant to R.A. 9369, every copy should be as good and as clear as the first one. Hence, the problem of manifest errors might be a thing in the past. (R. Avila, Fundamentals of Election
Law, p. 59 (2010))
e. Power to order recanvass of votes
f. Power to annul or suspend proclamation of elected candidates
g. Power to annul an illegal canvass h. Power to transfer polling places
i. Power to Transfer Venue of Canvassing of Votes
j. Power to order opening of ballot boxes k. Power to conduct initiative and plebiscite 9. Other Specific Powers
a. Deputization of Peace Officers b. Investigatory and Prosecutorial Power c. Deputization of or Endorsement to
Prosecutors
10. Power of exclusive control and supervision over the Automated Election System (Sec. 26, RA
8436)
Stand-by Power of COMELEC: If it shall no longer be reasonably possible to observe the periods and dates prescribed by law for certain pre-election acts, the Commission shall fix other periods and dates in order to ensure accomplishment of the activities so voters shall not be deprived of their suffrage (Sec. 28, R.A.
8436 & Sec. 29 of R.A. 6646, adopted pursuant to Sec. 9, Art. IX-C of the 1987 Constitution).
This stand-by power, however, does not apply to fixing the date of registration of votes because Sec. 8 of R.A. 8189, which provides for a continuing registration of voters, specifically states that: “No registration shall, however, be conducted during the period starting one hundred twenty (120) days before a regular election and ninety (90) days before a special election.
Powers NOT Granted to the COMELEC:
1. No power to decide questions involving the right to vote
2. No power to include and exclude voters
Currently, jurisdiction to decide controversies on inclusion or exclusion of voters belongs to the Municipal Trial Court.
History of COMELEC
COMELEC was organized under CA No. 607 enacted on August 22, 1940.
The power to enforce the election laws was originally vested in the president and exercised through the Department of Interior. COMELEC was then transformed to a
Constitutional Body by virtue of the 1940 amendments to the 1935 Constitution which took effect on December 2, 1940.
1973 Constitution broadened the powers of the COMELEC by making it the sole judge of all election contests relating to election returns, and qualifications of members of the national legislature and elective provincial and city officials.
The 1987 Constitution grants the COMELEC the exclusive original jurisdiction to enforce and administer all laws and regulations relative to the conduct of elections, plebiscites, initiative, referendum, and recalls, election contests involving regional, provincial and city elective officials . (Loong vs. COMELEC)
1935 Constitution
Composition: Chairman and two Commissioners
Term: 9 years
Composition: Chairman and eight Commissioners
Term: 7 years without reappointment
1987 Constitution
Composition: Chairman and six Commissioners
Term: 7 years without reappointment
Case Digest: Power of COMELEC
Election for the Office of the Representatives was held. Because of the alleged irregularity in the canvassing of votes, COMELEC issued a resolution to reopen the ballot boxes to obtain judicial remedies under section 163 of the Revised Election Code. WON the resolution is valid.
The COMELEC has the power to investigate and act on the propriety or legality of the canvass of election returns made by the board of canvassers. Cauton vs. COMELEC)
_____
The Congress enacted R.A. 8436 for the Automation of Election System. The Automated Machines used during the election did not properly read the votes
casted. COMELEC issued a minute resolution
ordering a manual count. WON the resolution is valid.
To continue with the automated count would result in a grossly erroneous count. The resolution merely reinforces the collective efforts to endow COMELEC with enough power to hold free, honest, orderly, and credible elections. (Loong vs. COMELEC)
Judicial Recount
Election was held; one of the candidates filed a petition to annul the canvass and proclamation due to alleged irregularity in the canvassing. The COMELEC issued a resolution annulling the canvass and proclamation.
The requisites for judicial recount
1. Appearing to the Board of Canvassers that discrepancy exists.
2. Discrepancy is between the copy submitted to the Board and another authentic copy thereof.
3. Authentic copy must also be submitted to the Board. (Purisima vs. Salanga)
Exercise of discretion
A coalition of several political parties was awarded the right to have the minority representation in the Board of Election Inspectors. Upon the termination of the coalition, the COMELEC granted the said right to another political party.
WON the modification is valid.
The COMELEC shall have the discretion to choose the minority inspector. The modification by the Commission of its ruling awarding the minority inspector to another party is a legal exercise of the discretion vested. (Sumulong vs. COMELEC)
Period in rendering decision
An election case was filed before the COMELEC en banc. En banc failed to render its decision within 90 days from the date the case was submitted for decision as mandated by law.
WON the decision is still valid.
The COMELEC has numerous cases before it, Considering the manpower and logistic limitations, it is sensible to treat the procedural requirements on deadlines realistically. (Alvarez vs. COMELEC)
VOTERS AND VOTER
REGISTRATION
Chapters 3 and 4
*Sections 113 to 148 of the Omnibus Election Code
have been repealed or modified to the extent that they are inconsistent with the provisions of R.A. 8189 or the Voter’s Registration Act of 1996.
Registration – refers to the act of accomplishing and
filing of a sworn application for the registration by a qualified voter before the election officer of the city or municipality wherein he resides and including the same in the book of registered voters upon approval by the Election Registration Board (R.A. 8189, Sec 3
(a)).
Registration Record – an application for registration
duly approved by the Election Registration Board
All registration records in a precinct are compiled in a Book of Voters, which is generally used by the Board of Election Inspectors for reference in cases of conflicts and inadequacies in the posted list of voters.
List of Voters – refers to an enumeration of names
of registered voters in a precinct duly certified by the Election Registration Board for use in the Election
Qualifications for Suffrage:
(Sec. 1, Art. V, Constitution)
1. Filipino citizen;
2. At least 18 years of age;
3. Resident of the Philippines for at least one year; 4. Resident of the place where he proposes to vote
for at least 6 months; and
5. Not otherwise disqualified by law.
It is incumbent upon one who claims Philippine citizenship to prove to the satisfaction of the court that he is really a Filipino. No presumption can be indulged in favor of the claimant of Philippine citizenship, and any doubt regarding citizenship must be resolved in favor of the state (Go v.
Ramos)
In election cases, the Court treats domicile and residence as synonymous terms. Both import not only an intention to reside in a fixed place but also personal presence in that place, coupled with conduct indicative of such intention. Domicile denotes a fixed permanent residence to which when absent for business or pleasure, or for like reasons, one intends to return (Pundaodaya v
Comelec)
No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.
There exists no presumption that a person is entitled to vote and that the burden is in the voter to prove that he has the qualifications and none of the disqualifications prescribed by law (U.S. v.
Tria)
Any person who transfers residence to another city, municipality or country solely by reason of his occupation; profession; employment in private or public service; educational activities; work in military or naval reservations; service in the army, navy or air force; the constabulary or national police force; or confinement or detention in government institutions in accordance with law, shall be deemed not to have lost his original residence (Sec. 117, OEC).
Disqualifications:
(Sec. 118, OEC)
1. Person convicted by final judgment to suffer imprisonment for not less than 1 year, unless pardoned or granted amnesty; but right is reacquired upon expiration of 5 years after service of sentence;
2. Person adjudged by final judgment as having committed any crime involving disloyalty to government or any crime against national security; but right is reacquired upon expiration of 5 years after service of sentence; and
3. Insane or incompetent persons as declared by
competent authority.
Registration of Voters
In order that a qualified elector may vote in any election, plebiscite or referendum, he must be registered in the permanent list of voters for the city or municipality in which he resides (Sec. 115, OEC). Registration does not confer the right to vote; it is
but a condition precedent to the exercise of the right. Registration is a regulation, not a qualification (Yra v. Abano)
System of Continuing Registration –The personal filing of application of registration of voters shall be conducted daily in the office of the Election Officer during regular office hours. No registration shall, however, be conducted during the period starting one hundred twenty (120) days before a regular election and ninety (90) days before a special election (Sec. 8, R.A.
Congress itself has determined that the period of 120 days before a regular election and 90 days before a special election is enough time for the COMELEC to make ALL the necessary preparations with respect to the coming elections including:
i. Completion of project precincts, which is necessary for the proper allocation of official ballots, election returns and other election forms and paraphernalia;
ii. Constitution of the Board of Election Inspectors, including the determination of the precincts to which they shall be assigned; iii. Finalizing the Computerized Voters List; iv. Supervision of the campaign period; and v. Preparation, bidding, printing and distribution
of Voter’s Information Sheet. Such determination of Congress is well within the ambit of its legislative power, which this Court is bound to respect. (Kabataan
Party-list Representative Raymond Palatino v. Commission on Elections)
Disqualification – The same grounds for the disqualifications for suffrage.
Illiterate or Disabled Voters – may register with the assistance of the Election Officer or any member of an accredited citizen’s arms; application for registration may be prepared by any relative within the fourth civil degree of consanguinity or affinity or by the Election Officer or any member of an accredited citizen’s arms using the data supplied by the applicant (Sec. 14,
R.A. 8189).
An ILLITERATE OR DISABLED PERSON refers to one who cannot by himself prepare an application for registration because of his physical disability and/or inability to read and write (Sec. 3, R.A. 8189)
No voter shall be allowed to vote as illiterate or person with disability / disabled, unless such fact is indicated in the EDCL or the Voter’s
Registration Record (Sec. 30, Comelec Instructions to the BEI, December 29, 2009)
Election Registration Board – There shall be in each city and municipality as many Election Registration Boards as there are election officers therein; shall be composed of the Election Officer as chairman and as members, the public school official most senior in rank and the local civil registrar, or in his absence, the city or municipal treasurer. No member of the Board shall be related to each other or to any incumbent city or municipal elective official within the fourth civil degree of consanguinity or affinity (Sec. 15, R.A.
8189). .
Challenges to Right to Register – Any voter, candidate or representative of a registered political party may challenge in writing any application for registration, stating the grounds therefor. The challenge shall be under oath and be attached to the application, together with the proof of notice of hearing to the challenger and the applicant. Oppositions to contest a registrant’s application for inclusion in the voter’s list must, in all cases, be filed not later than the second Monday of the month in which the same is scheduled to be heard or processed by the Election Registration Board. The hearing on the challenge shall be heard on the third Monday of the month and the decision shall be rendered before the end of the month (Sec. 18, R.A. 8189). Deactivation of Registration – The board shall deactivate the registration and remove the registration records of the following persons from the corresponding precinct book of voters and place the same, properly marked and dated in indelible ink, in the inactive file after entering the cause or causes of deactivation:
a. Any person who has been sentenced by final judgment to suffer imprisonment for not less than one (1) year, such disability not having been removed by plenary pardon or amnesty: Provided, however, That any person disqualified to vote under this paragraph shall automatically reacquire the
right to vote upon expiration of five (5) years after service of sentence as certified by the clerks of courts of the Municipal/ Municipal Circuit/ Metropolitan/ Regional Trial Courts and the Sandiganbayan;
b. Any person who has been adjudged by final judgment by a competent court or tribunal of having caused/committed any crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation of the anti-subversion and firearms laws, or any crime against national security, unless restored to his full civil and political rights in accordance with law; Provided, That he shall regain his right to vote automatically upon expiration of five (5) years after service of sentence;
c. Any person declared by competent authority to be insane or incompetent unless such disqualification has been subsequently removed by a declaration of a proper authority that such person is no longer insane or incompetent;
d. Any person who did not vote in the two successive preceding regular elections as shown by their voting records. For this purpose, regular elections do not include the
Sangguniang Kabataan (SK) elections;
e. Any person whose registration has been ordered excluded by the Court; and
f. Any person who has lost his Filipino citizenship (Sec. 27, R.A. 8189).
Reactivation of Registration – Any voter whose registration has been deactivated pursuant to the preceding Section may file with the Election Officer a sworn application for reactivation of his registration in the form of an affidavit stating that the grounds for the deactivation no longer exist any time but not later than one hundred twenty (120) days before a regular election and ninety (90) days before a special election. The Election Officer shall submit said application to the Election Registration Board for appropriate action
(Sec. 28, R.A. 8189).
Preparation and Posting of the Certified List
of Voters – The Board shall prepare and post
certified list of voters ninety (90) days before a regular election and sixty (60) days before a special election and furnish copies thereof to the provincial, regional and national central files. Copies of the certified list, along with a certified list of deactivated voters categorized by precinct per barangay, within the same period shall likewise be posted in the office of the Election Officer and in the bulletin board of each city/municipal hall. Upon payment of the fees as fixed by the Commission, the candidates and heads of registered political parties shall also be furnished copies thereof (Sec. 30, R.A. 8189).
Inclusion and Exclusion Proceedings: COMELEC
has no jurisdiction to resolve the issue regarding the right to vote, the same being cognizable by the courts in the proceedings for the exclusion or inclusion of voters (Canicosa v. COMELEC).
Common Rules Governing Judicial
Proceedings in the Matter of Inclusion, Exclusion and Correction of Names of Voters
(Sec. 32, R.A. 8189):
a. Petition for inclusion, exclusion or correction of names of voters shall be filed during office hours;
b. Notice of the place, date and time of the hearing of the petition shall be served upon the members of the Board and the challenged voter upon filing of the petition; c. A petition shall refer only to one (1) precinct
and shall implead the Board as respondents; d. No costs shall be assessed against any party
in these proceedings. However, if the court should find that the application has been filed solely to harass the adverse party and cause him to incur expenses, it shall order the culpable party to pay the costs and incidental expenses;
e. Any voter, candidate or political party who may be affected by the proceedings may intervene and present his evidence;
f. The decision shall be based on the evidence presented and in no case rendered upon a
stipulation of facts. If the question is whether or not the voter is real or fictitious, his non-appearance on the day set for hearing shall be prima facie evidence that the challenged voter is fictitious; and
g. The petition shall be heard and decided within ten (10) days from the date of its filing. Cases appealed to the Regional Trial Court shall be decided within ten (10) days from receipt of the appeal. In all cases, the court shall decide these petitions not later than fifteen (15) days before the election and the decision shall become final and executory. Jurisdiction in Inclusion and Exclusion Cases
– The Municipal and Metropolitan Trial Courts
shall have ORIGINAL AND EXCLUSIVE jurisdiction over all cases of inclusion and exclusion of voters in their respective cities or municipalities. Decisions of the Municipal or Metropolitan Trial Courts MAY BE APPEALED by the aggrieved party to the Regional Trial Court within five (5) days from receipt of notice thereof. Otherwise, said decision shall become final and executory. The regional trial court shall decide the appeal within ten (10) days from the time it is received and the decision shall immediately become final and executory. No motion for reconsideration shall be entertained (Sec. 33,
R.A. 8189).
It is not within the competence of the trial court, in exclusion proceedings, to declare the challenged voter as a resident of another municipality. The jurisdiction of the trial court is limited only to determining the right of the voter to remain in the list of voters or to declare that the challenged voter is not qualified to vote in the precinct in which he is registered, specifying the ground for the voter’s disqualification. (Domino v Comelec) Petition for Inclusion – Any person whose
application for registration has been disapproved by the Board or whose name has been stricken out from the list may file with the court a petition to include his name in the permanent list of voters in his precinct at any time except one
hundred five (105) days prior to a regular election or seventy-five (75) days prior to a special election. It shall be supported by a certificate of disapproval of his application and proof of service of notice of his petition upon the Board. The petition shall be decided within fifteen (15) days after its filing (Sec. 34, R.A. 8189).
Petition for Exclusion: Any registered voter, representative of a political party or the Election Officer, may file with the court a sworn petition for the exclusion of a voter from the permanent list of voters giving the name, address and the precinct of the challenged voter at any time except one hundred (100) days prior to a regular election or sixty-five (65) days before a special election. The petition shall be accompanied by proof of notice to the Board and to the challenged voter and shall be decided within ten (10) days from its filing (Sec. 35, R.A. 8189).
Annulment of Book of Voters: The Commission
shall, upon verified petition of any voter or election officer or duly registered political party, and after notice and hearing, annul any book of voters that is not prepared in accordance with the provisions of this Act or was prepared through fraud, bribery, forgery, impersonation, intimidation, force or any similar irregularity, or which contains data that are statistically improbable. No order, ruling or decision annulling a book of voters shall be executed within ninety (90) days before an election (Sec. 39, R.A.
8189).
The annulment of the list of voters shall not constitute a ground for a pre-proclamation contest (Ututalum v. COMELEC)
.
Overseas Absentee Voting Act (R.A. 9189)
Absentee voting- the process by which ratified citizen of the Philippines abroad exercises their right to vote. (Sec. 3)
Overseas Absentee Voter" refers to a citizen of the Philippines who is qualified to register and vote under this Act, not otherwise disqualified by
law, who is abroad on the day of elections. (Sec. 3)
Coverage: All citizens of the Philippines abroad, who are not otherwise disqualified by law, at least 18 years of age, may vote for President,
Vice-President, Senators, and Party-list
Representatives.
Disqualifications:
(Sec. 5)
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; 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.
Personal Overseas Absentee Registration. – Registration as an overseas absentee voter shall be done in person. (Sec. 6)
The embassies, consulates and other foreign service establishments shall transmit within (5) days from receipt the accomplished registration forms to the Commission, after which the Commission shall coordinate with the Election Officer of the city or municipality of the applicant’s stated residence for verification, hearing and annotation in the permanent list of voters. (Sec. 6)
The overseas absentee voter shall personally accomplish his/her ballot at the embassy, consulate or other foreign service establishment that has jurisdiction over the country where he/she temporarily resides or at any polling place designated and accredited by the Commission. (Sec. 16(2)
The overseas absentee voter shall cast his ballot, upon presentation of the absentee voter identification card issued by the Commission, within thirty (30) days before the day of elections. In the case of seafarers, they shall cast their ballots anytime within sixty (60) days before the day of elections as prescribed in the Implementing Rules and Guidelines. (Sec. 16(3)
Case Digest:
Petitioners are dual citizens whose applications for overseas absentee voting pursuant to The Overseas Absentee Voting Act were denied by the COMELEC due to lack of residency requirement as provided by Sec. 1, Art. V of 1987 Philippine Constitution.
WON the act of COMELEC is valid.
Section 2, Article V is the exception to the residency requirement found in section 1 of the same article. Provided the duals meet the requirements under section 1 in relation to R.A. 8189, they should not be denied the right of suffrage as an overseas absentee voter. (Lewis vs. COMELEC)
Registration of voters
Petitioner sought to direct the COMELEC to conduct a special registration of new voters within 120 days before the May 14, 2001 General Elections.
WON the petition may be granted.
The exercise of right to suffrage is subject to existing substantive and procedural requirements. Sec. 8, R.A. 8189 provides that no registration shall be conducted during the period within 120 days before a regular election and 90 days before a special election. (Akbayan-Youth vs. COMELEC)
Local Absentee Voting (E.O. 157)
Any person who by reason of public functions and duties, is not in his/her place of registration on election day, may vote in the city/municipality where he/she is assigned on election day: Provided, That he/she is a duly registered voter. (Sec. 1)
Thirty (30) days before the election, the appropriate head of office shall submit to the Commission on Elections a list of officers and employees of the office who are registered voters, and who, by reason of their duties and functions, will be in places other than their place of registration, and who desire to exercise their right to vote, with the request that said officers and employees be provided with application forms to cast absentee ballots in their place of assignment. The list and the request shall be under oath. (Sec. 2) Upon verification of the applications, the Commission shall transmit the exact number of absentee ballots to
the appropriate head of the government office for distribution to the applicants. (Sec. 5)
The voters who cast absentee votes shall vote one week before election day. (Sec. 8)
The Commission on Elections shall canvass the votes cast by absentee voters and shall add the results of the same to the votes reported throughout the country. (Sec. 10)
The Party-List System Act (RA 794):
1. Party – means either a political party or a sectoral party or a coalition of parties.
2. Political Party – refers to an organized group of citizens advocating an ideology or platform, principles and policies for the general conduct of government and which, as the most immediate means of securing their adoption, regularly nominates and supports certain of its leaders and members as candidates for public office. It is a national party when its constituency is spread over the geographical territory of at least a majority of the regions. It is a regional party when its constituency is spread over the geographical territory of at least a majority of the cities and provinces comprising the region.
3. Sectoral Party – refers to an organized group of citizens belonging to any of the sectors enumerated in Section 5 hereof whose principal advocacy pertains to the special interest and concerns of their sector.
4. Sectoral Organization – refers to a group of citizens or a coalition of groups of citizens who share similar physical attributes or characteristics, employment, interests or concerns.
5. Coalition – refers to an aggrupation of duly registered national, regional, sectoral parties or organizations for political and/or election purposes.
Any organized group of persons may register as a party, organization or coalition for purposes of the party-list system by filing with the COMELEC not later than ninety (90) days before the election a petition verified by its president or secretary stating its desire to participate in the party-list system as a national, regional or sectoral party or organization or a coalition of such parties or organizations (Sec. 5, R.A.
7941).
No votes cast in favor of political party, organization or coalition shall be valid except for those registered under the party-list system (Sec.
7, Art. IX-C, 1987 Constitution). Purposes:
1. To acquire juridical personality;
2. To entitle it to rights and privileges granted to political parties; and
3. To participate in the party-list system.
Groups which cannot be registered as political parties (Sec. 3, R.A. 7941):
1. Religious denominations or sects;
2. Those who seek to achieve their goals through violence or unlawful means;
3. Those who refuse to uphold and adhere to the Constitution; and
4. Those supported by foreign governments.
Grounds for cancellation of registration (RAF-
SV-UCF) (Sec. 6, RA 7941):
1. It is a religious sect or denomination, organization or association, organized for religious purposes;
2. It advocates violence or unlawful means to seek its goal;
3. It is a foreign party or organization;
4. It is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes;
5. It violates or fails to comply with laws, rules or regulations relating to elections;
6. It declares untruthful statements in its petition; 7. It has ceased to exist for at least one (1) year; or
8. It fails to participate in the last two (2) preceding elections or fails to obtain at least two per centum (2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered.
Election of Party-List Representatives
Constitutional Provision: The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list (Sec. 5 (2), Art. VI).
The Party List System – It is a mechanism of
proportional representation in the election of representatives to the House of Representatives, from national, regional and sectoral parties, organizations and coalitions thereof registered with the COMELEC. The Party-list system was devised to replace the reserve seat system – the very essence of the party – list system is representation by election
(Veterans Federation Party v. COMELEC).
Nomination of Party-List Representatives: Each
registered party, organization or coalition shall submit to the COMELEC not later than forty-five (45) days before the election a list of names, not less than five (5), from which party-list representatives shall be chosen in case it obtains the required number of votes.
A person may be nominated in one (1) list only. Only persons who have given their consent in
writing may be named in the list.
The list shall 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.
No change of names or alteration of the order of nominees shall be allowed after the same shall have been submitted to the COMELEC except: 1. Nominee dies or
2. Withdraws in writing his nomination,
3. Becomes incapacitated in which case the name of the substitute nominee shall be placed last in the list.
Incumbent sectoral representatives in the House of Representatives who are nominated in the party-list system shall not be considered resigned
(Section 8, R.A. 7641).
Qualifications of Party-List Representatives:
1. Natural-born citizen of the Philippines; 2. A registered voter;
3. A resident of the Philippines for a period of not less than one (1) year immediately preceding the day of the election;
4. Able to read and write;
5. A bona fide member of the party or organization which he seeks to represent for at least ninety (90) days preceding the day of the election; and
6. At least twenty-five (25) years of age on the day
of the election; In case of a nominee of the youth sector, he must at least be twenty-five (25) but not more than thirty (30) years of age on the day of the election. Any youth sectoral representative who attains the age of thirty (30) during his term shall be allowed to continue in office until the expiration of his term (Section 9, R.A. 7914).
Manner of Voting: Every voter shall be entitled to
two (2) votes:
1. For candidate for member of the House of Representatives in his legislative district; and
2. For the party, organizations, or coalition he wants
represented in the house of Representatives:
Provided, That a vote cast for a party, sectoral
organization, or coalition not entitled to be voted for shall not be counted: Provided, finally, That the first election under the party-list system shall be held in May 1998 (Section 10, R.A. 7941).
The Four Parameters in the Philippine-Style Party-List Election (BANAT v. COMELEC):
1. 20% allocation: Twenty percent of the total number of the membership of the House of Representatives is the maximum number of seats available to party-list organizations, such that there is automatically one party-list seat for every four existing legislative districts.
2. A guaranteed seat for a party-list organization
garnering 2% of the total votes cast: The
guaranteed seats shall be distributed in a first round of seat allocation to parties receiving at least two percent of the total party-list votes. 3. Proportional representation: The additional
seats, that is, the remaining seats after allocation of the guaranteed seats, shall be distributed to the party-list organizations including those that received less than two percent of the total votes. 4. The three-seat cap. Each qualified party,
regardless of the number of votes it actually obtained, is entitled only to a maximum of 3 seats.
The formula in the allocation of party-list seat pronounced in Veterans Federation Party v.
COMELEC (GR No. 136781, October 6, 2000)
has thus been modified.
The continued operation of the two percent threshold as it applies to the allocation of the additional seats is now unconstitutional because this threshold mathematically and physically prevents the filling up of the available party-list seats. The additional seats shall be distributed to the parties in a second round of seat allocation
(Barangay Association for National Advancement and Transparency (BANAT) v. COMELEC, G.R. No. 179271, April 21, 2009).
The three seat cap is not a violation of the Constitution because the 1987 Constitution does not require absolute proportionality for the party-list system.
The Guidelines for determining whether Party-List Groups have complied with the requirements of Law (Ang Bagong Bayani-OFW Labor Party v.
COMELEC):
1. The political party, sector, organization or coalition must represent the marginalized and the underrepresented groups identified in Sec. 5 of RA 7941. Majority of its membership should
belong to the marginalized and
2. While even major political parties are expressly allowed by RA 7941 and the Constitution, they must comply with the declared statutory policy of “Filipino citizens belonging to marginalized and underrepresented sectors to be elected to the House of Representatives”. Thus, they must show that they represent the interest of the marginalized and underrepresented;
3. Religious sector may not be represented in the party-list system; except that priests, imams or pastors may be elected should they represent not their religious sect but the indigenous community sector;
4. A party or an organization must not be disqualified under Sec. 6, RA 7941;
5. The party or organization must not be an adjunct of, or a project organized or an entity funded or assisted by, the government;
6. The party, including its nominees must comply with the qualification requirements of Section 9,
R.A. 7941;
7. Not only the candidate party or organization must represent the marginalized and underrepresented sectors, so also must its nominees;
8. While lacking a well-defined political constituency, the nominee must likewise be able to contribute to the formation and enactment of appropriate legislation that will benefit the nation as a whole.
CANDIDATES
Chapter 5
Candidate – refers to any person aspiring for or
seeking an elective public office, who has filed a certificate of candidacy” and that “any person who files certificate of candidacy within [the period for filing] shall only be considered as a candidate at the start of the campaign period for which he filed his certificate of candidacy. (Penera v. Comelec)
Qualifications
President and Vice- President:
1. Natural-born citizen 2. Registered voter 3. Able to read and write
4. At least 40 years old on the day of the election 5. Resident of the Philippines for at least 10 years
immediately preceding the day of the election. (Sec.2, Art. VII)
Senators:
1. Natural-born citizen
2. At least 35 yrs. old on the day of the election 3. Able to read & write
4. Registered voter
5. Resident of RP for not less than 2 years immediately preceding the day of the election (Sec. 2, Art. VI)
District Representatives:
1. Natural-born citizen
2. At least 25 years old on the day of election 3. Able to read and write
4. Registered voter in the district in which he shall be elected
5. Resident of the same district for a period of not less than 1 year Immediately preceding the day of election. (Sec. 6, Art. VI)
Sectoral Representatives:
1. Natural-born citizen
2. At least 25 years old on the day of election 3. Able to read and write
4. Resident for a period not less than one year immediately preceding the day of the election 5. Bona fide member of the sector he seeks to
represent
Governor, Vice-governor, Mayor, Vice-mayor, Punong barangay, Sanggunian (sg) members
1. Citizen of the Philippines;
2. Registered voter in the barangay, municipality, city or province, or, in the case of a member of the SG panlalawigan, panlungsod or bayan, the district where he intends to be elected;
3. Resident therein for at least 1 year immediately preceding the election;
4. Able to read and write Filipino or any other local language or dialect;
5. On election day, age must at least be:
a) 23 years – governor, vice-governor, member of the SG panlalawigan, mayor, vice mayor, or member of the SG panlungsod
of HUC;
b) 21 years – mayor or vice mayor of ICC, CC, or municipalities;
18 years – member of the SG panlungsod or SG bayan, or punong barangay or member of the SG barangay 15 but not more than 18 years – SK(Sec 39, R.A. 7160)
Qualifications prescribed by law are continuing requirements and must be possessed for the duration of the officer’s active tenure. Once any of the required qualification is lost, his title to the office may be seasonably challenged. (Frivaldo
vs. COMELEC)
The law does not specify any particular date or time when the candidate must possess citizenship unlike that for residence and age. It must be possessed upon proclamation or on the day that the term begins (Id.)
Disqualifications:
1. Under the Omnibus Election Code:
a. Declared as incompetent or insane by competent authority;
b. Convicted by final judgment for subversion, insurrection, rebellion or any offense for which he has been sentenced to a penalty of 18 months imprisonment;
c. Convicted by final judgment for a crime involving moral turpitude;
d. Any person who is a permanent resident of or immigrant to a foreign country.
2. Under the Local Government Code (Sec. 40,
R.A. 7160) – Applicable to candidates for local
elective office only (Magno v. COMELEC, supra):
a. Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one (1) year or more of imprisonment, within two (2) years after serving sentence;
Those who have not served their sentence by reason of the grant of probation which should not be equated with service of sentence, should not likewise be disqualified from running for a local elective office because the two-year period of ineligibility does not even begin to run (Moreno v. COMELEC, GR
No. 168550, August 10, 2006).
b. Those removed from office as a result of an administrative case;
An elective local official who was removed from office as a result of an administrative case prior to January 1, 1992 – the date of effectivity of the Local Government Code – is not disqualified from running for an elective local public office, because Sec. 40 of the Local Government Code cannot be given retroactive effect (Grego v. COMELEC,
GR No. 125955, June 19, 1997).
c. Those convicted by final judgment for violating the oath of allegiance to the Republic;
d. Those with dual citizenship;
Dual citizenship as a disqualification must refer to citizens with dual
allegiance. Consequently, persons with
mere dual citizenship do not fall under the disqualification (Mercado v. Manzano, GR No. 135083, May 26, 1999).
e. Fugitives from justice in criminal or non-political cases here or abroad;
A fugitive from justice includes not only those who flee after conviction to avoid punishment, but likewise those who, after being charged, flee to avoid prosecution
(Marquez v. COMELEC,).
f. 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 this Code;
“Green card” is ample evidence to show that the person is an immigrant to, or a permanent resident of, the United States of America (Caasi v. Court of Appeal). g. The insane or feeble-minded.
3. Additional Grounds for Disqualification (Sec.
68, BP 881)
a. One who has violated provisions on: i. Campaign period
ii. Removal, destruction of lawful election propaganda
iii. Prohibited forms of propaganda
iv. Regulation of propaganda through mass media
b. One who has given money or other material consideration to influence voters
c. One who committed acts of terrorism
d. One who spent election campaign in excess allowed by law
e. One who solicited or received contribution prohibited by law
President:
1. not eligible for any reelection;
2. no person who has succeeded as President and served as such for more than four years shall be qualified for election to the same office at any time. (Sec.4, Art. VII)
3. General Disqualification* Vice-President:
1. Shall not serve for more than two consecutive terms. (Sec.4, Art. VII and Sec. 4, Art. VI); 2. General Disqualifications:
a. one who has been declared by competent authority as insane or incompetent;
One who has been sentenced by final judgment for subversion, insurrection, rebellion, or for 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 granted amnesty. (Sec. 12, BP 881)
Senators:
Shall not serve for more than two consecutive terms. (Sec 4(2), Art. VI)
District Representatives:
1. Shall not serve for more than three consecutive terms. (Sec. 7 Art. VI);
2. One who has been declared by competent authority as insane or incompetent;
3. One who has been sentenced by final judgment
for subversion, insurrection, rebellion, or for 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 granted amnesty. (Sec. 12, BP 881 or
the Omnibus Election Code)
Governor, Vice-governor, Mayor, Vice-mayor, Punong barangay, Sanggunian (sg) members:
(Sec. 41, R.A. 7160)
1. sentenced by final judgement for an offense involving moral turpitude or for an offense punishable by 1 year or more, within 2 years after serving sentence;
2. removed from office as a result of an administrative case;
3. convicted by final judgment for violating the oath of allegiance to the Republic of the Philippines; 4. with dual citizenship;
5. fugitives from justice in criminal and non-political case here and 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 Local Government Code;
7. insane or feeble-minded
Certificate of Candidacy
A statement of a person seeking to run for a public office certifying that he announces his candidacy for the office mentioned and that he is eligible for the office, the name of the political party to which he belongs if he belongs to any, and his post-office
address for all election purposes being as well stated (Sinaca v Mula).
No person shall be eligible for any elective public office unless he files a sworn certificate of candidacy within the period fixed by law (Sec. 73,
OEC).
Automatic Resignation – Officials holding appointive offices, including active members of AFP and officers of government-owned or controlled corporations shall be considered ipso
facto resigned (Sec. 66, OEC & Art. 13, par. 3, R.A. 9369).
Only elective officials may file their certificates of
candidacy without being deemed ipso facto resigned from their posts. There is no violation of the equal protection clause since there is a
SUBSTANTIAL DISTINCTION BETWEEN ELECTIVE AND APPOINTIVE OFFICIALS to
warrant differential treatment:
i. Elective officials occupy their office by virtue of the mandate of the electorate. On the other hand, appointive officials hold their office by virtue of their designation thereto by an appointing authority.
ii. Appointive officials, as officers and employees in the civil service, are strictly prohibited from engaging in any partisan political activity or take part in any election except to vote. On the other hand, elective officials, or officers or employees holding political offices, are obviously expressly allowed to take part in political and electoral activities (Quinto, et al. v COMELEC)
Formal Defects in the Certificate of
Candidacy: The election of a candidate cannot
be annulled on the sole ground of formal defects in his certificate of candidacy (De Guzman v.
Board of Canvassers).
Death, Disqualification or Withdrawal of
Candidate; Substitution of Candidate: If after
the last day for the filing of certificates of candidacy, an official candidate of a registered
accredited political party dies, withdraws or is disqualified for any cause, only a person belonging to, and certified by, the same political party may file a certificate of candidacy to replace the candidate who died, withdrew or was disqualified not later than mid-day of the day of the election (Sec. 76, OEC).
Withdrawal of Certificate of Candidacy: The withdrawal of the certificate of candidacy shall effect the disqualification of the candidate to be elected, for the position. The withdrawal of the withdrawal, for the purpose of reviving the certificate of candidacy, must be made within the period provided by law for the filing of certificates of candidacy.
Filing of Two Certificates of Candidacy: When a person files two certificates of candidacy for different offices, he becomes ineligible for either position (Sec. 72, OEC). He may withdraw one of his certificates by filing a sworn declaration with the Commission before the deadline for the filing of certificates of candidacy.
Before the deadline for filing the certificate, a candidate may withdraw all except one, declaring under oath the office for which he desires to be eligible and cancel the certificate of candidacy for other office or offices (Go v. COMELEC).
The COMELEC shall have only the ministerial duty to receive and acknowledge receipt of the certificates of candidacy (Sec. 76, OEC). Accordingly, the COMELEC may not, by itself, without proper proceedings, deny due course to or cancel a certificate of candidacy filed in due form.
Exceptions:
1. Authority over nuisance candidates
2. Power to deny due course to or cancel a certificate of candidacy under Sec. 78, OEC Nuisance Candidates: COMELEC may motu
propio or upon petition of an interested party,
certificate of candidacy if shown that said certificate was filed:
1. To put the election process in mockery or disrepute;
2. To cause confusion among voters by similarity of names of registered candidates; 3. By other circumstances or acts which
demonstrate that a candidate has no bona fide intention to run for the office for which his certificate of candidacy has been filed, and thus prevent a faithful determination of the true will of the electorate.
Petition to Deny Due Course or to Cancel
Certificate of Candidacy
The COMELEC, upon proper petition, may cancel a certificate of candidacy on the ground that any material misrepresentation contained therein as required under Sec. 74 of the OEC is false (Sec. 78, OEC), provided that (a) the false representation pertains to material matter affecting substantive rights of a candidate and that (b) the false representation must consist of deliberate attempt to mislead, misinform, or hide a fact which would otherwise render a candidate ineligible (Salcedo II v. COMELEC).
The petition may be filed not later than 25 days from the time of filing of the certificate of candidacy, and shall be decided, after due notice and hearing, not later than 15 days before the election (Section 78 B.P. 881). Jurisdiction over a petition to cancel a
certificate of candidacy lies with the COMELEC in division, not with the COMELEC en banc (Garvida v. Sales). Effect of Disqualification Case: Any candidate
who has been declared by final judgment to be disqualified shall not be voted for, and the votes cast for him shall not be counted. If for any reason a candidate is not declared by final judgment before an election to be disqualified and he is voted for and receives the winning number of votes in such election, the Court or
Commission shall continue with the trial and hearing of the action, inquiry, or protest and, upon motion of the complainant or any intervenor, may during the pendency thereof order the suspension of the proclamation of such candidate whenever the evidence of his guilt is strong (Sec. 6, RA 6646 or the Electoral Reforms
Law of 1987).
Note that the COMELEC can suspend proclamation only when evidence of the winning candidate’s guilt is strong (Codilla,
Sr. v. De Venecia, et. al).
The use of the word “may” indicates that the suspension of the proclamation is merely permissive. If the COMELEC does not find
any sufficient ground to suspend
proclamation, then a proclamation may be made (Grego v. COMELEC, supra).
It is incorrect to say that since a candidate has been disqualified, the votes intended for the disqualified candidate should, in effect, be null and void. This would amount to disenfranchising the electorate in whom sovereignty reside (Ortega v. COMELEC). The ineligibility of a candidate receiving
majority votes does not entitle the eligible candidate receiving the next highest number of votes to be declared elected.
Exceptions:
1. The one who obtained the highest number of votes is disqualified; AND
2. The electorate is fully aware in fact and in
law of the candidate’s disqualification so as to bring such awareness within the realm of notoriety but would nonetheless cast their votes in favor of the ineligible candidate.
(Grego v. COMELEC, supra).
Case Digest: Term of office
The petitioner was duly elected and served 2 consecutive terms as Municipal Mayor prior to 1995 elections. In the 1995 elections he was again proclaimed winner but due to election protest against him, he was removed from office months before the
1998 elections. In the 1998 elections he again ran and won. A disqualification case was filed against him.
WON petitioner’s service from 1996 to 1998 as Mayor may be considered as service of one full term. Two requisites for the disqualification must concur: 1. that the official concerned has been duly elected for three consecutive terms in the same local government post; and 2. that he has fully served three consecutive terms. The two requisites are absent. He cannot be considered as having been duly elected and he did not fully serve the term by reason of involuntary relinquishment of office. (Lonzanida vs. COMELEC)
Philippine citizenship
Private respondent filed a petition for disqualification alleging that petitioner is not a citizen of the Philippines, But an immigrant and resident of USA. Petitioner admitted that he was a naturalized American citizen but he applied for dual citizenship under R.A. 9225.
WON he may be allowed to run for public office. R.A. 9225 imposes an additional requirement on those who wish to seek elective public office. He is thus disqualified from running for public office in view of his failure to renounce his American citizenship. (De Guzman vs. COMELEC)
__________
Petitioner believing that he is a Filipino citizen, upon filing an application for repatriation, filed his Certificate of Candidacy for mayor.
The absence of any official action or approval by the proper authorities, a mere application for repatriation does not and cannot amount to the automatic reacquisition of the applicant’s Philippine citizenship. (Labo vs. COMELEC)
Moral Turpitude
A petition for disqualification was filed against the petitioner for the alleged conviction for violation of BP 22 which is a crime involving moral turpitude.
WON every criminal act involves moral turpitude. Not every criminal act involves moral turpitude and the court has the authority to determine. It depends upon the circumstances surrounding the violation of the statute. (Villaber vs. COMELEC)
Fugitive from Justice
Petitioner sought the cancellation of respondent’s Certificate of Candidacy on the ground that the latter is a fugitive from justice. The respondent is allegedly criminally charged in the United States and that his arrest is yet to be served because of his flight from the country.
WON fugitive from justice covers only those convicted by final judgment.
Fugitive from justice does not mean a person convicted by final judgment. It includes those after being charged flees to avoid prosecution. (Marquez vs. COMELEC)
Green Card Holder
Petitioner was sought to be disqualified to hold public office on the ground that he is a green card holder. He alleged that he merely obtained the green card for convenience, that he is a permanent resident of the Philippines and voted in the previous elections. WON green card is proof that the holder is a permanent resident of the United States.
Immigration to the Unites States constituted an abandonment of respondent’s domicile and residence in the Philippines. He entered the United States with the intention to have his residence there permanently as evidenced by the application for an immigrant’s visa.
To be qualified to run for elective office in the Philippines, the law requires that the candidate who is a green card holder must have waived his status as a permanent resident or immigrant of a foreign country. (Caasi vs. COMELEC)
CAMPAIGN, ELECTION
PROPAGANDA, CONTRIBUTIONS
AND EXPENDITURES
Chapter 6
Election Campaign or Partisan Political Activity –
refers to an act designed to promote the election or defeat of a particular candidate or candidates to a public office (Sec. 79, OEC).
