Rule-Making Power
BASIC CONCEPTS Rule-making Power (Power of
Subordinate Legislation) o A power given to administrative agencies to issue or promulgate rules and regulations which are necessary to carry out their functions
Rules and Regulations o Those issued by administrative or executive officers in accordance with and as authorized by law, otherwise they become ultra vires
Rationale o Administrative agencies have:
technical expertise/competence they specialize on this field; and
they have all the time and opportunity to handle these matters exclusively
Necessity o In order to adapt to increasing
complexity of modern life and variety of public functions
o An exception to separation of powers and non-delegation of powers
PRINCIPLE OF NON-DELEGATION OF POWERS
General Rule o Postestas delegate non delegari potest
Basis o The ethical principle that a delegated
power constitutes not only a right but also a duty to be performed by the delegate in the exercise of his own judgment and not through the intervening mind of another
o Delegated Power = (Right + Duty) – Further Delegation = Negation
o Further delegation of the duty consists a negation of the same
o Not only a right, otherwise it becomes discretionary to delegate it further or not
Five Instances When Delegation of
Legislative Powers Is Allowed o Delegation of tariff powers to the President
o Delegation of emergency powers to the President
o Delegation to the people at large o Delegation to local governments o Delegation to administrative bodies THREE ISSUES ON RULE-MAKING POWER
Permissibility of
Delegation WON there is: Legislative grant of authority To administrative bodies To issue rules and
regulations
Instances of Valid Delegation Delegation of tariff powers
to the President – Sec 28(2), Art VI
Delegation of emergency powers to the President – Sec 23(2), Art VI
Delegation to the people at large – Sec 32, Art VI
Delegation to local
governments – Sec 3, Art X Delegation to
administrative bodies – by legislative act (enabling law) or by necessary implication
Validity of
Delegation WON the grant meets the: Completeness test Sufficient Standard test
Completeness test
A statute is complete when it leaves the legislature (the subject and the manner and the extent of its operation are stated in it) such that when it reaches the
delegate, the only thing he will have to do is to enforce it
Whether the provision is sufficiently definite and certain to enable one to know his rights and obligations thereunder Sufficient standard test There must be adequate
guidelines or limitations in the law to map out the boundaries of the
delegate’s authority and prevent the delegation from running riot
Validity of
Exercise WON rules and regulation conform with: What the statute provides,
and
Whether it is reasonable
Requisites of a valid administrative issuances: Must not be inconsistent
with the Constitution (Sutton)
Must not be inconsistent with statute (SolGen) Cannot amend an act of
Congress (De La Serna) Cannot exceed provision of
laws (BFHI) Must be uniform,
reasonable; not unfair or discriminatory (Lupangco)
QUASI-JUDICIAL POWER BASIC CONCEPTS
Quasi-judicial power
(adjudicatory power) It involves the power to hear anddetermine, or ascertain facts and decide by the application of rules to the ascertained facts
3 ELEMENTS OF ADJUDICATORY POWERS
1. Specific parties It involves the rights, duties, and obligations of specific individuals and persons
2. Adjudication by person
other than a judge Power or function that partakes of the judicial, but is exercised by a person other than a judge
3. Adjudication by agency
other than a court Convenient way to justify exercise of judicial power by an administrative agency
JURISPRUDENCE
PRINCIPLE ILLUSTRATIVE CASES
1. Office of the public
prosecutor is not a quasi-judicial body
Pres Anti-Dollar Salting Task Force vs CA
PADS TF was not meant to exercise quasi-judicial functions (try and decide claims and execute its judgments). As the President’s arm called upon to combat “dollar salting” or the black marketing and salting of foreign exchange, it is tasked alone by the Decree to handle the prosecution of such
activities, but nothing more 2. Prosecutor is a
quasi-judicial officer Cojuangco vs PCGGWhile the investigating officer, strictly speaking is not a judge by the nature of his functions, he is and must be considered to be a quasi-judicial officer
3. Not every function wherein
are exercised is a judicial
function may exercise judicial or quasi-judicial acts, there should be a law that gives rise to some specific rights of persons or property under which adverse claims to such rights are made, and the controversy ensuing therefrom is brought, before the tribunal, board or officer clothed with power and authority to determine what that law is and thereupon adjudicate the
respective rights of the contending parties
STEPS TO THE EXERCISE OF QUASI-JUDICIAL POWER First step Ascertain facts from pleadings
and from evidence adduced Second step Determine what the applicable
law is and what are the legal rights of the parties
Third step Decide controversy and render judgment thereon
JURISPRUDENCE
Principle Illustrative Cases
1. Doctrine of exhaustion of remedies applies only where the act of administrative agency was performed pursuant to its quasi-judicial function
Smart vs NTC
In questioning the validity of rule or regulation issued by an
administrative agency, party need not exhaust administrative remedies before going to court. This principle applies only where the act of administrative agency was performed pursuant to its quasi-judicial function
2. Jurisdiction to order a lessee to vacate leased premises is vested in the civil courts in an appropriate case for unlawful detainer or accion publiciana
Guerzon vs CA
There is nothing in PD 1206 that would suggest that the same or similar jurisdiction has been granted to Bureau of Energy Utilization. BEU’s jurisdiction is limited to cases involving
violation or non-compliance with Administrative Law & Election Law (Atty Gallant
any term or condition of any certificate, license or permit issued by it or any of its orders, decisions, rules or regulations 3. Administrative body my be
vested with exclusive original jurisdiction on certain disputes falling within its expertise
Antipolo Realty vs NHA
Before tribunal, board or officer may exercise judicial or quasi-judicial acts, there should be a law that gives rise to some specific rights of persons or property under which adverse claims to such rights are made, and the controversy ensuing therefrom is brought, before the tribunal, board, or officer clothed with power and authority to determine what that law is and thereupon adjudicate the
respective rights of the contending parties. CLASSIFICAION OF ADJUDICATORY POWERS
Kind Definition Example
1. Enabling To permit or allow something which the law undertakes to regulate grant or denial of license (business or occupation) issuance of securities or certificate of public convenience
2. Directing To issue orders directing parties to conform to governing statutes or rules Power of assessment of the BIR or BOC Reparations under the public utility laws
Awards under the workmen’s
compensation laws 3. Dispensing To exempt from
general prohibitions or relieve individual from affirmative duty
Zoning Boards – may vary
provisions of zoning authorities Phil Army
Acceptance Board – relieve certain person from military training 4. Summary To apply compulsion
to effectuate legal purpose without judicial warrant Abatement of nuisance Restraint or levy of property of delinquent taxpayer 5. Equitable Power to make
proper application of rules and equity
Cease and desist order
JUDICIAL REVIEW OF ADMINISTRATIVE ACTIONS MATRIX OF ADMINISTRATIVE DOCTRINES
Doctrine Meaning Function Applicatio
n Rationale Primary Jurisdiction (prior resort) When competence or jurisdiction is vested upon an administrati ve body to act upon a matter, no resort to the courts may be made before such administrati ve body shall have acted on the matter Determines who initially decides Quasi-judicial or adjudicato ry functions - take advantage of expertise and specializatio n - attain uniformity of application of regulatory laws Exhaustion of Administrati ve Remedies If there is an available remedy within the administrati ve level provided by law, no judicial recourse can be made until all such remedies have been availed of and exhausted Determines the timing of judicial review Quasi-judicial or adjudicato ry function - obviates resort to courts - give agencies the chance to correct its errors - principle of comity and convenienc e
Review interest of the plaintiff is subjected to or imminently threatened with substantial injury the timing of judicial review Making
power premature adjudication - protection
from judicial interference
DOCTRINE OF PRIMARY JURISDICTION Illustrative cases: - Villaflor vs CA - Commissioner vs Navarro - Centeno vs Centeno - Nuesa vs CA - Regional Director vs CA
DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES General Rule Resort first to appropriate administrative
authorities in the Exceptions 1. Administrative
remedy is merely permissive
Exhaustion is not a condition sine qua non
Corpus vs Cuadreno 2. Purely legal
questions Interpretation of law is within the court’s prerogative
Madrigal vs Lecaroz 3. Patently illegal
act Lack or excess of jurisdiction Cabada vs Alunan 4. No administrative
order yet Ripeness for reviewDatiles vs Co 5. No other plain, speedy, or adequate remedy Urgency of situation NFA vs CA 6. Nullification of
claim Time is of the essence Gravador vs Mamigo
7. Qualified political
agency Redundant exercise (the secretary is the alter ego of the President) Almine vs CA 8. Constitutionality of Rules and Regulation Judicial prerogative Smart vs NTC 9. Result to irreparable damage or injury to plaintiff Self-preservation UP Board of Regeant vs Rasul 10. Strong public interest is involved To avoid uncertainty Arrow Transpo Co vs BOT 11. Estoppel (party who invokes is in estoppel) Agency is bound by its actions Tan vs Veterans Backpay Commission
QUESTIONS OPEN TO REVIEW
Question Meaning Rule
1. Questions of Law When doubt or
difference arise as to what the law is
pertaining to a certain state of facts
- Administrative
agency determines facts of a
controversy and apply the law o those facts - Reviewing court
decides whether or not the correct rule was applied to the facts found and whether there was evidence to support the findings made 2. Questions of Fact When doubt or
differences arise as to the truth or falsity of alleged facts
GR: questions of fact is conclusive and not subject to review by the courts if
supported by
Exceptions: - When expressly
allowed by law - Fraud, imposition, or
mistake other than error in judgment - Error in appreciation of pleadings and interpretation of evidence submitted 3. Questions of Law
and of Fact Where what purportsto be a finding of question of fact is so involved with and dependent upon a question of law as to be in substance and effect a decision on the latter Example: WON a nuisance
- Both findings are subject to judicial review
- Courts may substitute its
judgement for that of the
ADMINISTRATIVE PROCEEDINGS BASIC CONCEPTS
Rules of Procedure Every quasi-judicial body has its own rules of procedure which it issues as guides in its
adjudication of cases filed with it Basis of Formulation Nature of administrative
bodies
Purpose for which they are organized
Persons who compose them
POWER TO ISSUE RULES OF PROCEDURE
Constitution Art VIII, Sec 5(5) “Rules of
procedure of quasi-judicial bodies shall remain
effective unless disapproved by the Supreme Court
Conferring Law Law creating
Express grant of power to promulgate its rules of procedure
By Implication
CHARACTERISTICS OF ADMINISTRATIVE PROCEEDINGS 1. Adversarial Results in an order in favor of
one person against another 2. Quasi-judicial Taking of evidence
Determination of facts Adjudication
3. Civil in nature Civil rather than criminal in nature
4. Not an action in law Not a private one but a public one with public ends
5. Rules of Court apply
suppletorily Sec 2, Rule 18 (Pre-trial); amicable settlement; referral to arbitration
6. Technical Rules of Court
rigidity
Bantolino vs Coca-Cola 7. Supreme Court may modify
Rules of Procedure Art VIII, Sec 5(5) - Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the underprivileged. Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase of modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.
First Lepanto vs CA 8. Quantum of Proof
(Substantial Evidence) Such evidence as a reasonable mind may accept as adequate to support a conclusion
HEIRARCHY OF EVIDENTIARY RULES Proof beyond
reasonable doubt Proof of such a convincing character that you would be willing to rely and act upon it without
hesitation
Criminal proceedings
Clear and convincing
evidence Evidence presented by a party during the trial must be highly and substantially more probable to be true than not and the trier of facts must have firm belief or
Habeas corpus
conviction of its factuality
Preponderance of
evidence Just weigh the evidence of the parties. Whose evidence has the greater waeight?
Civil case
Substantial evidence Such evidence as a reasonable mind may accept as adequate to support a
conclusion
Administrative proceedings
REQUIREMENTS OF ADMINISTRATIVE PROCEEDINGS (Villa vs Lazaro)
1. Right to notice, be it actual or constructive, of the institution of the proceedings that may affect a person’s legal right
Paterok vs BOC posting in bulletins
2. Right to reasonable opportunity to appear personally or with the assistance of counsel and defend his right and to introduce witnesses and relevant evidence in his favor, by testimony or otherwise, and to
controvert the evidence of the other party
Lumiqued vs Exevia counsel
3. Right to a tribunal vested with competent
jurisdiction, so constituted as to give him reasonable assurance of honesty and impartiality
Casimiro vs Tando right to be heard
4. Right to a finding or decision by that tribunal supported by substantial
Globe vs NTC order of the NTC failed to sufficiently explain
evidence presented at the hearing or at least
ascertained in the records, or disclosed or made
known to the parties affected
ELECTION LAW CHAPTER 1
SUFFRAGE, ELECTION & REGISTRATION OF VOTERS DEFINITION OF TERMS
ELECTION a. The means – process or system
b. By which the people – true sovereign
c. Choose their officials – selection d. For a definite and fixed period –
term of office
e. The exercise of the power of the government – legislative,
executive
SUFFRAGE a. The right to vote – citizen’s participation
1. In the election of all officer chosen by the people – general or special election 2. And in the determination of
all questions submitted to the plebiscite or referendum, initiative, recall
a. Suffrage is a broader term because it includes participation not only in the election of public officers but also in the plebiscite or referendum on a proposed law enactment
b. Election is limited to expression of voter’s choice in the selection of officials
SCOPE OF SUFFRAGE
ELECTION a. Expression of the sovereign will of the people
b. Involving the choice or selection of candidates to public office by the popular vote
PLEBISCITE a. Election at which any proposed amendment to, or revision of the constitution
b. Is submitted to the people for their ratification
REFERENDUM a. Submission of a law passed by the national or local legislative body to the registered voters b. B. At an election called for that
purpose for their ratification or rejection
INITIATIVE a. Process whereby the registered voters directly propose, enact law (national, local)
RECALL a. Method by which a public
officer may be removed of tenure before the expiration of his term
b. by a vote of the people after registration of people after registration of a petition signed by required percentage of the qualified voters
TWO KINDS OF ELECTION GENERAL a. one provided for
by law
b. for the election of officers throughout the state, or
certain subdivisions thereof
c. after the expiration of the full term of the former officers
General elections – may 9, 2016
Covers: President, VP, senate, HOR
LGUs: ARMM
SPECIAL a. one provided by law b. under special circumstances c. such as when an election is held 1. to fill vacancy in the office – death, resignation, permanent disability 2. OR when certain RA 7166 (nov. 1999) – vacancy in the HOR before 1 year before the end of the term Special election – not earlier than 60 days not later than 90 days from occurrence of vacancy
proposal is submitted to the vote of electors – referendum or plebiscite
SYSTEM OF ELECTION ADOPTED IN THE PHILIPPINES
SYSTEM USED Australian system
CONCEIVED BY Francis S. Dutton, MP of South Australia
FEATURE Strict secrecy in balloting
LEGAL BASIS Sec. 2 Art V 1987 – The congress shall provide a system for securing the secrecy and sanctity of the ballots
THEORIES ON SUFFRAGE Natural right a. Inherent right of
every citizens b. By virtue of his membership in the state c. Who is not disqualified by reason of his own reprehensible conduct or unfitness
This view dominated USA and France
political thought in the 18th century
Social expediency a. Public officer or functions
b. Conferred upon those fit and capable of discharging it
Not right, but duty enjoined upon sum citizens
Tribal a. Suffrage is a
necessary attribute b. Of membership in
the state
Not a natural right but accrues only when one became member of the state
Feudal a. Vested privilege b. Usually
accompanying the ownership of the land
Before in most US states – only Caucasian males who owned at least 50 acres of land
ethical a. Necessary and
essential means b. For the development of the society Indicative of political maturity
PHILIPPINE THEORY ON SUFFRAGE Administrative Law & Election Law (Atty Gallant
A right a. Expression of the sovereign will of the people Sec I Art II of 1987 Constitution – the Philippine is a democratic and republican state. Sovereignty resides in the people and all the government authority emanates from them A privilege a. Not granted to
everybody but to such persons as are most likely to exercise it for the common good
Sec I Art V, 1987
Constitution – suffrage may be exercised by all citizens of the
Philippines not
otherwise disqualified by law, who are at least 18 years of age, and who shall have resided in the Philippines for at let 1 year and in the place wherein they propose to vote for at least 6 month
immediately preceding the election
A duty a. Which every citizen
owes his country Sec 4 BP 881 – it shall be the duty of every citizen to regist4r and cast his vote
Sec 4 Art V 1973
Constitution – it shall be the obligation of every citizen qualified to vote and register and cast their vote
COMPARATIVE PROVISIONS ON SUFFRAGE 1935
CONSTITUTION CONSTITUTION1973 CONSTITUTION1987 Basic
provisions SEC 1 Art V - Suffrage may be exercised by male citizens of the Sec 1 Art VI - Suffrage shall be exercised by citizens of the Sec 1 Art V - Section 1. Suffrage may be exercised by all
Philippines not otherwise disqualified by law, who are twenty-one years of age or over and are able to read and write, and who shall have resided in the Philippines for one year and in the municipality wherein they propose to vote for at least six months preceding the election. The National
Assembly shall extend the right of suffrage to women, if in a plebiscite which shall be held for that purpose within two years after the adoption of this
Constitution, not less than three hundred thousand women possessing the necessary qualifications shall vote affirmatively on the question. Philippines not otherwise disqualified by law, who are eighteen years of age or over, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six months preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage. The Batasang Pambansa shall provide a system for the purpose of securing the secrecy and sanctity of the vote. citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year, and in the place wherein they propose to vote, for at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.
Gender Male citizens only Citizens (no
distinction) All citizens (no distinction) Age 21 years of age 18 years of age At least 18 years
of age
Residence At least 1 year – At least 1 year – At least 1 year – Administrative Law & Election Law (Atty Gallant
Phil. 6 months – place to vote Phil. 6 months – place to vote Phil. 6 months – place to vote
literacy Able to read and
write No literacy or property requirement
No literacy or property requirement REQUISITES FOR THE EXERCISE OF SUFFRAGE QUALIFIED
SEC 1 ART V, CONSTITUTION a. All citizens of the Philippine – liens not included b. Not otherwise disqualified by law – some disqualification for registration of votes
c. C. Who are at least 18 years of age – lowered to 18 from 21 years of ge in the 1935 Constitution
d. And who shall have resided in the Philippines for at least 1 year and in the place wherein they propose to vote for at least 6 months immediately preceding the election
DIQUALIFICATION
Section 118 ART XII BP 881 (a)Any person who has been sentenced by final judgment to suffer imprisonment for not less than one year (unless granted plenary pardon or granted amnesty). It may be automatically reacquired 5 years after service of sentence (b) Act involving disloyalty against
national security – treason, insurrection, rebellion, sedition and firearm laws.
(c) Insane or incompetent persons as declared by competent authority – those who are deprived of reasons
REQUISITES FOR THE EXERCISE OF SUFFRAGE Registered in the list of voters a. Sec 10 RA 8189 -
Disqualifications. - The
from voting: A qualified voter shall be registered in the permanent list of voters in a precinct of the city or
municipality wherein he resides to be able to vote in any
election.
b. Sec 6(2) RA 9189 - Qualified citizens of the Philippines abroad who failed to register under Republic Act No. 8189, otherwise known as the "The Voters Registration Act of
1996", may personally apply for registration...
c. Sec 4 BP 881 - It shall be the obligation of every citizen to register and cast his vote. d. Sec 4 Art V, 1973
Constitution - It shall be the obligation of every citizen
qualified to vote to register and cast his vote.
No further qualifications a. No literacy – ability to read and write
b. Property – objection against the feudal theory
c. Other substantive requirement PRE-ELECTION
(before) ELECTION PROPER(during) POST-ELECTION(after) - Registration - Challenge - Inclusion - Exclusion - Voters qualification - Certificate of candidacy - Watchers - Election campaign - Election propaganda Casting of votes Challenge of illegal votes Records of challenges and oaths - Minute of voting and counting of votes - List of unused ballots - Counting of votes - Board of elections inspectors - Appreciation of ballots - Election returns - Announcement of
result and issuance of certificate of votes received - Canvass and
proclamation Administrative Law & Election Law (Atty Gallant
- Pre-proclamation controversy - Election protest against proclaimed candidate - Original and exclusive jurisdiction - Appellate jurisdiction - Requisite of election protest
- Quo warranto, its requisites
- Election offenses - appeal
RELEVANT LAWS IN REGISTRATION
LAW TITLE EFFECTIVITY
BP 881 OMNIBUS ELECTION
CODE DEC 3, 1985
RA 8189 VOTER REGISTRATION
ACT OF 1996 JUNE 11, 1996
RA 9189 OVERSEA ACT OF 2003 FEB 13, 2003
RA 10367 MANDATORY
BIOMETRICS VOTERS REGISTRATION
FEB 15, 2015
REGITRATION OF VOTERS
RATIONALE a. as a means of determining who possess the qualifications of voters – requires the
examination of the claim of persons to vote on the ground of possessing these qualifications b. of regulating the exercise of the right to vote –
reasonable and convenient means
NECESSITY a. registration is essential to the exercise of the right to vote
b. It is a part and parcel of the right to vote c. Indispensable element in the election process DIQUALIFICATION (a)Any person who has been sentenced by final
(SAME – SUFFRAGE) judgment to suffer imprisonment for not less than one year (unless granted plenary pardon or granted amnesty). It may be automatically reacquired 5 years after service of sentence (b) Act involving disloyalty against national
security – treason, insurrection, rebellion, sedition and firearm laws.
(c) Insane or incompetent persons as declared by competent authority – those who are deprived of reasons
REGITRATION OF VOTERS
DUTY TO REGISTER SEC 4 BP 881 - It shall be the
obligation of every citizen qualified to vote to register and cast his vote. SEC 115 BP 881 – DEC 3, 1985 –
A. In order that a qualified elector may vote in any election,
plebiscite or referendum, B. he must be registered in the
permanent list of voters for the city or municipality in which he resides.
REGISTRATION a. accomplishing and filing for registration; must be under oath b. by qualified voter; Filipino, not
disqualified by law, at let 18 years of age, at least 1 year – Phil, place to vote – at least 6 months immediately preceding election
c. before election officer of city or municipality wherein he resides d. including the same in the book of registered voters- completer the process of registration, now considered registered voter e. approval by election registration
board – hearings – quarterly; XXXX
CONTINUING REGISTRATION SEC 3 RA 8189 –
a. personal filing of application of registration of voters shall Administrative Law & Election Law (Atty Gallant
be conducted daily in the office of election officer during regular office hours’ b. no registration shall,
however, be conducted during the period starting 120 day before a regular election and 90 day before special election
MANDATORY BIOMETRIC
CAPTURE RA 10367
Chapter 3
CHALLENGE, INCLUSION, EXCLUSION, ANNULMENT OF BOOK OF VOTERS
CHALLENGES TO RIGHT TO REGISTER
WHO MAY FILE a. Any voter
b. Candidate
c. Representative of a political party
REQUIREMENTS
SEC 18 RA 8189 a. Application in writingb. Under oath
c. Proof of notice of hearing to challenger and the applicant d. State the grounds for challenge PROCEDURE a. Hearing – 3rd monday of the
month
b. Decision – rendered before end of the month
WHO CAN OPPOSE a. Filed not later than 2nd monday
of the month
b. Scheduled to be heard by election registration board PETITION FOR INCLUSION
WHO MAY FILE
SEC 34 RA 8189 a. Any person whose application for registration has been disapproved by the board b. Any person whose name has
been stricken out from the list REQUIREMENTS
SEC 34 RA 8189 a. Petitionb. certificate of disapproval of applications
c. Proof of service of notice of petition upon the board WHERE TO FILE
SEC 34 RA 8189 Municipal or metropolitan trial court WHEN TO FILE
SEC 34 RA 8189 a. At any timeb. Except 105 days prior to regular election or 75 days prior to special election WHEN TO DECIDE Within 15 days after its filing
APPEAL a. Within 5 days from receipt of notice
b. To RTC
c. Decide appeal within 10 days from receipt
d. Decision is final and executory (no MR)
PETITION FOR EXCLUSION WHO MAY FILE
SEC 35 RA 8189 a. Any registered voterb. Representative of a political party
c. Election officer REQUIREMENTS
SEC 35 RA 8189 a. Sworn petition (stating name, address, precinct of challenged voter)
b. Proof of notice to the board and to the challenged voter WHERE TO FILE Municipal or metropolitan trial court
SEC 35 RA 8189 WHEN TO FILE
SEC 35 RA 8189 a. At any timeb. Except 100 days prior to regular election or 65 days prior to special election
WHEN TO DECIDE Within 10 days after its filing
APPEAL a. Within 5 days from receipt of notice
b. To RTC
c. Decide appeal within 10 days from receipt
d. Decision is final and executory (no MR)
COMPARISON (Challenge, Inclusion, Exclusion)
CHALLENGE INCLUSION EXCLUSION
WHO MAY
FILE a. Any voterb. Candidate c. Representativ e of a political party a. Any person whose applicati on for registrati on has been disappro ved by the board b. Any person whose name has been stricken out from the list a. Any registered voter b. Representative of a political party c. Election officer REQUIREME NTS a. Application in writing b. Under oath c. Proof of notice of hearing to
challenger and the applicant
d. State the grounds
a. Petition b. certificate of disapproval of applications c. Proof of service of notice of petition upon a. Sworn petition (stating name, address, precinct of challenged voter) b. Proof of notice to the board and to the challenged voter
for challenge the board WHERE TO
FILE Election RegistrationBoard Municipal or metropolitan trial court
Municipal or metropolitan trial court
WHEN TO
FILE a. At any time
b. Except 105 days prior to regular election or 75 days prior to special election a. At any time b. Except 100 days prior to regular election or 65 days prior to special election WHEN TO
DECIDE Within 15 days after its filing Within 10 days after its filing
APPEAL a. Within 5 days from receipt of notice b. To RTC c. Decide appeal within 10 days from receipt d. Decision is final and executor y (no MR) a. Within 5 days from receipt of notice b. To RTC c. Decide appeal within 10 days from receipt d. Decision is final and executory (no MR)
ANNULMENT OF BOOK OF VOTERS WHO MAY FILE Sec 39 RA 8189
Continuing registration a. Any voterb. Election officer c. Duly resisted
political party REQUIREMENTS Sec 39 RA 8189 a. Verified petition
Continuing registration b. stating the ground
GROUNDS Sec 39 RA 8189
Continuing registration a. Book of voters is not prepared in accordance with RA 8189 b. Book of voters is prepared through fraud, bribery, forgery, impersonation, intimidation, force or any similar irregularity c. Book of voters
contains data that are statistically improbable LIMITATIONS Sec 39 RA 8189
Continuing registration a. Order, ruling, decision annulling a book of voters shall not be executed 90 days before an election b. Order annulling book of list of voters shall not constitute a ground for a pre-proclamation controversy
CHAPTER 4
QUALIFICATIONS AND DISQUALIFICATIONS
QUALIFICATION OF CANDIDATES FOR NATIONAL ELECTIVE OFFICES
PRES. & VP SENATE HOUSE OF REP
BASIS SEC 2 ART VII SEC 3 ART VI SEC 6 ART VI CITIZENSHIP Natural born Natural born Natural born
old on the day of
the election old on the day of the election old on the day of the election LITERACY Able to read and
write Able to read and write Able to read and write VOTER
REGISTRATION Registered voter Registered voter Registered voter in the district in which he shall be elected
RESIDENCE Phil. – at least 10 year preceding election
Phil. – not less than 2 years preceding election
Phili. - at least two (2) years before the day of the election QUALIFICATION OF CANDIDATES FOR LOCAL ELECTIVE OFFICES
GOV. & VICE
GOV. MAYOR (HUC) MYOR &VM (CITY) SP & SB BASIS SEC 39 RA
7160 SEC 39 RA 7160 SEC 39 RA 7160 SEC 39 RA 7160
CITIZENSHIP Citizen Citizen Citizen Citizen
AGE At least 23 years old on election day At least 23 years old on election day At least 21 years old on election day At least 18 years old on election day LITERACY Able to read
and write Filipino or other local language Able to read and write Filipino or other local language Able to read and write Filipino or other local language Able to read and write Filipino or other local language VOTER REGISTRATIO N Registered
voter Registered voter Registered voter Registered voter in the district in which he shall be elected RESIDENCE Resident of province at least 1 year preceding election Phil. – not less than 2 years preceding Resident of city at least 1 year preceding election Phil. – not less than 2 years preceding Resident of city at least 1 year preceding election Phil. – not less than 2 years preceding Resident of city at least 1 year preceding election Phil. – not less than 2 years preceding Administrative Law & Election Law (Atty Gallant
election election election election DEFINITION OF TERMS
CANDIDATE
SEC 79(a) BP 881 a. Any personb. Aspiring for or seeking an elective office
c. Who has filed a certificate of candidacy
d. By himself or through an accredited political party aggroupment or coalition of parties
QUALIFICATIONS a. Condition or circumstance
b. That must be met or complied with
c. To make a person suitable for a particular position
DISQUALIFICATION a. The quality of not being
suitable
b. For a particular position DEFINITION OF TERMS
NATURL BORN CITIZEN SEC 2 ART IV
a. Those who are citizens of the Philippines at the time of the adoption of this Constitution b. Without having to perform any act to
acquire or perfect their citizenship c. Those born before January 17, 1973, of
Filipino mothers, who elect Philippine citizenship upon reaching the age of majority
RESIDENCE Indicate a place of abode, whether permanent or temporary
DOMICILE a. For the exercise of civil rights and fulfilment of obligations
b. The domicile of natural person is their habitual residence
DISQUALIFICATIONS
INCOMPETENT OR INSANE Declared as incompetent or insane by competent authority
CONVICTION
(subversion, insurrection, rebellion)
Sentenced by final judgement for subversion, insurrection, rebellion or any offense for which he has been
OR
CONVICTION
(any offenses, 18 months or more – imprisonment)
sentenced to penalty of more than 18 months imprisonment
CONVICTION
(crime involving moral turpitude) Sentenced by final judgement for a crime involving moral turpitude PERMANENT RESIDENT
or IMMIGRANT (foreign country)
Sec 68 - Any person who is a permanent resident of or an
immigrant to a foreign country shall not be qualified to run for any
elective office under this Code, unless said person has waived his status as permanent resident or immigrant of a foreign country in accordance with the residence requirement provided for in the election laws.
DISQUALIFICATIONS UNDER RA 7160
(Applicable to candidates for Local elective office only) CONVICTION
(crime involving moral turpitude) Sentenced by final judgement for a crime involving moral turpitude CONVICTION
(offenses, 1 year or more – imprisonment)
Or for an offense punishable by 1 year or more of imprisonment within 2 years after serving sentence
REMOVED FROM OFFICE Those removed from office s result of an administrative case
CONVICTION
(violation of oath of allegiance) Those convicted from office as a result of an administrative case DUAL CITIZEN Those with dual citizen
FUGITIVE Fugitives in criminal and non political case here and abroad
PERMANENT RESIDENT or
IMMIGRANT (foreign country)
Permanent residents in 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
INSANE OR FEEBLEMINDED Declared as incompetent or insane by competent authority
COMPRISON OF 2 DISQUALIFICATION GROUNDS SEC 40 RA 7160 (Local Government
Code) - The following persons are disqualified from running for any elective local position:
SEC 2 BP 881 (Omnibus Election Code) - This Code shall govern all election of public officers
SEC 12 BP 881 (Omnibus Election Code) -Disqualifications
(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;
(a) for any offense for which he has been sentenced to a penalty of more than eighteen months or for a crime involving moral turpitude
(b) Those removed from office as a result of an administrative case;
(c) Those convicted by final judgment for violating the oath of allegiance to the Republic;
(c) has been declared by competent authority insane or incompetent, or has been sentenced by final judgment for subversion, insurrection, rebellion (d) Those with dual citizenship;
(e) Fugitives from justice in criminal or non-political cases here or abroad; (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;
(f) SEC 68 - Any person who is a
permanent resident of or an immigrant to a foreign country shall not be
qualified to run for any elective office under this Code, unless said person has waived his status as permanent resident or immigrant of a foreign country in accordance with the
residence requirement provided for in the election laws.
(g) The insane or feeble-minded (g) Any person who has been declared by competent authority insane or incompetent
CHAPTER 5 CANDIDACY Candidate?
Any person aspiring for or seeking an elective public office, who has filed a certificate of candidacy by himself or through an accredited political party, aggroupment, or coalition of parties. (Sec. 79, BP 881)
Certificate of Candidacy (COC) ?
Sworn document required to be filed by a person in order to be eligible for any elective public office.
Contents of a COC? (Sec. 74, BP 881)
The certificate of candidacy shall state that the person filing it is announcing his candidacy for the office stated therein and that he is eligible for said office;
If for Member of Batasang Pambansa
o the province, including its component cities, highly urbanized city or district or sector which he seeks to represent;
o the political party to which he belongs; o civil status;
o his date of birth; o residence;
o his post office address for all election purposes; o his profession or occupation;
o that he will support and defend the Constitution of the Philippines and will maintain true faith and allegiance thereto;
o that he will obey the laws, legal orders, and decrees promulgated by the duly constituted authorities;
o that he is not a permanent resident or immigrant to a foreign country; that the obligation imposed by his oath is assumed voluntarily, without mental reservation or purpose of evasion; and
o that the facts stated in the certificate of candidacy are true to the best of his knowledge.
Unless a candidate has officially changed his name through a court approved proceeding, a certificate shall use in a certificate of candidacy the name by which he has been baptized.
Not baptized in any church or religion? - name registered in the office of the local civil registrar or any other name allowed under the provisions of existing law In case of a Muslim? - Hadji name after performing the prescribed religious pilgrimage:
Two or more candidates for an office with the same name and surname? Each candidate, upon being made aware or such fact, shall state his paternal and maternal surname, except the incumbent who may continue to use the name and surname stated in his certificate of candidacy when he was elected. He may also include one nickname or stage name by which he is generally or popularly known in the locality.
The person filing a certificate of candidacy shall also affix his latest photograph, passport size; a statement in duplicate containing his bio-data and program of government not exceeding one hundred words, if he so desires.
Requisite for Eligibility; Rules (Sec. 73, BP 881)
No person shall be eligible for any elective public office unless he files a sworn certificate of candidacy within the period fixed herein.
A person who has filed a certificate of candidacy may, prior to the election, withdraw the same by submitting to the office concerned a written declaration under oath.
No person shall be eligible for more than one office to be filled in the same election, and if he files his certificate of candidacy for more than one office, he shall not be eligible for any of them.
However, before the expiration of the period for the filing of certificates of candidacy, the person who was filed more than one certificate of candidacy may declare under oath the office for which he desires to be eligible and cancel the certificate of candidacy for the other office or offices.
The filing or withdrawal of a certificate of candidacy shall not affect whatever civil, criminal or administrative liabilities which a candidate may have incurred.
Cases:
Doctrines
v. Board of Canvassers 48 Phil 211
the result of the election cannot be defeated by the fact that the respondent who was certified by the provincial secretary to be a legal candidate for the office of provincial governor, has not sworn to his certificate of candidacy.”
Formal defects in the certificate of candidacy. While the certificate of candidacy is required to be under oath, the election of the candidate cannot be annulled on the sole ground of formal defects in the certificate, such as lack of the required oath.
Jurilla v. COMELEC
G.R. No. 105436, June
2, 1994
“…..Sec. 39, par. (a), of the Local Government Code of 1991, earlier quoted, that the law does not specifically require that the candidate must state in his certificate of candidacy his Precinct Number and the Barangay where he is registered. Apparently, it is enough that he is actually registered as a voter in the precinct where he intends to vote, which should be within the district where he is running for office.”
The omission by a candidate to indicate in his certificate of candidacy his precinct number and particular barangay where he is a registered voter, is not sufficient ground to disqualify the candidate, because the Local Gov’t Code does not require these data to be indicated in the certificate. It is enough that he is actually registered as a voter in the precinct where he intends to vote, which should be within the district where he is running for office.
Effects of filing a certificate of candidacy
Candidates holding appointive office or positions. - Any person holding a public appointive office or position, including active members of the Armed Forces of the Philippines, and officers and employees in government-owned or controlled corporations, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy. (Sec 66, BP 881)
Candidates holding elective office. - Any elective official, whether national or local, running for any office other than the one which he is holding in a permanent capacity, except for President and Vice-President, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy. (Sec 67, BP 881)
Any person who files his certificate of candidacy within this period shall only be considered as a candidate at the start of the campaign period for which he filed his certificate of candidacy: Provided, That, unlawful acts or omissions applicable to a candidate shall effect only upon that start of the aforesaid campaign period: Provided, finally, That any person holding a public appointive office or position, including active members of the armed forces, and officers, and employees in government-owned or-controlled corporations, shall be considered ipso factor resigned from his/her office and must vacate the same at the start of the day of the filing of his/her certification of candidacy. (Sec 13, RA 9369, amending Sec 11 of RA 8436) Cases: Doctrines PNOC Energy v. NLRC G.R. No. 100947 May 31, 1993
“…..Section 66 of the Omnibus Election Code applies to officers and employees in government-owned or controlled corporations, even those organized under the general laws on incorporation and therefore not having an original or legislative charter, and even if they do not fall under the Civil Service Law but under the Labor Code. In other words, Section 66 constitutes just cause for termination of employment in addition to those set forth in the Labor Code, as amended.”
Sec. 66, BP 881 applies even to employees of government-owned or controlled corporations without an original charter.
Quinto v. COMELE C 613 SCRA 385
”Section 4(a) of COMELEC Resolution 8678 is a faithful reflection of the present state of the law and jurisprudence on the matter.
Incumbent Appointive Official. - Under Section 13 of RA 9369, which reiterates Section 66 of the Omnibus Election Code, any person holding a public appointive office or position, including active members of the Armed Forces of the Philippines, and officers and employees in government-owned or -controlled corporations, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy.”
provision.
Effect of filing two (2) certificate of candidacy (Sec 73, par. 3, BP 881)
No person shall be eligible for more than one office to be filled in the same election, and if he files his certificate of candidacy for more than one office, he shall not be eligible for any of them.
Case: Doctrines Catalina Loreto-Go v. COMELEC G.R. No. 147741 May 10, 2001
“We annul the COMELEC resolution declaring petitioner disqualified for both positions of governor of Leyte and mayor of the municipality of Baybay, Leyte. he filing of the affidavit of withdrawal with the election officer of Baybay, Leyte, was a substantial compliance with the requirement of the law. We hold that petitioner's withdrawal of her certificate of candidacy for mayor of Baybay, Leyte was effective for all legal purposes, and left in full force her certificate of candidacy for governor.”
When a person files two certificates of candidacy for different offices, he becomes ineligible for either position. He may withdraw one of his certificates by filing a sworn declaration with the COMELEC before the deadline for the filing of certificates of candidacy.
Death disqualification, withdrawal of a candidate (Sec 77, BP 881)
If after the last day for the filing of certificates of candidacy, an official candidate of a registered or 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.
o The substitute candidate nominated by the political party concerned may file his certificate of candidacy for the office affected in accordance with the preceding sections not later than mid-day of the day of the election.
If the death, withdrawal or disqualification should occur between the day before the election and mid-day of election day, said certificate may be filed with any board of election inspectors in the political subdivision where he is a candidate, or, in the case of candidates to be voted for by the entire electorate of the country, with the Commission.
Cases:
Doctrines
Luna v. COMELEC G.R. No. 165983 April
24, 2007
“The Election Code allows a person who has filed a certificate of candidacy to withdraw the same prior to the election by submitting a written declaration under oath. There is no provision of law which prevents a candidate from withdrawing his certificate of candidacy before the election”
“Hans Roger already withdrew his certificate of candidacy before the COMELEC declared that he was not a valid candidate. Therefore, unless Hans Rogers certificate of candidacy was denied due course or cancelled in accordance with Section 78 of the Election Code, Hans Rogers certificate of candidacy was valid and he may be validly substituted by Luna.”
Monsale vs. Nico 83 Phil. 758
“……whereby he withdrew his withdrawal of his certificate of candidacy, can only be considered as a new certificate of candidacy which, having been filed only four days before the election, could not legally be accepted under the law, which expressly provides that such certificate should be filed at sixty days before the election.”
The withdrawal of the withdrawal, for purpose of reviving the certificate of candidacy, must be made within the period provided by law for filing of the certificate of candidacy.
Duty of the COMELEC
Ministerial duty of receiving and acknowledging receipt. - The Commission, provincial election supervisor, election registrar or officer designated by the Commission or the board of election inspectors under the succeeding section shall have the ministerial duty to receive and acknowledge receipt of the certificate of candidacy. (Sec 76, BP 881)
Cases:
Doctrines Abcede v. Imperial
103 Phil 136 “……foregoing provisions give the Commission nodiscretion to give or not to give due course to petitioner's certificate of candidacy. On the contrary, the Conunission has, admittedly, the "ministerial" duty to receive said certificate of candidacy. Of what use would
it be to receive it if the certificate were not to be given due course? We must not assume that Congress intended to require a useless act — that it would have imposed a mandatory duty to do something vain, futile and empty.”
Cipriano v. COMELEC 479 Phil 677
“The Commission may not, by itself, without the proper proceedings, deny due course to or cancel a certificate of candidacy filed in due form.”
“The Commission has no discretion to give or not to give due course to petitioners certificate of candidacy. The duty of the COMELEC to give due course to certificates of candidacy filed in due form is ministerial in character. While the Commission may look into patent defects in the certificates, it may not go into matters not appearing on their face.”
Petition to deny due course to or cancel a certificate of candidacy (Sec 78, BP 881)
A verified petition seeking to deny due course or to cancel a certificate of candidacy may be filed by the person exclusively on the ground that any material representation contained therein as required under Section 74 hereof is false .
The petition may be filed at any time not later than twenty-five days from the time of the filing of the certificate of candidacy and shall be decided, after due notice and hearing, not later than fifteen days before the election. Cases: Doctrines Pendatun Salih v. Sales G.R. No. 122872 September 10, 1997
“……on the basis only of the election returns which, on their face, appear regular and wanting of any physical signs of tampering, alteration, or other similar vice, the Second Division could not justifiably exclude said returns on the occasion of a pre-proclamation controversy whose office is limited to incomplete, falsified or materially defective returns which appear as such on their face. If there had been sham voting or minimal voting which was made to appear as normal through the falsification of the election returns by private respondent Alonzos followers, such grounds are properly cognizable Administrative Law & Election Law (Atty Gallant
in an election protest and not in a pre-proclamation controversy”
Loong v. COMELEC 216 SCRA 760
“The prevailing doctrine in this jurisdiction, therefore, is that as long as the returns appear to be authentic and duly accomplished on their face, the Board of Canvassers cannot look beyond or behind them to verify allegations of irregularities in the casting or the counting of the votes.”
Petition for cancellation must be filed within 25 days from filing of the certificate of candidacy sought to be cancelled. In the present case, a petition for cancellation of certificate of candidacy filed beyond the 35-day period was not given due course.
CHAPTER 6 CAMPAIGN Election campaign?
Also called partisan political activity, refers to an act designed to promote the election or defeat of a particular candidate or candidates to a public office which shall include:
(1) 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;
(2) 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;
(3) Making speeches, announcements or commentaries, or holding interviews for or against the election of any candidate for public office;
(4) Publishing or distributing campaign literature or materials designed to support or oppose the election of any candidate; or
(5) Directly or indirectly soliciting votes, pledges or support for or against a candidate.
What are not considered election campaign or partisan political activity?
1-5, If 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.
Public expressions or opinions or discussions of probable issues in a forthcoming election or on attributes of or criticisms against probable candidates proposed to be nominated in a forthcoming political party convention
Prohibitions?
Election campaign or partisan political activity outside campaign period. However, political parties may hold political conventions or meetings to nominate their official candidates within thirty days before the commencement of the campaign period and forty-five days for Presidential and Vice-Presidential election. (Sec. 80, BP 881)
Intervention of foreigners. It shall be unlawful for any foreigner, whether judicial or natural person, to aid any candidate or political party, directly or indirectly, or take part in or influence in any manner any election, or to contribute or make any expenditure in connection with any election campaign or partisan political activity. (Sec 81, BP 881)
Removal, destruction or defacement of lawful election propaganda prohibited. It shall be unlawful for any person during the campaign period to remove,
destroy, obliterate, or in any manner deface or tamper with, or prevent the distribution of lawful election propaganda. (Sec 83, BP 881)
Transportation, food and drinks. It shall be unlawful for any candidate, political party, organization, or any person to give or accept, free of charge, directly or indirectly, transportation, food or drinks or things of value during the five hours before and after a public meeting, on the day preceding the election, and on the day of the election; or to give or contribute, directly or indirectly, money or things of value for such purpose. (Sec 89, BP 881)
Case
Doctrines
Lanot v. COMELEC G.R. No. 164858 November 16, 2006
“Section 80 of the Omnibus Election Code prohibits is "an election campaign or partisan political activity" by a "candidate" "outside" of the campaign period.”
Thus, the essential elements for violation of Section 80 of the Omnibus Election Code are:
(1) a person engages in an election campaign or partisan political activity;
(2) the act is designed to promote the election or defeat of a particular candidate or candidates; (3) the act is done outside the campaign period. Lawful election propaganda (Sec 3, RA 9006; Sec 82, BP 881)
(1) Pamphlets, leaflets, cards, decals, stickers or other written or printed materials the size of which does not exceed eight and one half inches in width and fourteen inches in length;
(2) Handwritten or printed letters urging voters to vote for or against any particular political party or candidate for public office;
(3) Cloth, paper or cardboard posters, whether framed or posted, with an area not exceeding two (2) feet by three (3) feet, except that, at the site and on the occasion of a public meeting or rally, or in announcing the holding of said meeting or rally, streamers not exceeding three (3) feet by eight (8) feet in size, shall be allowed: Provided, That said streamers may be displayed five (5) days before the date of the meeting or rally and shall be removed within twenty-four (24) hours after said meeting or rally;
(4) Paid advertisements in print or broadcast media: Provided, That the advertisements shall follow the requirements set forth in Section 4 of this Act; and
(5) All other forms of election propaganda not prohibited by the Omnibus Election Code or this Act.
Prohibited forms of election propaganda (Sec 85, BP 881) It shall be unlawful:
(1) To print, publish, post or distribute any poster, pamphlet, circular, handbill, or printed matter urging voters to vote for or against any candidate unless they bear the names and addresses of the printer and payor as required in Section 84 hereof;
(2) To erect, put up, make use of, attach, float or display any billboard, tinplate-poster, balloons and the like, of whatever size, shape, form or kind, advertising for or against any candidate or political party;
(3) To purchase, manufacture, request, distribute or accept electoral propaganda gadgets, such as pens, lighters, fans of whatever nature, flashlights, athletic goods or materials, wallets, shirts, hats, bandanas, matches, cigarettes and the like, except that campaign supporters accompanying a candidate shall be allowed to wear hats and/or shirts or T-shirts advertising a candidate;
(4) To show or display publicly any advertisement or propaganda for or against any candidate by means of cinematography, audio-visual units or other screen projections except telecasts which may be allowed as hereinafter provided; and (5) For any radio broadcasting or television station to sell or give free of charge air time for campaign and other political purposes except as authorized in this Code under the rules and regulations promulgated by the Commission pursuant thereto.
Any prohibited election propaganda gadget or advertisement shall be stopped, confiscated or torn down by the representative of the Commission upon specific authority of the Commission.
Cases Doctrines Adiong v. COMELEC G.R. No. 103956 March 31, 1992
“The COMELEC's prohibition on posting of decals and stickers on "mobile" places whether public or private except in designated areas provided for by the COMELEC itself is null and void on constitutional grounds.”
“The prohibition unduly infringes on the citizen’s fundamental right of free speech enshrined in the Constitution (Sec. 4, Article III). There is no public interest substantial enough to warrant the kind of restriction involved in this case.”
“The holding of exit polls and the dissemination of their Administrative Law & Election Law (Atty Gallant
ABS-CBN
Broadcasting Corp. v. COMELEC G.R. No. 133486 January 28, 2000
results through mass media constitute an essential part of the freedoms of speech and of the press. Hence, the Comelec cannot ban them totally in the guise of promoting clean, honest, orderly and credible elections. Quite the contrary, exit polls — properly conducted and publicized — can be vital tools in eliminating the evils of election-fixing and fraud. Narrowly tailored countermeasures may be prescribed by the Comelec so as to minimize or suppress the incidental problems in the conduct of exit polls, without transgressing in any manner the fundamental rights of our people.”
SWS, Inc. v. COMELEC G.R. No. 147571
May 5, 2001
Sec. 5.4, RA 9006 is invalid because
(1) it imposes a prior restraint on the freedom of expression,
(2) it is a direct and total suppression of a category of expression even though such suppression is only for a limited period, and
(3) the governmental interest sought to be promoted can be achieved by means other than suppression of freedom of expression.
Sec. 5.4 - Surveys affecting national candidates shall not be published fifteen (15) days before an election and surveys affecting local candidates shall not be published seven (7) days before an election.
Chavez v. COMELEC G.R. No. 162777
August 31, 2004
The Supreme Court upheld the validity of COMELEC Resolution 6520 that all propaganda materials including advertisements on print, in radio, or on television, showing the image or mentioning the name of a person who, subsequent to the placement or display thereof, becomes a candidate for public office, be immediately removed, otherwise this shall be presumed as premature campaigning in violation of the provisions of BP 881.
Contributions and Expenses Election contribution?
Includes a gift, donation, subscription, loan, advance or deposit of money or anything of value, or a contract, promise or agreement to contribute, whether or not legally enforceable, made for the purpose of influencing the results of the elections but shall not include services rendered without compensation by individuals volunteering a portion or all of their time in behalf of a candidate or political party. (Sec 94, BP 881)
Election expenses?
Includes the payment or delivery of money of anything of value, or a contract, promise or agreement to make an expenditure, for the purpose of influencing the results of the election. (Sec 94, BP 881)
Prohibited contributions (Sec 95, BP 881)
Limitations? (Sec 13, RA 7166)
Authorized Expenses of Candidates and Political Parties
The agreement amount that a candidate or registered political party may spend for election campaign shall be as follows:
For candidates:
o Ten pesos (P10.00) for President and Vice-President; and
o Three Pesos (P3.00) for other candidates for every voter currently registered in the constituency where he filed his certificate of candidacy: Provided, That a candidate without any political party and without support from any political party may be allowed to spend Five Pesos (P5.00) for every such voter
For political parties:
o Five pesos (P5.00) for every voter currently registered in the constituency or constituencies where it has official candidates.
Statement of Contributions and Expenditures (Sec 14, RA 7166)
Every candidate and treasurer of the political party shall, within thirty (30) days after the day of the election, file in duplicate with the offices of the Commission the full, true and itemized statement of all contributions and expenditures in connection with the election.
No person elected to any public offices shall enter upon the duties of his office until he has filed the statement of contributions and expenditures herein required.
The same prohibition shall apply if the political party which nominated the winning candidate fails to file the statement required herein
Effect of failure to file statement? – ADMINISTRATIVE OFFENSE (Sec 14, RA 7166)
Offenders shall be liable to pay an administrative fine ranging from One thousand pesos (P1,000.00) to Thirty thousand pesos (P30,000.00), in the discretion of the Commission.
