1. Election Law Notes

2. Outline
 1) Commission on Elections 6. Election Day;
Casting and Counting
 2) Voters and Voter 7. Canvassing and
Registration Pre-Proc
 3) Elective Officials and 8. Post-Proc.
Candidates Election Protest,
Quo Warranto
 4) Campaign Annulment and
Election Offense
 5) Elections: Postponement
and Failure

3. 1) Commission on Elections
 Enforcement: All election laws (persons and policies)
 Judicial Power: Qualifications, Election Contests,
Not suffrage
 Jurisdiction: Original - Regional, Provincial and
City; Appellate - Municipal, Barangay and
Sangguniang Kabataan
 Recourse: En Banc (MR, administrative) and
Division (1st instance, judicial)
 Process: Division - MR to En Banc - Certiorari to SC

4. 1) Commission on Elections
 Judicial: Disqualification, Election Protest, Quo
Warranto, Pre- Proclamation, Annulment of
Proclamation
 Administrative: Failure of Elections, Postponement
of Elections,
 Election Offense, Annulment of Book of Voters
 Contempt: Judicial, not Administrative

5. 2) Voters: Concepts
 Suffrage is a Right, Not Obligation
 Qualifications defined in Constitution
 Procedural Requirements allowed, Substantive not
allowed
 Disqualifications defined in Statute
 Must allow: Absentee Voting, Dual Citizens, Disabled
and Illiterates to Vote
 Relationship with Right to Run for Office

6. 2) Voters: Qualifications
 Filipino Citizen
 At least 18 years of age on election day
 Resident in Philippines for at least 1 year prior to
election day
 Resided in place wherein propose to vote for at least
6 months prior to election day
 Free from Disqualifications
 In order to vote, must be a registered voter

7. 2) Voters: Disqualifications
 Sentenced by final judgment – imprisonment of 1
year or more
 Sentenced to suffer accessory penalty – political
rights
 Adjudged by final judgment – crime involving
disloyalty
 Court-declared insane and incompetent persons

8. 2) Voters: Registration
 Continuing
 Computerized List
 200 Voter-Precinct
 Permanent but may be changed (+ or -): New Voters;
Transfer;
 Deactivation and Activation; Cancellation; Inclusion
and Exclusion; and
 Annulment of Book of Voters

9. 2) Voters: Opposition
 Where Oppose? Election Registration Board
 How Oppose? File Written Opposition
 Why Oppose? Not Qualified, Fictitious

10. 2) Voters: Deactivation
 When Disqualified to Vote; Failed to Vote in 2
preceding elections
 When Registration Excluded by the Court
 When Lose Filipino Citizenship

11. 2) Voters: Inclusion/ Exclusion
 Where File? MTC (not Comelec), then RTC
 Grounds? Disapproval or Name Stricken Out
(Inclusion); Not Qualified or Voter Not Real
(Exclusion)

12. 2) Voters: Inclusion/ Exclusion
 File Petition (refer to 1 precinct; ERB members as
Respondents)
 Service of Notice (4 modes)
 Any Voter, Candidate or Political Party may
Intervene
 Summary Proceedings (not conference inside
Chambers)
 Presentation of Evidence (No Stipulation of Facts)
 Decision within 10 days from Filing
 Appeal with RTC (5 days)

13. 2) Voters: Annulment of BV
 Where File? COMELEC
 Who Files? Any Voter, EO or Party
 What Grounds? Book Prepared Improperly,
Preparation Attended with Vice or Fraud, Book
contains Statistically Improbable Data

14. 2) Voters: Election Day
 Illegal Voter
 Not registered; Use another name; Disqualified;
Multiple Registrant (allowed to vote if properly
identified)
 Illegal Act
 Vote-Buying; Vote-Selling; Vote-Betting: Promise to
induce or withhold vote (allowed to vote if take oath)

15. 3) Officials: Elective
 National Office
 President; Vice-President; Senators (24; 1/2);
Representatives (District and Party-List)
 Local Office
 LCE: Governor, Mayor and Punong Barangay; VLCE:
Vice-Governor and Vice-Mayor; Sanggunian
Members; Sangguniang Kabataan

16. 3) Officials: Party-List
 Multi-Partism/ Party Loyalty/ Social Justice
 Exclusive to Marginalized/ Nominees Organic
 Only in House (20% of Total)
 2% Threshold (and until filled up)
 3-Seat Maximum

17. 3) Officials: Candidate
 Definition: Seeks public office and files certificate
of candidacy
 Effect of Non-Filing: Not a candidate (re: liability
for unlawful acts and omissions)
 Effect of Filing: On Tenure of Incumbents (elective
and appointive)

18. 3) Officials: Substitution
 2 Grounds – Death, Withdrawal and Disqualification
 Both Substituted and Substitute must be Qualified
 When? Up to mid-day of election day (Rules might
set earlier deadline)
 Substitute? Qualified and Same Party (or spouse)
 Substituted can no longer run for any other position/
Withdrawal not affect liabilities
 Votes cast for substituted stray unless same surname

19. 3) Officials: Qualifications
 Set by the Constitution (for national) and statutes
(for local)
 Citizenship
 Age
 Residency
 Registered Voter
 Literacy
 Free from Disqualifications
 Undergo Drug Test under CDDA of 2002
(unconstitutional)

20. 3) Officials: Disqualifications
 Lack qualifications/ possess some disqualifications
 Violate Term Rule (1-2-3 terms)
 Commission of an election offense
 Nuisance Candidate
 Sentenced by Final Judgment – accessory penalty
 Wilfully Commits Material Misrepresentation
 No valid, timely and properly filed certificate of
candidacy

21. 3) Officials: Disqualifications
 Lack of Qualifications
 Where File: Comelec Division
 When File: Before Proclamation
 If Not File: Quo Warranto

22. 3) Officials: Disqualifications
 Election Offense
 What Offenses? Vote-Buying, Terrorism, Unlawful
Expenditures,
 Unlawful Campaign, Coercion of Subordinates,
Threats, Prohibition against Release of Public Funds
 Where File? Comelec Division
 When File? Before Proclamation
 If Not File? Election Protest and/ or Election Offense

23. 3) Officials: Disqualifications
 Nuisance Candidate
 Who Is? Campaign Capability, Intention,
Performance, Exposure, Platform, Party Affiliation,
Organization, Profession, Income, Health,
Education, Name
 Where File? Comelec Division
 When File? Within 5 days from Last Day Filing of
Certificate of Candidacy
 If Not File: No remedy

24. 3) Officials: Disqualifications
 Misrepresentation
 Misrepresentation must be Material (pertains to
Qualifications and Disqualifications) and Willful/
Deliberate; Even if there is ‘Misrepresentation”, if
actually Qualified – Not Disqualified
 Where File? Comelec Division
 When File? 25 days from Filing of CoC
 If Not File: No remedy

25. 4) Campaign: Concept
 Definition: Act designed to promote or defeat a
candidate
 Determining Factor: Intent/ Design (not all acts of
beneficence are considered campaigning)
 Application: All Candidates for All Elective Offices
 Current Framework: Regulated but Liberalized

26. 4) Campaign: Allowable Forms
 Forming Organizations
 Holding Rallies
 Making Speeches
 Distributing Campaign Materials
 Soliciting Votes
 Publishing Advertisements

27. 4) Campaign: Propaganda
 Paid Political Advertisements
 Free Space and Airtime
 Use of Gadgets and Billboards
 Private Poster Areas
 Posting in Private Places
 Election Surveys and Exit Polls

28. 4) Campaign: Written Forms
 Printed Materials (8.5”Wx14”L)
 Letters
 Posters (2’x3’), Poster Areas (12’x16’)
 Rally Streamers (3’x8’)

29. 4) Campaign: Paid Ads
 Print: 1/4th page in broadsheet, ½ in tabloid 3x a
week
 Television: 120 minutes (for national) and 60
minutes (for local)
 Radio: 180 minutes (for national) and 90 minutes
(for local)

30. 5) Elections: Postponement
 Grounds: Force majeure, Violence, Terrorism, Loss or
Destruction of Election Paraphernalia, and Analogous
Causes
 Extent: Serious and Impossible to have free and orderly
elections
 Conditions: Grounds must exist before voting
 Authority: Comelec en banc (petition or motu propio)

31. 5) Elections: Failure
 Grounds: Force majeure, Violence, Terrorism, Fraud,
and Analogous Causes
 Extent: Failure to elect and affect results of elections
 Conditions: Election not held or suspended, After
voting, During preparations or transmission of
election returns, Canvassing
 Authority: Comelec en banc (petition)

32. 6) Election Day: Pre-Casting
 Polling Places are Opened
 Election Paraphernalia and Book of Voters Presented
and Examined in Public
 BEI Chair Opens Ballot Box (turn upside down)
 BEI Locks Ballot Box
 BEI Chair and Poll Clerk Sign at the Back of Each
Ballot
 Watchers Present their Credentials

33. 6) Election Day: Casting
 Voters Vote in Order of their Entrance
 Voter Approaches BEI Chair
 BEI Verifies Identity
 BEI Chair Announces Name (Voter may be Challenged:
Illegal Voter or Illegal Acts)
 Voter Signs in EDCVL
 BEI Chair Enters Ballot Number in EDCVL

34. 6) Election Day: Casting
 BEI Chair Signs at the Back of Ballot
 BEI Chair Delivers 1 Ballot to Voter
 Voter Proceeds to Voting Booth (If Voter spoils
ballot, must be surrendered and given another)
 Voter Delivers Folded Ballot to BEI Chair
 Voter Affixes Thumbmark in Coupon
 BEI Chair Verifies Ballot Number
 Voter Affixes Thumbmark in EDCVL

35. 6) Election Day: Casting
 Chair applies indelible ink on right forefinger nail of
voter
 BEI Chair Signs EDCVL
 BEI Chair Detaches Coupon and Deposit Folded
ballot in Compartment for Valid Ballots and Coupon
in Compartment for Spoiled Ballots
 Voter Departs

36. 6) Election Day: Counting
 Counting in Public and Without Interruption
 Ballot Box Opened and Ballots Counted
 Excess Ballots Disposed of
 Marked Ballots Ascertained and Not Counted
 Ballots Unfolded, then Placed in Piles of 100, then
Read Ballots of 1st
 Pile 1-by-1, BEI Chair Affixes Thumbmark, Totals after
Reading of each
 Pile
 During Counting, Chairperson reads names, Poll Clerk
Records on
 Election Returns, 3rd Member Records on Tally Board

37. 6) Election Day: Counting
 Rules on Appreciation Followed (Objections may be
made)
 Valid Ballot
 Intent Rule
 3 Ss: Surname, Sitting Official (Incumbent) and Slate
 Distinguish Stray Vote and Invalid Ballot

38. 6) Election Day: Counting
 Proclamation of Results (Alterations and Corrections can
be made before Announcement)
 Sealing of Counted Ballots and Election Returns and
Certification of Tally Sheet
 Issuance of Certificate of Votes
 Delivery of Ballot Boxes and Election Paraphernalia to
Local Treasurer
 7 Copies of Election Returns Distributed

39. 7) Canvassing: Concepts
 Collegial Body: Board of Canvassers
 Determination: Due execution and authenticity of
ERs and CoCs
 Scope: Canvassing, Pre-Proclamation Controversies
or Manifest Errors,
 and Proclamation

40. 7) Canvassing: Pre-Proc
 Grounds Exclusive (BoC Composition/ Proceedings and
ER/ CoC)
 No Pre-Proclamation Cases for National Positions (only
Manifest Errors)
 Face of Election Returns (No evidence aliunde)
 Not violence, voting, voters, appreciation of ballots
 2-Objection Rule: Verbal then Written

41. 7) Canvassing: Pre-Proc
 ER/ CoC Delayed or Destroyed
 Delayed (retrieval)
 Lost or Destroyed (use other copies; with Comelec
authority

42. 7) Canvassing: Pre-Proc
 Material Defects
 Material Defects: Name of Candidate Omitted, or
Votes of Candidate
 Omitted (BEI to correct or recount)
 Formal Defects: Not Sealed with Inner Paper Seal,
No Outer Paper Seal/ Seal Broken, # of Registered
Voters Not Stated, No Closing Signature by BEI,
Not Signed by Watchers

43. 7) Canvassing: Pre-Proc
 ER/ CoC Falsified/ Spurious
 Grounds: Not Signed by BEI, Prepared by Non-
BEI, No Security Markings, Prepared by BEI under
Duress, or Contain Erasures (affect integrity)
 Recourse: use other copies or recount

44. 7) Canvassing: Manifest Errors
 Any Palpable Error
 Copies of ER tabulated more than 1x
 2 Copies of ER tabulated separately
 Mistake in adding
 Mistake in copying of figures in statement of votes
 ERs from non-existent precincts canvassed

45. 8) Post-Proc: Election Protest
 Grounds: Fraud and Irregularities in Casting, Counting
and Canvassing
 Documents in Question: Ballots, ERs and CoCs
 Venue: P/VP; Senators; Representatives; Regional;
Province; City;
 Municipality; Barangay
 Requirements: Filed by candidate; Within period;
Protestee proclaimed; Payment of filing fee;
Allegations of fraud; Identify precincts; Verified;
Certificate of non-forum shopping
 Procedure: Revision; Trial
 If prosper: protestee removed, true winner proclaimed

46. 8) Post-Proc: Quo Warranto
 Grounds: Disloyalty to Republic; Ineligibility
 Venue: Same as Election Protest
 If prosper: Respondent ousted; special elections or
succession

47. 8) Post-Proc: Annulment
 Grounds: Proclamation based on irregular and illegal
canvass
 Venue: Comelec division
 Effect: Proclamation annulled

48. 8) Post-Proc: Election Offense
 Grounds: Violation of Election Code, Commission of
Prohibited Acts
 Investigation: Law Department or Prosecutors
 Venue: Regional Trial Court
 Effect: Disqualification, Fine/ Imprisonment