Election Law (Students)
Election Law (Students)
Election Law (Students)
School of Law
Poblacion Buyagan, La Trinidad, Benguet
a) Election - Embodiment of the popular will, the expression of the sovereign power of the people.
Components:
o Choice or selection of candidates to public office by popular vote
o Conduct of the polls
o Listing of votes
o Holding of Electoral campaign
o Act of casting and receiving the ballots from the voters
o Counting the ballots
o Making the election returns
o Proclaiming the winning candidates
Regular election – Refers to an election participated in by those who possess the right of suffrage and not
disqualified by law and who are registered voters.
Special election – Conducted when there is failure of election on the scheduled date of regular election in a
particular place or which is conducted to fill up certain vacancies, as provided by law.
b) Political Parties - An organized group of persons pursuing the same ideology, political ideas or platforms of government
including its branches and divisions.
c) Candidates
Rules on Filing of Certificates of Candidacy
1. No person shall be elected into public office unless he files his certificate of candidacy within the prescribed
period
2. No person shall be eligible for more than one office. If he/she files for more than one position, he shall not be
eligible for all unless he cancels all and retains one
3. The certificate of candidacy shall be filed by the candidate personally or by his duly authorized representative.
4. Upon filing, an individual becomes a candidate, he is already covered by rules, restrictions and processes
involving candidates.
* Disqualifications (from continuing as a candidate or from holding the office if already elected):
Any candidate, who in an action or protest in which he is a party is declared by final decision of a competent
court guilty of, or is found by the Commission of having:
1. Given money or other material consideration to influence, induce or corrupt the voters or public officials
performing electoral functions.
2. Committed acts of terrorism to enhance his candidacy
3. Spent in his election campaign an amount in excess of that allowed by the Omnibus Election Code
4. Solicited, received or made any contribution prohibited under this Code
5. Violated any of the following sections: Section 80, 83, 85,86,261
6. Permanent resident of or an immigrant to a foreign country shall not be qualified to run for any elective
office UNLESS he/she has waived his/her status as a permanent resident/immigrant of a foreign country
in accordance with the residence requirement provided for under election laws.
Nuisance Candidates
Refers to candidates who have no bona fide intention to run for the office for which the certificate of candidacy
has been filed and would thus prevent a faithful determination of the true will of the people.
d) Powers of COMELEC
May refuse to give due course to or cancel a certificate of candidacy of a nuisance candidate. This can be done motu
proprio or upon verified petition of an interested party.
o It includes:
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.
5. Directly or indirectly soliciting votes, pledges or support for or against a candidate.
o When the acts enumerated above are NOT considered an election campaign/partisan political activity.
If the acts are performed for the purpose of enhancing the chances of aspirants for nomination for candidacy to a
public office by a political party, aggroupment, or coalition of parties.
f) RA 9006 – (Fair Election Act)
Important Features:
1) Repeal of Sec. 67 of the OEC – Now, any ELECTIVE official, whether national or local, running for any
office other than the one which he is holding in a permanent capacity shall not be considered ipso facto
resigned from his office upon the filing of his certificate of candidacy.
2) Lifting of the Political Ad Ban – Written and Printed Materials (8.5” W x 14L”)
o Posters (2’ x 3’) in common-private poster areas (not more than 10 public places per political party
or independent candidate, 12’ 16’), private places and public places
o Rally streamers (3’ x 8’) NOT MORE THAN 2
o Paid Advertisements at Discounted Rates
o Print : 1/4th page in broadsheet and ½ page in tabloid 3x a week
o Television: 120 minutes for candidate for nationally elective office and 60 for local
o Radio: 180 minutes for candidate for nationally elective office and 90 for local
o COMELEC free space (3 national newspapers for nationally elective officials and 1 national
newspaper for local) and airtime
(3 national television networks for nationally elective officials and 1 station for local): equal
allocation for all candidates for 3 calendar days
Voters
a) Qualifications
Age: 18 years old and over.
Residence
1. He /she should have resided in the Philippines for one year and
2. Resided in the city/municipality wherein he proposes to vote for at least 6 months immediately
preceding the election.
b) Residence Requirement
If the transfer of residence is due to any of the following reasons, the person concerned will be deemed
NOT to have lost his original residence:
1) Transfer solely because of occupation, profession, employment in private or public service
2) Educational activities
3) Work in military or naval reservations
4) Service in the army, navy or air force, national police force
5) Confinement/detention in government institutions in accordance with law.
c) Deactivation means removing the registration records of persons from the precinct book of voters and place the
same, properly marked and dated in indelible ink, in the inactive file after entering the cause of deactivation.
d) How is reactivation of registration effected?
o Sworn application for reactivation
o Affidavit
o Not later than 120 days before regular election and 90 days before special election
e) Annulment of Book of Voters is through verified petition; notice and hearing; not prepared in accordance with law
or prepared through fraud, bribery, forgery, impersonation, intimidation, force, any similar irregularity or which
contains data that are statistically improbable. Cannot be done within 90 days before election
h) Postponement of Election
a) Causes
o Violence
o Terrorism
o Loss or destruction of election paraphernalia/records
o Force majeure
o Other analogous causes
b) COMELEC can postpone the election when decided by a majority vote of the COMELEC sitting en banc, (RA
7166):
1. Motu proprio
2. Upon a verified petition by any interested party, after due notice and hearing
i) Failure of Election
a) Causes
1. when the election in any polling place has not been held on the date fixed on account of force majeure,
violence, terrorism, fraud and other analogous cases
2. when the election in any polling place has been suspended before the hour fixed by law for the closure of the
voting; and
3. after the voting and during the preparation and transmission of the election returns or in the custody or
canvass thereof, such election results in a failure to elect.
Under RA 7166, the causes for the declaration of the failure of election may occur before or after the casting of
votes or on the day of the election.
c) Remedy
COMELEC can call for the holding or continuation of the election not held, suspended, or which resulted in a failure
to elect. The election should be held not later than 30 days after the cessation of the cause of the postponement
or suspension of the election or failure to elect. This is decided by the COMELEC, by a majority vote of its members,
sitting en banc.
b) How do we determine the number of party list seats in the House of Reps?
o (# of District Reps / 0.80) x 0.20 = # of party list reps
o There are presently 208 legislative districts, according to the Veterans Federation Case
o The 5 major political parties are now entitled to participate in the party list system
o Parties receiving at least 2% of the total votes cast for the party-list system shall be entitled to one seat each
o No party shall be entitled to more than 3 seats
o Currently, there are 260 seats. So 20 % of 260 is 52 seats. But this is only a ceiling.
o A list with 5 names should be submitted to COMELEC as to who will represent the party in the Congress.
Ranking in the list submitted determines who shall represent party or organization.
l) Pre-Proclamation Controversies
o A pre-proclamation controversy refers to any question pertaining to or affecting the proceedings of the board of
canvassers which may be raised by any candidate or by any registered political party or coalition of political parties
before the board or directly with the COMELEC.
o A pre-proclamation controversy is limited to an examination of the election returns on their face- The COMELEC as
a general rule need not go beyond the face of the returns and investigate alleged election irregularities.
o It would also refer to any matter raised under Sections 233, 234, 235, and 236 of the Omnibus Election Code in
relation to the preparation, transmission, receipt, custody, and appreciation of the election returns. (Board of
canvassers have original jurisdiction while COMELEC have appellate jurisdiction)
1. When election returns are delayed, lost or destroyed (Sec.233)
2. Material defects in the election returns (Sec. 234)
3. When election returns appear to be tampered with or falsified. (Sec. 235)
4. Discrepancies in election returns (Sec. 236)
Those that can be filed with COMELEC directly are the ff:
Issue involves the illegal composition or proceedings of the board of canvassers, as when a majority or all of
the members do not hold legal appointments or are in fact usurpers
Issue involves the correction of manifest errors in the tabulation or tallying of the results during the canvassing.
Recount
There can be a recount under the grounds of 234-236. The returns involved will affect the results and the integrity
of the ballot box has been preserved
Procedure
A. Contested composition or proceedings of the board (under RA 7166)
It may be initiated in the board or directly with COMELEC.
B. Contested election returns (under RA 7166)
Matters relating to the preparation, transmission, receipt, custody and appreciation of the election returns, and
certificate of canvass, should be brought in the first instance before the board of canvassers only.
m) Election Contest
Refers to the adversary proceedings before which matters involving the title or claim to an elective office made before
or after proclamation of the winner is settled whether or not the contestant is claiming the office in dispute. It is neither
a civil action nor criminal proceeding; it is a summary proceeding of a political character. Its purpose is to ascertain the
candidate lawfully elected to office.
a) Original Jurisdiction
COMELEC has ORIGINAL jurisdiction over contests relating to the elections, returns, qualifications of all elective:
o Regional
o Provincial
o City officials
b) Appellate Jurisdiction
COMELEC has APPELLATE jurisdiction over all contests involving:
1. Elective MUNICIPAL officials decided by trial courts of GENERAL jurisdiction
2. Elective BARANGAY officials decided by trial courts of LIMITED jurisdiction
o) Election Offenses
1. Vote buying and vote-selling
a) Covered acts
1. Give, offer or promise money or anything of value
2. Making or offer to make any expenditure, directly or indirectly, or cause an expenditure to be made to
any person, association, corporation, entity or community
3. Soliciting or receiving, directly or indirectly, any expenditure or promise of any office or employment,
public or private
b) Purpose of acts
1. To induce anyone or the public in general to vote for or against any candidate or withhold his vote in the
election or
2. To vote for or against any aspirant for the nomination or choice of a candidate in a convention or similar
selection
2. Coercion of a subordinate
a) Who can be held liable
1. public officer
2. officer of a public/private corporation/association
3. heads/superior/administrator of any religious org.
4. employer/landowner
b) Prohibited acts
1. Coercing, intimidating or compelling or influencing, in any manner, any subordinates, members,
parishioners or employees or house helpers, tenants, overseers, farm helpers, tillers or lease holders to
aid, campaign or vote for or against a candidate or aspirant for the nomination or selection of candidates.
2. Dismissing or threatening to dismiss, punishing or threatening to punish by reducing salary, wage or
compensation or by demotion, transfer, suspension etc.
3. Appointment of new employees, creation of new position, promotion or giving salary increases:
a) Who can be held liable: Any head/official/appointing officer of a government office, agency or
instrumentality, whether national or local, including GOCCs.
b) Prohibited acts
1. 1.Appointing or hiring a new employee (provisional, temporary or casual)
2. 2.Creating or filling any new position
3. 3.Promoting/giving an increase in salary, remuneration or privilege to any government official or
employee.
d) Exceptions
1. Upon prior authority of COMELEC if it is satisfied that the position to be filled is essential to the proper
functioning of the office/agency concerned AND that the position is not filled in a manner that may
influence the election
2. In case of urgent need, a new employee may be appointed. Notice of appointment should be given to
COMELEC within 3 days from appointment.
b) Prohibited acts:
The release, disbursement or expenditure of public funds for any and other kinds of public works
d) Exception
1. maintenance of existing/completed public works project.
2. work undertaken by contract through public bidding, or by negotiated contract awarded before the 45-
day period before election
3. payment for the usual cooperation for working drawings, specifications and other procedures preparatory
to actual construction including the purchase of material and equipment and incidental expenses for
wages.
4. Emergency work necessitated by the occurrence of a public calamity but such work shall be limited to the
restoration of the damaged facility.
5. Ongoing public work projects commenced before the campaign period or similar projects under foreign
agreements.
b) Exceptions
1. With prior approval of COMELEC
2. Suspension is for the purpose of applying the Anti-Graft and Corrupt Practices Act
q) Jurisdiction of courts
1. RTC has exclusive original jurisdiction to try and decide any criminal action or proceedings for violation of the Code.
2. MTC/MCTC have jurisdiction over offenses relating to failure to register or vote.
NOTE:
The information in this handout is not extensive hence the student is encouraged to take supplemental reading of the
Omnibus Election Code, Reviewers and Cases on Election Law.