ELECTION LAW 2010 ATTY. JOSE M. ROY III | 2D I. INTRODUCTION A. B. C. D.

Definition Theories of Suffrage Qualifications for Suffrage Disqualifications

have lost his original residence. Section 118. Disqualifications. - The following shall be disqualified from voting: (a) Any person who has been sentenced by final judgment to suffer imprisonment for not less than one year, such disability not having been removed by plenary pardon or granted amnesty: Provided, however, That any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon expiration of five years after service of sentence. (b) Any person who has been adjudged by final judgment by competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government such as rebellion, 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 years after service of sentence. (c) Insane or incompetent persons as declared by competent authority. Overseas Absentee Voting Act of 2003 RA No. 9189 Sec. 5. Disqualifications. The following shall be disqualified from voting under this Act: 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

1987 Philippine Constitution ARTICLE V SUFFRAGE Section 1. Suffrage may be exercised by all 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. Section 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad. The Congress shall also design a procedure for the disabled and the illiterates to vote without the assistance of other persons. Until then, they shall be allowed to vote under existing laws and such rules as the Commission on Elections may promulgate to protect the secrecy of the ballot. Omnibus Election Code of the Philippines BP Blg. 881 Section 117. Qualifications of a voter. - Every citizen of the Philippines, not otherwise disqualified by law, eighteen years of age or over, who shall have resided in the Philippines for one year and in the city or municipality wherein he proposes to vote for at least six months immediately preceding the election, may be registered as a voter. 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

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. Outline Reviewer in Political Law Antonio B. Nachura | 2006 ed. CASES 1. OHARA v COMELEC 2. MAKALINTAL v COMELEC 3. ROMUALDEZ-MARCOS v COMELEC

II. THE COMMISSION ON ELECTIONS A. Qualifications of the Chairman and Commissioners B. Purpose C. Constitutional and Statutory Powers 1987 Philippine Constitution ARTICLE IX CONSTITUTIONAL COMMISSIONS C. THE COMMISSION ON ELECTIONS Section 1. 1. There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective positions in the immediately preceding elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years. 2. The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, three Members shall hold office for seven years, two Members for five years, and the last Members for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity. Section 2. The Commission on Elections shall exercise the following powers and functions: 1. Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall. 2. Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction. Decisions, final orders, or rulings of the Commission on

election contests involving elective municipal and barangay offices shall be final, executory, and not appealable. 3. Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters. 4. Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections. 5. Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government; and accredit citizens' arms of the Commission on Elections. Religious denominations and sects shall not be registered. Those which seek to achieve their goals through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or which are supported by any foreign government shall likewise be refused registration. Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to elections, constitute interference in national affairs, and, when accepted, shall be an additional ground for the cancellation of their registration with the Commission, in addition to other penalties that may be prescribed by law. 6. File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices. 7. Recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies. 8. Recommend to the President the removal of any officer or employee it has deputized, or the imposition of any other disciplinary action, for violation or disregard of, or disobedience

to, its directive, order, or decision. 9. Submit to the President and the Congress, a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall. Omnibus Election Code of the Philippines BP Blg. 881 Section 185. Sample official ballots. - The Commission shall provide the board of election inspectors with sample official ballots at the rate of thirty ballots per polling place. The sample official ballots shall be printed on colored paper, in all respects like the official ballots but bearing instead the words "Sample Official Ballot", to be shown to the public and used in demonstrating how to fill out and fold the official ballots properly. No name of any actual candidate shall be written on the spaces for voting on the sample official ballots provided by the Commission, nor shall they be used for voting. COMELEC Resolution No. 8747 Authority of COMELEC to appoint, fill-up positions and transfer or reassign its personnel in connection with the May 10, 2010 National and Local Elections WHEREAS, Section 261 (g), and (h) of the Omnibus Election Code of the Philippines provides that: "SEC. 261. Prohibited Acts. - The following shall be guilty of an election offense: "(g) Appointment of new employees, creation of new position, promotion, or giving salary increases. - During the period of forty-five (45) days before a regular election and thirty (30) days before a special election, (1) any head, official or appointing officer of a government office, agency or instrumentality, whether national or local, ,including government- owned or controlled corporations, who appoints or hires any new employee, whether provisional, temporary or casual, or creates and fills any new positions, except upon prior authority of the Commission. The Commission shall not grant the authority sought unless, it is satisfied that the office or agency concerned, and that the position shall not be filled in a manner that may influence the election. "As an exception to the foregoing provisions, a new employee may be appointed in case of urgent need: Provided, however, that notice of the

appointment shall be given to the Commission within three days from the date of appointment. Any appointment or hiring in violation of this provision shall be null and void. XXX XXX XXX

7166, and other election laws, RESOLVED, as it hereby RESOLVES, to promulgate the following guidelines in placing any political division, subdivision, unit or area under COMELEC CONTROL: Section I . Grounds for Comelec Control. - The Commission may place under its immediate and direct control and supervision, any political division, subdivision, unit or area affected by 'serious armed threats". The term 'serious armed threats" shall refer to the presence of paramilitary forces, private armies or identifiable armed bands widely perceived to have committed terrorism, fraud or other election irregularities and threaten or tend to disrupt the holding of free, peaceful, honest, orderly and credible elections in any political division, subdivision, unit or area. Sec. 2. Powers and functions of the Commission. - The authority shall be exercised by the Commission En banc as thecircumstances so warrant. In furtherance thereof, the Commission shall: a. Take immediate and direct control and supervision over all national and local officials and employees required by law to perform duties and/or comply with certain prohibitions relative to the conduct of the elections in the political division, subdivision, area or unit concerned; and b. Exercise full control and supervision over all national and local law enforcement agencies as well as military officers and men assigned or deployed in the political division, subdivision, unit or area concerned. For immediate and effective control of the political division, subdivision, unit or area concerned, the Commission shall exercise such authority where COMELEC control has been imposed. Sec. 3.Special Task Force. - To ensure the conduct of free, peaceful, orderly, honest and credible elections in each political subdivision, unit or area placed under COMELEC control, a Special Task Force shall be created. It shall be composed of a Commissioner designated by the Commission as Task Force Head, and as members, the Regional Election Director concerned, the highest-ranking official of the Philippine National Police (PNP) and the highest-ranking officer of the Armed Forces of the Philippines (AFP) assigned in the area. At the discretion of the Head of the Task Force or whenever required by the exigency, additional members who must be. lawyers of the Commission may be appointed to the Special Task Force.

"(h) Transfer of officers and employees in the civil service. - Any public official who mikes or causes any transfer or detail whatever of any officer or employee in the civil service including public school teachers within the election period, except upon approval of the Commission." XXX XXX XXX

WHEREAS, on December 29, 2009, the Commission promulgated Resolution No. 8737 to enforce effectively the foregoing prohibitions of Section 261 (g), and (h) of the Omnibus Election Code; WHEREAS, there is an essential need to appoint, assign, reassign or transfer Commission personnel during the prohibited period in order that it can effectively and efficiently carry out its constitutional mandate to conduct free, orderly, honest, peaceful and credible elections; NOW, THEREFORE, the Commission by virtue of the powers conferred upon by it by the Constitution, the Omnibus Election Code and other election laws, has RESOLVED, as it hereby RESOLVES, to authorize the appointment, hiring of new employees or filling of new positions, and transfer or assignment or reassignment of Commission personnej during the election period. COMELEC Resolution No. 8737 In the matter of enforcing the prohibitions against appointment or hiring of new employees, creating or filling of new positions, giving any salary increase or transferring or detailing any officer or employee in the Civil Service and suspension of elective local officials, in connection with the May 10, 2010 National and Local Elections COMELEC Resolution No. 8734 In the matter of placing some areas in the country under control in connection with the May 10, 2010 National and Local Elections The Commission on Elections, by virtue of the powers conferred upon it by the Constitution, the Omnibus Election Code, Republic Act No.

Sec. 4. Powers and Duties of the Special Task Force. - The Special Task Force shall have the following powers and duties: a. To supervise and control the administrative activities and transactions of local government units in the localities under the Comelec control and enforce therein strict compliance with the election bans and prohibitions under Section 261 of the Omnibus Election Code, particularly on, but not limited to, the disbursement of public funds, the construction of public works, movements of government personnel and non-intervention of civil service officials and employees as well as police and military officers and personnel; b. To oversee the effective and necessary distribution, assignment and deployment of officers and personnel of the PNP as well as officers and men of the AFP in the locality concerned, and place under its control their activities relative to the strict enforcement of the law on the firearms ban, security personnel of candidates and private citizens, the appointment or use of special policemen for election purposes and similar prohibitions under the pertinent provisions of Sec. 261 of the Omnibus Election Code and Sec, 32, Sec. 33 and Sec. 34 of Republic Act No. 7166; c. To augment the police force and assign additional military troops whenever necessary to quell any possible outbreak of violence and maintain peace and order in the locality concerned; d. When necessary, to substitute a whole unit of the police force assigned in the locality concerned with another police unit or with an adequate unit of the Armed Forces of the Philippines; e. To relieve any police or military officer or personnel who may be found unsuitable for continuance in his present assignment in the locality concerned, reassign or confine to quarters any such member of the police of military unit; f. To revoke all exemptions heretofore issued under the firearms ban to candidates and their bodyguards, and cancel all permits to carry firearms outside residence granted to residents of the political division, subdivision, unit or area concerned, as peace and order conditions in the locality demand; g. To act as law enforcement arm of the Commission in effecting and implementing its specific orders, rulings, resolutions and decisions;

h.To adopt appropriate measures to safeguard and ensure the holding of free, peaceful, orderly, honest and credible elections in the political division, subdivision, unit or area under Comelec control; and i. To submit periodic situation reports to the Commission through the most expeditious means. Except when prior approval or authority of the Commission En banc is required, the Special Task Force decisions and orders in connection herewith, shall be final and immediately executory, unless modified, reversed or revoked by the Commission En banc. Sec. 5. Support of the PNP and AFP Chiefs. - The PNP and the AFP are hereby directed to immediately provide personnel, equipment, vehicles and other transportation facilities as the Special Task Force may require. J Sec. 6. Duration of Comelec Control. - When a political division, subdivision, unit or area is placed under COMELEC control, such shall continue to be in full force and in effect until the end of the election period, unless sooner lifted by the Commission. Sec. 7 . Effectivity. - This Resolution shall take effect on the seventh day after its publication in two (2) daily newspapers of general circulation in the Philippines. Sec. 8. Dissemination. - The Education and Information Department shall cause the publication of this Resolution in two (2) daily newspapers of general circulation, and give this widest dissemination. CASES 1. ANTONIO v COMELEC 2. BILIWANG v COMELEC 3. RAMAS v COMELEC 4. PIMENTEL v COMELEC 5. MATIBAG v BENIPAYO 6. ANG BAGONG BAYANI-OFW v COMELEC 7. BAYTAN v COMELEC