Escolar Documentos
Profissional Documentos
Cultura Documentos
ELECTION LAWS
Election
Components:
Listing of votes
Political Parties
3.
4.
2) Non-registered parties
Criteria to Determine the Type of Political
Party
1.
Established Record of the said parties,
showing in past elections
2.
Number of Incumbent Elective Officials
3.
Identifiable political organizations and
strengths
4.
Ability to fill a complete slate of
candidates
5.
Other analogous circumstances
Grounds for Challenging the Voter
1.
Illegal voters ( Not Registered / Using
the name of another / disqualified )
2.
Based on certain illegal acts (Vote
buying)
Acquisition of Juridical Personality
It is acquired upon registration with the
COMELEC.
Forfeiture of Status as a Registered Political
Party
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.
Nuisance candidate
Violation of sec 73 of OEC with regard
to certificate of candidacy
3.
Violation of sec 78 which is material
misrepresentation of reqts under sec.
74.
2.
3.
4.
5.
Republic
6.
2.
Nuisance Candidates
A. The term 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.
B. Power of COMELEC
1.
coalition of parties.
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)
Letters
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
Rally streamers (3 x 8) NOT MORE THAN 2
Paid Advertisements at Discounted Rates
Print : 1/4th page in broadsheet and page in
tabloid 3x a week
Voters
Qualifications
1.
B. Educational activities
election
have?
A: Continuing, Computerized and Permanent
Disqualifications
Deactivation/ Reactivation
Exclusion/ Inclusion
New voters
Transfer of Residence
representative
Effect
Affidavit
Postponement of Election
Causes
Violence
Terrorism
Failure of Election
Causes
Force majeure
Violence
Terrorism
Fraud
Other analogous causes
election
1.
2.
3.
4.
5.
6.
7.
8.
3 seats
Currently, there are 260 seats. So 20 %
Pre-Proclamation Controversies
Definition
1.
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
Issues that may be raised in a pre-proclamation
controversy
1.
Procedure
A. Contested composition or proceedings of
the board (under RA 7166)
It may be initiated in the board or directly
with COMELEC.
7166)
COMELEC.
1.
President
Vice-President
Senator
Member of the House of
Representatives
Election Contest
Original Jurisdiction
Regional
Provincial
City officials
Appellate Jurisdiction
judicial process
3)
made.
A. Covered acts
2) Jurisdiction
A. Pre-proclamation controversy
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.
head/official/appointing officer of a
government office, agency or
B. Prohibited acts
1.Appointing or hiring a new employee
(provisional, temporary or casual)
2.Creating or filling any new position
of
2.
3.
4.
5.
6.
7.
1.
1.
Source:
Election Law Reviewer and Memory Aid
Ateneo