officials for a definite and fixed period and to whom they entrust for the time being the exercise of the powers of the government. What are the means to choose officials? Either manual or automated system What is the basis for the phrase people choose their officials? It is based on the sovereign will or power of the people. What does the phrase definite and fixed period mean? It refers to the term of office, which means a fixed and definite period of time which the law describes that an officer may hold an office. It is the time during which an officer may claim to hold office as a matter of right, and fixes the interval after which the several incumbents shall succeed one another. How is election defined in its ordinary or common sense?
It is voting which includes the act of
receiving and casting the ballots, counting them and making the return.
How is election defined in the context of the
Constitution?
It refers to the conduct of polls including
registration, campaign, casting, counting and canvassing of votes.
How is this illustrated in the case of Taule v.
Santos? Facts: The secretary of Local Govt nullified the election of federation officers on ground of irregularity. It was argued that jurisdiction over election contests involving election of federation officers belong to Comelec. Held: The jurisdiction of the Comelec is limited to popular election only, which is the embodiment of the popular will, the expression of the sovereign power of the people. It involves the choice or selection of candidates to public office by popular vote as opposed to election of federation officers. In Constitutional context, it is the conduct of polls, including registration, campaign, casting, counting and canvassing of votes. None of these characterizes the federation election.
How is this illustrated in the case of Javier
v. Comelec? Facts: Javier challenged the proclamation of Pacificador by the Comelec Second Division on the ground that it should be done by the en banc pursuant to the Constitution. Pacificador argued that at the time the complaint was filed, it was still in the nature of a pre-proclamation controversy hence may be resolved by a division in the exercise of its administrative power to enforce election laws relative to election, return and qualifications. Held: Under the Constitution, the term election should be interpreted in its totality, that it refers to the conduct of the polls, registration of voters, campaign, and the casting and counting of votes. In making the Comelec the sole judge of all contests involving the election , returns and qualifications of Members of Congress, the Constitution intended to give it full authority to hear and decide these cases from beginning to end and on all related matters, including those arising before the proclamation of winners. What is the purpose of elections as enunciated in Lino Luna v. Rodriguez? The purpose of elections in a democratic society is to give the voters a direct participation in the affairs of the government, either in determining who shall be their public officials or in deciding some question of public interest; and for that purpose all of the legal voters should be permitted, unhampered and unmolested, to cast their ballot. How is the purpose of elections laws illustrated in Rulloda v. Comelec? Facts: A widow substituted her deceased husband as candidate for punong barangay and obtained the highest number of votes. But it was voided because substitution is not allowed in barangay elections, it being non-partisan. As such, there is no political party from which a substitute is designated. Helds:The absence of provision for substitution in barangay elections does not mean it is prohibited. Such interpretation ignores the purpose of election laws which is to give effect to, rather than frustrate, the will of the voters. How are election laws construed? Facts: A candidate for governor was disqualified because he did not reacquire his Filipino citizenship at the time he filed his COC and at the time of election.
Held: Citizenship need not be possessed at the
time of filing of COC or election, but must be at the start of term. In case of doubt, election laws are liberally and equitably construed in favour of the sovereign will. In applying election laws, it would be far better to err in favour of popular sovereignty than to be right in complex but little understood legalisms. (Frivaldo v. Comelec) Facts: The proclamation of a mayor was nullified by the lower court on account that he won through significant badges of fraud like mismatch of keys to the padlocks, empty ballot boxes, boxes with election returns, delay in counting due to brownout, absence of watchers during counting. Held: These did not affect the integrity of the ballots. Election contests involve public interest and technicalities should not impede the determination of the rue will of the people. (Carlos v. Angeles) What are the kinds of election? Regular election refers to one provided by law on sych dates are regular intervals for the election of officers either nationwide or in certain subdivisions. Special election refers to one held to fill a vacancy before the expiration of the full term for which the incumbent was elected. It is also held when there is failure of election. Is the SK election regular or special? Neither, based on the definition of a regular and special election. How is this answered in the case of Paras v. Comelec? Facts: A punong barangay was subject of a recall election that was scheduled within a year prior to the SK election, which also falls on the 2nd year of the term of office of local elective officials. Section 74 of the LGC prohibits recall election within a year from assumption of office and within a year immediately preceeding the next regular local election. Held: If the SK election was a regular election, there would be no more recall election because it always falls within the second year of term of office, the only time when a recall election is allowed. Thus, the next regular election must refer to one where the office of the official sought to be recalled is contested. The SK election is not a regular election because its members do not even possess suffrage under the Constitution. The SK is nothing more than a youth organization. Its elected officers are not one of those
enumerated as elective local officials under the
law. What are the requisites of special election after failure of election in Lucero v. Comelec? Facts: Two candidates for district representative were separated by a mere 175 votes. But no election was done in one polling place with 213 voters due to ballot snatching. But the leading candidate questioned the authority of the Comelec to call for a special election after almost two years. Held: There are 2 requisites for holding a special election: a. There is failure of election. b. Such failure affects the results of the election Since only 175 votes separate them, the 213 votes in the polling place where election failed could still affect the results of the election. Hence, it is still statistically probable for the special election to affect or change the final result of the election. The delay is not attributable to the voters of the polling place where election failed but to the legal manoeuvres of parties. What are the systems of election? a. Manual system of election b. Automated Election System (AES) How did Loong v. Comelec answer whether there can be manual count during automated election? Facts: During the first automated election in ARMM, the counting machines in the Province of Sulu could not accurately read the official ballots because the ovals opposite the names of candidates were misaligned. In 5 municipalities, the official ballots were rejected because of incorrect sequence codes. Thus, Comelec ordered a manual count which was opposed on the ground that under the automation law, automated counting is mandatory. The remedy is not manual count but replacement of defective counting machines. Held: Manual counting during the automated election is not prohibited by law. The Constitutional grant of the power to enforce and administer all laws and regulations relative to the conduct of election is so borad as to cover all the necessary and incidental powers for it to achieve the objective of holding a free, orderly, honest, peaceful, and credible elections.
What is the Constitutional bases for
election? Article II, Section 1, 1987 Constitution The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanation from them. Who are elective officials? 1 President 1 VP 12 Senators 1 House of Representative per legislative district 1 Governor per province 1 Vice-governor per province 1 ARMM Governor 1 ARMM Vice-governor 3 ARMM Assemblymen per assembly district 1 Mayor per city and municipality 1 Vice-mayor per city and municipality 12/10/8 SP Members per city* 8 SB Members per municipality * 1 Punong Barangay per barangay 7 Barangay Kagawad per barangay 1 SK Chair per barangay 7 SK Councilors per barangay Is there a Cordillera Autonomous Region according to Ordillo v. Comelec? Facts: In a plebiscite, the people of the Cordillera region rejected autonomy, except the Province of Ifugao. Thus, the Comelec resolved that it now compose the Cordillera Autonomous Region. Held: A sole province cannot constitute an autonomous region which should be interpreted in its common use and ordinary meaning, which presupposes two or more provinces as shown in the 13 regions composed of contiguous provinces into which the country is divided for administrative purposes. How is the President elected? How long is his term of office and is there a limit to it? Art VII, Section 4(1), 1987 Constitution The President and Vice-president shall be elected by direct vote of the people for a term of 6 years which shall begin at noon on the 30th day of June next following the day of the election and shall end at noon of the same date 6 years thereafter. The President shall not be eligible for any reelection. No person who has succeeded as President and has served as such for more than 4 years shall be qualified for election to the same office at any time.
What does the phrase direct vote mean?
It means the President is elected by popular vote of the people for a term of 6 years. How is it different from the election of President and Vice-president in the US? Americans do not directly elect their president and VP. Technically, they pick electors in an Electoral College. 538 Electoral College votes are distributed among the 50 states and the District of Columbia. Each state along with DC has a minimum of 3 Electoral College votes. It increments depending on the population according to the census. (Guys tanawa nalang ni sa pic sa slide. Kapoya btaw ug type about sa US haha sorry thanks.) What does the sentence The President shall not be eligible for any reelection mean? It means the presidency is a once in a lifetime opportunity. He cannot be reelected either immediately after his term of office or after an interval of two or more terms. But why was Joseph Estrada allowed to run in 2010 after having been elected in 1998? The Comelec said that the provision applies to incumbent presidents only. It said the better policy approach is to let the people decide who the next president is. For on political questions, this court may err but the sovereign people will not. What did the SC say in Pormento v. Estrada? It declined to exercise its power of judicial review. Since Estrada already lost in the elections, the issue of whethere he can still run has become moot and academic. It is no longer justiciable. What is the difference of effects of succession on term limit between the VP and the Vice Mayor enunciated in Borja v. Comelec? Facts: A vice mayor succeeded the mayor who died. He was elected mayor twice in a row. He ran again as mayor but was opposed on the ground that he already served 3 consecutive terms as mayor. Art VII Sec 4 provides for succession of the VP as President in the event of vacancy where it says the President shall not be eligible for any reelection. Then it says that No person who has succeeded as President and has served as such for more than 4 years shall be qualified for election to the same office at any time. By analogy, the vice-mayor should likewise be
considered to have served a full term as mayor of
he succeeds to the latters office and serves for the remainder of the term. The framers of the Constitution included such a provision because, without it, the Vice-President, who simply steps into the Presidency by succession would be qualified to run for President even of he has occupied that office for more than 4 years. Held: The absence of a similar provision in Art X, Section 8 on elective local officials throws in bold relief the difference between the 2 cases. It underscored the constitutional intent to cover only the terms of office to which one may have been elected for purpose of the 3-term limit on local elective officials, disregarding for this purpose service by automatic succession. The VP is elected primarily to succeed the President in the event of the latters death, permanent disability, removal or resignation. While he may be appointed to the cabinet, his becoming so is entirely dependent on the good graces of the President. In running for VP, he may thus be said to also seek the Presidency. For their part, the electors likewise choose as VP the candidate who they think can fill the Presidency in the event it becomes vacant. Hence, service in the presidency for more than 4 years may rightly be considered as service for a full term.
What is the term limit for the VicePresident?
Art VII Sec 4 Par 2 Constitution No Vice-President shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected. How is voluntary renunciation defined in Aldovino v. Comelec? It is an act of surrender based on the free will or loss of title to office by free choice. It is an act of abandonment that emanated from the author. Does preventive suspension interrupt the term of office? No. Preventive suspension does involve loss of title to office hence it cannot interrupt the term of office. How do you illustrate the sentence No person who has succeeded as President and has served as such for more than 4 years shall be qualified for election to the same office at any time?
This is not so in the case of the Vice
mayor. Under the LGC, he is the Presiding Officer of the sanggunian and he appoints all officials and employees of such local assembly. He has distinct powers and functions, succession to mayorship in the event of vacancy therein being only one of them. It cannot be said of him, as much as of the CP in the event of a vacancy in the Presidency, that in running for vice-mayor, he also seeks mayorship. His assumption of the mayorship in the event of vacancy is more a matter of chance than of design. Hence, his service in that office should not be counted in this application of any term limit.
Joseph Estrada assumed the presidency on June
30, 1998. But he was forced by People Power II to step down on January 20, 2001. Thus, he served for only 2 years and 6 months, leaving a balance of 3 years and 6 months from his 6-year term as president.
Succession of the VP to the presidency for
more than 4 years is counted as one term whereas succession of the Vice-mayor to the mayorship is not counted as one term for the purpose of determining term limit.
Art VII, Section 2, 1987 Constitution
How is the VP elected, how long is his term
of office and what are his qualifications? Art VII Section3, 1987 Constitution There shall be a Vice-President who shall have the same qualifications and term of office and be elected with and the same manner as the President. He may be removed from office in the same manner as the President.
Gloria Arroyo succeeded and served for 3 years
and 6 months. Since she did not serve for more than 4 years, she was able to run and win the presidency in 2004. What are the qualifications of the President?
No person may be elected President unless he is
a natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on the day of the election, and a resident of the Philippines for at least ten years immediately preceding such election. Who is a natural-born citizen of the Philippines? Natural Born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their PH citizenship.
Is this rule absolute?
No, because it may be done through election. Article IV, Section 2, 1987 Constitution Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens. Article IV, Section 1 (3), Consti (3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and How is this illustrated in Fornier v. Comelec? Facts: FPJ ran for President but he was sought to be disqualified because he is not a natural born Filipino, his parents are both foreigners. His father could not be Filipino because his grandfather was a Spanish subject. Even if his father was a Filipino, he could not have transmitted his Filipino citizenship to his son FPJ because the latter is illegitimate. Held: The grandfather would have benefited from the en masse Filipinization that the Philippine Bill had effected in 1902. Having acquired Filipino citizenship, the grandfather extended it to his son, who is the father of FPJ. Since FPJ has first seen light under the 1935 Constitution which confers citizenship to all persons whose father are Filipino citizens regardless of whether such children are legitimate or illegitimate, he is a natural-born Filipino because he did not need to perform any act to acquire or perfect his Filipino citizenship. How is residence treated under election laws? Residence is synonymous with domicile. Imelda Marcos v. Comelec Facts: A candidate for district representative wrote in her COC 7 months as her period of residence in the constituency where she seeks to be elected preceding the election. She was sought to be disqualified for failure to comply
with the one-year residency requirement because
she briefly stayed in the constituency and resided and even voted in different places for four decades. Held: It is the fact of residence, not a statement in the COC that is decisive whether an individual satisfies the residency requirement. Domicile means the individuals permanent home, a place to which whenever absent for business or pleasure, one intends to return. An individual does not lose her domicile even if he has maintained several residences for different purposes over a long period of time. If none of these purposes point unequivocally to an intention to abandon her domicile of origin, she retains it. Domino v. Comelec Facts: A candidate for district representative was disqualified because he fell short of the 1 year residency requirement. But he argued that he has been a resident of the district for more than 1 year as evidenced by the house and lot he leased and later purchased plus the affidavits of neighbours attesting to his physical presence in the place. Held: Mere lease or purchase of a house and lot may indicate intention to change domicile but it does not engender the kind of permanency required to prove abandonment of the previous domicile. When is domicile of origin considered abandoned in favour of domicile of choice? When these requisites concur: a. Residence or bodily presence in the new locality b. Intention to remain there or animus manendi c. Intention to abandon the old domicile or animus non revertendi (Romualdez v. RTC) What is the rationale for residence requirement enunciated in Torayno v. Comelec? Facts; A governor served for 3 consecutive terms. But prior to the end of the 3rd term, he transferred voters registration in the city.