Article 8

60 Political Parties
-

A political party means an organized group of

persons pursuing the same ideology, political
ideas, or platforms of government and
includes it branches and divisions
A political party must first be registered with
the Commission

61 Registration
- No religious sect shall be registered as a
political party and no political party which
seeks to achieve its goal through violence
shall be entitled accreditation
62. Publication of petition for registration
-

Publication in at least three newspapers of

general circulation
Evident purpose of the law is to foster and
encourage the formation of political parties
inspired by high political ideas in the
government.
Financial contributions from foreign govt and
their agencies to political parties is a ground
for disqualification or cancellation of
registration

Article 9
ELIGIBILITY OF CANDIDATES AND CERTIFICATE OF
CANDIDACY
63 Qualifications for President and VP

Natural born
Citizen of the PH
Registered voter
Literate
40 years old
At least 10 years resident of PH before election

64 Qualifications for members of Congress

*Provincial or District representative
Natural born citizen
25 years old
Able to read and write
Registered voter
Resident of the locality of not less than 6
months
*Sectoral Representative

Natborn
Able to read and wriote
Resident of the PH for not less than 1
year

c. Resident for atleast 1 year

d. Able to read and write
e. For Gov, VGov, Sanguniang Panlalawigan
23 years old
-Mayor, Vice mayor 21 years old
-sanguniang panglungsod or bayan 18
years old
-sanguniang barangay at least 18
-SK at least 18 but not more than 21

Bona fide member of sector he wishes to

represent
Registered voter
25 years old

*Youth Sectoral Representative

Should be atleast 18 but not more than

25

Residence
-

Domicile : ones permanent home, one where

he intends to return whenever absent for
business or pleasure, it includes the twin
elements of the fact of residing or physical
presence in a fixed place, and the intention
of returning there permanently
When there is a mere honest mistake on the
period of residence of a candidate, and he
can rebut it with strong evidence, then there
is no ground for disqualification. The
residence only becomes material when there
is an intent to mislead, misinform, or hide a
fact which would otherwise render a
candidate ineligible

65 Qualifications for local officials

a. Citizen of the Philippines (pwedeng
naturalized)
b. Registered voter

Disqualifications
a. Sentenced of moral turpitude or for an offense
punishable by one year or more of
imprisonment
b. Those removed from office as a result of
administrative case
c. Violation of allegiance to the republic
d. Dual citizen
e. Fugitives
f. Permanent residents of other countries
g. Insane or feeble minded
Power of congress to formulate additional
qualifications
-

Laws prescribing qualifications and

disqualifications shall be construed in favor
of eligibility.
Where a candidate has received popular
mandate, overwhelmingly and clearly
expressed, all possible doubts should be
resolved in favor of the candidates

eligibility, for to rule otherwise is to defeat

the will of the people
Qualifications for elective office are
continuing requirements, such as when an
incumbent loses his citizenship, his office is
deemed forfeited.

Dual Allegiance
-

Sec. 40, RA 7160, LCG of 1991

Disqualified to run for any elective local
position, those with dual citizenship = dual
allegiance, they have to renounce

The forfeiture is automatic and permanent,

hence the withdrawal of the certificate of
candidacy, with the approval of the
Commission on Elections, will not work to
reinstate him to his former position
Automatic and irrevocable

67 Automatic resignations of elective officials upon

filing of candidacy

Dual Citizenship
1. Born in the US of Filipino parents
2. Fili-Mothers and Jap-Fathers, Both by blood
3. Those who take the nationality of who they
married, Dual, unless they renounced Philippine
Citizenship
RA 9225
-

Natural-Born Citizenship by Reason of their

naturalization as citizens of a foreign country
are hereby deemed to have re-acquired
Philippine Citizen upon taking otah of
allegiance to the republic of the Philippines

66 Automatic resignations upon filing certificate of

candidacy

68 Disqualifications
a. Vote-buying or Bribery to public officials of
electoral functions
b. Committed acts of terrorism to enhance his
candidacy
c. spent more than the allowed amount for
campaign
d. solicited, received, or made any contribution
prohibited under sections 89, 95, 96, 97 and 104
OEC and 261, paragraphs d, e, k, v, and cc, sub
paragraph 6
80 Campaign outside election period
83 no defacement of lawful propaganda

85 no prohibited forms of propaganda

86 regulation of election propaganda to mass media

261d coercion of subordinates
261e Intimadation, Stealth, Threat, Strategy
261k Unlawful electioneering
161v no use of public funds
261cc solicitation on day of election

69 Nuisance candidates
-

e. If no citizenship, or not having Ph Citizenship

f. Green card holder(entitles him to stay
permanently [US]), unless waived immigrant
status
g. Insane/incompetent
Election Disputes, Generally
1. Pre-election Dispute Petition for
Disqualification, or nuisance candidate
2. Pre-proclamation Disputes
3. Post-election disputes Quo warranto,
Prosecution for election official
68 due process requirement
-

The incumbency in office is a property right,

therefore cannot be arbitrarily deprived of
The mere filing of petition for disq is not
ground to suspend the proclamation of the
winning candidate, hence, if not final DISQ
then votes shall be counted in.

However, where the parties agreed to submit

the petition for disqualification for resolution
on the basis of pleadings and affidavits, the
Commissions deciding the case without any
further hearing does not violate due process
clause of the Constitution.

It has been held that a nuisance candidate is

one whose certificate of candidacy is
rpesented and filed to cause confusion
among the electorate by similarity of the
names of the registered candidates, or by
other names which demonstrate that the
candidate has no bona fide intention to run.

70 Guest candidacy
-

A political party may nominate and/or

support candidates not belonging to it

71 Changing political party affiliation

-

Change one year before election, modified

ba pala ng 1987 cons, a free and open party
system shall be allowed to evolve according
to the free choice of the people

72 Effects of disqualification cases

Before completion of canvass, his votes may

still be counted, but if evidence of guilt is
strong, his proclamation shall be suspended
notwithstanding the fact that he received the
winning number of votes
The jurisdiction of Comelec to disqualify
candidates is limited to those enumerated in
Sec. 68 of OEC, all other election offenses
are beyond the jurisdiction of the
commission.

Petition
Before election Pwede I hear yan, pag unresolved pa
tuloy lang, sa congressional/senatorial which shall
commence 10 days after proclamation
-Comelec no jurisidiction to hear nullity of
proclamation
After election, before proclamation Dismiss by
Comelec, but can be referred to their law department
for determination of prima facie, of strong, suspend
proclamation
After Proclamation dismiss outrightly, post-election,
quo warranto and election protest na lang pwede.
-

If a decision of proclamation is still

challenged in COMELEC en banc via Motion
for reconsideration, HRET (or other electoral
tribunal) still has no jurisdiction over the
eligibility or disqualification of the

congressmen, proclamation was not yet final,

kasi challenged.
Quo warranto question the eligibility or disloyalty to
represent the Philippines

Candidate who placed second is not entitled to be

declared elected
when a candidate has not yet been considered
stray or disqualified by final judgment during the
elction day and was voted for, the votes cast in his
favor cannot be declared stray. To do so would
amount to disenfranchise the electorate in whom
sovereignty resides
the wreath of victory cannot be transferred from the
disqualified winner to the repudiated loser ( Domino vs
Comelec)

73 Certificate of candidacy
-

Mandatory. A person who runs for an elective

office but did not file a certificate of
candidacy at all is not a candidate. And a
certificate of candidacy filed out of time or
beyond the period fixed by law is void, and

the person who filed it is not, in law, a

candidate.
-

The evident purpose of the law is

a. To enable voters to know the
candidates before the election
b. To avoid confusion and inconvenience
in the tabulation of votes cast

No person shall be eligible for any election

unless he files a sworn certificate of
candidacy within fixed period
One office lang, declare under oath
May withdraw the same
Formal defects may be cured by
amendments, after deadline but before the
election

74 Contents of certificate of candidacy

Candidacy for office

The he is eligible
Sector which he seeks to represent
His political party
Civil status
His date of birth
Residence/post address
Profession/occupation
Oath of allegiance
Not a citizen of another country
Voluntary assumption of obligation
Without mental reservation
Attested by him

Name by which he is baptized/nickname

Latest photograph
Defects in the certificate should have been
questioned before election, hence cannot
invalidate proclamation due to such.
Mere technicality, the will of the people can
not be defeated by the non-sworn certificate
of candidacy

75 Filing and distribution of certificate of candidacy

-

The certificates of candidacy for President

and VP shall be filed in twelve legible copes
with the Commission

76 ministerial duty of receiving certificate

77 candidates in case of death, disqualification,
withdrawal
-

A person who has filed candidacy may still

withdraw such
Needs to be sworn to, filed sa office
An attempt to withdraw the withdrawal
For substitution to take place, the withdrawal
must be effected after the last day for the
filing of certificate of candidacy
Last hour of last day considered as valid
withdrawal for substitution
If withdrawn tanggal na talaga
Kahit mag file ng review for disqualification,
if substitution is effective, di na sya
makakabalilk, he is no longer a candidate

Substitution of candidacy
-

Last day of filing candidacy

Official candidate dies, withdraws,
disqualified
May be substituted only by a person
belonging to certified by the same political
party
Independent candidate may be replaced by
an affiliate as party member of a political
party

78 petition to cancel candidacy

-

i.

ii.

iii.

May be filed within 25 days from filing of

COC decided not later than 15 days before
election.
Sd
Sec. 78. Ground to deny due course to or to
cancel coc is that any material
representation is false.
Material representation refers to qualification
for elective office; age, residence,
citizenship, registered voter, etc.
A false representation must consist of a
deliberate attempt to mislead, confuse,
misinform
With intention to deceive

Remedies against an ineligible candidate

File a petition under sec. 78 of OEC to

comelec
If congressional
Before proclamation
a. Reiterate prayer for petition for
disqualification
b. Move issuance by Comelec of a
suspension of proclamation
c. If denied, certiorari by SC
After proclamation
a. Quo warranto proceeding in HRET, 10
days after proclamation

it has been held that where ta candidate has received

popular mandate, overwhelmingly and clearly, all
possible doubts should be resolved in favor of the
candidates eligibility, for to rule otherwise is to defeat
the will of the people, this is the essence of
democracy
Quo warranto, within 10 days of proclamation
RTC: Regional, Provincial
MTC:Municipal, Baranggay
ET: Congressional, Senatorial, Presidential
(however, when the ground alleged is that the
candidate or the elected official is an alien, the petition
may be filed even after stated period)

Article 10
CAMPAIGN AND ELECTION PROPAGANDA
79 Definition of terms
Candidate any person seeking an elective office, who
filed a COC by himself or through a political party
Election campaign an act designed to promote the
election or defeat of a particular candidate
a. Forming organizations, associations, clubs, for
the purpose of soliciting votes
b. Holding political caucuses, meetings, rally,
parades
c. Making speeches, announcements,
commentaries
d. Publishing or distributing campaign literature or
materials designed to support the candidate
e. Directly or indirectly soliciting of votes
80 election campaign.
-

Unlawful for any person to campaign, outside

of campaign period

81 intervention of foreigners
-

It shall be unlawful for foreigners to take

part, directly or indirectly, in any election or
to make expenditure with any election
campaign or partisan political activity

82 lawful election propaganda

a. Pamphlets, leaflets, cards, decals, printed
materials of a size not more than eight and onehalf inches in width and fourteen inches in
length;
b. Handwritten or printed letters urging voters to
vote for or against any particular candidate
c. Cloth, paper, cardboard posters, streamers shall
be removed after 72 hours of said meeting or
rally
d. All other forms of election propaganda not
prohibited by this code as the commission may
authorize after due notice to all interested
parties and hearing where all the interested
parties were given an equal opportunity to be
heard
83 Removal, destruction of lawful propaganda
prohibited
-

Defacement of lawful propaganda

84requirements for election propaganda

-

Kahit saang paper, kailgnang may paid for

by followed by the correct and true name of
the payor and printed by the true and
correct name and address of the printer

85 prohibited forms of propaganda

a. To print, publish, post, distribute any poster, to

vote for or against any candidate, without
including the payor of and printed by
b. To erect, put up, make use of, attach, float or
display any billboard
c. To distribute fans, pens, flashlights, yung mga
pnamimigay nila tuwing election
d. To show, display publicly any advertisement or
propaganda for or against any candidate by
means of cinematography, audio-visual, except
telecasts
e. For radio broadcasting or television, give free of
charge air time for campaign and other political
purposes
f. Prohibited to draw, paint, inscribe, write, post,
display, other than common poster areas,
provided that such posters does not exceed two
(2) feet by three (3), provided further that rally,
streamers shall not be more than two (2) and
not exceeding three(3) feet by eight (8) which
may be displayed five(5) days before the date of
the meeting or rally, and removed 24 hours
after such
g. Making use of mass media to sell or give free of
charge print space of air time for campaign opr
other political purposes except as provided
under 90 92 of OEC
86 regulation of election propaganda
-

The Commission shall regulate the sale of air

time for campaign purposes during the
campaign period to insure that equal time as

to duration and quality is available to all

candidates for the same office or they are
given the same rates
All contracts for advertising in any kind of
multimedia shall be signed by the candidate
concerned or by the duly authorized
representative of the political party
No franchise permit shall be granted or
issued, suspended or cancelled during the
election period
No radio or tv shall give free of charge equal
time and prominence to an accredited
political party
In all instances, the Com shall supervise the
use and employment of all facilities so as to
give the candidate equal opportunities under
equal circumstances to make known their
qualifications and their stand on public
issues
R&R promulgated shall take effect on the
seventh day after their publication in at least
two daily newpapers of general circulation.

87 rallies, meetings, and other political activities

-

Holding up rallies and meeting and other

political activities is lawful, provided that it
must have been in writing and received and
of which shall be immediately posted on a
conspicuous place in the city, or municipal
building, and that the denial of such lawful
application is appealable to election
supervisor

88 public rally
-

Shall notify the election registrar if a political

party intends to organized and hold in the
city or municipality a public rally

89 transpo, food, and drinks

-

It shall be unlawful for any candidate to

accept or give, directly or indirectly, free of
charge, transportation, food, drinks, or things
of value during the five hours before and
after a public meeting, preceding and on the
day of election,

90 COMELEC space
-

At least one news paper of general

circulation shall procure space for
comelec/for the candidates to announce their
candidacy, said space shall be allocated, free
of charge, equally and impartially by the
Commission

COMELEC cannot take space without compensation

-

PPPI vs Comelec, eminent domain

The req for a lawful taking of private
property for public use: for public use, there
is a private property, the necessity for the
taking, the legal authority to effect taking,
the payment of just compensation.

91 COMELEC poster area

There is a designated area for posting of a

common poster, free of charge, equally and
impartially, by the Commission among all the
candidates concerned

92 COMELEC time.
-

Allocated equally and impartially among

candidates, for air time on a radio or TV

93 COMELEC information bulletin

-

Shall cause printing, and supervise

dissemination of bulletins of picture, biodata, and program of government of every
candidate

Article 11
ELECTORAL CONTRIBUTIONS AND EXPENDITURES
94 definition of terms
Contribution gift, donation, subscription, loan,
advance, or deposit of money or anything of value,
contract, promise or agreement of contribution for the
purposes of influencing the results of the election
Expenditure payment, delivery of money, or anything
of value, for the purpose of influencing results of the
election

95 prohibited contributions
-

a.

b.
c.

d.

e.

f.

g.
h.

No contribution for purposes of partisan

political activity shall be made directly or
indirectly by
Public or private financial institutions. Provided,
however, that it shall not prevent the loan of a
political party or private individual, and that the
loan is made in accordance with laws and
regulations in the ordinary course of law
Natural and juridical persons with power to
exploit natural resources of the nation
Natural and juridical persons with power to
perform servives or construction for the
government
Natural and juridical persons who have been
granted franchise, incentives, exemptions,
allocations, or similar privileges
Natural and juridical persons who have been
granted loan in excess of P100,000.00 by the
government, within one year prior to the date of
the election
Educational institutions which have received
grants of public funds amounting to no less than
100,000.00
Officials of AFP or those in the Civil Service
Foreigners and Foreign Corporations

96 Soliciting and receiving contributions

97 prohibited raising of funds

Kung ano anong pakulo para maka kita ng

income for election campaign

98 true name of contributor required

100 Limitations on expenses of candidates
-no candidate shall spend more than
_____________
102 Lawful expenditures
-

No candidate shall, directly or indirectly,

make expenditures except for the following
purposes
a. For travelling expenses of candidates
and personal expenses
b. For compensation of campaigners,
clerks
c. For telegraph and telephone tolls
d. For printing and distribution of printed
matters
e. For employment of watchers
f. For rent, maintenance and furnishing
of campaign headquarters
g. For political meeting and rallies; sound
systems, lights, decorations
h. For newspaper
i. For employment of counsel
j. For copying and classifying list of
voters
k. For printing sample ballots

103 persons authorized to incur expenditures

No other else than the candidate, treasurer,

or authorized personnel of the candidate
The authority to incur expenditures shall be
in writing, copy furnished the COMELEC and
signed by the candidate

104 prohibited donations

-

Bawal mag donate ang candidate, or his

spouse or relatives, or even political party of
candidate, applies to treasurer or authorized
agent

108 place for filing statements

-

109 forms and contents of statement

-

105 accounting by agents or treasurers

-

Dapat on the will of the candidate makapag

present ng detailed account of the incurred
expenditures

106 records of contributions and expenditure

-

It shall be the duty of the candidate, agent,

or treasurer to issue a receipt for every
contribution and expenditures made and
received.

107 statement of contributions and expenditures

-

Every candidate, agent, treasurer of the

political party shall, not later than seven
days, or earlier than ten days before the day
of election, file in duplicate with the office,
statement of all contributions and
expenditures in connection with the election

Presidential = Commission
Congressional, as well as those for provincial
election = regional election director
Provincial offices = provincial election
supervisor
CMB offices = election registrar concerned

In writing, subscribed and sworn to, and shall

set forth in detail:
a. The amount of the contribution, date
of receipt, and full name and address
of the person who contributed
b. The amount of every expenditure, full
name and add of who was paid,
purpose of such
c. Any unpaid obligations, its nature and
amount, and to whom
d. Such other particulars by the
COMELEC

Article 12
REGISTRATION OF VOTERS
113 permanent list of voters
-

The list of voters prepared and used in the

election of members of batasang pambansa
on May 14, 1984 shall constitute the
permanent list of voters

114 renewal of permanent list

-

Renewed every twelve years thereafter

115 necessity of registration

-

No voter may be qualified unless registered

in the permanent list of voters for the city

117 qualifications of a voter

a. 18 years and over, or atleast will turn 18 on or
before the election day
b. Resided in the PH for atleast 1 year, and in the
locality for atleast 6 months

Any person who transfers residence to

another city, solely by reason of his
occupation, educational activities, or military
or naval services, shall not be deemed to
have lost his original residence

c. Insane or incompetent, unless subsequently

declared by proper authority of otherwise
119 preparation of perma list of voters
-

122 transfer of names of voters from permanent to

current one
123. cancellation and exclusions in transfer of names
-

Exclude those who applied for cancellation,

who died, who did not vote for 2 regular
elections, those excluded by court, those
disqualified

124. meeting to close list of voters

-

118 disqualification
a. Any person who is suffered to imprisonment for
not less than 1 year, can reacquire right to vote
after five (5) years after service of sentence
b. Any person convicted of sedition, rebellion,
insurrection, violation of firearms law or any
crime against national security, can reacquire
same top

Shall hold four meetings on the seventh

Saturday, seventh Sunday, sixth Saturday,
sixth Sunday preceding the date of election.

Shall meet on second Saturday preceding the

day of regular election
Should the board fail to include list of voters,
the person, upon presentation of a certified
copy of the order of inclusion and upon
proper identification, be allowed by the
board to vote
Should the board fail to exclude, the person,
shall not be permitted to vote upon
presentation to him by any interested party
of a certified copy of order of exclusion

125. re-registration

For those who transferred residence to

another city
For those disqualification has been lifted
For those who has not voted for 2
consecutive regular elections

126 Registration of voters

-

The voters affidavit shall contain the following

information:
a. Complete name
b. Date and place of birth
c. Citizenship
d. Period of residence in the PH and in the
locality
e. Exact address
f. Statement that he has not yet been
previously registered
g. Such other info that the COMELEC may
require
The oath of the applicant shall also contain
three specimens of the applicants signature and
clear and legible prints of his left and right
thumbmarks
Shall also include that he does not have any
disqualifications of a voter

If the voters identity is challenged on election

day, and cannot present his voters ID, his
identity may be established by the specimen
signatures, photographs or fingerprints

130 provincial central file of registered voters

-

There shall be a central file of registered voters

containing duplicate of all approved voters
affidavits in each city and muni, the applications
shall be compiled alphabetically by precincts

131 national central file

-

Compilation of all provincial central file of

registered voters

132 preservation of voters affidavit

-

There shall be four copies, one for the election

registrar, one for the election supervisor, one for
the Commission in Manila, and one for the voter
for the proof of his registration

136 challenge of right to register

-

Like all rights, it is capable of being challenged,

127 Illiterate or disabled applicants

-

Voters affidavit may be prepared by a relative

within fourth civil degree of consanguinity or
affinity

128 Voters identification

138 jurisdiction in inclusion and exclusion cases

The municipal and metropolitan trial courts have

original and exclusive jurisdiction over all
matters pertaining to the inclusion and
exclusion of voters and not the comelec, they
cannot decide on the right of the voter
Such decisions may be appealed to RTC within 5
days from receipt of the notice

139 petition for inclusion on the list

-

A voter excluded by the board of election

inspectors may within 20 days after the last day
of registration, file to the proper muni or metro
trial court, for an order directing the BOEI to
include or reinstate his name in the list

140 voters excluded through inadvertence

-

Any voter registered in the permanent list who

has not been included in the list prepared due to
wrong or misspelled name shall have the right
to file an application on any date with the
proper muni or metro trial court for an order of
reinstating his name in the list

141 change of name of voter

-

Any previously registered voter whose name has

been changed by reason of marriage, or by
virtue of a court order may request the BOEI
that his registration under new name be
included in the list

142 petition for exclusion of voters from list

-

Any registered voter in a city or municipality

may apply at any time, except after 20 days
from the last day of registration up to the
election day, with the MTC for exclusion of the
voter from the list

143 common rules governing judicial proceedings in

inclusion and exclusion
a. Outside of regular working hours, there
shall be no petition for inclusion,
exclusion, or correction of names of
voters
b. Notices to BOEI and challenged voters
shall state the place, day and hour in
which petition shall be heard, in the
interest of justice and to afford
challenged voter every opportunity to
contest the petition for exclusion, the
court may give leeway for the first round
of default of the challenged petitioner
c. Each petition shall refer to only one
precinct
d. No costs shall be assessed in these
proceedings, however if there is bad faith
on the challenging party as to cause the
challenged party to incur expenses, the
court may condemn the culpable party to
pay the costs

e. Any candidate who may be affected by

the proceedings may intervene and
present evidence.
f. The decision shall be based on evidence
presented.
g. These application shall be heard and
decided without delay.
144 canvass to check registration
-

Once every two years or oftener check on the

list of voters via verification through mail or
house-to-house canvass\

145 annulment of permanent list of voters

-

If the list was effected with fraud, bribery,

forgery, impersonation, intimidation, force or
other irregularity the book may be annulled

146 reconstitution of lost or destroyed registration

records
147 examination of registration records
-

All records shall be open to examination by the

public with legitimate inquiries for purposes of
election

148 list of voters

-

15 days before the scheduled regular or special

election, the BOEI shall produce a final list of
voters in each precinct

ELECTION OFFENSES
a. To deliver, hand over, entrust or give directly or
indirectly, his voters identification card to
another in consideration of money or other
benefits or rewards
b. To fail, without just cause, any of the notices in
this act
c. To issue or cause the cancellation of voters
identification
d. To accept an appointment to Election
registration board although ineligible, or to
appoint such person knowing him to be
ineligible
e. To interfere with the installation of computers
for registration of data and information
f. To gain classified or declassified computer data
g. Failure to provide certified voters and
deactivated voters list to candidates
h. Failure to include a qualified voter in the book
i. The posting o list of voters outside or at the
door of a precint and which list is different in
contents from the certified list of voters
j. Violation of any provision of this act

EFFECT OF REGISTRY LIST OF VOTERS

-

It is the duty of the COM to see to it that the

entire registration process and the preparation
of the registry list of voters as a whole are
accomplished in accordance with existing laws.
Hence , if certain registration and consequent

preparation of registry of list of voters are done

in utter disregard of the law, the Com has the
duty and power to order that they should be
again performed in accordance with the law to

correct the error or to annul the entire list and

order a new one.