ELECTION LAW NOTES | GILLIAN ELLIOT ALBAY 11/25/2018

Rules on Construction of Election Laws: 4. Recall – mode of removal pf an

Laws for Before election: elective public officer by the people
conduct of Mandatory before the end of his term of office.
elections
After election: Election – means by which people choose their
Directory officials for a definite and fixed period and to whom
Laws for Mandatory and strictly they entrust for the time being the exercise of the
Candidates construed against the powers of government.
candidate
Procedural Liberally construed in favor Election period
rules of ascertaining the will of GR: the period of election starts at ninety (90) days
the electorate before and ends thirty (30) days after the election
date pursuant to Sec 9, Art IX- C of the Constitution
Suffrage – is the right to vote in the election of and Sec. 3 of BP 881 otherwise known as the
officers chosen by the people and in the Omnibus Election Code (OEC).
determination of questions submitted to the
people. It includes election, plebiscite, initiative and XPN: COMELEC is not precluded from setting a
referendum. period of different from that provided thereunder.

Is it absolute? NO. The exercise of the right Components of an Election:

of suffrage is subject to existing substantive and 1. Choosing or selecting
procedural requirements embodies in our candidates to public office by
Constitution, statute books and other repositories popular vote;
of law. 2. Holding of electoral
campaign;
Scope of Suffrage 3. Conducting of the polls;
1. Plebiscite – electoral process by 4. Listing of votes;
which an initiative on the 5. Casting and receiving the
Constitution is approved or rejected ballots from the voters;
by the people. 6. Counting the ballots;
7. Making the election returns;
2. Initiative – the power of the people and
to propose amendments to the 8. Proclaiming the winning
Constitution or to enact legislations candidates
through election called for the
purpose. Qualifications for the exercise of suffrage
1. Filipino citizenship;
3. Referendum – power of the 2. At least 18 years of age;
electorate to approve or reject a 3. Resident of the Philippines for
piece of legislation through an at least one year;
election called for the purpose. 4. Resident of the place where
a. Referendum on Statutes he where he proposes to vote
b. Referendum on Local Laws for at least 6 months
immediately preceding the
election; and
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5. Not otherwise disqualified by
law.
NOTE: These qualifications are continuing
requirements. Congress may not add
disqualifications but can provide for procedural
requirements and disqualifications. However, the
disqualifications must not amount to qualifications.
Disqualifications for the exercise of suffrage
1. Sentenced by final judgment
to suffer imprisonment for
not less than 1 year, unless
pardoned or granted
amnesty.
2. Conviction by final judgment
of any of the following:
a. Crime involving
disloyalty to the
following;
b. Violation against
national security; and
c. Firearms laws
NOTE: The right to vote is reacquired of 5 years after
service of sentence referred to in the two preceding
items.
3. Insanity or incompetence
declared by competent
authority.
Residence and domicile
In election cases, the Court treats domicile and
residence as synonymous terms. Both import not
only intention to reside in a fixed place but also
personal presence in that place, coupled with
conduct indicative of such intention.
Effect of transfer of residence
To establish a new domicile of choice, personal
presence in the place must be coupled with conduct
indicative of this intention. It requires not only such
bodily presence in that place of abode.
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Establishing a new domicile
To establish a new domicile of choice, personal
presence in the place must be coupled with conduct
indicative of this intention. It requires not only
bodily presence in that place of abode.
Kinds of Election:
1. Regular election – an election
participated in by those who
possess the right of suffrage,
not otherwise disqualified by
law, and are registered
voters.
NOTE: The SK election is not a regular election
because the latter is participated in by youth with
ages ranging from 15-21 (now 15-30 per RA 10742),
some of whom are not qualified voters to elect local
or national elective officials.
2. Special election – held when
there is failure of election on
the schedule date of regular
election in a particular place
or to fill a vacancy in office
before the expiration of the
term for which the incumbent
was elected.
Registration of Voters – is the act of accomplishing
and filing a sworn application for the registration by
a qualified voter before the election officer of the
city or municipality wherein he resides and including
the same in the book of registered voters upon
approval by the Election registration Board. [Voter’s
Registration Act of 1996, RA 8189, Sec 3 Par (1)] It
does not confer the right to vote; it is but a condition
precedent to the exercise of the right. Registration
is a regulation, not a qualification.
Double-registrant – any person who, being a
registered voter, registers a new without filing an
application for cancellation of his previous
registration.
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 ELECTION LAW NOTES | GILLIAN ELLIOT ALBAY 11/25/2018

They are still qualified to vote provided that Coverage:

COMELEC has to make a determination on which May vote for:
registration is valid, and which is void. COMELEC 1. President;
laid down the rule in Minute Resolution No. 00-1513 2. Vice-President;
that while the first registration of any voter subsists, 3. Senators; and
any subsequent registration there is void ab initio. 4. Party-List Representatives, as
well as in all national referrenda
Illiterate and disabled voters and plebiscites.
They may register with the assistance of the Election
Officer or any member of an accredited citizen’s Disqualifications:
arms. The application for registration of a physically a) Those who have lost their
disabled person may be prepared by any relative Filipino citizenship in
within the 4th civil degree of consanguinity or affinity accordance with
or by the Election Officer or any member of an Philippine laws;
accredited citizen’s arm using the data supplied by b) Those who have
the applicant. The fact of illiterate or disability shall expressly renounced
be so indicated in the application. their Philippine
citizenship and who have
Kinds of registration system pledged allegiance to a
 Continuing; and foreign country, except
 Computerized those who reacquired or
retained their Philippine
System of continuing registration citizenship under RA
GR: It is a system where the application of 9225;
registration of voters shall be conducted daily in the c) Those who have
office hours of the election officer during regular committed and are
office hours. convicted in a final
judgment by a Philippine
XPN: No registration shall be conducted during the court or tribunal of an
period starting 120 days before regular election and offense punishable by
90 days before a special election. imprisonment of not less
than 1 year, such
Overseas Voting disability not having been
The process by which qualified citizens of the removed by plenary
Philippines abroad exercise their right to vote. pardon or amnesty;
Qualifications: Provided, however, that
a) All Filipino citizens abroad; any person disqualified to
b) Not otherwise disqualified by vote under this
law; and subsection shall
c) At least 18 years of age on the automatically acquire the
day of elections. right to vote upon the
expiration of 5 years after
service of sentence, and
d) Any citizen of the
Philippines abroad
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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.
Voting by mail
Voting by mail may be allowed in countries that
satisfy the following conditions:
1. Where the mailing system id fairly
well-developed and secure to
prevent the occasion of fraud;
2. Where there exists a technically
established identification system
that would preclude multiple proxy
voting; and
3. Where the system of reception and
custody of mailed ballots in the
embassies, consulates concerned are
adequate and well-secured.
Local Absentee Voting – it refers to a system of
voting whereby government officials and
employees, including members of the Armed Forces
of the Philippines (AFP), and the Philippine National
Police (PNP) as well as members of the media, media
practitioners including their technical and support
staff (media voters) who are duly registered voters,
are allowed to vote for the national positions in
places where they are not registered voters but
where they are temporarily assigned to perform
election duties on election day.
Book of voters – classified as permanent whereby
each precinct shall have a permanent list of ll
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registered voters residing within the territorial
jurisdiction of the precinct.
Grounds for alteration:
1. Deactivation/Reactivation
2. Exclusion/Inclusion
3. Cancellation of Registration in case of
death;
4. Annulment of Book of Voters;
5. New Voters; and
6. Transfer of residence
Deactivation – removal from the registration
records from the precinct books of voters and places
the same, properly marked and dated in indelible
ink, in the inactive file after entering the cause of
deactivation.
Grounds for deactivation:
1. 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 amnesty;
NOTE: The right to vote may be
automatically reacquired upon
expiration of 5 years after the service
of sentence as certified by the clerk
of court.
2. Any person who has been
adjudged by a final judgment
by a competent court or
tribunal of having
caused/committed any crime
involving disloyalty to the
duly constituted government
such as rebellion, sedition,
violation of the anti-
subversion and firearm laws,
or any crime against national
security, unless restored to
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his full civil and political rights the exclusion of a voter form the permanent list of
in accordance with law. voters giving the name, address and the precinct of
NOTE: The right to vote may be regained the challenged voter.
automatically upon the expiration of 5 years after
service of sentence. Jurisdiction:
3. Any person declared by 1. MTC – original and exclusive
competent authority to be 2. RTC – appellate jurisdiction
insane or incompetent unless 3. SC – appellate jurisdiction over RTC
such disqualification has been on question of law.
subsequently removed by a
declaration of a proper Inclusion Exclusion
authority that such person is Who may file 1. Any private 1. Any registered
no longer insane or person whose voter in the city
incompetent; application was or municipality
4. Any person who did not vote disapproved by
in the two successive the Election 2. Representative
preceding regular elections as Registration of Political party
shown by their voting Board
records. For this purpose, 3. Election officer
regular elections do not 2. Those whose
include SK elections; names were 4. COMELEC
5. Any person whose stricken out
registration has been ordered from the list of
excluded by the Court; voters
6. Any person who has lost his
Filipino citizenship. 3. COMELEC
Period of Any day except Anytime except
Reactivation filing 105 days before 100 days before a
Any voter whose registration has been deactivated regular regular election
may file with the Election Officer a sworn elections and 75 and 65 days
application for reactivation of his registration in the days before a before a special
form of an affidavit stating that the grounds for the special election. election.
deactivation no longer exist at any time but not later Grounds 1. application 1. Not qualified
than 120 days before a regular election and 90 days for registration for possessing
before a special election. has been disqualification
disapproved by
Inclusion Proceedings – any person whose the board 2. Flying voters
application has been disapproved by the Board or
whose name has been stricken out from the list may 2. Name has 3. Ghost voters.
file with the court a petition to include his name in been stricken
the permanent list of voters in his precinct. out of the list.

Exclusion Proceedings – any registered viter,

representative of a political party of the Election
Officer, may file with the court a sworn petition for
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Res judicata is not applicable leadership in a political party, and to ascertain the
The proceedings for the exclusion or inclusion of identity of political party and its legitimate officers.
voters in the list of voters are summary on
character. Except for the right to remain in the list of Kinds of Parties:
voters or for being excluded therefrom for the 1. National Party – constituency is
particular election in relation to which the spread over the geographical
proceedings had been held, a decision in an territory of at least a majority of the
exclusion or inclusion proceeding, even if final and regions.
unappealable, does not operate as a bar to any 2. Regional Party – constituency is
further action that a party may take concerning the spread over the geographical
subject passed upon in the proceeding. Thus, a territory of at least a majority of the
decision in an exclusion proceeding would neither cities and provinces comprising the
be conclusive on the voter’s political status, nor bar region.
subsequent proceedings on his right to be registered 3. Sectoral party – organized group of
as a voter in any other election. citizens belonging to any of the
following sectors: labor, peasant,
Voters using fake address not excluded fisherfolk, urban poor, indigenous
A citizen cannot be disenfranchised for the flimsiest cultural communities, elderly,
of reasons. Only on the most serious grounds, and handicapped, women, youth,
upon clear and convincing proof, may a citizen be veterans, overseas workers, and
deemed to have forfeited this precious heritage of professionals whose principal
freedom. advocacy pertains to the special
interests and concerns of their
Political Parties – any organized group of citizens sector.
advocating an ideology or platform, principles and
policies for the general conduct of government and
which, as the most immediate means of securing
their adoption, regularly nominates and supports
certain of its leaders and members as candidates in
public office.

NOTE: RA 7941 does not require national and

regional parties or organizations to represent the
“marginalized and underrepresented” sectors.

Jurisdiction of COMELEC over Political Parties

Sec 2 (5) , Art IX-C of the Constitution grants the
Commission the power to register political parties.
It also has the power to require the candidates to
specify in their certificate of candidacy their political
affiliation, allow political parties to appoint
watchers, limit their expenditures, and determine
whether their registrations should be cancelled in
appropriate proceedings. These powers necessarily
include the jurisdiction to resolve issues of political
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