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ELECTION LAW

GENERAL PRINCIPLES

Sources of Philippine election law

The election laws of the Philippines are contained in thefollowing:

1987 Constitution

BP 881 (Omnibus Election Code)

RA 6646 (Electoral Reforms Law of 1987) RA 6679 (Barangay Elections)

RA 6735 (Law Providing for Initiative and Referendum)

RA 7166 (1991 Synchronized Elections Law)

RA 7941 (Election of Party-List Representatives)

RA 8189 (Continuing Registration)

RA 8436 (Automated Election System)

RA 8524

RA 9006 (Fair Election Act of 2001)

THEORY OF POPULAR SOVEREIGNTY

Art. II, Sec. 1 1987 Constitution:

The Philippines is a democratic and republican state.Sovereignty resides in the people and all governmentauthority emanates from them.

A democratic and republican government derives all its powers,directly or indirectly, from the people at large. Its essence is indirect rule.Actual sovereignty is exercised by the people by means of suffrage.

Suffrage defined

Suffrage is the right and obligation of qualified citizens to vote:

(1) in the election of certain national and local officials, and(2) in the decision of public questions submitted to the people.

It is a political right which enables every citizen to participate inthe process of government to assure that it derives it powers from theconsent of the governed. It operates on the principle of "one man (or one

woman), one vote."

Suffrage is not a natural right but a privilege which may be givenor withheld by the lawmaking power subject to constitutional limitations. Its not necessarily an accompaniment of citizenship; it is granted only uponthe fulfillment of certain minimum conditions.

Scope of suffrage

Suffrage encompasses the following:

(1) ElectionElection is the means by which the people choose their officials for

definite periods and to whom they entrust, for the time being as theirrepresentatives, the exercise of powers of government. It involves thechoice of candidates to public office by popular vote.

a. Regular election refers to an election participated in by those whopossess the right of suffrage and notdisqualified by law and who are registeredvoters

b. Special election when there is failure of election on the scheduled dateof regular election in a particular place or whichis conducted to fill up certain vacancies, asprovided by law (ex. To fill in vacancy in officebefore the expiration of the term for whichincumbent was elected)

(2) PlebiscitePlebiscite is the submission of constitutional amendments or important

egislative measures to the people for ratification.

(3) ReferendumReferendum is the power of the electorate to approve or r

legislation through an election called for the purpose. (Sec. 2c, R.A. 6It may be of 2 classes, namely:

(a) Referendum on statutes, which refers to a petition to approvreject an act or law, or part thereof, passed by Congress; and

(b) Referendum on local law which refers to a petition to approreject a law, resolution or ordinance enacted by regassemblies and local legislative bodies

(4) Initiative

Initiative is the power of the people to propose amendments toConstitution or to propose and enact legislation through an eleccalled for the purpose. (Sec. 2a, R.A. 6735) There are 3 systeminitiative, namely:

(a) Initiative on the Constitution which refers to a peproposing amendments to the Constitution;

(b) Initiative on statutes, which refers to a petition propoto enact a national legislation;

(c) Initiative on local legislation which refers to a peproposing to enact a regional, provincial, city, munior barangay law, resolution or ordinance

Note that in the case ofSantiago v. COMELEC, the SuprCourt held that there is no law yet that is sufficient enougproposing amendments to the Constitution. R.A. 6735deemed sufficient for statutory amendments but Constitutional amendments.

(5) Recall

Recall is the termination of official relationship of a local elective offor loss of confidence prior to the expiration of his term through theof the electorate.

Who can exercise

Under Art. V, Sec. 1 of the 1987 Constitution, the righsuffrage may be exercised by all citizens of the Philippines who are:

(1) not otherwise disqualified by law,(2) at least 18 years of age, and(3) have resided in the Philippines for at least 1 year, and in

the place wherein they propose to vote for at least 6months immediately preceding the election.

The same provision provides that no literacy, property or osubstantive requirement shall be imposed on the exercise of suffrage,that Congress may not add or alter the qualifications of voters under ASec. 1 of the 1987 Constitution. This specification is an implied prohibagainst interference on the part of Congress in the right of suffrage.

Congress, however, to a limited extent can regulate the righsuffrage by:

Defining the qualifications of voters Regulating elections

Prescribing the form of official ballot

Providing for the manner of choosing candidates andthe names to be printed on the ballot

Regulating the manner of conducting elections

Suppressing whatever evils incident to the election ofpublic officers, pursuant to its duty to secure thesecrecy and sanctity of the ballots under Art. V, Sec. 2of the 1987 Constitution.

What are the substantive requirements for the exercise of suffrage

The only substantive requirements to exercise the right to vote(CARA)

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(1) Citizenship(2) Age(3) Residency(4) Absence of disqualifications

Filipino citizenship

This may be by birth or naturalization.

Age

Must be at least 18 at the time of the election.

Residence

For the purposes of election law, residence is synonymous withdomicile. Art. 50 of the Civil Code provides that for the existence of civilrights and the fulfillment of civil obligations, the domicile of natural personss the place of their habitual residence. Domicile includes the twinelements of the fact of residing or physical presence in a fixed place andanimus manendi, or the intention of returning there permanently.(Romualdez-Marcos v. COMELEC)

Every person is deemed to have his domicile somewhere, andwhen it has been acquired, it will be deemed to continue until a new onehas been acquired. Temporary absences although frequent or longcontinued, will not, while the person has a continuous intention to return,deprive him of his domicile and right to vote.

Any person who temporarily resides in another city, municipalityor country solely by reason of his occupation, profession, employment inprivate or public service, educational activities, work in the military or navalreservations within the Philippines, service in the AFP, the PNP, orconfinement or detention in government institutions in accordance with law,shall not be deemed to have lost his original residence. (Sec. 9, R.A.8189)

It is not necessary that a person should have a house in order toestablish his residence or domicile in a municipality. It is enough that heshould live there, provided that his stay is accompanied by his intention toreside therein permanently.

Literacy requirements

The Constitution imposes no literacy requirements; hence

lliterates have the right to vote.

Property requirements

Neither does the Constitution impose any property requirementsince property ownership is not a test of individual capacity. A propertyrequirement is not only inconsistent with the concept of a republicangovernment, but with the social justice principle of equal opportunity aswell.

Formal education

Formal education is no guarantee for good citizenship orntelligent voting.

Sex

There is no adequate or justifiable basis for depriving women ofequal voting rights.

Taxpaying Ability

This is related to property requirement.

Romualdez-Marcos v. COMELEC (248 SCRA 300)

It is the fact of residence, not a statement in the certificateof candidacy which ought to be decisive in determining whether or notan individual has satisfied the Constitutions residency qualificationrequirement.

To successfully effect a change of domicile, one mustdemonstrate: (1) an actual removal or an actual change of domicile;

(2) a bona fide intention of abandoning the former place of residenceand establishing a new one; and, (3) acts which correspond with thepurpose.

Aquino v. COMELEC (248 SCRA 400)

The place where a party actually or constructively has hispermanent home, where he, no matter where he may be found at naygiven time, eventually intends to return and remain, i.e., his domicile,is that to which the Constitution refers when it speaks of residence forthe purpose of election law. The purpose is to exclude strangers ornewcomers unfamiliar with the conditions and needs of the community

from taking advantage of favorable circumstances existing in thatcommunity for electoral gain.

Disqualifications

(1) Persons sentenced by final judgment to suffer imprisonmentfor not less than one (1) year. (Note: he / she shallautomatically re-acquire the right to vote upon the expirationof 5 years after the service of sentence.)

(2) Persons adjudged by final judgment of having committed anycrime involving disloyalty to the duly constituted government(e.g. rebellion, sedition, violation of the firearms law) or anycrime against national security. (Note: he / she shallautomatically re-acquire the right to vote upon the expiration

of 5 years after the service of sentence.)

(3) Insane or incompetent persons as declared by competentauthority.

THE COMELEC

Purpose

The purpose of the COMELEC is to protect the sanctity oballot and to ensure the free and honest express of the popular will.

To achieve this, the COMELEC was created as an indepenadministrative tribunal, co-equal with the other departments with respethe powers vested in it, and not under any of the branches of GovernmThe intention is to place it outside the influence of political parties and

control of the legislative, executive, and judicial organs of the governme

To preserve the independence of the COMELEC, appointmor designations in temporary or acting capacities are not allowed.

Composition

Composition:

- chairman

- 6 commissioners

Qualifications:

Natural born citizens

At least 35 years old

Holders of a college degree Must not have been candidates for any elective

position in the immediately preceding elections

Majority of the members, including the chairman,should be members of the Bar who have beenengaged in the practice of law for at least 10 years.

The chairman and the commissioners are to be appointed byPresident with the consent of the Commission on Appointments.

The Commissioners serve for 7 years without reappointmunder staggered terms of 2 years interval: of 3 commissionersappointed, 3 shall hold office for 7 years, 2 for 5 years, and the rest years.

The staggering of terms makes the COMELEC a continuingself-perpetuating body, and consequently its members would have

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benefit of the experience and expertise of the older members in theperformance of its functions.

The COMELEC Commissioners are subject to the same disabilitiesmposed on the President and the Vice-President, including the prohibitionagainst holding any other office or engaging in any other profession orbusiness.

Powers and functions

The powers and functions of the COMELEC may be classified asfollows:

(1) Enforcement and administration of election laws andregulations (Art. IX-C, Sec. 2 (1), 1987 Constitution)

Promulgation of rules and regulations (Art. IX-C, Sec.

6; BP 881, Sec. 52b)

Fixing of election period (which shall commence 90

days before the election and end 30 days thereafter,unless otherwise fixed by the COMELEC in specialcases; Art. IX-C, Sec. 6, 1987 Constitution)

Fixing of other reasonable periods for certain pre-

election requirements (BP 881, Sec. 52m)

Declaration of failure or postponement of elections,

as well as call for special elections (Sec. 4, RA 7166)

Prescribe forms, as well as use or adoption of latest

technological and electronic devices (BP 881, Sec.52 g, i)

Annulment or cancellation of illegal registry lists ofvoters and ordering the preparation of a new one;

Cancellation of the canvass of election returns and

annulment of a proclamation based on incompleteresults. (Note, however, that the COMELEC doesnot have the power to annul an election which may

not have been free, orderly, and honest as suchpower is merely preventive and not curative.)

(2) Quasi-judicial powers

The COMELEC has exclusive original jurisdictionover all contests relating to the election, returns andqualifications of all elective, regional, provincial andcity officials.

The COMELEC has exclusive appellatejurisdiction over all contests involving municipalofficials decided by the RTC, or involving electivebarangay officials decided by the MTC. In thesecases, the decisions therein shall be final, executoryand unappealable. ( Art. IX-C, Sec. 2 (2), 1987

Constitution)

Pursuant to its quasi-judicial powers, the COMELEChas the power:

To issue subpoena;

To take testimony;

Of contempt (Note, however, that the

COMELEC's power to punish for contempt maybe exercised ONLY in the exercise of its quasi-

judicial functions. The COMELEC has no powerto hold a person in contempt in the exercise of itsadministrative functions (e.g. reporter criticizes a

contract with COMELEC for supplies, or a personfails to follow the procedure for the distribution ofballot boxes).

To issue warrants of arrest;

Of certiorari, prohibition and mandamus (Note:

but only in exercise of its appellate jurisdiction;Relampagos v. Cumba, )

(3) Decide all questions affecting elections (Art. IX-C, Sec. 21987 Constitution)

The power of the COMELEC to decide all questionsaffecting elections pertains to the following:

(1) determination of the number and location opolling places

(2) appointment of election officials and inspectors(3) registration of voters

However, the COMELEC has NO jurisdiction ovequestions involving the right to vote (i.e. disqualifications ovoters, right of a person to be registered, etc.), as these reswithin the exclusive original jurisdiction of the MTCappealable to the RTC.

(4) Deputize, with the concurrence of the President, enforcement agencies and instrumentalities of Government for the exclusive purpose of ensuring orderly, honest, peaceful and credible elections ( Art. Sec. 2(4), 1987 Constitution)

CMT cadets 18 yrs. of age and above may be authorized

to act as the COMELEC's deputies for the purpose ofenforcing its orders (Sec. 52a, BP 881)

The COMELEC may deputize any member or members

of the AFP, NBI, PNP or any similar agency orinstrumentality of the government (except civilian homedefense forces) during the period of the campaign andending 30 days thereafter, when in any area of thecountry there are persons committing acts of terrorism toinfluence people to vote for or against any candidate orpolitical party. (Sec. 52b, BP 881)

(5) Register political parties, etc. (Art. IX-C, Sec. 2 (5), Constitution)

(6) Accredit citizens' arms ( Art. IX-C, Sec. 2 (5), Constitution)

(7) Investigation and prosecution of cases of violatioelection laws (Art. IX-C, Sec. 2 (5), 1987 Constitution)

The COMELEC has the power of a public prosecutor withthe exclusive authority to conduct the preliminaryinvestigation and the prosecution of election offensespunishable under the election law.

The power may be exercised upon complaint or motupropio.

The Ombudsman has NO jurisdiction to prosecute electionoffenses. He may do so only if he is deputized by theCOMELEC.

(8) Filing of petitions in court for inclusion or exclusiovoters (Art. IX-C, Sec. 2 (6), 1987 Constitution)

(9) Recommendatory:

(a) to Congress

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effective measures to minimize election spending,

including limitation of places where propagandamaterials shall be posted, and to prevent andpenalize all forms of election frauds, offenses,malpractices, and nuisance candidates. (Art. IX-C, Sec. 2 (7),1987 Constitution)

(b) to the President

for removal of any officer or employee it has

deputized (Sec. 52a, BP 881);

for imposition of disciplinary action for violation or

disregard of, or disobedience to its directive,order, or decision ( Art. IX-C, Sec. 2 (8), 1987Constitution);

for pardon, amnesty, parole, suspension of

sentence for violation of election laws, rules andregulations (Art. IX-C, Sec. 5 1987 Constitution;This is to prevent the possibility of the Presidentgranting executive clemency for politicalreasons.)

(10) Supervision / Regulation, for the duration of the electionperiod, of use of all franchises or permits for operation of:

transportation and other public utilities;

media of communication or information;

all grants, special privileges, or concessions granted by the

Government or any instrumentality thereof (Art. IX-C, Sec. 4,1987 Constitution)

The purpose of supervision and regulation is toguarantee or ensure equal opportunity for public serviceand the equitable right to reply, for public informationcampaigns and fora among candidates, and assure free,orderly, honest, peaceful and credible elections. (Sec. 2,R.A. 9006)

No franchise or permit to operate a radio or televisionstation shall be granted or issued, suspended orcancelled during the election period. (Sec. 6.4, R.A.9006)

COMELEC is mandated under Sec. 7 of R.A. 9006 toexercise affirmative action in procuring print space uponpayment of just compensation from at least 3 nationalcirculation, and free airtime from at least 3 national TVnetworks and 3 national radio networks, all of which areto be allocated free of charge equally and impartiallyamong all the candidates for national office on 3 differentcalendar days.

Quasi-Judicial Powers

Jurisdiction

The COMELEC has exclusive original jurisdiction over allcontests relating to the election, returns and qualifications of all elective,regional, provincial and city officials.

The COMELEC has exclusive appellate jurisdiction over allcontests involving municipal officials decided by the RTC, or involvingelective barangay officials decided by the MTC. In these cases, thedecisions therein shall be final, executory and unappealable. (Art. IX-C,Sec. 2 (2), 1987 Constitution)

Rendition of Decision

Composition; En Banc and Division Cases

The COMELEC may sit en bancor in 2 divisions.

As a general rule, election cases shall be heard and decidedivision.

Decisions that must be rendered by the COMELEC en include:

Decisions on motions for reconsideration (Art.

IX-C, Sec. 3, 1987 Constitution);

Petitions for correction of manifest errors in the

Statement of Votes (Sec. 5, Rule 27 of the1993 Rules of the COMELEC);

Questions pertaining to proceedings of the

Board of Canvassers (Mastura v. COMELEC,285 SCRA 493)

Postponement of election (Sec. 4, R.A. 7166)

Declaration of failure of election (Sec. 4, R.A.

7166)

Calling of special elections (Sec. 4, R.A. 7166)

Time Period and Votes Required

The COMELEC shall decide by a majority vote of all its memberscase or matter brought before it within 60 days from the date o

submission for decision or resolution. (Art. IX-A, Sec. 7 1987 Constitut

Judicial Review

Unless otherwise provided by the Constitution or by law,decision, order or ruling of each Commission may be brought toSupreme Court on certiorari by the aggrieved party within 30 days freceipt of a copy thereof. (Art. IX-A, Sec. 7, 1987 Constitution)

What is contemplated in this provision are decisions, orderesolutions rendered by the COMELEC in the exercise of its adjudicatoquasi-judicial powers not those which are mere incidents of its inheadministrative functions over the conduct of elections. Questions arfrom the latter may be taken in an ordinary civil action before the RTC.

By certiorari, a party raises questions of law in the SuprCourt. Findings of fact made by the COMELEC are conclusive upo

Supreme Court.

The Supreme Court has no power of supervision overCOMELEC except to review its decisions on petitions by certiorari. certiorari jurisdiction of the Supreme Court is confined to instances of gabuse of discretion amounting to patent and substantial denial ofprocess committed by it in the exercise of its quasi-judicial powers.

ELECTIONS IN GENERAL

Kinds of elections

General election

It is one provided for by law for the election to offices througthe State or a certain subdivision thereof, after the expiration of theterm of former officers.

Special election

It is one provided for by law under special circumstances.

It is an election held to fill a vacancy in an office beforeexpiration of the full term for which the incumbent was elected, oelection at which some issue or proposition is submitted to the vote oqualified electors.

Date of Election Under the Law

In accordance with the Constitutional policy to synchroelections, there is a simultaneous conduct of elections for national

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ocal officials once every 3 years. Under R.A. 7166, elections shall be heldon the 2nd Monday of May.

The President and Vice-President are elected on the same dayevery 6 years.

Senators, Elective Members of the House of Representatives,and Elective Provincial, City and Municipal Officials are elected on thesame day every 3 years, except with respect to the Senators, only 12 ofwhom shall be elected every 3 years.

Barangay Elections are held on the same day, and every 5 years

thereafter, the term for elective barangay officials having been extendedfrom 3 years to 5 years. (R.A. 7160, Sec. 43 (c) as amended by R.A.8524)

Time and Place for Holding Elections

The time must be fixed by the authoritative power (i.e. theConstitution; laws in the case of regular elections; the executive or otherdesignated power in the case of special elections). The place for holdingelections shall be fixed by general law or by a proclamation or by the noticeby which the election is called. Such designated place shall be mandatory.

In case of emergencies which necessitate the changing of apolling place, adequate general notice must be given.

Manner of Holding Elections

While the manner of holding elections must be regulated, it isobvious that the manner prescribed is intended simply to secure the correctresult. Manner and form should not be allowed to defeat the undoubted willof the people clearly expressed. (C.J. Simpson)

Regulations prescribed are merely directory, and a failure toobserve them fully will not invalidate the election, where an election hasbeen held in good faith and irregularities do not affect the result.

Where a special election is provided for, but no method ofholding it is declared, it will be sufficient if it is held in the mannerprescribed for the holding of general elections.

PRE-ELECTION REQUIREMENTS

PRECINCTS AND POLLING PLACES

Precincts

Precinct, defined

- unit of territory for the purpose of voting (Sec. 149, BP 881)

Establishment of Precincts

The COMELEC shall establish all election precincts. Eachbarangay shall have at least 1 such precinct. (Sec. 149, BP 881)

The COMELEC may introduce adjustments, changes or newdivisions or abolish precincts if necessary. But no changes shall bentroduced within 45 days before a regular election and 30 days before a

special election or referendum or plebiscite. (Sec. 149, BP 881)

Where it is not practicable to divide a precinct by territory, theCOMELEC may adjust or split the precinct by assigning the registeredvoters alphabetically and equitably among the adjusted or split precinct.The polling places of the said precincts must be in the same building.(Sec. 8, R.A. 7166)

Publication of Maps of Precincts

At least 5 days before the first registration day and until after theelection, referendum, or plebiscite, the COMELEC shall post in the city ormunicipal hall and in 3 other conspicuous places and on the door of eachpolling place, a map of the city or municipality showing its division intoprecincts. Such maps shall be kept posted until after the election,referendum or plebiscite. (Sec. 151, BP 881)

Polling Places

Polling place, defined

POLLING PLACE: Building or place where the Board ofElection Inspectors conducts its proceedings and where thevoters cast their votes (Sec. 152, BP 881)

Designation of polling places

The COMELEC may introduce changes in the location of po

places when necessary after notice to the registered political partiescandidates affected if any, and hearing. No location shall be chawithin 45 days before a regular election and 30 days before a speelection, referendum or plebiscite except when it is destroyed or it cabe used. (Sec. 153, BP 881)

Arrangements and Contents of Polling Places

Each polling place shall have at least 10 voting booths of size, specifications and materials as the COMELEC may provide to enthe voters to fill out their ballots secretly. (Sec. 158, BP 881) The poplace shall be so arranged that the booths, the table, the ballot boxesthe whole polling place, except what is being written within the booshall be in plain view of the board of election inspectors, the watchersother persons who may be within the polling place. (Sec. 159 (d), BP 8

The COMELEC shall post inside each voting booth elsewhere in the polling place on the day before the election, referendor plebiscite and during the voting period a list containing the names ocandidates or the issues or questions to be voted for. (Sec. 158; BP 88

There shall be a guard rail between the voting booths andtable for the Board of Election Inspectors. (Sec. 159; BP 881)

Inspection of polling places

Before the day of the election, referendum or plebisciteChairman of the COMELEC shall, through its authorized representatsee to it that all polling places are inspected and such omissions defects as may be found are corrected. (Sec. 163, BP 881)

OFFICIAL BALLOTS, ELECTION RETURNS

& BALLOT BOXES

Form and Contents of ballots

The ballots shall:

be uniform in size;

be printed in black ink on white security paper withdistinctive, clear and legible watermarks that willreadily distinguish it from ordinary paper;

be in the shape of a strip with stub and a detachablecoupon containing the serial number of the ballotand a space for the thumbmark of the voter on thedetachable coupon;

bear at the top middle portion the coat-of-arms of

the Republic, the words, Official Ballot, the nameof the city or municipality and the province, the dateof the election and the following notice in English,Fill out this ballot secretly inside the voting booth.Do not put any distinctive mark on any part of thisballot;

contain the names of all the offices to be voted for,allowing opposite the name of each office, sufficientspace or spaces with horizontal lines where thevoter may write the name or names of the individualcandidates voted for by him;

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have nothing printed or written at the back exceptthe signature of the chairman of the Board ofElection Inspectors

Notwithstanding the preceding provisions, COMELEC mayprescribe a different form of official ballot on the same watermarkedsecurity paper to facilitate the voting by illiterate voters only and to use oradopt the latest technological and electronic devices in connectiontherewith. (Sec. 23, R.A. 7166)

Emergency Ballots

GR: No ballots other than the official ballots shall be used or counted.Exception: "Emergency ballots" may be used if:

- failure to receive the official ballots on time

- there are no sufficient ballots for all registered voters

- the ballots are destroyed at such time as shall render it

impossible to provide other official ballots.In these cases, the city or municipal treasure shall provide other

ballots which shall be as similar to the official ones as circumstances willpermit and which shall be uniform within each polling place. (Sec. 182, BP881)

Printing of official ballots and election returns

The official ballots and election returns shall be printedby the Government Printing Office and/or the Central Bank printing facilities

exclusively, under the exclusive supervision and control of the COMELECwhich shall determine and provide the necessary security measures in theprinting, storage and distribution thereof. (Sec. 184, BP 881)

The registered political parties or coalitions of parties(or their components should there be any dissolution or division of saidcoalition) whose candidates obtained at least 10% of the total votes cast inthe next preceding senatorial election are each entitled to have a watcherand/or representative in the procurement and watermarking of papers to beused in the printing of election returns and official ballots, and in theprinting, numbering, storage and distribution thereof. (Sec. 8, R.A. 6646)

Requisition and Distribution

The official ballots and election returns shall be distributed toeach city and municipality at the rate of one and one-fifth ballots for every

voter registered in each polling place, and for election returns, at the rate ofone set for every polling place. (Sec. 186, BP 881)

The ruling party and the dominant opposition party shall submitthe names of their watchers who, together with the representatives of theCOMELEC and the provincial, city, and municipal treasurers shall verify thecontents of the boxes containing the shipment of official ballots, electionreturns and sample official ballots. (Sec. 189, BP 881)

Publication

The COMELEC shall publish at least 10 days before an election,n a newspaper of general circulation, certified data on the number ofballots and returns and the names and addresses of the printers and thenumber printed by each.

Ballot boxes

On the day of the voting, there shall be a ballot box one side ofwhich shall be transparent which shall be set in a manner visible to thevoting public. It shall contain two compartments, one for valid ballots andthe other for spoiled ballots.

REGISTRATION OF VOTERS

Registration defined

- the act of accomplishing and filing of a sworn application for registrationby a qualified voter before the election officer of the city or municipalitywherein he resides and including the same in the book of registered votersupon approval by the Election Registration Board. (Sec. 3a, R.A. 8189)

Necessity of registration

"The act of registration is an indispensable precondition toright of suffrage. For registration is part and parcel of the right to votean indispensable element in the election process. Thus registrcannot and should not be denigrated to the lowly stature of a statutory requirement. Proceeding from the significance of registrationnecessary requisite to the right to vote, the State undoubtedly, inexercise of its inherent police power, may then enact laws to safegand regulate the act of voters registration for the ultimate purposconducting honest, orderly and peaceful election, to the incidenta

generally important end, that even pre-election activities couldperformed by the duly constituted authorities in a realistic and ormanner one which is not indifferent and so far removed from the presorder of the day and the prevalent circumstances of the times." (Akbaet al v. COMELEC, G.R. No.147066, March 26, 2001)

Qualifications and Disqualifications

See previous discussion under Suffrage.

Election Registration Board

(Sec. 15, R.A. 8189)

In each city and municipality, there shall be as many ElecRegistration Boards as there are election officers therein. In thpopulated cities or municipalities, the COMELEC may appoint additelection officers for such duration as may be necessary.

Composition

(1) Chairman: Election Officer. In case disqualifiedCOMELEC shall designate an acting Election Officer.

(2) Members:(a) Public school official most senior in rank; and

(b) Local civil registrar, or in his absence, the cimunicipal treasurer. If neither are available, any other appoicivil service official from the same locality as designated byCOMELEC.

Disqualifications

No member of the Board shall be related to each other or toincumbent city or municipal elective official within the 4 th civil degreconsanguinity or affinity. If in succeeding elections, any of the nelected city or municipal officials is related to a member of the Board wthe 4th civil degree of consanguinity or affinity, such membeautomatically disqualified to preserve the integrity of the EleRegistration Board.

NOTE: It is an election offense to either:

(1) accept an appointment, to assume office and toactually serve as a member of the Board althoughineligible thereto (Sec. 45d, R.A. 8189), or

(2) appoint such ineligible person knowing him to beineligible (Sec. 45d, R.A. 8189)

Function

- Meet quarterly on the 3rd Monday of April, July, October

January of every calendar year (or on the next following worday if such designated days fall on non-working holidays)

- To hear and process all applications for registration.

When registration conducted

Registration of voters shall be conducted not less than 120 before a regular election and 90 days before a special election. (SeR.A. 8189)

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However, in the case of an initiative or referendum, theCOMELEC is authorized to set a special registration day at least 3 weeksbefore the scheduled initiative or referendum. (Sec. 5, R.A. 6735)

CAN A SPECIAL REGISTRATION FOR A REGULARELECTION BE CONDUCTED OUTSIDE THE PERIODPRESCRIBED IN SEC. 8, R.A. 8189 UNDER THE RESIDUALOR STANDBY POWERS OF THE COMELEC UNDER SEC. 28,R.A. 8436?

No. In the case ofAkbayan, et al v. COMELEC (G.R.

No.147066, March 26, 2001), the Supreme Court held that Sec.8 of R.A. 8189 explicitly provides that no registration shall beconducted during the period starting 120 days before aregular election. The purpose of having a 120-day prohibitiveperiod is to enable the COMELEC to complete all the necessarypre-election activities, including the Project of Precincts,constitution of Board of Election Inspectors, Book of Voters andapproved Voters Registration Records, Computerized Voters'List, and Voters Information Sheet. Registration of voters is not,contrary to popular opinion, merely the act of going to theElection Officer and writing the names down. It is "in fact, a longprocess that takes about 3 weeks to complete not even countinghow long it would take to prepare for the registration in the firstplace."

Re-registration

A voter who is registered in the permanent list of voters need notregister anew for subsequent elections unless:

(1) he transfers residence to another city ormunicipality; or

(2) his registration has been cancelled on theground of disqualification and suchdisqualification has been lifted or removed(Sec. 125, BP 881);

System of Continuing Registration

Under Sec. 8 of RA 8189, the COMELEC has the power toconduct continuing registration. Such registration shall be conducted daily

n the office of the Election Officer during regular office hours, exceptduring the period starting 120 days before a regular election and 90 daysbefore a special election. The filing of the application must be donepersonally.

Challenge of the right to register

Any person applying for registration may be challenged beforethe Election Registration Board:

by any voter,

by any candidate, or

by any representative of a registered political party.

Such challenge must be made in writing, under oath and must state thegrounds therefor. (Sec. 18, R.A. 8189)

List of voters

The list of voters refers to an enumeration of names ofregistered voters in a precinct duly certified by the Election RegistrationBoard for use in the election. (Sec. 3 (d), R.A. 8189)

The Board of Election Inspectors must post the final list of votersn each precinct 15 days before the date of the regular or special electionor referendum or plebiscite.

Any candidate or authorized representative of an accreditedpolitical party upon formal request to an election registrar shall be entitledto a certified copy of the most recent list of voters upon payment of a

reasonable fee.

Illiterate and Disabled Voters

Any illiterate person may register with the assistance ofElection Officer or any member of an accredited citizens arm. application for registration of a physically disabled person may be prepby any relative within the fourth civil degree of consanguinity or affiniby the Election Officer or any member of an accredited citizens arm uthe data supplied by the applicant [Sec. 14, RA 8189].

Inclusion-exclusion cases

Common rules governing judicial proceedings in the matteinclusion, exclusion and correction of names of voters (Sec. 32, 8189)

(1) TIME OF FILING: During office hours

(2) NOTICE: Notice of the place, date and time ohearing of the petition shall be served upon the membethe Board and the challenged voter upon filing ofpetition.

Modes of service:(1) personal delivery, or

(2) registered mail, or

(3) posting in the bulletin board of city or municipal hall and in 2other conspicuous places within the city or municipality

(3) CONTENTS: Petition shall refer only to 1 precinct, and implead the Board as respondents

(4) COSTS: Generally, no costs shall be assessed againstparty. However, the court may order a party to paycosts and incidental expenses of the suit should it findthe application was filed solely to harass the adverse pand to cause him to incur expenses.

(5) INTERVENTION: Any voter, candidate or political party may be affected by the proceedings may intervenepresent his evidence.

(6) EVIDENCE: Shall be based on the evidence presented.

case shall a decision be rendered upon a stipulatiofacts.

If the case involves the issue of a fictitious voternon-appearance of the challenged voter on the day sehearing shall be prima facie evidence that such votfictitious.

(7) DECISION: Petition shall be heard and decided within 10 from date of filing.

Cases appealed to the RTC shall be decided withdays from receipt of the appeal. In all cases, the court decide these petitions not later than 15 days beforeelection and the decision shall become final and execut

Jurisdiction and Appeal in Inclusion and Exclusion Cases

MTC: original and exclusive jurisdiction

RTC: appellate jurisdiction

Appeals must be made within 5 days from receipt of noOtherwise the decision of the MTC becomes final and executory after period.

The RTC shall decide the appeal within 10 days from the the appeal was received, and its decision shall be final and executorymotion for reconsideration shall be entertained. (Sec. 138, BP 881; 33, R.A. 8189)

Petition for Inclusion of Voters in the List

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The following may petition to be included in the voters list:

any person whose application by registration hasbeen disapproved by the Board of ElectionInspectors or

any person whose name has been stricken outfrom the list

Petitioner may apply at any time except 105 days prior to a regular electionor 75 days prior to a special election. (Sec. 34, R.A. 8189)

Petition for Exclusion of Voters from the List

The following may petition for the exclusion of a voter from thepermanent list of voters:

any registered voter;

any representative of a political party;

the Election Officer

Such petition may be filed at any time except 100 days before a regularelection or 65 days before a special election. It shall be decided within 10days from filing. (Sec. 35, R.A. 8189)

"The petition for exclusion is a necessary component to registrationsince it is a safety mechanism that gives a measure of protection againstflying voters, non-qualified registrants, and the like. The prohibitive period,on the other hand serves the purpose of securing the voters substantiveright to be included in the list of voters." (Akbayan, et al v. COMELEC,G.R. No.147066, March 26, 2001)

The citizenship of a person to be stricken from the list may bedecided in the exclusion proceedings. However, the decision does notacquire the nature ofres judicata considering the summary character of thecase.

Voters Excluded Through the Inadvertence or Registered with anErroneous or Misspelled Name (Sec. 37, R.A. 8189)

WHAT MAY BE FILED?

(1) Petition for reinstatement - filed by any registered voter whohas not been included in the precinct certified list of voters

(2) Petition for correction of name - filed by any registered voterwho has been included in the precinct certified list of voters with awrong or misspelled name

WHERE FILED? With the Election Registration Board

If the petition is denied or not acted upon, the voter may file onany date with the proper MTC a petition for an order directingthat the voter's name be entered or corrected in the list. Thefollowing must be attached to the petition:

(1) Certified true copy of his registration record, or identificationcard, or the entry of his name in the list of voters used in thepreceding election;

(2) Proof that his application was denied or not acted upon by theBoard;

(3) Proof that the petitioner has served notice of his application tothe Board

Annulment of Book of Voters

(Sec. 39, R.A. 8189)

The book of voters refers to the compilation of all registrationrecords in a precinct. (Sec. 3c, R.A. 8189)

WHO MAY FILE PETITION FOR ANNULMENT:

(1) Any voter;(2) Any election officer;(3) Any duly registered political party

GROUNDS:

(1) The book of voters was not prepared in accordancewith the provisions of R.A. 8189;

(2) The book of voters was prepared through:

Fraud;

Bribery;

Forgery;

Impersonation;

Intimidation;

Force; or

Any similar irregularity

(3) The book of voters contains data that are statisticallyimprobable

The book of voters shall be annulled after due notice and hearing byCOMELEC after the filing of a verified petition. No order, ruling or decannulling a book of voters shall be executed within 90 days beforeelection.

Deactivation and reactivation of registration

Deactivation of registration (Sec. 27, R.A. 8189)

CAUSES OF DEACTIVATION:

(1) The 3 grounds for disqualification to vote, namely:

(a) Sentence by final judgment to sufferimprisonment for not less than one (1) year,such disability not having been removed byplenary pardon or amnesty;

(b) Adjudgment by final judgment of havingcommitted any crime involving disloyalty to theduly constituted government (e.g. rebellion,sedition, violation of the firearms law) or anycrime against national security, unless restored

to his full civil and political rights in accordancewith law;

(c) Declaration of insanity or incompetence bycompetent authority, unless subsequentlyremoved;

(2) Failure to vote in the 2 successive precedingregular elections, as shown by the voting records(Note: SK elections are NOT considered regularelections for this purpose);

(3) Court order for exclusion of registration; and

(4) Loss of Filipino citizenship

Reactivation of registration (Sec. 28, R.A. 8189)

PETITION FILED:Sworn application for reactivation of registration inthe form of an affidavit stating that the grounds forthe deactivation no longer exist

WHO MAY FILE:Any voter whose registration has been deactivated

WHERE FILED:With the Election Officer, who shall then submitsuch application to the Election RegistrationBoard for appropriate action.

WHEN FILED:

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Not later than 120 days before a regular electionand 90 days before a special registration

REGISTRATION OF POLITICAL PARTIES

Political Party defined

- an organized group of persons pursuing the same ideology, political ideasor platforms of government and includes its branches and divisions. (Sec.60, BP 881)

- an organized group of citizens 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, regularlynominates and supports certain of its leaders and members as candidatesfor public office. (Sec. 3c, R.A. 7491)

2 Kinds:(1) national party, i.e. a party whose constituency is spread over thegeographical territory of at least a majority of the regions; and(2) regional party, i.e. a party whose constituency is spread over the

geographical territory of at least a majority of the cities and provincescomprising the region.

Purpose of registration

The purpose of registration of political parties with theCOMELEC is to enable them to:

(1) Acquire juridical personality;

(2) Qualify for subsequent accreditation; and

(3) Entitle them to the rights and privileges granted topolitical parties. (Sec. 60, BP 881)

Rights and privileges granted

A registered political party is entitled to the following rights andprivileges:

To be voted upon as a party, provided that it is registered

under the party-list system ( Art. IX-C, Sec. 7, 1987Constitution);

To have a watcher in every Election Registration Board

(Sec. 15, R.A. 8189);

To inspect and/or copy at its expense the accountable

registration forms and/or the list of registered voters in theprecincts constituting the constituency at which the politicalparty is fielding candidates (Sec. 42, R.A. 8189)

To have a watcher and/or representative in the procurement

and watermarking of papers to be used in the printing ofelection returns and official ballots and in the printing,numbering, storage and distribution thereof (Sec. 8, R.A.

6646);

To have watchers who shall verify the contents of the boxes

containing the shipment of official ballots, election returnsand sample official ballots received by the provincial, cityand municipal treasurers (Sec. 189, BP 881. Note that this

privilege is only available to the ruling party and thedominant opposition party.);

To have one watcher in every polling place and canvassing

center (Sec. 26, R.A. 7166);

To be present and to have counsel during the canvass of

the election returns (Sec. 25, R.A. 6646)

To receive the 4th copy (if the dominant majority party) or

the 5th copy (if the dominant minority party) of the electionreturns (Sec. 27, R.A. 7166 as amended by R.A. 8045 andR.A. 8173)

Procedure

(1) The political party seeking registration may file withCOMELEC a verified petition attaching thereto its constitand by-laws, platform or program of government and

other relevant information as may be required byCOMELEC.

(2) The COMELEC shall require publication of the petitioregistration or accreditation in at least three newspapegeneral circulation.

(3) After due notice and hearing, the COMELEC shall resolvepetition within 10 days from the date it is submitteddecision. (Sec. 61, BP 881. Note however the discrepwith Sec. 62 which states that resolution of the petitionregistration or accreditation shall be 15 days from the dasubmission for decision.)

Who may not be registered

The following may not be registered as political parties:

religious denominations and sects (Art. IX-C, Sec.

2 (5), 1987 Constitution; Sec. 61, BP 881)

those which seek to achieve their goals through

violence or unlawful means (Art. IX-C, Sec. 2 (5),1987 Constitution, Sec. 61, BP 881)

those which refuse to uphold and adhere to the

Constitution (Art. IX-C, Sec. 2 (5), 1987Constitution)

those supported by foreign governments (Art. IX-C,

Sec. 2 (5), 1987 Constitution)

Forfeiture of status and cancellation of registration

Forfeiture of status

Any registered political party that, singly or in coalition others, fails to obtain at least 10% of the votes cast in the constituencwhich it nominated and supported a candidate or candidates in the elenext following its registration shall, after notice and hearing be deemehave forfeited such status as a registered political party in constituency. (Sec. 60, BP 881)

Cancellation of registration

The following are grounds for cancellation of registration

political party:

(1) Accepting financial contributions from foreign governmentsor their agencies (Art. IX-C, Sec. 2 (5), 1987 Constitution);

(2) The party is a religious sect or denomination, organizationor association organized for religious purposes (Sec. 6 (1),R.A. 7941);

(3) The party advocates violence or unlawful means to seek itsgoal (Sec. 6 (2), R.A. 7941);

(4) The party is a foreign party or organization (Sec. 6 (3), R.A.7941);

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(5) The party is receiving support from any foreign government,foreign political party, foundation, organization, whetherdirectly or through any of its officers or members orindirectly through third parties for partisan election purposes(Sec. 6 (4), R.A. 7941);

(6) The party violates or fails to comply with laws, rules orregulations relating to elections (Sec. 6 (5), R. A. 7941);

(7) The party declares untruthful statements in its petition forregistration (Sec. 6 (6), R.A. 7941);

(8) The party has ceased to exist for at least 1 year (Sec. 6 (7),R.A. 7941);

(9) The party fails to participate in the last 2 preceding elections(Sec. 6 (8), R.A. 7941);

(10) If registered under the party-list system, the party fails toobtain at least 2% of the votes in the 2 preceding electionsfor the constituency in which it has registered. (Sec. 6 (8),R.A. 7941)

Under the party-list system, the COMELEC may refuse or cancelregistration eithermotu propio or upon verified complaint of any interested

party, after due notice and hearing. (Sec. 6, R.A. 7941)

Nomination and selection of official candidates

(Sec. 6, R.A. 7166)

No political convention or meeting for the nomination or electionof the official candidates of any political party or organization or politicalgroups or coalition thereof shall be held earlier than the following periods:

Pres., VP, Senators: 165 days before the date of the election

Members of the House of Representatives 75 days before the dayof

Elective Provincial, City or Municipal Officers the election

REGISTRATION FOR PARTY-LIST

Party-list system defined

- a mechanism of proportional representation in the election ofrepresentatives to the House of Representatives from national, regionaland sectoral parties or organizations or coalitions thereof registered withthe COMELEC. Component parties or organizations of a coalition mayparticipate independently, provided the coalition of which they form partdoes not participate in the party-list system. (Sec. 3, R.A. 7941)

Purpose of party-list system

- to enable Filipino citizens belonging to marginalized andunderrepresented sectors, organizations and parties, and who lack well-

defined political constituencies but who could contribute to the formulationand enactment of appropriate legislation that will benefit the nation as awhole, to become members of the House of Representatives. (Sec. 2,R.A. 7941)

Who may be registered

(1) Political parties (See discussion in previous section);

(2) Sectoral parties, i.e. organized groups of citizens belongingto the labor, peasant, fisherfolk, urban poor, indigenouscultural communities, elderly, handicapped, women, youth,veterans, overseas workers, and professional sectors, andwhose principal advocacy pertains to the special interestand concerns of their sector (Sec. 3d, R.A. 7941);

(3) Sectoral organizations, i.e. groups of citizens or coalitions ofgroups of citizens who share similar physical attributes orcharacteristics, employment, interest or concerns (Sec. 3e,R.A. 7941);

(4) Coalitions, i.e. aggrupations of duly registered national,regional, sectoral parties or organizations for political and/orelection purposes (Sec. 3f, R.A. 7941)

Parties, organizations or coalitions that are already registered

the COMELEC need not register anew. However, should they wisparticipate in the party-list system, they must file with the COMELEmanifestation of such desire to participate not later than 120 days bethe election. (Sec. 4, R.A. 7941, as amended by Sec. 11, R.A. 8436)

Procedure for registration

PETITION:Petition verified by the party/organization/coalition'spresident or secretary. The petition must state itsdesire to participate in the party-list system as anational, regional or sectoral party or organization or acoalition of such parties or organizations.

WHEN FILED:Not later than 90 days before the election

ATTACHMENTS:(1) Constitution;(2) By-laws;(3) Platform or program of government;(4) List of officers;(5) Coalition agreement (as applicable);(6) Other relevant information as may be

required by the COMELEC

After due notice and hearing, the COMELEC shall resolvepetition within 15 days from the date it was submitted for decision, bulater than 60 days before election. (Sec. 5, R.A. 7941)

Grounds for refusal and/or cancellation of registration

The following are grounds for refusal and/or cancellatioregistration of a party, organization or coalition wishing to participate inparty-list system:

1. Accepting financial contributions from foreign governmentsor their agencies (Art. IX-C, Sec. 2 (5), 1987 Constitution);

2. The party is a religious sect or denomination, organizationor association organized for religious purposes (Sec. 6 (1),R.A. 7941);

3. The party advocates violence or unlawful means to seek itsgoal (Sec. 6 (2), R.A. 7941);

4. The party is a foreign party or organization (Sec. 6 (3), R.A.

7941);

5. The party is receiving support from any foreign government,foreign political party, foundation, organization, whetherdirectly or through any of its officers or members orindirectly through third parties for partisan election purposes(Sec. 6 (4), R.A. 7941);

6. The party violates or fails to comply with laws, rules orregulations relating to elections (Sec. 6 (5), R. A. 7941);

7. The party declares untruthful statements in its petition forregistration (Sec. 6 (6), R.A. 7941);

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8. The party has ceased to exist for at least 1 year (Sec. 6 (7),R.A. 7941);

9. The party fails to participate in the last 2 preceding elections(Sec. 6 (8), R.A. 7941);

10. If registered under the party-list system, the party fails toobtain at least 2% of the votes in the 2 preceding electionsfor the constituency in which it has registered. (Sec. 6 (8),R.A. 7941)

The COMELEC may refuse or cancel registration either motuproprio or upon verified complaint of any interested party, after due noticeand hearing. (Sec. 6, R.A. 7941)

Nomination of party-list representatives

(Sec. 8, R.A. 7941)

Each registered party, organization or coalition shall submit tothe COMELEC a list of not more than 5 names from which party-listrepresentatives shall be chosen in case it obtains the required number ofvotes. This list must be submitted not later than 45 days before theelection.

The nomination of party-list representatives is subject to thefollowing limitations:

(1) The nominee must have all of the qualifications andnone of the disqualifications for the exercise of theright of suffrage. Moreover, he/she must be aregistered voter, able to read and write, and at least 25years on the day of the election.

In case of youth sector nominees, such nomineesmust be at least 25 but not more than 30 yrs. old onthe day of the election. (Sec. 9)

(2) The nominee must be a bona fide member of the partyor organization which he/she seeks to represent for atleast 90 days preceding the day of the election. (Sec.9)

(3) An elected party-list representative who changes hispolitical party or sectoral affiliation within 6 monthsbefore an election is not eligible for nomination asparty-list representative under his new party ororganization. (Sec. 15)

(4) A person may be nominated in 1 list only. (Sec. 8)

(5) Only persons who have given their consent in writingmay be named in the list. (Sec. 8)

(6) The list cannot include any candidate for any electiveoffice or any person who has lost his bid for an electiveoffice in the immediately preceding election. (Sec. 8)

(7) Changes of name or alterations in the order ofnominees are generally not allowed after the list hasbeen submitted to the COMELEC. However, thesemay be allowed when the nominee either:

(a) Dies; or (b) Withdraws his nomination in writing; or(c) Becomes incapacitated

in which case the substitute nominee shall be placedlast in the list (Sec. 8)

Party-list and district representatives distinguished

Every voter is entitled to 2 votes: the first is a vote for candidate

for member of the House of Representatives in his legislative district,the second, a vote for the party, organization, or coalition he wrepresented in the House of Representatives.

Party-list representative District repre

Scope of electorate Elected nationally, withparty-list organizationsgarnering at least 3% ofall the votes cast for theparty-list system entitledto 1 seat, which is

increased according toproportionalrepresentation, but is inno way to exceed 3 seatsper organization

Elected accolegislative distrconstituents district

Residencerequirement

No special residencyrequirement

Must be a residlegislative distrleast 1 year imbefore the elect

Manner of election Voted upon by party ororganization. It is onlywhen a party is entitled torepresentation that itdesignates who will sit asrepresentative.

Elected personaname.

Effect of disaffiliation withparty

Loses his seat, in whichcase he/she will besubstituted by anotherqualified person in theparty / organization basedon the list submitted tothe COMELEC.

Does not loshe/she changeaffiliation.

Effect of vacancy A substitution will bemade within the party,based on the listsubmitted to theCOMELEC.

A special electiheld provided vacancy takesleast 1 year bnext election.

Effect of change in

affiliation within 6months prior toelection

A party-list representative

is prohibited from sittingas representative underhis new party or organization.

This does not

district repfrom running new party.

Effect of loss duringprevious election

A party-list representativecannot sit if he ran andlost in the previouselection.

A district represnot preventerunning again arepresentative lost during theelection.

ACCREDITATION OF A CITIZENS' ARM

Who may be accredited

Any bona fide non-partisan group, association or organizatio

-from the civic, youth, professional, educational, business or lsectors

- with identifiable leadership, membership and structure,

- and with demonstrated capacity to promote the public inteand assist the COMELEC in the performance of its functionsactivities as mandated by the Constitution and by law

(Rule 33, Sec. 1, COMELEC Rules of Procedure)

Procedure for accreditation

(1) FILING OF PETITION FOR ACCREDITATION

Any group seeking accreditation may file a petition for accreditaduly verified by its President, Chairman of the Board of Director

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any of its duly authorized officers.

The petition for accreditation must state the following:

(a) The constituency to which petitioner seeks accreditation;

(b) That it is not supporting any candidate, political party,organization or coalition of political parties, in theconstituency where it seeks accreditation;

(c) Nature of its membership; names of its officers ororganizers, location of principal office or place of business,

and an assurance of its capability to undertake acoordinated operation and activity to assist the COMELEC;

(d) That it shall submit itself to the direct and immediate controland supervision and comply with the orders of theCOMELEC in the performance of its specific functions andactivities provided by law, and such other functions andactivities provided by law, and such other functions andactivities which the COMELEC may assign;

(e) That it shall strictly remain non-partisan and impartial duringthe registration and election periods;

(f) That it is not supported by or under the influence of anyforeign government or any of its agencies orinstrumentalities; or of any foreigner, whether natural or

juridical person;

(g) That it shall not solicit or receive, directly or indirectly, anycontribution or aid of whatever form or nature from anyforeign government or any of its agencies orinstrumentalities, or from any foreigner, whether natural or

juridical person;

(h) That it does not seek to achieve its objectives, goals orprograms through violence or other unlawful means, noraim to propagate any ideology opposed to the principles ofa republican and democratic government; and

(i) That it undertakes to police its ranks and prevent infiltrationby persons or groups of persons who may, directly orindirectly, destroy its character of non-partisanship andimpartiality.

(2) SETTING OF PETITION FOR HEARING

Upon the filing of the petition, the COMELEC en banc shallimmediately set the petition for hearing. The COMELEC may orderthe publication of the petition in a newspaper of general circulation if itdeems such necessary. Publication shall be at the expense of thepetitioner.

(3) HEARING OF PETITION

The accreditation of the petitioner may be opposed by any person,group, association, group or organization, political party or coalition ofpolitical parties possessing relevant information or evidence againstthe petitioner by filing a verified opposition.

However, notwithstanding the absence of any opposition, the

COMELEC may motu proprio require the petitioner to presentevidence to support its petition for accreditation.

(4) DECISION

The COMELEC shall then render its decision. If the decision is for theaccreditation of the petition, a certificate of accreditation shall beissued stating the following:

(a) The name of the group or organization;

(b) The constituency to which it is accredited; and

(c) The political exercise for which it is accredited

Revocation and expiration of accreditation

REVOCATION: May be done by the COMELEC after notice and heafor any of the following acts:

(1) The citizens' arm has showed or acted with partiality in anypolitical issue or to any political party, organization orcoalition of political parties;

(2) It has performed acts in excess of its duties and functionsas provided by law; or

(3) It has failed to comply with the conditions imposed upon it in

the decision granting accreditation.

EXPIRATION: The accreditation automatically lapses at the enthe election period of the political exercise for which the petitioner accredited as citizens' arm.

CERTIFICATES OF CANDIDACY

Candidate defined

Any person aspiring for or seeking an elective public office, who has filcertificate of candidacy by himself or through an accredited political paggroupment, or coalition of parties. (Sec. 79, BP 881)

Guest Candidacy

A political party may nominate and/or support candidatesbelonging to it. (Sec. 70, BP 881) Note however that this is not applicin cases of political parties registered under the party-list systemnominees must necessarily be bona fide members of the party.

Qualifications

See the provisions of the Constitution for the qualificationcandidates for President, Vice-President, Senator, and Member ofHouse of Representatives.

See the provisions of the Local Government Code forqualifications of local elective officials.

Qualifications prescribed by law are continuing requirementsmust be possessed for the duration of the officer's active tenure. Onceof the required qualifications are lost, his title to the office maseasonably challenged. (See Frivaldo v. COMELEC, 174 SCRA Labo v. COMELEC, 176 SCRA 1)

Filing of certificate of candidacy

To be eligible for any elective public office, one must fcertificate of candidacy within the period fixed by the Omnibus ElecCode.

Mode of Filing

Certificates must be filed by the candidate personally or bduly authorized representative. No certificate shall be filed by telegram or facsimile. (Sec. 7, R.A. 7166)

Time of Filing

Certificates of candidacy must be filed in 12 legible copieslater than 120 days before the elections. (Sec. 11, R.A. 8436)

Place of Filing

The certificates of candidacy shall be filed in the folloplaces:

President |Vice-Pres | COMELEC main office (Mla)Senator |

Congressman - Provincial election supervisor

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f NCR district: File with Regional Election Director

f legislative district in cities outside NCR which comprise one or moreegislative districts: File with City election registrarconcerned

Provincial Offices - Provincial election supervisor

City / Municipal Offices - City or municipal election registrar

Contents of certificate of candidacy

The certificate of candidacy shall state the following:

That the person filing the certificate is announcing hiscandidacy for the office stated therein and that he or she iseligible for such office;

The political party to which the candidate belongs;

Civil status;

Date of birth;

Residence;

Post office address for all election purposes;

Profession or occupation;

That he / she will support and defend the Constitution of thePhilippines and will maintain faith and allegiance thereto;

That he / she will obey the laws, legal orders, and decreespromulgated by the duly constituted authorities;

That he / she is not a permanent resident or immigrant to aforeign country;

That the obligation imposed by oath is assumed voluntarily,without mental reservation or purpose of evasion;

That the facts stated in the certificate of candidacy are trueto the best of his knowledge.

Effects of filing

Note: Sec. 67 of BP 881 and the first proviso of Sec. 11 ofR.A. 8436 (which states that "Any elective official, running for any officerother than one which he is holding in a permanent capacity, except forPresident and Vice-President, shall be considered ipso facto resignedupon the start of the campaign period") have been repealed by Sec. 14 ofR.A. 9006 (Fair Election Act of 2001).

Any mass media columnist, commentator, announcer, reporter,on-air correspondent or personality who is a candidate for any electivepublic office shall be deemed resigned, if so required by his/her employer,or shall take a leave of absence from his/her work as such during thecampaign period. (Sec. 6.6, R.A. 9006)

Withdrawal of certificate

A person who has filed a certificate of candidacy may withdrawthe same prior to the election by submitting to the office concerned awritten declaration under oath.

If a candidate files a certificate of candidacy for more than 1office, he shall not be eligible for any of them. However, he may declareunder oath the office for which he desires to be eligible and cancel thecertificate of candidacy for the other office or offices provided that this isdone before the expiration of the period for the filing of certificates ofcandidacy. (Sec. 73, BP 881)

The filing of the withdrawal shall not affect whatever civil,criminal, or administrative liabilities which a candidate may have incurred.(Sec. 73, BP 881)

RAMIREZ V. COMELEC

The certificate of candidacy of petitioner for the officprovincial board member was filed by his political party. 15 minutes bthe deadline, he filed his certificate of candidacy for mayor. 8 days he filed a petition to withdraw his certificate of candidacy for the officthe board member and to declare subsisting his certificate of candidacmayor, attaching his written declaration under oath withdrawingcertificate of candidacy for board member.

Since the certificate of candidacy for the position of b

member was filed by his party and the said party had withdrawn nomination, there was substantial compliance with Sec. 73 of the OmnElection Code. His filing under oath within the statutory period oindividual candidacy for mayor was a rejection of the party nominatiothe other officer.

Disqualifications

According to Prof. Barlongay, disqualifications may be classinto 4 categories: (1) status; (2) acts; (3) nuisance candidacy; anfalsity of material representation in the certificate of candidacy.

Status

(1) Lack of Filipino citizenship;

(2) Lack of residency requirement;

(3) Insanity or incompetence, as declared by competent auth

(4) Permanent residence or immigrant status in aforeign country, unless such person has waived hisstatus as permanent resident or immigrant inaccordance with the residence requirementprovided for in the election laws (Sec. 68, BP 881)

Acts

(1) Sentence by final judgment for:

Subversion, insurrection, rebellion;

Any offense for which the candidate has beensentenced to a penalty of more than 18 months ofimprisonment;

Any offense involving moral turpitude;

Moral turpitude is an act of a baseness, vileness, ordepravity in the private duties which a man owes tohis fellow men, or to society in general, contrary to theaccepted and customary rule of right and dutybetween man and woman or conduct contrary to

justice, honesty, modesty or good morals. Thegeneral rule is that crimes mala in se involve moralturpitude while crimes mala prohibita do not. Moralturpitude implies something immoral in itself,regardless of the fact that it is punishable by law ornot. (Dela Torre v. COMELEC, 191 SCRA 229)

Having given money or other material

consideration to influence, induce or corrupt thevoters or public officials performing electoralfunctions (Sec. 68a, BP 881);

Having committed acts of terrorism to enhance his

candidacy (Sec. 68b, BP 881);

Having spent in his election campaign an amount in

excess of that allowed by the Omnibus Election Code(Sec. 68c, BP 881);

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Having solicited, received or made any contribution

prohibited under the Omnibus Election Code (Sec. 68d,BP 881; cf. Secs. 89, 95, 96, 97 and 104);

Having engaged in election campaign or partisan

political activity outside the campaign period and notpursuant to a political party nomination (Sec. 68e, BP881, cf. Sec. 80);

Having removed, destroyed, obliterated, defaced or

tampered with or prevented the distribution of lawfulelection propaganda (Sec. 68e, BP 881, cf. Sec. 83);

Having violated the rules and regulations on election

propaganda through mass media (Sec. 68e, BP 881,cf. Sec. 86);

Having coerced, intimidated, compelled, or in any

manner influenced, directly or indirectly, any of hissubordinates or members, or employees, etc. to aid,campaign or vote for or against any candidate or anyaspirant for the nomination or selection of candidates(Sec. 68e, BP 881, cf. Sec. 261d);

Having directly or indirectly threatened, intimidated, or

actually caused, inflicted or produced any violence,injury, punishment, damage, loss or disadvantage uponany person or that of the immediate members of hisfamily, his honor or property, or used any fraudulentdevice or scheme to compel or induce or prevent theregistration of any voter, or the participation in anycampaign, or the casting of any vote, or any promise ofsuch registration, campaign, vote, or omissiontherefrom (Sec. 68e, BP 881, cf. Sec. 261e);

Having engaged in unlawful electioneering (Sec. 68e,

BP 881, cf. Sec. 261k);

Having violated the prohibition against release,

disbursement or expenditure of public funds 45 daysbefore a regular election (or 30 days in the case of aspecial election) (Sec. 68e, BP 881, cf. Sec. 261v);

Having solicited votes or undertaken any propaganda

on the day of election for or against any candidate orany political party within the polling place or within aradius of 30 m. thereof (Sec. 68e, BP 881, cf. Sec.251cc)

Nuisance candidacy

A nuisance candidate is one who files a certificate of candidacy:

(a) To put the election process in mockery or disrepute;or

(b) To cause confusion among the voters by the similarityof the names of the registered candidates, or

(c) Clearly demonstrating that he/she has no bona fideintention to run for the office which the certificate ofcandidacy has been filed, and thus prevents a faithfuldetermination of the true will of the electorate. (Sec.69, BP 881)

Falsity of material representation

Falsity of a material representation in the certificate of candidacys a ground for the denial of due course to or cancellation of a certificate ofcandidacy under Sec. 78 of BP 881.

Disqualifications under the Local Government Code (Sec. 40, R.A.7160)

(1) Those sentenced by final judgment for an offense punishby one year or more of imprisonment and within 2 years serving sentence.

(2) Those removed from office as a result of an administrcase.

REYES V. COMELEC

Reyes, the incumbent mayor, was found guilty inadministrative complaint. Despite this, he filed a certificate of candid

Although the COMELEC disqualified him, the Board of EleCanvassers, unaware of COMELECs decision to disqualify proclaimed Reyes as the mayor.

The election of Reyes did not render the administrative chaagainst him moot and academic. The decision to remove him was seon Reyes and thereafter became final because he failed to appeal toOffice of the President. He was therefore validly removed from officepursuant to the Local Government Code, was disqualified from runninre-election.

(3) Those convicted by final judgment for violating the oaallegiance to the Republic of the Philippines.

(4) Those with dual citizenship.

See Mercado v. Manzano (LocGov)

(5) Fugitives from justice in criminal and non-political cases and abroad.

A "fugitive from justice" includes "not only thosewho flee after conviction to avoid punishment, butlikewise those who, after being charged, flee toavoid prosecution." (Marquez v. COMELEC, 243SCRA 358)

In the case of Rodriguez v. COMELEC (G.R. No.120099, July 24, 1996), it was held that Rodriguezcould not be considered a "fugitive from justice"because his arrival in the Philippines from the U.S.preceded the filing of the felony complaint in theLos Angeles Court and the issuance of the arrest

warrant by the same foreign court by almost 5months. The Supreme Court held that the intent toevade is the compelling factor that animates onesflight from a particular jurisdiction. And there canonly be an intent to evade prosecution orpunishment when there is knowledge by the fleeingsubject of an already instituted indictment, or of apromulgated judgment of conviction.

(6) Permanent residents in a foreign country or those who acquired the right to reside abroad and continue to avathe same right after the effectivity of the Local GovernmCode.

FRIVALDO V. COMELEC

Frivaldo was previously declared as an alien. Despite this

was able to file his certificate of candidacy. The election occurred on8, 1995. Frivaldo was able to re-acquire Philippine citizenship on June1995 through repatriation by taking his oath of allegiance at 2:00 p.m.

Philippine citizenship is an indispensable requirement for hoan elective public office. An official begins to govern or dischargefunctions only upon his proclamation and on the day the law mandatesterm of office to begin. Since Frivaldo re-assumed his citizenship onvery day the term began, he was therefore already qualified toproclaimed, to hold such office and to discharge the functions responsibilities thereof as of the said date.

(7) Those who are insane or feeble-minded.

Special Disqualifications under the Lone Candidate Law(Sec. 4, 8295)

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The following persons are disqualified from running ina special election called to fill the vacancy in an elective office, providedthat evidence of their guilt is strong:

(1) Any elective official who has resigned from hisoffice by accepting an appointive office or forwhatever reason which he previously occupiedbut has caused to become vacant due to hisresignation;

(2) Any person who, directly or indirectly, coerces,

bribes, threatens, harasses, intimidates, oractually causes, inflicts or produces anyviolence, injury, punishment, torture, damage,loss or disadvantage to any person or personsaspiring to become a candidate or that of theimmediate member of his family, his honor orproperty that is meant to eliminate all otherpotential candidate.

Effect of death, disqualification or withdrawal

If the death, disqualification or withdrawal occurs:

- after the last day for filing of the certificates of candidacy ONLY aperson belonging to, and certified, by the same political party, may file acertificate of candidacy to replace him.

- between the day before the election and mid-day of the election day the certificate may be filed with any Board of Election Inspectors in thepolitical subdivision where he is a candidate or with the COMELEC if it is anational position. (Sec. 77, BP 881)

Petition to deny due course or to cancel certificate

A verified petition to deny due course to or cancel a certificate ofcandidacy may be filed by any person EXCLUSIVELY on the ground that amaterial misrepresentation contained therein as required is false. Suchpetition shall be filed any time not later than 25 days from the time of filingof the certificate, and shall be decided not later than 15 days before theelection. (Sec. 78, BP 881)

Prohibition against Multiple Candidacies

No person shall be eligible for more than one office to be filled inthe same election, and if he files his certificate of candidacy for more thanone office, he shall not be eligible for any of them.

However, before the expiration of the period for the filing ofcertificates of candidacy, the person who was filed more than onecertificate of candidacy may declare under oath the office for which hedesires to be eligible and cancel the certificate of candidacy for the otheroffice or offices.

The filing or withdrawal of a certificate of candidacy shall notaffect whatever civil, criminal or administrative liabilities which a candidatemay have incurred.

Certified List of Candidates

The COMELEC shall cause to be printed a certified list ofcandidates for each office to be voted for in each province, city ormunicipality immediately followed by the nickname or stage name of thecandidate and his political affiliation, if any. The list shall be posted insideeach voting booth.

Whenever practicable, the Board of Election Inspectors shallcause said list of candidates to be written on the blackboard or manilapaper for posting inside the polling place. The names of all candidatesfollowed by his nickname or stage name shall also be printed in theelection returns and tally sheets. (Sec. 4, R.A. 6646)

ELECTION CAMPAIGN & EXPENDITURES

ELECTION CAMPAIGN

Election campaign or partisan political activity

It is an act designed to promote the election or defeat particular candidate or candidates to a public office.

It does not include public expressions of opinions or discussof probable issues in a forthcoming election or on attributes or criticismprobable candidates proposed to be nominated in a forthcoming polparty convention.

Prohibitions

Members of the board of election inspections are

prohibited from engaging in any partisan politicalactivity or from taking part in the election except todischarge their duties as such and to vote. (Sec. 173,BP 881)

Officers or employees of the civil service are prohibited

from engaging directly or indirectly in any electioneeringor partisan political campaigns. (Art. IX-B, Sec. 2 (4),1987 Constitution)

Members of the military are prohibited from engaging

directly or indirectly in any partisan political activityexcept to vote. (Art. XVI, Sec. 5 (3), 1987 Constitution)

Campaign period

It is prohibited for any person, political party or associatiopersons to engage in an election campaign or partisan political acexcept during the campaign period. Violation of this prohibition constian election offense. (Sec. 80, B.P. 881)

Lawful election propaganda

(Sec. 3, R.A. 9006)

The following are lawful election propaganda:

Pamphlets, leaflets, cards, decals, stickers, or otherwritten or printed materials the size of which does notexceed 8 inches in width and 14 inches in length;

Handwritten or printed letters urging voters to vote foror against any particular political party or candidate forpublic office;

Cloth, paper or cardboard posters, whether framed orposted, with an area not

exceeding 2 feet by 3 feet.

NOTE: Streamers not exceeding 3 feet by 8 feet in size areallowed at the site and on occasion of a public meeting orrally or in announcing the holding of such meeting or rally.Such streamers may be displayed 5 days before the date of

the meeting or rally and shall be removed within 24 hoursafter said meeting or rally.

Paid advertisements in print or broadcast media. Suchadvertisements must comply with the followingrequirements:

Any published or printed political matter and any

broadcast of election propaganda by TV or radiofor or against a candidate or group of candidatesto any public office shall bear and be identified bythe reasonably legible or audible words politicaladvertisement paid for followed by the true andcorrect name and address of the candidate orparty for whose benefit the election propaganda

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was printed or aired. (Sec. 4.1, R.A. 9006)

If the broadcast is given free of charge by the

radio or TV station, it shall be identified by thewords "airtime for this broadcast was providedfree of charge by" followed by the true and correctname and address of the broadcast entity. (Sec.4.2, R.A. 9006)

Print, broadcast or outdoor advertisements donated

to the candidate or political party shall not be

printed, published, broadcast or exhibited withoutthe written acceptance by the said candidate orpolitical party. Such written acceptance must beattached to the advertising contract and submittedto the COMELEC within 5 days after its signing.(Sec. 4.3, R.A. 9006, cf. Sec. 6.3, R.A. 9006)

All other forms of election propaganda not prohibited bythe Omnibus Election Code or the Fair Election Act of2001.

Adiong v. COMELEC (207 SCRA 712)

In this case, the Supreme Court declared as unconstitutionalCOMELEC Resolution No. 2347 insofar as it prohibits the posting of decalsand stickers on cars and other moving vehicles since it infringes on theright to freedom of expression. The restriction is so broad as to includeeven a citizen's privately-owned vehicle, which is equivalent to deprivationof property without due process of law.

Prohibited Acts

t is prohibited:

For any foreigner:

to aid any candidate or political party, directly or

indirectly;

to take part or influence in any manner any election;

to contribute or make any expenditure in connection

with any election campaign or partisan political activity

For any person during the campaign period:

to remove, destroy, obliterate or in any manner deface

or tamper with lawful election propaganda;

to prevent the distribution of lawful election propaganda

For any candidate, political party, organization or any person:

to give or accept, directly or indirectly, free of charge,

transportation, food or drinks or things of value duringthe five hours before and after a public meeting, on theday preceding the election, and on the day of theelection;

to give or contribute, directly or indirectly, money orthings of value for such purpose.

Badoy v COMELEC (35 SCRA 285)

The prohibition against certain forms of election propaganda wasupheld as a valid exercise of police power, to prevent the perversion andprostitution of the electoral apparatus, and of the denial of due process ofaw.

Sanidad vs COMELEC ( 181 SCRA 529)

But this evil does not obtain in a plebiscite where the electorates asked to vote for or against issues not candidates.

Mass Media

Equal access to media time and space

All registered parties and bona fide candidates are guaranequal access to media time and space under the Fair Election Act. Toend, the COMELEC has the power to supervise the use and employmof press, radio and television facilities insofar as the placement of poladvertisements is concerned to ensure that candidates are given eopportunities under equal circumstances to make known their qualificaand their stand on public issues. Of course, such political advertisemmust be within the limits set forth in the Omnibus Election Code and

7166 on election spending.

Pursuant to such end:

Print advertisements shall not exceed 1/4 page, in broadsheet and1/2 page in tabloids thrice a week per newspaper, magazineor other publications, during the campaign period;

Bona fide candidates and registered political parties running fo

nationally elective office are entitled to not more than 120minutes of TV advertisement and 180 minutes of radioadvertisement whether by purchase or by donation;

Bona fide candidates and registered political parties running fo

locally elective office are entitled to not more than 60 minutes

of TV advertisement and 90 minutes of radio advertisementwhether by purchase or by donation;

Broadcast stations or entities are required to submit copies of theirbroadcast logs and certificates of performance to theCOMELEC for the review and verification of the frequency,date, time and duration of advertisement broadcast for anycandidate or political party;

All mass media entities are required to furnish the COMELEC witha copy of all contracts for advertising, promoting or opposingany political party or the candidacy of any person for publicoffice within 5 days after its signing;

No franchise or permit to operate a radio or TV station shall begranted or issued, suspended or cancelled during the election

period.

Media practitioners

Moreover, media practitioners who are officials of a political por members of the campaign staff of a candidate or political pprohibited from using their media time or space to fav