Election Law ReviewAlberto C. Agra
Flow1) Commission on Elections
2) Voters and Voter Registration
3) Elective Officials and Candidates
4) Campaign
5) Elections: Postponement and Failure
6) Election Day: Casting and Counting
7) Canvassing and Pre-Proclamation Cases
8) Post-Proclamation: Election Protest, Quo Warranto, Annulment and Election Offense
1) Commission on Elections
Enforcement: All election laws (persons and policies)
Judicial Power: Qualifications, Election Contests, Not suffrage
Jurisdiction: Original - Regional, Provincial and City; Appellate - Municipal, Barangay and Sangguniang Kabataan
Recourse: En Banc (MR, administrative) and Division (1st instance, judicial)
Process: Division - MR to En Banc - Certiorari to SC
1) Commission on Elections
Judicial: Disqualification, Election Protest, Quo Warranto, Pre-Proclamation, Annulment of Proclamation
Administrative: Failure of Elections, Postponement of Elections, Election Offense, Annulment of Book of Voters
Contempt: Judicial, not Administrative
2) Voters: ConceptsSuffrage is a Right, Not Obligation
Qualifications defined in Constitution
Procedural Requirements allowed, Substantive not allowed
Disqualifications defined in Statute
Must allow: Absentee Voting, Dual Citizens, Disabled and Illiterates to Vote
Relationship with Right to Run for Office
2) Voters: QualificationsFilipino Citizen
At least 18 years of age on election day
Resident in Philippines for at least 1 year prior to election day
Resided in place wherein propose to vote for at least 6 months prior to election day
Free from Disqualifications
In order to vote, must be a registered voter
2) Voters: Disqualifications
Sentenced by final judgment – imprisonment of 1 year or more
Sentenced to suffer accessory penalty – political rights
Adjudged by final judgment – crime involving disloyalty
Court-declared insane and incompetent persons
2) Voters: RegistrationContinuing
Computerized List
200 Voter-Precinct
Permanent but may be changed (+ or -): New Voters; Transfer; Deactivation and Activation; Cancellation; Inclusion and Exclusion; and Annulment of Book of Voters
2) Voters: Opposition
Where Oppose? Election Registration Board
How Oppose? File Written Opposition
Why Oppose? Not Qualified, Fictitious
2) Voters: Deactivation
When Disqualified to Vote
Failed to Vote in 2 preceding elections
When Registration Excluded by the Court
When Lose Filipino Citizenship
2) Voters: Inclusion/ Exclusion
Where File? MTC (not Comelec), then RTC
Grounds? Disapproval or Name Stricken Out (Inclusion); Not Qualified or Voter Not Real (Exclusion)
2) Voters: Inclusion/ ExclusionFile Petition (refer to 1 precinct; ERB members as Respondents)
Service of Notice (4 modes)
Any Voter, Candidate or Political Party may Intervene
Summary Proceedings (not conference inside Chambers)
Presentation of Evidence (No Stipulation of Facts)
Decision within 10 days from Filing
Appeal with RTC (5 days)
2) Voters: Annulment of BV
Where File? COMELEC
Who Files? Any Voter, EO or Party
What Grounds? Book Prepared Improperly, Preparation Attended with Vice or Fraud, Book contains Statistically Improbable Data
2) Voters: Election Day
Illegal Voter
Not registered; Use another name; Disqualified; Multiple Registrant (allowed to vote if properly identified)
Illegal Act
Vote-Buying; Vote-Selling; Vote-Betting: Promise to induce or withhold vote (allowed to vote if take oath)
3) Officials: Elective
National Office
President; Vice-President; Senators (24; 1/2); Representatives (District and Party-List)
Local Office
LCE: Governor, Mayor and Punong Barangay; VLCE: Vice-Governor and Vice-Mayor; Sanggunian Members; Sangguniang Kabataan
3) Officials: Party-List
Multi-Partism/ Party Loyalty/ Social Justice
Exclusive to Marginalized/ Nominees Organic
Only in House (20% of Total)
2% Threshold (and until filled up)
3-Seat Maximum
3) Officials: Candidate
Definition: Seeks public office and files certificate of candidacy
Effect of Non-Filing: Not a candidate (re: liability for unlawful acts and omissions)
Effect of Filing: On Tenure of Incumbents (elective and appointive)
3) Officials: Substitution2 Grounds – Death, Withdrawal and Disqualification
Both Substituted and Substitute must be Qualified
When? Up to mid-day of election day (Rules might set earlier deadline)
Substitute? Qualified and Same Party (or spouse)
Substituted can no longer run for any other position/ Withdrawal not affect liabilities
Votes cast for substituted stray unless same surname
3) Officials: QualificationsSet by the Constitution (for national) and statutes (for local)
CitizenshipAgeResidencyRegistered VoterLiteracy Free from DisqualificationsUndergo Drug Test under CDDA of 2002 (unconstitutional)
3) Officials: DisqualificationsLack qualifications/ possess some disqualificationsViolate Term Rule (1-2-3 terms)Commission of an election offenseNuisance CandidateSentenced by Final Judgment – accessory penaltyWillfully Commits Material MisrepresentationNo valid, timely and properly filed certificate of candidacy
3) Officials: Disqualifications
Lack of Qualifications
Where File: Comelec Division
When File: Before Proclamation
If Not File: Quo Warranto
3) Officials: DisqualificationsElection Offense
What Offenses? Vote-Buying, Terrorism, Unlawful Expenditures, Unlawful Campaign, Coercion of Subordinates, Threats, Prohibition against Release of Public Funds
Where File? Comelec Division
When File? Before Proclamation
If Not File? Election Protest and/ or Election Offense
3) Officials: DisqualificationsNuisance Candidate
Who Is? Campaign Capability, Intention, Performance, Exposure, Platform, Party Affiliation, Organization, Profession, Income, Health, Education, Name
Where File? Comelec Division
When File? Within 5 days from Last Day Filing of Certificate of Candidacy
If Not File: No remedy
3) Officials: DisqualificationsMisrepresentation
Misrepresentation must be Material (pertains to Qualifications and Disqualifications) and Willful/ Deliberate; Even if there is ‘Misrepresentation”, if actually Qualified – Not Disqualified
Where File? Comelec Division
When File? 25 days from Filing of CoC
If Not File: No remedy
4) Campaign: Concept
Definition: Act designed to promote or defeat a candidate
Determining Factor: Intent/ Design (not all acts of beneficence are considered campaigning)
Application: All Candidates for All Elective Offices
Current Framework: Regulated but Liberalized
4) Campaign: Allowable Forms
Forming Organizations
Holding Rallies
Making Speeches
Distributing Campaign Materials
Soliciting Votes
Publishing Advertisements
4) Campaign: Propaganda
Paid Political Advertisements
Free Space and Airtime
Use of Gadgets and Billboards
Private Poster Areas
Posting in Private Places
Election Surveys and Exit Polls
4) Campaign: Written Forms
Printed Materials (8.5”Wx14”L)
Letters
Posters (2’x3’), Poster Areas (12’x16’)
Rally Streamers (3’x8’)
4) Campaign: Paid Ads
Print: 1/4th page in broadsheet, ½ in tabloid 3x a week
Television: 120 minutes (for national) and 60 minutes (for local)
Radio: 180 minutes (for national) and 90 minutes (for local)
5) Elections: Postponement
Grounds: Force majeure, Violence, Terrorism, Loss or Destruction of Election Paraphernalia, and Analogous Causes
Extent: Serious and Impossible to have free and orderly elections
Conditions: Grounds must exist before voting
Authority: Comelec en banc (petition or motu propio)
5) Elections: Failure
Grounds: Force majeure, Violence, Terrorism, Fraud, and Analogous Causes
Extent: Failure to elect and affect results of elections
Conditions: Election not held or suspended, After voting, During preparations or transmission of election returns, Canvassing
Authority: Comelec en banc (petition)
6) Election Day: Pre-CastingPolling Places are Opened
Election Paraphernalia and Book of Voters Presented and Examined in Public
BEI Chair Opens Ballot Box (turn upside down)
BEI Locks Ballot Box
BEI Chair and Poll Clerk Sign at the Back of Each Ballot
Watchers Present their Credentials
6) Election Day: CastingVoters Vote in Order of their Entrance
Voter Approaches BEI Chair
BEI Verifies Identity
BEI Chair Announces Name (Voter may be Challenged: Illegal Voter or Illegal Acts)
Voter Signs in EDCVL
BEI Chair Enters Ballot Number in EDCVL
6) Election Day: CastingBEI Chair Signs at the Back of BallotBEI Chair Delivers 1 Ballot to VoterVoter Proceeds to Voting Booth (If Voter spoils ballot, must be surrendered and given another)Voter Delivers Folded Ballot to BEI Chair Voter Affixes Thumbmark in CouponBEI Chair Verifies Ballot NumberVoter Affixes Thumbmark in EDCVL
6) Election Day: Casting
Chair applies indelible ink on right forefinger nail of voter
BEI Chair Signs EDCVL
BEI Chair Detaches Coupon and Deposit Folded ballot in Compartment for Valid Ballots and Coupon in Compartment for Spoiled Ballots
Voter Departs
6) Election Day: CountingCounting in Public and Without Interruption
Ballot Box Opened and Ballots Counted
Excess Ballots Disposed of
Marked Ballots Ascertained and Not Counted
Ballots Unfolded, then Placed in Piles of 100, then Read Ballots of 1st Pile 1-by-1, BEI Chair Affixes Thumbmark, Totals after Reading of each Pile
During Counting, Chairperson reads names, Poll Clerk Records on Election Returns, 3rd Member Records on Tally Board
6) Election Day: Counting
Rules on Appreciation Followed (Objections may be made)
Valid Ballot
Intent Rule
3 Ss: Surname, Sitting Official (Incumbent) and Slate
Distinguish Stray Vote and Invalid Ballot
6) Election Day: CountingProclamation of Results (Alterations and Corrections can be made Before Announcement)
Sealing of Counted Ballots and Election Returns and Certification of Tally Sheet
Issuance of Certificate of Votes
Delivery of Ballot Boxes and Election Paraphernalia to Local Treasurer
7 Copies of Election Returns Distributed
7) Canvassing: Concepts
Collegial Body: Board of Canvassers
Determination: Due execution and authenticity of ERs and CoCs
Scope: Canvassing, Pre-Proclamation Controversies or Manifest Errors, and Proclamation
7) Canvassing: Pre-ProcGrounds Exclusive (BoC Composition/ Proceedings and ER/ CoC)
No Pre-Proclamation Cases for National Positions (only Manifest Errors)
Face of Election Returns (No evidence aliunde)
Not violence, voting, voters, appreciation of ballots
2-Objection Rule: Verbal then Written
7) Canvassing: Pre-Proc
ER/ CoC Delayed or Destroyed
Delayed (retrieval)
Lost or Destroyed (use other copies; with Comelec authority)
7) Canvassing: Pre-Proc
Material Defects
Material Defects: Name of Candidate Omitted, or Votes of Candidate Omitted (BEI to correct or recount)
Formal Defects: Not Sealed with Inner Paper Seal, No Outer Paper Seal/ Seal Broken, # of Registered Voters Not Stated, No Closing Signature by BEI, Not Signed by Watchers
7) Canvassing: Pre-Proc
ER/ CoC Falsified/ Spurious
Grounds: Not Signed by BEI, Prepared by Non-BEI, No Security Markings, Prepared by BEI under Duress, or Contain Erasures (affect integrity)
Recourse: use other copies or recount
7) Canvassing: Manifest Errors
Any Palpable Error
Copies of ER tabulated more than 1x
2 Copies of ER tabulated separately
Mistake in adding
Mistake in copying of figures in statement of votes
ERs from non-existent precincts canvassed
8) Post-Proc: Election ProtestGrounds: Fraud and Irregularities in Casting, Counting and Canvassing
Documents in Question: Ballots, ERs and CoCs
Venue: P/VP; Senators; Representatives; Regional; Province; City; Municipality; Barangay
Requirements: Filed by candidate; Within period; Protestee proclaimed; Payment of filing fee; Allegations of fraud; Identify precincts; Verified; Certificate of non-forum shopping
Procedure: Revision; Trial
If prosper: protestee removed, true winner proclaimed
8) Post-Proc: Quo Warranto
Grounds: Disloyalty to Republic; Ineligibility
Venue: Same as Election Protest
If prosper: Respondent ousted; special elections or succession
8) Post-Proc: Annulment
Grounds: Proclamation based on irregular and illegal canvass
Venue: Comelec division
Effect: Proclamation annulled
8) Post-Proc: Election Offense
Grounds: Violation of Election Code, Commission of Prohibited Acts
Investigation: Law Department or Prosecutors
Venue: Regional Trial Court
Effect: Disqualification, Fine/ Imprisonment