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ATENEO ELECTION LAW 2008 GENERAL PRINCIPLES Sources of Philippine election law The election laws of the Philippines are contained in the following: 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) privilege which may be given or withheld by the lawmaking power subject to constitutional limitations. It is not necessarily an accompaniment of citizenship; it is granted only upon the fulfillment of certain minimum conditions. Scope of suffrage Suffrage encompasses the following: (1) Election Election is the means by which the people choose their officials for definite periods and to whom they entrust, for the time being as their representatives, the exercise of powers of government. It involves the choice of candidates to public office by popular vote. a. Regular election refers to an election participated in by those who possess the right of suffrage and not disqualified by law and who are registered voters b. Special election when there is failure of election on the scheduled date of regular election in a particular place or which is conducted to fill up certain vacancies, as provided by law (ex. To fill in vacancy in office before the expiration of the term for which incumbent was elected) (2) Plebiscite Plebiscite is the submission of constitutional amendments or important legislative measures to the people for ratification. (3) Referendum Referendum is the power of the electorate to approve or reject legislation through an election called for the purpose. (Sec. 2c, R.A. 6735) It may be of 2 classes, namely: (a) Referendum on statutes, which refers to a petition to approve or reject an act or law, or part thereof, passed by Congress; and Referendum on local law which refers to a petition to approve or reject a law, resolution or ordinance enacted by regional assemblies and local legislative bodies

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 government authority 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 in the process of government to assure that it derives it powers from the consent of the governed. It operates on the principle of "one man (or one woman), one vote." Suffrage is not a natural right but a

(b)

(4) Initiative Initiative is the power of the people to

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propose amendments to the Constitution or to propose and enact legislation through an election called for the purpose. (Sec. 2a, R.A. 6735) There are 3 systems of initiative, namely: (a) Initiative on the Constitution which refers to a petition proposing amendments to the Constitution; (b) Initiative on statutes, which refers to a petition proposing to enact a national legislation; (c) Initiative on local legislation which refers to a petition proposing to enact a regional, provincial, city, municipal or barangay law, resolution or ordinance Note that in the case of Santiago v. COMELEC, the Supreme Court held that there is no law yet that is sufficient enough for proposing amendments to the Constitution. R.A. 6735 was deemed sufficient for statutory amendments but not Constitutional amendments. (5) Recall Recall is the termination of official relationship of a local elective official for loss of confidence prior to the expiration of his term through the will of the electorate. Who can exercise Under Art. V, Sec. 1 of the 1987 Constitution, the right of suffrage 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 6 months immediately preceding the election. The same provision provides that no literacy, property or other substantive requirement shall be imposed on the exercise of suffrage, and that Congress may not add or alter the qualifications of voters under Art. V, Sec. 1 of the 1987 Constitution. This specification is an implied prohibition against interference on the part of Congress in the right of suffrage. Congress, however, to a limited extent can regulate the right of suffrage by: Defining the qualifications of voters Regulating elections Prescribing the form of official ballot Providing for the manner of choosing candidates and the names to be printed on the ballot Regulating the manner of conducting elections Suppressing whatever evils incident to the election of public officers, pursuant to its duty to secure the secrecy and sanctity of the ballots under Art. V, Sec. 2 of the 1987 Constitution.

What are the substantive requirements for the exercise of suffrage? The only substantive requirements exercise the right to vote are: (CARA) (1) (2) (3) (4) Citizenship Age Residency Absence of disqualifications to

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 with domicile. Art. 50 of the Civil Code provides that for the existence of civil rights and the fulfillment of civil obligations, the domicile of natural persons is the place of their habitual residence. Domicile includes the twin elements of the fact of residing or physical presence in a fixed place and animus manendi, or the intention of returning there permanently. (Romualdez-Marcos v. COMELEC) Every person is deemed to have his domicile somewhere, and when it has been

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acquired, it will be deemed to continue until a new one has been acquired. Temporary absences although frequent or long continued, 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, municipality or country solely by reason of his occupation, profession, employment in private or public service, educational activities, work in the military or naval reservations within the Philippines, service in the AFP, the PNP, or confinement 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 to establish his residence or domicile in a municipality. It is enough that he should live there, provided that his stay is accompanied by his intention to reside therein permanently. Literacy requirements The Constitution imposes no literacy requirements; hence illiterates have the right to vote. Property requirements Neither does the Constitution impose any property requirement since property ownership is not a test of individual capacity. A property requirement is not only inconsistent with the concept of a republican government, but with the social justice principle of equal opportunity as well. Formal education Formal education is no guarantee for good citizenship or intelligent voting. Sex There is no adequate or justifiable basis for depriving women of equal 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 certificate of candidacy which ought to be decisive in determining whether or not an individual has satisfied the Constitutions residency qualification requirement. To successfully effect a change of domicile, one must demonstrate: (1) an actual removal or an actual change of domicile; (2) a bona fide intention of abandoning the former place of residence and establishing a new one; and, (3) acts which correspond with the purpose. Aquino v. COMELEC (248 SCRA 400) The place where a party actually or constructively has his permanent home, where he, no matter where he may be found at nay given time, eventually intends to return and remain, i.e., his domicile, is that to which the Constitution refers when it speaks of residence for the purpose of election law. The purpose is to exclude strangers or newcomers unfamiliar with the conditions and needs of the community from taking advantage of favorable circumstances existing in that community for electoral gain. Disqualifications

(1)

Persons sentenced by final judgment to suffer imprisonment for not less than one (1) year. (Note: he / she shall automatically reacquire the right to vote upon the expiration of 5 years after the service of sentence.) Persons adjudged by final judgment of having committed any crime involving disloyalty to the duly constituted government (e.g. rebellion, sedition, violation of the firearms law) or any crime against national security. (Note: he / she shall automatically re-acquire the right to vote upon the expiration of 5 years after the service of sentence.)

(2)

(3) Insane or incompetent persons as declared by competent authority. THE COMELEC Purpose The purpose of the COMELEC is to protect the sanctity of the ballot and to ensure

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the free and honest express of the popular will. To achieve this, the COMELEC was created as an independent administrative tribunal, co-equal with the other departments with respect to the powers vested in it, and not under any of the branches of Government. The intention is to place it outside the influence of political parties and the control of the legislative, executive, and judicial organs of the government. To preserve the independence of the COMELEC, appointments or designations in temporary or acting capacities are not allowed. Composition Composition: chairman 6 commissioners Powers and functions The powers and functions of COMELEC may be classified as follows: the

(1) Enforcement

and administration of election laws and regulations (Art. IXC, 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 special cases; Art. IX-C, Sec. 6, 1987 Constitution) Fixing of other reasonable periods for certain preelection 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 of voters and ordering the preparation of a new one;

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 been engaged in the practice of law for at least 10 years.

The chairman and the commissioners are to be appointed by the President with the consent of the Commission on Appointments. The Commissioners serve for 7 years without reappointment, under staggered terms of 2 years interval: of 3 commissioners first appointed, 3 shall hold office for 7 years, 2 for 5 years, and the rest for 3 years. The staggering of terms makes the COMELEC a continuing and self-perpetuating body, and consequently its members would have the benefit of the experience and expertise of the older members in the performance of its functions. The COMELEC Commissioners are subject to the same disabilities imposed on the President and the Vice-President, including the prohibition against holding any other office or engaging in any other profession or business.

Cancellation of the canvass of election returns and annulment of a proclamation based on incomplete results. (Note, however, that the COMELEC does not have the power to annul an election which may not have been free, orderly, and honest as such power is merely preventive and not curative.)

(2) Quasi-judicial powers The COMELEC has exclusive original jurisdiction over all

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contests relating to the election, returns and qualifications of all elective, regional, provincial and city officials. The COMELEC has exclusive appellate jurisdiction over all contests involving municipal officials decided by the RTC, or involving elective barangay officials decided by the MTC. In these cases, the decisions therein shall be final, executory and unappealable. (Art. IX-C, Sec. 2 (2), 1987 Constitution) Pursuant to its quasi-judicial powers, the COMELEC has the power: To issue subpoena; To take testimony; Of contempt (Note, however, that the COMELEC's power to punish for contempt may be exercised ONLY in the exercise of its quasijudicial functions. The COMELEC has no power to hold a person in contempt in the exercise of its administrative functions (e.g. reporter criticizes a contract with COMELEC for supplies, or a person fails to follow the procedure for the distribution of ballot boxes). To issue warrants of arrest; Of certiorari, prohibition and mandamus (Note: but only in exercise of its appellate jurisdiction; Relampagos v. Cumba, ) (2) appointment of election officials and inspectors (3) registration of voters However, the COMELEC has NO jurisdiction over questions involving the right to vote (i.e. disqualifications of voters, right of a person to be registered, etc.), as these rest within the exclusive original jurisdiction of the MTC, appealable to the RTC.

(4) Deputize,

with the concurrence of the President, law enforcement agencies and instrumentalities of the Government for the exclusive purpose of ensuring free, orderly, honest, peaceful and credible elections (Art. IX-C, 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 of enforcing its orders (Sec. 52a, BP 881) The COMELEC may deputize any member or members of the AFP, NBI, PNP or any similar agency or instrumentality of the government (except civilian home defense forces) during the period of the campaign and ending 30 days thereafter, when in any area of the country there are persons committing acts of terrorism to influence people to vote for or against any candidate or political party. (Sec. 52b, BP 881) political parties, etc. (Art. IX-C, Sec. 2 (5), 1987 Constitution) citizens' arms (Art. IX-C, Sec. 2 (5), 1987 Constitution) and prosecution of cases of violation of election laws (Art. IX-C, Sec. 2 (5), 1987 Constitution) The COMELEC has the power of a public prosecutor with the exclusive authority to conduct the preliminary investigation and the prosecution of election offenses punishable under the election law.

(5) Register (6) Accredit

(7) Investigation

(3) Decide

all questions affecting elections (Art. IX-C, Sec. 2 (3), 1987 Constitution)

The power of the COMELEC to decide all questions affecting elections pertains to the following: (1) determination of the number and location of polling places

The power may be exercised upon complaint or motu propio. The Ombudsman has NO jurisdiction to prosecute election offenses. He may do so only if he is deputized by the COMELEC.

transportation utilities; media of information;

and

other

public or

communication

all

(8) Filing

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

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 to guarantee or ensure equal opportunity for public service and the equitable right to reply, for public information campaigns 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 television station shall be granted or issued, suspended or cancelled during the election period. (Sec. 6.4, R.A. 9006) COMELEC is mandated under Sec. 7 of R.A. 9006 to exercise affirmative action in procuring print space upon payment of just compensation from at least 3 national circulation, and free airtime from at least 3 national TV networks and 3 national radio networks, all of which are to be allocated free of charge equally and impartially among all the candidates for national office on 3 different calendar days. Quasi-Judicial Powers

(9) Recommendatory: (a) to Congress

effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize 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), 1987 Constitution); for pardon, amnesty, parole, suspension of sentence for violation of election laws, rules and regulations (Art. IX-C, Sec. 5 1987 Constitution; This is to prevent the possibility of the President granting executive clemency for political reasons.)

Jurisdiction The COMELEC has exclusive original jurisdiction over all contests relating to the election, returns and qualifications of all elective, regional, provincial and city officials. The COMELEC has exclusive appellate jurisdiction over all contests involving municipal officials decided by the RTC, or involving elective barangay officials decided by the MTC. In these cases, the decisions therein shall be final, executory and unappealable. (Art. IX-C, Sec. 2 (2), 1987 Constitution)

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

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administrative functions over the conduct of elections. Questions arising from the latter may be taken in an ordinary civil action before the RTC. By certiorari, a party raises questions of law in the Supreme Court. Findings of fact made by the COMELEC are conclusive upon the Supreme Court. The Supreme Court has no power of supervision over the COMELEC except to review its decisions on petitions by certiorari. The certiorari jurisdiction of the Supreme Court is confined to instances of grave abuse of discretion amounting to patent and substantial denial of due process 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 throughout the State or a certain subdivision thereof, after the expiration of the full term 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 before the expiration of the full term for which the incumbent was elected, or an election at which some issue or proposition is submitted to the vote of the qualified electors. Date of Election Under the Law In accordance with the Constitutional policy to synchronize elections, there is a simultaneous conduct of elections for national and local officials once every 3 years. Under R.A. 7166, elections shall be held on the 2nd Monday of May. The President and Vice-President are elected on the same day every 6 years. Senators, Elective Members of the House of Representatives, and Elective Provincial, City and Municipal Officials are elected on the same day every 3 years, except with respect to the Senators, only 12 of whom shall be elected every 3 years. Barangay Elections are held on the

Rendition of Decision Composition; En Banc and Division Cases The COMELEC may sit en banc or in 2 divisions. As a general rule, election cases shall be heard and decided in division. Decisions that must be rendered by the COMELEC en banc include:

Decisions on motions for reconsideration (Art. IXC, Sec. 3, 1987 Constitution); Petitions for correction of manifest errors in the Statement of Votes (Sec. 5, Rule 27 of the 1993 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 elections 7166) of special (Sec. 4, R.A.

Time Period and Votes Required The COMELEC shall decide by a majority vote of all its members any case or matter brought before it within 60 days from the date of its submission for decision or resolution. (Art. IX-A, Sec. 7 1987 Constitution) Judicial Review Unless otherwise provided by the Constitution or by law, any decision, order or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within 30 days from receipt of a copy thereof. (Art. IX-A, Sec. 7, 1987 Constitution) What is contemplated in this provision are decisions, orders or resolutions rendered by the COMELEC in the exercise of its adjudicatory or quasi-judicial powers not those which are mere incidents of its inherent

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same day, and every 5 years thereafter, the term for elective barangay officials having been extended from 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. the Constitution; laws in the case of regular elections; the executive or other designated power in the case of special elections). The place for holding elections shall be fixed by general law or by a proclamation or by the notice by which the election is called. Such designated place shall be mandatory. In case of emergencies which necessitate the changing of a polling place, adequate general notice must be given. Manner of Holding Elections While the manner of holding elections must be regulated, it is obvious that the manner prescribed is intended simply to secure the correct result. Manner and form should not be allowed to defeat the undoubted will of the people clearly expressed. (C.J. Simpson) Regulations prescribed are merely directory, and a failure to observe them fully will not invalidate the election, where an election has been held in good faith and irregularities do not affect the result. Where a special election is provided for, but no method of holding it is declared, it will be sufficient if it is held in the manner prescribed 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. Each barangay shall have at least 1 such precinct. (Sec. 149, BP 881) The COMELEC may introduce adjustments, changes or new divisions or abolish precincts if necessary. But no changes shall be introduced 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, the COMELEC may adjust or split the precinct by assigning the registered voters 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 the election, referendum, or plebiscite, the COMELEC shall post in the city or municipal hall and in 3 other conspicuous places and on the door of each polling place, a map of the city or municipality showing its division into precincts. 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 of Election Inspectors conducts its proceedings and where the voters cast their votes (Sec. 152, BP 881) Designation of polling places The COMELEC may introduce changes in the location of polling places when necessary after notice to the registered political parties and candidates affected if any, and hearing. No location shall be changed within 45 days before a regular election and 30 days before a special election, referendum or plebiscite except when it is destroyed or it cannot be used. (Sec. 153, BP 881) Arrangements and Contents of Polling Places Each polling place shall have at least 10 voting booths of such size, specifications and materials as the COMELEC may provide to enable the voters to fill out their ballots secretly. (Sec. 158, BP 881) The polling place shall be so arranged that the booths, the table, the ballot boxes and the whole polling place, except what is being written within the booths, shall be in plain view of the board of election inspectors, the watchers and other persons who may be within the polling place. (Sec.

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159 (d), BP 881) The COMELEC shall post inside each voting booth and elsewhere in the polling place on the day before the election, referendum, or plebiscite and during the voting period a list containing the names of all candidates or the issues or questions to be voted for. (Sec. 158; BP 881) There shall be a guard rail between the voting booths and the table for the Board of Election Inspectors. (Sec. 159; BP 881) Inspection of polling places Before the day of the election, referendum or plebiscite, the Chairman of the COMELEC shall, through its authorized representatives, see to it that all polling places are inspected and such omissions and 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 with distinctive, clear and legible watermarks that will readily distinguish it from ordinary paper; be in the shape of a strip with stub and a detachable coupon containing the serial number of the ballot and a space for the thumbmark of the voter on the detachable coupon; bear at the top middle portion the coat-of-arms of the Republic, the words, Official Ballot, the name of the city or municipality and the province, the date of 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 this ballot; contain the names of all the offices to be voted for, allowing opposite the name of each office, sufficient space or spaces with horizontal lines where the voter may write the name or names of the individual candidates voted for by him; have nothing printed or written at the back except the signature of the chairman of the Board of Election Inspectors

Notwithstanding the preceding provisions, COMELEC may prescribe a different form of official ballot on the same watermarked security paper to facilitate the voting by illiterate voters only and to use or adopt the latest technological and electronic devices in connection therewith. (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 will permit and which shall be uniform within each polling place. (Sec. 182, BP 881) Printing of official ballots and election returns The official ballots and election returns shall be printed by the Government Printing Office and/or the Central Bank printing facilities exclusively, under the exclusive supervision and control of the COMELEC which shall determine and provide the necessary security measures in the printing, 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 said coalition) whose candidates obtained at least 10% of the total votes cast in the next

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preceding senatorial election are each entitled to have a watcher and/or representative in the procurement and watermarking of papers to be used in the printing of election returns and official ballots, and in the printing, numbering, storage and distribution thereof. (Sec. 8, R.A. 6646) Requisition and Distribution The official ballots and election returns shall be distributed to each 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 of one set for every polling place. (Sec. 186, BP 881) The ruling party and the dominant opposition party shall submit the names of their watchers who, together with the representatives of the COMELEC and the provincial, city, and municipal treasurers shall verify the contents of the boxes containing the shipment of official ballots, election returns and sample official ballots. (Sec. 189, BP 881) Publication The COMELEC shall publish at least 10 days before an election, in a newspaper of general circulation, certified data on the number of ballots and returns and the names and addresses of the printers and the number printed by each. Ballot boxes On the day of the voting, there shall be a ballot box one side of which shall be transparent which shall be set in a manner visible to the voting public. It shall contain two compartments, one for valid ballots and the other for spoiled ballots. REGISTRATION OF VOTERS Registration defined - the act of accomplishing and filing of a sworn application for registration by a qualified voter before the election officer of the city or municipality wherein he resides and including the same in the book of registered voters upon approval by the Election Registration Board. (Sec. 3a, R.A. 8189) Necessity of registration "The act of registration is an indispensable precondition to the right of suffrage. For registration is part and parcel of the right to vote and an indispensable element in the election process. Thus registration cannot and should not be denigrated to the lowly stature of a mere statutory requirement. Proceeding from the significance of registration as a necessary requisite to the right to vote, the State undoubtedly, in the exercise of its inherent police power, may then enact laws to safeguard and regulate the act of voters registration for the ultimate purpose of conducting honest, orderly and peaceful election, to the incidental yet generally important end, that even pre-election activities could be performed by the duly constituted authorities in a realistic and orderly manner one which is not indifferent and so far removed from the pressing order of the day and the prevalent circumstances of the times." (Akbayan, et 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 Election Registration Boards as there are election officers therein. In thickly populated cities or municipalities, the COMELEC may appoint additional election officers for such duration as may be necessary. Composition (1) Chairman: Election Officer. In case disqualified, the COMELEC 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 city or municipal treasurer. If neither are available, any other appointive civil service official from the same locality as designated by the COMELEC. Disqualifications No member of the Board shall be related to each other or to any incumbent city or municipal elective official within the 4th civil

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degree of consanguinity or affinity. If in succeeding elections, any of the newly elected city or municipal officials is related to a member of the Board within the 4th civil degree of consanguinity or affinity, such member is automatically disqualified to preserve the integrity of the Election Registration Board. either: NOTE: It is an election offense to starting 120 days before a regular election. The purpose of having a 120-day prohibitive period is to enable the COMELEC to complete all the necessary pre-election activities, including the Project of Precincts, constitution of Board of Election Inspectors, Book of Voters and approved 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 the Election Officer and writing the names down. It is "in fact, a long process that takes about 3 weeks to complete not even counting how long it would take to prepare for the registration in the first place." Re-registration A voter who is registered in the permanent list of voters need not register anew for subsequent elections unless: (1) he transfers residence to another city or municipality; or

(1) accept

an appointment, to assume office and to actually serve as a member of the Board although ineligible thereto (Sec. 45d, R.A. 8189), or

(2) appoint such ineligible person

Meet quarterly on the 3 Monday of April, July, October and January of every calendar year (or on the next following working day if such designated days fall on non-working holidays)
rd

To hear and process all applications for registration. When registration conducted

(2) his

Registration of voters shall be conducted not less than 120 days before a regular election and 90 days before a special election. (Sec. 8, R.A. 8189) However, in the case of an initiative or referendum, the COMELEC is authorized to set a special registration day at least 3 weeks before the scheduled initiative or referendum. (Sec. 5, R.A. 6735) CAN A SPECIAL REGISTRATION FOR A REGULAR ELECTION BE CONDUCTED OUTSIDE THE PERIOD PRESCRIBED IN SEC. 8, R.A. 8189 UNDER THE RESIDUAL OR STANDBY POWERS OF THE COMELEC UNDER SEC. 28, R.A. 8436? No. In the case of Akbayan, 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 be conducted during the period

registration has been cancelled on the ground of disqualification and such disqualification has been lifted or removed (Sec. 125, BP 881);

System of Continuing Registration Under Sec. 8 of RA 8189, the COMELEC has the power to conduct continuing registration. Such registration shall be conducted daily in the office of the Election Officer during regular office hours, except during the period starting 120 days before a regular election and 90 days before a special election. The filing of the application must be done personally. Challenge of the right to register Any person applying for registration may be challenged before the Election Registration Board:

by any voter, by any candidate, or by any representative of a registered political party.

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Such challenge must be made in writing, under oath and must state the grounds therefor. (Sec. 18, R.A. 8189) List of voters The list of voters refers to an enumeration of names of registered voters in a precinct duly certified by the Election Registration Board for use in the election. (Sec. 3 (d), R.A. 8189) The Board of Election Inspectors must post the final list of voters in each precinct 15 days before the date of the regular or special election or referendum or plebiscite. Any candidate or authorized representative of an accredited political party upon formal request to an election registrar shall be entitled to 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 of the Election Officer or any member of an accredited citizens arm. The application for registration of a physically disabled person may be prepared by any relative within the fourth civil degree of consanguinity or affinity or by the Election Officer or any member of an accredited citizens arm using the data supplied by the applicant [Sec. 14, RA 8189]. Inclusion-exclusion cases Common rules governing judicial proceedings in the matter of inclusion, exclusion and correction of names of voters (Sec. 32, R.A. 8189) (1) TIME OF FILING: hours During office

(3) CONTENTS: Petition shall refer only to 1 precinct, and shall implead the Board as respondents (4) COSTS: Generally, no costs shall be assessed against any party. However, the court may order a party to pay the costs and incidental expenses of the suit should it find that the application was filed solely to harass the adverse party and to cause him to incur expenses. (5) INTERVENTION: Any voter, candidate or political party who may be affected by the proceedings may intervene and present his evidence. (6) EVIDENCE: Shall be based on the evidence presented. In no case shall a decision be rendered upon a stipulation of facts. If the case involves the issue of a fictitious voter, the nonappearance of the challenged voter on the day set for hearing shall be prima facie evidence that such voter is fictitious. (7) DECISION: Petition shall be heard and decided within 10 days from date of filing. Cases appealed to the RTC shall be decided within 10 days from receipt of the appeal. In all cases, the court shall decide these petitions not later than 15 days before the election and the decision shall become final and executory. Jurisdiction and Appeal in Inclusion and Exclusion Cases MTC: RTC: original and exclusive jurisdiction appellate jurisdiction

(2)

NOTICE: Notice of the place, date and time of the hearing of the petition shall be served upon the members of the Board and the challenged voter upon filing of the petition.

Modes of service: (1) personal delivery, or (2) registered mail, or (3) posting in the bulletin board of city or municipal hall and in 2 other conspicuous places within the city or municipality

Appeals must be made within 5 days from receipt of notice. Otherwise the decision of the MTC becomes final and executory after said period. The RTC shall decide the appeal within 10 days from the time the appeal was received, and its decision shall be final and executory. No motion for reconsideration shall be entertained. (Sec. 138, BP 881; Sec. 33,

13
R.A. 8189) Petition for Inclusion of Voters in the List The following may included in the voters list: petition to be

WHAT MAY BE FILED?

(1)

any person whose application by registration has been disapproved by the Board of Election Inspectors or any person whose name has been stricken out from the list

(2)

Petition for reinstatement - filed by any registered voter who has not been included in the precinct certified list of voters Petition for correction of name filed by any registered voter who has been included in the precinct certified list of voters with a wrong or misspelled name With the Election

WHERE FILED? Registration Board

Petitioner may apply at any time except 105 days prior to a regular election or 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 the permanent list of voters: any registered voter; any representative of a political party; the Election Officer (2) (1)

If the petition is denied or not acted upon, the voter may file on any date with the proper MTC a petition for an order directing that the voter's name be entered or corrected in the list. The following must be attached to the petition: Certified true copy of his registration record, or identification card, or the entry of his name in the list of voters used in the preceding election; Proof that his application was denied or not acted upon by the Board;

(3) Proof that the petitioner has served notice of his application to the Board Annulment of Book of Voters (Sec. 39, R.A. 8189) The book of voters refers to the compilation of all registration records in a precinct. (Sec. 3c, R.A. 8189) WHO MAY ANNULMENT: FILE PETITION FOR

Such petition may be filed at any time except 100 days before a regular election or 65 days before a special election. It shall be decided within 10 days from filing. (Sec. 35, R.A. 8189) "The petition for exclusion is a necessary component to registration since it is a safety mechanism that gives a measure of protection against flying voters, non-qualified registrants, and the like. The prohibitive period, on the other hand serves the purpose of securing the voters substantive right 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 be decided in the exclusion proceedings. However, the decision does not acquire the nature of res judicata considering the summary character of the case. Voters Excluded Through the Inadvertence or Registered with an Erroneous or Misspelled Name (Sec. 37, R.A. 8189)

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

(1)
(2)

The book of voters was not prepared in accordance with the provisions of R.A. 8189; The book of voters was prepared through: Fraud; Bribery; Forgery; Impersonation;

14
Intimidation; Force; or Any similar irregularity The book of voters contains data that are statistically improbable (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 in the form of an affidavit stating that the grounds for the deactivation no longer exist WHO MAY FILE: Any voter registration has deactivated whose been

(3)

The book of voters shall be annulled after due notice and hearing by the COMELEC after the filing of a verified petition. No order, ruling or decision annulling a book of voters shall be executed within 90 days before an election. Deactivation and reactivation of registration Deactivation of registration (Sec. 27, R.A. 8189) CAUSES OF DEACTIVATION: (1) The 3 grounds disqualification to namely: for vote,

(a) Sentence by final judgment to suffer imprisonment for not less than one (1) year, such disability not having been removed by plenary pardon or amnesty; (b) Adjudgment by final judgment of having committed any crime involving disloyalty to the duly constituted government (e.g. rebellion, sedition, violation of the firearms law) or any crime against national security, unless restored to his full civil and political rights in accordance with law; (c) Declaration of insanity or incompetence by competent authority, unless subsequently removed;

WHERE FILED: With the Election Officer, who shall then submit such application to the Election Registration Board for appropriate action. WHEN FILED: Not later than 120 days before a regular election and 90 days before a special registration REGISTRATION OF POLITICAL PARTIES Political Party defined - an organized group of persons pursuing the same ideology, political ideas or 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, regularly nominates and supports certain of its leaders and members as candidates for public office. (Sec. 3c, R.A. 7491) 2 Kinds: (1) national party, i.e. a party whose constituency is spread over the geographical 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

(2) Failure

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

15
provinces comprising the region. Purpose of registration The purpose of registration of political parties with the COMELEC is to enable them to: (1) Acquire personality; juridical the dominant 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 election returns (Sec. 27, R.A. 7166 as amended by R.A. 8045 and R.A. 8173) Procedure (1) The political party seeking registration may file with the COMELEC a verified petition attaching thereto its constitution and by-laws, platform or program of government and such other relevant information as may be required by the COMELEC. (2) The COMELEC shall require publication of the petition for registration or accreditation in at least three newspapers of general circulation.

(2) Qualify for subsequent accreditation; and

(3) Entitle

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

Rights and privileges granted A registered political party is entitled to the following rights and privileges:

To be voted upon as a party, provided that it is registered under the party-list system (Art. IX-C, Sec. 7, 1987 Constitution); 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 the precincts constituting the constituency at which the political party 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 of election 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 returns and sample official ballots received by the provincial, city and municipal treasurers (Sec. 189, BP 881. Note that this privilege is only available to the ruling party and

(3)

After due notice and hearing, the COMELEC shall resolve the petition within 10 days from the date it is submitted for decision. (Sec. 61, BP 881. Note however the discrepancy with Sec. 62 which states that resolution of the petition for registration or accreditation shall be 15 days from the date of submission 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. IXC, Sec. 2 (5), 1987

16
Constitution, 881) Sec. 61, BP

(6)

those which refuse to uphold and adhere to the Constitution (Art. IX-C, Sec. 2 (5), 1987 Constitution) those supported by foreign governments (Art. IX-C, Sec. 2 (5), 1987 Constitution)

The party violates or fails to comply with laws, rules or regulations relating to elections (Sec. 6 (5), R. A. 7941); The party declares untruthful statements in its petition for registration (Sec. 6 (6), R.A. 7941); The party has ceased to exist for at least 1 year (Sec. 6 (7), R.A. 7941); The party fails to participate in the last 2 preceding elections (Sec. 6 (8), R.A. 7941); If registered under the party-list system, the party fails to obtain at least 2% of the votes in the 2 preceding elections for the constituency in which it has registered. (Sec. 6 (8), R.A. 7941)

(7)

(8)

Forfeiture of status and cancellation of registration Forfeiture of status Any registered political party that, singly or in coalition with others, fails to obtain at least 10% of the votes cast in the constituency in which it nominated and supported a candidate or candidates in the election next following its registration shall, after notice and hearing be deemed to have forfeited such status as a registered political party in such constituency. (Sec. 60, BP 881) Cancellation of registration The following are grounds for cancellation of registration of a political party:

(9)

(10)

Under the party-list system, the COMELEC may refuse or cancel registration either motu 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 election of the official candidates of any political party or organization or political groups 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 day of Elective Provincial, City or Municipal Officers the election REGISTRATION FOR PARTY-LIST Party-list system defined a mechanism of proportional representation in the election of representatives to the House of Representatives from national, regional and sectoral parties or organizations or coalitions

(1)

Accepting financial contributions from foreign governments or their agencies (Art. IX-C, Sec. 2 (5), 1987 Constitution); The party is a religious sect or denomination, organization or association organized for religious purposes (Sec. 6 (1), R.A. 7941); The party advocates violence or unlawful means to seek its goal (Sec. 6 (2), R.A. 7941); The party is a foreign party or organization (Sec. 6 (3), R.A. 7941); The party is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes (Sec. 6 (4), R.A. 7941);

(2)

(3)

(4)

(5)

17
thereof registered with the COMELEC. Component parties or organizations of a coalition may participate independently, provided the coalition of which they form part does not participate in the party-list system. (Sec. 3, R.A. 7941) Purpose of party-list system - to enable Filipino citizens belonging to marginalized and underrepresented sectors, organizations and parties, and who lack welldefined political constituencies but who could contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole, to become members of the House of Representatives. (Sec. 2, R.A. 7941) Who may be registered Petition verified by the party/organization/coalition's president or secretary. The petition must state its desire to participate in the party-list system as a national, regional or sectoral party or organization or a coalition 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 resolve the petition within 15 days from the date it was submitted for decision, but not later 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 cancellation of registration of a party, organization or coalition wishing to participate in the party-list system:

(1) Political

parties (See discussion in previous section); parties, i.e. organized groups of citizens belonging to the labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professional sectors, and whose principal advocacy pertains to the special interest and concerns of their sector (Sec. 3d, R.A. 7941); organizations, i.e. groups of citizens or coalitions of groups of citizens who share similar physical attributes or characteristics, employment, interest or concerns (Sec. 3e, R.A. 7941);

(2) Sectoral

(3) Sectoral

(4) Coalitions, i.e. aggrupations of duly

1.

Accepting financial contributions from foreign governments or their agencies (Art. IX-C, Sec. 2 (5), 1987 Constitution); The party is a religious sect or denomination, organization or association organized for religious purposes (Sec. 6 (1), R.A. 7941); The party advocates violence or unlawful means to seek its goal (Sec. 6 (2), R.A. 7941); The party is a foreign party or organization (Sec. 6 (3), R.A. 7941);

2.

3.

4.

18 5.
The party is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes (Sec. 6 (4), R.A. 7941); The party violates or fails to comply with laws, rules or regulations relating to elections (Sec. 6 (5), R. A. 7941); The party declares untruthful statements in its petition for registration (Sec. 6 (6), R.A. 7941); The party has ceased to exist for at least 1 year (Sec. 6 (7), R.A. 7941); The party fails to participate in the last 2 preceding elections (Sec. 6 (8), R.A. 7941); If registered under the party-list system, the party fails to obtain at least 2% of the votes in the 2 preceding elections for the constituency in which it has registered. (Sec. 6 (8), R.A. 7941) must be a registered voter, able to read and write, and at least 25 years on the day of the election. In case of youth sector nominees, such nominees must be at least 25 but not more than 30 yrs. old on the day of the election. (Sec. 9)

6.

(2) The

7.

nominee must be a bona fide member of the party or organization which he/she seeks to represent for at least 90 days preceding the day of the election. (Sec. 9) elected party-list representative who changes his political party or sectoral affiliation within 6 months before an election is not eligible for nomination as party-list representative under his new party or organization. (Sec. 15) person may be nominated in 1 list only. (Sec. 8) persons who have given their consent in writing may be named in the list. (Sec. 8) list cannot include any candidate for any elective office or any person who has lost his bid for an elective office in the immediately preceding election. (Sec. 8)

(3) An

8.

9.

10.

(4) A

(5) Only

The COMELEC may refuse or cancel registration either motu proprio or upon verified complaint of any interested party, after due notice and hearing. (Sec. 6, R.A. 7941) Nomination of party-list representatives (Sec. 8, R.A. 7941) Each registered party, organization or coalition shall submit to the COMELEC a list of not more than 5 names from which party-list representatives shall be chosen in case it obtains the required number of votes. This list must be submitted not later than 45 days before the election. The nomination of party-list representatives is subject to the following limitations: (1) The nominee must have all of the qualifications and none of the disqualifications for the exercise of the right of suffrage. Moreover, he/she

(6) The

(7) Changes of name or alterations in the order of nominees are generally not allowed after the list has been submitted to the COMELEC. However, these may 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 placed last in the list (Sec. 8)

19
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, and the second, a vote for the party, organization, or coalition he wants represented in the House of Representatives. Party-list representative Scope of electorate Elected nationally, with party-list organizations garnering at least 3% of all the votes cast for the partylist system entitled to 1 seat, which is increased according to proportional representation, but is in no way to exceed 3 seats per organization No special residency requirement District representative Elected according to legislative district by the constituents of such district Effect change affiliation within months prior election of in 6 to organization based on the list submitted to the COMELEC. Effect vacancy of A substitution will be made within the party, based on the list submitted to the COMELEC. A party-list representative is prohibited from sitting as representative under his new party or organization. A party-list representative cannot sit if he ran and lost in the previous election. A special election may be held provided that the vacancy takes place at least 1 year before the next election. This does not prevent a district representative from running under his new party.

Effect of loss during previous election

Residence requirement

Must be a resident of his legislative district for at least 1 year immediately before the election Elected personally, by name. i.e.

A district representative is not prevented from running again as a district representative if he/she lost during the previous election. ACCREDITATION OF A CITIZENS' ARM Who may be accredited

Manner election

of

Voted upon by party or organization. It is only when a party is entitled to representation that it designates who will sit as representative. Loses his seat, in which case he/she will be substituted by another qualified person in the party /

Any bona fide non-partisan group, association or organization from the civic, youth, professional, educational, business or labor sectors with identifiable leadership, membership and structure, and with demonstrated capacity to promote the public interest and assist the COMELEC in the performance of its functions and activities as mandated by the Constitution and by law (Rule 33, Procedure) Sec. 1, COMELEC Rules of

Effect of disaffiliation with party

Does not lose seat if he/she changes party or affiliation.

Procedure for accreditation (1) FILING OF ACCREDITATION PETITION FOR

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

20
Directors, or 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 the constituency where it seeks accreditation; (c) Nature of its membership; names of its officers or organizers, location of principal office or place of business, and an assurance of its capability to undertake a coordinated operation and activity to assist the COMELEC; (d) That it shall submit itself to the direct and immediate control and supervision and comply with the orders of the COMELEC in the performance of its specific functions and activities provided by law, and such other functions and activities provided by law, and such other functions and activities which the COMELEC may assign; (e) That it shall strictly remain nonpartisan and impartial during the registration and election periods; (f) That it is not supported by or under the influence of any foreign government or any of its agencies or instrumentalities; or of any foreigner, whether natural or juridical person; (i) That it undertakes to police its ranks and prevent infiltration by persons or groups of persons who may, directly or indirectly, destroy its character of non-partisanship and impartiality.

(2) SETTING OF PETITION FOR HEARING Upon the filing of the petition, the COMELEC en banc shall immediately set the petition for hearing. The COMELEC may order the publication of the petition in a newspaper of general circulation if it deems such necessary. Publication shall be at the expense of the petitioner. (3) HEARING OF PETITION The accreditation of the petitioner may be opposed by any person, group, association, group or organization, political party or coalition of political parties possessing relevant information or evidence against the petitioner by filing a verified opposition. However, notwithstanding the absence of any opposition, the COMELEC may motu proprio require the petitioner to present evidence to support its petition for accreditation. (4) DECISION The COMELEC shall then render its decision. If the decision is for the accreditation of the petition, a certificate of accreditation shall be issued 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 hearing for any of the following acts: (1) The citizens' arm has showed or acted with partiality in any political issue or to any political party, organization or coalition of political parties;

(g) That it shall not solicit or receive, directly or indirectly, any contribution or aid of whatever form or nature from any foreign government or any of its agencies or instrumentalities, or from any foreigner, whether natural or juridical person; (h) That it does not seek to achieve its objectives, goals or programs through violence or other unlawful means, nor aim to propagate any ideology opposed to the principles of a republican and democratic government; and

21
(2) It has performed acts in excess of its duties and functions as 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 end of the election period of the political exercise for which the petitioner was accredited as citizens' arm. CERTIFICATES OF CANDIDACY Candidate defined Any person aspiring for or seeking an elective public office, who has filed a certificate of candidacy by himself or through an accredited political party, aggroupment, or coalition of parties. (Sec. 79, BP 881) Guest Candidacy A political party may nominate and/or support candidates not belonging to it. (Sec. 70, BP 881) Note however that this is not applicable in cases of political parties registered under the party-list system, as nominees must necessarily be bona fide members of the party. Qualifications See the provisions of the Constitution for the qualifications of candidates for President, Vice-President, Senator, and Member of the House of Representatives. See the provisions of the Local Government Code for the qualifications of local elective officials. Qualifications prescribed by law are continuing requirements and must be possessed for the duration of the officer's active tenure. Once any of the required qualifications are lost, his title to the office may be seasonably challenged. (See Frivaldo v. COMELEC, 174 SCRA 245; Labo v. COMELEC, 176 SCRA 1) Filing of certificate of candidacy To be eligible for any elective public office, one must file a certificate of candidacy within the period fixed by the Omnibus Election Code. Mode of Filing

Certificates must be filed by the candidate personally or by his duly authorized representative. No certificate shall be filed by mail, telegram or facsimile. (Sec. 7, R.A. 7166) Time of Filing Certificates of candidacy must be filed in 12 legible copies not later than 120 days before the elections. (Sec. 11, R.A. 8436) Place of Filing The certificates of candidacy shall be filed in the following places: President Vice-Pres Senator | | COMELEC main office (Mla) |

Congressman - Provincial election supervisor If NCR district: File with Regional Election Director If legislative district in cities outside NCR which comprise one or more legislative districts: File with City election registrar concerned Provincial Offices supervisor Provincial election

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 his candidacy for the office stated therein and that he or she is eligible 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;

22

That he / she will support and defend the Constitution of the Philippines and will maintain faith and allegiance thereto; That he / she will obey the laws, legal orders, and decrees promulgated by the duly constituted authorities; That he / she is not a permanent resident or immigrant to a foreign 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 true to the best of his knowledge. Effects of filing

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 office of provincial board member was filed by his political party. 15 minutes before the deadline, he filed his certificate of candidacy for mayor. 8 days later, he filed a petition to withdraw his certificate of candidacy for the office of the board member and to declare subsisting his certificate of candidacy for mayor, attaching his written declaration under oath withdrawing his certificate of candidacy for board member. Since the certificate of candidacy for the position of board member was filed by his party and the said party had withdrawn that nomination, there was substantial compliance with Sec. 73 of the Omnibus Election Code. His filing under oath within the statutory period of his individual candidacy for mayor was a rejection of the party nomination of the other officer. Disqualifications According to Prof. Barlongay, disqualifications may be classified into 4 categories: (1) status; (2) acts; (3) nuisance candidacy; and (4) falsity 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 authority;

Note: Sec. 67 of BP 881 and the first proviso of Sec. 11 of R.A. 8436 (which states that "Any elective official, running for any officer other than one which he is holding in a permanent capacity, except for President and Vice-President, shall be considered ipso facto resigned upon the start of the campaign period") have been repealed by Sec. 14 of R.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 elective public 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 the campaign period. (Sec. 6.6, R.A. 9006) Withdrawal of certificate A person who has filed a certificate of candidacy may withdraw the same prior to the election by submitting to the office concerned a written declaration under oath. If a candidate files a certificate of candidacy for more than 1 office, he shall not be eligible for any of them. However, he may declare under oath the office for which he desires to be eligible and cancel the certificate of candidacy for the other office or offices provided that this is done before the expiration of the period for the filing of certificates of candidacy. (Sec. 73, BP 881)

(4) Permanent

residence or immigrant status in a foreign country, unless such person has waived his status as permanent resident or immigrant in accordance with the residence requirement provided for in the election laws (Sec. 68, BP 881)

Acts (1) Sentence by final judgment

23
for: Subversion, rebellion; insurrection,

Any offense for which the candidate has been sentenced to a penalty of more than 18 months of imprisonment; Any offense involving moral turpitude; Moral turpitude is an act of a baseness, vileness, or depravity in the private duties which a man owes to his fellow men, or to society in general, contrary to the accepted and customary rule of right and duty between man and woman or conduct contrary to justice, honesty, modesty or good morals. The general rule is that crimes mala in se involve moral turpitude while crimes mala prohibita do not. Moral turpitude implies something immoral in itself, regardless of the fact that it is punishable by law or not. (Dela Torre v. COMELEC, 191 SCRA 229)

Having engaged in election campaign or partisan political activity outside the campaign period and not pursuant to a political party nomination (Sec. 68e, BP 881, cf. Sec. 80); Having removed, destroyed, obliterated, defaced or tampered with or prevented the distribution of lawful election 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 his subordinates or members, or employees, etc. to aid, campaign or vote for or against any candidate or any aspirant 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 upon any person or that of the immediate members of his family, his honor or property, or used any fraudulent device or scheme to compel or induce or prevent the registration of any voter, or the participation in any campaign, or the casting of any vote, or any promise of such registration, campaign, vote, or omission therefrom (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 days before a regular election (or 30 days in the case

Having given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions (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); 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);

24
of a special election) (Sec. 68e, BP 881, cf. Sec. 261v); COMELECs decision to disqualify proclaimed Reyes as the mayor. him,

Having solicited votes or undertaken any propaganda on the day of election for or against any candidate or any political party within the polling place or within a radius of 30 m. thereof (Sec. 68e, BP 881, cf. Sec. 251cc)

The election of Reyes did not render the administrative charges against him moot and academic. The decision to remove him was served on Reyes and thereafter became final because he failed to appeal to the Office of the President. He was therefore validly removed from office and pursuant to the Local Government Code, was disqualified from running for re-election. (3) Those convicted by final judgment for violating the oath of allegiance 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 here and abroad. A "fugitive from justice" includes "not only those who flee after conviction to avoid punishment, but likewise those who, after being charged, flee to avoid prosecution." (Marquez v. COMELEC, 243 SCRA 358) In the case of Rodriguez v. COMELEC (G.R. No. 120099, July 24, 1996), it was held that Rodriguez could 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 the Los Angeles Court and the issuance of the arrest warrant by the same foreign court by almost 5 months. The Supreme Court held that the intent to evade is the compelling factor that animates ones flight from a particular jurisdiction. And there can only be an intent to evade prosecution or punishment when there is knowledge by the fleeing subject of an already instituted indictment, or of a promulgated judgment of conviction. (6) Permanent residents in a foreign country or those who have acquired

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 similarity of the names of the registered candidates, or

(c)

Clearly demonstrating that he/she has no bona fide intention to run for the office which the certificate of candidacy has been filed, and thus prevents a faithful determination of the true will of the electorate. (Sec. 69, BP 881)

Falsity of material representation Falsity of a material representation in the certificate of candidacy is a ground for the denial of due course to or cancellation of a certificate of candidacy 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 punishable by one year or more of imprisonment and within 2 years after serving sentence. (2) Those removed from office as a result of an administrative case. REYES V. COMELEC Reyes, the incumbent mayor, was found guilty in an administrative complaint. Despite this, he filed a certificate of candidacy. Although the COMELEC disqualified him, the Board of Election Canvassers, unaware of

25
the right to reside abroad and continue to avail of the same right after the effectivity of the Local Government Code. FRIVALDO V. COMELEC Frivaldo was previously declared as an alien. Despite this, he was able to file his certificate of candidacy. The election occurred on May 8, 1995. Frivaldo was able to reacquire Philippine citizenship on June 30, 1995 through repatriation by taking his oath of allegiance at 2:00 p.m. Philippine citizenship is an indispensable requirement for holding an elective public office. An official begins to govern or discharge his functions only upon his proclamation and on the day the law mandates his term of office to begin. Since Frivaldo reassumed his citizenship on the very day the term began, he was therefore already qualified to be proclaimed, to hold such office and to discharge the functions and responsibilities thereof as of the said date. (7) Those who are insane or feebleminded. Special Disqualifications under the Lone Candidate Law (Sec. 4, R.A. 8295) The following persons are disqualified from running in a special election called to fill the vacancy in an elective office, provided that evidence of their guilt is strong: (1) Any elective official who has resigned from his office by accepting an appointive office or for whatever reason which he previously occupied but has caused to become vacant due to his resignation; (2) Any person who, directly or indirectly, coerces, bribes, threatens, harasses, intimidates, or actually causes, inflicts or produces any violence, injury, punishment, torture, damage, loss or disadvantage to any person or persons aspiring to become a candidate or that of the immediate member of his family, his honor or property that is meant to eliminate all other potential candidate. Effect of death, disqualification or withdrawal If the death, withdrawal occurs: disqualification or

- after the last day for filing of the certificates of candidacy ONLY a person belonging to, and certified, by the same political party, may file a certificate of candidacy to replace him. - between the day before the election and midday of the election day the certificate may be filed with any Board of Election Inspectors in the political subdivision where he is a candidate or with the COMELEC if it is a national 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 of candidacy may be filed by any person EXCLUSIVELY on the ground that a material misrepresentation contained therein as required is false. Such petition shall be filed any time not later than 25 days from the time of filing of the certificate, and shall be decided not later than 15 days before the election. (Sec. 78, BP 881) Prohibition against Multiple Candidacies No person shall be eligible for more than one office to be filled in the same election, and if he files his certificate of candidacy for more than one office, he shall not be eligible for any of them. However, before the expiration of the period for the filing of certificates of candidacy, the person who was filed more than one certificate of candidacy may declare under oath the office for which he desires to be eligible and cancel the certificate of candidacy for the other office or offices. The filing or withdrawal of a certificate of candidacy shall not affect whatever civil, criminal or administrative liabilities which a candidate may have incurred. Certified List of Candidates The COMELEC shall cause to be printed a certified list of candidates for each office to

26
be voted for in each province, city or municipality immediately followed by the nickname or stage name of the candidate and his political affiliation, if any. The list shall be posted inside each voting booth. Whenever practicable, the Board of Election Inspectors shall cause said list of candidates to be written on the blackboard or manila paper for posting inside the polling place. The names of all candidates followed by his nickname or stage name shall also be printed in the election 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 of a particular candidate or candidates to a public office. It does not include public expressions of opinions or discussions of probable issues in a forthcoming election or on attributes or criticisms of probable candidates proposed to be nominated in a forthcoming political party convention. Prohibitions It is prohibited for any person, political party or association of persons to engage in an election campaign or partisan political activity except during the campaign period. Violation of this prohibition constitutes an 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 other written or printed materials the size of which does not exceed 8 inches in width and 14 inches in length; Handwritten or printed letters urging voters to vote for or against any particular political party or candidate for public office; Cloth, paper or cardboard posters, whether framed or posted, with an area not exceeding 2 feet by 3 feet.

Members of the board of election inspections are prohibited from engaging in any partisan political activity or from taking part in the election except to discharge 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 electioneering or 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 activity except to vote. (Art. XVI, Sec. 5 (3), 1987 Constitution) Campaign period

NOTE: Streamers not exceeding 3 feet by 8 feet in size are allowed at the site and on occasion of a public meeting or rally 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 hours after said meeting or rally. Paid advertisements in print or broadcast media. Such advertisements must comply with the following requirements:

Any published or printed political matter and any broadcast of election propaganda by TV or radio for or against a candidate or group of candidates to any public office shall bear and be identified by the reasonably legible or audible words political advertisement paid for followed by the true and correct name and address of the candidate or party

27
for whose benefit the election propaganda was printed or aired. (Sec. 4.1, R.A. 9006)

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

If the broadcast is given free of charge by the radio or TV station, it shall be identified by the words "airtime for this broadcast was provided free of charge by" followed by the true and correct name 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 without the written acceptance by the said candidate or political party. Such written acceptance must be attached to the advertising contract and submitted to the COMELEC within 5 days after its signing. (Sec. 4.3, R.A. 9006, cf. Sec. 6.3, R.A. 9006)

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 party,

For any candidate, political organization or any person:

to give or accept, directly or indirectly, free of charge, transportation, food or drinks or things of value during the five hours before and after a public meeting, on the day preceding the election, and on the day of the election; to give or contribute, directly or indirectly, money or things of value for such purpose.

All other forms of election propaganda not prohibited by the Omnibus Election Code or the Fair Election Act of 2001.

Badoy v COMELEC (35 SCRA 285) The prohibition against certain forms of election propaganda was upheld as a valid exercise of police power, to prevent the perversion and prostitution of the electoral apparatus, and of the denial of due process of law. Sanidad vs COMELEC ( 181 SCRA 529) But this evil does not obtain in a plebiscite where the electorate is 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 guaranteed equal access to media time and space under the Fair Election Act. To this end, the COMELEC has the power to supervise the use and employment of press, radio and television facilities insofar as the placement of political advertisements is concerned to ensure that candidates are given

Adiong v. COMELEC (207 SCRA 712) In this case, the Supreme Court declared as unconstitutional COMELEC Resolution No. 2347 insofar as it prohibits the posting of decals and stickers on cars and other moving vehicles since it infringes on the right to freedom of expression. The restriction is so broad as to include even a citizen's privately-owned vehicle, which is equivalent to deprivation of property without due process of law. Prohibited Acts It is prohibited: For any foreigner:

to aid any candidate or political party, directly or indirectly;

28
equal opportunities under equal circumstances to make known their qualifications and their stand on public issues. Of course, such political advertisements must be within the limits set forth in the Omnibus Election Code and R.A. 7166 on election spending. Pursuant to such end: Print advertisements shall not exceed 1/4 page, in broadsheet and 1/2 page in tabloids thrice a week per newspaper, magazine, or other publications, during the campaign period; Media practitioners or personalities who are candidates for any elective public office or are campaign volunteers for or employed or retained in any capacity by any candidate or political party shall be deemed resigned, if so required by their employer, or shall take a leave of absence from their work as such during the campaign period. Public exhibitions No movie, cinematograph, or documentary portraying the life or biography of a candidate shall be publicly exhibited in a theater, TV station or any public forum during the campaign period. The same is true for movies, cinematographs and documentaries portrayed by actors or media personalities who are themselves candidates. Rallies, meetings and other political activity Application for permits to hold rally (Sec. 87, B.P. 881) The holding of peaceful political rallies during the campaign period is allowed. In order to hold rallies, political parties must follow the requirements of local ordinances on the issuance of permits. All applications for permits to hold meetings, rallies and other similar political activities must be immediately posted in a conspicuous place in the city or municipal building, and the receipt thereof acknowledged in writing. Such applications must be acted upon in writing by local authorities concerned within 3 days after the filing thereof. If the application is not acted upon within said period, it is deemed approved. The only justifiable ground for denial of the application for the permit is that a prior written application by any candidate or political party for the same purpose has been approved. Denial of any application for said permit is appealable to the provincial election supervisor or to the COMELEC whose decision shall be made within 48 hours and which shall be final and executory. Notification of election registrar (Sec. 88, B.P. 881) The political party or candidate must notify the election registrar of any rally. Within 7 working days, the political party or candidate must submit to the election registrar the expenses incurred during the rally.

Bona

fide candidates and registered political parties running for nationally elective office are entitled to not more than 120 minutes of TV advertisement and 180 minutes of radio advertisement whether by purchase or by donation; fide candidates and registered political parties running for locally elective office are entitled to not more than 60 minutes of TV advertisement and 90 minutes of radio advertisement whether by purchase or by donation;

Bona

Broadcast stations or entities are required to submit copies of their broadcast logs and certificates of performance to the COMELEC for the review and verification of the frequency, date, time and duration of advertisement broadcast for any candidate or political party; All mass media entities are required to furnish the COMELEC with a copy of all contracts for advertising, promoting or opposing any political party or the candidacy of any person for public office within 5 days after its signing; No franchise or permit to operate a radio or TV station shall be granted or issued, suspended or cancelled during the election period. Media practitioners Moreover, media practitioners who are officials of a political party or members of the campaign staff of a candidate or political party prohibited from using their media time or space to favor any candidate or political party.

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COMELEC space, poster area, time and information bulletin COMELEC space The COMELEC shall procure space in at least one newspaper of general circulation in every province or city, or in the absence of such newspaper, in any other magazine or periodical in said province or city, which shall be known as COMELEC Space. COMELEC space shall be allocated to the COMELEC upon payment of just compensation, and shall be utilized exclusively by the COMELEC for public information dissemination on election-related concerns. (Sec. 8, R.A. 9006) Phil. Press Institute v. COMELEC The Supreme Court declared sec. 2 of COMELEC Resolution 2722 compelling print media companies to donate COMELEC Space as null and void. Sec. 2 does not constitute a valid exercise of the power of eminent domain. The element of necessity for the taking has not been shown by COMELEC. There is no showing that the members of the Philippine Press Institute are unwilling to sell print space. Furthermore, it has not been demonstrated that the COMELEC has been granted the power of eminent domain by the Constitution or the Legislature. In addition, sec. 2 does not constitute a valid exercise of police power. First, there was no effort to show that police power was constitutionally delegated to the COMELEC. Second, no attempt was made to demonstrate that a real and palpable or urgent necessity for the taking of print space confronted the COMELEC. Thus, COMELEC cannot procure print space without paying just compensation therefor. COMELEC time The COMELEC shall likewise air time in at least 1 major broadcasting station or entity in every province or city, or in the absence of such entity, in any radio or TV station in said province or city, which shall be known as "COMELEC time." Such COMELEC time shall be allocated to the COMELEC free of charge, and shall be utilized exclusively by the COMELEC for public information dissemination on election-related concerns. (Sec. 8, R.A. 9006)

Telecommunications and Broadcast Attorneys of the Philippines v. COMELEC (289 SCRA 337) In this case, which questioned the COMELEC's power under Sec. 92, BP 881 to require TV stations to give air time for candidates free of charge, the Supreme Court held that such power is valid and constitutional, being an exercise of the plenary police power of the State to promote the general welfare. The Court gave the following reasons: (1) All broadcasting, whether by radio or TV, is licensed by the government, and the franchise issued to a broadcast station is always subject to amendment, alteration or repeal by Congress when the common good requires. There is no better measure for the common good than one for free airtime for the benefit not only of the candidates but even more of the public, particularly the voters, so that they will be informed of the issues in an election, for after all, it is the right of the viewers and listeners, not of the broadcasters, that is paramount. (2) The COMELEC does not take over the operation of radio and television stations, but only the allocation of airtime to the candidates, to ensure equal opportunity, time and the right to reply, as mandated by the Constitution. (3) There are substantial distinctions in the characteristics of the broadcast media from those of the print media which justify the different treatment accorded to each for purposes of free speech, viz: the physical limitations of the broadcast spectrum, the uniquely pervasive presence of the broadcast media in the lives of all Filipinos, and the earlier ruling that the freedom of TV and radio broadcasting is somewhat lesser than the freedom accorded to the print media.

COMELEC poster area (Sec. 9, R.A. 9006) The COMELEC may authorize political parties and party-list groups to erect common poster areas for their candidates in not more than 10 public places such as plazas, markets, barangay centers and the like, wherein candidates can post, display or exhibit

30
propaganda. Such poster areas shall not exceed 12 feet by 16 feet or its equivalent. For independent candidates with no political parties, the size of the common poster area must not exceed 4 feet by 6 feet or its equivalent. COMELEC information bulletin (Sec. 93, B.P. 881) The COMELEC shall cause the printing and supervise the dissemination of bulletins which shall contain the picture, bio-data and program of government of every candidate. Any candidate can reprint these bulletins, provided it is an exact replica and shall bear the candidates name who caused the reprint and the printers name. COMELEC official sample ballot (Sec. 185, B.P. 881, as amended by R.A. 7904) At least 30 days before an election, the COMELEC shall furnish every registered voter with an unfilled official sample ballot, voter information sheet, and a list of all registered national, provincial and city candidates to be voted in the said election. The information sheet shall include the voter's name, address, the precinct and the place where he is registered, and simplified instructions as to the casting of votes. The names of the candidates shall be listed in alphabetical order under their respective party affiliation and a one-line statement not to exceed 3 words of their occupation or profession. Persons nominated under the party-list system shall likewise be included in the above-mentioned list. Public forum (Sec. 9, R.A. 6646) The COMELEC shall encourage nonpolitical non-partisan private or civic organization to initiate and hold in every city and municipality, public for a at which all registered candidates for the same office may simultaneously and personally participate to present, explain and/or debate on their campaign platforms and programs and other like issues. The COMELEC shall promulgate the rules and regulations for the holding of such to assure its non-partisan character and equality of access thereto by all candidates. Election surveys (Sec. 5, R.A. 9006) Election surveys, defined Election surveys refer to the measurement of opinions and perceptions of the voters as regards a candidate's popularity, qualifications, platforms or a matter of public discussion in relation to the election, including voters' preference for candidates or publicly discussed issues during the campaign period. Information required to be published in the survey During the election period, any person, natural as well as juridical, candidate or organization who publishes a survey must likewise publish the following information: The name of the person, candidate, party or organization who commissioned or paid for the survey; The name of the person, polling firm or survey organization who conducted the survey; The period during which the survey was conducted, the methodology used, including the number of individual respondents and the areas from which they were selected, and the specific questions asked; The margin of error of the survey; For each question for which the margin of error is greater than that reported above, the margin of error for that question; and A mailing address and telephone number, indicating it as an address or telephone number at which the sponsor can be contacted to obtain a written report regarding the survey in accordance with Sec. 5.3 of R.A. 9006.

It must be noted that Sec. 5.4 which prohibits the publication of surveys 15 days (for national candidates) or 7 days (for local candidates) before an election was declared unconstitutional by the Supreme Court upon a petition filed by the Manila Standard and Social Weather Station, Inc. (SWS) The decision, which was penned by Justice V.V. Mendoza, stated that the provision "constitutes an unconstitutional abridgment of freedom of speech, expression and the press as it

31
imposes prior restraint and therefore, a direct and total suppression of a category of expression even for a limited period." (Exact title of case and citation not available as of this writing. See front page of Philippine Star, May 6, 2001, for details.) Exit polls (Sec. 5.5, R.A. 9006) Exit polls may only be taken subject to the following requirements: Pollsters shall not conduct their surveys within 50 meters from the polling place, whether said survey is taken in a home, dwelling place and other places; Pollsters clothing; shall wear distinctive elections but shall not include services rendered without compensation by individuals volunteering a portion or all of their time in behalf of a candidate or political party. It shall also include the use of facilities voluntarily donated by other persons, the money value of which can be assessed based on the rates prevailing in the area. Prohibited contributions (Sec. 95, B.P. 881) No contribution for purposes of partisan political activity shall be made directly or indirectly by any of the following: Public or private financial institutions. However, they are not prohibited from making any loan to a candidate or political party if: (a) the financial institutions are legally in the business of lending money, (b) the loan is made in accordance with laws and regulations; AND, (c) the loan is made in the ordinary course of business. Natural and juridical persons operating a public utility or in possession of or exploiting any natural resources of the nation; Natural and juridical persons who hold contracts or sub-contracts to supply the government or any of its divisions, subdivisions or instrumentalities, with goods or services or to perform construction or other works; Natural and juridical persons who have been granted franchises, incentives, exemptions, allocations or similar privileges or concessions by the government or any of its divisions, subdivisions or instrumentalities, including GOCCs; Natural and juridical persons who, within 1 year prior to the date of the election, have been granted loans or other accommodations in excess of P100,000 by the government or any of its divisions, subdivisions or instrumentalities including GOCCs; Educational institutions which have

Pollsters shall inform the voters that they may refuse to answer; and The result of the exit polls may be announced after the closing of the polls on election day, and must clearly identify the total number of respondents, and the places where they were taken. Said announcement shall state that the same is unofficial and does not represent a trend.

ABS-CBN v. COMELEC (January 28, 2000) In this case, the Supreme Court held that exit polls are valid. They do not violate the principle of secrecy of the ballot since such polls are purely voluntary on the part of the voter and do not require him or her to reveal his or her ballot. ELECTION CONTRIBUTIONS & EXPENDITURES Contributions Contributions defined (Sec. 94a, B.P. 881) "Contribution includes a gift, donation, subscription, loan, advance or deposit of money or anything of value, or a contract, promise or agreement to contribute, whether or not legally enforceable, made for the purpose of influencing the results of the

32
received grants amounting to P100,000.00; of no public less funds than delivery of money of anything of value, or a contract, promise or agreement to make an expenditure, for the purpose of influencing the results of the election. It shall also include the use of facilities personally owned by the candidate, the money value of the use of which can be assessed based on the rates prevailing in the area. Limitations on expenditures (Sec. 13, R.A. 7166) The aggregate amount that a candidate or registered political party may spend for an election campaign shall be as follows: For Candidates

Officials or employees in the Civil Service, or members of the Armed Forces of the Philippines;

Foreigners

and foreign corporations, including foreign governments. (Sec. 96, BP 881)

It is unlawful for any person to solicit or receive any contribution from any of the persons or entities enumerated. Prohibited raising of funds It is unlawful for any person to hold the following for the purpose of raising funds for an election campaign or for the support of any candidate from the commencement of the election period up to and including election day: dances, lotteries, cockfights, games, boxing bouts, bingo, beauty contests, entertainments, or cinematographic, theatrical or other performances

President and Vice-President: P 10 for every voter currently registered Other Candidates: P 3 for every voter current registered in the constituency where he filed his certificate of candidacy Candidates Without a Political Party: P 5 for every voter

For Political Parties P 5 for every voter currently registered in the constituency or constituencies where it has official candidates Lawful expenditures (Sec. 102, B.P. 881) No candidate or treasurer of a political party shall, directly or indirectly, make any expenditure except for the following purposes:

It is unlawful for any person or organization, whether civic or religious, directly or indirectly, to solicit and/or accept from any candidate for public office, or from his campaign manager, agent or representative, or any person acting in their behalf, any gift, food, transportation, contribution or donation in cash or in kind from the commencement of the election period up to and including election day. Note, however, that normal and customary religious stipends, tithes, or collections on Sundays and/or other designated collection days, are excluded from this prohibition. Expenditures Expenditures defined (Sec. 94b, BP 881) Expenditure" includes the payment or

(a) For

traveling expenses of the candidates and campaign personnel in the course of the campaign and for personal expenses incident thereto; (b) For compensation of campaigners, clerks, stenographers, messengers, and other persons actually employed in the campaign; (c) For telegraph and telephone tolls, postage, freight and express delivery charges; (d) For stationery, printing and distribution of printed matters

33
relative to candidacy; For employment of watchers at the polls; For rent, maintenance and furnishing of campaign headquarters, office or place of meetings; For political meetings and rallies and the use of sound systems, lights and decorations during said meetings and rallies; For newspaper, radio, TV and other public advertisements; For employment of counsel, the cost of which shall not be taken into account in determining the amount of expenditures which a candidate or political party may have incurred; For copying and classifying list of voters, investigating and challenging the right to vote of persons registered in the list; such costs shall not be taken into account in determining the amount of expenses which a candidate or political party may have incurred; For printing sample ballots in such color, size and maximum number as may be authorized by the COMELEC, such costs not to be taken into account in determining the amount of expenses which a candidate or political party may have incurred; (3) show the expenditures so authorized; (4) state the full name and exact address of the person so designated; and (5) be furnished the COMELEC. Prohibited donations (Sec. 104, B.P. 881) No candidate, his or her spouse or any relative within the second civil degree of consanguinity or affinity, or his campaign manager, agent or representative shall during the campaign period, on the day before and on the day of the election, directly or indirectly, make any donation, contribution or gift in cash or in kind, or undertake or contribute to the construction or repair of roads, bridges, school buses, puericulture centers, medical clinics and hospitals, churches or chapels cement pavements, or any structure for public use or for the use of any religious or civic organization. The same prohibition applies to treasurers, agents or representatives of any political party. Normal and customary religious dues or contributions, such as religious stipends, tithes or collections on Sundays or other designated collection days, as well as periodic payments for legitimate scholarships established and school contributions habitually made before the prohibited period, are excluded from the prohibition. Duties of candidates and political parties Accounting of contributions and expenditures (Sec. 105, B.P. 881) Every person receiving contributions or incurring expenditures by authority of the candidate or treasurer of the party shall, on demand by the candidate or treasurer of the party, render to the candidate or treasurer concerned a detailed account thereof with proper vouchers or official receipts. Such accounting must be given within 5 days after receiving such contribution or incurring such expenditure. Keeping of detailed records of contributions and expenditures Keeping of records Every candidate and treasurer of the

(e) (f)

(g)

(h)

(i)

(j)

(k)

Persons authorized to incur expenditures (Sec. 103, B.P. 881) Only the following persons are permitted by law to make any expenditure in support of or in opposition to any candidate or political party: The candidate; The treasurer of a political party; Any person authorized by such candidate or treasurer.

Expenditures duly authorized by the candidate or the treasurer of the political party shall be considered as expenditures of such candidate or political party. The authority to incur expenditures must: (1) be in writing; (2) be signed by the candidate or the treasurer of the party;

34
party shall keep detailed, full, and accurate records of all contributions received and expenditures incurred by him and by those acting under his authority, setting forth therein all information required to be reported. (Sec. 106b, B.P. 881) Issuance of receipt Every candidate, treasurer of the political party, and person acting under the authority of such candidate or treasurer has the duty to: (1) issue a receipt for every contribution received; and (2) keep a receipt stating the particulars of every expenditure made. Preservation of records Records of contributions and expenditures must be preserved for at least 3 years after the holding of the election to which they pertain, for their production for inspection by the COMELEC or its duly authorized representative, or upon presentation of a subpoena duces tecum duly issued by the COMELEC. Failure of the candidate or treasurer to preserve such records or documents shall be deemed prima facie evidence of violation of this provision of law. (Sec. 106c, B.P. 881) Filing of Statement of Contributions and Expenditures Duty to file Within 30 days after election day, the candidate and the treasurer of the political party must file with the COMELEC duplicate copies of the full, true and itemized statement of all contributions and expenditures in connection with the election. (Sec. 14, R.A. 7166) This requirement to file the statement covers even those who withdrew as candidates after having filed their certificates, because Sec. 14 of R.A. 7166 does not make any distinction. (Pilar v. COMELEC, 245 SCRA 759) Duty of election registrar candidates of their duty to advise statements. (Sec. 14, R.A. 7166) Form and contents of statement The statement shall be in writing, subscribed and sworn to by the candidate or by the treasurer of the party, shall be complete as of the date next preceding the date of filing, and shall set forth in detail the following: (a) the amount of contribution, date of receipt, and the full name and exact address of the person from whom the contribution was received; (b) the amount of every expenditure, the date thereof, the full name and exact address of the person to whom payment was made, and the purpose of the expenditure; (c) any unpaid obligation, its nature and amount, and to whom said obligation is owing; and (d) such other particulars which the COMELEC may require. If the candidate or treasurer of the party has received no contribution, made no expenditure, or has no pending obligation, the statement shall reflect such fact. (Sec. 109, B.P. 881) Effect of Failure to File No person elected to any public office shall enter upon the duties of his office until he has filed the statement of contributions and expenditures. (Sec. 14, R.A. 7166) The same prohibition also applies if the political party of the winning candidate fails to file the statement within the required period Failure to file the required statements or reports constitutes an administrative offense. Offenders are liable to pay an administrative fine ranging from P 1,000.00 to P 30,000.00. Such fine shall be paid within 30 days from receipt of notice of such failure; otherwise, the COMELEC shall enforce the same by issuing a writ of execution against the properties of the offender. The commission of a second or subsequent offense under this section subjects the offender to an increased fine ranging from P 2,000.00 to P 60,000.00, and to a perpetual disqualification to hold office. (Sec. 14, R.A. 7166) Except: office Candidates for elective barangay

It is the duty of the city or municipal election registrar to advise in writing, either by personal delivery or by registered mail, within 5 days from the election date, all candidates to comply with the obligation to file their

Pilar vs. COMELEC (245 SCRA 759)

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THE ELECTION PROPER IN GENERAL What constitutes an election An election is constituted when there is a plurality of votes sufficient for a choice conditioned on the plurality of valid votes or a valid constituency regardless of the actually number of votes cast. Otherwise, there would be no winner. It is not necessary that a majority of voters should have elected the winning candidate. Even if a candidate wins due to a minority vote, if the election is lawfully held, a plurality of the majority is sufficient. Those who did not vote are assumed to assent to the action of those who voted.

The Supreme Court said that the requirement to file the statement covers even those who WITHDREW as candidates after having filed their certificates because sec 14, RA 7166 does not make any distinction. Duties of contractors, suppliers and business firms Persons or firms to whom any electoral expenditure is made have the duty to: (a) Require every agent of a candidate or of the treasurer of a political party to present written authority to incur electoral expenditures in behalf of such candidate or treasurer.

(b) Keep

and preserve at its place of business for a period of 3 years after the date of the election copies of such written authority, contracts, vouchers, invoices and other records and documents relative to said expenditures, subject to inspection by the COMELEC or its authorized representative. File with the COMELEC a report setting forth the full names and exact addresses of the candidates, treasurers of political parties and other persons incurring such expenditures, the nature or purpose of each expenditure, the date and costs thereof, and such other particulars as the COMELEC may require within 30 days after the day of the election. The report shall be signed and sworn to by the supplier or contractor, or by the president or general manager in case of a business firm. (Sec. 112, B.P. 881)

(c)

Repeal of Sec. 105-112 of B.P. 881 as election offenses Prior to R.A. 7166, failure to comply with the duties imposed by Sec. 105-112 of B.P. 881 constituted election offenses that were punishable under Art. 262 of B.P. 881. However, Sec. 39 of R.A. 7166 repealed the inclusion of said provisions as election offenses, with such repeal to have retroactive effect.