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FRANCISCO I. CHAVEZ, petitioner, vs. COMMISSION ON ELECTIONS, C.

IN THE NATURE OF AN EX-POST FACTO LAW


 The offense,is the non-removal of the described propaganda
 Chavez endorses clothing and other products, which subsequently he materials three (3) days after the effectivity of COMELEC
filed a COC for Senator Resolution No. 6520.
 His billboards were ordered to be removed by COMELEC  If the candidate for public office fails to remove such propaganda
materials after the given period, he shall be liable under Section 80 of
ISSUE: WHETHER OR NOT COMELEC RESOLUTION IS UNCONSTITUTIONAL the Omnibus Election Code for premature campaigning. Indeed,
FOR: nowhere is it indicated in the assailed provision that it shall operate
retroactively.
a. gross violation of non-impairment clause
b. invalid exercise of police power
D. CONTRARY TO FAIR ELECTIONS ACT
c. in the nature of an ex-post facto law
 provision does not prohibit billboards as lawful election propaganda.
d. contrary to Fair Elections Act
 It only regulates their use to prevent premature campaigning and to
e. Invalid due to overbreadth
equalize, as much as practicable, the situation of all candidates by
preventing popular and rich candidates from gaining undue advantage
RULING:
in exposure and publicity on account of their resources and popularity.
A. GROSS VIOLATION OF NON-IMPAIRMENT CLAUSE
E. INVALID DUE TO OVERBREADTH
 A statute or regulation is considered void for overbreadth when it
 Court has said that contracts affecting public interest contain an offends the constitutional principle that a governmental purpose to
implied reservation of the police power as a postulate of the existing control or prevent activities constitutionally subject to State
legal order. regulations may not be achieved by means that sweep unnecessarily
 This power can be activated at anytime to change the provisions of the broadly and thereby invade the area of protected freedoms
contract, or even abrogate it entirely, for the promotion or protection  It only disallows the continued display of a persons propaganda
of the general welfare. materials and advertisements after he has filed a certificate of
 Such an act will not militate against the impairment clause, which is candidacy and before the start of the campaign period. Said materials
subject to and limited by the paramount police power. and advertisements must also show his name and image.

B. INVALID EXERCISE OF POLICE POWER Under the Omnibus Election Code, election campaign or partisan political
 Republic Act No. 6646, which prohibited the sale or donation of print activity is defined as an act designed to promote the election or defeat of a
space and air time for campaigning or other political purposes, except particular candidate or candidates to a public office. Activities included under
to the COMELEC. this definition are:
 to prohibit premature campaigning and to level the playing field for
candidates of public office, (1) Forming organizations, associations, clubs, committees, or other
groups of persons for the purpose of soliciting votes and/or undertaking any
 to equalize the situation between popular or rich candidates, on one
campaign for or against a candidate
hand, and lesser-known or poorer candidates, on the other, by
preventing the former from enjoying undue advantage in exposure and
publicity on account of their resources and popularity

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(2) Holding political caucuses, conferences, meetings, rallies, parades, or GMA VS COMELEC
other similar assemblies, for the purpose of soliciting votes and/or undertaking
any campaign or propaganda for or against a candidate;  CONSTITUTIONALITY OF LIMITATIONS PLACE ON AGGREGATE
AIRTIME WAS QUESTIONED –PER STATION VS TOTAL
(3) Making speeches, announcements or commentaries, or holding AGGREGATE BASIS
interviews for or against the election of any candidate for public office;
RULING:
(4) Publishing or distributing campaign literature or materials designed to
support or oppose the election of any candidate; or
 The court held that the aggregate-based airtime limits is unreasonable
and arbitrary as it unduly restricts and constraints the ability of
(5) Directly or indirectly soliciting votes, pledges or support for or against candidates and political parties to reach out and communicate with the
a candidate. people.

G.R. No. 181613 November 25, 2009  Here, the leveling-playing field reason does not constitute a compelling
ROSALINDA A. PENERA vs.COMELEC state of interest which would justify such substantial restriction on the
freedom of candidates and political parties to communicate their ideas,
philosophies, platforms and programs of government.
 RA 8436- AUTOMATED ELECTION
 For affording enough time of ballot printing, deadline of filing COC was
 Considering also that the Philippines is not only composed of so many
removed earlier
islands but also a lot of languages and dialects are spoken among the
 Penera assailed her disqualification from running for Mayor charged of citizens across the country.
premature campaigning
 To reach out as many of the electorates as possible, national candidate
When can a person considered as candidate? must resort to medium where he can convey his message as readily
understandable and relatable.
 Section 13 of RA 9369, provides that "[a]ny person who files his
certificate of candidacy within [the period for filing] shall only be  To add all of these airtimes in different dialects would greatly hamper
considered as a candidate at the start of the campaign period for which the ability of such candidate to express himself in a form of suppression
he filed his certificate of candidacy. (Lanot vs COMELEC) of his political speech.

When can he be liable for premature campaigning? G.R. No. 212398 RAMON "E.R." P. EJERCITO, vs. HON. COMMISSION ON
ELECTIONS and EDGAR "EGA Y" S. SAN LUIS,
 a candidate is liable for an election offense only for acts done during the
campaign period, not before.
 The law is clear as daylight — any election offense that may be
committed by a candidate under any election law cannot be committed What is the jurisdiction of COMELEC in violation of Section 68 of OEC?
before the start of the campaign period. In ruling that Penera is liable
for premature campaigning for partisan political acts before the start
 As enunciated in Lanot, "(a)n erring candidate may be disqualified even
of the campaigning, the assailed Decision ignores the clear and express
without prior determination of probable cause in a preliminary
provision of the law. investigation. The electoral aspect may proceed independently of the
criminal aspect, and vice-versa

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declared stray or invalid. There is no such risk if the petition is filed after the
 necessity of the conduct of preliminary investigation pertains to cases elections.
where the offenders are charged with acts not covered by Section 68 of
the OEC, and are, therefore, beyond the ambit of the COMELEC’s
jurisdiction
I- VILLABER VS COMELEC
What is the effect of granting petition of Sec. 68?

Section 6. Effect of Granting of Petition.– In the event a Petition to disqualify a  Pablo C. Villaber, sought the nullification of two Resolutions of the
candidate is granted by final judgment as defined under Section 8 of Rule 23 and Commission on Election (COMELEC) in SPA-01-058 on April 30, 2001.
the disqualified candidate obtains the highest number of votes, the candidate
with the second highest number of votes cannot be proclaimed and the rule 1. declaring Villaber disqualified as "a candidate for and from holding
of succession, if allowed by law, shall be observed. In the event the rule of any elective public office" and canceling his certificate of candidacy
succession is not allowed, a vacancy shall exist for such position being convicted for violation of B.P. BIg. 22 involves moral turpitude
following the ruling of this Court en banc in the administrative case of
Section 5. Effect of Petition if Unresolved Before Completion of Canvass.– If a People vs. Atty. Fe Tuanda.
Petition for Disqualification is unresolved by final judgment on the day of
elections, the petitioner may file a motion with the Division or Commission En 2. Denying his MR
Banc where the case is pending, to suspend the proclamation of the candidate
concerned, provided that the evidence for the grounds to disqualify is strong. For
this purpose, atleast three (3) days prior to any election, the Clerk of the Note: Villaber and respondent Douglas R. Cagas were rival candidates for a
Commission shall prepare a list of pending cases and furnish all Commissioners congressional seat in the First District of Davao del Sur
copies of said the list.
 Cagas also asserted that Villaber made a false material
SEC. 6. Effects of Disqualification Case. - Any candidate who has been declared by representation in his certificate of candidacy that he is "Eligible for the
final judgment to be disqualified shall not be voted for, and the votes cast for him office I seek to be elected " - which false statement is a ground to deny
shall not be counted. If for any reason a candidate is not declared by final due course or cancel the said certificate pursuant to Section 78 of the
judgment before an election to be disqualified and he is voted for and receives Omnibus Election Code.
the winning number of votes in such election, the Court or Commission shall
continue with the trial and hearing of the action, inquiry or protestand, upon  Villaber countered:
motion of the complainant or any intervenor, may during the pendency thereof
order the suspension of the proclamation of such candidate whenever the - his conviction has not become final and executory because the
evidence of his guilt is strong. affirmed Decision was not remanded to the trial court for promulgation
in his presence.9

-even if the judgment of conviction was already final and executory, it


The two aspects account for the variance of the rules on disposition and cannot be the basis for his disqualification since violation of B.P. Blg. 22
resolution of disqualification cases filed before or after an election. When the does not involve moral turpitude.
disqualification case is filed before the elections, the question of disqualification
is raised before the voting public. If the candidate is disqualified after the ISSUE: whether or not violation of B.P. Blg. 22 involves moral turpitude.
election, those who voted for him assume the risk that their votes may be

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RULING:  Caballero’s contention:

In In re Vinzon,14 the term "moral turpitude" is considered as encompassing 1. he took an Oath of Allegiance to the Republic of the Philippines
"everything which is done contrary to justice, honesty , or good morals." before the Philippine Consul General in Toronto, Canada on
September 13, 2012
2. and became a dual Filipino and Canadian citizen pursuant to
In the case at bar, being convicted of such crime, as a drawer who issues an Republic Act (RA) No. 9225, otherwise known as the Citizenship
unfunded check deliberately reneges on his private duties he owes his fellow Retention and Reacquisition Act of 2003
men or society in a manner contrary to accepted and customary rule of right and
duty, justice, honesty or good morals. (paraphrasing Black's definition) 3. Thereafter, he renounced his Canadian citizenship and executed
an Affidavit of Renunciation before a Notary Public in Batanes on
The mischief it creates: October 1, 2012 to conform with Section 5(2) of RA No. 9225.

1. is not only a wrong to the payee or holder, 4. he did not lose his domicile of origin as he merely left temporarily
2. but also an injury to the public" since the circulation of valueless to pursue a brighter future for him and his family
commercial papers "can very well pollute the channels of trade and
commerce, 5. his nine months of actual stay in Uyugan, Batanes prior to his
3. injure the banking system and eventually hurt the welfare of society election is a substantial compliance with the law
and the public interest.
6. WHAT IS NECESSARY IS the acquaintance by the candidate on his
(2nd element manifest moral turpitude: The accused knows at the time of the constituents' vital needs for their common welfare
issuance that he or she does not have sufficient funds in, or credit with, the
drawee bank for the payment of the check in full upon its presentment)  COMELEC’S CONTENTION

 Clearly, in Tuanda, this Court did not make a distinction whether the 1. he failed to comply with the other requirements provided under RA No.
offender is a lawyer or a non-lawyer. Nor did it declare that such 9225 for those seeking elective office, i.e., persons who renounced their
offense constitutes moral turpitude when committed by a member of foreign citizenship must still comply with the one year residency
the Bar but is not so when committed by a non-member, hence, requirement provided for under Section 39 of the Local Government
contention of villaber that ruling is not applicable since he is not a Code; MUST RE \ESTABLISH HIS DOMICILE
lawyer is unavailing.
ISSUE: WHETHER OR NOT CABALLERO WAS ABLE TO REESTABLISHED HIS
DOMICILE IN UYUGAN, BATANES.
WHEREFORE, PETITION IS DISMISSED.
RULING:
II- CABALLERO VS COMELEC
 Caballero failed to prove that he had been a resident of Uyugan, Batanes
for at least one year immediately preceding the day of elections as
COMELEC granted petition for cancellation of Certificate of candidacy of required under Section 39 of the Local Government Code.
Caballero for having made a material misrepresentation in his COC declaring Reacquisition of Phil. Citizenship had no automatic impact or
that he is a resident of Barangay Imnajbu, Uyugan, Batanes within one year prior effect on his residence/domicile
to the election on May, 03, 2013 (despite being a canandian citizen)

NOTE: Jonathan Nanud and Caballero both candidates for mayoralty

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 His argument of substantial compliance with the rule for having stayed
9 months immediately prior to election is not persuasive. In Aquino v.
Commission on Elections,34 we held:cralawlawli

….not even the will of a majority or plurality of the voters of the Second District of
Makati City would substitute for a requirement mandated by the fundamental law
itself.

Note: when a natural-born Filipino with dual citizenship seeks for an elective
public office, residency in the Philippines becomes material. Section 5(2) of RA
No. 9225wlawlibrary

 material representation contemplated by Section 78 refers to


qualifications for elective office:
1. requisite residency,
2. age
3. citizenship
4. or any other legal qualification necessary to run for a local
elective office as provided for in the Local Government Code.

 misrepresentation must consist of a deliberate attempt to mislead,


misinform, or hide a fact which would otherwise render a candidate
ineligible

SC CONTENTIONS ON OTHER ARGUMENTS OF CABALLERO

1. THAT RESPONDENT FAILED TO PERSONALLY SERVED COPY OF


PETITION AND THAT THE XOPY SENT THRU REGISTERED MAIL LACKS
AFFIDAVIT OF REASONS OF SUCH FAILURE

-COMELEC Rules of Procedure are subject to liberal construction


-CABALLERO was not deprived of due process

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