Agra Election Law 10.27.18 PDF

Includes 2016, 2017 up to September 2018 cases
Election Law Reviewer

Alberto C. Agra
Ateneo Law School
October 27,2018
Election Laws, Alberto C. Agra 1
Election Laws
1. 1987 Constitution 8. Fair Election Act (R.A. 9006)
2. Omnibus Election Code (B.P. 9. Voter’s Registration Act of 1996
881) (R.A 8189)
3. Automated Election Law (R.A. 10. Overseas Absentee Voting (R.A.
9369 amending R.A 8436) 10590 amending R.A. 9189)
4. Synchronized Elections Act 11. Biometrics (R.A. 10367)
(R.A. 7166) 12. Lone Candidate in Special
5. 1991 Local Government Code Elections (R.A. 8295)
(R.A. 7160) 13. Official Sample Ballots
6. Initiative and Referendum (R.A.7004)
(R.A. 6735) 14. Citizenship Retention and Re-
7. Party-List System Act (R.A. acquisition Act (R.A. 9225)
7941)
Topics for Discussion
1) Philippine Elections 6) Contributions and
2) Commission on Expenditures
Elections and Election 7) Postponement and
Tribunals Failure of Elections
3) Voters and Voter 8) Automated Elections
Registration 9) Pre-Proclamation Cases
4) Elective Officials and 10) Post-Proclamation
Candidates Cases
4.1) Party-List System 11) Election Offenses
5) Campaign 12) Dispute Resolution
1) Philippine Elections
o General o Plurality Formula (and
o Free proportional representation)
o Direct o Regulated by Law
o Equal o Supervised by Comelec
o Secret o Clean, Honest, Orderly,
o Choices (Person & Policy) Peaceful and Free
o Automated (or Manual) o Regulated Contributions and
Expenditures
o All Levels
o Participated in by Political
o Synchronized conduct
Parties
o Regular
o Public Disclosures
2) Commission on Elections
Independent 7-Person Constitutional Body (administrative
agency, public office, fixed term, permanent appointments)
Plenary authority to decide all questions affecting elections

except the question as to the right to vote (qualifications);
commits grave abuse of discretion when it dismisses an
initiative petition on the ground that there were no
funds allocated for the purpose; has the power to
determine whether the propositions in an initiative
petition are within the powers of a concerned
sanggunian to enact (2017)
Enjoys Fiscal Autonomy
Wide discretion in adopting means to carry out its mandate of
ensuring CHOPFE (not straitjacketed by procedural rules), fix
length and starting date of election period outside the 120-day
default period, does not amount to undue delegation (2016)
Enforcement Power: All election laws (persons and policies);

exclusion of others; enforce, not amend laws (2016)
Judicial Power: Qualifications and Election Contests (excludes

Suffrage)
Quasi-Legislative: RA 7166 uses the mandatory word "shall" to

impose upon the COMELEC the duty to issue rules and
regulations to implement the law (bearing of firearms) (2017)

Control and Supervision: over BEIs and BOCs, over
election officers since its agents (2016)
Jurisdiction: Original (Regional, Provincial and City);

and Appellate (Municipal, Barangay and Sangguniang
Kabataan)
Remedies: En Banc (MR, administrative) and Division

(1st instance, judicial)
Process: Division - MR to En Banc then Certiorari to SC
Contempt: Judicial Proceedings (not Administrative)

Judicial (Division) Administrative (En Banc)
o Disqualification o Failure of Elections
o Election Protest o Postponement of Elections
o Quo Warranto o Election Offense (filing of
o Pre-Proclamation information)
o Annulment of Proclamation o Annulment of Book of Voters
o Intra- and inter-party o Cancellation of certificate of
candidacy based on final
o Cancellation of a certificate of
judgment of conviction with
candidacy
ancillary penalty of DQ
o Leadership (not expulsion of
o Allocation of party-list seats
member)
o Accreditation of Major Parties
o Registration of Political Parties
Election Laws, Alberto C. gra 8
SC SC SC
En Banc En Banc En Banc
Division
Judicial Administr Rule-

ative
Election Laws, Alberto C. gra
Making 9
3) Public Offices
Branch Public Office
Regular Courts Supreme Court (judicial review over SET and HRET, 2016)
Court of Appeals
Regional Trial Court
Municipal Trial Court
Tribunals Presidential Electoral Tribunal
Senate Electoral Tribunal (exclusive and only task, 2016)
House of Representatives Electoral Tribunal (assumes jurisdiction
when proclaimed and taken oath, 2016; can annul results in
precincts, 2017)
COMELEC National Board of Canvassers
En Banc
Division (can become final without en banc confirmation, 2016)
Board of Canvassers
Board of Election Inspectors
Law Department
Executive Department of Justice
3) Election Tribunals

3) Voters: Concepts
What? Suffrage is a Right (not an obligation)
Who? Qualifications defined in Constitution;
Disqualifications defined in Statute; Allow
Absentee Voting, Dual Citizens, Disabled and
Illiterates to Vote
How? Procedural Requirements allowed to be
imposed, Substantive not allowed
Distinguished from Right to Register
3) Voters: Qualifications
Filipino Citizen
At least 18 years of age on election day
Resident in Philippines for at least 1 year prior to
election day (domicile; permanent residency)
Resided in place wherein propose to vote for at least
6 months prior to election day (permanent or
temporary)
Free from Disqualifications
In order to vote, must be a registered voter
3) Voters: Disqualifications
Sentenced by final judgment – imprisonment

of 1 year or more
Sentenced to suffer accessory penalty –
political rights
Adjudged by final judgment – crime involving
disloyalty
Court-declared insane and incompetent
persons
3) Voters: Registration
Nature: Continuing
Listing: Computerized List at all Levels
Number: 200 Voter-Precinct (several
precincts can be clustered)
Biometrics: Mandatory for new; for
registered voters, validation
Changes: Permanent but subject to changes
(+ or -)
3) Voters: Registration
Addition (+) Deletion (-)
o New Voters o Cancellation (death)
o Transfer of Residence to o Transfer of Residence from
o Reactivation o Deactivation
o Inclusion o Exclusion
o Annulment of Book of Voters

3) Voters: Deactivation
Disqualified to Vote
Failed to Vote in 2 preceding elections
Registration Excluded by the Court
Lose Filipino Citizenship
Failure to have biometrics taken (validation)

3) Voters: Opposition
What? Applications not yet resolved
Where Oppose? Election Registration Board
Who may Oppose? Voter, Candidate or Political
Party
When? Specified Period
How Oppose? File Written Opposition/ Challenge
Why Oppose? Not Qualified, Fictitious
Appearance? Mandatory if application opposed
3) Voters:
Inclusion/ Exclusion
What? Applications already acted upon
Where File? MTC (not Comelec), then RTC (not
Comelec), then SC (question of law)
Grounds? Inclusion - Disapproval or Name
Stricken Out; Exclusion - Not Qualified or
Fictitious Voter
When? Specified Period

3) Voters:
Annulment of Book of Voters
Annul What? Book of Voters per precinct
Where File? Comelec
When Filed? Normally, after period to file
inclusion/ exclusion lapses
Who Files? Any Voter, EO or Party
What Grounds? (1) Book Prepared Improperly,
Preparation Attended with Vice or Fraud, and (2)
Book contains Statistically Improbable Data (not
on substantive, qualification of voters)
3) Voters: Election Day
Illegal Voter
Not registered; Use another name; Disqualified;
Multiple Registrant (allowed to vote if properly
identified)
Illegal Act
Vote-Buying; Vote-Selling; Vote-Betting: Promise to
induce or withhold vote (allowed to vote if take
oath)

4) Officials: Elective
National Office
President; Vice-President; Senators (24; 1/2);
Representatives (District and Party-List)
Local Office
LCE: Regional Governor, Provincial Governor, City
or Municipal Mayor and Punong Barangay
VLCE: Vice-Governor and Vice-Mayor; Sanggunian
Members
4) Officials: Elective

4.1) Types of Representatives
Features District Party-List
Representatives Representatives
Candidate Natural Person Party or Organization
Personalities Directly, Personalities Indirectly, Personalities
Portion of 80% 20%

House
Formula Plurality Proportional
Representation
Nominee Natural-Born; 25 yo; Same; except 25-30 if
Qualifications Literate; 1 year residency; youth; registered
Registered in District anywhere
4.1) Number of PL Seats
o 20% of House of Representatives
o All seats are “reserved” and must be filled up
o Formula: # of DRs/ 0.8 x 0.2
o So in 2019:
238/ 0.8 x 0.2 = 59.5 (59 or 60

seats)
4.1) Qualified Participants
National Parties/ • need not be sectoral
Organizations • geographical presence/ track record
Regional Parties/ • need not be sectoral
Organizations • geographical presence/ track record
Sectoral Parties/ • principal advocacy
Organizations • no need to show track record
• represents 12 marginalized sectors
• list of 12 not exclusive
Political Parties • Register under system
• Not field district representatives
• If field district representatives,
through sectoral wing
4.1) Disqualified Parties
Advocates
Religious Sect
Violence
Adjunct of, Foreign or

Funded by Foreign-
Government Assisted Party
4.1) Statutory Thresholds
nd Maximum
2% of 2
3 seats (only 1
votes per seat
party)
Real Threshold: <2%

4) Officials: Qualifications
Enumeration: Set by the Constitution (national) and statutes (local)
Citizenship (naturalized elsewhere: oath and renounce, 2016; foundling presumed

natural-born unless proven otherwise, 2016; clerical error in date of notarization of
Affidavit of Renunciation [dual citizenship] not fatal, 2017)
Age
Residency (physical presence may be broken; not require 24/7, 2016)
Registered Voter
Literacy
Free from Disqualifications
Not perpetually disqualified (grave misconduct; repeated failure to file SOCE, 2017)
[Undertake Drug Test under CDDA OF 2002, unconstitutional]
Procedure: Electoral aspect of DQ (administrative proceeding): summary

4) Specific Qualifications

4) Candidate: Evolution
of Definition (under AES)

4) Officials: Candidate
Definition: Seeks public office and files certificate of candidacy and
campaign period has started (under automated system); October 11 to 17,
2018 for May 13, 2019 elections (2019)
Nature of CoC: only 1 CoC; announce and declare eligible (2016); if CoC
void, candidate not considered a candidate even if cancelled after elections
(2016); perpetual disqualification [guilty of grave misconduct] renders CoC
void, cannot be re-elected (2017)
Ministerial Duty: If filed in due form, ministerial duty to receive COC;

Comelec may look into patent defects (appearing on the face) of CoCs
Effect of Non-Filing: Not a candidate (not liable for unlawful acts and
omissions before becoming a candidate; before start of campaign period)
Effect of Filing: On Tenure of Incumbents (elective – remain in office;

appointive – ipso facto resigned)
4) Officials:
Certificate of
Candidacy

4) Officials: Substitution
Grounds: (1) Death, (2) Withdrawal, and (3) Disqualification (not
allowed if: (a) violate term limit; (b) not meet residency
requirement; (c) CoC denied due course or cancelled – (c.1)
nuisance and (c.2) material misrepresentation); if invalid
substitution – not considered a candidate
Who? Substitute must be Qualified; not allowed for independent
candidate (PP/ Coalition can only nominate 1)
When? Up to mid-day of election day (if withdrawal, not after
November 29, 2018; death or final DQ decision, mid-day of May 13
provided same surname)
Substitute? Qualified (not disqualified) and Same Party
Limitations: Substituted candidate can still run for other elective
positions; Withdrawal not affect liabilities

4) Officials: Disqualifications
Purpose of DQ: prevent candidate from running, or if
elected, from serving; DQ distinct from administrative case
(2016)
Lack qualifications/ possess some disqualifications
Violate Term Rule (1-2-3 terms)
Commission of an election offense
Nuisance Candidate
Sentenced by Final Judgment (accessory penalty)
Willfully Commits Material Misrepresentation
No valid, timely and properly filed certificate of candidacy
Grounds under the 1991 LGC, for local elective officials
35
Lack of Qualifications (fact prevails over statements in CoC, 2016)
Pleading? Petition to Disqualify a Candidate
Grounds? Constitution or Statutes; for local officials under OEC
and LGC (e.g. fugitives) (2016); suspension not a ground since law
provides for removal (2017)
Where File? Comelec Division
When File? Before Proclamation
Process? Summary, Due Process, requires a complaint/ petition;
not motu propio unless there is final judgment
If Not File? Quo Warranto
Commission of Election Offenses
Pleading? Petition to Disqualify a Candidate
What Offenses? Enumerated in Section 68 OEC (2 options –
DQ case or Election Offense criminal case): Vote-Buying,
Terrorism, Unlawful Expenditures, Unlawful Campaign,
Coercion of Subordinates, Threats, Prohibition against Release
of Public Funds (other election offenses – file EO case – RTC
hears)
Where File? Comelec Division
When File? Before Proclamation
If Not File? Election Protest; Election Offense
Nuisance Candidate
Petition? Petition to Declare a Candidate a Nuisance
Candidate
Who Is? Campaign Capability, Intention, Performance,
Exposure, Platform, Party Affiliation, Organization, Profession,
Income, Health, Education, Name
Where File? Comelec Division (not HRET, 2016)
When File? Within 5 days from Last Day Filing of Certificate
of Candidacy
If Not File? No remedy
Misrepresentation
Pleading? Petition to Deny Due Course to or Cancel a Certificate of
Candidacy
What? Misrepresentation must be Material (pertains to Qualifications
and Disqualifications, also as to permanent residency (2016); knowing
conviction of libel/ crime involving moral turpitude (2016); violation of 3-
term rule [not petition to disqualify] (2017); not surname, profession,
political party) and Willful/ Deliberate; Even if there is
‘misrepresentation,“ if actually qualified, should not be disqualified
Where File? Comelec Division (summary nature, rule on patent
misrepresentations, not make conclusions of law contrary to jurisprudence,
2016)
When File? 25 days from Filing of CoC (2017)
If Not File? Quo Warranto
Misrepresentation

4) Compare and Contrast


4) Effect of DQ
Succession or
Special Elections “2nd Placer”
o Commission of an election o Violation of 3-term limit
offense o Not a voter (inclusion denied
with finality)
o Conviction of criminal offense
involving moral turpitude
o Not a Filipino citizen
o Dual Citizen (2016)
o Final decision on DQ before
elections

5) Campaign: Concept
Definition: Act designed to promote the election or defeat of a
candidate; satire of political parties on social issues not election
propaganda (2016)
Operative Act: Intent/ Design material (not all acts of

beneficence are considered campaigning) and Period (start of
campaign)
Application: All Candidates for All Elective Offices
Framework: Regulated but Liberalized
Period: 90 days for nationally-elected and 45 days for locally-

elected (February 12 and March 29 for May 13, 2019 elections)

5) Campaign: Allowable Forms
Forming Organizations
Holding Rallies
Making Speeches
Distributing Campaign Materials
Soliciting Votes
Publishing Advertisements

5) Campaign: Propaganda
Paid Political Advertisements (Comelec

debates could be live-streamed, 2016)
Free Space and Airtime
Use of Gadgets and Billboards
Private Poster Areas
Posting in Private Places, PUVs and terminals

5) Campaign: Forms
Printed Materials (8.5”W x 14”L)

Letters
Posters (2’x 3’) in Poster Areas (12’x 16’)
Rally Streamers (3’x 8’)

5) Campaign: Paid Ads
Print: 1/4th page in broadsheet; ½ in tabloid 3x a week
Television: 120 minutes (for national); 60 minutes (for

local) per station (not overall, 2016)
Radio: 180 minutes (for national); 90 minutes (for local)
(being in news not counted)

5) Campaign: Unlawful Acts
Foreign Intervention
Removal or Destruction of Lawful Propaganda
Materials not Disclose Payor
Exceed Limits (Time and Space)
Transportation, Foods and Drinks During Rallies
Movie or Video of or by Candidate

6) Prohibited Contributions
All SEC-registered Franchise Holders
corporations
Donee Institution from
Financing Government
Institutions
(P100,000)
Public Utility
Operator Donee Educational
Institutions (P100,000)
Natural Resources
Explorer Foreigners/ Foreign
Corporations
Government
Contractors Civil Servants and AFP

6) Other Prohibited Acts
Not reveal true name of contributor

Not report all contributions
Exceed Limits (P10, P5, P3)
Not file Statement of Contributions and
Expenditures (perpetual DQ for repeated failure,
2016)
Expenditures made by non-authorized persons

6) Lawful Expenditures
Use of Facilities Advertisements
Travel Meetings/ Rallies
Compensation Counsel*
Communications Copying of List of
Voters*
Written Materials
Sample Ballots*
Pollwatchers
Volunteers
Office/ HQ
(* - not included in cap)
7) Postponement of Elections
Grounds: (1) Force majeure, (2) Violence, (3)
Terrorism, (4) Loss or Destruction of Election
Paraphernalia, and (5) Analogous Causes
Extent: Serious and Impossible to have free and
orderly elections
Conditions: Grounds must exist before end of voting/
transmission
Authority: Comelec en banc (petition or motu propio);
not BEI or election officers
Result: Special Elections within 30 days from cessation
7) Failure of Elections
Grounds: (1) Force majeure, (2) Violence, (3) Terrorism, (4) Fraud,
and (5) Analogous Causes
Extent: Failure to elect and affect results of elections; relates to
entire elections (2016)
Examples: Failure - transfer of venue of counting without notice,
ballots replaced/ burned; No Failure – voting resumes after sporadic
violence/ gun fire, fake ballots, landslide results, vote-buying,
destruction of copies of ERs; convincing evidence showing will of
people muted by causes (2016)
Conditions: Election not held or suspended, After voting, During
preparations or transmission of election returns, Canvassing
Authority: Comelec en banc (petition)
Result: Special Elections within 30 days from cessation (objective of
declaration, 2016)

8) Automated Elections
When: 2nd Monday of election year (May 13, 2019)
Statutory Bases: RA 9369 amending RA 8436
Automated Election System: voting, counting,
consolidating, canvassing, and transmission (not
proclamation)
Paper-Based or Direct Recording Election System:
Ballots, Election Returns, Certificate of Canvass,
Statement of Votes (25% shading threshold)
Comelec Discretion: AES or AESs, Paper-Based or
Direct Recording

Features: Use of Ballots, Stand-alone
machine, with Audit Trails, Minimum Human
Intervention and Security Measures
Processes:
1. Casting, Counting and Transmission at
Precinct Level
2. Consolidation and Proclamation at
Canvassing Levels
8) Vote-Counting Machines

Precinct-Level Result: Printing of Elections Returns
(30 copies) then Electronic Transmission to Board of
Canvassers; Results loaded in Data Storage Devices
Canvassing at BoC: Consolidation of Results in Data
Storage Devices then Electronic Transmission to
Comelec (Senate and Party-List) and Congress
(President and Vice-President) and Proclamation
Canvassing Periods: May 13 to 16, 2019 (city/
municipal); May 17 to 19, 2019 (others)

9) Pre-Proclamation Cases
Aspects: BoC-related (BoC or Comelec division, concurrent) and
Results-related (BoC)
Allowed: Objections pertaining to Proceedings and Composition of

BoC; Pollwatchers-related; Data-Storage Delayed, Destroyed,
Falsified (before canvass)
Not Expressly Allowed:
1. Material Defects, Manifest Errors, Omission, Discrepancy (not

allowed under Comelec Resolution for AES, allowed for
manual)
2. Rules of Appreciation; Violence; Voting Procedure; Eligibility of

Voters (whether manual or AES)
10) Post-Proclamation:
Election Protests
Grounds: Fraud and Irregularities in Casting, Counting and Canvassing
Documents in Question/ Evidence: Ballots, ERs, CoCs and Data-Storage Devices
Venue: P/VP (PET); Senators (SET); Representatives (HRET); Regional; Province; City
(Comelec Division); Municipality (RTC); Barangay (MTC)
Requirements: Filed by candidate; Within period; Protestee proclaimed; Payment of
filing fee; Allegations of fraud; Identify precincts; Verified; Certificate of non-forum
shopping
Procedure: Revision; Trial; range of shading thresholds; objective of the revision
process of mimicking or verifying/confirming how the VCMs read or counted the votes
can be achieved by referring to the ERs generated by the VCMs; decrypted ballot
images where the integrity of the ballots and the ballot box was not preserved (2018)
If prosper: protestee removed, true winner proclaimed; rendered moot upon the
occurrence of a subsequent election since it is impossible to assume office for the
previous term (2018)
Quo Warranto
Grounds: Disloyalty to Republic; Ineligibility
Venue: Same as Election Protest
If prosper: Respondent ousted; special elections or succession
Covers Impeachable Officers: quo warranto and impeachment

can proceed independently and simultaneously; Constitution does
not foreclose a quo warranto action against impeachable officers;
To subscribe to the view that election of impeachable officers are
outside judicial review is to cleanse their election of any possible
defect pertaining to the Constitutionally-prescribed qualifications
(2018)

Annulment of Proclamation
Grounds: Proclamation based on irregular and
illegal canvass
Period to File: 10 days from proclamation
Venue: Comelec Division
Effect: Proclamation annulled; re-canvass

11) Election Offenses

11) Election Offenses

12) Cases per Category
Categories Specific Cases
Electorate o Opposition to Application for Registration

o Inclusion and Exclusion
o Annulment of Book of Voters
o Challenge on Election Day
o Election Offense
Candidate o Disqualification
o Quo Warranto
o Election Offense
Election Integrity o Postponement of Elections
o Failure of Elections
Pre-Proclamation o BoC-related
o Consolidated Results-related
Election Protests/ o Annulment of Proclamation

Post-Proclamation o Election Protest
o Quo Warranto
Election Offenses o Against Candidates

o Against Non-Candidates and Voters
12) Dispute Resolution




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Includes 2016, 2017 up to September 2018 cases

Election Law Reviewer

Plenary authority to decide all questions affecting elections

Enforcement Power: All election laws (persons and policies);

Judicial Power: Qualifications and Election Contests (excludes

Quasi-Legislative: RA 7166 uses the mandatory word "shall" to

Election Laws, Alberto C. Agra 6

Jurisdiction: Original (Regional, Provincial and City);

Remedies: En Banc (MR, administrative) and Division

Process: Division - MR to En Banc then Certiorari to SC

Contempt: Judicial Proceedings (not Administrative)

Election Laws, Alberto C. Agra 7

En Banc En Banc En Banc

Judicial Administr Rule-

Election Laws, Alberto C. Agra 11

Sentenced by final judgment – imprisonment

Election Laws, Alberto C. Agra 16

Election Laws, Alberto C. Agra 17

Election Laws, Alberto C. Agra 19

Election Laws, Alberto C. Agra 21

Election Laws, Alberto C. Agra 23

Personalities Directly, Personalities Indirectly, Personalities

Portion of 80% 20%

238/ 0.8 x 0.2 = 59.5 (59 or 60

Adjunct of, Foreign or

Real Threshold: <2%

Citizenship (naturalized elsewhere: oath and renounce, 2016; foundling presumed

Procedure: Electoral aspect of DQ (administrative proceeding): summary

Election Laws, Alberto C. Agra 30

Election Laws, Alberto C. Agra 31

Ministerial Duty: If filed in due form, ministerial duty to receive COC;

Effect of Filing: On Tenure of Incumbents (elective – remain in office;

Election Laws, Alberto C. Agra 33

Election Laws, Alberto C. Agra 34

Election Laws, Alberto C. Agra 40

Election Laws, Alberto C. Agra 41

Election Laws, Alberto C. Agra 42

Election Laws, Alberto C. Agra 43

Operative Act: Intent/ Design material (not all acts of

Application: All Candidates for All Elective Offices

Framework: Regulated but Liberalized

Period: 90 days for nationally-elected and 45 days for locally-

Election Laws, Alberto C. Agra 44

Election Laws, Alberto C. Agra 45

Paid Political Advertisements (Comelec

Election Laws, Alberto C. Agra 46

Printed Materials (8.5”W x 14”L)

Election Laws, Alberto C. Agra 47

Television: 120 minutes (for national); 60 minutes (for

Radio: 180 minutes (for national); 90 minutes (for local)

(being in news not counted)

Election Laws, Alberto C. Agra 48

Election Laws, Alberto C. Agra 49

Election Laws, Alberto C. Agra 50

Not reveal true name of contributor

Election Laws, Alberto C. Agra 51

Election Laws, Alberto C. Agra 55

Election Laws, Alberto C. Agra 56

Election Laws, Alberto C. Agra 58