TOPIC 1

I. LAWS GOVERNING ELECTIONS

Main Sources of
Election Laws:

A. 1987 PHILIPPINE CONSTITUTION

B. OMNIBUS ELECTION CODE (BP BLG. 881)

C. LOCAL GOVERNMENT CODE

A. 1987 PHILIPPINE CONSTITUTION

Article II, Section 1: Declaration of Principles

ü Section 1 The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government authority emanates
from them.
ü Section 13 The State recognizes the vital role of the youth in nation
building and shall promote and protect their physical, moral, spiritual,
intellectual, and social well-being. It shall inculcate in the youth patriotism
and nationalism, and encourage their involvement in public and civic
affair.
ü Section 23 The State shall encourage non-governmental, community-
based, or sectoral organizations that promote the welfare of the nation.
ü Section 26 The State shall guarantee equal access to opportunities for
public service, and prohibit political dynasties as may be defined by law.

Article III – Bill of Rights

ü Section 4 – No law shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the people to peaceably
assemble and petition the government for redress of grievances.
ü Section 5 – No law shall be made respecting an establishment of religion,
or prohibiting the free exercise thereof. The free exercise and enjoyment of
religious profession and worship, without discrimination or preference,
shall forever be allowed. No religious test shall be required for the
exercise of civil or political rights.
ü Section 8 – The right of the people, including those employed in the
public and private sectors, to form unions, associations, or societies for
purposes not contrary to law shall not be abridged.

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 ü Section 16 – All persons shall have the right to a speedy disposition of
their cases before all judicial, quasi-judicial, or administrative bodies
ü Section 18 – (1) No person shall be detained solely by reason of his
political beliefs and aspirations. (2) No involuntary servitude in any form
shall exist except as a punishment for a crime whereof the party shall have
been duly convicted.

Article IV. Citizenship

- Citizenship is one of the basic and fundamental requirements for the
exercise of the right to vote and for those who intend to run for public office are
reserved only to those who are Filipino citizens.

Article V. Suffrage
- Qualification of voters and the mandate imposed upon Congress to
provide a system for securing the secrecy and sanctity of the ballot as well as a
system of absentee voting which is likewise provided under RA 9189.

Article VI. Legislative Department

- Provides for the composition of the members of the HR, qualifications,
term of office, party list, vacancy, composition of the HRET and SET.

Article VII. Executive Department

- Provides for the qualifications, term of office, limitations of term, manner
of canvass and proclamation, composition of the PET and vacancy;

Article IX-A
- Provides for the common provisions for constitutional offices;

Article IX- C: COMELEC

- Provides for the composition, powers and functions of the COMELEC,
the body created by the Constitution to conduct any electoral exercise as well as
uphold and safeguard the integrity and sanctity of the ballot in order to achieve
its objective of holding an honest, orderly peaceful free and credible elections;

Article X General provision on Local Government

- Provides for the requirements for alteration of political boundaries;

Article XVI (General provisions)

- Prohibition against partisan political activities or prohibition on the
appointment or designation of a member of the armed forces in the active service
to a civilian position in the government;

Article XVII
- Amendments or revisions to the constitution.

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Amendatory Laws:

§ RA 6646 (Electoral Reform Law of 1987)

- Sec. 2 thereof re-enacted the Omnibus Election Code when it
provided that the “ first local elections under the new Constitution
and all subsequent elections and plebiscites shall be governed by
this Act and by the provisions of the BP 881, otherwise known as
the OEC of the Philippines, and other election laws not inconsistent
with this Act;

§ RA 7166 (An Act which provided for the synchronization of the National
and Local Elections of 1992);

§ RA 7904 (An Act Governing the conduct of the 1995 Senatorial and Local
Elections);

§ RA 7941 (An Act providing for the election of party-list representatives

through the party-list system - Nov. 26, 1991);

§ RA 8189 (Voters Registration Act of 1996 providing for the General

Registration of Voters & Adopting a System of Continuing Registration -
June 11, 1996);

§ RA 8295 (Proclamation of Lone Candidate in Special Elections - June 6,

1997);

§ RA 8436 (An Act Authorizing the COMELEC to Use an Automated

System in the May 11, 1998 National and local Elections and in subsequent
National and Local Electoral Exercises)
- Sec. 11, impliedly repealed Sec. 67 of BP 881 being inconsistent with
Sec. 11, which provides that elective officials running for any office
other than the one he/she is holding in a permanent capacity,
except for President and VP, shall be deemed resigned only upon
the start of the campaign period corresponding to the position for
which he/she is running;

§ RA 8524 (An Act Changing the Term of Office of Brgy. Officials and
Members of the SK from 3 years to 5 years amending Sec. 43 (c) of RA
7160, the Local Government Code of 1991 - Feb. 14, 1998);

§ RA 9006 (An Act to Enhance the Holding of FRECRE through Fair

Election Practices - Feb. 12, 2001)

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 - Sec. 14 of RA 9006 expressly repealed Sec. 67 of BP 881 and
rendered effective the provision of Sec. 11 of RA 8436 insofar as the
applicability of Sec. 11 on the matter is concerned.

§ RA 9164 (An Act Providing for Synchronized Barangay and SK. Elections,
amending RA 7160, as amended - March 19, 2002);

§ RA 9189 (An Act Providing for a System of Overseas Absentee Voting by

Qualified Citizens of the Philippines Abroad);

§ RA 9225 (An Act Making the Citizenship of Philippine Citizens who

Acquire Foreign Citizenship Permanent, Amending For the Purposes C.A.
No. 63, as amended - August 29, 2003);
§ RA 9244 (An Act Eliminating the Preparatory Recall Assembly as a Mode
of Instituting Recall of elective Government Officials - February 19, 2004.)

B. Batas Pambansa Blg. 881 or Omnibus Election Code: It is the basic law on
elections. It was enacted into law on December 3, 1985. It codified all previous
election laws. It has undergone some amendments basically by the 1987
Constitution, RA 6646 or The Electoral Reform Law of 1987 and RA 7166
providing for synchronized national and local elections. The Omnibus Election
Code remains as the fundamental law on the subject of election and other
legislations (amendments) are designed to improve the law and to achieve the
holding of free, orderly, honest, peaceful and credible elections.

C. Republic Act No. 7160 or The Local Government Code: in so far as the
qualifications, elections, disqualification and recall of local elective officials are
concerned, also as to local initiative and referendum.

Objective and Purpose

of Election Laws

The basic law on elections and these amendments are designed to improve the
law and to protect the integrity of the elections in order to achieve the objective
of holding an:
• HONEST,
• ORDERLY
• PEACEFUL
• FREE AND
• CREDIBLE elections (HOPE-FRECRE).

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Other than HOPE-FRECRE, the purpose of an election is to enable the electorate
to choose the men and women who would run their government, whether
national, provincial, city, municipal, or barangay.

It is to give the voters direct participation in the affairs of their government, ether
in determining who shall be their public officials or in deciding some questions
of public interests, and for this purpose all of the legal voters shall be permitted,
unhampered, and unmolested, to cast their ballots.

Underlying Philosophy
of Election Laws
(Theory of Popular Sovereignty)

Article 2 section 1 of the Constitution provides that “The Philippines is a

Republican state. Sovereignty resides in the people and all government authority
emanates from them.”

As a republican form of government, every qualified citizen has a right to

submit his candidacy to the voters in an election to determine who should speak
or act for them as a lawmaker which right must be respected. A democratic and
republican government derives all its powers, directly or indirectly, from the
people at large. Actual sovereignty is exercised by the people by means of
suffrage.

Construction
of Elections Laws

Under Section 3 Rule 1 of the Comelec Rules of Procedure, election

contests are reasonably and liberally construed as it is imbued with public
interest to give way to the will of the electorate and ascertain by all means the
real candidate elected by the people. The Comelec Rules of Procedure provide
that the rules shall be liberally construed in order to promote the effective and
efficient implementation of the objectives of ensuring the holding of honest,
orderly, peaceful, free and credible elections and to achieve a just, expeditious
and inexpensive determination and disposition of every action and proceeding
brought before the Comelec.

In applying the rules of statutory construction, however, the provisions of

election laws are divided into three parts, viz:

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 1. Those which refers to the provisions for the conduct of elections which
election officials are required to follow
→ The rules and regulations for the conduct of elections are
mandatory before the election, but when it is sought to enforce
them after the elections they are held to be directory only, if that is
possible, especially where, if they are held to be mandatory,
innocent voters will be deprived of their votes, without any fault on
their part. Innocent voters should not be deprived of their
participation in the affairs of their government for mere
irregularities on the part of the election officers. The law provides a
remedy, by criminal action, against these officers who, under the
law to direct the election and guard the purity of elections, have not
done their duty.

2. Those provisions which candidates for office are required to do and

comply with.
→ These are generally regarded as MANDATORY.
→ The provisions prescribing the qualifications of candidates,
requiring the filing of certificates of candidacy, defining the election
offenses, and limiting the period within which to file election
contests, are mandatory and failure to comply with such provisions
are fatal.

3. Those procedural rules, which are designed to ascertain, in case of

dispute, the actual winner in the elections.
→ The provisions of the election law designed to determine the will of
the electorate are LIBERALLY construed. The courts frown upon
any interpretation that would hinder in any way not only the free
and intelligent casting of the votes in an election but also the correct
ascertainment of the results thereof. Technical and procedural
barriers should not be allowed to stand if they constitute an
obstacle in the choice of their elective official.

Liberal Construction Policy is NOT

applicable in the following instances:

1. When the amendment to pleadings in an election contest will substantially

change the cause of action, defense or theory of the case;
2. When the amendment will alter a final judgment on a substantial matter;
3. When the amendments will confer jurisdiction upon the court when none
existed before;
4. When it seeks to cure a premature or non-existent cause of action;
5. When the amendment is intended to delay the proceedings of the case.

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Laws for the conduct of Elections Before: Mandatory
After: Directory

Laws for candidates Mandatory and strictly construed

Procedural Rules Liberally construed in favour of ascertaining the will

of the electorate.

II. SUFFRAGE
It is the right and obligation of qualified citizens to vote in the election of
certain national and local officials, and in the decision of public questions
submitted to the people. It is an attribute of sovereignity, which resides in the
people and entitles them to have a direct participation in government. It is the
bedrock of all republican institutions. It is a recognition that the people in their
sovereign character are the fountainhead of governmental authority and that
their right to participate in the power process is indispensable for democratic
government to constitute an effective instrument of social control.

However, suffrage is not a natural right but a privilege, which may be

given or be withheld by the lawmaking power subject to constitutional
limitations and granted only upon the fulfillment of certain minimum conditions.

Additional discussion
of the assigned cases

Angel Naval v. Comelec and Nelson B. Julia 729 SCRA 299 (2014)

Naval had been elected and had More importantly, the Court
served as a member of the Sanggunian discussed in Naval case the role of
2nd District, Province of Camarines Sur elections in our democratic and
from 2004-2007, 2007-2010, 2010-2013. republican state and the restraints
Pursuant to RA 9716, the legislative imposed upon those who hold public
districts in Camarines Sur was office.
reapportioned wherein 8 out of 10
towns were taken from the old 2nd 1. The Philippines is a democratic
district to form the present 3rd district. and republican State.

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The present 2nd district is composed of Sovereignty resides in the
2 remaining towns which was merged people and all government
with 4 towns from the old 1st district. authority emanates from them.
(Article II, Section 1, 1987
In 2013, Naval ran and was re- Constitution)
elected. A petition to deny due course
or to cancel the Certificate of 2. A republic is a representative
Candidacy of Naval was filed in 2012 government, a government run
by Julia invoking Section 78 for having by and for the people. It is not
served 3 consecutive terms. pure democracy where the
people govern themselves
Naval alleges that the 1st, 2nd, directly.
and 3rd districts of Camarines Sur are
not merely renamed but are composed 3. The essence of republicanism is
of new sets of municipalities. With representation and renovation,
separation of the 2 towns from the the selection by the citizenry of a
other 8 towns which used to comprise corpos of public functionaries
the 2nd district, the voters from the who derive their mandate from
3rd legislative districts are no longer the people and act on their
the same one as those who had elected behalf, serving for a limited
him to office in 2004 and 2007. period only, after which they are
replaced or retained, at the
This case pertained to the option of their principal.
application of the 3-term limit rule
upon local elective official whose 4. A republican government is a
district was RENAMED and/or responsible government whose
REAPPORTIONED. The Court noted officials hold and discharge their
that pursuant to said RA 9716, the position as public trust and
district which elected him for the 3rd shall, according to the
and 4th time is the same one which Constitution, ‘at all times be
brought him to office in 2004 and accountable to the people’ they
2007. are sworn to serve. The purpose
of republican government, it is
Further the Court held that almost needless to state, the
sustaining Naval’s arguments would promotion of the common
practically allow him to hold the same welfare according to the will of
office for 15 years. These are the the people themselves.
circumstances the Constitution
explicitly intends to avert. The drafters
of the Constitution recognized the
propensity of public officers to
perpetuate themselves in power, hence,
the adoption of term limits and a
guarantee of every citizen's equal

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access to public service. These are the
restrictions statesmen should observe
for they are intended to help ensure the
continued vitality of our republican
institutions.

Kabataan PartyList vs. Comelec 777 SCRA 574

The case pertained to the The Biometrics Validation does not rise
implementation of RA 10367 to the level of substantial qualification with
which mandated the penalty of deactivation.
COMELEC to implement a
mandatory biometrics 1. The right to vote is not a natural right but
registration system for new is a right granted by law. Suffrage is a
voters to establish a clean, privilege granted by the State to such
complete, permanent and persons or classes as are most likely to
updated list of voters through exercise it for the public good.
the adoption of biometric
technology. 2. The State may regulate the right of
suffrage by imposing statutory
Likewise, registered disqualifications, with restriction,
voters whose biometrics have however, that the same do not amount to
not been captured shall submit a “literacy, property or other substantive
themselves for validation. requirement.” Based on its genesis, it
Those who failed to comply may be gleaned that the limitation is
with the foregoing on or geared towards the elimination of
before October 31, 2015 irrelevant standards that are purely
resulted to their deactivation based on socio-economic considerations
or No Bio-No Boto which that have no bearing on the right of a
consequently prevented them citizen to intelligently cast his vote and to
to vote for the May 2016 further the public good.
elections.
3. Registration is not a qualification but a
Petitioners prayed before mere form of regulation. A
the Supreme Court, through a “qualification” is loosely defined as “the
Petition for Certiorari and possession of qualities, properties (such
Prohibition, to declare RA as fitness or capacity) inherently or
10367, as well as COMELEC legally necessary to make one eligible for
Resolution Nos. 9721, 9863, a position or office, or to perform a
and 10013 (resolutions which public duty or function.”
provided rules implementing
RA 10367), unconstitutional. 4. Properly speaking, the concept of a
Said petition likewise prayed “qualification”, at least insofar as the
that the COMELEC be discourse on suffrage is concerned,

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commanded to desist from should be distinguished from the
deactivating registered voters concept of “registration”, which is
without biometric jurisprudentially regarded as only the
information, to reinstate voters means by which a person’s qualifications
who are compliant with the to vote is determined.
requisites of RA 8189 but have
already been delisted, and to
extend the system of
continuing registration and
capture of biometric
information of voters until
January 8, 2016.

The Court, however,

dismissed their petition due to
lack of merit.

Bagumbayan-VNP Movement, Inc. and Richard J. Gordon, as Chairman vs.

Comelec (787 SCRA 1)

One of the features of the PCOS 1. Article XI(C), Section 2 of the

machine is the Voter-Verified Paper 1987 Constitution empowered
Audit Trail (VVPAT). Its functionality the Commission of Elections to
is in the form of a printed receipt and a "enforce and administer all laws
touch screen reflecting the votes in the and regulations relative to the
voting counting machine. conduct of an election." One of
the laws that the Commission on
Comelec decided not to implement Elections must implement is
it as it will add 5-7 minutes of voting Republic Act No. 8436, as
time and may be used for vote buying. amended by Republic Act No.
Procedure is that receipt can be read 9369, which requires the
and thereafter deposited in a box. automated election system to
have the capability of providing
Petitioners filed a Petition for a voter-verified paper audit trail.
Mandamus before the Supreme Court
to compel Comelec to implement the 2. Suffrage also includes the right
Voter Verified Paper Audit Trail of the voter to verify whether
security feature. the vote-counting machines
property recorded their vote.
The Court ordered the Comelec to The SC rules that it is not only a
enable the vote verification feature of statutory right; it is one that
the vote-counting machines, which enables their individual
prints the voter's choices without participation in governance as

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prejudice to the issuance of guidelines sovereign.
to regulate the release and disposal of
the issued receipts in order to ensure a 3. Among all government bodies,
clean, honest, and orderly elections the Comelec is the entity that
such as, but not limited to, ensuring should appreciate how
that after voter verification, receipts important it is to respond to
should be deposited in a separate ballot cases filed by the public to
box and not taken out of the precinct. enable these rights.

A. QUALIFICATIONS AND
DISQUALIFICATIONS
OF VOTERS

*Additional Discussions and

Emphasis on Important Points

Section 9 of R.A. 8189

requires that to Qualifications
become a registered
voter:
1. Citizen of the § Voters must be Filipino citizen by birth or
Philippines naturalization.

§ It is incumbent upon one who claims Philippine

citizenship to prove to the satisfaction of the
court that he is really Filipino. Any doubt
regarding citizenship must be resolved in favor
of the State (Go vs. Ramos, 2009)

§ Dual Citizenship Law – Former natural-born

Filipino citizens who acquired foreign citizenship
through naturalization are deemed not to have
lost their Philippine citizenship under conditions
provided in this act.

§ Derivative Citizenship – The unmarried child,

whether legitimate, illegitimate or adopted,
under 18 years of age, of those who re-acquire
Philippine citizenship under the Dual Citizenship
Law shall be deemed citizens of the Philippines.

§ Requirements for Naturalized Citizens:

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 1. To vote – Swear an oath of allegiance
2. To be elected to public office – Renounce foreign
citizenship
3. To be appointed to public office – Swear an oath
of allegiance to the Philippines and renounce
foreign citizenship.

2. Not otherwise § Who are disqualified?

disqualified by
law Sec. 11 – How Removed
Disqualifications
a. Any person who 1. Plenary pardon or
has been sentenced by amnesty – those sentenced by
final judgment to suffer final judgment.
imprisonment for not
less than one (1) year. Article IX-C, Section 5
provides that the President
cannot, without the favorable
recommendation of the
Comelec grant pardon,
amnesty, parole or
suspension of sentence in
cases involving violation of
election laws and violation of
election rules and regulations.

2. Expiration of five (5)

years after service of sentence.

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 b. Any person who 1. Plenary pardon or
has been adjudged by amnesty – those sentenced by
final judgment by final judgment
competent court or
tribunal of having 2. Expiration of five (5)
committed any crime years after service of sentence
involving disloyalty to
the duly constituted
government such as
rebellion, sedition,
violation of the anti-
subversion and
firearms law, or any
crime against national
security in accordance
with law.

c. Insane or Official declaration by the

incompetent as proper authority that the
declared by a insanity or incompetency no
competent authority. longer exist.

3. Who are at
least eighteen § At least 18 years old at the time of election.
years of age

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 4. Resided in the § Residence – One’s domicile or legal residence. It
Philippines for is where a party actually or constructively has his
at least one permanent home, o where he, no matter where
year AND in he may be found, eventually intends to return
the place of and remain.
wherein they
propose to vote § Domicile – This is in reference to the 1-year
for at least 6 residency requirement in the Philippines.
months.
§ Any person who temporarily resides in another
city, municipality or country solely by any of the
following reasons shall not be deemed to have
lost his original residence:
1. Employment in private or public service;
2. Educational activities;
3. Work in the military or naval reservations within
the Philippines;
4. Service in the AFP, PNP; or
5. Confinement or detention in government
institutions.

§ Temporary Residence – This is in reference to the

6 month residency requirement in the place
where one wants to vote. In this case, residence
can either mean domicile or temporary residence.

CASES:

Meynard Sabili vs. The Court have held that “absence from residence
Comelec/Florencio to pursue studies or practice a profession or registration
Librea 670 SCRA 670 as a voter other than the place where one is elected, does
(2012) not constitute loss of residence”.

The Court ruled that there is nothing wrong in an

individual changing residences so he could run for an
elective post, for as long as he is able to prove with
reasonable certainty that he has effected a change of
residence for election law purposes for the period
required by law.

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Romeo A. Jalosjos vs. The Comelec concluded that Jalosjos has not come
Comelec Dan Erasmo, to settle his domicile in Ipil since he was merely staying
Sr. 670 SCRA 572 at his brother’s house.
(2012)
But the SC ruled that this circumstance alone
cannot support such conclusion. Indeed, the Court has
repeatedly held that a candidate is not required to have
a house in a community to establish his residence or
domicile in a particular place.

It is sufficient that he should live there even if it be

in a rented house or in the house of a friend or relative.
To insist that the candidate own the house where he
lives would make property a qualification for public
office. What matters is that Jalosjos has proved two
things: actual physical presence in Ipil and an
intention of making it his domicile.

Mitra vs. In this case, following the conversion of Puerto

Commission on Princesa (Mitra’s domicile of origin) from a component
Elections, Antonio city to a highly urbanized city whose residents can no
Gonzales and longer vote for provincial officials, Mitra abandoned his
Orlando Balbon, Jr. domicile in Puerto Princesa and acquired a new one in
622 SCRA 744 (July Aborlan which is within the LGU where he intended to
2010) run. Mitra bought the old Maligaya Feedmill and used
the second floor as his residence.

In considering the residency issue, the Comelec

disqualified Mitra for the reason that Mitra’s residence
is not the residence contemplated by law considering
that he did not renovate or improve the structure.

The SC held that the dwelling where a person

permanently intends to return to and to remain – his or
her capacity or inclination to decorate the place, or the
lack of it, IS IMMATERIAL.

Comelec gravely abused its discretion when it

determined the fitness of a dwelling as a person’s
residence based solely on very personal and subjective
assessment standards when the law is replete with
standards that can be used. Comelec used wrong

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 considerations in arriving at the conclusion that Mitra’s
residence is not the residence contemplated by law.

Residence as used in the law prescribing the

Luis Asistio vs. Hon. qualifications for suffrage and for elective office, is
Thelma Canlas DOCTRINALLY SETTLED to mean ‘domicile”,
Trinidad-Pe Aguirre importing not only an intention to reside in a fixed place
619 SCRA 518 but also personal presence in that place, coupled with
conduct indicative of such intention inferable from a
person’s acts, utterances and activities.

Requisites when new domicile is acquired by choice

Domicile is not easily lost. To successfully effect a
transfer, one must demonstrate:
a. an actual removal or change of domicile;
b. bonafide intention of abandoning the former
place of residence and establishing a new one; and
c. acts which correspond to said purpose.

B. REGISTRATION
OF VOTERS

*Additional Discussions and

Emphasis on Important Points

System of Continuing Generally, daily: The personal filing of application of

Registration registration of voters shall be conducted daily in the office of
(Period of Registration) the Election Officer during regular office hours. All
applications for registration shall be heard and processed on a
quarterly basis by the Election Registration Board.

Exception (i.e. when registration is prohibited):

No registration shall be conducted within
a. 120 days before a regular election
b. 90 days before a special election (Sec. 8, R.A.8189)

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 CASE:

Akbayan Youth vs. The bone of contention of petitioners in this case is the Petition
Commission on of Akbayan with the Comelec praying for a 2-day special
Elections (2001) registration of new voters for the May 14, 2001 elections.
Akbayan postured that there are around 5 million Filipinos of
voting age who failed to register before the registration
deadline and this would undermine their constitution right to
vote and disenfranchise them. Comelec denied the petition on
the grounds of operational impossibility.

The SC ruled that the right of suffrage is not absolute, as in

the enjoyment of all other rights, it is subject to existing
substantive and procedural requirements embodied in our
Constitution, statute and other repositories of law.

As a procedural limitation, one of them is registration which

is an indispensable precondition and essential to the right of
suffrage and election process. The registration requirement is
in the State’s exercise of police power to safeguard and
regulate the registration for the conduct of honest, orderly,
peaceful, free and credible elections.

This procedural registration is more specified under Section 8

of RA 8189. The law is explicit that “no registration shall
however be conducted during the period starting 120 days
before a regular election and 90 days before a special
election.”

In this case, the petition for mandamus filed by petitioners was

denied since it failed to show that they are entitled to special
registration of voters. The prohibitory period serve as a vital
role in protecting the integrity of the registration process.
Without such, the COMELEC would be deprived of any time
to evaluate the evidence to the application.

The petitioners here are not without fault, clearly while they
allege that they were disenfranchised when the COMELEC
had pegged the deadline of registration on December 27, 2000
instead of January 31, 2001 is belied by the fact that they admit
that they failed to register, for whatever reason within the
period of registration. The law aids the vigilant and not those
who slumber on their rights.

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Election Registration There shall be in each city and municipality as many Election
Boards Registration Boards (ERB) as they are election officers therein.

Composition: The ERB shall be composed of three members:

a. Chairman: Election Officer. If disqualified, COMELEC
shall designate an acting Election Officer.
b. Members:
1. Public school official most senior in rank, and
2. 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: Relation to each other or to any incumbent

city or municipal elective official within the 4th civil degree of
consanguinity or affinity. (Section 15, R.A. 8189)

Biometrics Refers to a quantitative analysis that provides a positive

(No Bio-No Boto) identification of an individual such as voice, photograph,
fingerprint, signature, iris, and/or such other identifiable
features. [Mandatory Biometrics Voter Registration, sec. 2(b)]

Who shall submit for biometrics registration?

1. New voters;
2. Registered voters whose biometrics have not been
captured.

Validation The process of taking biometrics of registered voters whose

biometrics have not been captured. It shall be conducted by
the City or Municipal Election Officer.

Registration of Illiterate or PWD voters may register with the assistance of the
Illiterates/Persons Election Officer or any member of an accredited citizen’s arms.
with Disabilities
(PWDs) Application for registration may be prepared by any relative
within the fourth (4th) civil degree of consaguinity or affinity or
by the Election Officer or any member of an accredited
citizen’s arms using the data supplied by the applicant. (Sec.
14, R.A. 8189)

Double Registrant It pertains to any person who, being a registered voter,

registers anew without filing an application for cancellation of
his previous registration. [OEC, Art. XXII, Sec. 261(y)(5)]

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 Double registrants are still qualified to vote provided that
COMELEC has to make a determination on which registration
is valid, and which is void. COMELEC laid down the rule in
Minute Resolution No. 00-1513 that while the first registration
of any voter subsists, any subsequent registration thereto is
void ab initio. (Maruhom v. COMELEC, G.R. No. 179430, July 27,
2009)

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.

Preparation: The ERB shall prepare and post a certified list of

voters 90 days before a regular election and 60 days before a
special election. (Section 30, R.A. 8189)

Posting: Copies of the certified list along with a certified list of

deactivated voters categorized by precinct per barangay,
within the same period shall be posted in the office of the
Election Officer and in the bulletin board of each
city/municipal hall. Upon payment of the fees as fixed by the
Commission, the candidates and heads shall also be furnished
copies thereof. (Sec. 30, RA 8189)

Book of voters Classified as permanent whereby each precinct shall have a

permanent list of all registered voters residing within the
territorial jurisdiction of that precinct.

Alteration of Book/List of Voters:

1. Deactivation/Reactivation
2. Cancellation of Registration in case of death
3. Annulment of book of voters
4. New voters
5. Transfer of Residence
6. Exclusion/Inclusion

Deactivation A process wherein the registration record of a voter is

removed by the ERB from the corresponding precinct book
of voters and places the same in an inactive file properly
marked and dated in indelible ink and after entering the cause
for deactivation which are as follows:

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 Grounds:
a. Those who are disqualified by a final judgment,
insane and incompetent persons as officially declared;
b. Any person who failed to vote in the two (2)
successive preceding regular elections as shown by his voting
records;
c. Any person whose registration has been ordered
excluded by the court;
d. Any person who has lost his Filipino citizenship.

For purposes of the above – the Clerks of Court of the MTC,

MTCC, RTC and SB shall furnish the EO of the city or
municipality concerned at the end of each month a certified list
of persons who are disqualified by virtue of a final judgment,
with their addresses.

For those who lost their citizenship, insanity and

incompetency, the Comelec may request a certified list of such
persons from the government agencies concerned. (Sec. 27,
R.A. 8189)

Reactivation A process whereby a voter whose registration records has been

deactivated

a. files with the election officer a sworn application for

reactivation of his registration in the form of an affidavit by
stating therein that the grounds for the deactivation no
longer exist.
b. PERIOD TO FILE – Any time but not later than 120
days before a regular election and 90 days before a special
election.
c. Upon approval, the Board shall retrieve the
registration records from the inactive file and include the same
in the corresponding precinct book of voters.
d. REQUIREMENT: Local heads or representatives of
political parties shall be properly notified of the approved
applications. (Sec. 28, R.A. 8189)

Ground: The grounds for the deactivation no longer exist.

Cancellation A process wherein the Board cancels the registration records of

those who have died as certified by the local civil registrar who
shall submit each month a certified list of persons who died
during the previous month to the election officer of the place

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 where the deceased is registered.

Annulment of A voter, election offcer, or duly registered political party may

Book of Voters file a verified petition for the annulment of a book of voters
with the COMELEC. Last day of filing is within 90 days before
an election.

Grounds:
1. Book of Voters was not prepared in accordance with
law;
2. Book of Voters was prepared through fraud, forgery,
force, intimidation impersonation, bribery, similar
irregularity or contains data that are statistically
improbable.

Transfer of Residence Any registered voter may apply with the Election Officer of his
(To another new residence for the transfer of his registration records. The
Municipality or City) application shall be subject to notice and hearing and approval
of the Election Registration Board. (Section 12, R.A. 8189)

C. INCLUSION &
EXLUSION PROCEEDINGS

• Remedies of persons whose application for reactivation, inclusion or

correction has been disapproved or those who intend to exclude a voter
from the list of voters.

Petition for Inclusion Petiton for Exclusion

When to file
Any time except: Any time except:
1. 105 days before a regular 1. 100 days before a regular
election or election or
2. 75 days before a special election 2. 65 days before a special election
Who may file
1. One whose application for Any
registration has been 1. Registered voter
disapproved by the Board or 2. Representative of a political
2. One whose name has been party or
stricken out from the list 3. the Election Officer
Grounds
1. Application for registration has 1. Not qualified or possessing
been disapproved by the Board disqualification

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 2. Name has been stricken out 2. Flying voters
3. Ghost voters
Where to file
1. The municipal and metropolitan trial courts shall have original and
exlusive jurisdiction over all matters of inclusion and exlusion of voters
from the list in their respective municipalities or cities.
2. Decisions may be appealed to the RTC within 5 days from receipt of
notice of decision.
3. RTC will decide the appeal within 10 days. Decision is final and
executory. No motion for reconsideration/s shall be entertained.
4. Any voter, candidate or political party that may be affected by the
proccedings may intervene.
Period to decide
Within 15 days after its filing Within 10 days from its filing

CASES

Panlaqui vs. Voters’ inclusion/exclusion proceedings essentially

Comelec involve the issue of whether a voter shall be included
613 SCRA 573 in or excluded from the list of voters based on the
qualifications required by law and the facts presented
to show possession of these qualifications.

As distinguished from the procedure in certificate of

candidacies (petition to deny due course or cancel a
certificate of candidacy) on the other hand, the
denial/cancellation proceedings involve the issue of
whether there is a false representation of a material
fact (Sec. 78).

The RTC in this case has no jurisdiction to try the

issues of whether the misrepresentation relates to
material fact and whether there was an intention to
deceive the electorate in terms of one’s qualifications
for public office.

Canicosa vs. The question of inclusion or exclusion from the list of

Comelec voters involves the right to vote which is not within the
282 SCRA 512 (1997) power and authority of the Comelec to rule upon. The
determination of whether one has the right to vote is a
justiciable issue properly cognizable by our regular
courts

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Domingo vs. Except for the right to remain in the list of voters or for
Comelec being excluded therefrom for the particular election in
310 SCRA 546 (1999) relation to which the proceedings had been held, a
decision in an exclusion proceeding, even if final and
unappealable does not acquire the nature of res
judicata. Thus, a decision in an exclusion proceeding
would neither be conclusive on the voter’s political
status, nor bar subsequent proceedings on his right to
be registered as a voter in any other election.

Akbayan vs. The petition for exclusion is a necessary component to

Comelec (2001) 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 (no registration 120 days before

regular election or 90 days before a special election), on
the other hand, serves as the purpose of securing the
voters substantive right to be included in the list of
voters.

III. ESSENCE OF ELECTIONS

§ ELECTION is the means by which the people choose, through the use of
the ballot, their officials for definite and fixed periods and to whom they
entrust, for the time being as their representatives, the exercise of powers
of government. [Garchitorena v. Crescini 39 Phil. 258 (1918)]

§ The ESSENCE of elections is the plurality of votes (which is determined

not by the number of registered voters but the voters who actually voted).
A public office is filled only by those who receive the highest number of
votes cast in the election for that office which is the basic tenet in all
republican form of government. (Penera v. Comelec 599 SCRA 609; Rulloda v.
Comelec 395 SCRA 535; Sunga v. Comelec 288 SCRA 76).

§ MAJORITY OR PLURALITY OF VOTES is determined by the number of

registered voters who actually cast their votes or those who actually voted
and not based on the number of registered voters. There is no provision in
our election laws which requires that a majority of the registered voters
must cast their votes. All the law requires is that the winning candidates
must be elected by plurality of votes, regardless of the actual number of

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 ballots cast. Therefore, even if less than 25% of the electorate in the
questioned precincts cast their votes, the votes has to be respected.

Additional discussion
of the assigned cases

Maruhom vs. Comelec 331 SCRA 473 (2000)

Purpose of governing statutes on the conduct of elections —

- It is to protect the integrity of elections to suppress all evils that

may violate its purity and defeat the will of the voters. The purity
of the elections is one of the most fundamental requisites of
popular government.
- The Commission on Elections, by constitutional mandate must do
everything in its power to secure a fair and honest canvass of the
votes cast in the elections. In the performance of its duties, the
Commission must be given a considerable latitude in adopting
means and methods that will insure the accomplishment of the
great objective for which it was created — to promote free, orderly
and honest elections.
- The choice of means taken by the Commission on Elections, unless
they are clearly illegal or constitute grave abuse of discretion,
should not be interfered with.

Sunga vs. Comelec 288 SCRA 76 (1998)

Second placer proclamation not supported by law —

- However, Sunga's contention that he is entitled to be proclaimed as the

duly elected Mayor of the Municipality of Iguig, Province of Cagayan, in
the event that Trinidad is disqualified finds no support in law and
jurisprudence.
- The fact that the candidate who obtained the highest number of votes is
later disqualified for the office to which he was elected does not entitle the
candidate who obtained the second highest number of votes to be
declared the winner of the elective office.
- The votes cast for a disqualified person may not be valid to install the
winner into office or maintain him there. But in the absence of a statute
which clearly asserts a contrary political and legislative policy on the
matter, if the votes were cast in the sincere belief that the candidate was
qualified, they should not be treated as stray, void or meaningless.

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- Election is the process of complete ascertainment of the expression of the
popular will. Its ultimate purpose is to give effect to the will of the
electorate by giving them direct participation in choosing the men and
women who will run their government.
- Thus, it would be extremely repugnant to the basic concept of the
constitutionally guaranteed right to suffrage if a candidate who has not
acquired the majority or plurality of votes is proclaimed winner and
imposed as the representative of a constituency, the majority of whom
have positively declared through their ballots that they do not choose him.

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