ELECTION LAW

*PURPOSE OF ELECTION LAWS

- To protect the integrity of elections, to suppress all evils that may violate its
purity and defeat the will of the voters.

*ELECTION
Election- The choice or selection of candidates to public office by popular vote
through the use of the ballot, and the elected officials that are determined through
the will of the electorate.

Regular Election- An election held on such dates established by law at regular

intervals.

Special Election- An election not regularly held to supply a vacancy in a particular

office before the expiration of the full term for which the incumbent was elected. Also
refers to an election held when there is a failure of election.

Campaign- An act designed to promote the election or defeat of a particular

candidate to a public office.

*PURPOSE OF ELECTION
- To give the voters a direct participation in the affairs of their government, either
in determining who shall be their public officials or in deciding some question of
public interest.

*ELECTION PERIOD
- The election period shall commence 90 days before the day of the election and
shall end 30 days thereafter.

*CAMPAIGN PERIODS:
a) Presidential and VP Election- 90 days
b) Members of Congress & Local Election- 45 days
c) Barangay Election- 15 days
d) Special Election- 45 days

*INITIATIVE AND REFERENDUM

a) Initiative- A process of law-making by the people without the participation of
their elected representatives.
 Amendments to the Constitution may be directly proposed by the people
through initiative upon a petition of at least 12% of the total number of
registered voters.
 The people can directly propose and enact laws or approve or reject any act
or law or part thereof passed by the Congress or local legislative body after
the registration of a petition thereof signed by at least 10% of the total
number of registered voters of which every legislative district must be
represented by at least 3% of the registered voters thereof.
b) Referendum- Consists merely of the electorate approving or rejecting what
has been drawn up or enacted by a legislative body

*PLEBISCITE

ELECTION LAW CAT 2023

Plebiscite- The electoral process by which an initiative on the Constitution is
approved or rejected by the people.

*RECALL
Recall- A method of removing an elective public officer by the people before the end
of the officer’s term of office. A recall election is prohibited within 1 year immediately
preceding a regular local election.

Article V, Section 1. Suffrage may be exercised by all citizens of the Philippines

not otherwise disqualified by law, who are at least eighteen years of age, and
who shall have resided in the Philippines for at least one year, and in the
place wherein they propose to vote, for at least six months immediately
preceding the election. No literacy, property, or other substantive requirement
shall be imposed on the exercise of suffrage.

- Suffrage is both a right and a privilege. It is a right because it is the expression

of the sovereign will of the people. It is a privilege because its exercise is
conferred only to such persons or class of persons as are most likely to exercise
it for the purpose of the public good.
- RA 9225 (Dual Citizenship Law) does not have a provision requiring “duals” to
actually establish residence and physically stay in the Philippines first before
they can exercise their right to vote. They may exercise their right to vote
under the system of absentee voting in RA 9189.

THE COMMISSION ON ELECTIONS

MEMBERS OF THE COMELEC (Art. IX-C, Sec. 1, par. 1, 1987 Constitution)

a) 1 Chairman
b) 6 Commissioners

*QUALIFICATIONS OF THE MEMBERS OF THE COMELEC (Art. IX-C, Sec. 1, par.

1, 1987 Constitution):
a) Natural-born citizens
b) At least 35 years of age at the time of their appointment
c) Holders of a college degree
d) Must not have been candidates for any elective position in the immediately
preceding elections
e) A majority, including the Chairman, shall be members of the Philippine Bar who
have been engaged in the practice of law for at least 10 years.
- Engaged in the practice of law is to engage in any activity, or out of court,
which requires the application of law, legal procedure, knowledge, training,
and experience. It does not have to be habitual nor involve courtroom
practice. (Cayetano v. Monsod)

TERM OF THE CHAIRMAN AND COMMISSIONERS OF THE COMELEC (Art. IX-C,

Sec. 1, par. 2, 1987 Constitution)
 The Chairman and the Commissioners shall be appointed by the President with
the consent of the Commission on Appointments for a term of 7 years without
reappointment.

ELECTION LAW CAT 2023

 o A Commissioner may be promoted and appointed as Chairman, provided
his term as Commissioner and Chairman is not increased to more than 7
years in all.
o Any person who has served any term of office as COMELEC member,
whether for a full term of 7 years, a truncated term of 5 or 3 years, or
even for an unexpired term of any length of time can no longer be
reappointed to the COMELEC.
 In no case shall any member be appointed or designated in a temporary or
acting capacity.
o An ad interim appointment means a permanent appointment made by the
President in the meantime that Congress is in recess. It does not mean a
temporary appointment that can be withdrawn or revoked at any time.
o A disapproved ad interim appointment cannot be revived by
another ad interim appointment because the disapproval is final under
Section 16, Article VII of the Constitution whereas a by-passed ad
interim appointment can be revived because there is no final
disapproval under Section 16, Article VII of the Constitution, and such
new appointment will not result in the appropriate serving beyond the
fixed term of 7 years.

*PROHIBITIONS AND DISQUALIFICATIONS: (Art. IX-C, Sec. 2, 1987

Constitution)
a) No member of a Constitutional Commission shall, during his tenure, hold any
other office or employment.
b) Neither shall he engage in the practice of any profession or in the active
management or control of any business which, in any way, may be affected by
the functions of his office,
c) Nor shall he be financially interested, directly or indirectly, in any contract with,
or in any franchise or privilege granted by the Government, any of its
subdivisions, agencies, or instrumentalities, including government-owned or
controlled corporations or their subsidiaries.

*POWERS AND FUNCTIONS OF THE COMELEC : (Art. IX-C, Sec. 2, 1987

Constitution) (E2D2-RF-R2S)
(1) Enforce and administer all laws and regulations relative to the conduct of an
election, plebiscite, initiative, referendum, and recall.

(2) Exercise exclusive original jurisdiction over all contests relating to the elections,
returns, and qualifications of all elective regional, provincial, and city officials, and
appellate jurisdiction over all contests involving elective municipal officials decided by
trial courts of general jurisdiction (RTC), or involving elective barangay officials
decided by trial courts of limited jurisdiction (MTC).

Decisions, final orders, or rulings of the Commission on election contests involving

elective municipal and barangay offices shall be final, executory, and not appealable.

- For election offenses, it is the RTC that has jurisdiction.

(3) Decide, except those involving the right to vote, all questions affecting elections,
including determination of the number and location of polling places, appointment of
election officials and inspectors, and registration of voters.
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(4) Deputize, with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government, including the Armed Forces of the Philippines,
for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible
elections.

(5) Register, after sufficient publication, political parties, organizations, or coalitions

which, in addition to other requirements, must present their platform or program of
government; and accredit citizens' arms of the Commission on Elections. Religious
denominations and sects shall not be registered. Those which seek to achieve their
goals through violence or unlawful means, or refuse to uphold and adhere to this
Constitution, or which are supported by any foreign government shall likewise be
refused registration.

Financial contributions from foreign governments and their agencies to political

parties, organizations, coalitions, or candidates related to elections, constitute
interference in national affairs, and, when accepted, shall be an additional ground for
the cancellation of their registration with the Commission, in addition to other
penalties that may be prescribed by law.

(6) File, upon a verified complaint, or on its own initiative, petitions in court for
inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases
of violations of election laws, including acts or omissions constituting election frauds,
offenses, and malpractices.

(7) Recommend to the 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
candidacies.

(8) Recommend to the President the removal of any officer or employee it has
deputized, or the imposition of any other disciplinary action, for violation or disregard
of, or disobedience to, its directive, order, or decision.

(9) Submit to the President and the Congress, a comprehensive report on the conduct
of each election, plebiscite, initiative, referendum, or recall.

KINDS OF POWERS AND FUNCTIONS:

a) Administrative- involve the enforcement and administration of the election laws
b) Legislative- involve the issuance of rules and regulations to implement the
election laws and to exercise the legislative powers expressly delegated to it by
Congress
c) Judicial/Quasi-Judicial- involve the hearing and determination of controversies
relating to elections
- The COMELEC has authority to punish for contempt only when it is exercising
judicial or quasi-judicial functions and does not have that power when it is
discharging its administrative or ministerial functions.

*POWER TO POSTPONE ELECTIONS AND DECLARE FAILURE OF ELECTIONS

Three instances where a failure of elections may be declared:

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 a) The election in any polling place has not been held on the date fixed on account
of force majeure, violence, terrorism, fraud, or other analogous causes.
b) The election in any polling place has been suspended before the hour fixed by
law for the closing of the voting on account of force majeure, violence,
terrorism, fraud, or other analogous causes.
c) After the voting and during the preparation and transmission of the election
returns or in custody or canvass thereof, such election results in a failure to
elect on account of force majeure, violence, terrorism, fraud, or other
analogous causes. (Nobody emerged as a winner)

- The SC cannot compel the COMELEC by mandamus to hold a special election.

- A petition for annulment or declaration of failure of election may be filed at any
time before proclamation.

*GROUNDS TO SUSPEND ELECTIONS:

- For any serious cause such as:
o Violence
o Terrorism
o Loss or destruction of election paraphernalia or records
o Force majeure
o And other analogous causes of such nature that the holding of a free,
orderly and honest election, should become impossible in any political
subdivision.

*DISQUALIFICATIONS FOR RUNNING IN THE ELECTIONS:

Sec. 12. Disqualifications. – (I2-SIREM)
Any person who has been declared by competent authority:
a) insane or incompetent, or
b) has been sentenced by final judgment for subversion, insurrection, rebellion or
for any offense for which he has been sentenced to a penalty of more than
eighteen months or for a crime involving moral turpitude,

shall be disqualified to be a candidate and to hold any office, unless he has been
given plenary pardon or granted amnesty.

Sec. 68. Disqualifications. –

Any candidate who, in an action or protest in which he is a party is declared by final
decision of a competent court guilty of, or found by the Commission of having:
(MAEVI)
a) given money or other material consideration to influence, induce or corrupt the
voters or public officials performing electoral functions; (vote buying)
b) committed acts of terrorism to enhance his candidacy;
c) spent in his election campaign an amount in excess of that allowed by this
Code;
d) solicited, received or made any contribution prohibited under Sections 89, 95,
96, 97 and 104; or
e) violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and cc,
subparagraph 6

shall be disqualified from continuing as a candidate, or if he has been elected, from

holding the office.
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Any person who is a permanent resident of or an immigrant to a foreign country shall
not be qualified to run for any elective office under this Code, unless said person has
waived his status as permanent resident or immigrant of a foreign country in
accordance with the residence requirement provided for in the election laws.

RA 7160 (LGC), SEC. 40. Disqualifications. –

The following persons are disqualified from running for any elective local position,
except members of the HoR: (MAOD-FIP)
a) Those sentenced by final judgment for an offense involving moral turpitude or
for an offense punishable by one year or more of imprisonment, within two (2)
years after serving sentence;
b) Those removed from office as a result of an administrative case;
c) Those convicted by final judgment for violating the oath of allegiance to the
Republic;
d) Those with dual [citizenship] ALLEGIANCE;
e) Fugitives from justice in criminal or nonpolitical cases here or abroad;
f) Permanent residents in a foreign country or those who have acquired the right
to reside abroad and continue to avail of the same right after the effectivity of
this Code; and
g) The insane or feeble-minded.

*NUISANCE CANDIDATES
a) To put the election process in mockery or disrepute
b) To cause confusion among voters by similarity of names of registered
candidates
c) By other circumstances or acts which demonstrate that a candidate has no bona
fide intention to run for the office for which his COC has been filed, and thus
prevent a faithful determination of the will of the electorate.

*SITS EN BANC OR DIVISION

Art. IX-C, Sec. 3. The Commission on Elections may sit en banc or in two divisions,
and shall promulgate its rules of procedure in order to expedite disposition of election
cases, including pre- proclamation controversies. All such election cases shall be
heard and decided in division, provided that motions for reconsideration of decisions
shall be decided by the Commission en banc.

- Each Commission 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-C, SEC. 2(2). Exercise exclusive original jurisdiction over all contests
relating to the elections, returns, and qualifications of all elective regional, provincial,
and city officials, and appellate jurisdiction over all contests involving elective
municipal officials decided by trial courts of general jurisdiction (RTC), or involving
elective barangay officials decided by trial courts of limited jurisdiction (MTC).

COMELEC JURISDICTION
ORIGINAL & EXCLUSIVE 1) All contests relating to the elections, returns,
JURISDICTION and qualifications of all elective regional,

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(COMELEC DIVISION) provincial, and city officials;
2) Pre-proclamation controversies
EXCLUSIVE APPELLATE 1) All contests involving elective municipal officials
JURISDICTION decided by trial courts of general jurisdiction
(COMELEC EN BANC) (RTC);
2) All contests involving elective barangay officials
decided by trial courts of limited jurisdiction
(MTC);
3) MR of Division decision

 All such election cases shall be heard and decided in division.

 Motions for reconsideration of decisions shall be decided by the Commission en
banc.
 A majority vote of all the members of the COMELEC, and not only those who
participated and took part in the deliberations.
 The RTC is given exclusive authority to try and decide criminal cases involving
elections. The COMELEC acts as a prosecutor.

A petition for certiorari may

be brought to the SC within
30 days from receipt of a SC
copy of the COMELEC en
banc’s decision.
Certiorari of decision, order, or
ruling of the COMELEC en banc.
Rule 64 (Petition for Review of
Judgments, Final Orders, and Resolutions
GR: Administrative orders of
of the COMELEC) and Rule 65 (GADALEJ) the COMELEC are not fit
subjects of a petition for
certiorari.
An MR may be filed 5 days
from the receipt of the COMELEC EN
decisions, resolution, order,
or ruling of the COMELEC BANC
Division.
Exclusive Appellate
MR of division decision; appeals over contests involving
elective municipal officials decided by the RTC or involving
elective brgy. officials decided by the MTC.
MR of en banc decision is not allowed except in election
cases.

The COMELEC may motu

proprio reconsider and set COMELEC DIVISION
aside its previous resolution RTC
within the 30-day period MTC Exclusive Original Jurisdiction-
from its promulgation and COMELEC: Election cases; contests
before it becomes final and relating to the elections, returns, and
executory.
qualifications of all elective regional,
provincials, and city officials; pre-
proclamation controversies
RTC: Municipal
MTC: Brgy

 For election offenses, the RTC shall have the exclusive original jurisdiction,
except those relating to the offense of failure to register or failure to vote which
shall be under the jurisdiction of the MeTC or MTC.

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An MR is pro forma where: (S3AN)
a) It was a second motion for reconsideration;
b) It did not comply with the rule that the motion must specify the findings and
conclusions alleged to be contrary to law or not supported by the evidence;
c) It failed to substantiate the alleged errors;
d) It merely alleged that the decision in question was contrary to law;
e) The adverse party was not given notice thereof.

ELECTION OF PRESIDENT AND VICE-PRESIDENT

*QUALIFICATIONS OF THE PRESIDENT AND VP: Art. VII, Sec. 2, 1987

Constitution
a) Natural-born citizen of the Philippines
b) Registered voter
c) Able to read and write
d) At least 40 years of age on the day of the election
e) Resident of the Philippines for at least 10 years immediately preceding such
election

PRESIDENTIAL ELECTORAL TRIBUNAL

- The SC, sitting en banc, shall be the sole judge of all contests relating to the
election, returns, and qualifications of the President or Vice-President.

ELECTION OF MEMBERS OF THE CONGRESS

*QUALIFICATIONS OF SENATORS: Art. VI, Sec. 2, 1987 Constitution

a) Natural-born citizen of the Philippines
b) Registered voter
c) Able to read and write
d) At least 35 years of age on the day of the election
e) Resident of the Philippines for at least 2 years immediately preceding the day of
the election

TERM OF SENATORS
- 6 years. No Senator shall serve for more than 2 consecutive terms.
- Voluntary renunciation of the office for any length of time shall not be
considered as an interruption in the continuity of his service for the full term for
which he was elected.

*QUALIFICATIONS OF MEMBERS OF THE HOR: Art. VI, Sec. 6, 1987 Constitution

a) Natural-born citizen of the Philippines
b) Registered voter
c) Able to read and write
d) At least 25 years of age on the day of the election
e) Except party-list representatives, a registered voter in the district in which he
shall be elected, and a resident thereof for at least 1 year.

*QUALIFICATIONS OF PARTY-LIST NOMINEES: RA 7941, Sec. 7

a) Natural-born citizen of the Philippines
b) Registered voter

ELECTION LAW CAT 2023

 c) Resident of the Philippines for at least 1 year immediately preceding the day of
the election
d) Able to read and write
e) A bona fide of the party or organization which he seeks to represent for at least
90 days preceding the day of the election
f) At least 25 years of age on the day of the election. If the nominee is of the
youth sector, he must at least be 25 but not more than 30 years of age on the
day of the election. If he attains the age of 30 during his term, he shall be
allowed to continue in office until the expiration of his term.

TERM OF MEMBERS OF THE HOR

- 3 years. No Member shall serve for more than 3 consecutive terms.
- Voluntary renunciation of the office for any length of time shall not be
considered as an interruption in the continuity of his service for the full term for
which he was elected.

ELECTION OF ELECTIVE LOCAL OFFICIALS

*QUALIFICATIONS OF ELECTIVE LOCAL OFFICIALS: RA 7160, Sec. 39

a) Citizen of the Philippines
b) Registered voter in the barangay, municipality, city, or province, or in the case
of a member of the sangguniang panlalawigan/panlungsod/bayan, the district
where he intends to be elected
c) Resident therein for at least 1 year immediately preceding the day of the
election
d) Able to read and write Filipino or any other language and dialect
e) Candidates for the position of Governor, VG, or member of the
sangguniang panlalawigan, or Mayor, VM, or member of the
sangguniang panlungsod of highly urbanized cities must be at least 23
years of age on election day.
f) Candidates for the position of Mayor or VM of component cities or
municipalities must be at least 21 years of age.
g) Candidates for members of the sangguniang bayan or panlungsod must
be at least 18 years of age.
h) Punong barangay/sangguniang barangay- 18 years of age on election day
i) SK- 15-21 years of age

TERMS OF ELECTIVE LOCAL OFFICIALS

- 3 years. No elective local official shall serve for more than 3 consecutive terms.
- In Lonzanida v. COMELEC, the SC held that the three-term limit shall apply only
when these two conditions concur: 1) the local official has been elected three
consecutive terms; and 2) he has fully served three consecutive terms.
- Preventive suspension does not involve an effective interruption of service
within a term and should therefore not be a reason to avoid the three-term
limitation. It is severance from office or loss of title that renders the three-term
limit rule inapplicable.

CITIZENSHIP

Natural-born citizens- Citizens of the Philippines born from birth without having to
perform any act to acquire Philippines citizenship, and those born before January 17,

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1973, whose mothers are citizens of the Philippines and upon reaching the age of
majority elect Philippine citizenship.

*Domicile- Place where one actually or constructively has his permanent home,
where he, no matter where he may be found at any given time, eventually intends to
return (animus revertendi) and remain (animus manendi). It also consists of personal
presence in that place, coupled with conduct indicative of such intention.

Residence- Bodily presence in a given place

THREE KINDS OF DOMICILE:

a) Domicile of Origin- Acquired by every person at birth.
b) Domicile of Choice- Acquired upon an abandonment of the domicile of origin.
c) Domicile by Operation of Law- One which the law attributes to a person
independently of his residence or intention.

THREE RULES:
a) A man must have a residence/domicile somewhere;
b) Domicile, once established, remains until a new one is validly acquired; and
c) A man can have but one residence or domicile at any given time.

Dual Citizenship- arises as a result of the concurrent application of the different

laws of two or more states, a person is simultaneously considered a national by the
said states.

 A former Filipino citizen who has acquired citizenship of another country should
first reacquire Filipino citizenship in accordance with law before becoming a
candidate.
 For natural-born citizens (who are naturalized in a foreign country),
they shall make a personal and sworn renunciation of any and all foreign
citizenship before any public officer authorized to administer oath of allegiance
aside from an oath of allegiance.
 For candidates with dual citizenship, it is enough that they elect Philippine
citizenship upon the filing of their certificate of candidacy.

Jus sanguinis- A child follows the nationality or citizenship of the parents regardless
of his or her place of birth.

Jus soli- Nationality or citizenship is determined as the basis of place of birth.

POLITICAL PARTIES

Political Party- An organized group of persons pursuing the same ideology, political
ideas, or platforms of government and includes its branches and divisions.

ADVANTAGES OF POLITICAL PARTIES:

a) Enjoy certain benefits and privileges which are incident to or are consequent of
such relationship.
b) The candidates of a political party may be distinguished from an independent
candidate.

ELECTION LAW CAT 2023

PARTY-LIST SYSTEM

*THE FOUR PARAMTERS OF THE PHIL. PARTY-LIST SYSTEM: (Ang Bagong

Bayani-OFW case)
1) 20% Allocation- The combined number of all party-list congressmen shall not
exceed 20% of the total membership of the HoR, including those elected under
the party-list system.
2) 2% threshold- Only those parties garnering a minimum of 2% of the total valid
votes cast for the party-list system are qualified to have a seat in the HoR.
3) 3-seat limit- Each qualified party, regardless of the number of votes it actually
obtained, is entitled to a maximum of 3 seats.
4) Proportional Representation- The additional seats which a qualified party is
entitled to shall be computed in proportion to their total number of votes.

*GROUNDS FOR CANCELLATION OF REGISTRATION: (RVUF3-LUCPO)

a) It is a religious denomination or sect.
b) It seeks to achieve their goals through violence or unlawful means.
c) It refuses to uphold or adhere to the Constitution.
d) It is supported by any foreign government.
e) It accepts financial contributions from foreign governments and their agencies.
f) It is a foreign party or organization.
g) It violates or fails to comply with laws, rules, or regulations relating to
elections.
h) It has declared untruthful statements in its petition.
i) It has ceased to exist for at least 1 year.
j) It fails to participate in the last preceding elections.
k) It fails to obtain at least 2% of the votes cast under the party-list system in the
2 preceding elections for the constituency in which it has registered.

- Financial contributions from foreign governments and their agencies to political

parties, organizations, coalitions, or candidates related to elections constitute
interference in national affairs.

GUIDELINES FOR SCREENING PARTY-LIST PARTICIPANTS:

a) The political party must represent the marginalized and underrepresented
groups.
b) Major political parties are not disqualified to participate in the party-list system
but they must show that they represent the interests of the marginalized and
underrepresented.
c) The registration of a religious sect as a political party is prohibited, but a priest
may run as a candidate.
d) A party must not be disqualified.

FILING OF CERTIFICATE OF CANDIDACY

GR: Must be filed within the period required by law otherwise CoC is invalid
XPNs: Unless allowed by law e.g., candidates who have been substituted by death,
disqualification, or withdrawal
- If two CoCs are filed, not eligible. However, if filed within the filing period, he may
run for either, provided he files a written declaration.
- A cancelled CoC or a nuisance candidate may not be substituted.

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*CANCELLATION OF CERTIFICATE OF CANDIDACY
- A petition for disqualification can be premised on Sec. 12 or 68 of the OEC or
Sec. 40 of the LGC, on the other hand, a petition to deny course to or to cancel
a Certificate of Candidacy can only be grounded on a statement of a material
representation in the said certificate that is false. (Sec. 78)
- A petition to cancel CoC may be filed within 25 days from the time of the filing
of the CoC. If filed after 25 days, a quo warranto petition may be filed instead.
- Cannot be substituted

Material Representation- it relates to the candidate’s qualification for elective office

and affects the candidate’s eligibility.

*DOCTRINE ON THE REJECTION OF SECOND PLACER

- This applies when a candidate has been disqualified before the elections. The
rationale behind this is that the electorate already know of such disqualification,
yet they still voted for him. Therefore, the votes for the disqualified candidate
shall not be counted, and the second placer shall assume the office.
- If the candidate is disqualified after the elections, the Doctrine on the Rejection
of Second Placer shall not apply. The rule on succession shall apply. The
rationale behind this is that the second placer is really the loser. If he will be
allowed to assume the office of the disqualified candidate, it will not reflect the
will of the electorate.

*REGISTRATION OF VOTERS:
Suffrage may be exercised by:
a) All citizens of the Philippines not otherwise disqualified by law;
b) At least 18 years of age; and
c) Resident of 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.
d) No literacy, property, or other substantive requirement shall be imposed on the
exercise of suffrage.

*DISQUALIFICATIONS FOR VOTING:

a) Any person who has been sentenced by final judgment to suffer imprisonment
for not less than 1 year, such disability not having been removed by plenary
pardon or granted amnesty: Provided, however, That any person disqualified to
vote shall automatically reacquire the right to vote upon expiration of 5 years
after service of sentence.
b) Any person who has been adjudged by final judgment by competent court or
tribunal of having committed any crime involving disloyalty to the duly
constituted government such as rebellion, sedition, violation of the anti-
subversion and firearms laws, or any crime against national security, unless
restored to his full civil and political rights in accordance with law: Provided,
That he shall regain his right to vote automatically upon expiration of 5 years
after service of sentence.
c) Insane or incompetent persons as declared by competent authority.

*PRE-PROCLAMATION CONTROVERSY:
Any question pertaining to or affecting the:

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 a) Proceeding of the BOC which may be raised by any candidate or by any
registered political party or coalition of political parties before the board or
directly with the Commission; or
b) Any other matter raised in relation to the preparation, transmission, receipt,
custody, and appreciation (PTR-CA) of the election returns. (filed in the first
instance before the BOC)

ISSUES THAT MAY BE RAISED IN A PRE-PROCLAMATION CONTROVERSY:

a) Illegal composition or proceedings of the BOC;
b) The canvassed election returns are incomplete, contain material defects, appear
to be tampered with or falsified, or contain discrepancies;
c) The election returns were prepared under duress, threats, coercion, or
intimidation, or they are obviously manufactured or not authentic; and
d) When substitute or fraudulent returns in controverted polling places were
canvassed, the results of which materially affected the standing of the
aggrieved candidate(s).

GR: In elections for President, Vice-President, and Senators, PPC are not allowed.
XPNs:
a) Correction of manifest errors;
b) Questions affecting the composition or proceedings of the BOC; and
c) Determination of the authenticity and due execution of certificates of canvass.

GR: The filing of an election protest or a petition for quo warranto precludes the
subsequent filing of a PPC, or amounts to the abandonment of one earlier filed.
XPNs: (BQAEN)
a) The BOC was improperly constituted;
b) Quo warranto was not the proper remedy;
c) What was filed was not really a petition for quo warranto or an election protest
but a petition to annul a proclamation;
d) The filing of a quo warranto petition or an election protest was expressly made
without prejudice to the PPC; and
e) The proclamation was null and void.

COMPOSITION OF BOARD OF ELECTION INSPECTORS:

1. Chairman
2. Poll Clerk
3. One other member

All of whom shall be public school teachers, giving preference to those with
permanent appointments. In case there are not enough public school teachers,
teachers in private schools, employees in the civil service, or other citizens of known
probity and competence.

COMPOSITION OF THE BOARD OF CANVASSERS (PBOC, CBOC, MBOC, DBOC):

1. Chairman- Election Officer or a representative of the Commission (MBOC) or
Election Officer or a lawyer of the Commission (CBOC) or Provincial Election
Supervisor (PBOC) or City Election Officer or a lawyer of the Commission
(DBOC);
2. Vice-Chairman- Municipal Treasurer (MBOC) or City Prosecutor (CBOC) or
Provincial Prosecutor (PBOC) or City Prosecutor (DBOC);

ELECTION LAW CAT 2023

 3. Member- District School Supervisor or most senior Principal of the school
district (MBOC) or Division Superintendent (CBOC) or District School
Superintendent (PBOC) or City Superintendent (DBOC).

MBOC CBOC PBOC DBOC

Chairman Election Officer Election Officer Provincial Election Officer
or a or a lawyer of Election Officer or a lawyer in
representative the Commission the
of the Commission
Commission
Vice- Municipal City Prosecutor Provincial City Prose utor
Chairman Treasurer Prosecutor
Member District School Division District School City
Supervisor Superintendent Superintendent Superintendent

COMPOSITION OF AN ELECTORAL TRIBUNAL:

a) 3 Justices of the SC (chosen by the CJ);
b) 6 members of the Senate or HoR on the basis of proportional representation.

ELECTION CONTEST
PPC ELECTION QUO WARRANTO
PROTEST
As to Any question A contest between A proceeding to
definition pertaining to the the defeated and unseat the
proceeding or winning candidates respondent from
composition of the on the ground of office but not
BOC or preparation, fraud or necessarily to install
transmission, irregularities in the the petitioner in his
receipt, custody, and casting and counting place on the ground
appreciation of the of the ballots or in of disloyalty or
election returns. the preparation of ineligibility of the
the return. winning candidate.
As to when it Before a candidate 10 days after the 10 days from the
may be filed has been proclamation of the date the respondent
proclaimed, taken results is proclaimed
oath, and assumed
office
As to who Candidate/political Candidate; Any registered voter
may file party/coalition For singular who voted in that
nd
position- 2 & 3rd election
For multi-slot- Those
who garnered the
top 4 highest
number of votes
after the last ranked
member.

ELECTION LAW CAT 2023

ELECTION LAW CAT 2023