Election Law3

USJ-R School of Law
▪ Section 5(1) of Article VI of the Constitution:

▪
The House of Representatives shall be composed of not more
than two hundred and fifty members, unless otherwise fixed by
law, who shall be elected from legislative districts apportioned
among the provinces, cities, and the Metropolitan Manila area in
accordance with the number of their respective inhabitants, and on
the basis of a uniform and progressive ratio, and those who, as
provided by law, shall be elected through a party-list system of
registered national, regional, and sectoral parties or organizations.
▪ RA 7941: Provides for the election of party-list
representatives through the party-list system and
requires the Commission to undertake various
activities within the prescribed periods which
activities are difficult to accomplish within the
periods prescribed therein
▪ mechanism of proportional representation in
the election of representatives to the House of Representative
from national, regional, and sectoral parties, organizations and
coalitions thereof registered with the COMELEC. Component
parties or organizations of a coalition may participate
independently provided the coalition of which they from part
does not participate in the party-list system.
▪ Proportional representation: The additional seats, that is, the
remaining seats after allocation of the guaranteed seats, shall be
distributed to the party-list organizations including those that
received less than two percent of the total votes.
▪
The three-seat cap. Each qualified party, regardless of the number
of votes it actually obtained, is entitled only to a maximum of 3 seats.
▪ Lawful Election Propaganda
❑Written/Printed Materials (does not exceed 8 ½ in. width by 14 in.
length)
❑Handwritten/printed letters
❑Posters (not exceeding 2 x 3 ft.), however, 3 by 8 ft. streamers are
allowed in announcing a public meeting or rally, at the site and on the
occasion of a public meeting or rally, may be displayed 5 days before
the date of rally but shall be removed within 24 hours after said rally.
▪ Print Ads
❑ ¼ page in broadsheets and ½ page in tabloids thrice a week per
newspaper, magazine or other publication during the campaign
period
❑Broadcast Media (i.e. TV and Radio):
a. National Positions: 120 minutes for TV and 180 minutes for radio;
b. Local Positions: 60 minutes for TV and 90
▪ Social Media - refers to the collective of online communication
channels, including websites and applications, that enable users to
create and share content, collaborate, and interact with each other.
For purposes of these Rules, video sharing sites which allow users to
post comments on individual entries shall be considered as falling
within the broad category of "social media". "Social Media Account"
refers to a user's personalized access to a social networking site or
application, typically using a username and password combination. A
social media account allows a user to interact with other users on the
same social networking site. "Social Media Post" refers to any text,
audio, or graphic content - or any combination thereof - published
online using a social media account.
▪ Prohibited forms of Election Propaganda (Sec. 85, BP 881)
(a) To print, publish, post or distribute any poster, pamphlet, circular,
handbill, or printed matter urging voters to vote for or against any
candidate unless they bear the names and addresses of the printer
and payor as required in Section 84 hereof;
(b) To erect, put up, make use of, attach, float or display any billboard,
tinplate-poster, balloons and the like, of whatever size, shape, form or
kind, advertising for or against any candidate or political party;
▪ (c) To purchase, manufacture, request, distribute or accept electoral
propaganda gadgets, such as pens, lighters, fans of whatever nature,
flashlights, athletic goods or materials, wallets, shirts, hats, bandanas,
matches, cigarettes and the like, except that campaign supporters
accompanying a candidate shall be allowed to wear hats and/or
shirts or T-shirts advertising a candidate;
(d) To show or display publicly any advertisement or propaganda for
or against any candidate by means of cinematography, audio-visual
units or other screen projections except telecasts which may be
allowed as hereinafter provided; and
(e) For any radio broadcasting or television station to sell or give free
of charge air time for campaign and other political purposes except
as authorized in
AUTOMATED ELECTIONS ACT (R.A. 9369)
❑ Automated election system, hereinafter to as AES - a system using appropriate
technology which has been demonstrated in the voting, counting, consolidating,
canvassing, and transmission of election result, and other electoral process;
❑ Electronic transmission - conveying data in electronic form from one location to
other;
❑Paper-based election system - a type of automated election system that use paper
ballots, records and counts votes, tabulates, consolidates/canvasses and transmits
electronically the results of the vote count;“
❑Direct recording electronic election
system - a type or automated election system that uses electronic ballots, records,
votes by means of a ballot display provided with mechanical or electro-optical
component that can be activated by the voter, processes data by means of a computer
programs, record voting data and ballot images, and transmits voting results
electronically;

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USJ-R School of Law

▪ Section 5(1) of Article VI of the Constitution:

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