SAN BEDA COLLEGE

COLLEGE OF LAW
MENDIOLA, MANILA

ELECTION LAW NOTES

AY 2016 – 2017

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 ELECTION LAW – RAP Notes

I. GENERAL PRINCIPLES 4. Recall

- A method of removing a local official from office before the
SUFFRAGE expiration of his term because of loss of confidence.
- The right to vote in the election of officers chosen by the people and
in the determination of questions submitted to the people. 5. Referendum
- Both a privilege and an obligation. - The people can approve or reject a law or an issue of national
importance.
ELECTION
- The means by which the people choose their officials for a definite LOCAL REFERENDUM
and fixed period and to whom they entrust for the time being the - The legal process whereby the registered voters of the local
exercise of the powers of the government. government units may approve, amend or reject any ordinance
enacted by the sanggunian.
KINDS
THEORIES ON SUFFRAGE
1. Regular
- One provided for by law for the election of officers either nation- 1. Natural Right Theory
wide or in certain subdivisions thereof, after the expiration of the - Suffrage is a natural and inherent right of every citizen who is not
full term of the former officers. disqualified by reason of his own reprehensible conduct or unfitness.

2. Special 2. Social Expediency

- One held to fill a vacancy in office before the expiration of the full - Suffrage is a public office or function conferred upon the citizen for
term for which the incumbent was elected. reasons of social expediency; conferred upon those who are fit and
capable of discharging it.
EXERCISE OF SOVEREIGN AUTHORITY
3. Tribal Theory
1. Election - It is a necessary attribute of membership in the State
- The people choose the representatives to whom they will entrust
the exercise of powers of government. 4. Feudal Theory
- It is an adjunct of a particular status, generally tenurial in character
2. Plebiscite
- The people ratify any amendment to or revision of the 5. Ethical Theory
Constitution and may introduce amendments to the Constitution. - It is a necessary and essential means for the development of society.

3. Initiative
- The legal process whereby the registered voters of a local
government unit may directly propose, enact, or amend any
ordinance through an election called for the purpose.

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Decisions, final orders, or rulings of the Commission on Election

II. COMMISSION ON ELECTIONS contests involving elective municipal and barangay offices shall
be final, executor and unappealable.
COMPOSITION 3. Decide, save those involving the right to vote, all questions affecting
elections, including determination of the number and location of
1. One Chairman polling places, appointment of election officials and inspectors, and
2. Six Commissioners registration of voters.
4. Deputize with the concurrence of the President, law enforcement
QUALIFICATIONS agencies and instrumentalities for the exclusive purpose of ensuring
free, orderly, honest, peaceful and credible elections.
1. Natural-born citizen 5. Register, after sufficient publication, political parties, organizations
2. At least 35 years old at the time of the appointment and coalitions which must present their platform or program of
3. College degree holder government
4. Not a candidate in the election immediately preceding the 6. File, upon a verified complaint, or on its own initiative, petitions in
appointment court for the inclusion or exclusion of voters; investigate and, where
5. Majority, including the chairman, must be members of the appropriate, prosecute cases of violations of election laws
Philippine Bar who have been engaged in the practice of law for at 7. Recommend to the Congress effective measures to minimize
least 10 years. election spending, including limitation of places where propaganda
materials shall be posted; and to prevent and penalize all forms of
APPOINTMENT AND TERM election frauds, offenses, malpractices, and nuisance candidates
- Appointed by the President with the consent of the Commission on 8. Recommend to the President the removal of any officer or employee
Appointments for a term of 7 years, without reappointment. it has deputized, or the imposition of any other disciplinary action,
- In case of ad interim appointment, a subsequent renewal of the for violation or disregard of, or disobedience to its directive, order,
appointment does not violate the prohibition on reappointments or decision; and
because no previous appointment was confirmed by the 9. Submit to the President and Congress a comprehensive report on the
Commission on Appointments. The total term however, of both conduct of each election, plebiscite, initiative, referendum or recall.
appointments, still may not exceed the 7-year limit.
III. VOTERS
CONSTITUTIONAL POWERS AND FUNCTIONS
QUALIFICATIONS FOR SUFFRAGE
1. Enforce and administer all laws and regulations relative to the
conduct of an election, plebiscite, initiative, recall or referendum. - Section 1, Article V of the 1987 Constitution
2. Exclusive original jurisdiction over all contests relating to the 1. A citizen of the Philippines
election, returns and qualifications of all elective regional, 2. At least 18 years of age
provincial and city officials. 3. Shall have resided in the Philippines for at least one year and in
Exclusive appellate jurisdiction over all contests involving the place wherein they propose to vote for at least six months
elective municipal officials decided by the RTC, or involving immediately preceding the election.
elective barangay officials decided by the MTC.

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4. No literacy, property, or other substantive requirement shall be DISQUALIFICATION FOR REGISTRATION

imposed on the exercise of suffrage.
- Same grounds as disqualification for suffrage.
DISQUALIFICATIONS FOR SUFFRAGE
ELECTION REGISTRATION BOARD
- Section 118, B.P. 881 - Section 15, R.A. 8189
1. Any person sentenced by final judgment to suffer imprisonment - There shall be in each city and municipality as many Election
for not less than one year (unless granted plenary pardon or Registration Boards as there are election officers therein.
amnesty); but right is reacquired upon the expiration of 5 years - Shall be composed of:
after the service of sentence. 1. The Election Officer, as chairman
2. Any person adjudged by final judgment of having committed 2. As members:
any crime involving disloyalty to the government or any crime a. The public school official most senior in rank
against national security (unless restored to full civil and b. The local civil registrar, or in his absence;
political rights in accordance with law); but right is reacquired c. The city or municipal treasurer.
upon the expiration of 5 years after service of sentence. - No member of the Board shall be related to each other or to any
3. Insane or incompetent persons as declared by competent incumbent city or municipal elective official within the fourth civil
authority. degree of consanguinity or affinity.

IV. REGISTRATION OF VOTERS DEACTIVATION OF REGISTRATION

QUALIFICATIONS FOR REGISTRATION - Section 27, RA 8189

1. Any person who has been sentenced by final judgment to suffer
- Section 4, B.P. 881 imprisonment for not less than one year, such disability not
1. Must be registered in the Permanent List of Voters for the city having been removed by plenary pardon or amnesty
or municipality in which he resides. 2. Any person who, adjudged by final judgment by a competent
2. The personal filing of application of registration of voters shall court or tribunal of having caused/committed any crime
be conducted daily in the office of the Election officer during involving disloyalty to the duly constituted government, or any
regular office hours. No registration shall, however, be crime against national security, unless restored his full civil and
conducted during the period starting 120 days before a regular political rights in accordance with law
election and 90 days before a special election. 3. Any person declared by competent authority to be insane or
- Registration does not confer the right to vote; it is but a condition incompetent unless such disqualification has been consequently
precedent to the exercise of the right. Registration is regulation, not removed by a declaration of proper authority that such person is
a qualification. no longer insane or incompetent
4. Any person who did not vote in the two successive preceding
- Any illiterate person may register with the assistance of the election regular elections as shown by their voting records
officer or any member of an accredited citizen’s arms. 5. Any person whose registration has been ordered excluded by the
court
6. Any person who has lost his Filipino citizenship

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shall decide these petitions not later than 15 days before the
REACTIVATION OF REGISTRATION election and the decision shall become final and executor.

- Section 28, RA 8189 2. Jurisdiction in inclusion and exclusion cases

1. File a sworn application for reactivation of his registration in the - Municipal and Metropolitan Trial Court shall have original and
form of an affidavit exclusive jurisdiction over all cases of inclusion and exclusion of
2. Stating that the grounds for deactivation no longer exists any voters in their respective cities and municipalities.
time but not later than 120 days before a regular election and 90
days before a special election. 3. Petition for Inclusion
3. The Election Officer shall submit such application to the - Section 34, RA 8189
Election Registration Board for appropriate action. a. Any person whose application for registration has been
disapproved by the Board or whose name has been stricken out
INCLUSION AND EXCLUSION PROCEEDINGS from the list may file with the Court a petition to include his
name in the permanent list of voters in his precinct at any time
1. Common rules governing judicial proceedings in the matter of except 105 days prior to a regular election and 75 days prior to
inclusion, exclusion and correction of names of voters a special election.
a. Petition for inclusion, exclusion or correction of names of voters b. It shall be supported by a certificate of disapproval or his
shall be filed during office hours. application and proof of service of notice of his petition upon the
b. Notice of the place, date and time of the hearing of the petition Board.
shall be served upon the members of the Board and the c. The petition shall be decided within 15 days after its filing.
challenged voter upon filing of the petition.
c. A petition shall refer only to one precinct and shall implead the 4. Petition for Exclusion
Board as respondents. - Section 35, RA 8189
d. No costs shall be assessed against any party in these a. Any registered voter, representative of a political party or the
proceedings. However, if the Court finds that the application has Election Officer, may file a sworn petition for the exclusion of a
been filed solely to harass the adverse party and cause him to voter from the permanent list of voters
incur expenses, it shall order the culpable party to pay the costs b. Giving the name, address and the precinct of the challenged
and incidental expenses. voter at any time except 100 days prior to a regular election and
e. Any voter, candidate or political party affected by the 65 days prior to a special election.
proceedings may intervene and present his evidence. c. The petition shall be accompanied by proof of notice to the
f. The decision shall be based on the evidence presented in no case Board and to the challenged voter
rendered upon such stipulation of facts. If the question is d. It shall be decided within 10 days of its filing.
whether or not the voter is real or fictitious, his non-appearance
on the day set for hearing shall be prima facie evidence that the
challenged voter is fictitious.
g. The petition shall be heard and decided within 10 days from the
date of its filing. Cases appealed to the RTC shall be decided
within 10 days from receipt of the appeal. In all cases, the court

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V. ELECTION OFFENSES the correct votes or deduct the tampered votes, where the
total votes involved exceed 10,000 votes.
PROHIBITED ACTS UNDER THE ELECTION CODE i. Committed by any person, any member of the BEI or
any member of the BOC.
1. Vote-buying and vote-selling 3. Conspiracy to Bribe Voters
a. By giving, offering or promising money or anything of value 4. Wagering upon the Result of the Election
(including employment) 5. Coercion
b. By soliciting or receiving any expenditure or promise of any 6. Appointment of New Employees
office or employment, public or private 7. Promoting or Giving (by any government official) any increase of
c. Distribution of cigarettes to people who attend a political Salary or Renumeration or Privilege to any Government Official or
meeting is prohibited (PEOPLE v. FERRER) Employee
2. Electoral Sabotage (SECTION 42, RA 9369) 8. Transfer or detail of Government Official or Employee without
- A special election offense committed when the tampering, COMELEC Approval
increase or decrease of votes or the refusal to credit the correct 9. Intervention of Public Officers and Employees
votes and/or to deduct tampered votes are perpetrated on large 10. Undue Influence
scale or in substantial numbers, the penalty to be imposed shall 11. Unlawful Electioneering
be life imprisonment. 12. Harassment and Dismissal of Employees, Laborers and Tenants
a. When the tampering, increase and/or decrease of votes 13. Appointment or Use of Special Policemen, Special Agents or
perpetrated or the refusal to credit the correct votes or to Confidential Agents
deduct tampered votes: 14. Illegal Release of Prisoners Before and After Election
i. Is/are committed in the election of a national elective 15. Use of Public Funds, Equipment and Facilities for Election
office which is voted upon nationwide; Campaign
ii. Shall adversely affect the results of the election to the 16. Carrying of Deadly Weapon Within a Radius of 100 meters from a
said national office to the extent that the losing Precinct
candidate is/are made to appear the winner/s 17. Carrying of Firearms Outside Residence or Place of Business
b. Regardless of the elective office involved, when the 18. Use of Armored Land, Water or Aircraft
tampering, increase and/or decrease of votes committed or 19. Wearing of Uniforms and Bearing Arms
the refusal to credit the correct votes or to deduct tampered 20. Release, Disbursement or Expenditure of Public Funds
votes perpetrated: 21. Construction of Public Works, Delivery of Materials for Public
i. Is accomplished in a single election document Works and Issuance of Treasury Warrants and Similar Devices
ii. In the transposition of the figure/results from one 22. Suspension of Elective Provincial, City, Municipal or Barangay
election document to another Officer
iii. In both cases above, the votes involved exceed 5,000 23. On Registration of Voters
votes and that the same adversely affects the true 24. On Voting
results of the election 25. On Canvassing
c. Any and all other forms of tampering increase/s and/or 26. Prohibitions Relating to Candidacy and Campaign
decrease/s of votes perpetuated or in cases of refusal to credit 27. Other Prohibitions
a. Liquor Ban

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b. Sale and Display of Merchandise PENALTIES

c. Fairs, cockfights, boxing, horse-races or other similar sports
d. Refusal to carry election mail 1. Imprisonment of not less than 1 year but not more than 6 years and
e. Discrimination in the Sale of Airtime shall not be subject to probation.
28. Other election offenses under OEC 2. Disqualification to hold public office and deprivation of the right to
a. Intervention of Foreigners in any manner in the elections suffrage.
b. Removal, destruction or defacement of lawful election 3. If the person criminally liable is a foreigner, he shall be sentenced
propaganda to pay a fine of not less than 10,000PhP.
29. Election Offenses in Special Laws
a. The Electoral Reforms Law of 1987 PROSECUTION
b. The Voters Registration Act of 1996
c. The Overseas Voting Act of 2013 - Sec. 43, RA 9369
d. Fair Elections Act The Commission shall, through its duly authorized legal officers,
e. Mandatory Biometrics Voter Registration have the power, concurrent with the other prosecuting arms of the
a. Any person who shall prohibit, impede, obstruct or prevent government, to conduct preliminary investigation of all election
a registered voter or a new voter from submitting his or her offenses punishable under this Code, and prosecute the same.
biometrics for capture through the use of force, intimidation 1. Investigation and prosecution of election offenses shall be given
or monetary consideration; and priority by the COMELEC. The investigating officer shall
b. Any public official or person who, under the guise of resolve the case within 5 days from submission.
implementing this Act, shall unjustifiably and without due 2. The courts shall likewise give preference to election offenses
process, cause the deactivation and reactivation of any over all other cases, except petitions for writ of habeas corpus.
registered voter. Cases shall be decided within 30 days from submission.
f. Law on Automated Elections
PRESCRIPTION
PERSONS CRIMINALLY LIABLE
- 5 years from the date of submission.
1. Principals, accomplices and accessories as defined in the RPC. - If the discovery of the offense is made in an election contest
2. If the one responsible be a political party or an entity, its president proceeding, the period of prescription shall commence on the date
or head, the officials and employees of the same, performing duties which on which the judgment in such proceedings become final and
connected with the offense committed and its members who may be executory.
principals, accomplices or accessories shall be liable, in addition to - It is interrupted when proceedings are instituted against the offender.
the liability of such party or entity.
3. Director of Prisons, Provincial Warden or Keeper of the jail in case
of prisoner or prisoners illegally released from any penitentiary or
jail during the prohibited period.

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JURISDICTION

1. COMELEC has exclusive jurisdiction to investigate and prosecute

cases involving violations of election laws.
- Article IX-C, Section 2, paragraph 6, 1987 Constitution
a. But COMELEC may delegate the power to the Provincial
Prosecutor
b. It is not the duty of the COMELEC, as investigator and
prosecutor to gather proof in support of a complaint filed before
it
c. The Ombudsman or Prosecutor may prosecute election offenses
if deputized by the COMELEC
2. The RTC has exclusive original jurisdiction to try and decide any
criminal actions or proceedings for violation of election laws
3. The MeTC and MTC, by way of exception, exercises jurisdiction
only over offenses relating to failure to register or to vote

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