PART Ill LAW ON ELECTIONS CHAPTER! ; INTRODUCTORY $1.01. The basic law on elections, law on December 3, as undergone some ir Election Act;” and known as the “Overseas Absentee Voting Act Ws he Omnibus Hl Election Code is the basic law on elections. While 'Agujetasv. Court of Appeal ben E. Agpalo, on Omnibus Election Code (1902 ed} - ee LAW ON ELECTIONS 509 Introductory enacted under the 1987 Constitution, reenacted the Omnibus Elec- tion Code when it provided, in Sec. 2 thereof, the “first local elections under the new Constitution and all subsequent elections and Code of the Philippines, and other election laws not inconsistent with this Act.” ‘The Constitution tasks the Commission on Elections to enforce all election laws. ‘must be so construed, unless the law intended to use it in a different sense? ‘The term “any election” as used in the Constitution or the Election Code includes all elections in the country and refers not only to any election then provided in the laws or the Constitution, but to any election which may thereafter be required to be held local or national elective officials.‘ A “special” election is one which ‘ontiveroe v, Altiveros, 4 Phil. 632 [1913]; Taule v. Santos, 200 SCRA 612 (19015, 'Gatchalian v. COMELEC, 95 SCRA 435 (19701. ‘Paras v. COMELEC, 76 SCAD 40, 264 SCRA 49 (1006),600 ADMINISTRATIVE LAW, LAW ON PUBLIC OFFICERS % OFFI ‘AND ELECTION LAW ‘is held where there is a failure of election on th ‘sche regular election ina particular place or which is conducts ie - ‘certain vacancies, as provided by law. oe $1.03. Purpose of election: Parpos lon: prevent or minimize election ‘The purpose of an election is to enable the elector ‘choose. the men and women who would run their government, went Paenal, Provincial, city, municipal, or barangay. Tt n to vets (rede pant ean Pe Bl in determining who shall be their publie officials ria, deciding Should he relitinterests, and for this purpose all ofthe eeu eon tans Permitted, unhampered and unmolested, to cast their lections is one of the most important and ent, To banish the specter In Lino Luna v. Rodriguez," the ‘Supreme Court 1918 observed: “Experience and abservations taughe lefeesn log ¥ Amores, 94 Phi. 1 {1969}. ts Yeon v. COMELEC, 134 SCRA S71 19g), Avert ¥ Fernir, 84 Phil. 766 [1949], De Mean v. Mencias, 18 SCRA 699 99 Phil 208, 213-914 11918), LAW ON ELECTIONS eo Introductory courts that, at the time of a hotly contested election, the partisan spirit of irgenious and unscrupulous politicians will lead them the limite of honesty and decency and by the use of bril and intimidation, despoil the purity of the ballot and defe mn of the people at the polls. Such experience has led the legislature to adopt very stringent rules for the purpose of protecting the voter in the manner of preparing and casting his ballot to guard the purity of elections.” “The infinite ingenuity of violent spirit in evading the rules and regulations of elections and the use of bribery, fraud and intimidation has made necessary the establishment of elaborate and rigid rules for the conduct of elections. The very elaborateness of ‘these rules has resulted in their frequent violation and the reports ofthe courts are replete with cases in which the result of an election hhas been attacked on the ground that some provisions of the law have not been complied with, Presumably, all the provisions of the election laws have a purpose and should be observed.” In Pangandaman v. COMELEC," the Supreme Court aptly said: “The purpose of the governing statutes on the conduct of elections —“is to protect the integrity of elections to ‘suy 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 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.” “Guided by the above-quoted pronouncement, the Jegal compass from which the COMELEC should take its bearings in acting upon election controversies is the principle that ‘clean elections control the appropriateness of the remedy." ‘8116 SCAD 266, 319 SCRA 285 (1998). 9819 SCRA 289.500.CHAPTER II THE COMMISSION ON ELECTIONS $2.04, Commision on Etetons ax independent bo cxpertie more cal acquired if the work entrusted van eco of a specialized kind ‘The Constitution instituted a rotational plan in the appointment to the Commission. This is to ensure continuity in the expertise and sic dave and (2) that any acaney de 3 to death, resignation before the expiration of the term should or only be filed for the unexpired balance of the term.? 'Gabatan v. COMELEC, 122 SCRA 1983). "Republic x Imperial, 96 Phil. 70 (1955) 28 les ~ interpretation and enforcement of the election law” LAW ON ELECTIONS 608 ‘The Commission on Elections $2.05. Measures designed to make the Commission inde- pendent, ‘The Constitution established an “independent Commission on ortend to create or bring about a condition or state of mind that will lead the members of the Commission to perform with impartiality their great and important task and functions.” By the very nature of their duties and responsibilities, the members of the Commission must be independent. made to feel secured in the tenure of their office and ent emoluments during their ineurbeney soos tm in the performance of their function \d uncompromising 42.06. Powers, generally. Article IX-C of the Constitution reads: “Section 1. (1) There shall be.a Commission on Elections composed of Chairman and six Commissioners *Art ICC, Se. 1, Constitution, “‘Ututalun v COMELEC, 15 SCRA 464, ‘at, ICC, Se. 7, Constitution.