Preface

As future litigators it is within us the power to uphold the laws and make our votes
matter, for within inside all of us is the power to make a change for the betterment
of our society, for our future generation. To quote John Lewis, ‘the vote is
precious, it is the most powerful non-violent tool we have in a democratic society,
and we must use it’.

The aim of this study is to understand Election Laws in the Philippines, its rules
and regulations, the promulgating body in relation to the course Administrative
Law 1 at University of Negros Occidental- Recoletos as a Juris Doctorate student.
This is in relation to the discussion with regards to governmental administrative
agencies in the Philippines as a supplemental knowledge and expertise of the
subject which was suddenly interrupted by the pandemic Covid-19, last March 15,
2020, as a continuance of the study of the subject matter.

All of us have been affected, economies, studies and the whole world stood still,
and everyone fought valiantly to survive. This is in honor to my fellow medical
team, that pushed me forward in my studies, as vanguard of the law and pursue
online continuance of my law studies to commemorate all the sacrifices we’ve
endured as “frontliners” of this pandemic covid-19. It has been tough, arduous and
unrelenting but despite all this, this inspired me to become a future litigant to
protect our rights not just as individuals or a deprived citizen but to make changes
in our legislative bodies to make priorities not just about matters of infrastructure,
economy and such but to give focus to our health. The main factor that this
pandemic has brought and wrought havoc amongst our countrymen is the
unpreparedness of our medical response, be it a pandemic or a disaster or
calamities.

There have been factors that delimits our optimal learning, one of which is the
limitations and restrictions of movement and access to libraries to counter check
the validity of this study, but the sources and reference for the following are
political law and the constitutional law books with relevance to administrative laws
that the internet could provide.

Lera May B. Caspe, RN, MN

pg. 1 Lera May B. Caspe

 3rd Year Juris Doctor Student

Contents

Preface …………………. Page 1

Table of Contents ………………….. Page 2

Title …………………. Page 3

Definition of Terms ………………… Page 4-5

Introduction …………………. Page 6-7

Statement of the Problem …………………. Page 8

Objective …………………. Page 9

Theoretical framework …………………. Page 10

Conceptual framework …………………. Page 11

Scope and Limitations …………………. Page 12

Synthesis …………………. Page 13-16

Review of Related Literature ………………….. Page 17-27

Detainee Voting …………………. Page 28

Resolution No. 9371 ………………….. Page 29-32

The Omnibus Election code- Article XII …………………. Page 33

Republic Act 8189 …………………. Page 33-34

Conclusion …………………. Page 35

Reference ………………… Page 36

pg. 2 Lera May B. Caspe

 UNDERSTANDING THE RIGHTS OF PERSONS
DEPRIVED OF LIBERTY WITH REGARDS TO
THEIR RIGHT OF SUFFRAGE IN RELATION TO
THE CONSTITUTION AND THE COMMISSION ON
ELECTIONS IN THE PHILIPPINES

pg. 3 Lera May B. Caspe

Definition of Terms

Commission on Elections (COMELEC)- The Commission on Elections, usually

abbreviated as COMELEC, is one of the three constitutional commissions of the
Philippines. Its principal role is to enforce all laws and regulations relative to the
conduct of elections in the Philippines.

Detainee- is someone who is held prisoner by a government because of his or her

political views or activities.

Human Rights- Human rights are the basic rights and freedoms that belong to

every person in the world, from birth until death. These basic rights are based on
shared values like dignity, fairness, equality, respect and independence. These
values are defined and protected by law.

Persons deprived of Liberty- refers to a detainee, inmate, or prisoner, or other

person under confinement or custody in any other manner. However, in order to
prevent labeling, branding or shaming by the use of these or other derogatory
words, the term “prisoner” has been replaced by this new and neutral phrase
“person deprived of liberty” under Article 10, of International Covenant on Civil
and Political Rights (ICCPR), who “shall be treated with humanity and with
respect for the inherent dignity of the human person.”

Prison – refers to a government establishment where national inmates/prisoners

serve their sentence. Philippine prisons are also known as penal colonies or Prison
and Penal Farms. There are a total of seven (7) penal colonies presently under the
control and supervision of the Bureau of Corrections.

Reformation – refers to the rehabilitation component of the BuCor’s present

corrections system, shall refer to the acts which ensure the public (including
families of inmates and their victims) that released national inmates are no longer
harmful to the community by becoming reformed individuals prepared to live a
normal and productive life upon reintegration to the mainstream society.
Rights- Rights are legal, social, or ethical principles of freedom or entitlement; that
is, rights are the fundamental normative rules about what is allowed of people or
owed to people according to some legal system, social convention, or ethical
theory.
Suffrage- Suffrage, political franchise, or simply franchise is the right to vote in
public, political elections (although the term is sometimes used for any right to

pg. 4 Lera May B. Caspe

vote). Suffrage describes not only the legal right to vote, but also the practical
question of whether a question will be put to a vote.

Voting- Voting is a method for a group, such as a meeting or an electorate, in order

to make a collective decision or express an opinion usually following discussions,
debates or election campaigns. Democracies elect holders of high office by voting.
It is also  a formal expression of opinion or choice, either positive or negative,
made by an individual or body of individuals. 

pg. 5 Lera May B. Caspe

Introduction

The electoral legal framework of the Philippines are governed by the Constitution,
general and special laws passed by Congress, and the implementing rules and
regulations promulgated by the Philippine Commission on Elections (COMELEC),
the independent election management body created by the Constitution.

The 1987 Philippine Constitution as the fundamental law of the land contains,
amongst others, the fundamental provisions governing Philippine citizenship,
suffrage rights under Article V of the Constitution, qualifications to vote, national
elective positions including qualifications and terms of office, local government
and the terms of elective officials, and the creation of COMELEC.

Section 9 of Republic Act No. 8189, The Voter’s Registration Act of 1996,
reiterates the right to vote has certain basic qualifications specifically not as
otherwise disqualified by law states that a person should be: (a) a Filipino
citizenship; (b) at least 18 years of age; and (c) residence in the Philippines for at
least one year and residence in the place where the voter intends to vote for at least
six months immediately preceding the election. Otherwise qualified overseas
absentee voters are exempted from the residence requirement if their “domicile”
remains in the Philippines within three years of registering as a voter. Said aspirant
voter must undergo the process of registering in person within the Philippines at a
city or municipal Elections Officer’s Office and overseas at the relevant Philippine
mission for the voter’s residence, or a mobile registration office.

Whereas section 11 enunciates persons that are disqualified to vote are those: (a)
Any person who has been sentenced by final judgment to suffer imprisonment of
not less than one (1) year, such disability not having been removed by plenary
pardon or amnesty: Provided, however, That any person disqualified to vote under
this paragraph shall automatically reacquire the right to vote upon expiration of
five (5) years after service of sentence; (b) Any person who has been adjudged by
final judgment by a competent court or tribunal of having committed any crime
involving disloyalty to the duly constituted government such as rebellion, sedition,
violation of the 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 automatically reacquire the right to vote upon expiration of five (5) years
after service of sentence; and (c) Insane or incompetent persons declared as such

pg. 6 Lera May B. Caspe

by competent authority unless subsequently declared by proper authority that such
person is no longer insane or incompetent.

pg. 7 Lera May B. Caspe

Statement of the Problem

In this research study we will be discussing issues regarding detainee voting, the
voting rights of persons deprived of liberty and the correctional system in relation
to the administrative laws and governance of Philippine Correctional Facilities in
conjunction with the rules and regulations set by the COMELEC with regards to
suffrage as a basic right promulgated and protected by the law of the land, the
Philippine Constitution.

pg. 8 Lera May B. Caspe

Objective

The objective of this study is to understand the administrative functions of the

legislative body in promulgating laws with regards to our rights to vote, the
regulating and implementing bodies of the Governmental agencies of the
Philippines in relation to the subject Administrative Law 1 as a UNO-Recoletos
Juris Doctorate student on the topic of Suffrage or the right to vote with regards to
persons deprived of liberty.

pg. 9 Lera May B. Caspe

Theoretical Framework

Constitution

Philippine Government
COMELEC

Detainee Voter/
Persons Deprived
Suffrage/ Detainee Voting of Liberty

pg. 10 Lera May B. Caspe

Conceptual Framework

Constitution -aggregate of
fundamental principles or established
precedents that constitute the legal
basis of a polity, organisation or other Philippine
type of entity and commonly Government
determine how that entity is to be Structure- 3 branch of
governed. government was
created by the COMELEC-is the principal
constitution with government agency tasked
checks and balances by the Constitution to
to create a structure enforce and administer all
of basic governance laws and regulations
and it’s duly created concerning the conduct of
agencies and facilities regular and special
(i.e COMELEC, Bureau elections.
of Corrections)

Detainee Voter/
Suffrage/ Detainee Voting- Article V of Persons Deprived
the constitution provides for the rights of of Liberty
persons to vote.

pg. 11 Lera May B. Caspe

Scope and Limitations

The scope of this study is focused on the discussion of laws that govern pertaining
to voting rights of a person deprived of liberty or a detainee. The governmental
functions and limitations of how an agency carried out the Constitutional provision
to protect the rights of every individual carried out by the government agencies and
facilities.

The limitations of this study delimit to the collection process of data in relevance
to the study, the restrictions and limited access to libraries as imposed by the
pandemic protocols. The research heavily relied on constitutional books,
reviewers, administrative law books and the internet. Due to said constraints and
limits of the study as well as the time frame given, it is within the researchers
purview to provide basic principles of election laws with regards to the constitution
and the governmental agency that implements rules and regulations.

pg. 12 Lera May B. Caspe

Synthesis

The 1987 Philippine Constitution contains, amongst others, the fundamental

provisions governing Philippine citizenship, suffrage rights under Article V of the
Constitution, qualifications to vote, national elective positions including
qualifications and terms of office, local government and the terms of elective
officials, and the creation of COMELEC.

Our society have set laws that punish and deprive the liberty of a person who have
violated the laws of the land. These persons have been in custody of the State,
wherein the State ensures the reformation and reintegration of these individuals
back to the society. The penitentiary and institutional services of the government
ensure that these individuals are institutionalized to become responsible, law
abiding citizens before they be granted their freedom and join the society to
prevent crimes, anarchy, rebellion and unrest. Specific laws have been
promulgated to protect the rights of these individuals even though they serve
sentence as punishment of a crime they committed. Before we go on to the details
pertaining to laws that regulate the process of detainee voting, let us first define
and analyze what is a detainee, a person deprived of liberty (PDL) and what are
their rights as set by the laws of the State. In the Philippines we have the
REPUBLIC ACT NO. 10575, OTHERWISE KNOWN AS “THE BUREAU OF
CORRECTIONS ACT OF 2013”. This defined the rules and regulations a
detainee or a person deprived of liberty with regards to their rights. Section 2 of the
Act provides the purpose of the correction facilities in the Philippines which states
that:

“Imprisonment and other measures which result in cutting off an offender from the
outside world are afflictive by the very fact of taking from the person the right of
self-determination by depriving him of his liberty. Therefore, the prison system
shall not, except as incidental to justifiable segregation or the maintenance of
discipline, aggravate the suffering inherent in such a situation.”

The concept of reintegration to society is stated in Rule 58 of United Nations

Standard Minimum Rules for Treatment of Prisoners (UNSMRTP):

“The purpose and justification of a sentence of imprisonment or a similar measure

deprivative of liberty is ultimately to protect society against crime. This end can
only be achieved if the period of imprisonment is used to ensure, so far as possible,

pg. 13 Lera May B. Caspe

that upon his return to society the offender is not only willing but able to lead a
law-abiding and self-supporting life.”

And the concept of reformation is stated in Rule 59 of UNSMRTP:

“To this end, the institution should utilize all the remedial, educational, moral,
spiritual and other forces and forms of assistance which are appropriate and
available, and should seek to apply them according to the individual treatment
needs of the prisoners.”

On a national scope, the Bureau of Corrections (BuCor) shall be able to completely

deliver the actual realization of deterrence (special deterrence and general
deterrence), restraint, reformation, retribution, and restoration as major
interventions for the treatment of law offenders towards a safe, secure, harmonious
and progressive Philippine society.

Towards this end, the State shall provide for the modernization, professionalization
and restructuring of the Bureau of Corrections by upgrading its facilities,
increasing the number of its personnel, upgrading the level of qualifications of
their personnel and standardizing their base pay, retirement and other benefits,
making it at par with that of the Bureau of Jail Management and Penology (BJMP),
and maximization of land use development for the agency’s sustainability.

Rule III section 3 r. Inmate – refers to person confined in jails/prisons to serve

his/her sentence or for safekeeping who is officially called Person Deprived of
Liberty (PDL). (Italics provided for Emphasis) and;

u. Person Deprived of Liberty (PDL) – refers to a detainee, inmate, or prisoner,

or other person under confinement or custody in any other manner. However, in
order to prevent labeling, branding or shaming by the use of these or other
derogatory words, the term “prisoner” has been replaced by this new and neutral
phrase “person deprived of liberty” under Article 10, of International Covenant on
Civil and Political Rights (ICCPR), who “shall be treated with humanity and with
respect for the inherent dignity of the human person.”

The Constitution provides one of our basic human right, Suffrage, Article V. One
of the most critical ways that individuals can influence governmental decision-
making is through voting. Voting is a formal expression of preference for
a candidate for office or for a proposed resolution of an issue. Voting generally

pg. 14 Lera May B. Caspe

takes place in the context of a large-scale national or regional election, however,
local and small-scale community elections can be just as critical to individual
participation in government.

Article V Section 1 reiterates 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. And that section 2 provides that the Congress
shall provide a system for securing the secrecy and sanctity of the ballot as well as
a system for absentee voting by qualified Filipinos abroad. The Congress shall also
design a procedure for the disabled and the illiterates to vote without the assistance
of other persons. Until then, they shall be allowed to vote under existing laws and
such rules as the Commission on Elections may promulgate to protect the secrecy
of the ballot.

While the right to vote is widely recognized as a fundamental human right, this
right is not fully enforced for millions of individuals around the world.
Consistently disenfranchised groups include non-citizens, young people,
minorities, those who commit crimes, the homeless, disabled persons, and many
others who lack access to the vote for a variety of reasons including poverty,
illiteracy, intimidation, or unfair election processes. An important force in
combating disenfranchisement is the growth of organizations engaged in election
monitoring. Around the world, governments struggle to meet the challenge of
the Universal Declaration related to free and fair elections. Election monitoring
groups, ranging from local or party monitors to United Nations teams, assist
governments and local groups to hold free and fair elections by observing the
process from the beginning (voter education, candidate campaigns, planning for
the ballot) to the end vote count. By declaring an election ‘free and fair’ monitors
can legitimize the outcome of that election. Conversely, by not doing so,
legitimacy is withheld. The question of whether to grant legitimacy to election
results is complicated by political considerations, as the results of declaring
elections ‘not free nor fair’ can be serious. Riots and even civil war can break out.

The challenges the government is facing with the PDL voting is the security issues
and illiteracy or lack of information regarding the electoral candidates and the
implications of their voting turnout. It is not highly guaranteed for ballot secrecy
type when some inmates or PDL’s could not legibly write the names of the

pg. 15 Lera May B. Caspe

candidates on their own. Likewise the transporting and the manpower to secure the
facilities and the ballot boxes for counting has become a challenge. The RA 10575
are supplementing these inadequacies but not without difficulties. Hence the
promulgation of the resolution 9371, wherein PDL’s are only allowed to vote for
positions of president, vice president, senators, and parties and organizations under
the party-list system only.

pg. 16 Lera May B. Caspe

Review of Related Literature

I. SUFFRAGE

Suffrage is the right to vote in the election of officers chosen by the people and in
the determination of questions submitted to the people. It includes election,
plebiscite, initiative, and referendum. The fundamental idea of democracy and
republican state is the right of the people to determine their own destiny through
their choice of leaders. Limiting the airtime of the national candidates and political
parties’ advertisement was violative of the people’s right to suffrage.

ELECTION means that the people choose their officials for a definite and fixed
period and to whom they entrust for the time being the exercise of the powers of
the government.

KINDS of which are:

1. Regular - One which is provided by law
2. Special – One is held to fill the vacancy before the expiration of the term

THEORIES ON SUFFRAGE:
1. Natural right theory - It is a natural and inherent right of every citizen who is not
disqualified by reason of his own reprehensible conduct or unfitness.
2. Social Expediency - It is a public office or function conferred upon the citizen
for reason of social expediency conferred upon those who are fit and capable of
discharging it
3. Tribal Theory - Necessary attribute of membership in the state
4. Feudal Theory - Adjunct of a particular status, generally tenurial in character
5. Ethnical Theory - Necessary and essential means for the development of society

THEORIES THAT ARE PREVAILING IN THE PHILIPPINES:

It is both a privilege and obligation

- Overseas absentee voting act: Immigrants or permanent resident of another

country who is recognized as such in the host country unless she executes an

pg. 17 Lera May B. Caspe

affidavit declaring that she shall resume actual, physical, permanent residence in
PH not later than three years from the approval of her registration under the said
act

- DISQUALIFIED TO VOTE - Members of Armed forces of the PH and PNP and

other government officers and employees who are duly registered voters and who,
on election day are temporarily assigned to places where they are not registered in
connection with the performance of election duties shall be allowed to vote FOR
PRESIDENT, VP, SENATORS in the place where they are temporarily assigned.

- A voter who is illiterate or physically unable to prepare the ballot by himself may
be assisted in the preparation of his ballot by a relative C/A within the fourth civil
degree or if he has none, by any person of his confidence who belong to the same
household or to any member of the board of election inspectors - It must be
indicated in the registration record.

- A person may not assist more than three times except when board of election
inspector.

- The pilot testing of the PCOS on 2007 national elections in the areas specified in
RA 8436 is not an absolute must for the machines’ use in the 2010 elections. It is
sufficient that the capability of the chosen AES has been demonstrated in an
electoral exercise in a foreign jurisdiction.

-In BANAT VS COMELEC CASE: - Automated Election System was challenged

in 4 grounds.

Supreme Court held:

1. Title is comprehensive enough to include the subjects related to the general
purpose.
2. No conflict of jurisdiction since the powers of the Congress and COMELEC and
that of PET and SET are exercised on different occasions
3. The phrase “Where appropriate” leaves to legislature the power to determine the
kind of election offenses which the COMELEC shall prosecute exclusively
4. It is not violative of the freedom of parties to contract.

ELECTION PERIOD - Unless otherwise fixed by the commission on elections in

special cases, the election period shall commence 90 days before the day of the
election and shall end 30 days thereafter.

pg. 18 Lera May B. Caspe

 II. COMELEC

The COMELECCOMPOSITION:
1 Chairman and 6 Commissioners

QUALIFICATIONS:
1. Natural Born
2. At least 35
3. Holder of College degree
4. Must not have been a candidate in the immediately preceding election - Majority
including the chairman must be members of the bar who have been engaged in
practice of law for at least 10 years.

- Appointed by the president with the consent of Commission on appointments

- 7 years without reappointment
- No member shall be appointed or designated in a temporary capacity

DECISION:
- Comelec shall decide by a MAJORITY VOTE of all its members any case or
matter brought before it within 60 days from the date of submission for decision or
resolution.
- If commissioners retired prior to the promulgation of decision, Their votes should
merely be considered withdrawn as if they had not signed. - UNLESS: Withdrawal
of the votes would materially affect the result.
- IF EQUALLY DIVIDED: There shall be rehearing. If still no majority: 1.
Original cases: DISMISSED 2. Appealed cases: AFFIRMED

- A protesting candidate cannot file a petition with SC when the comelec vote is
equally divided as a rehearing is not conducted
- PREMATURE - Comelec may sit en banc or in two divisions and shall
promulgate its rules

CASES TO BE HEARD AND DECIDED BY DIVISION:

1. All election cases including pre proclamation contests originally cognizable by
the commission.

pg. 19 Lera May B. Caspe

2. Petition to cancel certificate of candidacy - Involves the exercise of Quasi
judicial powers
3. Appealed cases from RTC/MTC
4. Petition for certiorari from decisions of RTC/MTC
CASES IN EN BANC
1. Motion for reconsideration of decision of Division
2. Petition for correction of manifest errors alleging an erroneous copying of
figures from the election return which requires merely a clerical correction or
involves simple arithmetic
3. Violation of election laws which involves administrative powers
4. When commission does not exercise its adjudicatory or quasi judicial powers.
- Demurrer to evidence shall not apply to election cases.
- First division and special first division are not two distinct bodies and that there
had been consequent transfers of the case between the two.
- The term special merely indicates that the commissioners sitting therein may
only be doing so in a temporary capacity or via substitution.
- First division did not lose its jurisdiction

- Comelec has the power to suspend its rules in the interest of justice
- Commission may suspend reglementary periods or the requirement of certificate
of forum shopping.

DIVISION ——-> MR ————> EN BANC ————-> SC

Review by the Supreme Court

1. Only decisions of Comelec en banc may be brought to SC on certiorari as
special civil action under rule 64 in relation to rule 65 –

General Rule:
-Supreme Court has no power to review decisions of Division.
- EXCEPTIONS:
1. If it will prevent the miscarriage of justice
2. Involves principle of social justice
3. Involves protection of labor
4. Decision sought to set aside is a nullity
5. Extreme urgency

2. Decisions made in the exercise of commissions adjudicatory or quasi judicial

powers.

pg. 20 Lera May B. Caspe

 3. Petition for certiorari
- The SC cannot tabulate the results reflected in the election returns.

- A breach of fundamental right of expression by COMELEC is grave abuse of

discretion. The constitutionality of the notice and letter coming from COMELEC is
within the court’s power to review.
- If purely administrative like choice of appointee - Ordinary courts.

B. CONSTITUTIONAL POWERS AND DUTIES OF COMELEC 1. Enforce and

administer all laws and regulations relative to the conduct of an election, plebiscite,
initiative, referendum or recall

- Where the subject of the action is the enforcement of OEC, the case is within the
EXCLUSIVE JURISDICTION of the Comelec and not of regular courts.

- This power includes the ascertainment of identity of political party and its
legitimate officers
- Questions of party identity and leadership is exercised by the COMELEC as an
incident to its enforcement powers.
- COMELEC has the power to annul the results of plebiscite.
- COMELEC may regulate enjoyment or utilization of all franchises and permits
for the operation of transportation and other public utilities, media of
communication or information to ensure equal opportunity, honest and peaceful
elections.
- Prohibiting publication of election survey results is UNCONSTITUTIONAL
- Prohibiting columnists and radio and TV commentators from commenting on the
issues involved in the plebiscite is unconstitutional.
- Regulatory power may be exercised only over the media but not over the
practitioners of media.
- Resolution limiting the airtime of candidates to air advertisements on television
and radio to an aggregate amount of 120 mins is declared not within the power of
COMELEC.
- No pardon, amnesty, parole or suspension of sentence for violation of election
laws shall be granted without the favorable recommendation of the COMELEC.

Three instances where the POWER TO DECLARE FAILURE OF ELECTIONS

are:

pg. 21 Lera May B. Caspe

1. The election in any polling place had not been held on the date fixed on account
of force majeure, violence, terrorism, fraud or another analogous causes.
2. Election in any polling place had 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.
3. After the voting and during the preparation and transmission of the election
returns or in the custody or canvass thereof, such election results in a failure to
elect on account of force majeure, violence, terrorism, fraud or other analogous
causes.

- For comelec to conduct hearing on a verified petition to declare failure of

elections, it is necessary that the petition must show the two conditions:
- 1. No voting has taken place in the precinct on the date fixed by the law or even if
there was voting, the election nevertheless resulted in a failure to elect
- 2. Votes not cast would affect the results

- COMELEC cannot make an official quick count of presidential election results.

The sole exclusive authority is vested to the congress.
- COMELEC cannot deny in due course or cancel certificate of candidacy in DUE
FORM without proper proceedings.
- Comelec chairman has the power to augment actual deficiencies in the item for
the conduct and supervision of recall votes in its budget.

2. Exclusive original jurisdiction over all contests relating to election, returns and
qualifications of all elective regional, provincial and city officials. Exclusive
appellate jurisdiction over all contests involving elective municipal officials
decided by trial courts of RTC or involving elective barangay officials decided by
MTC Decisions, final orders or rulings of the COMELEC involving elective
municipal and barangay offices shall be final and executory and not appealable.

- Comelec is without power to partially or totally annul a proclamation or suspend

the effects of a proclamation without the notice and hearing
- Comelec has the power to issue writs of Certiorari, mandamus, prohibition in the
exercise of its APPELLATE JURISDICTION.
- Comelec has jurisdiction over appeals from decisions of RTC involving elective
MUNICIPAL OFFICIALS (Must be filed within 5 days from receipt of copy. MR
IS PROHIBITED PLEADING)

pg. 22 Lera May B. Caspe

- MTC involving barangay officials - COMELEC ALSO HAS JURISDICTION -
Timely perfection of appeal in election case requires 2 different appeal fees. 1.
Trial court fees 2. COMELEC fees
- GR: The right of party to seek execution pending appeal is strictly construed.
- Discretion to allow execution pending appeal belongs to division that rendered
the assailed decision or COMELEC en banc as the case may be.

RTC MAY GRANT MOTION FOR EXECUTION PENDING APPEAL WHEN:

1. Public interest involved or the will of the electorate
2. Shortness of the remaining portion of term
3. Length of time that the election protest has been pending.

- Comelec has statutory power to cite for contempt but only when it is engaged in
exercise of Quasi Judicial powers.
- The fact that the decisions, final orders or ruling of the COMELEC involving
elective municipal and barangay officials are final and executory does not preclude
a recourse to the SC.
- May still file Petition for Certiorari (Rule 64) to SC

3. Decide, save those involving the right to vote all questions affecting elections,
including the determination of the number and location of polling places,
appointment of election officials and inspectors and registration of voters.

- Comelec ultimately determines the change in location of polling places after

notice and hearing.
- Comelec may not appoint military personnel as members of board of election
inspectors.

4. Deputize with the concurrence of the president, law enforcement agencies and
instrumentalities of the government including AFP for the exclusive purpose of
ensuring free, orderly, honest and peaceful elections.
- Comelec may recommend to the president the removal of any officer it has
deputized. - Comelec has authority to conduct administrative inquiry of deputized
officer

5. Register after sufficient publication political parties, organizations or coalitions

which in addition to other requirements must present their platform or program of
government

pg. 23 Lera May B. Caspe

- Financial contributions from foreign governments and their agencies to political
parties, organizations, coalitions or candidates related to the elections constitute
inherence in national affairs.

6. File upon a verified complaint or on its own initiative petitions in court for
inclusion and exclusion of voters POWER TO CONDUCT PRELIMINARY
INVESTIGATION
- Of all offenses punishable under OEC - Comelec has concurrent jurisdiction to
conduct PI with other prosecution arms of gov.
- If Comelec resorted to manual count after automated machines failed, NO
FAILURE OF ELECTIONS. There was compliance with due process
- If failure of elections - Officials will hold over.
- The COMELEC has residual powers to conduct special elections even beyond the
deadline prescribed by the law.
- Date is merely mandatory

III. VOTERS

QUALIFICATIONS AND REGISTRATION QUALIFICATIONS FOR

SUFFRAGE:
1. Citizen of PH not disqualified
2. At least 18
3. Resided in PH for at least 1 year
4. Resided in the place where they propose to vote for at least 6 months
immediately preceding the election
- Transfer of residence solely by reason of occupation, profession or employment
does not result in loss of original residence

DISQUALIFICATIONS:
1. Any person sentenced by final judgment to suffer imprisonment of not less than
1 year
- RIGHT IS REACQUIRED UPON EXPIRATION OF 5 YEARS AFTER
SERVICE OF SENTENCE
2. Any person adjudged by Final judgment of having committed any crime
involving disloyalty to the government or any crime against national security -
RIGHT IS REACQUIRED UPON EXPIRATION OF 5 YEARS AFTER
SERVICE OF SENTENCE

pg. 24 Lera May B. Caspe

3. Insane or incompetent persons as declared by court. REGISTRATION -
Registration does not confer the right to vote but it is a condition precedent for the
exercise of the right.
- It is a mere regulation not a qualification
- Registration shall be conducted DAILY in the office of election officer.
- No registration shall be conducted when:
1. 120 days before a regular election
2. 90 Days before a special election

-Registration of illiterate or disabled voters is done with the assistance of a relative

within 4th civil degree of consanguinity or affinity or election officer or any
member of accredited citizens’ arm
- Failure to vote in two successive preceding REGULAR ELECTIONS shall be a
ground for deactivation of registration.

JURISDICTION OF INCLUSION AND EXCLUSION CASES:

- MTC - All cases of inclusion and exclusion of voters in their respective
municipalities and cities.
- Shall be appealed to RTC within 5 days from receipt of notice

PETITION FOR INCLUSION

- Any person whose application for registration has been disapproved may file with
the court a petition to include his name at any time EXCEPT:
1. 105 days before regular elections
2. 75 days before special elections

PETITION FOR EXCLUSION:

- Any registered voter, representative of a political party or election officer may
file with the court at any time except 100 DAYS before regular or 65 days before
special ANNULMENT OF BOOK OF VOTERS
- Verified petition of any voter, election officer or duly registered political party.
- Not constitute a ground for pre proclamation contest

IV. CERTIFICATES OF CANDIDACY

- Qualifications are continuing requirements

pg. 25 Lera May B. Caspe

- LGC does not specify any particular date when the candidate must possess
Filipino Citizenship. Phil cit is required to ensure that no alien shall govern our
people.

- Official begins to govern only upon the proclamation and on the day his term
begins.

- Repatriation retroacts to the date of filing of application

- A person can have only one domicile at a time

- Change of residence requires an actual and deliberate abandonment because one

cannot have two legal residences at the same time.

DISQUALIFICATIONS:

1. UNDER Omnibus Election Code

A. Declared incompetent or insane
B. Sentenced by final judgment for Subversion, insurrection, rebellion or any
offense for which he has been sentenced to a penalty of more than 18 months
imprisonment

- Absolute pardon extended to ERAP restored his civil and political rights upon
acceptance of the same.
- The phrase “is hereby restored his civil and political rights” substantially
complies with the requirement of express restoration
- The clause in the pardon “Whereas, ERAP has publicly committed to no longer
seek any elective position and office” neither makes it conditional nor militate
against the conclusion that ERAP’s right to seek elective office is restored.
- BP 22 is moral turpitude
- Violation of anti fencing - MT

2. UNDER Local Government Code:

A. Sentenced by final judgment for any offense punishable by one year or more of
imprisonment and within 2 years after serving of sentence
- Probation is not a sentence but a suspension of the imposition of sentence. Grant
suspends the imposition of principal penalty as well as the accessory penalties.
- During the period of probation, The person is not disqualified from running

pg. 26 Lera May B. Caspe

- Final discharge of the probationer shall operate to restore him all rights
suspended

B. Removed from an office as a result of administrative case

- Not retroactive. Jan 1, 1992 onwards only

C. Convicted by final judgment for violating the oath of allegiance of RP

D. Dual Citizenship
- Foreign citizenship must be formally rejected through an affidavit duly sworn
before an officer
- If the candidacy is void from the beginning, The person who obtained the 2nd
highest votes shall be proclaimed.

E. Fugitives from justice in criminal and non political cases

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 LGC

ADDITIONAL GROUNDS:
1. One who has given money or other material consideration to influence, induce
or corrupt the voters
2. Overspending as allowed by the code - Advertising contract was considered as
evidence (EJERCITO CASE)
3. One who committed acts of terrorism to enhance candidacy
4. One who has solicited, received or made contributions prohibited under Sec 89:
- Acts of Governor of giving trophies to various schools did not constitute
premature campaigning because he was just performing his duty as governor

pg. 27 Lera May B. Caspe

DETAINEE VOTING is the process by which a registered detainee voter, whose
registration record is not transferred, deactivated, cancelled or deleted, may still
exercise his right to vote.

COMELEC Resolution 9371, dated 06 March 2012, has defined a detainee to be

any person who is:

1. confined in jail, formally charged for any crime/s and awaiting/undergoing

trial; or

2. serving a sentence of imprisonment for less than one (1) year; or

3. whose conviction of a crime involving disloyalty to the duly constituted

government such as rebellion, sedition, violation of the firearms laws or any
crime against national security or for any other crime is on appeal.

The Commission on Elections announced that Detainee Voters are allowed to vote

for “national positions” only. This is in compliance with the Temporary
Restraining Order (TRO) issued by the Supreme Court last 19 April 2016, and with
the latest amended COMELEC Resolution Nos. 10112 & 10113, promulgated last
3 May 2016.

In the nine-paged TRO issued in the case of Aguinaldo v. New Bilibid Prison
(Bureau of Corrections) et. al., G.R. No. 221201, the Court prevented the
Commission from enforcing several provisions of COMELEC Resolution No.
9371, which regulates detainee voting. In gist, it orders the poll body to limit

pg. 28 Lera May B. Caspe

elections for detainees to the positions of president, vice president, senators, and
parties and organizations under the party-list system only.

Resolution No. 9371, promulgated on March 6, 2012, states that:

SECTION 1. Who are Entitled to Avail of Detainee Voting - Detainee voting

(either through the special polling place inside jails or escorted voting) may be
availed of by any registered detainee whose registration record is not transferred /
deactivated / cancelled / deleted.

SECTION 2. Definition of Terms - As used in this Resolution, the following terms
shall mean:
(a) Detainee Refers to any person: (1) confined in jail, formally charged for any
crime/s and awaiting/undergoing trial; or (2) serving a sentence of
imprisonment for less than one (1) year; or (3) whose conviction of a crime
involving disloyalty to the duly constituted government such as rebellion,
sedition, violation of the firearms laws or any crime against national security
or for any other crime is on appeal;
(b) Election Day Computerized Voters List for Detainees (EDCVL-DV) Final
list of registered detainee voters who are voting through the special polling
places established inside jails (containing the voters photographs, signatures,
and thumb prints) used on the day of the elections wherein the voters must
imprint their thumbmarks and affix their signatures after casting their votes
duly certified by the SBEI;
(c) Escorted Voting Voting mechanism for detainee voters who are residents/
registered voters of municipalities/cities other than the town/city of
incarceration; and/or for detainee voters in jail facilities where no special
polling places are established;

pg. 29 Lera May B. Caspe

 (d) Posted Computerized Voters List for Detainees (PCVL-DV) Final list of
detainee voters (containing the voters names, addresses and precinct
numbers) posted in each special polling place duly certified by the SBEI;
(e) Regular Polling Places - Refers to the place where the Board of Election
Inspectors conducts its proceeding and where the voters cast their votes;
(f) Special Polling Place Inside Jail Refers to the polling places established in
jails where said detainee voters cast their votes.

SECTION 3. Reckoning Period of Age and Residence Detainees who shall be

eighteen years of age on the day of election and/or are committed inside the
detention centers for at least six (6) months immediately preceding the election day
may be registered as a voter.
Detainees who are already registered voters may apply for transfer of registration
records as warranted by the circumstances.

Rule 6 of said resolution further provides the process of detainee voting:

SECTION 1. Date and Time of Detainee Voting Voting for all qualified detainee
voters shall take place on the same date as the national and local elections is
conducted.

For jails provided with special polling places, the casting of the ballots must be
finished at 3:00 P.M. to have sufficient time to bring the accomplished ballots to
detainees respective precincts before the close of voting hours on election day. In
case all the expected detainee voters have voted before 3:00 P.M., the Special
Board of Election Inspector (SBEI) shall close the voting in the special polling
places and dispose all election paraphernalia in accordance with Section 10 of Rule
6.

SECTION 2. Preliminaries to the Voting.

a. Regular Polling Places with Detainee Voters: Before the voting in the
regular polling places, the Chairman of the BEI using the Detainee Voters
List as reference shall annotate the detainee voters names in the EDCVL
with Detainee Voter and shall affix his initial beside the annotation. The
number of detainee voters and the fact that their names were annotated
with Detainee Voter shall be entered into the Minutes of Voting.

pg. 30 Lera May B. Caspe

 Upon the arrival of the SBEI Support Staff, the Chairman of the BEI shall
count and segregate the ballots allocated for detainee voters in the presence
of the former and thereafter insert the same in a folder. The BEI shall place
the folder inside an envelope carried by the Support Staff and close the
envelope. The BEI shall then seal the envelope using the paper seal (also
brought by the Support Staff of the SBEI). The BEI shall affix their initials
on the paper seal and turn it over to the SBEI support staff.
.
The BEI shall then enter into the Minutes of Voting the name of the SBEI
Support Staff, the number of ballots received, the serial number of the paper
seal of the envelope and the time the latter picked up the ballots. The BEI
shall require the SBEI Support Staff to sign the entry.

Thereafter, the support staff escorted by uniformed PNP/BJMP personnel

shall immediately deliver the ballots to the special poling place.

b. Special Polling Places in Jail: The SBEI and all the support staff of the SBEI
who shall meet at the special polling place in jail at seven oclock in the
morning of election day shall submit themselves to all the security measures
enforced in jails.

The SBEI shall give to the support staff the envelopes (with one (1) paper
seal) for each clustered precinct with detainee voter/s in the voting center
where the latter is assigned. Upon receipt of the envelopes, the Support Staff
shall leave the jail escorted by armed PNP and/or BJMP personnel for the
voting center.

The SBEI shall ensure that the special polling place in jail is ready for the
voting.

i. The SBEI shall ensure that a table shall be provided on which the
envelopes (per precinct) are placed and in which detainee voters insert
their filled-up ballots; and

ii. The SBEI shall post the PCVL-DV near or at the door of the polling
place.

pg. 31 Lera May B. Caspe

Upon the arrival of the support staffs, the chairman of the SBEI (in the special
polling places in jail), in the presence of the other members, shall open the same
and count the number of ballots. The time of arrival, name of voting center/s, the
number of ballots and serial number of the paper seal of the envelope received
shall be entered into the Minutes of Voting.

SECTION 4. Manner of Voting. - Voting shall be conducted in the following

manner:

a. The detainee voter shall accomplish the ballot, using the ballot secrecy
folder, in accordance with the General Instructions for Voting;

b. After accomplishing his ballot, the voter shall then approach the table where
the envelope for his precinct is placed and insert the same into the said
envelope;

c. The SBEI shall apply indelible ink at the base and extending to the cuticle of
the right forefinger nail of the detainee voter, or any other nail if there be no
forefinger nail;

d. The voter shall affix his thumb mark on the corresponding space in the
EDCVL-DV; and

e. The voter shall then leave the special polling place.

RULE 7 further provides details for highly guarded detainee voter in casting his
votes, the details of which was reiterated as such:

SECTION 1. Escorted Detainee Voters - The following shall avail of the

escorted voting:

a. Detainee voters who are residents/ registered voters of municipalities/cities

other than the town/city of detention; and

b. Detainee voters in detention centers/ jails where no special polling places are
established.

pg. 32 Lera May B. Caspe

Provided: that said detainee voters obtained court orders allowing them to vote in
the poling place where they are registered.

Provided further: that it is logistically feasible on the part of the jail/prison

administration to escort the detainee voter to the polling place where he is
registered.

Provided, finally: that reasonable measures shall be undertaken by the jail/prison

administration to secure the safety of detainee voters, prevent their escape and
ensure public safety.

SECTION 2. Express Lane for Escorted Detainee Voters Detainee voters

voting in their respective polling places shall be given priority to vote. When they
reach their polling places, the escort together with the voter shall inform the
Support Staff/ the BEI that the detainee is voting as such and the BEI shall place
the detainee voters in the priority/express lane.

Consequently, the Omnibus Election Code - Article XII states that:

Sec. 117. Qualifications of a voter. - Every citizen of the Philippines, not
otherwise disqualified by law, eighteen years of age or over, who shall have
resided in the Philippines for one year and in the city or municipality wherein he
proposes to vote for at least six months immediately preceding the election, may be
registered as a voter.

Any person who transfers residence to another city, municipality or country solely
by reason of his occupation; profession; employment in private or public service;
educational activities; work in military or naval reservations; service in the army,
navy or air force; the constabulary or national police force; or confinement or
detention in government institutions in accordance with law, shall be deemed not
to have lost his original residence.

Sec. 118. Disqualifications. - The following shall be disqualified from voting:

(a) Any person who has been sentenced by final judgment to suffer
imprisonment for not less than one year, such disability not having been
removed by plenary pardon or granted amnesty: Provided, however, That
any person disqualified to vote under this paragraph shall automatically

pg. 33 Lera May B. Caspe

 reacquire the right to vote upon expiration of five years after service of
sentence. (Italics provided for emphasis)
(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 five years after service of sentence. (Italics provided for
emphasis)
(c) Insane or incompetent persons as declared by competent authority.

Republic Act 8189 further modified and strengthened the voting qualifications as
stated in:

Sec. 9. Who may Register. – All citizens of the Philippines not otherwise
disqualified by law who are at least eighteen (18) years of age, and who shall have
resided in the Philippines for at least one (1) year, and in the place wherein they
propose to vote, for at least six (6) months immediately preceding the election,
may register as a voter.Any person who temporarily resides in another city,
municipality or country solely by reason of his occupation, profession,
employment in private or public service, educational activities, work in the military
or naval reservations within the Philippines, service in the Armed Forces of the
Philippines, the National Police Forces, or confinement or detention in government
institutions in accordance with law, shall not be deemed to have lost his original
residence.

Any person, who, on the day of registration may not have reached the required age
or period of residence but, who, on the day of the election shall possess such
qualifications, may register as a voter.

Sec. 11. Disqualification. – The following shall be disqualified from registering:

(a) (a) Any person who has been sentenced by final judgment to suffer
imprisonment of not less than one (1) year, such disability not having been
removed by plenary pardon or amnesty: Provided, however, That any
person disqualified to vote under this paragraph shall automatically
reacquire the right to vote upon expiration of five (5) years after service of
sentence; (Italics provided for emphasis)

pg. 34 Lera May B. Caspe

 (d) (b) Any person who has been adjudged by final judgment by a competent
court or tribunal of having committed any crime involving disloyalty to the
duly constituted government such as rebellion, sedition, violation of the
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 automatically reacquire the right to vote upon expiration of five (5)
years after service of sentence; and (Italics provided for emphasis)

(c) Insane or incompetent persons declared as such by competent authority unless

subsequently declared by proper authority that such person is no longer insane or
incompetent.

a. 1. Those sentenced by final judgement for an offense involving

b. moral turpitude or for an offense punishable by one (1) year
c. 1. Those sentenced by final judgement for an offense involving
d. moral turpitude or for an offense punishable by one (1) year
Pelobello v. Palatino reiterated that Absolute pardon has the effect of removing the
disqualification from voting and being elected incident to criminal conviction
under Section 167 in relation of Sec 94(a) of the Omnibus Election Code.

Conclusion

We have summed up that the correctional facilities in the Philippines have set
certain guidelines that must be followed not only for the purpose of structuring a
governmental facility but also to protect the rights of persons deprived of liberty as
was formerly known as the prison inmates. As Philippine law states that detainees,
since they have not been convicted and awaiting trial or had been sentenced of less
than a year in prison, can vote in a specially designated polling place inside jails or
escorted to vote elsewhere if the registration record is not transferred, deactivated,
canceled or deleted.

Therefore persons deprived of liberty have the right to cast votes provided they
adhere to the above enumerated provisions of the resolutions, with strict
compliance to the qualifications, registrations, rules and regulations as
promulgated by the Commission on Elections (COMELEC) in consonance to the
legislative mandate with regards to limitations to said freedom to exercise their

pg. 35 Lera May B. Caspe

voting right or right of suffrage as provided by Article V of the Constitution.
Provided further that their limited voting powers are for positions of president, vice
president, senators, and parties and organizations under the party-list system only.

In sum, the deprivation of liberty did not in whole strips all the rights of an
individual especially as important as his right of suffrage to make a difference. One
single vote matter and could make a difference in the system of governance
wherein he/she is still a part of. Indeed, it is within us the power to uphold the laws
and make our votes matter, for within inside all of us is the power to make a
change for the betterment of our society, for our future generation.

Reference:

The 1987 Constitution of the Philippines 2016 edition, compiled and edited by
Ernesto Salao

https://www.comelec.gov.ph/?r=2016NLE/DetaineeVoting

https://www.comelec.gov.ph/?r=2016NLE/PressRelease/PRDetainee05042016

https://www.comelec.gov.ph/?
r=References/RelatedLaws/OmnibusElectionCode/OECArt12

https://www.studocu.com/ph/document/pontifical-and-royal-university-of-santo-
tomas-the-catholic-university-of-the-philippines/administrative-law-public-
officers-election-laws/lecture-notes/kupdf-election-law-reviewer-
philippines/8230747/view

pg. 36 Lera May B. Caspe

https://www.comelec.gov.ph/?r=2016NLE/DetaineeVoting/res9371

https://www.officialgazette.gov.ph/2016/05/23/revised-irr-of-republic-act-no-
10575/

Political Law, Nachura, Political Law Book Reviewer, Edward Arriba.

pg. 37 Lera May B. Caspe