Overseas Absentee Voting Act of 2003 (RA 8189) ELECTION PERIOD – 90 Days before election and 30

- President, Vice-President, Senators, and Party days thereafter

list only CAMPAIGN PERIOD – Maximum of 90 days before
- Coverage: Citizens abroad, not disqualified, 18 election
years old
- Disqualified: SC Power to review COMELEC’s Decision.
o lost Filipino citizenship; Grounds:
o Expressly Renounced o Grave abuse
o Convicted in a final judgment of o Absolutely no evidence/Not substantial
Imprisonment of not less than 1 year o Questions of law
o Disloyalty
o Permanent Resident abroad. Execution pending appeal. Only allowed when:
 Unless: Affidavit: Resume actual o Good reason
physical residence in PH not later o Urgency outweighs the injury or damage of
than 3 years. the losing party should the latter secure a
o Insane or Incompetent reversal of the judgement appealed.
-Not automatic, must be approved. o Upon Motion

COMELEC VOTES Required

Composition Quorum (Division) = 2 members
- 1 Chairman Decision (Division) = Unanimous (3Commissioners)
- 6 Commissioners o In case the votes required is not obtained:
o Qualifications:  Appealed to En banc(Majority)
 Natural Born
 35 years old REQUIREMENTS BEFORE ELECTION
 College Degree
 not a candidate (Prior) Election Registration Board (ERB)
 Majority, must be a member of - Act on all applications for registration
the Bar. (Including the Chairman) - Composition
- 7 years, Without reappointment o Election Officer (EO) Chairman
Disabilities o Public School official – Most senior in rank
- Hold any other office o Local Civil Registrar
- Practice profession
- Active management/Control of any business Notice and Hearing (application)
which affects function. - Notice be posted in the city or municipality at
- Financially interested in any Contract with Govt’ least 1 week before hearing

POWER OF CONTEMPT Challenges to right to register

-COMELEC has the power to punish for contempt. - Any voter, candidate or representative
in the exercise of Quasi-Judicial - In writing, stating the ground
-Not Available in the exercise of ADMINISTRATIVE - Under oath
functions o Must be filed not later than 2nd Monday of
the month in which the same is scheduled
Hearing of Election cases including Pre- to be heard or processed by the ERB.
proclamation controversies. o Hearing = 3rd Monday
-Except: members of congress.
Upon approval = EO shall assign a Voter’s ID
number and issue ID card Cancellation of CoC by the COMELEC
Disapproval – Issue certificate of disapproval (Nuisance Candidate, Section 69, BP 881)
- Moto propio or upon verified petition
DEACTIVATION OF REGISTRATION Grounds:
- Imprisonment: not less than 1 year 1. To put an election process in Mockery or
- Disloyalty Disrepute;
- Insane or Incompetent 2. To cause Confusion among voters by similarity of
- Did not vote 2x (successive regular election) names; or
- Ordered excluded by the Court 3. Other circumstances that would demonstrate
- Lost Filipino Citizenship that he has No bona fide Intention to run. Thus,
prevent the faithful determination of the true will
REACTIVATION of the electorate.
- Voter who was deactivated may file with EO the
sworn application for reactivation Quo Warranto (Section 253, BP 881)
- Stating that the grounds for deactivation no Who may file: Any Voter
longer exist. Grounds:
o May not file. 120 days before regular 1. Ineligibility; or
election (90 special) 2. Disloyalty
When to File: 10 Days After Proclamation
SEALING- 15 days before the start of the Where to File:
CAMPAIGN PERIOD. a. COMELEC
- Representative of all political parties and For National/Provincial/Regional/City officer
members of the Board of Election Inspectors b. Regional Trial Court (RTC)
(BEI) – To inspect and verify the completeness For Municipal officers
of the Voter’s registration records. c. MTC
o After Verification and certification, the For Barangay Officers
board shall seal the book of voters in the
presence of the Board Inspectors. DISQUALIFICATION
-BEI shall take custody of the
same until distribution to the Under the LOCAL GOVERNMENT CODE
board on the day of election. Section 40. (Local Elective Officials only)
-EO must deliver the sealed book 1. Moral Turpitude and Imprisonment(1yr) and
to Chairman of the BEI within 2years after service of sentence;
2. Fugitive from Justice
3. Removed by an Administrative case;
CERTIFICATE OF CANDIDACY 4. Convicted for violating oath of allegiance;
5. Dual citizens;
6. Permanent residents; and
Petition to deny due course or Cancel a COC 7. Insane or Feeble-minded.
(Section 78, BP 881)
Who: Any person Under the Omnibus Election Code (BP 881)
Ground: Material misrepresentation Section 12:
When: 25 days after filing of COC 1. Insane or Incompetent;
Must be decided: Not later than 15 days before 2. Subversion, insurrection, or rebellion;
election. 3. Moral turpitude;
4. any offense (18 Months)
Section 68: (Applies to all elective) g. Officials/Employees of Civil Service, Members of
1. Given money or material Consideration to AFP; and
influence. h. Foreigners and foreign Corporations.
2. Acts of terrorism to enhance his candidacy.
3. Overspending. Section 96
4. Prohibited Contributions/Donations etc. Soliciting or receiving contributions from Foreign
See prohibition below. Sources
5. Permanent Resident of a foreign Country or an
Immigrant. Unless waived(Express under oath) Section 97
Prohibited raising of funds.
Note: Ang kapareho lang ng Section 40 of LGC at
Section 68 of Omnibus election code ay:
1. Permanent Resident or an Immigrant

Prohibited Contributions/Donations/Raising of
funds (SUPRA)
Section 89:
When prohibited:
1. 5 hours before or after PUBLIC MEETINGS;
2. Day before Election; and
3. Day of the Election
WHAT:
For any candidate, political party, organization or
ANY PERSON to give or accept. FREE (Directly or
Indirectly):
a. Transportation;
b. Food or drinks; or
c. Things of value

Prohibited Contributions (Section 95)

a. Public/Private Financial Institution.
-Except, loans made in accordance with
laws as and regulations (Ordinary course)
b. From Persons(N/J) operating a public
utility/Exploiting any natural resources.
c. Persons(N/J) who holds contracts or sub-
contracts to supply the gov’t with goods or services
or to perform constructions.
d. Persons(N/J) who has been granted franchise,
incentives, exemptions, allocations, or similar
privileges.
e. Persons(N/J) who within 1year prior to the
election, have been granted loans or other
accommodation in excess of P100,000 by the
Gov’t/subdivisions
f. Educational Institutions which have received
grants of public funds not less than P100,000