ELECTION LAW REVIEWER 5.

The COMELEC en banc has the power to

prosecute election cases, and in the exercise of
such prosecutor power, it conducts preliminary
ELECTION PERIOD: investigation, decides whether or not there
exists a probable cause and files the
Unless otherwise fixed by the Commission in special corresponding information in court.
cases, the election period shall commence ninety days
before the day of election and shall end thirty days Powers and Functions:
thereafter (Sec. 9, Art. IX-C, 1987 Constitution)
1. Enforcement and Administration of Election
CAMPAIGN PERIOD: shall not include the day before Laws and Regulations
and the day of the election (Sec. 3, BP 881)
2. Power to ensure free, honest, orderly credible
-Presidential and Vice Presidential Election – 90 days and peaceful elections

-Election of Members of Congress and Local Election – 3. Rule-making power

45 days
4. Quasi-legislative functions
-Barangay Election – 15 days
5. Quasi-judicial power
-Special Election [under Art. VIII, Sec. 5, Subsection (2)
6. Contempt and subpoena
of Constitution] – 45 days
7. Auxiliary writs and processes

8. Specific powers
THE COMMISSION ON ELECTIONS
a. Power to declare failure of elections
Jurisdiction
 Two conditions must concur
General Rule: The COMELEC sitting en banc does not
before the COMELEC can act on
have the requisite authority to hear and decide election
a petition seeking to declare a
cases in the first instance. This power pertains to the
failure of elections:
divisions of the Commission. Any decision by the
Commission en banc as regards election cases decided i. No voting took place in
by it in the first instance is null and void. (Abad v. the precinct/s on the
COMELEC) date fixed by law, or
even if there was
Exceptions:
voting, the election
1. When what is involved in the case is purely resulted in failure to
administrative and not quasi-judicial in nature elect

2. When the required number of votes to reach a ii. The votes not cast
decision, resolution, order, or ruling is not would have affected
obtained in the division the result of the
elections
3. Where the petitioner invoked the jurisdiction of
the COMELEC en banc, participated in its b. Power to call for special elections
proceedings and sought relief therefrom in
 In fixing the date for special
which instance he is estopped to subsequently
elections, the COMELEC should
question the jurisdiction of the COMELEC en
see to it that:
banc
i. It should not be later
4. Petitions for the postponement, declaration of
than 30 days after the
failure of election and the calling of special
cessation of the cause
elections
 of the postponement or prescribed by law for certain pre-election acts, the
suspension of the Commission shall fix other periods and dates in order to
election or failure to ensure the accomplishment of the activities so voters
elect shall not be deprived of their suffrage. (Sec. 28, RA
8436; Sec. 29, RA 6646, adopted pursuant to Sec. 9, Art.
ii. It should be reasonably
IX-C of 1987 Constitution)
close to the date of the
election not held, *This standby power, however, does not apply to fixing
suspended, or which the date of registration of votes because Sec. 8 of RA
resulted in the failure 8189, which provides for a continuing registration of
to elect voters, specifically states that: “No registration shall,
however, be conducted during the period starting 120
c. Power to postpone elections
days before a regular election and 90 days before a
d. Power to correct manifest errors in special election.”
election documents
Powers NOT granted to the COMELEC:
 With the introduction of the
1. Power to decide questions involving the right to
PCOS System pursuant to RA
vote
9369, every copy should be as
good and as clear as the first 2. Power to include and exclude voters
one. Hence the problem of
 Currently, jurisdiction to decide
manifest errors might be a
controversies on inclusion or exclusion
thing in the past.
of voters belongs to the Municipal Trial
e. Power to reorder canvass of votes Court

f. Power to annul or suspend

proclamation of elected candidates
VOTERS AND VOTER REGISTRATION
g. Power to annul an illegal canvass
Illiterate or Disabled Voters – may register with the
h. Power to transfer polling places assistance of the Election Officer or any member of an
accredited citizen’s arms. Application for registration
i. Power to transfer venue of canvassing
may be prepared by any relative within the fourth civil
of votes
degree of consanguinity or affinity or by the Election
j. Power to order opening of ballot boxes Officer or any member of an accredited citizen’s arms
using the data supplied by the applicant. (Sec. 14, RA
k. Power to conduct initiative and 8189)
plebiscite
*An illiterate or disabled person refers to one who
9. Other specific powers cannot by himself prepare an application for
a. Deputization of peace officers registration because of his physical disability and/or
inability to read and write. (Sec. 3, RA 8189)
b. Investigatory and prosecutorial power
*No voter shall be allowed to vote as illiterate or person
c. Deputization of or endorsement to with disability unless such fact is indicated in the EDCL
prosecutors or the Voter’s Registration Record (Sec. 30, COMELEC
10. Power of exclusive control and supervision over Instructions to the BEI, Dec. 29, 2009)
the Automated Election System (Sec. 26, RA
8436)

Standby power of COMELEC: If it shall no longer be

reasonably possible to observe the periods and dates
Election Registration Board – there shall be in each city 3. Able to read and write
and municipality as many Election Registration Boards
4. Registered voter in the district in which he shall
as there are election officers therein. No member of the
be elected
Board shall be related to each other or to any
incumbent city or municipal elective official within the 5. Resident of the same district for a period of not
fourth civil degree of consanguinity or affinity. (Sec. 15, less than 1 year immediately preceding the day
RA 8189) of election
Composition of the Election Registration Board Sectoral Representatives:
a. Election Officer – Chairman 1. Natural-born citizen
b. Members: 2. At least 25 years old on the day of election
a. Public school official most senior in rank 3. Able to read and write
b. Local civil registrar 4. Resident for a period not less than one year
immediately preceding the day of the election
i. In the absence of the local civil
registrar, the city or municipal 5. Bona fide member of the sector he seeks to
treasurer represent

Governor, Vice-governor, Mayor, Vice-mayor, Punong

barangay, Sanggunian members:
CANDIDATES
1. Citizen of the Philippines
Qualifications
2. Registered voter in the barangay, municipality,
President and Vice President:
city, or province, or in the case of the member
1. Natural-born citizen of the sangguniang panlalawigan, panlungsod,
or bayan, the district where he intends to be
2. Registered voter
elected
3. Able to read and write
3. Resident therein for at least 1 year immediately
4. At least 40 years old on the day of the election preceding the election

5. Resident of the Philippines for at least 10 years 4. Able to read and write Filipino or any other
immediately preceding the day of the election local language or dialect

Senators: 5. On election day, age must at least be:

1. Natural-born citizen a. 23 years old – governor, vice governor,

member of the sangguniang
2. At least 35 years old on the day of the election panlalawigan, mayor, vice mayor, or
3. Able to read and write member of the sangguniang
panlungsod
4. Registered voter
b. 21 years old – mayor or vice mayor of
5. Resident of the Philippines for not less than 2 ICC, CC, or municipalities
years immediately preceding the day of the
election c. 18 years old – member of the
sangguniang panlungsod or
District Representatives: sangguniang bayan, or punong
1. Natural-born citizen barangay, or member of the
sangguniang barangay
2. At least 25 years old on the day of the election
*Qualifications prescribed by law are continuing Additional Grounds for Disqualification (Sec. 68, BP
requirements and must be possessed for the duration 881)
of the officer’s active tenure. Once any of the required
1. One who has violated provisions on:
qualification is lost, his title to the office may be
seasonably challenged a. Campaign period
*The law does not specify any particular date or time b. Removal, destruction of lawful election
when the candidate must possess citizenship unlike that propaganda
for residence and age. It must be possessed upon
proclamation or on the day that the term begins. c. Prohibited forms of propaganda

Disqualifications d. Regulation of propaganda through mass

media
Under the Omnibus Election Code
2. One who has given money or other material
1. Declared as incompetent or insane by consideration to influence voters
competent authority
3. One who committed acts of terrorism
2. Convicted by final judgment for subversion,
insurrection, rebellion or any offense for which 4. One who spent election campaign in excess
he has been sentenced to a penalty of 18 allowed by law
months imprisonment Automatic Resignation
3. Convicted by final judgment for a crime Officials holding appointive offices, including active
involving moral turpitude members of AFP and officers of government-owned or
4. Any person who is a permanent resident or controlled corporations shall be considered ipso facto
immigrant to a foreign country resigned. (Sec. 66, BP 881)

Under the Local Government Code (Sec. 40) – Nuisance Candidates

applicable for local elective officials COMELEC may motu propio or upon petition of an
1. Those sentenced by final judgment for an interested party, refuse to give due course to or cancel
offense involving moral turpitude for an offense a certificate of candidacy if shown that said certificate
punishable by one year or more of was filed:
imprisonment, within two years after serving a. To put the election process in mockery or
sentence disrepute
2. Those removed from office as a result of an b. To cause confusion among voters by similarity
administrative case of names of registered candidates
3. Those convicted by final judgment for violation c. By other circumstances or acts which
the oath of allegiance to the Republic demonstrate that a candidate has no bona fide
4. Those with dual citizenship intention to run for the office for which his
certificate of candidacy has been filed and thus
5. Fugitives from justice in criminal or non-political prevent a faithful determination of the true will
cases here or abroad of the electorate
6. 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 this Code

7. The insane or feeble-minded

Petition to deny due course or to cancel certificate of Prohibition against premature campaigning
candidacy
Partisan political parties are prohibited outside the
 The COMELEC, upon proper petition, may campaign period (Sec. 80, OEC). However the following
cancel a certificate of candidacy on the ground political activities are permitted outside the campaign
that any material misrepresentation contained period:
therein as required under Sec. 74 of the OEC is
1. Those performed for the purpose of enhancing
false (Sec. 78, OEC) provided that:
the chances of aspirants for nomination for
a. The false representation pertains to candidacy to a public office by a political party,
material matter affecting substantive aggroupment, or coalition of parties
rights of a candidate
2. Public expressions or opinions or discussions of
b. The false representation must consist of probably issues in forthcoming election or on
deliberate attempt to mislead, attributes of or criticisms against probable
misinform, or hide a fact which would candidates purposed to be nominated in a
otherwise render a candidate ineligible forthcoming political party convention

 The petition may be filed not later than 25 days Fair Elections Act
from the time of filing of the certificate of
Lawful Election Propaganda
candidacy and shall be decided after due notice
and hearing not later than 15 days before the 1. Written/printed materials (does not exceed 8 ½
election (Sec. 78, BP 881) in. width by 14in length)
 Jurisdiction over a petition to cancel a 2. Handwritten/printed letters
certificate of candidacy lies with the COMELEC
in division, not with the COMELEC en banc 3. Posters (not exceeding 2x3ft) however, 3x8ft
streamers are allowed in announcing a public
Effect of Disqualification case meeting or rally at the site and on the occasion
of a public meeting or rally may be displayed 5
Any candidate who has been declared by final judgment
days before the date of rally but shall be
to be disqualified shall not be voted for, and the votes
removed within 24 hours after said rally
cast for him shall not be counted. If for any reason a
candidate is not declared by final judgment before an 4. Print ads
election to be disqualified and he is voted for and
received the winning number of votes in such election, 5. ¼ page in broadsheets and ½ page in tabloids
the Court or Commission shall continue with the trial thrice a week per newspaper, magazine, or
and hearing of the action, inquiry, or protest, and upon other publication during the campaign period
motion of the complainant or any intervenor, may 6. Broadcast media (TV/radio)
during the pendency thereof order the suspension of
the proclamation of such candidate whenever the a. National positions: 120mins for TV and
evidence of his guilt is strong. (Sec. 5 RA 6646) 180mins for radio

b. Local positions: 60mins for TV and

90mins for radio
CAMPAIGN, ELECTION PROPAGANDA,
CONTRIBUTIONS AND EXPENDITURES

Election Campaign or Partisan Political Activity

Refers to an act designed to promote the election or

defeat of a particular candidate/s to a public office (Sec.
79, OEC)
Prohibited forms of Election Propaganda (Sec. 85, OEC)  It is a direct and total suppression of a category
of expression even though such suppression is
1. To print, publish, or post or distribute any
only for a limited period
poster, pamphlet, circular, handbill, or printed
matter urging voters to vote for or against any  The governmental interest sought to be
candidate unless they bear the names and promoted can be achieved by means other than
addresses of the printer and payor as required the suppression of freedom of expression (SWS
in Sec. 84 hereof. v. COMELEC)
2. To erect, put up, make use of, attach, float or COMELEC Space
display any billboard, tinplate-poster, balloons
and the like, of whatever size, shape, form or The COMELEC shall procure the print space upon
kind, advertising for or against any candidate or payment of just compensation from at least 3 national
political party newspapers of general circulation wherein candidates
for national office can announce their candidacies. Such
3. To purchase, manufacture, request, distribute space shall be allocated free of charge equally and
or accept electoral propaganda gadgets such as impartially among all the candidates for national office
pens, lighters, fans of whatever nature, on 3 different calendar days; the first day within the
flashlights, athletic goods or materials, wallets, first week of the campaign period; the second day
shirts, hats, bandanas, matches, cigarettes and within the fifth week of the campaign period; the third
the like, except that campaign supporters day within the tenth week of the campaign period (Sec.
accompanying a candidate shall be allowed to 7.1, RA 9006)
wear hats and/or shirts advertising a candidate
COMELEC Time
4. To show or display publicly any advertisement
or propaganda for or against any candidate by The COMELEC shall also procure free airtime from at
means of cinematography, audio-visual units or least 3 national television networks and 3 national radio
other screen projections except telecasts which networks which shall also be allocated free of charge
may be allowed as hereinafter provided equally and impartially among all candidates for
national office. Such free time shall be allocated on 3
5. For any radio broadcasting or television station different calendar days; the first day within the first
to sell or give free of charge air time for week of the campaign period; the second day within the
campaign and other political purposes except as fifth week of the campaign period; and the third day
authorized in this Code under the rules and within the tenth week of the campaign period. (Sec. 7.2,
regulations promulgated by the Commission RA 9006)
pursuant thereto
Right to Reply
Any prohibited election propaganda gadget or
advertisement shall be stopped, confiscated or torn All registered parties and bona fide candidates shall
down by the representative of the Commission upon have the right to reply to charges published against
specific authority of the Commission. (Section 39, 1978 them. The reply shall be given publicity by the
EC, modified) newspaper, TV/radio station which first printed or aired
the charges with the same prominence or in the same
Election Survey page or section or in the same time slot as the first
statement. (Sec. 10, RA 9006)
The Supreme Court held that Sec. 5.4 of the Fair
Elections Act prohibiting publication of survey results 15
days immediately preceding a national election and 7
days before a local election violates the constitutional
rights of speech, expression, and the press because:

 It imposes a prior restraint on the freedom of

expression
Equal Access to Media Time and Space (Sec. 6, OEC) Prohibited contributions:

 Print advertisements shall not exceed ¼ page in 1. Contribution for purposes of partisan political
broadsheet and ½ page in tabloids thrice a week activity shall be made directly or indirectly by
per newspaper, magazine, or other publications any of the following:
during the campaign period
a. Public or private financial institutions;
 Not more than 120mins of TV ad and 180mins except loan made by financial
of radio ad whether by purchase or donation institutions legally in the business of
lending money and in accordance with
 Not more than 60mins of TV ad and 90mins of laws and regulations and in the ordinary
radio ad whether by purchase or donation course of business
Exit Polls b. Natural and juridical persons operating
Exit polls may only be taken subject to the following a public utility or in possession of or
requirements: exploiting the natural resources of the
nation
1. Pollsters shall not conduct their surveys within
50 meters from the polling place, whether said c. Natural and juridical persons who hold
survey is taken in a home, dwelling place, and contracts or sub-contracts to supply the
other place government or any of its divisions,
subdivisions or instrumentalities, with
2. Pollsters shall wear distinctive clothing goods or services or to perform
3. Pollsters shall inform the voters that they may construction or other works
refuse to answer d. Natural and juridical persons who have
4. The result of the exit polls may be announced been granted franchises, incentives,
after the closing of the polls on election day and exemptions, allocations, or similar
must clearly identify the total number of privileges or concessions by the
respondents, and the places where they were government or any of its divisions,
taken. Said announcement shall state that the subdivisions or instrumentalities,
same is unofficial and does not represent a including GOCCs
trend. e. Natural and juridical persons who,
Exit polls and the dissemination of their results through within one year prior to the date of the
mass media constitutes part of the freedom of speech election, have been granted loans or
and of the press. Hence the COMELEC cannot ban them other accommodations in excess of
totally in the guise of promoting clean, honest, orderly, 100,000php by the government or any
and credible elections. of its divisions, subdivisions,
instrumentalities including GOCCs
Contribution
f. Educational institutions which have
-includes a gift, donation, subscription, loan, advance, received grants of public funds
or deposit of money or anything of value, or a contract, amounting to no less than 100,000php
promise or agreement to contribute, whether or not
legally enforceable, made for the purpose of influencing g. Officials or employees in the Civil
the results of the elections but shall not include services Service or members of the AFP
rendered without compensation by individuals h. Foreigners and foreign corporations
volunteering a portion or all of their time in behalf of a
candidate or political party. It shall also include the use 2. It shall be unlawful for any person to solicit or
of facilities voluntarily donated by other persons, the receive any contribution from any of the
money value of which can be assessed based on the persons or entities enumerated herein (Sec. 95,
rates prevailing in the area. (Sec. 94, OEC) OEC)
 3. It shall be unlawful for any person, including a 2. Political parties: 5php for every voter currently
political party or public or private entity to registered in the constituency/ies where it has
solicit or receive, directly or indirectly, any aid official candidates
or contribution of whatever form or nature
Statement of Contributions and Expenses (Sec. 14, RA
from any foreign national, government or entity
7166)
for the purposes of influencing the results of
the election. (Sec. 96, OEC) Every candidate and treasurer of the political party shall
within 30 days after the day of election file in duplicate
4. It shall be unlawful for any person to hold
with the offices of the Commission the full, true and
dances, lotteries, cockfights, games, boxing
itemized statement of all contributions and
bouts, bingo, beauty contests, entertainments,
expenditures in connection with the election
or cinematographic, theatrical or other
performances for the purpose of raising funds Effect of Failure to File
for an election campaign or for the support of
any candidate from the commencement of the 1. Prohibited from entering upon the duties of his
election period up to and including election day; office
or for any person or organization whether civic 2. Administrative fines
or religious, directly or indirectly, to solicit
and/or accept from any candidate for public
office, or from his campaign manager, agent, or AUTOMATED ELECTIONS ACT (RA 9369)
representative, or any person acting on their
behalf, any gift, food, transportation,  Automated election system (AES) – a system
contribution, or donation in cash or in kind from using appropriate technology which has been
the commencement of the election period up to demonstrated in the voting, counting,
and including election day; except normal and consolidating, canvassing, and transmission of
customary religious stipends, tithes, or election result and other electoral process (Sec.
collections on Sundays and/or other designated 2)
collection days, are excluded from this
 Electronic transmission – conveying data in
prohibition (Sec. 97, OEC)
electronic form from one location to other
Expenditure
 Paper-based election system – a type of
-includes the payment or delivery of money of anything automated election system that use paper
of value, or a contract, promise or agreement to make ballots, records and counts votes, tabulates,
an expenditure, for the purpose of influencing the consolidates/canvasses and transmits
results of the election. It shall also include the use of electronically the results of the vote count
facilities personally owned by the candidate, the money
 Direct recording electronic election system – a
value of the use of which can be assessed based on the
type of AES that uses electronic ballots, records,
rates prevailing in the area. (Sec. 94, BP 881)
votes by means of a ballot display provided with
Limitations on expenses (Sec. 13, Synchronized mechanical or electro-optical component that
Elections and for Electoral Reforms – RA 7166) can be activated by the voter, processes data by
means of a computer programs, record voting
1. Candidates: 10php for Pres. And VP; 3php for
data and ballot images and transmits voting
other candidates for every voter currently
results electronically (Sec. 2)
registered in the constituency where he filed his
certificate of candidacy; 5php for candidate  Continuity plan – a list of contingency measures
without any political party or support from any and the policies for activation of such, that are
political party put in place to ensure continuous operation of
the AES (Sec. 2)
The Advisory Council (Sec. 8) 1. When the tampering, increase/decrease of
votes perpetrated or the refusal to credit the
 8 members who must be registered Filipino
correct votes or to deduct tampered votes
voters of known independence, competence
is/are committed in the election of a national
and probity
elective office which is voted upon nationwide
o A person who is affiliated with any and the tampering, increase/decrease of votes
political party or candidate for any or refusal to credit correct votes or deduct
national position or is related to a tampered votes, shall adversely affect the
candidate for any national position by results of the election to the said national office
affinity or consanguinity within the to the extent that losing candidate/s is/are
fourth civil degree shall not be eligible made to appear the winners
for appointment or designation to the
2. Regardless of the elective office involved, when
Advisory Council. Should any such
the tampering, increase/decrease of votes or
situation arise at any time during the
refusal to credit correct votes or deduct
incumbency of a member, the
tampered votes, is accomplished in a single
designation or appointment of that
election document or in the transposition of the
member shall be terminated ipso facto.
figure/results from one election document to
Joint Congressional Oversight Committee (Sec. 33) another and involved in the said tampering,
increase/decrease of votes or refusal to credit
 Composed of 7 members each from the Senate correct votes or deduct tampered votes exceed
and the House of Representatives 5,000 votes and that the same adversely affects
o 4 shall come from majority; 3 from the true results of the election
minority 3. Any and all other forms of tampering
 To monitor and evaluate the implementation of increase/decrease of votes or refusal to credit
this Act correct votes or deduct tampered votes where
the total votes involved exceed 10,000 votes.
Electoral Sabotage
Provided finally that any and all other persons or
Any person or member of the BEI or board of individuals determined to be in conspiracy or in
canvassers who tampers, increases or decreases the connivance with the members of the BEIs or BOCs
votes received by candidate/s in any election or any involved shall be meted the same penalty of life
member of the board who refuses after proper imprisonment. (Sec. 27)
verification and hearing to credit the correct votes or
deduct such tampered votes; Provided however that Prosecution – The Commission shall, through its duly
when the tampering, increase/decrease of votes or the authorized legal officers, have the power, concurrent
refusal to credit the correct votes and/or deduct with other prosecuting arms of the government, to
tampered votes are perpetrated on large scale or in conduct preliminary investigation of all election
substantial numbers, the same shall be considered not offenses punishable under this Code and prosecute the
as an ordinary election offense under Sec. 261 of OEC same. (Sec. 265)
but as a special election offense to be known as
electoral sabotage and the penalty to be imposed shall
be life imprisonment.

The act or offense committed shall fall under the

category of electoral sabotage in any of the following
instances: