A.

GENERAL CONSIDERATIONS
B.
THE RIGHT TO SUFFRAGE
1. CONSTITUTIONAL BASIS: ART. II, 1987 CONSTITUTION
Article II – Declaration of Principles and State Policies, 1987 Constitution: “Sec. 1 –The
Philippines
is a democratic and republican state. Sovereignty resides in the people and all government
authority emanates from them.”

2. QUALIFIED VOTERS: ART. V. 1987 CONSTITUTION

“Sec. 1 - Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified
by law, who are at least eighteen years of age, 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 (6) months
immediately preceding the election. No literacy, property, or other substantive requirement shall
be imposed on the exercise of suffrage

REGISTRATION OF VOTERS
DEFINITION: AN ACT OF ACCOMPLISHING AND FILING OF A SWORN APPLICATION FOR
REGISTRATION BY A QUALIFIED VOTER BEFORE THE ELECTION OFFICER OF THE CITY
OR
MUNICIPALITY WHEREIN HE RESIDES AND INCLUDING THE SAME IN THE BOOK OF
REGISTERED VOTERS UPON APPROVAL BY THE ELECTION REGISTRATION BOARD.
[SEC. 3A, R.A. 8189]

Registration does not confer the right to vote but it is a condition precedent to the exercise of the
right to suffrage.

Circumstances that would allow alteration of the List of /voters:

(1) Deactivation/Reactivation
(2) Exclusion/Inclusion Proceedings
(3) Cancellation of Registration in case of death
(4) Inclusion of New voters
(5) Annulment of Book of Voters
(6) Transfer of Residence of a registered voter.

GROUNDS FOR CANCELLATION/AMENDMENT OF ENTRIES:

(1) When the overseas absentee voter files a letter under oath addressed to the COMELEC that
he/she wishes to be removed from the Registry of Overseas Absentee Voters, or that his/her
name be transferred to the regular registry of voters.
(2) When an overseas absentee voter’s name was ordered removed by the COMELEC from the
Registry of Overseas Absentee
GENERAL RULE: A REGISTERED VOTER MAY BE DELISTED FOR HIS/HER FAILURE TO
EXERCISE HIS/HER RIGHT TO VOTE UNDER R.A. 9189 FOR 2 CONSECUTIVE NATIONAL
ELECTIONS. [SEC. 9, R.A. 9189]

INCLUSION / EXCLUSION PROCEEDINGS (SECTIONS 138, 139, 142, OMNIBUS ELECTION

CODE): A CHALLENGE TO RIGHT TO REGISTER AS A VOTER MAY BE INSTITUTED BY
ANY VOTER, CANDIDATE OR REPRESENTATIVE OF A REGISTERED POLITICAL PARTY.
The challenge must be:
(1) in writing;
(2) specify the grounds for the objection to register;
(3) under oath; and
(4) attached to the application, together with the proof of notice of hearing to the challenger and
the applicant.

RA 8189 Section 27

DEACTIVATION OF REGISTRATION - Definition: process of deactivating the registration of

certain persons, removing their registration records from the corresponding precinct book of
voters and placing the same in the inactive file, properly marked “deactivated” and dated in
indelible ink.
Reasons of Deactivation: The ERB shall remove the registration records of the following
persons from the corresponding precinct book of voters and place the same in the inactive file:
(1) Sentenced by final judgment to suffer imprisonment for not less than 1 year (unless granted
a plenary pardon or an amnesty) shall automatically reacquire right to vote upon the expiration
of 5 years after the service of sentence as certified by clerks of courts
(2) Adjudged by final judgment for having committed any crime involving disloyalty to the duly
constituted government (e.g. rebellion, sedition, violation of the firearms law) or any crime
against national security (unless restored to full civil and political rights in accordance with law)
shall automatically reacquire the right to vote upon the expiration of 5 years after the service of
sentence;
(3) Insane or incompetent persons as declared by competent authority;
(4) Did not vote in the 2 successive preceding regular elections (excluding SK elections);
(5) Registration has been ordered excluded by the Court; and
(6) Lost of Filipino citizenship. [Sec. 27, R.A. 8189]

3.A. OVERSEAS ABSENTEE VOTER: THE RIGHT OF OVERSEAS FILIPINOS TO VOTE

Absentee voting: process by which qualified citizens of the Philippines abroad exercise their
right
to vote. [Sec. 3a, R.A. 9189, The Overseas Absentee Voting Act]

Overseas Absentee Voter: a citizen of the Philippines who is qualified to register and vote under
this Act, not otherwise disqualified by law, who is abroad on the day of elections. [Sec. 3f, R.A.
9189]

Coverage of the right of suffrage of overseas absentee voters: Elections for president, vice-
president, senators and party-list representatives [Sec. 3f, R.A. 9189]

Registration as an overseas absentee voter shall be done in person in the Philippine Consulate
of Embassy nearest to the place of residence of the voter. [Sec.5, R.A. 9189]

3.B. DETAINEEE VOTING

See Comelec Resolution 9371 as an example

4. Disqualified Voters: Sec. 118, Omnibus Election Code

The following shall be disqualified from voting:
• 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 reacquire the right to vote upon expiration of five (5)
years after service of sentence.
• 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 (5) years after service of sentence.
• Insane or incompetent persons as declared by competent authority.

THE COMMISSION ON ELECTIONS (“COMELEC”), ART. IX, 1987 CONSTITUTION

1. COMPOSITION SEC. I (1) – ART. IX - B, 1987 CONSTITUTION
“Sec. 1 (1) – There shall be a Commission on Elections composed of a Chairman and six
Commissioners who shall be natural-born citizens of the Philippines and, at the time of their
appointment, at least thirty-five (35) years of age, holder of a college degree, and must not have
been candidates for any elective position in the immediately preceding elections. However, a
majority thereof, including the Chairman, shall be members of the Philippine Bar who have been
engaged in the practice of law for at least ten years.”
2. TERM OF OFFICE SEC. I (2), ART. IX -, 1987 CONSTITUTION
“The Chairman and the Commissioners shall be appointed by the President with the consent of
the Commission on Appointments for a term of seven years without reappointment. x x x
Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case
shall any Member be appointed or designated in a temporary or acting capacity.”
3. POWERS ART IX-C Section 2 of the Constitution

3.1. INTERPRETATION OF ELECTION LAWS – LIBERALLY CONSTRUED IN FAVOR OF

RIGHT OF SUFFRAGE
3.2. PURPOSE OF ELECTION LAWS – TO ASCERTAIN THE WILL OF THE PEOPLE AS AN
EXPRESSION OF SOVEREIGNTY

What constitutes an election: Plurality of votes sufficient for:

(1) A choice conditioned on the plurality of valid votes or
(2) A valid constituency regardless of the actual number of votes cast.

REGISTRATION OF POLITICAL PARTIES

A. POLITICAL PARTY: An organized group of citizens advocating an ideology or platform,
principles and policies for the general conduct of government and which, as the most
immediate means of securing their adoption, regularly nominates certain of its leaders
and members as candidates for public office. [Sec. 60, BP 881 and Sec.
3(c) of RA 7941]

TYPES OF POLITICAL PARTIES IN THE PHILIPPINES

(1) National Party - constituency is spread over the geographical territory of at least a majority of
the regions.
(2) Regional Party - constituency is spread over the geographical territory of at least a majority
of the cities and provinces comprising the region.
(3) Sectoral party – organized group of citizens belonging to any of the following sectors: labor,
peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women,
youth, veterans, overseas workers and professionals whose principal advocacy pertains to the
special interests and concerns of their sector. (Atong Paglaum v. COMELEC, 2013)

ENTITIES WHICH CANNOT BE REGISTERED AS POLITICAL PARTIES

(1) Religious denominations and sects
(2) Groups which seek to achieve their goals through violence or unlawful means
(3) Entities which refuse to uphold and adhere to the Constitution
(4) Associations supported by foreign governments [Art. IX-C, Sec. 2 (5), Constitution]

PURPOSES OF REGISTRATION
(1) To acquire juridical personality
(2) To entitle it to rights and privileges granted to political parties (Substitution of Candidates)
(3) To participate in the party-list system

GROUNDS FOR REFUSAL/CANCELLATION OF REGISTRATION

The COMELEC may, motu propio or upon verified complaint of any interested party, refuse or
cancel, after due notice and hearing, the registration of any national, regional or sectoral party,
organization or coalition on any of the following grounds:
(1) Religious sect or denomination, organization or association, organized for religious purposes
(2) Those advocating violence or unlawful means to seek its goal
(3) Foreign party or organization
(4) Those receiving support from any foreign government, foreign political party, foundation,
organization, whether directly or through any of its officers or members or indirectly through
third parties for partisan election purposes
(5) Those which violate or fail to comply with laws, rules or regulations relating to elections
(6) Those which declare untruthful statements in its petition
(7) Those which ceased to exist for at least one (1) year
(8) Those which fail to participate in the last two (2) preceding elections or
(9) Those which fails to obtain at least 2% of the votes cast under the party-list system in the
two(2) preceding elections for the constituency in which it has registered [Sec. 6, R.A. 7941]

PARTY-LIST SYSTEM
1. Definitions: Sectoral organization: group of citizens or a coalition of groups of citizens who
share
similar physical attributes or characteristics, employment, interests or concerns.
Coalition: an aggrupation of duly registered national, regional, sectoral parties or organizations
for political and/or election purposes. [Sec. 3, R.A. 7941, Party-List System Act]
Any organized group of persons may register as a party, organization or coalition for purposes
of the party-list system.
2. Purpose: To enable Filipino citizens belonging to marginalized and underrepresented sectors,
organizations and parties, and who lack well-defined political constituencies but who could
contribute to the formulation and enactment of appropriate legislation that will benefit the nation
as a whole, to become members of the House of Representatives. [Sec. 2, R.A. 7941]
3. Nomination of party-list representatives: Each registered party, organization or coalition shall
submit to the COMELEC not later than 45 days before the election a list of names, not less than
five (5), from which party-list representatives shall be chosen in case it obtains the required
number of votes. National and local political parties may participate in the party list system
provided they do not field any candidates in the congressional legislative districts.

A MEMBER OF A PARTY LIST MAY BE NOMINATED:

1. IN ONE PARTY LIST ONLY;
2. MUST GIVE CONSENT IN WRITING;
3. MUST NOT BE A CANDIDATE FOR ANY ELECTIVE OFFICE; OR HAS NOT LOST HIS BID
FOR AN ELECTIVE OFFICE IN THE IMMEDIATELY PRECEDING ELECTION
NO CHANGE OF NAMES OR ALTERATION SHALL BE ALLOWED AFTER THE SAME SHALL
HAVE BEEN SUBMITTED TO THE COMELEC EXCEPT WHEN:
(1) The nominee dies;
(2) The nominee withdraws his nomination; or
(3) The nominee becomes incapacitated.
Names of party-list nominees shall not be shown on the certified list [Sec. 7, RA 7941]
4. Effect of Change of Party List Affiliation: Any elected party-list representative who changes his
political party or sectoral affiliation during his term of office shall forfeit his seat
within six (6) months before an election shall not be eligible for nomination as party-list
representative under his new party or organization [Sec. 15, R.A. 7941]

1. Nicolas-Lewis v. COMELEC, G.R. No. 162759, August 4, 2006

2. Angkla v. COMELEC, G.R. No. 246816, September 15, 2020

B. DISQUALIFICATION AND CANCELLATION OF CERTIFICATE OF CANDIDACY

1. National Elective Officials

A.1. President (Sections 2 and 4, Art. VII, 1987 Constitution)
Qualifications: “Sec. 2 – No person may be elected President unless he is a natural – born
citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on
the day of the election, and a resident of the Philippines for at least ten years immediately
preceding such election.”

Term of Office: “Sec. 4 – The President and the Vice-President shall be elected by direct vote of
the people for a term of six years which shall begin at noon on the thirtieth day of June next
following the day of the election and shall end at noon of the same date six years thereafter. The
President shall not be eligible for any reelection. No person who has succeeded as President
and has served as such for more than four years shall be qualified for election to the same
office at any time.”

A2. Vice- President (Sections 3 and 4, Art. VII, 1987 Constitution)

Qualifications: Article VII, Section 3 “ –There shall be a Vice-President who shall have the same
qualifications and term of office and be elected with and in the same manner as the President.
He may be removed from office in the same manner as the President.’

Term of Office: Article VII, Section 4 (2nd paragraph) “ –No Vice-President shall serve for more
than two (2) successive terms. Voluntary renunciation of the office for any length shall not be
considered as an interruption in the continuity of the service for the full term for which he was
elected.”

A.3. Senator (Sections 3 and 4, Art. VI, 1987 Constitution)

Qualifications: Article VI, Section 3 “ –No person shall be a Senator unless he is a natural-born
citizen of the Philippines, and, on the day of the election, is at least thirty-five years (35) of age,
able to read and write, a registered voter, and a resident of the Philippines for not less than two
years immediately preceding the day of the election.”

Term of Office: Article VI, Section 4 “ –The term of office of the Senators shall be six years and
shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next
following their election.

No Senator shall serve for more than two (2) consecutive terms. Voluntary renunciation of the
office for any length of time shall not be considered as an interruption in the continuity of his
service for the full term for which he was elected.

A.4. Congressional Representatives (Sections 6 and 7, Art. VI, 1987 Constitution)

Qualifications: Article VI, Section 6 “ –No person shall be a Member of the House of
Representatives unless he is a natural-born citizen of the Philippines, and, on the day of the
election, is at least twenty-five (25) years of age, able to read and write, and except the party-list
representatives, a registered voter in the district in which he shall be elected, and a resident
thereof for a period of not less than one year immediately preceding the day of the election. “

Term of Office: Article VI, Section 7 ‘ –The Members of the House of Representatives shall be
elected for a term of three (3) years which shall begin, unless otherwise provided by law, at
noon on the thirtieth day of June next following their election.
No Member of the House of Representatives shall serve for more than three (3) consecutive
terms. Voluntary renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was elected.”

A.5. Qualifications of Party List Representatives

(1) Natural-born citizen of the Philippines
(2) Registered voter
(3) Resident of the Philippines for a period of not less than 1 year immediately preceding the
day of the election
(4) Able to read and write
(5) Bona fide member of the party or organization which he seeks to represent for at least 90
days preceding the day of the election
(6) At least 25 years old on the day of the election

B. Local Elective Officials

B.1. Qualifications (Sec. 39, R.A. 7160)
“Sec. 39 – Qualifications. (a) An elective local official must be a citizen of the Philippines; a
registered voter in the barangay, municipality, city, province or, in the case of a member of the
sangguniang panlalawigan, sanggunian panlungsod, or sangguniang bayan, the district where
he intends to be elected; a resident therein for at least one (1) year immediately preceding the
day of the election; and able to read and write Filipino or any other local language or dialect;
and able to read and write Filipino or any other local language or dialect.
(b) Candidates for the position of mayor or vice-mayor of independent component cities,
component cities or municipalities must be at least twenty-one (21) years of age on election day.

B.2. Disqualifications (Sec. 40, R.A. 7160)

“Sec. 40 – Disqualifications. – The following persons are disqualified from running for any
elective
local position:
Those sentenced by final judgment for an offense involving moral turpitude or for an offense
involving moral turpitude or for an offense punishable by one (1) year or more of imprisonment
within two (2) years after serving sentence;
Those removed from office as a result of an administrative case;
Those convicted by final judgment for violating the oath of allegiance to the Republic;
Those with dual citizenship;
Fugitives from justice in criminal or non-political cases here or abroad;
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; and
The insane or feeble-minded.”

C. PRE-ELECTION ACTIVITIES/CONTROVERSIES
C.1. Certificate of Candidacy (“CoC”)
• As to FORM
• Contents of the CoC
• Name/s
• Citizenship
• Residence and Length of Stay
• Registered Voter of the Place
• Other Items
• WHEN to file the CoC Deadline/s:
• Under OEC: Day before the start of the campaign period
• National – 90 days before election
• Local/Congressional – 45 days before elections
Under RA 9369/Automated Election System: Deadline fixed by COMELEC

C.2. Effects of Filing:

One becomes an official and legitimate CANDIDATE when he files his Certificate of Candidacy
Rules:
~Under OEC, Section 67: Whether Elected or Appointed – ipso facto resigned – except an
elected official
~Under RA 9006: General repeal of Section 67 of the OEC & Section 11 rendered ineffective.
Hence, there is NO more ipso facto resignation for all elected officials.
~Under RA 9369 - Section 11 of Republic Act No. 8436 as amended by RA 9359: “A public
appointive office ...shall be considered ipso facto resigned from his/her office and must vacate
the same at the start of the day of the filing of his/her certification of candidacy.”
Deny-due course/cancel Certificate of Candidacy
Under Section 78 of OEC & Section 23 of COMELEC RULES: Rule 23:
Sec. 1. Exclusive Ground – FALSE material representation in CoC.
Section 2. Period to File – within five (5) days from last day for filing of Certificate of Candidacy
C.3. Nuisance Candidates
Section 76, OEC and Rule 24, COMELEC RULES:
Classify nuisance candidates if -
a. Candidate makes a mockery of the election process; or he is person of disrepute
b. Two candidates bear similarity of NAMES to confuse the electorate
c. Person is not a BONAFIDE candidate
WHO can file complaint for disqualification: Candidate for the same elective position.
WHEN to file: within five (5) days from deadline/last day of filing Certificate of Candidacy

Case Assignments:
3. Jalosjos v. COMELEC, 698 SCRA 742 (2013)
4. Dimapilis v. COMELEC, 823 SCRA 451 (2017)
5. Reynaldo S. Zapanta v. COMELEC, supra
6. Santos v. COMELEC, G.R. No. 235058, September 4, 2018
7. Sevilla v. COMELEC, G.R. No. 227797, November 13, 2018
8. Aguilar v. Benlot, G.R. No. 232806, January 21, 2019
9. Halili v. COMELEC, G.R. No. 231643, January 15, 2019
10. De Alban v. COMELEC G.R. No. 243968 March 22, 2022

D. SUBSTITUTIONS
Case Assignments:
11. Miranda v. Abaya, 311 SCRA 617 (1999)
12. Tagolino v. Commission on Elections, 693 SCRA 574 (2013)
13. Federico v. Commission on Elections, 689 SCRA 134 (2013)
E. CITIZENSHIP, DOMICILE AND REPATRIATION
READ Article IV of the Constitution and RA 9225
Case Assignments:
14. Arnado v. Commission on Elections, 767 SCRA 168 (2015)
15. Agustin v. Commission on Elections, 774 SCRA 353 (2015)
16. Caballero v. Commission on Elections, 771 SCRA 213 (2015)
17. Poe v. COMELEC, G.R. No. 221697, March 8,2016 (Read only the main opinion and its
discussion on the issue of citizenship)
18. Manzano v. Mercado, G.R. No. 135083, 26 May 1999

F. CAMPAIGNS
1. Premature Campaigning
Old Rule under OEC: Once one files – becomes a CANDIDATE, and he can no longer
campaign until the start of campaign period – otherwise PREMATURE campaigning.
Simple RULE: NO Certificate of Candidacy filed, NOT yet a candidate – NO premature
campaigning
Under RA 9369: “Any person who files his certificate of candidacy within this period shall only be
considered as a candidate at the start of the campaign period for which he filed his certificate of
candidacy: Provided, that, unlawful acts or omissions applicable to a candidate shall take effect
only upon that start of the aforesaid campaign period.”
[READ Penera v. COMELEC (2009)]
2. Prohibited Contributions Section 95-97 of Omnibus Election Code.
3. Lawful and Prohibited Election Campaign and Propaganda
COMELEC RESOLUTION 10730 s. 2021
4. Limitations on Expenses
SECTION 5. Authorized Expenses of Candidates and Parties. - The aggregate amount
that a candidate may spend for an election campaign shall be as follows:
a. For candidates for President and Vice-President - Ten pesos (P10.00) for every
registered voter
b. For candidates with political party – Three pesos (P3.00) for every voter currently
registered in the constituency where the candidate filed his certificate of candidacy;
c. For other candidates without any political party and without support from any political
party – Five pesos (P5.00) for every voter currently registered in the constituency where
the candidate filed his certificate of candidacy; and
d. For political parties and party-list groups – Five pesos (P5.00) for every voter currently
registered in the constituency or constituencies where it has official candidates.

5. Statement of Contributions and Expenses

EVERY CANDIDATE OR POLITICAL PARTY TREASURER SHALL FILE WITHIN 30 DAYS
after the day of election - condition before entering upon the duties of public office

G. Jurisdiction over Election Cases and Contests

1. Petition to Deny Due Course or Cancel a Certificate of Candidacy
2. Failure of Election, Call for Special Election
3. Pre-Proclamation Controversy ARTICLE XX of OEC
4. Election Protest
5. Quo Warranto
6. Recall
ARTICLE X Section 3 of the Constitution and CHAPTER 5, Section 71 of LGC 7160

7. Election Contest
(1) COMELEC – over all contests relating to the elections, returns and qualifications of all
elective regional, provincial and city officials [Sec. 250. BP 881]
(2) RTC - over contests involving municipal officials [Sec. 251. BP 881]
(3) MeTC or MTC – over election contests involving barangay officials [Sec. 252. BP 881]
(4) HRET – over election contests involving members of the House of Representatives
(5) SET – over election contests involving members of the Senate
(6) PET – over election contests involving presidential and vice-presidential candidates

Case Assignments:
1. Ongsiako- Reyes v. HRET, G.R, No. 221103, October 18, 2018
2. Velasco v. Speaker Belmonte, G.R. No. 211140, January 12, 2016
3. Martinez III v. House of Representatives Electoral Tribunal, 610 SCRA 53 (2010)
4. Tañada, Jr. v. House of Representatives Electoral Tribunal, 785 SCRA 314 (2016)
5. Maquiling v. COMELEC, 696 SCRA 420 (2013) 700 SCRA 367 (2013)
6. Dela Cruz v. Commission on Elections, 685 SCRA 347 (2012)

(5) ELECTION OFFENSES

Case Assignments:
1. Lluz v. Commission on Elections, 523 SCRA 456 (2007)
2. People v. Randolph S. Ting, G.R. No. 221505, December 5, 2018
3. Velez v. People, G.R. No. 215136, August 28, 2019