Election Law Study Guide
I. Suffrage
Key Concepts:
Definition: The right to vote in political elections.
Constitutional Basis: Article V, Sections 1 and 2 of the 1987
Constitution.
Nature of Suffrage: A political right, not a natural right.
Types of Voters: Regular voters, overseas absentee voters,
local absentee voters, disabled voters, and illiterate voters.
Voter Registration: The process of enlisting qualified citizens
on the voter list.
Important Laws and Provisions:
1987 Constitution, Article V, Sections 1 & 2
Omnibus Election Code
R.A. 9189 (Overseas Absentee Voting Act)
R.A. 7166
R.A. 10380 (Local Absentee Voting for Media)
R.A. 10366 (Accessibility for Disabled and Illiterate Voters)
R.A. 8189 (Voter Registration Act of 1996)
E.O. 157, March 30, 1987 (Local Absentee Voters)
Case Law Highlights:
Nolasco vs. COMELEC, 275 SCRA 763: Regarding qualifications
for suffrage.
People vs. San Juan, 22 SCRA 505: Regarding qualifications for
suffrage.
Macalintal v Comelec, G.R. No. 157013, July 3, 2003: Regarding
overseas absentee voting.
Yra v Abano, 52 Phil. 380: Regarding the definition of voter
registration.
Akbayan-Youth v Comelec, 355 SCRA 318, March 26, 2001:
Regarding the period of voter registration.
Kabataan Party List v Comelec, GR No. 189868, Dec. 15, 2009:
Regarding the period of voter registration.
Romualdez v RTC, 226 SCRA 406: Regarding the determination
of residence for voter registration.
Kabataan Party-List v Comelec, G.R. No. 221318, December
16, 2015: Regarding deactivation of registration.
Pungutan v Abubakar, 43 SCRA 1, 12 (1972): Regarding the
scope of powers to decide questions.
Domino v Comelec, GR No. 134015, July 19, 1999: Regarding
the scope of powers to decide questions.
Ututalum v Comelec, 181 SCRA 335: Regarding annulment of
the list of voters.
Sarangani v Comelec, 334 SCRA 379: Regarding annulment of
the list of voters.
II. The Commission on Elections
(COMELEC)
Key Concepts:
Composition: Chairman and Commissioners.
Qualifications & Term of Office: Specified in Article IX(C),
Sections 1(1) & (2) of the 1987 Constitution.
Independence: Guaranteed by the Constitution.
Powers & Functions: Administrative, Legislative, and Judicial.
Constitutional and Legal Basis:
1987 Constitution, Article IX(A) and IX(C)
Omnibus Election Code, Article VII, Section 52
Administrative Powers:
Enforcement and administration of election laws.
Conduct of plebiscites, initiatives, referendums, and recalls.
Decision on questions affecting elections.
Deputization of other government agencies.
Registration of political parties and party-list organisations.
Supervision/regulation of franchises, transportation.
Investigation and prosecution of election offenses.
Legislative Powers:
Rule-making power.
Suspension of Rules of Procedure.
Judicial Powers:
Original jurisdiction over regional, provincial, and city election
contests.
Appellate jurisdiction over municipal and Barangay election
contests.
Power to issue extraordinary writs.
Contumacy powers.
Jurisdiction of en banc or division.
Quasi-Judicial Powers:
Judicial review of COMELEC decisions.
Case Law Highlights:
Cayetano v Monsod, 201 SCRA 210, 214 (1991): Regarding
qualifications of COMELEC members.
Brillantes v Yorac, 192 SCRA 358, (1990): Regarding
qualifications of COMELEC members.
Filipinas Eng’g. Machine Shop v Ferrer, 135 SCRA 25 (1985):
Regarding classification of powers.
Baytan v Comelec, G.R. No. 153945, February 4, 2003:
Regarding classification of powers.
Loong v Comelec, G.R. No. 133676, April 14, 1999: Regarding
the history of COMELEC functions.
Sandoval v Comelec, G.R. No. 133842, January 26, 2000:
Regarding the power to enforce and administer election laws.
Santiago v Comelec, G.R. No. 127325, Mar. 19, 1997:
Regarding initiative.
Lambino v Comelec, G.R. No. 174153, Oct. 25, 2006:
Regarding initiative.
Garcia v Comelec, 227 SCRA 100 (1993): Regarding recall.
Paras v Comelec, 264 SCRA 49 (1996): Regarding recall.
Angobung v Comelec, 269 SCRA 245 (1997): Regarding recall.
Diocese of Bacolod v Comelec, G.R. No. 205728, Jan. 21, 2015:
Regarding powers and functions.
Pungutan v Abubakar, 43 SCRA 1, 12 (1972): Regarding powers
not given.
People v Basilla, 179 SCRA 87 (1987): Regarding deputization
powers.
Santos v Comelec, 103 SCRA 628 (1981): Regarding
registration of political parties.
Veterans Federation Party v Comelec, 342 SCRA 244:
Regarding registration of political parties.
Bagong Bayani-OFW v Comelec, G.R. No. 147589, June 26,
2001: Regarding registration of political parties.
Banat v Comelec, G.R. No. 179271, July 8, 2009: Regarding
registration of political parties.
Bayan Muna v Comelec, G.R. No. 179295, April 21, 2009:
Regarding registration of political parties.
Atong Paglaum v Comelec, G.R. No. 203766, Apr. 2, 2013:
Regarding registration of political parties.
Ang Ladlad v Comelec, GR No. 190582, April 8, 2010:
Regarding registration of political parties.
Atienza v Comelec, GR No. 188920, February 16, 2010:
Regarding registration of political parties.
NPC v Comelec, G.R. No. 102653, March 5, 1992: Regarding
supervision/regulation of franchises, transportation.
SWS v Comelec, G.R. No. 147571, May 5, 2001: Regarding
supervision/regulation of franchises, transportation.
1-UTAK v Comelec, G.R. No. 206020, April 14, 2015: Regarding
supervision/regulation of franchises, transportation.
ABS-CBN v Comelec, G.R. No. 133486, January 28, 2000:
Regarding supervision/regulation of franchises, transportation.
Sanidad v Comelec, 181 SCRA 529 (1990): Regarding
supervision/regulation of franchises, transportation.
Kilosbayan v Comelec, 280 SCRA 892, October 16, 1997:
Regarding power to investigate and prosecute.
Gallardo v Tabamo, 218 SCRA 253, 263-264 (1993): Regarding
rule-making power.
Llana v Comelec, G.R. No. 152080, November 28, 2003:
Regarding rule-making power.
Javier v Comelec, 144 SCRA 194: Regarding judicial powers.
Canicosa v Comelec, 282 SCRA 512 (1997): Regarding judicial
powers.
Carlos v Angeles, 346 SCRA 571: Regarding judicial powers.
Aratuc v Comelec, 88 SCRA 251: Regarding judicial powers.
Comelec v Datuimam, 304 SCRA 106 (1999): Regarding judicial
powers.
III. Election Period
Key Concepts:
Definition: The period prescribed by law during which certain
acts are prohibited or regulated to ensure fair and honest
elections.
Duration: Specified in Article IX(C), Section 9 of the 1987
Constitution and the Omnibus Election Code.
Prohibited Acts: Acts that undermine the integrity of the
election process.
Important Laws and Provisions:
1987 Constitution, Article IX(C), Section 9
Omnibus Election Code, Article I, Section 3
R.A. 7166, Sec. 5
Types of Election Offenses:
Prohibited acts during the election period.
Prohibited acts during registration of voters.
Prohibited acts during voting.
Prohibited acts during canvassing.
Prohibited acts on candidacy and campaign.
Other prohibitions and election offenses.
Key Election Offenses:
Vote-buying and vote-selling.
Appointment of new employees, creation of new positions,
promotion or giving salary increases.
Transfer of officers and employees in the civil service.
Carrying firearms outside residence or place of business.
Ban on security personnel and bodyguards.
Prohibition against release, disbursement, or expenditure of
public funds.
Liquor ban.
Election Sabotage:
Acts intended to undermine or disrupt the election process.
Campaign Period:
Definition: The period during which candidates and political
parties can engage in campaigning.
Campaign Expenses: Limits and regulations.
Statement of Contributions & Expenditures (SOCE):
Requirements for reporting campaign finance.
Election Propaganda: Rules and restrictions.
Case Law Highlights:
Ong v Martinez, 188 SCRA 830: Regarding the prohibition
against new appointments during the election period.
People v Reyes, G.R. No. 115022, August 14, 1995: Regarding
the transfer of civil service officers and employees during the
election period.
Gallardo v Comelec, 218 SCRA 253 (1993): Regarding the
prohibition against the release of public funds during the
election period.
Bagumbayan-VNP Movement, Inc. v Comelec, G.R. No. 222371
(1-b), March 17, 2016: Regarding prohibited acts during voting.
Ejercito v Comelec, G.R. No. 212398, Nov. 25, 2014: Regarding
campaign expenses and SOCE.
Adiong v Comelec, G.R. No. 103956, March 31, 1992:
Regarding election propaganda.
Lanot v Comelec, GR No. 164858, Nov. 16, 2006: Regarding
campaign definition.
Penera v Comelec, GR No. 181613, Sept. 11, 2009: Regarding
campaign definition.
GMA v Comelec, G.R. No. 205357, Sept. 2, 2014: Regarding
airtime limits on political ads.
National Press Club v Comelec, 207 SCRA 1: Regarding news
and opinions about candidates.
Comelec v Español, G.R. Nos. 149164-73, December 10, 2003:
Regarding prosecution of election offenses.
Lozano v Comelec, G.R. No. 94626, October 28, 1991:
Regarding prosecution of vote-buying and vote-selling.
People v Bayona, 61 Phil. 181: Regarding election offenses as
mala prohibita.
Domalanta v Comelec, G.R. No. 125586, June 29, 2000:
Regarding election offenses as mala in se.
Comelec v Noynay, 292 SCRA 354: Regarding election offense
jurisdiction.
Election Law Quiz
Instructions: Answer the following questions in 2-3 sentences
each.
1. What is the constitutional basis of suffrage in the Philippines?
2. Distinguish between local and overseas absentee voters.
3. What is the role of voter registration in the electoral process?
4. Describe the composition of the Commission on Elections
(COMELEC).
5. Explain the concept of COMELEC independence as enshrined in
the Constitution.
6. Give two examples of COMELEC's administrative powers.
7. How does the COMELEC exercise its judicial powers?
8. What is a plebiscite, and how is it conducted?
9. Define the term "election period".
10. Give one example of prohibited acts during the election
period.
Answer Key
1. The constitutional basis of suffrage is found in Article V,
Sections 1 and 2 of the 1987 Constitution. Section 1 states that
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.
Section 2 further provides for Congress to provide a system for
absentee voting by qualified Filipinos abroad.
2. Local absentee voters are registered voters who cannot vote in
their registered precinct on election day due to their
employment or other valid reasons within the Philippines, as
outlined in E.O. 157, March 30, 1987. Overseas absentee
voters, on the other hand, are qualified Filipino citizens
residing abroad who are registered to vote in Philippine
national elections, as provided under R.A. 9189.
3. Voter registration is the process of officially enlisting qualified
citizens on the list of voters, as defined by R.A. 8189, Sections
3(a), (g), 15 & 20. It is a prerequisite for exercising the right to
vote and ensures that only eligible citizens participate in
elections, thus maintaining the integrity and legitimacy of the
electoral process.
4. The Commission on Elections (COMELEC) is composed of a
Chairman and six Commissioners, as stipulated in Article IX(C),
Section 1(1) of the 1987 Constitution. These officials are
appointed by the President of the Philippines with the consent
of the Commission on Appointments.
5. COMELEC's independence is guaranteed by Article IX(A),
Sections 1-6, and Article IX(C), Sections 1 and 2 of the 1987
Constitution, ensuring it is free from interference by other
branches of government or any external influence. This
independence is crucial for the COMELEC to impartially
administer and enforce election laws and safeguard the
integrity of the electoral process.
6. One example of COMELEC's administrative power is its power
to enforce and administer election laws, as stated in Article
IX(C), Section 2(1) of the 1987 Constitution. Another is the
power to register political parties and party-list organisations
as provided in Article IX(C), Section 2(5).
7. COMELEC exercises its judicial powers through original
jurisdiction over regional, provincial, and city election contests,
and appellate jurisdiction over municipal and Barangay
election contests, according to Article IX(C), Section 2(2) of the
1987 Constitution. The Commission can also issue
extraordinary writs and exercise contumacy powers in relation
to election cases.
8. A plebiscite is a vote of the people expressing their choice for
or against a proposed law or enactment submitted to them, as
defined in the 1987 Constitution, Article XVII, Section 4, and
R.A. 6735, Section 3(e). COMELEC conducts plebiscites,
ensuring the participation of the electorate in decisions of
significant public importance.
9. The election period is defined by Article IX(C), Section 9 of the
1987 Constitution, the Omnibus Election Code, Article I, Section
3, and R.A. 7166, Sec. 5 as the period during which certain acts
are prohibited or regulated to ensure fair and honest elections.
This period is determined by law and aims to safeguard the
integrity of the election process.
10. One example of prohibited acts during the election period
is vote-buying and vote-selling, which are considered election
offenses under the Omnibus Election Code, Section 261.
Another example is the prohibition against the release,
disbursement, or expenditure of public funds during the
election period, as discussed in Gallardo v Comelec, 218 SCRA
253 (1993).
Essay Questions
1. Discuss the evolution of suffrage in the Philippines, highlighting
key legal and constitutional changes that have expanded or
restricted the right to vote.
2. Analyse the powers and functions of the Commission on
Elections (COMELEC), evaluating its effectiveness in ensuring
free, fair, and honest elections in the Philippines.
3. Critically examine the impact of overseas absentee voting on
Philippine elections, considering both its benefits and potential
challenges.
4. Evaluate the effectiveness of current laws and regulations in
preventing and prosecuting election offenses in the Philippines.
5. Assess the role of media in Philippine elections, considering the
balance between freedom of expression and the need to
regulate election propaganda.
Glossary of Key Terms
Suffrage: The right to vote in political elections.
Voter Registration: The process of officially enlisting
qualified citizens on the list of voters.
Overseas Absentee Voter: A qualified Filipino citizen
residing abroad who is registered to vote in Philippine national
elections.
Local Absentee Voter: A registered voter who cannot vote in
their registered precinct on election day due to their
employment or other valid reasons within the Philippines.
COMELEC (Commission on Elections): The independent
constitutional body mandated to administer and enforce
election laws in the Philippines.
Plebiscite: A vote of the people expressing their choice for or
against a proposed law or enactment submitted to them.
Initiative: The power of the people to propose amendments to
the Constitution or to enact national legislation.
Referendum: The power of the electorate to approve or reject
a law passed by the legislature.
Recall: A process by which the registered voters of a local
government unit can remove an elected official from office
before the end of their term.
Election Period: The period prescribed by law during which
certain acts are prohibited or regulated to ensure fair and
honest elections.
Election Offense: A violation of election laws, punishable by
law.
Vote-Buying: The act of giving money or other valuable
consideration to induce someone to vote for a particular
candidate.
Vote-Selling: The act of receiving money or other valuable
consideration in exchange for voting for a particular candidate.
Campaign Period: The period during which candidates and
political parties can engage in campaigning.
Election Propaganda: Any material or activity that is
designed to promote or oppose a candidate or political party.
SOCE (Statement of Contributions & Expenditures): A
report that candidates and political parties must file, detailing
their campaign contributions and expenditures.
Electoral Sabotage: Acts intended to undermine or disrupt
the election process.
Political Party: An organised group of people with similar
political aims and opinions, that seeks to influence public policy
by getting its candidates elected to public office.
Mala Prohibita: Acts that are considered wrong because they
are prohibited by law.
Mala in Se: Acts that are inherently evil or wrong, regardless
of whether they are prohibited by law.
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