In the 1937 mayoral elections of Paracale, Camarines Norte, Irineo Moya was initially proclaimed the

winner, but his opponent, Agripino Del Fierro, contested the results, citing ballot appreciation
irregularities. The Court of Appeals eventually declared Del Fierro the rightful winner based on a liberal
interpretation of voter intent, even allowing ballots with variations of his name.

(a) Explain the principle applied by the Supreme Court regarding voter intent in election contests.

(b) Discuss whether this principle should be applied in modern automated elections, where ballot
appreciation is replaced by electronic voting systems. Support your answer with legal reasoning.

Here are brief explanations of the terms and concepts you've mentioned:

1. *What is an election?*

- An election is a formal and organized process by which citizens choose representatives or decide on
specific issues through voting.

2. *What is suffrage?*

- Suffrage is the right to vote in elections to elect public officials or decide on issues. In the Philippines,
suffrage is a basic right granted to citizens, subject to certain conditions.

3. *Who are the citizens of the Philippines?*

- Citizens of the Philippines are individuals who are recognized by the state as members, based on
birth or naturalization. Filipino citizens include those born in the Philippines or abroad to Filipino
parents, and those who have been granted citizenship through the process of naturalization.

4. *Qualification of a Commissioner of the COMELEC:*

- A Commissioner of the Commission on Elections (COMELEC) must:

- Be a natural-born citizen of the Philippines.

- Be at least 35 years old.

- Be a holder of a college degree.

- Be a lawyer with at least 10 years of law practice or experience in public service.

- Not have been convicted of a crime involving moral turpitude.

- Not have been a candidate for any elective position in the last election.
5. *Qualifications for registration:*

- To register as a voter in the Philippines, an individual must:

- Be a Filipino citizen.

- Be at least 18 years old on or before the day of the election.

- Be a resident of the Philippines for at least one year, and a resident of the place where the person
intends to vote for at least six months before the election.

- Not be disqualified by law (e.g., under guardianship, convicted of a crime involving moral turpitude,
etc.).

6. *Qualifications for a person to vote and run:*

- To vote: A person must be:

- A Filipino citizen.

- At least 18 years old on or before election day.

- A resident of the Philippines and the locality where they wish to vote for at least six months.

- To run for public office (e.g., President, Senator, Mayor):

- The person must be a Filipino citizen.

- Must meet the specific age requirements (e.g., 35 years old for President, 25 years old for Senator).

- Must be a resident of the Philippines for a specified period.

- Must not have been convicted of any crime involving moral turpitude (for certain offices).

7. *Powers of the COMELEC:*

- The powers of the Commission on Elections (COMELEC) include:

- Supervising the conduct of elections, referenda, and plebiscites.

- Enforcing election laws and regulations.

- Registering voters and regulating political parties.

- Ensuring the fair and proper conduct of elections.

- Proclaiming the results of elections.

- Adjudicating election-related disputes and other electoral controversies.

- Implementing systems to ensure the integrity and transparency of elections.

Section 2. 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.

Election Law Lecture Notes

1. *What is an election?*

- An election is the means by which the people choose their representatives and leaders in a
democratic government. It is a political process essential to the principle of republicanism (Art. II, Sec. 1,
1987 Constitution).

- The Supreme Court, in Gonzales v. COMELEC (G.R. No. L-28196, April 18, 1969), held that elections
serve as the expression of the sovereign will of the people.

2. *What is suffrage?*

- Suffrage is the right to vote, as guaranteed under Article V, Section 1 of the 1987 Constitution:

> "Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law..."

- It includes not only the right to vote but also the right to run for public office, as recognized in
Pungutan v. Abubakar (G.R. No. L-33541, November 29, 1972).

3. *Who are the citizens of the Philippines?*

- Under *Article IV, Section 1* of the 1987 Constitution, Filipino citizens include:

1. Those who were citizens at the time of the adoption of the 1987 Constitution.

2. Those whose fathers or mothers are Filipino citizens.

3. Those born before January 17, 1973, of Filipino mothers, who elected Philippine citizenship upon
reaching the age of majority.
 4. Those who have been naturalized in accordance with law.

- The case Tecson v. COMELEC (G.R. Nos. 161434, 161634, & 161824, March 3, 2004) further clarified
the principle of jus sanguinis (citizenship by blood).

4. *Qualifications of a Commissioner of COMELEC:*

- Under *Article IX-C, Section 1(1)* of the 1987 Constitution, a COMELEC Commissioner must:

1. Be a *natural-born* Filipino citizen.

2. Be at least *35 years old*.

3. Be a *college graduate*.

4. Have at least *10 years of experience in law practice or public service*.

5. Not have been a candidate for an elective position in the *immediately preceding elections*.

5. *Qualifications for voter registration:*

- *Article V, Section 1 of the 1987 Constitution* and *Section 9 of the Voter’s Registration Act of 1996
(RA 8189)* provide that a voter must:

1. Be a Filipino citizen.

2. Be at least *18 years old* on or before election day.

3. Be a resident of the Philippines for *at least one year*.

4. Be a resident of the place where they intend to vote for *at least six months*.

5. Not be disqualified by law (e.g., persons convicted of crimes involving moral turpitude, under
guardianship due to insanity).

6. *Qualifications to vote and run for office:*

- *To vote:*

- As stated in *Article V, Section 1 of the 1987 Constitution*, every citizen meeting the above
qualifications is entitled to vote.

- *To run for public office:*

- The *1987 Constitution* sets specific requirements:

- *President/Vice President*: Natural-born citizen, at least *40 years old*, and a Philippine resident
for *at least 10 years* (Art. VII, Sec. 2).
 - *Senator*: Natural-born citizen, at least *35 years old*, and a Philippine resident for *at least 2
years* (Art. VI, Sec. 3).

- *House of Representatives*: Natural-born citizen, at least *25 years old*, and a resident of their
district for *at least 1 year* (Art. VI, Sec. 6).

- *Local officials*: RA 7160 (Local Government Code) specifies different qualifications (e.g., 23 years
old for governor, 18 for councilor).

7. *Powers of the COMELEC:*

- *Article IX-C, Section 2 of the 1987 Constitution* grants the COMELEC the following powers:

1. *Enforce and administer* election laws.

2. *Decide all questions* affecting elections.

3. *Deputize law enforcement agencies* to ensure free, orderly, honest, peaceful, and credible
elections.

4. *Register political parties, accredit party-list groups, and regulate campaign finance*.

5. *Prosecute election law violations* (subject to judicial review).

6. *Recommend election law reforms* to Congress.

7. *Supervise plebiscites and referenda*.

- The Supreme Court, in Garcia v. COMELEC (G.R. No. 111230, September 30, 1994), ruled that
COMELEC has broad authority over electoral matters, including setting election rules and resolving
disputes.

These provisions ensure a fair, free, and democratic election process in the Philippines. Let me know if
you need further clarification!

Here are the *general rules and exceptions* for each Republic Act mentioned:

---

### *1. Republic Act No. 7166 (1991) – Synchronized National and Local Elections Law*

*General Rule:*

- National and local elections in the Philippines must be *synchronized* and held *on the second
Monday of May every three years* (except for barangay and Sangguniang Kabataan elections).
*Exception:*

- Elections may be *postponed or reset* due to:

- *Violence, terrorism, or natural calamities* that disrupt the election process (Sambarani v. COMELEC,
G.R. No. 200217).

- The President declaring a *state of national emergency* or Congress passing a law changing the
election date.

---

### *2. Republic Act No. 7941 (1995) – Party-List System Act*

*General Rule:*

- 20% of the total seats in the House of Representatives must be allocated to *party-list representatives*
from marginalized and underrepresented sectors.

*Exception:*

- *Major political parties are prohibited* from participating in the party-list system unless they form a
*sectoral wing* that genuinely represents marginalized groups (BANAT v. COMELEC, G.R. No. 179271,
2009).

---

### *3. Republic Act No. 8436 (1997) – Automated Election System (AES) Law*

*General Rule:*

- Elections in the Philippines must be conducted using an *automated election system (AES)* to ensure
fast, accurate, and secure elections.

*Exception:*

- Manual voting and counting may still be conducted in *special cases* or when authorized by the
COMELEC due to *technical failures or security concerns* (Loong v. COMELEC, G.R. No. 133676, 1999).
---

### *4. Republic Act No. 9006 (2001) – Fair Election Act*

*General Rule:*

- Candidates are given *equal opportunities* in media access, advertising, and campaign spending to
ensure fair elections.

*Exception:*

- While the COMELEC can regulate campaign materials, it *cannot* unreasonably restrict *freedom of
expression* (Diocese of Bacolod v. COMELEC, G.R. No. 205728, 2015).

---

### *5. Republic Act No. 9369 (2007) – Amended Automated Election System Law*

*General Rule:*

- Enhances *transparency and security* in automated elections, requiring voter verification mechanisms
and stricter safeguards.

*Exception:*

- *Candidates are not officially recognized* until the *campaign period starts*, meaning premature
campaigning *is not punishable* (Penera v. COMELEC, G.R. No. 181613, 2009).

---

### *6. Republic Act No. 10367 (2013) – Mandatoery Biometrics Voter Registration Act*

*General Rule:*

- Voters *must* submit their *biometrics data* (fingerprint, photo, signature) for validation before they
can vote.

*Exception:*
- The biometrics requirement *does not* impose an *additional voting qualification* but is merely *a
procedural requirement*, meaning it does not violate the right to vote (Kabataan Party-List v. COMELEC,
G.R. No. 221318, 2015).

---

### *7. Republic Act No. 11935 (2022) – Barangay and Sangguniang Kabataan Elections (BSKE)
Postponement Law*

*General Rule:*

- The *barangay and Sangguniang Kabataan (SK) elections* scheduled for December 2022 were
*postponed to October 2023*.

*Exception:*

- Congress has the *power to reset elections*, but it *cannot* extend terms of elected officials beyond
what the Constitution allows (Macalintal v. COMELEC, G.R. No. 261418, 2023).