I.

GENERAL PRINCIPLES
- Suffrage- the right to vote
- Election- means by which people chose their
officials
Regular-one provided by law
Special- held to fill a vacancy in office
Theories on Suffrage
Natural right theory- suffrage is a natural and
inherent right of every citizen
Social Expediency- suffrage is a public office or
function
Tribal Theory- it is a necessary attribute of
membership in the State
Feudal Theory- it is an adunct of a particular status
Ethical Theory- it is a necessary and essential
means for the development of society
Theory prevailing in the Philippines: Suffrage is both
privilege and an obligation.
System of Eletion a!opte! in the Philippines!
Australian System strict secrecy in balloting
Eletion Perio!: "# days before the day of the election
and shall end $# days thereafter
II. T"E C#$ELEC
Composition
+ %hairman and & commissioners
E Natural born Filipino %itizen
E 't least $( years of age
E )olders of %ollege degree
E *ust be members of the +hil, -ar who
have been engaged in the practice of
law for at least .# yrs,
+ 'ppointed by the +res, /ith the consent of
%ommission on 'ppointments -0 yrs w1o
reappointment
+ No temporary or acting capacity allowed
En %an an! &ivision Cases
In Division
E 2 divisions
E all election cases3 including pre-proclamation
contests
E petition to cancel a certificate of candidacy
E cases appealed from the RT% or *T%
E petition for certiorari filed with the %ommission
from a decision of the RT% 4or *T%5
E Exception!
- The rule applies only when the
%6*E7E% exercises its adudicatory
or 8uasi-udicial functions3 not when it
exercises purely administrative
functions
En Banc
E ' petition of the correction of manifest errors
4administrative5
E +rosecute cases of violation of election laws
4administrative5
E +romulgation of rules concerning pleadings
and practice before it or before any of its
offices3 but they must not diminish3 increase or
modify substantive rights
.
The rules of
procedure of special courts and 8uasi-
udicial bodies shall remain effective
unless disapproved by the S%
2
+rocedural rules in
election cases
Suspension of
reglementary periods provided by its
rules
$
9nternal matters need
not be informed before the parties
subect to the procedure such as
fingerprinting
:
C#$ELEC !eisions revie'a(le (y the SC
;ecisions of
the %6*E7E% en banc may be brought on
certiorari under rule &( of RR%
*R as a re8uirement is fatal to the
petition filed before the S%
6nly those
which involve matters made in the exercise of its
adudicatory or 8uasi-udicial power may be
brought before the S%
Constitutional Po'ers an! )untions
.5 Enforce and administer all laws and regulations
relative to the conduct of an election3 plebiscite3
referendum or recall,
-;efinitions!
a) 9nitiative
(
i5 9nitiative on the %onstitution
1
Sec. 6 Art IX-A
2
Sec. 5 (5) Art. VIII
3
Jaramilla vs. COMELEC

!e"a#l$ri%a vs. COMELEC

ii5 9nitiative on Statutes
iii5 9nitiative on 7ocal 7egislation
&) Referendum
&
i5 Referendum on Statutes
ii5 Referendum on 7ocal 7aw
c) Recall
0
d5+lebiscite
<
- -road +owers
"
!
a5 the ascertainment of the identity of a political
party and its legitimate officers
.#
b5 does not authorize the %omelec to deny due
course to or cancel a certificate of candidacy
motu propio without the proper proceedings
c5 ;97= has the power of direct control and
supervision over S> elections and not the
%omelec
d5 the %omelec has the authority to annul the
results of a plebiscite
- Regulatory power over media3 transportation3
communication and information
- No pardon3 amnesty3 parole3 etc,3 for violation of
election laws shall be granted by the +resident
without its favorable recommendation
- %omelec cannot exercise the power of
apportionment because only the %ongress is
vested with such power,
- +ower to declare failure of election,
a5 the election in any polling place has not
been held on the date fixed on account of forc
maeure3 violence3 terrorism3 fraud or other
analogous causes
b5 the election in any polling place had been
suspended before the hour fixed by law for the
closing of the voting on account of force
maeure3 violence3 terrorism3 fraud3 or other
analogous causes
c5 after voting and during the preparation and
transmission of the election returns or in the
custody or canvass thereof such election
5
'(e )$*er $# t(e )e$)le t$ )r$)$se ame"%me"ts t$ t(e
C$"stit+ti$" $r t$ )r$)$se a"% e"act le,islati$" t(r$+,( a"
electi$" calle% #$r t(e )+r)$se
6
'(e )$*er $# t(e elect$rate t$ a))r$ve $r re-ect le,islati$"
t(r$+,( a" electi$" calle% #$r t(e )+r)$se.
.
'(e termi"ati$" $# $##icial relati$"s(i) $# a l$cal elective
$##icial #$r l$ss $# c$"#i%e"ce )ri$r t$ t(e e/)irati$" $# (is
term t(r$+,( t(e *ill $# t(e elect$rate.
0
'(e s+&missi$" $# c$"stit+ti$"al ame"%me"ts $r im)$rta"t
le,islative meas+res t$ t(e )e$)le #$r rati#icati$".
1
I" t(e e"#$rceme"t $# )r$visi$"s $# t(e Om"i&+s Electi$"
C$%e2 t(e case is *it(i" t(e e/cl+sive -+ris%icti$" $# t(e
C$melec2 "$t $# t(e re,+lar c$+rts
13
La&a" ", %em$4rati4$", !ili)i"$ vs. C$melec
results in a failure to elect on account of force
maeure3 violence3 terrorism3 fraud or other
analogous causes
25 Exclusive original urisdiction over all contests
relating to the election3 returns and 8ualifications of all
elective regional3 provincial and city officials, Exclusive
appellate urisdiction over all contests involving elective
municipal officials decided by the RT%3 or involving
elective barangay officials decided by the *T%3 and
decisions therein shall be final3 executory and
unappealable,
- Exclusive urisdiction over pre-proclamation
cases,
- -road scope of powers? limitation! %omelec is
without the power to partially or totally annul a
proclamation or to suspend the effects of a
proclamation without notice and hearing3 as this would
constitute a violation of the due process clause,
-+ower to issue writs3 prohibition3 etc,
-Exclusive appellate urisdiction
- +ower to cite for contempt
..

-Execution +ending appeal
$5 ;ecide3 save those involving the right to vote3 all
8uestions affecting elections3 including determination of
the number and location of polling places3 appointment
of election officials and inspectors3 and registration of
voters
:5 ;eputize3 with the concurrence of the +resident3 law
enforcement agencies and instrumentalities for the
exclusive purpose of ensuring free3 orderly3 honest3
peaceful and credible elections,
(5 Register3 after sufficient publication3 political parties3
organizations3 or coalitions which must present their
platform or program of government? accredit citizens@
arms,
&5 Recommend to %ongress effective measures to
minimize election spending3 including limitation of
places where propaganda materials shall be posted3
and to prevent and penalize all forms of election frauds3
offenses3 malpractice3 and nuisance candidates
05 Submit to the +resident and %ongress a
comprehensive report on the conduct of each election3
plebiscite3 initiative3 referendum or recall,
III. *#TERS: +,ALI)ICATI#N an! REGISTRATI#N
+ualifiations for suffrage -Se./ Art. */ Consti0:
E exercised by all citizens of the +hilippines not
dis8ualified by law
11
A))lica&le $"l5 i# t(e C$melec is e",a,e% i" t(e
)er#$rma"ce $# 6+asi--+%icial #+"cti$"s
E at least .< years of age
E has resided in the +hilippines for at least &
months immediately preceding the election
no literacy3 property3 or other substantive
re8uirement shall be imposed
., 'ny person who has transferred residence to
another place shall not be deemed to have lost his
original residence,
2, 'n immigrant or a permanent resident 4 of
another country5 who is recognized as such in the
host country is dis8ualified
.2
,
-unless he executes and affidavit declaring that
he shall resume actual3 physical3 permanent
residence in the +hilippines not later than $ years
from approval of his registration under said 'ct and
that he had not applied for citizenship in another
country
- an execution of affidavit is not an enabling or
enfranchising act to prove the intention of the
immigrant to resume residency in the +hilippines,
The affidavit re8uired must be one which serves as
an explicit expression that he had not abandoned
his domicile of origin
&is1ualifiations -se ..2/ %P 22.0:
'ny
person sentenced by final udgment to suffer
imprisonment for not less than one year
4unless granted a plenary pardon or an
amnesty5? but right is reac8uired upon the
expiration of ( years after service of sentence
'ny
person adudged by final udgment of having
committed any crime involving disloyalty to the
government or any crime against national
security 4unless restored to full civil and
political rights in accordance with law5? but right
is reac8uired upon the expiration of ( years
after service of sentence,
9nsan
e or incompetent person as declared by
competent authority,
Registration of *oters
., Registration does not confer the right to vote,
.$
2, =eneral registration of voters,
$, System of %ontinuing Registration,
12
'(e Overseas A&se"tee V$ti", Act $# 2333
13
It is &+t a c$"%iti$" )rece%e"t t$ t(e e/ercise $# t(e ri,(t.
7e,istrati$" is a re,+lati$"2 "$t a 6+ali#icati$".
No registration during the period starting .2#
days before a regular election and "# days
before a special election,
:, 9lliterate or disabled voters,
-may register with the assistance of the
election officer or any member of an accredited citizen@s
arms
-his application may be prepared by any
relative within the :
th
civil degree of consanguinity or
affinity or any election officer or any member of an
accredited citizen@s arms
(, Election Registration -oard
.:
No member of the board shall be related to
each other or to any incumbent city or
municipal elective official within the :
th
civil
degree,
&, %hallenges to right to register
- any voter3 candidate or representative of a
registered political party
- must be in writing and under oath
0, ;eactivation of Registration
'ny person who has
been sentence by final udgment to suffer
imprisonment for not less than one year
'ny person who has
been adudged by final udgment by a
competent court or tribunal of having caused1
committed any crime involving disloyalty to
the duly constituted government,
'ny person declared
by competent authority to be insane or
incompetent
.(
,
'ny person who did
not vote in 2 successive preceding regular
elections,
'ny person whose
registration has been ordered excluded by
the court,
'ny person who has
lost his Filipino citizenship,
<, Reactivation of Registration
- any voter may file with the election officer a
sworn application for reactivation of his
registration through an affidavit stating that the
1
Electi$" $##icer (c(airma")
Mem&ers8
!+&lic Sc($$l $##icial
L$cal civil re,istrar $r i# a&se"t9
Cit5 $r M+"ici)al 'reas+rer
15
+"less s+c( %is6+ali#icati$" (as &ee" s+&se6+e"tl5
rem$ve% &5 a %eclarati$" $# a )r$)er a+t($rit5 t(at s+c(
)ers$" is "$ l$",er i"sa"e $r i"c$m)ete"t.
grounds for deactivation no longer exists any
time but not later than .2# days before a
regular election and "# days before a special
election,
", +reparation and +osting of %ertified 7ist of Aoters
- "# days before a regular election and &# days
before a special election
Inlusion an! E3lusion Proee!ings
*T% has the original and exclusive
urisdiction
decided within .# days from the date of its
filing
may be appealed to the RT% within ( days
from receipt of notice
no *R shall be entertained
+etition for 9nclusion
o ' petition to include a person@s
name in the permanent list of voters in his
precinct
.&
4except .#( days prior to regular
election or 0( days prior to special election5
+etition for exclusion
'ny registered
voter3 representative of a political party or the
Election 6fficer3 may file with the court a
sworn petition for the exclusion of a voter
from the permanent list of voters anytime
4except .## days prior to regular election or
&( days prior to special election5
I*. P#LITICAL PARTIES
Party4List System
-a mechanism of proportional representation in
the election of representatives to the )ouse of
representatives from national3 regional and sectoral
parties or organizations or coalitions thereof registered
with the %omelec
.0
Politial Party
-refers to an organized group of citizens
advocating an ideology or platform3 principles and
policies for the general conduct of government and
which3 as the most immediate means of securing their
adoption3 regularly nominates certain of its leaders and
members as candidates for public office, 9t may be
national or regional party,
16
S+))$rte% &58
Certi#icate $# %isa))r$val $r (is a))licati$"
!r$$# $# "$tice $# (is )etiti$" +)$" t(e &$ar%.
1.
7A .11
-sectoral party refers to an organized group of
citizens belonging to any sectors
- sectoral organization refers to a group of
citizens or a coalition of groups of citizens who share
similar physical attributes or characteristics3
employment3 interest3 or concerns,
-coalition refers to an aggrupation of duly
registered national3 regional3 sectoral parties or
organizations for political and1or election purposes,
Registration
- the group must register with the
%omelec by filing such not later than
"# days before the election as verified
petition stating its desire to participate
in the party-list system
Groups 'hih annot (e Registere! as Politial
Parties
., religious denominations or sects
2, those who seeB to achieve their goals through
violence and unlawful means
$, those who refuse to uphold or adhere to the
%onstitution
:, those supported by foreign government
Groun!s for Canellation of Registration
E 9t is a religious sect or denomination3
organization or association organized for
religious purposes
E 9t advocates violence and unlawful means to
seeB its goal
E 9t is a foreign party or organization
E 9t is receiving support from any foreign
government3 foreign political party3 foundation3
organization
E 9t violates or fails to comply with laws relating to
elections
E 9t declares untruthful statements in its petition
E 9t has ceased to exist at least one year
E 9t fails to participate in the last 2 preceding
elections3 or fails to obtain at least 2C of the
votes cast under the party-list system in the 2
preceding elections for the constituency in
which it was registered,
*. CAN&I&ATES5 CERTI)ICATES of CAN&I&AC6
+ualifiations
E prescribed by law
E continuing re8uirements
E must be possessed upon his proclamation
&is1ualifiations
., Dnder the 6mnibus Election code 4-+ <<.5
+ declared as incompetent or insane by
competent authority
+ -sentenced by final udgment for subversion3
insurrection3 rebellion or any offense for which
he has been sentenced to a penalty of more
than .< months imprisonment
+ sentenced by final udgment by a crime
involving moral turpitude
+ any person who is a permanent resident of or
an immigrant to a foreign country
2, Dnder the 7=%
+ those sentenced by final udgment for an
offense punishable by one year or more of
imprisonment3 within 2 years after serving
sentence,
+ those convicted by final udgment for violating
the oath of allegiance to the Republic of the
+hilippines
+ those with dual citizenship
+ fugitives from ustice in criminal and non-
political case here and abroad
+ +ermanent residents in a foreign country or
those who have ac8uired the right to reside
abroad and continue to avail of the same right
after the affectivity of the 7=%,
+ those who are insane or feebleminded
$, 'dditional =rounds for ;is8ualification
+ 6ne who has given money or other material
consideration to influence3 induce or corrupt
the voters or public officials performing
electoral functions
+ 6ne who committed acts of terrorism to
enhance his candidacy
+ 6ne who spent in his election campaign an
amount in excess of that allowed by the %ode
+ 6ne who has solicited3 received or made
contributions prohibited under the law,
+ 6ne who committed violations during the
campaign period,
Certifiate of Can!i!ay
., Effect of filing certificate of candidacy
- officials in appointive offices including active
members of 'F+ and officers of =6%%s shall
be considered ipso facto resigned
2, Formal ;efects
-cannot be a ground to annul the cert of
candidacy
$, ;eath3 dis8ualification or withdrawal of candidate,
-only a person belonging to and certified by the
same party may file a cert, of candidacy for the
office not later than mid-day of the election
:, /ithdrawal of %ert of %andidacy
- dis8ualification
(, Filing of 2 certificates of %andidacy
-ineligibility for the position
&, ;uty of %omelec
-deny due course to or cancel a certificate of
candidacy under -+ <<.
-ministerial duty to receive and acBnowledge
receipt of the certificates of candidacy
0, 9nstances when the %omelec may go beyond the
face of the certificate of candidacy
- nuisance candidates
-petition to deny due course or to cancel a
certificate of candidacy
-filling of a dis8ualification case
<, Effect of ;is8ualification case
- any candidate who has been dis8ualified shall
not be voted for and votes cast for him shall not
be counted
-%omelec may suspend proclamation when the
evidence of the winning candidate@s guilt is
strong
- the decision of the %omelec in dis8ualifying
the candidate is not yet final and executory on
election day and -oard of Election may still
tally votes cast
-petition for dis8ualification shall not be treated
as 8uo warranto
*I. CA$PAIGN5 ELECTI#N PR#PAGAN&A5
C#NTRI%,TI#NS AN& E7PENSES
Eletion ampaign or partisan politial ativity
'n act designed to promote the election or
defeat of a particular candidate or candidates
to public office
prohibited except during campaign period
Statement of Contri(utions an! E3penses
every candidate and treasurer of the political
party shall file in duplicate with the %omelec3
the full3 true and itemized statement of
contributions and expenditures in connection
with the election
filed $# days after the election
covers also those who withdrew as candidates
after having filed their certificates