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Election Law: 1st

ELECTION LAW Under: Judge Palamos SUFFRAGE: right to vote in the election of officers chosen by the people in the determination of questions submitted to the people. Includes: election, plebiscite, initiative and referendum AS A RIGHT: expression of the sovereign will of the people AS A PRIVILEGE: not granted to everybody but to such persons as are most likely to exercise it for the purpose of the public good. (SUBJ: substantive and procedural requirements)  RIGHT TO VOTE is different from the right to register. A person may register before he is 18 years old, but he must be at least 18 years old on the day of election. 1. When what is involved in the case is purely administrative, and not quasi-judicial in nature; 2. When the required number of votes to reach a 
 decision, resolution, order or ruling is not 
 obtained in the division. 3. Where the petitioner invoked the jurisdiction of the COMELEC en banc, participated in its proceedings and sought relief therefrom, in which instance he is estopped to subsequently question the jurisdiction of the COMELEC en banc 4. Petitions for the postponement, declaration of failure of election and the calling of special elections; and 5. The COMELEC en banc has the power to prosecute election cases, and in the exercise of such prosecutory power, it conducts preliminary investigation, decides whether or not there exists a probable cause and files the corresponding information in court

ELECTION: means by which the people choose their officials for a definite and fixed period and to whom they entrust for the time being the exercise of the powers of the government a. REGULAR – one provided by law for the election of officers either nationwide or in certain subdivisions; AFTER the full term of the former officers b. SPECIAL – one held to FILL a vacancy in office BEFORE the expiration of the full term for which the incumbent was elected. THEORIES ON SUFFRAGE 1. Natural right – natural and inherent – not disqualified 2. Social expediency – public function conferred upon citizen 3. Tribal - attribute as a member of the State 4. Feudal – vested privilege 5. Ethical – necessary and essential means for the development of society PHILIPPINES: privilege and obligation Australian system (strict secrecy in balloting) CONSTITUTIONAL MANDATE ON CONGRESS 1. Provide: secrecy and sanctity of the ballot and for absentee voting by QUALIFIED Filipinos abroad 2. Provide: for absentee voting 3. Overseas Absentee Voting Act 4. To design a procedure for the disabled and the illiterate to vote without the assistance of other persons ELECTION PERIOD: Unless otherwise fixed by the COMELEC in special cases, election period: 90 days before the DAY of election and shall end 30 days THEREAFTER. COMELEC Jurisdiction General Rule: The COMELEC sitting en banc does NOT have the requisite authority to hear and decide election cases in the first instance. This power pertains to the divisions of the Commission. Any decision by the Commission en banc as regards election cases decided by it in the first instance is null and void. Exceptions: MMCN

Composition: (a) chairman (b) 6 commissioners Qualifications: (a) Natural born citizens (b) Time of appointment at least 35 years of age (c) Holders of a college degree (d) Not candidates for any elective position in the immediately preceding election (e) Majority + Chairman members of PH Bar: engaged in practice of law for at least 10 years.

Appointment: (a) Chairman: appointed by President with consent of COA 7 YEARS without reappointment (b) 3 members: 7 years (c) 2 members: 5 years (d) 1 member 3 years Absence: absence of chairman – President cannot appoint from the members; this would become the discretion of the COMMISSION; not exercised by the President Powers and Functions: 1. Enforcement and Administration of Election Laws and Regulations 2. 
 Power to ensure free, honest, orderly credible and peaceful elections. 3. Rule Making Power 4. Quasi-Legislative Functions 5. Quasi-Judicial Power 6. Contempt and Subpoena 7. Auxiliary writs and processes 8. Specific Powers: a. Power to declare failure of elections Two conditions must concur before the COMELEC can act on a petition seeking 1

Must be voluntary. and ii. No power to include and exclude voters
 MMCN Currently. every copy should be as good and as clear as the first one. Residency can either mean domicile or temporary residence TO EFFECT A TRANSFER OF DOMICILE: Demonstrate: a. b. jurisdiction to decide controversies on . Powers NOT Granted to the COMELEC: 1. Right is acquired upon the expiration of 5 years after service of sentence c. however. Power to correct manifest errors in election documents
 . d. violence. g. This stand-by power.A. Resident of PH for at least 1 year b. the election resulted in failure to elect. 9369. *The cause of such failure of election could only be any of the following: force majeure. Intention to abandon the old domicile iv. e. c. inclusion or exclusion of voters belongs to the Municipal Trial Court. however. CONGRESS may NOT add qualifications but can provide for procedural requirements and disqualifications. no matter where he may be found. j. Power to order recanvass of votes Power to annul or suspend proclamation of 
 elected candidates Power to annul an illegal canvass Power to transfer polling places Power to Transfer Venue of Canvassing of 
 Votes Power to order opening of ballot boxes Power to conduct initiative and plebiscite i. Right is acquired upon the expiration of 5 years after service of sentence b. or where he. If he transfers residence due to his occupation or employment – NOT DEEMED to have lost his original residence b. DOMICILE – reference to the 1-year period in the PH i. No power to decide questions involving the right to vote 2. RESIDENCY REQUIREMENT: a.Election Law: 1st to declare a failure of elections: No voting took place in the precinct 
 or precincts on the date fixed by law. 8 of R. 8189. which provides for a continuing registration of voters. It should not be later than 30 days after the cessation of the cause of the postponement or suspension of the election or failure to elect.A. An actual or removal or change of domicile b. the Comelec should see to it that: i. TEMPORARY RESIDENCE – reference to the 6-month residency in the place where he wants to vote. ANY PERSON sentenced by final judgment to suffer IMPRISONMENT not less than one year (unless granted a plenary pardon or an amnesty) i. Power to postpone election. fraud. specifically states that: “No registration shall. Insane or incompetent persons as declared by authority NOTE: These qualifications are continuing requirements. does not apply to fixing the date of registration of votes because Sec. f. VOTERS: Qualifications for suffrage: exercised by ALL citizens of the PH not otherwise disqualified by law. terrorism. suspended or which resulted in the failure to elect. c. the problem of manifest errors might be a thing in the past. Deputization of Peace Officers Investigatory and Prosecutorial Power Deputization of or Endorsement to 
 Prosecutors Power of exclusive control and supervision over the Automated Election System: Stand-by Power of COMELEC: If it shall no longer be reasonably possible to observe the periods and dates prescribed by law for certain pre-election acts. i. Hence. or even if there was voting. k. and ii. Acts which correspond with that purpose 2 a.In fixing the date for special elections. Physical presence in the country ii.With the introduction of the PCOS System pursuant to R. or other analogous cases. i. i. a. The votes not cast would have affected the result of the elections. Other Specific Powers: a. At least 18 years of age c. be conducted during the period starting one hundred twenty (120) days before a regular election and ninety (90) days before a special election. b. Disqualifications MUST NOT amount to qualifications Residence – one’s domicile or legal residence Where a party actually or constructively has his permanent home. ANY PERSON adjudged by final judgment of having been COMMITTED any crime involving DISLOYALTY to the government OR any crime against NATIONAL SECURITY (unless restored to full civil and political rights in accordance with law) i. Intention to remain iii. Power to call for special elections
 . the Commission shall fix other periods and dates in order to ensure accomplishment of the activities so voters shall not be deprived of their suffrage. eventually intends to return and remain. Disqualifications: a. Bona fide intention of abandoning the former place of residence and establishing a new one c. It should be reasonably close to the date of the election not held. must concur b. Resided in the place wherein they propose to vote for at least 6 months immediately preceding the election NOTE: No (a) illiteracy (b) property or (c) other substantive requirements shall be imposed on the exercise of suffrage. h.

not a qualification. under 18. Adjudged by final judgment by a competent court of having committed any crime involving DISLOYALTY to the duly constituted govt (rebellion. 4. Not applied fir citizenship in another country. he must be registered in the PERMANENT LIST OF VOTERS for the city or municipality in which he resides. OVERSEAS ABSENTEE VOTING – QUALIFIED Filipinos abroad may be allowed to vote under a system congress will provide. Has an approved application to vote in absentia *Actual residency is dispensed with. DISQUALIFICATION – same grounds 3 3. physical. Must file an affidavit: a. Registration is a REGULATION. LOST FIL citizenship e. Reacquire after the expiration of 5 years after service of sentence c. 1. Insane or incompetent persons as declared by competent authority d. who re-acquire PH citizenship under Dual Citizenship Law shall be deemed citizens of PH. NO REGISTRATION shall. permanent residence within 3 years from approval of registration b. b. TO BE ELECTED TO PUBLIC OFFICE – renounce foreign citizenship c. An immigrant or permanent resident UNLESS he executes an affidavit: a. At least 18 c. Intention to resume actual. 5. Persons who have the QUALIFICATIONS of a voter BUT who happen to be temporarily abroad 2. permanent residence within 3 years from approval of registration b. AKBAYAN CASE: SC upheld the action of the COMELEC denying the petitioner’s request for two additional registration days in order to enfranchise more than 4 million youth between the ages 18-21. YRA CASE GENERAL REGISTRATION OF VOTERS SYSTEM OF CONTINUING REGISTRATION a. etc) i. TO WHOM ABSENTEE VOTING APPLIES 1. physical. i. Sentenced by Final judgment to suffer imprisonment not less than 1 year b. NEW SYSTEM OF REGISTRATION: continuing registration of voters WHEREBY application for registration of voters shall be conducted daily in the office of the ELECTION OFFICER during regular office hours and all applications for registration shall be heard and processed on a QUARTERLY BASIS by the ERB. TO BE APPOINTED – swear an oath of allegiance to the AND renounce foreign citizenship OVERSEAS ABSENTEE VOTING ACT (RA 9189) – ensures equal opportunity to all qualified citizens of the PH abroad to exercise their right to vote in the NATIONAL ELECTIONS 1. FOR 1 & 2: may be removed by plenary pardon or amnesty ii. plebiscite or referendum. Registration DOES NOT confer the right to vote. ii. Expressly renounced PH citizenship and who have pledged allegiance to a foreign country f. DISQUALIFICATIONS: a. . Free from disqualifications d.Election Law: 1st  Failure to undertake affidavit ANIMUS MANENDI coupled with ANIMUS NON REVERTENDI o Intention of remaining and returning Failure to undertake affidavit yet voted Failure to resume residency Failure to resume residency yet voted Removal of name from the list and permanent disqualification Imprisonment of not less than 1 year Removal of name form list Imprisonment of not less than 1 year DUAL CITIZENSHIP LAW – former natural-citizens who acquired foreign citizenship through NATURALIZATION are deemed not to have lost their PHILIPPINE citizenship under conditions provided in this act. DOMESTIC ABSENTEE VOTING – public officials stationed in places other than the place where he is a registered voter are ALLOWED to vote in the place of their work (police officers. school teachers) 2. In order that a QUALIFIED elector may vote in election. it’s just a condition precedent to the exercise of the right. Registration does not confer the right to vote. QUALIFICATIONS: a. Intention to resume actual. ACT MMCN EFFECT 2. military personnel. REQUIREMENT FOR NATURALIZED CITIZENS: a. It shall be the duty of every citizen to register and cast his vote. Personal filing of application of registration of voters shall be CONDUCTED daily in the office of the election officer during regular office hours. QUALIFIED voters who are in the Philippines but are temporarily absent from their voting places REGISTRATION OF VOTERS: Registration – refers to the act of accomplishing and filing of a sworn application for the 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. TO VOTE – swear an oath of allegiance b. however be conducted during the period STARTING 120 days before a regular election and 90 days before a special election. DERIVATIVE CITIZENSHIP – unmarried child. Registered overseas absentee voters f. whether legit or illegit. Fil Citizen b. Has not applied for citizenship in another country e. it is but a CONDITION precedent to the exercise of the right.

Any person declared by competent authority to be insane or incompetent i. REACTIVATION OF REGISTER Any voter whose registration has been DEACTIVATED may file with ELECTION OFFICER a sworn application for reactivation of his registration in the form of an affidavit stating that the grounds for deactivation NO LONGER exist any time i. UNLESS: restored to his full civil and political rights in accordance with law ii. f. 7. b. b. BOARD COMPOSED OF: (a) election officer as chairman and (b) members. 9. INCLUSION & EXCLUSION PROCEEDINGS PETITION FOR INCLUSION: o Any person o Whose application for registration has been disapproved by the Board or whose name has been stricken out from the list o MAY FILE with the court a petition to INCLUDE his name in the PERMANENT LIST OF VOTERS in his precinct o At ANY TIME except 105 days PRIOR to a regular election OR 75 days PRIOR to a special election. o The petition shall be DECIDED within 15 after its filing. PROVIDED: regain to vote automatically upon expiration of 5 years from service of sentence. REGIONAL & NATIONAL central files. ILITERATE or DISABLED – may register with the ASSISTANCE of the election officer OR any member of an ACCREDITED citizen’s arms. sedition. Deactivation b. May be prepared by any relative within the fourth civil degree of consanguinity OR affinity OR election officer OR any member of an accredited citizen’s arms – USING THE DATA SUPPLIED BY THE APPLICANT. Annulment of book of voters e. the public school official most senior in rank and the local civil registrar or treasurer. Transfer of residence DISLOYALTY to the govt (such as: rebellion. d. Cancellation of registration in case of death d. WATCHER IN EVERY REGISTRATION BOARD: registered party or organizations as may be authorized by the Commission. violation of the anti-subversion and firearms laws. c. Provided: any person disqualified to vote shall automatically reacquire the right to vote upon expiration of five years after service of sentence as certified by the clerks of courts. along with a list of deactivated voters CATEGORIZED by precinct per barangay shall also be posted in the office of the ELECTION OFFICER and in the bulletin board of each city/municipal hall.Election Law: 1st 6. Annulment of book of voters iii. c. crimes against national security) i. Copies of the certified list. POST APPROVAL REMEDIES: i. e. NO MEMBER: shall be related to each other to any incumbent city or municipal elective official within the 4th civil degree of consanguinity or affinity. Petition for exclusion 11. ii. a. 8. Any person who has been ADJUDGED by final judgment by a competent court or tribunal of having caused any crime involving MMCN . PREPARATION AND POSTING OF THE CERTIFIED LIST OF VOTERS a. Election officer shall SUBMIT such application to the Election Registration Board for appropriate action. b. UNLESS: proper authority declared that such person is no longer insane or incompetent Any person who DID NOT VOTE in the 2 SUCCESSIVE preceding regular elections as shown by their VOTING RECORDS (Sangguniang Kabataan election NOT INCLUDED) Any person whose REGISTRATION has been ordered EXCLUDED by the court Any person who has LOST his Filipino citizenship. a. o It shall be SUPPORTED by a certificate of DISAPPROVAL or HIS APPLICATION and proof of service of notice of his petition upon the Board. Voter b. 12. Petition for inclusion ii. PETITION FOR EXCLUSION 4 10. Exclusion/Inclusion c. HEARING: 3rd Monday of the month DECISION: rendered before the end of the Month. Any person who has been sentence by final judgment to suffer imprisonment for NOT LESS THAN 1 year (not having been removed by plenary pardon or amnesty) i. BUT NOT LATER than 120 days before a regular election and 90 days before a special election. CHALLENGES TO RIGHT TO REGISTER: a. The BOARD shall prepare and post a certified list of voters 90 days before a regular election and 60 days BEFORE a special election & furnish copies thereof to the PROVINCIAL. DEACTIVATION OF REGISTRATION BOARD shall deactivate the registration and remove the registration records of the following persons: [inactive file after entering the cause/s of deactivation] a. ALTERATION OF BOOK OF VOTERS: a. shall be under oath attached to the application + proof of notice of hearing to the challenger and the applicant FILED: not later than the 2nd Monday of the month in which the same is scheduled to be heard or processed by the Election Registration Board. New voters f. Representative Of a registered political party may CHALLENGE in writing any application for registration stating the GROUNDS therefor. Candidate c. ELECTION REGISTRATION BOARD – there shall be in EACH CITY and MUNICIPALITY as many election registration boards as there are election officers therein.

JURISDICTION IN EXCLUSION/EXCLUSION CASES a. Name has been stricken out EXCLUSION CASES May be filed ANYT IME except 100 days before regular elections Or 65 days before special elections Grounds: 1. NO COST assessed against any party in these proceedings. INCLUSION CASES May be filed ANY TIME except 105 days before regular elections Or 75 days before special elections Grounds: 1. HIS NON-APPEARANCE on the day set for hearing shall be PRIMA FACIE evidence that the challenged voter is fictitious. similar irregularity h. DECISION – based on the evidence presented and in no case rendered upon a stipulation of facts. forgery c. e. PETITION – heard and decided within 10 DAYS from the date of its filing. impersonation. g. RULES: a. i. b. CANDIDATE or POLITICAL PARTY affected by the proceedings may intervene and present his evidence. IF COURT: finds that the application has been FILED solely to harass the adverse party and cause him to incur expenses – SHALL ORDER the culpable party to pay the costs and incidental expenses. Application for registration has been disapproved by the board 2. Fills up a higher office (succession or operation of law) 2. ANNULMENT OF BOOK OF VOTERS Commission Upon verified petition of any voter or election officer or duly registered political party And AFTER notice and hearing ANNUL ANY BOOK OF VOTERS that is not prepared in accordance with the provisions of this law OR was prepared through fraud. Decision of RTC – final and executor. COURTS decide these petitions NOT LATER THAN 15 days before the election and iii. fraud b. Not intertwined with the rights of expression and association Not entitled to constitutional protection CONGRESS: may not add to the qualifications for elective officials provided in the CONSTITUTION o It may do so for elective officials NOT PROVIDED in the Constitution BAN: (local officials only) Official has been elected for 3 consecutive terms in the same LOCAL GOVT post Fully served 3 consecutive terms Elected in a regular election 1. i. Where incumbent MAYOR loses in election protest BUT the decision of the RTC was promulgated after the service of the term NOT SERVICE OF FULL TERM: 1. date & time of the hearing of the petition shall be served upon the members of the CHALLENGED voter upon filing of the petition. IF: WON voter is real or fictitious. Petition ONLY ONE precinct and IMPLEADED the board as respondents d. exclusion or correction of names of voters shall be FILED during office hours. There is NO CONSITUTIONAL right to run for or hold public office WHAT IS RECOGNIZED: privilege subject to limitations imposed by law. c. intimidation. The decision shall become FINAL and EXECUTORY. ADDRESS & PERCINCT of the challenged voter At ANY TIME except 100 days PRIOR to a regular election OR 65 days PRIOR to a special election The petition shall be ACCOMPANIED by proof of notice to the BOARD and to the CHALLENGED VOTER And shall be decided WITHIN 10 days from its filing. MTC – original. NO ORDER. contains data that are statistically improbable CANDIDATES CANDIDATE: .  Not a ground for a pre-proclamation contest. force d. b. ii.A person aspiring for or seeking an elective public office who has filed by himself or through an accredited political party a certificate of candidacy at the start of the campaign period. c. Prepared THROUGH: a. GROUNDS FOR ANNULMET OF BOOK OF VOTERS: [FIBS] Not prepared in accordance with law. SERVICE OF FULL TERM: 1. bribery. RTC – decide within 10 days d. e. Force or any similar irregularity. Ghost voters Requires a sworn petition 2. OR which contains data that are statistically improbable. representative of a political party or Election Officer May file with the court A sworn petition for the exclusion of a voter from the permanent list of voters Giving the NAME. bribery g. intimidation e. Suspended form office (failed to serve full term) 5 MMCN .Election Law: 1st o o o o o o o Any registered voter. CASES appealed to the RTC shall be decided within 10 days from receipt of its appeal. Not qualified or possessing disqualification 2. impersonation f. Petition for inclusion. NO motion for reconsideration shall be entertained. f. i. May be appealed to RTC within 5 days from receipt c. 3-TERM a. When municipality has been converted to a city and area on inhabitants of the locality are the same and 3-term mayor continued to hold office until such time as city election are held. Flying voters 3. RULING or DECISION annulling a book of voters shall be executed within 90 days BEFORE an election. ANY VOTER. respective municipalities b. NOTICE of the place. 2. forgery.

EXCEPTION: party-list representatives are elected through proportional representation. at least 25 on the day of election 3. i. Any person who is a permanent resident of or an immigrant to a foreign country (UNLESS: HE HAS WAIVED HIS STATUS) – green card is an ample proof II. Registered voter 4. Resident at least 1 year ipe 4. IF: removed from office BEFORE the effectivity of LGC Jan 1. rebellion or any offense for which he has been sentenced to a penalty of more than 18 months imprisonment.SK HOLD OVER PRINCIPLE – term of local officials is 3 years BUT SEC 5 RA 9164 – authorizes the hold0over of incumbent brgy officials UNTIL their successors are elected. 1992 – NOT DISQUALIFIED. natural born At least 25 o the days of election Able to ready and write Resident for a period of NOT LESS THAN 1 YEA immediately preceding the day of election Bona fide member of the sector he seeks to represent 6. at least 40 years old on the day of the election 5. Sentenced by final judgment for subversion. [4] OMNIBUS ELECTION CODE BP881: a. 3. Those convicted by final judgment for violating the oath of allegiance to the Republic of the Philippines d. 4. Those with dual citizenship i. resident of the Philippines for at least 10 YEARS immediately rpeceding the day of the election SENATORS 1. Once any of the required qualifications is LOST. (Declare under oath that one will maintain true faith and allegiance to the Constitution) iii. Fugitive from justice – not only those who flee after conviction to avoid punishment but likewise those who. b. RENOUNCE FOREIGN CITIZENSHIP. 2. Dual citizenship v. (Must be clear and unequivocal terms that he is renouncing all foreign citizenship) e. 4. On election day. Sanngunian members 1. BP 22 – crime involving morel turpitude (conviction: guilty of deceit and relates to and affects the good moral character of the person) ii. Citizen of PH 2. 5. SG panglungsod 21 – mayor or vicemayor of ICC. [7] LGC (RA 7160) – FOR LOCAL ELECTIVE OFFICE ONLY a. 23 years old – G. IF: Under probation – still a disqualification. d. his title to the office may be seasonable challenged. able to read and write 4. i. Mayor. IF: has a dual citizenship – it is enough that they ELECT PH CITIZENSHIP upon the filing of their certificate of candidacy to terminate their status as persons with dual citizenship. c. MMCN Sectoral Reps 1. Fugitives from justice in criminal and non-political case here and abroad i. natural born citizen 2. registered voter in the fistrict which he shall be elected 5. Mayor. or province. resident in the same district for a period of NOT LESS THAN 1 YEAR immediately preceding the day of election Disqualifications: I. Registered voter in the brgy. Those removed from office as a result of an administrative case i. natural born citizen 2. registered voter 3. or in the case of SG panlalawigan. after being charged. SG Panlalawigan. at least 35 on the day of election 3. able to read and write 4. VG. it’s only for the suspension of sentence. LGC cannot be given retroactive effect. Violation of the Anti-fencing law – involves moral turpitude d. Punong BRGY. Dual allegiance – only disqualified when a person is under a conflict of laws of different countries ii. Sentenced by final judgment for a crime involving moral turpitude. One who lost his citizenship and thereafter reacquires it by taking oath of allegiance – HE MUST PERSONALLY swear to an oath renouncing foreign citizenship at the time of the filing of the certificate of candidacy. VG. Declared incompetent or insane by competent authority b. Unseated – in order to vacate by reason of declaration of failure of election or an election protest Served unexpired term after winning the recall elections Assuming local govt post (even if served for 3 consecutive terms) after winning a recall election (since not considered an immediate re-election) b. municipality.Election Law: 1st 3. Resident of PH for not less than 2 years immediately preceding the day of election District Reps 1. c. WHEN QUALIFICATIONS BE POSSESSED: LGC – does not specify any particular date (Fil Citizenship) PH CITIZENSHIP: ensure that no alien shall govern our people Official begins to govern only upon his PROCLAMATION and on the day that his term begins. flee to avoid prosecution Governor. Repatriation retroacts to the date of filing Qualifications: PRESIDENT/VP 1. natural born citizen 2. insurrection. 6 . SG bayan pr punong brgy 15-18 . CC or municipalities 18 – SG panglungsod. ii. age must be: a. panglungsod or bayan the district where he intends to be elected 3. VMayor. Able to read and write Filipino or any other language 5. Mayor who was removed from office by the Sanggunian Panlalawigan c. within 2 years after serving sentence. Those sentenced by final judgment for an offense punishable by one year or more of imprisonment. GR: PH – elective officials elected by plurality of vote. Qualifications: CONTINUING REQUIREMENTS and must be possessed for the duration of the officer’s active tenure.

Receiving officers – ministerial duty to RECEIVE and ACKNOWLEDGE receipt of COC 6. Death b. Only candidates who are members of and are nominated by a party can be substituted. 7 1. shall be disqualified from continuing as candidate or if he has been elected. an OFFICIAL CANDIATE of a registered political party DIES. public utilities or exploitation of natural resources. medical clinics. EXCEPTION: A candidate for a brgy elective office notwithstanding the policy that brgy elections are non-partisan can be substituted by his/her spouse. cockfights. Officials holding appointive offices including active members of AFP and officers of GOCC shall be considered IPSO FACTO resigned RULES IN FILING COC: 1. RESTRICTIONS. One who spent in his election campaign an amount in excess of that allowed by the Code d. boxing bouts. undue influence] President Not eligible for any reelection No person who has succeeded the President and served as such for more than 4 years shall be qualified for election to the same office at any time General disqualification VP Not serve for more than 2 consecutive terms General disqualifications Senators Not serve for more than 2 consecutive terms CERTIFICATE OF CANDIDACY 1. Required to be under oath. VG. Not serve for than 3 consecutive terms General disqualifications General disqualifications Additional grounds for disqualification: (Sec 68. BP 881) After having filed a certificate of candidacy. Sec 89 (transportation. 2. bridges. Sec 97 (raising of funds through lotteries. etc) e. educational institutions receiving grants from the govt. 1. Sec 83 (removal. Those who are insane or feebleminded 1. Cannot be elected UNLESS he files COC within the prescribed period 2. Sanngunian members MMCN . school buildings roads. 2. Sec 85 (prohibited forms of propaganda) iv. 3. b. COC NOT canceled: if failed to specify position sought (can be supplied) 2. food and drinks) ii. One who has violated the provisions of: i. such as lack of the required oath. etc) v. g. One who has given money or other material consideration to influence. Luna complied with the requirements for a valid substitution – even if Hans was disqualified – luna could validly substitute for hands GROUNDS FOR SUBSITUTION: a. Violated the provisions of Sec 261 (election offenses) [vote-buying. include or corrupt the voters or public officials performing electoral functions b. Withdrawal c. COC: personally or authorized representative 4. franchise holders or concessionaires.Election Law: 1st f. conspiracy to bribe voters. Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail the same right after the effectivity of the LGC. Omission to indicate his precinct number and the particular brgy where he is a registered voter – NOT SUFFICIENT ground to disqualify the candidate. Punong BRGY. Death. Disqualification GR: No substitution is allowed for an independent candidate. 3. III. cannot be annulled on the sole ground of FORMAL DEFECTS in his certificate. Formal defects in the certificate of candidacy a. from holding the office: a. NOT ELIGIBLE: if he files more than 1 position (unless cancels or retains one) 3. Mayor. Sec 86 (regulation of propaganda through mass media) f. and PROCESSES involving candidates (GENERAL EFFECT) 5. 2. officials of the Civil service or the AFP. Sec 80 (campaign period) ii. Sec 95 (public or private financial institutions. Effect of filing certificate of candidacy a. beauty contests. One who committed acts of terrorism to enhance his candidacy c. contractors of public works or other government contracts. One who has solicited. foreigners or foreign corporations) iii. bingo. Enough that he is a registered voter. Luna filed – vice-mayor as substitute for Hans Roger who withdrew his COC. WITHDRAWSS or is DISQUALIFIED for any cause. Upon filing: candidate already covered by RULES. a. Sec 96 (foreign-sourced contributions) iv. Sec 104 (prohibited contributions to churches. only a person belonging to and certified by the same political party may file a certificate of candidacy for the office not later than MID-DAY OF THE DAY OF THE ELECTION. Disqualification or withdrawal of candidate: IF: after the last day for the filing of certificates of candidacy. the ff. District Representatives Governor. destruction of lawful election propaganda) iii. LGC does not require these data to be indicated in the certificate. received or made contributions under: i.

Running under a slate 3. a. COMELEC ii. Properties 9. No person who ahs withdrawn his candidacy for a position shall be eligible as a substitute candidate for any other position. Commission has no discretion to give or not to give due course to a certificate of candidacy filed in due form – MAY LOOK INTO PATEN DEFECTS IN THE CERT: it may not go into matters not appearing on their face. Political party affiliations and support 7.Election Law: 1st i. Petition to deny cue course or to cancel a COC: PETITION may be file dexclusively on the ground that any material representation contained in the certificate as required by Sec 74 is FALSE. Profession 12. – CAN BE FILED DIRECTLY WITH: i. Office of the provincial election supervisor of the province iv. or any of the other grounds for ineligibility. To cause CONFUSION among the voters by the similarity of the names of the registered candidates or 3. 5. FILING OF TWO CERTIFICATES OF CANDIDACY a. 2. and thus PREVENT a faithful determination of the true will of the electorate. Office of the municipal election officer of the municipality b. 8. MMCN 8 . Substitute candidate may FILE his COC no LATER THAN mid-day of election day 4. REFUSE to give due course to or CANCEL a certificate of candidacy if its is shown that the said certificate was filed: 1. the prescriptive period should be applied strictly. i. without proper proceedings. Popularity 8. Educational attainment 13. iv. ii. SUBSTITUTE: must be qualified to hold office and must be a member of the party 6. Similarity in name causes confusion 14.PETITION may be filed not later than 25 days from the time of the filing of the COC and shall be decided AFTER due notice and hearing. Filing of withdrawal shall NOT affect the civil. 7. the COMELEC shall have only the ministerial duty to receive and acknowledge receipt of the certificates of candidate. b. residence. NUISANCE CANDIDATES: one who has no bona fide intention to run for the office and would thus prevent a faithful determination of the true will of the people. not later than 15 days before the election. RULES ON SUBSTITUTION: 1. A person without a valid COC cannot be considered a candidate and therefore cannot be substituted 3. Any candidate may withdraw anytime BEFORE election day 2. deny due course to or cancel a coc on the ground that any MATERIAL REPRESENTATION therein is false. Court may only compel the Comelec to exercise its discretion and resolve the matter BUT it may not control the manner of exercising such discretion. Organization and machinery 4. WITHDRAWAL OF COC – shall effect the DISQUALIFICATION of the candidate to be elected for the position. Comelec division – jurisdiction over a petition to CANCEL a COC (not within Comelec en bank) 1. a. Filed a petition for the cancellation of COC on the ground that he latter made a false material representation in his certificate when he said that he is eligible for the office sought to be elected to since he had been CONVICTED of violating BP 22 (moral turpitude) iii. Comelec may upon verified petition of an interested party. To deny due course or to cancel a cert entails the EXERCISE by the Comelec of its quasi-judicial. criminal. He may withdraw one of his certificates by filing a SWORN DECLARATION with the Commission before the deadline of COC DUTY OF THE COMELEC – Subject to its AUTHORITY over nuisance candidates and its power to DENY due course to or CANCEL a certificate of candidacy under Sec 78 BP 881. or administrative liabilities the substituted candidate may have already INCURRED. COMELEC may not by itself. Political exposure 10. 2 certs for DIFF offices – he becomes INELIGIBLE for either position. THE WITHDRAWAL of the WITHDRAWAL must be made within the period provided by law for the filing of certificates of candidacy. FACTORS TO BE CONSIDERED: 1. Filed beyond the 25-day period: where the disqualification is based on age. Qualifications and disqualifications ii. Capability to wage nationwide campaign 2. b. Sec 73. Allows substitution and intervention but only by a REAL PARTY IN INTEREST 7. Income 15. Intention to run for office 11. Regional election director iii. Performance in previous elections 5. . Facsimile of a petition for disqualification is NOT a genuine pleading. (Candidate must be notified and be given the OPPORTUNITY to present evidence in his behalf) INSTANCES WHEN THE COMELEC MAY GO BEYOND THE FACE OF THE COC: a. Platform of government 6. To put the ELECTION PROCESS in mockery or disrepute 2. not simply administrative powers. VALID SUBSTITUTIONS: votes cast are considered STRAY except if the substitute candidate ahs the same surname 4. b. By other circumstances or acts which CLEARLY demonstrate that the candidate has NO BONA FIDE intention to run for the office for which the certificate has been filed. 5. 6. which mandates that the affidavit of withdrawal does not provide that it should be done in the same office where the certificate of candidacy to be withdrawn was filed.

inquiry and protest and UPON MOTION of the complainant of intervenor. Proceedings are summary in character and require only a clear preponderance or evidence 3. vii. Filing of disqualification case on any of the grounds enumerated in Sec 68 BP 881: i. Jurisdiction of COMELEC to disqualify candidates is LIMITED to those enumerated in Sec 68 BP 881. The one who obtained the highest number of votes is disqualified b. Deliberate and there is intention ot defraud the electorate 2. and the votes cast for him shall NOT be counted. ELECTORAL 1. Lacking qualifications ii. ii. DISQUALIFICATION CASES: a. rebellion or an offense which he ahs been sentenced to a penalty of MORE THAN 18 months OR crime involving MORAL TURPITUDE. EXCEPT: a. Plenary authority to the Comelec – it has jurisdiction over proclamation and disqualification cases a. When candidate uses the name of her longtime live-in partner OR states a false profession b. 5. v. “MAY” permissive 3. 1. (Comelec. SUMMARY: (Petition to deny or cancel certificates of candidacy) WHO CAN FILE: Any party HOW: petition to deny due course or cancel certificate of candidacy UNDER OATH WHEN: any time NOT LATER than 25 days from filing of COC of the candidate WHERE: Comelec must decide the case not later than 15 days before election (period not mandatory however) 8. False and material representation in the COC 1. MATERIAL c. believed that he was qualified since there was no intention to deceive the electorate as to one’s qualifications for public office. which ma even include disqualification from holding a future public office. WHEN: candidate is actually qualified even f the entries in the COC as filled up by the candidate is not Disqualification under LGC Nuisance candidates Election offenses enumerated under 68 (1st: prohibited acts and fact of their permanent residency in other country) Declared insane or incompetent by competent authority Sentenced by final judgment for subversion. Requisites: a. ASPECTS: i.prelim inv on the alleged offense for the purpose of prosecuting the alleged offenders before the courts of justice. Not quo warranto (question the right to hold an office) because it is unquestionably premature. unless given plenary pardon/amnesty c. Filing COC for more than 1 office iii. Proof beyond reasonable doubt 5. CRIMINAL CONVICTION – result in the disqualification of the offender. c. 4. iv. IF: already been proclaimed as winner – comelec is mandated to dismiss a complaint for the disqualification of a candidate who has been charged with an election offense. may during the pendency thereof order the SUSPENSION OF THE PROCLAMATION of such candidate whenever the evidence of his guilt is strong. The electorate is fully aware in fact and in law of the candidate’s disqualification so as to bring such awareness with the realm of 9 MMCN . IF: decision is NOT yet final and executor – Board of election inspectors. insurrection. IF: there is probable cause – COMELEC’s law dept files the criminal information before the proper court 4. determines probable exists or not 3. NOTE: suspend proclamation only when the evidence of guilt is strong 2. 1. ii. i. Whether there is probable cause to charge a candidate for an election offense 2. vi. EFFECTS OF DISQUALIFICATION CASE – any candidate who has been declared by final judgment to be disqualified shall NOT be voted for. 9.Election Law: 1st c. MUST BE FALSE b. 8. IF: filed after the election – subject to summary hearing. Prosecutor is the COMELEC. CRIMINAL ASPECT 1. – This would amount to disenfranchising the electorate in whim SOVEREIGNTY resides. Whether the offender should be disqualified from being a candidate or form holding office 2. Doctrine requiring the rendition of judgment within a specified period is generally construed to be MERELY directory. viii. GROUNDS: i. 7. in the exercise of its ministerial duty. votes should be considered null and void. When candidate supported by preponderance of evidence. and hearing of the action. Erring candidate may be disqualified even without prior determination of PROBABLE CAUSE in a prelim inv. is UNDER OBLIGATION to count and tally votes cast in favor of the candidate. IF DELCARED TO BE DISQUALIFIED and he is voted for and receives winning number of cotes – COMELEC or court shall continue with trial. All other election offenses are beyond the ambit of the comelec. INCORRECT ARGUMENT: since a candidate has been disqualified. Votes would not automatically go to second-placer 6. b. NO FALSE REPRESENTATIONS: a.

30187. To become a qualified candidate a person does not need to register as an elector. AKBAYAN – Youth. through the extraordinary writ of mandamus. Facts: Abaño is a native of the municipality of Meycauayan. Nevertheless. RTC Judge Anastacio Teodoro ruled in favor of Abaño. PRESCRIPTION OF ELECTION OFFENSES: a. not disqualified by law). 10 . at least 18 y. he considered himself a resident of Meycauayan. the requirements for the right of suffrage are in Section 1. as amended. MMCN Whether respondent COMELEC committed grave abuse of discretion in issuing COMELEC Resolution denying the request. the exercise of the right of suffrage. November 15. Registration regulates the exercise of the right of suffrage but it is not a qualification for such right. The Executive Bureau has held that the term "qualified" when applied to a voter does not necessarily mean that a person must be a registered voter. The Administrative Code in section 2174. but this was rejected by the city officials for the reason that it was not deposited in the mails on or before April 4. Aggrieved by the denial. in giving the qualifications of elective officers. he registered as a voter there. to disapprove the request for additional registration of voters on the ground that Section 8 of R. The fact that a candidate failed to register as an elector in the municipality does not deprive him of the right to become a candidate to be voted for. 1928. It was the consensus of the group.A. Held: YES. vice-president elect of Meycauayan challenged the right of Maximo Abaño on the ground that the latter is ineligible. 8189 explicitly provides that no registration shall be conducted during the period starting one hundred twenty (120) days before a regular election and that the Commission has no more time left to accomplish all preelection activities. notoriety but would nonetheless cast their votes in favor of the ineligible candidate. petitioners filed the instant Petition for Certiorari and Mandamus. Jose P. MAXIMO ABAÑO GR No. From May 10. Article V of the Constitution. as in the enjoyment of all other rights. et al. He transferred to Manila to complete his education. which seeks to set aside and nullify respondent COMELEC’s Resolution and/or to declare Section 8 of R. respondents March 26. also provides that “an elective municipal officer must. 8189 unconstitutional insofar as said provision effectively causes the disenfranchisement of petitioners and others similarly situated. 2001 PONENTE: Buena FACTS: Petitioners representing the youth sector seek to direct the COMELEC to conduct a special registration before the May 14. While residing in Manila. it is but a condition precedent to the exercise of the right. Shortly after qualifying as a member of the bar and after the death of his father. It is sufficient that he possesses all the qualifications prescribed in section 431 and none of the disqualifications prescribed in section 432. in section 404 provides that “No person shall be eligible … for any elective … municipal office unless. he shall f ile a duly sworn certificate of candidacy. the right of a citizen to vote is necessarily conditioned upon certain procedural requirements he must undergo: among others. and it is not one of the elements that makes the citizen a qualified voter. 3584. 8189. 1927. of new voters ages 18 to 21. Said certificate shall declare … that he is a resident of the … municipality … in which his candidacy is offered. Issue: Whether or not Maximo Abaño was eligible to hold said office. the process of registration required under Sec. is subject to existing substantive and procedural requirements embodied in our Constitution. 6 months-residency in the place where to vote. Marcos Yra. According to petitioners.8 of Republic Act No. ought to be exercised within the proper bounds and framework of the Constitution and must properly yield to pertinent laws skillfully enacted by the Legislature. Registering does not confer the right. around four million youth failed to register on or before the December 27. Bulacan. to conduct a special registration of new voters. 2001 General Elections. On February 8. at the time of the election.) CASES: MARCOS YRA VS. he returned to Meycauayan to live.Election Law: 1st 9. 1928. Prescribes after 5 years from the date of their commission b. he made an application for cancellation of registration in Manila which was dated April 3. the right of suffrage. Needless to say. A. COMELEC called a consultation meeting among regional heads and representatives and a number of senior staff.o. Substantially. J. petitioners vs. (citizen. 8189. NO Whether the SC can compel respondent COMELEC. the right of suffrage ardently invoked by petitioners is not at all absolute. As to the procedural limitation. the COMELEC issued Resolution No. that he is a duly qualified elector therein. in his Law of Elections of the PH Islands: One of the qualifications required by law of a person who announces his candidacy is that he must be a duly qualified elector. be a qualified voter in his municipality and must have been resident therein for at least one year …” According to Sen. 1 year-residency in the Phil.. ISSUE: a.) HELD: In a representative democracy such as ours. although accorded a prime niche in the hierarchy of rights embodied in the fundamental law. Laurel. the will of the electorate should be respected. The act of registering is only one step towards voting.. he presented himself as a candidate for municipal president of Meycauayan in the 1928 elections and was elected by popular vote to that office. When the 1928 elections were approaching. statute books and other repositories of law. NO b. One’s eligibility is not affected by his failure to register. otherwise known as the “Voter’s Registration Act of 1996. denying the request to conduct a two-day additional registration on February 17 and 18. 2000 deadline set by the respondent COMELEC under Republic Act No. and that he is eligible to the office”. One may be a qualified voter without exercising the right to vote. Petitioners invoke the so called “standby” powers or “residual” powers of the COMELEC.” The act of registration is an indispensable precondition to the right of suffrage. The Election Law. To be sure. 1928. Ponente: Malcolm. COMMISSION ON ELECTIONS. IF: discovery is made in an election contest – prescription shall commence on the date which the judgment in such proceedings becomes final and executor. Hence. within the time fixed by law.

contrary to the accepted and customary rule of right and duty between man and woman. Let no one come to court with unclean hands. Also. respondent COMELEC simply performed its constitutional task to enforce and administer all laws and regulations relative to the conduct of an election. Acting on his motion. As to the meaning of “moral turpitude. Sec 72 of the OEC has already been repealed by Sec 6 of RA 6646 which states: “…. the speck in their eyes. whimsical and arbitrary manner. 1992 a disqualification case was filed against him by private respondent Roberto Ortega. The COMELEC acted within the bounds and confines of the applicable law on the matter -Section 8 of RA 8189. the COMELEC issued the assailed decision disqualifying Labo as a candidate for the position of Mayor of Baguio City. On April 24. On March 27 and April 1. Here. COMELEC GR No. the Court cannot. according to Cagas. On on March 26.” the Court has consistently adopted the definition in Black’s Law Dictionary as “an act of baseness. Nor did it declare that such offense constitutes moral turpitude when committed by a member of the Bar but is not so when committed by a nonmember. ON the same day Ortega filed an urgent motion to have the May 9 resolution implemented. who was also a candidate for the same position. the COMELEC suspended the proclamation of LABO after he received the highest number of votes in the election. Still. The Court finds this contention erroneous as the Court did not make a distinction whether the offender is a lawyer or a non-lawyer. much less be adjudged to have committed the same in some patent. On May 13. well-entrenched is the rule in our jurisdiction that the law aids the vigilant and not those who slumber on their rights. Labo did not present any evidence to answer the allegation. or credit with. They admit in their petition that they failed to register. or conduct contrary to justice. 8436. petitioner argues that the principle of res judicata does not apply in citizenship. or for a crime involving moral turpitude shall be disqualified to be a candidate and to hold any office. Labo argues that he is a Filipino citizen by virtue of Sec 72 of the Omnibus election code as it operates as a legislatively mandated special repatriation proceeding and that it allows hi s proclamation as the winning candidate since the resolution disqualifying him as not yet final at the time the election was held. In issuing the assailed Resolution. Vigilantis sed non dormientibus jura in re subveniunt. On the same day. This element manifests moral turpitude.A.A. VILLABER vs. or for any offense for which he has been sentenced to a penalty of more than eighteen months. a crime which. ISSUE: Whether a violation of BP 22 Blg 22 involves moral turpitude HELD: YES. 1992 the disqualification case was set for reception of evidence. injure the banking system and eventually hurt the welfare of society and public interest. 8189 applies in the present case. unless he has been given plenary pardon or granted amnesty. or depravity in the private duties which a man owes his fellow men. Labo filed a motion to stay the implementation of the decision. In his answer to the disqualification suit. modesty. The “stand-by power” of the respondent COMELEC under Section 28 of R. 22. involves moral turpitude. Atty. or to society in general. respondent COMELEC issued orders requiring Labo to answer the charges but the latter did not respond. 1992 Ponente: BIDIN J. The MMCN mischief it creates is not only a wrong to the payee or holder. vileness. either on appeal or certiorari. Impuris minibus nemo accedat curiam. in issuing Resolution No. the Court ruling that LAbo is not a Filipino citizen. Facts: Ramon Labo was a candidate for mayor of Baguio city in the May 11. 22 does not involve moral turpitude. One of the elements of the offense is that the accused knows at the time of the issuance of the check that he or she does not have sufficient funds in. or has been sentenced by final judgment for subversion. within the period of registration and came to this Court and invoked its protective mantle not realizing. the COMELEC issued a resolution allowing Labo to continue to be voted upon as candidate for City Mayor of Baguio subject to the final outcome of the case in the event the isse is elevated to the Supreme Court. the COMELEC issued another order directing the Election Registrar of Baguio City to personally deliver the summons. Labo vs Comelec July 3. the drawee bank for the payment of check in full upon its presentment.” Petitioner also contents that the pronouncement in People v. but also an injury to the public since circulation of valueless commercial papers can very well pollute the channels of trade and commerce. in view of the very nature of such extraordinary writ. On May 4.if for any reason a candidate is not declared by final judgment before an election to be disqualified and he is voted for and receives the winning number of votes in such election. 1992 elections. 2001 PONENTE: Sandoval-Guittierez FACTS: Petitioner Pablo Villaber and respondent Douglas Cagas were rival candidates for a congressional seat in the 1st District of Davao Del Sur during the 2001 elections. Villaber countered that his conviction has not become final and executor because the decision was not remanded to the trial court for promulgation in his presence. the 11 . Cagas filed a petition to disqualify Villaber and to cancel the latter’s certificate of candidacy. Issue: whether Labo is a Filipino citizen because he won the elections and was overwhelmingly voted upon by the citizens of Baguio city Held: No. November 15. or good morals. The petitioners in the instant case are not without fault or blame. rebellion. In a similar vein.Election Law: 1st Section 8 of R. for whatever reason. ruling that a violation of BP Blg. He alleged in the said petition that Villaber was convicted for violation of Batas Pambansa Blg. COMELEC disqualified Villaber. Ortega therein presented the decided case of Labo vs COMELEC. 148326. On May 15 Labo filed a petition with the COMELEC praying that he be declared as a Filipino citizen. Fe Tuanda insofar as it states that conviction under BP 22 involves moral turpitude does not apply to him since he is not a lawyer. 22 involves moral turpitude. As to petitioners’ prayer for the issuance of the writ of mandamus. issue the same without transgressing the timehonored principles in this jurisdiction. 3584. Section 12 of the Omnibus Election Code provides that “any person who has been declared by competent authority insane or incompetent. alleging that petitioner is not aFilipino citizen. insurrection. Respondent COMELEC did not commit an abuse of discretion. so to speak. honesty. presupposes the possibility of its being exercised or availed of. that the May 9 resolution be set aside and to proceed with his proclamation in the event he wins the elections. and not otherwise. On May 9. Furthermore. Petition DENIED. he averred that this cannot be the basis for his disqualification since BP Blg.

4116. His election does not automatically restore his Philippine citizenship. can be premised on Section 12 or 68 of the OEC. in the case of a member of the sangguniang panlalawigan. nor does petitioner claim that he has reacquired Philippine citizenship by any of these methods. particularly where such nuisance candidate has the same surname as that of the legitimate candidate. petitioner Casimira Dela Cruz ran for and was elected member of the Sangguniang Bayan (SB) of Bugasong. a petition to deny due course to or cancel a CoC can only be grounded on a statement of a material representation in the said certificate that is false. The will of the people expressed through the ballot cannot cure the vice of ineligibility. the possession of which is an indispensible requirement for holding public office. 4116 not to consider the votes cast for a nuisance candidate stray but to count them in favor of the bona fide candidate. by naturalization.” DELA CRUZ vs COMELEC November 13. may during the pendency thereof order the suspension of the proclamation of such candidate whenever the evidence of his guilt is strong. Consequently. Finally. a petition to cancel or deny a COC under Section 69 of the OEC should be distinguished from a petition to disqualify under Section 68. were properly tallied in her favor. private respondent admits that the voters were properly informed of the cancellation of COC of Aurelio because COMELEC published the same before election day. Strictly speaking. 39 of the OEC: Qualifications: an elective local official must be a citizen of the Philippines. based on different grounds. to those registered candidates whose COC’s had been cancelled or denied due course. 4116 considering the votes cast for a nuisance candidate declared as such in a final judgment. She contends that she would have clearly won had the votes cast for Aurelio. 2012 PONENTE: Villarama. On the basis of Resolution No. On the other hand. Sec. Pacete who was the declared winner. However. a cancelled certificate cannot give rise to a valid candidacy. making her total garnered votes 6. panlungsod or bayan. the 532 votes cast for Aurelio N. Clearly. Aurelio Dela Cruz also filed a certificate of candidacy for the same position. At this point. JR FACTS: In the 2001. 4116 is more consistent with the rule wellensconced in our jurisprudence that laws and statutes governing election contests especially appreciation of ballots must be liberally construed to the end that the will of the electorate in the choice of public officials may not be defeated by technical infirmities. or Section 40 of the LGC. and able to read and write Filipino or any other local language or dialect. It does not appear in the record . city or province or. The COMELEC issued a resolution declaring Aurelio as a nuisance candidate and cancelling his CoC. as in this case. 12 . HRET. confused with a “Section 68” petition.921 as against the 6. the Court applied the rule in COMELEC Resolution No.Election Law: 1st Court or the Commission shall continue with trial and hearing of the action. on the one hand. The petitions also have different effects. such infirmities and delays in the delisting of nuisance candidates from both the Certified List of Candidates and Official Ballots only made possible the very evil sought to be prevented by the exclusion of nuisance candidates during elections.32 Indeed. Obviously. citizenship may be reacquired by direct act of Congress.428 votes of private respondent John Lloyd M. that the candidate was qualified. While a person who is disqualified under Section 68 is merely prohibited to continue as a candidate. the votes cast for him should not have been considered stray but counted in favor of petitioner. Aurelio was declared a nuisance candidate long before the May 10. as our electoral experience had demonstrated. remains a good law. If a person seeks to serve in the Republic of the Philippines. as if he/she never filed a CoC. Dela Cruz during the elections of May 10. the votes cast shall not be considered stray but shall be counted and tallied for the bona fide candidate. Antique. a petition for disqualification. But should these votes cast for the candidate whose COC was cancelled or denied due course be considered stray? COMELEC: “the decision or resolution of a DIVISION on nuisance candidate. Petitioner was declared as the dulyelected Vice-Mayor of the Municipality of Bugasong. 2010 elections. as if he/she never filed a COC. ISSUE: Whether or not the votes cast for Aurelio should be counted in favor of petitioner Casimira? HELD: In the case of Martinez III vs. especially if they mistakenly believed. In which case. upholding the former rule in Resolution No. totalling 532. Dela Cruz and not considered stray votes. Subsequently. Said votes cannot be counted in favor of the candidate whose COC was cancelled as he/she is not treated as a candidate at all. 2004 and 2007 elections. and much less to valid votes. As earlier discussed. Petitioner lost in the election by a margin of 39 votes. the person whose certificate is cancelled or denied due course under Section 78 is not treated as a candidate at all. his name was not deleted in the certified list of candidates. or by repatriation. To emphasize. Antique. Petitioner filed a petition to declare Aurelio a nuisance candidate on the ground that he filed his CoC to put the election process in mockery and to cause confusion among voters due to the similarity of their surnames. he must owe his total loyalty to this country only. a petition to cancel or deny due course to a COC under Section 69 as in Section 78 cannot be treated in the same manner as a petition to disqualify under Section 68 as what COMELEC did when it applied the rule provided in Section 72 that the votes cast for a disqualified candidate be considered stray.” As was ruled in the earlier case of Labo vs Comelec. inquiry or protest and upon motion of the complainant or any intervenor. the legal effect of such cancellation of a COC of a nuisance candidate cannot be equated with a candidate disqualified on grounds provided in the OEC and Local Government Code Moreover. Petitioner filed her certificate of candidacy for the position of Vice-Mayor of the Municipality of Bugasong for the 2010 elections. a registered voter in the barangay. the district where he intends to be elected. They are different remedies. we must stress that a “Section 78” petition ought not to be interchanged or MMCN A stray vote is invalidated because there is no way of determining the real intention of the voter. this rule requires strict application when the deficiency is lack of citizenship. municipality. Hence. notstray but counted in favor of the latter. 2010 should have been counted in favor of Casimira S. We hold that the rule in Resolution No. Labo was disqualified as a candidate. abjuring and renouncing all fealty and fidelity to any other state. a resident therein for at least one (1) year immediately preceding the day of the election. and resulting in different eventualities. particularly where the nuisance candidate has the same name as the bona fide candidate shall be immediately executory after the lapse of five (5) days unless a motion for reconsideration is seasonably filed.

Election Law: 1st MMCN 13 .