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Election Law Review

Alberto C. Agra

Flow
1) Commission on Elections 2) Voters and Voter Registration 3) Elective Ofcials and Candidates 4) Campaign 5) Elections: Postponement and Failure 6) Election Day: Casting and Counting 7) Canvassing and PreProclamation Cases 8) Post-Proclamation: Election Protest, Quo Warranto, Annulment and Election Offense

1) Commission on Elections
Enforcement: All election laws (persons and policies) Judicial Power: Qualications, Election Contests, Not suffrage Jurisdiction: Original - Regional, Provincial and City; Appellate Municipal, Barangay and Sangguniang Kabataan Recourse: En Banc (MR, administrative) and Division (1st instance, judicial) Process: Division - MR to En Banc - Certiorari to SC

1) Commission on Elections
Judicial: Disqualication, Election Protest, Quo Warranto, PreProclamation, Annulment of Proclamation Administrative: Failure of Elections, Postponement of Elections, Election Offense, Annulment of Book of Voters Contempt: Judicial, not Administrative

2) Voters: Concepts
Suffrage is a Right, Not Obligation Qualications dened in Constitution Procedural Requirements allowed, Substantive not allowed Disqualications dened in Statute Must allow: Absentee Voting, Dual Citizens, Disabled and Illiterates to Vote Relationship with Right to Run for Ofce

2) Voters: Qualications
Filipino Citizen At least 18 years of age on election day Resident in Philippines for at least 1 year prior to election day Resided in place wherein propose to vote for at least 6 months prior to election day Free from Disqualications In order to vote, must be a registered voter

2) Voters: Disqualications
Sentenced by nal judgment imprisonment of 1 year or more Sentenced to suffer accessory penalty political rights Adjudged by nal judgment crime involving disloyalty Court-declared insane and incompetent persons

2) Voters: Registration
Continuing Computerized List 200 Voter-Precinct Permanent but may be changed (+ or -): New Voters; Transfer; Deactivation and Activation; Cancellation; Inclusion and Exclusion; and Annulment of Book of Voters

2) Voters: Opposition
Where Oppose? Election Registration Board How Oppose? File Written Opposition Why Oppose? Not Qualied, Fictitious

2) Voters: Deactivation
When Disqualied to Vote Failed to Vote in 2 preceding elections When Registration Excluded by the Court When Lose Filipino Citizenship

2) Voters: Inclusion/ Exclusion


Where File? MTC (not Comelec), then RTC Grounds? Disapproval or Name Stricken Out (Inclusion); Not Qualied or Voter Not Real (Exclusion)

2) Voters: Inclusion/ Exclusion


File Petition (refer to 1 precinct; ERB members as Respondents) Service of Notice (4 modes) Any Voter, Candidate or Political Party may Intervene Summary Proceedings (not conference inside Chambers) Presentation of Evidence (No Stipulation of Facts) Decision within 10 days from Filing Appeal with RTC (5 days)

2) Voters: Annulment of BV
Where File? COMELEC Who Files? Any Voter, EO or Party What Grounds? Book Prepared Improperly, Preparation Attended with Vice or Fraud, Book contains Statistically Improbable Data

2) Voters: Election Day


Illegal Voter Not registered; Use another name; Disqualied; Multiple Registrant (allowed to vote if properly identied) Illegal Act Vote-Buying; Vote-Selling; Vote-Betting: Promise to induce or withhold vote (allowed to vote if take oath)

3) Ofcials: Elective
National Ofce President; Vice-President; Senators (24; 1/2); Representatives (District and Party-List) Local Ofce LCE: Governor, Mayor and Punong Barangay; VLCE: Vice-Governor and Vice-Mayor; Sanggunian Members; Sangguniang Kabataan

3) Ofcials: Party-List
Multi-Partism/ Party Loyalty/ Social Justice Exclusive to Marginalized/ Nominees Organic Only in House (20% of Total) 2% Threshold (and until lled up) 3-Seat Maximum

3) Ofcials: Candidate
Denition: Seeks public ofce and les certicate of candidacy Effect of Non-Filing: Not a candidate (re: liability for unlawful acts and omissions) Effect of Filing: On Tenure of Incumbents (elective and appointive)

3) Ofcials: Substitution
2 Grounds Death, Withdrawal and Disqualication Both Substituted and Substitute must be Qualied When? Up to mid-day of election day (Rules might set earlier deadline) Substitute? Qualied and Same Party (or spouse) Substituted can no longer run for any other position/ Withdrawal not affect liabilities Votes cast for substituted stray unless same surname

3) Ofcials: Qualications
Set by the Constitution (for national) and statutes (for local) Citizenship Age Residency Registered Voter Literacy Free from Disqualications Undergo Drug Test under CDDA of 2002 (unconstitutional)

3) Ofcials: Disqualications
Lack qualications/ possess some disqualications Violate Term Rule (1-2-3 terms) Commission of an election offense Nuisance Candidate Sentenced by Final Judgment accessory penalty Willfully Commits Material Misrepresentation No valid, timely and properly led certicate of candidacy

3) Ofcials: Disqualications
Lack of Qualications Where File: Comelec Division When File: Before Proclamation If Not File: Quo Warranto

3) Ofcials: Disqualications
Election Offense What Offenses? Vote-Buying, Terrorism, Unlawful Expenditures, Unlawful Campaign, Coercion of Subordinates, Threats, Prohibition against Release of Public Funds Where File? Comelec Division When File? Before Proclamation If Not File? Election Protest and/ or Election Offense

3) Ofcials: Disqualications
Nuisance Candidate Who Is? Campaign Capability, Intention, Performance, Exposure, Platform, Party Afliation, Organization, Profession, Income, Health, Education, Name Where File? Comelec Division When File? Within 5 days from Last Day Filing of Certicate of Candidacy If Not File: No remedy

3) Ofcials: Disqualications
Misrepresentation Misrepresentation must be Material (pertains to Qualications and Disqualications) and Willful/ Deliberate; Even if there is Misrepresentation, if actually Qualied Not Disqualied Where File? Comelec Division When File? 25 days from Filing of CoC If Not File: No remedy

4) Campaign: Concept
Denition: Act designed to promote or defeat a candidate Determining Factor: Intent/ Design (not all acts of benecence are considered campaigning) Application: All Candidates for All Elective Ofces Current Framework: Regulated but Liberalized

4) Campaign: Allowable Forms


Forming Organizations Holding Rallies Making Speeches Distributing Campaign Materials Soliciting Votes Publishing Advertisements

4) Campaign: Propaganda
Paid Political Advertisements Free Space and Airtime Use of Gadgets and Billboards Private Poster Areas Posting in Private Places Election Surveys and Exit Polls

4) Campaign: Written Forms


Printed Materials (8.5Wx14L) Letters Posters (2x3), Poster Areas (12x16) Rally Streamers (3x8)

4) Campaign: Paid Ads


Print:
th 1/4

page in broadsheet, in tabloid 3x a week

Television: 120 minutes (for national) and 60 minutes (for local) Radio: 180 minutes (for national) and 90 minutes (for local)

5) Elections: Postponement
Grounds: Force majeure, Violence, Terrorism, Loss or Destruction of Election Paraphernalia, and Analogous Causes Extent: Serious and Impossible to have free and orderly elections Conditions: Grounds must exist before voting Authority: Comelec en banc (petition or motu propio)

5) Elections: Failure
Grounds: Force majeure, Violence, Terrorism, Fraud, and Analogous Causes Extent: Failure to elect and affect results of elections Conditions: Election not held or suspended, After voting, During preparations or transmission of election returns, Canvassing Authority: Comelec en banc (petition)

6) Election Day: Pre-Casting


Polling Places are Opened Election Paraphernalia and Book of Voters Presented and Examined in Public BEI Chair Opens Ballot Box (turn upside down) BEI Locks Ballot Box BEI Chair and Poll Clerk Sign at the Back of Each Ballot Watchers Present their Credentials

6) Election Day: Casting


Voters Vote in Order of their Entrance Voter Approaches BEI Chair BEI Veries Identity BEI Chair Announces Name (Voter may be Challenged: Illegal Voter or Illegal Acts) Voter Signs in EDCVL BEI Chair Enters Ballot Number in EDCVL

6) Election Day: Casting


BEI Chair Signs at the Back of Ballot BEI Chair Delivers 1 Ballot to Voter Voter Proceeds to Voting Booth (If Voter spoils ballot, must be surrendered and given another) Voter Delivers Folded Ballot to BEI Chair Voter Afxes Thumbmark in Coupon BEI Chair Veries Ballot Number Voter Afxes Thumbmark in EDCVL

6) Election Day: Casting


Chair applies indelible ink on right forenger nail of voter BEI Chair Signs EDCVL BEI Chair Detaches Coupon and Deposit Folded ballot in Compartment for Valid Ballots and Coupon in Compartment for Spoiled Ballots Voter Departs

6) Election Day: Counting


Counting in Public and Without Interruption Ballot Box Opened and Ballots Counted Excess Ballots Disposed of Marked Ballots Ascertained and Not Counted Ballots Unfolded, then Placed in Piles of 100, then Read Ballots of 1st Pile 1-by-1, BEI Chair Afxes Thumbmark, Totals after Reading of each Pile During Counting, Chairperson reads names, Poll Clerk Records on Election Returns, 3rd Member Records on Tally Board

6) Election Day: Counting


Rules on Appreciation Followed (Objections may be made) Valid Ballot Intent Rule 3 Ss: Surname, Sitting Ofcial (Incumbent) and Slate Distinguish Stray Vote and Invalid Ballot

6) Election Day: Counting


Proclamation of Results (Alterations and Corrections can be made Before Announcement) Sealing of Counted Ballots and Election Returns and Certication of Tally Sheet Issuance of Certicate of Votes Delivery of Ballot Boxes and Election Paraphernalia to Local Treasurer 7 Copies of Election Returns Distributed

7) Canvassing: Concepts
Collegial Body: Board of Canvassers Determination: Due execution and authenticity of ERs and CoCs Scope: Canvassing, Pre-Proclamation Controversies or Manifest Errors, and Proclamation

7) Canvassing: Pre-Proc
Grounds Exclusive (BoC Composition/ Proceedings and ER/ CoC) No Pre-Proclamation Cases for National Positions (only Manifest Errors) Face of Election Returns (No evidence aliunde) Not violence, voting, voters, appreciation of ballots 2-Objection Rule: Verbal then Written

7) Canvassing: Pre-Proc
ER/ CoC Delayed or Destroyed Delayed (retrieval) Lost or Destroyed (use other copies; with Comelec authority)

7) Canvassing: Pre-Proc
Material Defects Material Defects: Name of Candidate Omitted, or Votes of Candidate Omitted (BEI to correct or recount) Formal Defects: Not Sealed with Inner Paper Seal, No Outer Paper Seal/ Seal Broken, # of Registered Voters Not Stated, No Closing Signature by BEI, Not Signed by Watchers

7) Canvassing: Pre-Proc
ER/ CoC Falsied/ Spurious Grounds: Not Signed by BEI, Prepared by Non-BEI, No Security Markings, Prepared by BEI under Duress, or Contain Erasures (affect integrity) Recourse: use other copies or recount

7) Canvassing: Manifest Errors


Any Palpable Error Copies of ER tabulated more than 1x 2 Copies of ER tabulated separately Mistake in adding Mistake in copying of gures in statement of votes ERs from non-existent precincts canvassed

8) Post-Proc: Election Protest


Grounds: Fraud and Irregularities in Casting, Counting and Canvassing Documents in Question: Ballots, ERs and CoCs Venue: P/VP; Senators; Representatives; Regional; Province; City; Municipality; Barangay Requirements: Filed by candidate; Within period; Protestee proclaimed; Payment of ling fee; Allegations of fraud; Identify precincts; Veried; Certicate of non-forum shopping Procedure: Revision; Trial If prosper: protestee removed, true winner proclaimed

8) Post-Proc: Quo Warranto


Grounds: Disloyalty to Republic; Ineligibility Venue: Same as Election Protest If prosper: Respondent ousted; special elections or succession

8) Post-Proc: Annulment
Grounds: Proclamation based on irregular and illegal canvass Venue: Comelec division Effect: Proclamation annulled

8) Post-Proc: Election Offense


Grounds: Violation of Election Code, Commission of Prohibited Acts Investigation: Law Department or Prosecutors Venue: Regional Trial Court Effect: Disqualication, Fine/ Imprisonment