POLITICAL LAW REVIEWER

An organized group of persons pursuing the same ideology, political ideas

or platforms of government including its branches and divisions.

ELECTION LAWS
Types of Political Parties

Election

Embodiment of the popular will, the expression of the sovereign

power of the people.

Components:

1) Registered Parties:
1.

Dominant Majority Party usually the administration party;

entitled to a copy of election return

2.

Dominant Minority Party entitled to a copy of election return

Choice or selection of candidates to public office by popular vote

3.

Majority Political Party

Conduct of the polls

4.

Top 3 Political Parties entitled to appoint principal watcher and a

copy of the certificate of canvass

Listing of votes

5.

Bottom 3 political parties entitled to appoint principal watcher

Holding of Electoral campaign

Act of casting and receiving the ballots from the voters

Counting the ballots

Making the election returns

Proclaiming the winning candidates

Regular election refers to an election participated in by those who

possess the right of suffrage and not disqualified by law and who are
registered voters.
Special election is when there is failure of election on the scheduled
date of regular election in a particular place or which is conducted to fill up
certain vacancies, as provided by law.

2) Non-registered parties
Criteria to Determine the Type of Political Party
1.

Established Record of the said parties, showing in past elections

2.

Number of Incumbent Elective Officials

3.

Identifiable political organizations and strengths

4.

Ability to fill a complete slate of candidates

5.

Other analogous circumstances

Grounds for Challenging the Voter

1.

Illegal voters ( Not Registered / Using the name of another /

disqualified )

2.

Based on certain illegal acts (Vote buying)

Political Parties
Definition (Omnibus Election Code)

Acquisition of Juridical Personality

It is acquired upon registration with the COMELEC.

2.5 Fugitives from justice in criminal or non-political cases here or abroad

Forfeiture of Status as a Registered Political Party

2.6 Permanent residents in a foreign country or those who have acquired

the right to reside abroad and continue to avail of the same right

The status shall be deemed forfeited if the political party, singly or in

coalition with others, fails to obtain at least 10% of the votes cast in the
constituency in which it nominated and supported a candidate/s in the
election next following its registration. There shall be notice and hearing.

2.7 Insane or feeble-minded

1.

Nuisance candidate

Candidates

2.

Violation of sec 73 of OEC with regard to certificate of candidacy

Rules on Filing of Certificates of Candidacy

3.

Violation of sec 78 which is material misrepresentation of reqts

under sec. 74.

1.

2.

3.

4.

No person shall be elected into public office unless he files his

certificate of candidacy within the prescribed period
No person shall be eligible for more than one office. If he/she files
for more than one position, he shall not be eligible for all unless he
cancels all and retains one
The certificate of candidacy shall be filed by the candidate
personally or by his duly authorized representative.

* Disqualifications (from continuing as a candidate or from holding the

office if already elected):
Any candidate, who in an action or protest in which he is a party is
declared by final decision of a competent court guilty of, or is found by the
Commission of having:
1.

Given money or other material consideration to influence, induce

or corrupt the voters or public officials performing electoral
functions.

2.

Committed acts of terrorism to enhance his candidacy

3.

Spent in his election campaign an amount in excess of that allowed

by the Omnibus Election Code )

4.

Solicited, received or made any contribution prohibited under this

Code

5.

Violated any of the following sections: Section 80, 83, 85,86,261

6.

Permanent resident of or an immigrant to a foreign country shall

not be qualified to run for any elective office UNLESS he/she has
waived his/her status as a permanent resident/immigrant of a
foreign country in accordance with the residence requirement
provided for under election laws.

Upon filing, an individual becomes a candidate, he is already

covered by rules, restrictions and processes involving candidates.

Grounds for Disqualification

1.

Election offenses under Sec 68 of the Omnibus Election Code (OEC)

2.

Not possessing qualifications and possessing disqualifications

under the Local Government Code

2.1 Sentenced by final judgment for an offense involving moral turpitude

or for an offense punishable by one year or more of imprisonment within
two years after serving sentence
2.2 Removed from office as a result of an administrative case
2.3 Convicted by final judgment for violating the oath of allegiance to the
Republic

Effect of a Disqualification case (under RA 6646)

2.4 Dual citizenship ( more specifically, dual allegiance)

1.

Any candidate who has been declared by final judgment to be

disqualified shall NOT be voted for. The votes cast in his favor shall
not be counted.

2.

If the candidate is not disqualified by final judgment before the

election and receives the highest number of votes in the election,
the court or COMELEC will continue with the trial and hearing of the
action, inquiry or protest. Upon motion of the complainant or
intervenor, the court or COMELEC may order the suspension of the
proclamation of the candidate whenever the evidence of his guilt is
strong.

Nuisance Candidates
A. The term refers to candidates who have no bona fide intention to run
for the office for which the certificate of candidacy has been filed and
would thus prevent a faithful determination of the true will of the people.
B. Power of COMELEC
1.

May refuse to give due course to or cancel a certificate of

candidacy of a nuisance candidate. This can be done motu proprio
or upon verified petition of an interested party.

2.There should be a showing that:

1.

2.

3.

Certificate of candidacy has been filed to put the election process

in mockery/disrepute or
To cause confusion among the voters by the similarity of the
names of the registered candidates
Other circumstances which clearly demonstrate that the candidate
has no bona fide intention to run for the office

Petition to deny due course to or to cancel a Certificate of

Candidacy

B. The petition should be filed not later than 25 days from the filing of the
certificate of candidacy.
C. It should be decided not later than 15 days before the election, after due
notice and hearing.
Election Campaign/Partisan Political Activity
Definition

1) It refers to an act designed to promote the election or defeat of a

particular candidate/s to a public office
2) It includes:
A. Forming organizations, associations, clubs, committees or other groups
of persons for the purpose of soliciting votes and/or undertaking any
campaign for or against a candidate.
B. Holding political caucuses, conferences, meetings, rallies, parades or
other similar assemblies for the purpose of soliciting votes and/or
undertaking any campaign or propaganda for or against a candidate.
C. Making speeches, announcements or commentaries or holding
interviews for or against the election of any candidate for public office.
D. Publishing or distributing campaign literature or materials designed to
support or oppose the election of any candidate.
E. Directly or indirectly soliciting votes, pledges or support for or against a
candidate.
3) When the acts enumerated above are NOT considered an election
campaign/partisan political activity.
If the acts are performed for the purpose of enhancing the chances of
aspirants for nomination for candidacy to a public office by a political
party, aggroupment, or coalition of parties.
RA 9006 FAIR ELECTION ACT

A. Exclusive ground: A material representation in the certificate of

candidacy is false.

Important Features:

1) Repeal of Sec. 67 of the OEC Now, any ELECTIVE official, whether

national or local, running for any office other than the one which he is
holding in a permanent capacity shall not be considered ipso facto
resigned from his office upon the filing of his certificate of candidacy.
2) Lifting of the Political Ad Ban Written and Printed Materials (8.5 W x
14L)
Letters
Posters (2 x 3) in common-private poster areas ( not more than 10 public
places per political party or independent candidate, 12 16), private places
and public places
Rally streamers (3 x 8) NOT MORE THAN 2
Paid Advertisements at Discounted Rates
Print : 1/4th page in broadsheet and page in tabloid 3x a week
Television: 120 minutes for candidate for nationally elective office and 60
for local
Radio: 180 minutes for candidate for nationally elective office and 90 for
local
COMELEC free space (3 national newspaper for nationally elective officials
and 1 national newspaper for local) and airtime
(3 national television networks for nationally elective officials and 1 station
for local ) : equal allocation for all candidates for 3 calendar days
Authorized Expenses ( multiplied with the total number of registered
voters )

Qualifications

Age: 18 years old and over.

Residence

1.

He /she should have resided in the Philippines for one year and

2.

Resided in the city/municipality wherein he proposes to vote for at

least 6 months immediately preceding the election.

Residence Requirement

If the transfer of residence is due to any of the following reasons, the

person concerned will be deemed NOT to have lost his original residence:
A. Transfer solely because of occupation, profession, employment in
private or public service
B. Educational activities
C. Work in military or naval reservations
D. Service in the army, navy or air force, national police force
E. Confinement/detention in government institutions in accordance with
law.

RA 8189 VOTERS REGISTRATION ACT OF 1996

Q: Can there still be general registration of voters?

P 10 for president / vice president

A: No more, because 8189 (7) provides for such only for the May 98
elections

P 3 for other candidates for every voter currently registered in the

constituency

Q: What kind of registration system do we have?

P 5 for independent candidates and political parties

Voters

A: Continuing, Computerized and Permanent

Disqualifications

A. If sentenced by final judgment to suffer imprisonment for not less than

1 year and such disability was not removed by plenary pardon or has not
been granted amnesty. However, any person disqualified to vote shall
automatically reacquire the right to vote upon expiration of 5 years after
service of sentence.
B. Any person who has been adjudged by final judgment by competent
court or tribunal of having committed any crime involving disloyalty to the
duly constituted government such as rebellion or any crime against
national security:
1. UNLESS restored to his full civil and political rights in accordance with
law.
2. However, he shall regain his right to vote automatically upon expiration
of 5 years after service of sentence.
C. Insane or incompetent persons as declared by competent authority.
Jurisdiction in Inclusion/Exclusion cases

A. The municipal and metropolitan trial courts shall have original and
exclusive jurisdiction over all matters of inclusion and exclusion of voters
from the list in their respective municipalities or cities. Petition filed at any
time except 105 days before regular election or 75 days before special
election
B. Decisions may be appealed to the RTC within 5 days from receipt of
notice of decision.
C. RTC will decide the appeal within 10 days. Decision is final and
executory.
D. Note: Relate this to Article IX of the Constitution which provides that the
COMELEC has no jurisdiction over questions involving the right to vote.

Cancellation of Registration in case of Death

New voters

Annulment of Book of Voters

Transfer of Residence

How is challenge to right to register effected?

Who any voter, candidate, political party representative
How in writing, stating grnds, under oath, proof of notice of hearing

Deactivation means removing the registration records of persons from

the precinct book of voters and place the same, properly marked and
dated in indelible ink, in the inactive file after entering the cause of
deactivation.
How is reactivation of registration effected ?
Sworn application for reactivation
Affidavit
Not later than 120 days before regular election and 90 days before special
election
Annulment of Book of Voters is through verified petition; notice and
hearing; not prepared in accordance with law or prepared through fraud,
bribery, forgery, impersonation, intimidation, force, any similar irregularity
or which contains data that are statistically improbable

E. Exclusion is through sworn petition and not later than 100 days before
regular election; 65 days before special election

Cannot be done within 90 days before election

Grounds when the List of Voters will be altered:

Postponement of Election

Deactivation/ Reactivation

Exclusion/ Inclusion

Causes

Violence

Terrorism

Loss or destruction of election paraphernalia/records

Force majeure

Other analogous causes

Under RA 7166, the causes for the declaration of the failure of election may
occur before or after the casting of votes or on the day of the election.
Effects of above causes

A. Election in any polling place was not held on the date fixed;
B. Election was suspended before the hour fixed by law for the closing of
the voting

Effect

It is impossible to hold a free, orderly and honest election in any political

subdivision

C. Elections results in a failure to elect (after the voting and during the
preparation and
transmission of the election returns or in the custody
or canvass thereof)

COMELEC can postpone the election (when decided by a majority vote

of the COMELEC sitting en banc, RA 7166):

AND the failure or suspension of the election would affect the result of the
election

A. Motu proprio

Remedy

B. Upon a verified petition by any interested party, after due notice and
hearing

COMELEC can call for the holding or continuation of the election not held,
suspended, or which resulted in a failure to elect. The election should be
held not later than 30 days after the cessation of the cause of the
postponement or suspension of the election or failure to elect. This is
decided by the COMELEC, by a majority vote of its members, sitting en
banc.

Date of new election

The date of the postponed election should be reasonably close to the date
of the election not held, suspended, or which resulted in a failure to elect.
It should not be later than 30 days after the cessation of the cause for such
postponement or suspension of the election or failure to elect.

RA 7941 Party-List System Act

Failure of Election

Seeks to promote proportional representation

Any party already registered need not register anew. File

manifestation not later than 90 days before election.

Causes

Force majeure

Violence

Terrorism

1.

Religious sect or denomination, organization

Fraud

2.

Advocates violence

Other analogous causes

3.

Foreign party or organization

4.

Receives foreign support

Grounds for refusing or canceling registration of Party-Lists groups

Rules for Appreciation of Ballots

5.

Violates election law

6.

Untruthful statements in its petition

Liberal Construction in favor of the validity of the ballot

7.

Ceased to exist for at least one year

Look at the ticket slate, consider locality or literacy rate

8.

Failed to participate in the last two preceding elections or fails to

obtain at least 2% of the votes cast under the party-list system in
the 2 preceding elections for the constituency in which it has
registered

Rule 211 of the OEC

Incumbency / Surname

Nomination of party-list reps should not include any candidate for any
elective office or a person who has lost his bid for an elective office in the
immediately preceding election

Cannot ascertain STRAY VOTE

Incumbent sectoral representatives in the House of Representatives who

are nominated in the party-list system shall not be considered resigned

Pre-Proclamation Controversies
Definition

1.

A pre-proclamation controversy refers to any question pertaining to

or affecting the proceedings of the board of canvassers which may
be raised by any candidate or by any registered political party or
coalition of political parties before the board or directly with the
COMELEC.

1.

It would also refer to any matter raised under Sections 233, 234,
235, and 236 of the Omnibus Election Code in relation to the
preparation, transmission, receipt, custody, and appreciation of the
election returns. (Board of canvassers have original jurisdiction
while COMELEC have appellate jurisdiction)

Party List Reps constitute 20% of the total number of the members of the
House of Reps including those under the party-list
How do we determine the number of party list seats in the House
of Reps?
(# of District Reps / 0.80) x 0.20 = # of party list reps

There are presently 208 legislative districts, according to the

Veterans Federation Case

The 5 major political parties are now entitled to participate in the

party list system

Parties receiving at least 2% of the total votes cast for the party-list
system shall be entitled to one seat each

1.

When election returns are delayed, lost or destroyed

(Sec.233)

2.

Material defects in the election returns (Sec. 234)

3.

When election returns appear to be tampered with or

falsified. (Sec. 235)

4.

Discrepancies in election returns (Sec. 236)

No party shall be entitled to more than 3 seats

Currently, there are 260 seats. So 20 % of 260 is 52 seats. But this

is only a ceiling.

A list with 5 names should be submitted to COMELEC as to who will

represent the party in the Congress. Ranking in the list submitted
determines who shall represent party or organization.

C. Those that can be filed with COMELEC directly are the ff:

Issue involves the illegal composition or proceedings of the board

of canvassers, as when a majority or all of the members do not
hold legal appointments or are in fact usurpers

Issue involves the correction of manifest errors in the tabulation or

tallying

of the results during the canvassing

Recount
There can be a recount under the grounds of 234-236. The returns involved
will affect the results and the integrity of the ballot box has been preserved
Issues that may be raised in a pre-proclamation controversy

1.

Pre-proclamation controversies shall be heard summarily by the

COMELEC.

2.

Its decision shall be executory after the lapse of 5 days from

receipt by the losing party of the decision, unless restrained by the
SC.

Effect of filing petition to annul or suspend proclamation

It suspends the running of the period within which to file an election

protest or quo warranto proceedings.
When not allowed

Pre-proclamation cases on matters relating to the preparation,

transmission, receipt, custody and appreciation of the election returns or
the certificates of canvass NOT allowed in elections for: (under RA 7166)

1.

Illegal composition or proceedings of the board of canvassers

2.

The canvassed election returns are incomplete, contain material

defects, appear to be
tampered with or falsified, or contain
discrepancies in the same returns or in authentic
copies
thereof.

President

Vice-President

3.

The election returns were prepared under duress, threats, coercion,

or intimidation, or they are obviously manufactured, or not
authentic.

Senator

4.

When substitute or fraudulent returns in controverted polling

places were canvassed, the results of which materially affected the
standing of the aggrieved candidate/s.

Member of the House of Representatives

Procedure
A. Contested composition or proceedings of the board (under RA 7166)

BUT: The appropriate canvassing body motu propio or upon written

complaint of an interested person can correct manifest errors in the
certificate of canvass or election returns before it.
BUT: Questions affecting the composition or proceedings of the board of
canvassers may be initiated in the board or directly with COMELEC.

It may be initiated in the board or directly with COMELEC.

B. Contested election returns (under RA 7166)
Matters relating to the preparation, transmission, receipt, custody and
appreciation of the election returns, and certificate of canvass, should be
brought in the first instance before the board of canvassers only.

When pre-proclamation cases are deemed TERMINATED (RA 7166)

1.

All pre-proclamation cases pending before the COMELEC shall be

deemed terminated at the beginning of the term of the office
involved and the rulings of the boards of canvassers concerned
deemed affirmed.

Summary nature of pre-proclamation controversy

B. This is without prejudice to the filing of a regular election protest by the

aggrieved party.
C. HOWEVER: Proceedings MAY CONTINUE if:
1.

The COMELEC determines that the petition is meritorious and

issues an order for the proceedings to continue or

2.

The Supreme Court issues an order for the proceedings to continue

in a petition for certiorari.

Election Contest
Original Jurisdiction

COMELEC has ORIGINAL jurisdiction over contests relating to the elections,

returns, qualifications of all elective:

Final COMELEC Decisions

Provision that decisions, final orders, rulings of the Commission on election

contests involving municipal and barangay offices are final, executory and
not appealable:
A. This only applies to questions of FACT. ( Flores v. COMELEC, 184 SCRA
484)
B. It does NOT preclude a special civil action of certiorari. (Galido v.
COMELEC, Jan. 18,1991)
Distinctions between Pre-Proclamation Controversy and Election Contest

1) Dividing line: Proclamation of a candidate

2) Jurisdiction

Regional

A. Pre-proclamation controversy

Provincial

1.The jurisdiction of COMELEC is administrative/quasi-judicial

City officials

Appellate Jurisdiction

2.It is governed by the requirements of administrative due process

B. Election contest

COMELEC has APPELLATE jurisdiction over all contests involving:

1.The jurisdiction of COMELEC is judicial

A. Elective MUNICIPAL officials decided by trial courts of GENERAL

jurisdiction

2.It is governed by the requirements of judicial process

B. Elective BARANGAY officials decided by trial courts of LIMITED

jurisdiction
Who can file a petition contesting the election

Any candidate who has duly filed a certificate of candidacy and has been
voted for the same office

3)
In some cases, even if the case (involving municipal officials) began
with the COMELEC before proclamation but a proclamation is made before
the controversy is resolved, it ceases to be a pre-proclamation controversy
and becomes an election contest cognizable by the RTC.
4)
However, in some cases, the SC has recognized the jurisdiction of
COMELEC over municipal cases even after proclamation. Relate to the
provision in RA 7166 allowing pre-proclamation controversy proceedings to
continue even after a proclamation has been made.

Purpose of an election contest

The defeated candidate seeks to outs the proclaimed winner and claims
the seat.

Election Offenses ( Selected Offenses)

Vote buying and vote-selling

Coercion of a subordinate

A. Covered acts

A. Who can be held liable

1.Give, offer or promise money or anything of value

1. public officer

2. Making or offer to make any expenditure, directly or indirectly, or cause

an expenditure to be made to any person, association, corporation, entity
or community

2. officer of a public/private corporation/association

3.Soliciting or receiving, directly or indirectly, any expenditure or promise

of any office or employment, public or private

4. employer/landowner

B. Purpose of acts
1. To induce anyone or the public in general to vote for or against any
candidate or withhold his vote in the election or

3. heads/superior/administrator of any religious org.

B. Prohibited acts
1.

Coercing, intimidating or compelling or influencing, in any manner,

any subordinates, members, parishioners or employees or house
helpers, tenants, overseers, farm helpers, tillers or lease holders to
aid, campaign or vote for or against a candidate or aspirant for the
nomination or selection of candidates.

2.

Dismissing or threatening to dismiss, punishing or threatening to

punish by reducing salary, wage or compensation or by demotion,
transfer, suspension etc.

2. To vote for or against any aspirant for the nomination or choice of a

candidate in a convention or similar selection
C. Under RA 6646 (Prosecution of vote-buying/selling)
1. Presentation of a complaint supported by affidavits of complaining
witnesses attesting to the offer or promise by or the voters acceptance of
money or other consideration from the relatives, leaders or sympathizers
of a candidate is sufficient basis for an investigation by the
COMELEC,directly or through its duly authorized legal officers.
2. Disputable presumption of conspiracy:
Proof that at least one voter in different precincts representing at least
20% of the total precincts in any municipality, city or province has been
offered, promised or given money, valuable consideration or other
expenditure by a candidate relatives, leaders and/or sympathizsrs for the
purpose of promoting the election of such candidate.
3. Disputable presumption of involvement
Proof affects at least 20% of the precincts of the municipality, city or
province to which the public office aspired for by the favored candidate
relates. This will constitute a disputable presumption of the involvement of
such candidate and of his principal campaign managers in each of the
municipalities concerned in the conspiracy

Appointment of new employees, creation of new position,

promotion or giving salary increases:
A. Who can be held liable: Any head/official/appointing officer of a
government office, agency or instrumentality, whether national or local,
including GOCCs.
B. Prohibited acts
1.Appointing or hiring a new employee (provisional, temporary or casual)
2.Creating or filling any new position
3.Promoting/giving an increase in salary, remuneration or privilege to any
government official or employee.
C. Period when acts are prohibited

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1. 45 days before a regular election

4.

Emergency work necessitated by the occurrence of a public

calamity but such work shall be limited to the restoration of the
damaged facility.

5.

Ongoing public work projects commenced before the campaign

period or similar projects under foreign agreements.

2. 30 days before a special election

D. Exceptions
1.

2.

Upon prior authority of COMELEC if it is satisfied that the position

to be filled is essential to the proper functioning of the
office/agency concerned AND that the position is not filled in a
manner that may influence the election
In case of urgent need, a new employee may be appointed. Notice
of appointment should be given to COMELEC within 3 days from
appointment.

Suspension of elective, provincial, city, municipal or barangay officer

A. General rule: public official CANNOT suspend any of the officers

enumerated above during the election period.
B. Exceptions
1.

With prior approval of COMELEC

2.

Suspension is for the purpose of applying the Anti-Graft and

Corrupt Practices Act

Prohibition against release, disbursement or expenditure of public funds

A. Who can be held liable: Any public official or employee including

barangay officials and those of GOCCs/subsidiaries

In relation to registration of voters/voting

B. Prohibited acts:
The release, disbursement or expenditure of public funds for any and other
kinds
of public works

Unjustifiable refusal to register and vote

Voting more than once in the same election/voting when not a

registered voter

Voting in substitution for another with or without the latters

knowledge and/or consent etc.

C. Period when acts are prohibited:

1. 45 days before a regular election
2. 30 days before a special election
D. Exception

Other election offenses under RA 6646

1.

maintenance of existing/completed public works project.

1.

2.

work undertaken by contract through public bidding, or by

negotiated contract awarded before the 45 day period before
election

Causing the printing of official ballots and election returns by

printing establishments not on contract with COMELEC and printing
establishments which undertakes unauthorized printing

2.

Tampering, increasing or decreasing the votes received by a

candidate or refusing after proper verification and hearing to credit
the correct votes or deduct the tampered votes (committed by a
member of the board of election inspectors)

3.

payment for the usual cooperation for working drawings,

specfications and other procedures preparatory to actual
construction including the purchase of material and equipment and
incidental expenses for wages.

11

3.

Refusing to issue the certificate of voters to the duly accredited

watchers (committed by a member of the BEI)

4.

Person who violated provisions against prohibited forms of election

propaganda

5.

Failure to give notice of meetings to other members of the board,

candidate or political party (committed by the Chairman of the
board of canvassers)

6.

A person who has been declared a nuisance candidate or is

otherwise disqualified who continues to misrepresent himself as a
candidate (Ex. by continuing to campaign) and any public officer or
private individual who knowingly induces or abets such
misrepresentation by commission or omission.

7.

If the chairman of the BEI fails to affix his signature at the back of
the official ballot, in the presence of the voter, before delivering
the ballot to the voter. (under RA 7166)

Prescription of Election Offenses

1.

Election offenses shall prescribe after 5 years from the date of their
commission

2.

If the discovery of the offense is made in an election contest

proceeding, the period of prescription shall commence on the date
on which the judgment in such proceedings becomes final and
executory

Jurisdiction of courts

1.

RTC has exclusive original jurisdiction to try and decide any

criminal action or proceedings for violation of the Code.

2.

MTC/MCTC have jurisdiction over offenses relating to failure to

register or vote.

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