Legal Network for

Truthful Elections

Law and Philippine

Elections
MSEUF CHAPTER
FORMATION
February 12, 2016
Pop Quiz
 Discussion
Proper
q
Election Laws
q
Election Issues
q
LENTE What? Its role in Philippine
elections and how law students
figure in such role
 Election
q
Laws
Omnibus Election Code
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Fair Election Act
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Synchronized Election Law of 1987
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Automated Election Law
q
Revised Automated Election Law
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Accessible Polling Place Act
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Mandatory Biometrics Law
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Voter Registration Act
 Pertinent Election
Laws
q
Voter Registration Act
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Accessible Polling Place Act
q
Mandatory Biometrics Law
 VOTER
REGISTRATION
R.A. 8189 . Voters Registration
Act

q
the primary law on voter registration
q
provides for a system of continuing
registration
 VOTER
REGISTRATION
Grounds for Disqualification:

q
Any final judgment with a
penalty of at least one year of
imprisonment
q
Final judgment in any crime
which involves disloyalty to the
government (rebellion, sedition,
violation of the firearms law,
etc.)
q
Insane or incompetent persons
as declared by competent
authorities
 VOTER
Challenge to the REGISTRATION
Right to
Register

q
Any voter, candidate or
representative of any political
party may challenge any
application for registration,
stating the grounds therefor
q
Under oath
 VOTER
Deactivation of
Registration
REGISTRATION
q
Any person who has failed
to vote in two (2)
consecutive NATIONAL
elections
 VOTER
REGISTRATION
Application for Reactivation

q
Any voter, whose registration
has been deactivated, may
file with the election officer a
sworn application for
reactivation
q
Not later than 120 days
(regular elections) and 90
days (special elections)
 VOTER
REGISTRATION
Cancellation of
Registration

q
In the case of dead
people
 VOTER
Petition for
REGISTRATION
Inclusion/Exclusion
q
MTCs have jurisdiction
q
COMELEC does not have
jurisdiction over the right to
vote; courts do
q
A person files for inclusion if
his application was not
approved by the board or his
name was stricken out from
the list
q
 VOTER
REGISTRATION
Annulment of Book of
Voters

q
Commission, upon verified
petition of any voter/election
officer/political party may
annul any book of voters
q
Notice and hearing
q
Prepared through fraud,
bribery, intimidation, data
which is statistically
improbable
 VOTER
REGISTRATION
R.A. 10366- Accessible
Polling Place Act
q
More known as APPs
q
Polling place exclusive for PWDs
and Senior Citizens
q
Ensure access
q
Been done in the 2 previous
elections (2013 NLE and 2013
Barangay elections)
q
2013 NLE (separate polling places
in public schools)
q
2013 Barangay elections
(separate polling places in SM
 VOTER
REGISTRATION
R.A. 10367- Mandatory Biometrics
Act
q
Requires biometrics for all voters
in the 2016 NLE and succeeding
elections
q
Biometrics is a quantitative
analysis that provides a positive
identification of an individual such
as voice, photograph, fingerprint
signature, iris and/or such other
identifiable features
q
 VOTER
REGISTRATION
R.A. 10367- Mandatory
Biometrics Act

q
Remember: No biometrics,
no vote
q
No exception
q
Registration/Validation is
only until October 31,
2015
 VOTER
REGISTRATION
Comelec Resolution No.
10013
Registration records of voters with
incomplete and corrupted
biometrics data shall not be
deactivated and be allowed to vote
in next years polls
 Election Issues

q
Premature campaigning
q
Constitutionality of deactivation
(consequence of no biometrics)
q
Campaign Finance
q
Manual or automated elections (?)
 Premature Campaigning
q
No law prohibiting such
q
Candidates only become
liable for offenses done
during the campaign period
(definition of candidate under
R.A. 9369, Revised
Automated Election Law)
q
What can be done?

Legal (revise the law)

Metalegal (campaign
against these premature
campaigners)
 Constitutionality of
q
Purpose of Biometrics Law: Deactivation
clean voters list
q
To clean the list, the law
mandated all voters to have
their biometrics taken
q
No biometrics, no vote
#nobionoboto
q
Voters without biometrics would
be deactivated from the voters
list (remove from the active
voters list)
q
This deactivation is looked at by
some quarters as
unconstitutional
 Manual/Automated
q
The 2016 National and Local Elections
Elections will be automated.
q
Machines that will be used
(NEW), lease from
SMARTMATIC
q
Old machines purchased in
2012. in Storage. Will be
refurbished after the 2016
elections. Target: These
old machines to be used in
the 2019 elections
q
Is there something wrong?
 Campaign Finance
q
Fair Election Act provides
for the expense limits of the
candidates
q
Failure to submit SOCE
(statement of contributions
and expenditures) in the
Omnibus Election Code was
an election offense; under
the Fair Election Act, failure
to submit merits an
administrative fine
Modes of Engagement in
PH Elections
q
Partisan volunteer/work for a
candidate/political party
q
Trans-partisan/pan-partisan-
engage ALL candidates, agenda
setting
q
Non-partisan- volunteer/work for an
organization which does not support
any candidate/political party
 For us in the legal
profession, most
common and most
profitable is to thread
q
The partisan road
q
Harvest time
 Important Figures to
Remember
q
54 Million voters in the 2016 National
and Local Elections (NLE)
q
20 Million are Youth Voters (18-30)
q
2010 NLE, President Noynoy Aquino
won with 15,200,000 votes
(5,000,000 more that President Erap
Estrada)
q
Voter Turn-out, 2013 Midterm
Elections, 75%
Youth
 Facebook
A Generation
title used to identify
those who are growing up
in a world where the use of
online social networking is
common.
COMELEC Chairman Andres Bautista:
"Young people will make up at least 37% of the
2016 electorate and we know that unlike generations
past, they have access to high technology and a
wealth of information. More importantly, you young
people, still have the energy and idealism to effect
positive change in the country,

Dapat talagang makialam (They should participate).

Looking at the demographics, people aged 18 to 30
constitutes 40 percent of the voters. Its a key sector.
And what is good about that sector is that issues
such as vote buying is not as prevalent to them,

Quotes to
 Soci
Amit Puri, IBM global delivery leader
q
Noted that in traditional campaigns,

al
candidates talk about themselves and
their backgrounds and achievements as
well as their plans for their constituents if
elected into office.
But he said the focus today is on
medi
q

individuals, adding that potential voters

are now more interested in hearing

a
possible solutions for their current
problems and issues.
q
Today, a politician can actually make that

seen
happen. He can, if he wants, get
connected with other people at a
community level, at a specific individual

to
level because all these are now on
social media. They are actually talking
about their problems, they are talking
about their issues,
 What can you(TH) do?
q
Take an ACTIVE part in the online discourse.

Wag maging MEMA! (me-masabi lang.)

Study the issues.

No to bandwagoning.

q
Take it (the discussion) outside.

Realize that not all are connected

Discourse becomes more richer (grounded)
with inputs from other sectors, groups

More warm bodies=more
voters=CANDIDATES will LISTEN

BUT never lose your AGENDA
1. Activate / re-activate /
form / re-form a core of
like-minded individuals
2016 who will take part So ano
in the 2016 NLE
2. Connect with like- na nga?
minded organizations
(Church, academe,
NGOs, POs)
Capacitate your group
Discour
se and
3.

(again, bawal ang

all
mema. KNOW what
youre talking about.)
q
In LENTE, we become not
lawyers and paralegals for
candidates and political
parties
q
In LENTE, we lawyer for In LENTE,
the people. Abogado ng
Bayan. we offer
q
Why is there a need to you
lawyer for the people?
Because somebody will The
already represent the Road
candidates and political
parties. Less
q
Who will fight for the vote of Travelled
 1. Advocate for Electoral
Reforms
2. Conduct Public Education

activities
3. Pursue criminal and

administrative cases
against violators of
election laws
4. Strengthen institutional

22 Augustties2015
of various election-
Isabela Staterelated organization
University
5. Monitor the conduct of

elections

Objectives
 Vision
genuine and participatory Philippine
society with an informed, empowered
and engaged citizenry
 Legal Network for
q Truthful
established in 2007 Elections
q
the only non-partisan,
Law and Philippine
nationwide network of
lawyers, law
Elections
students, paralegals,
22 August 2015
other professionals
Isabela State University
and trained
volunteers engaged in
election work

October 2013 Barangay Elections

May 2013 Midterm National and Local Elections

August 2012 ARMM General Registration

October 2010 Barangay Elections 2010

June 2010 Lanao del Sur Special Elections

May 2010 National and Local Elections (Presidential)

August 2008 ARMM Regional Elections

June 2007 Lanao del Sur Special Elections

May 2007 National and Local Elections (Senate)

Our Institutional
Partners

OneVoice
 2010 and 2013
Election Partners
Our Chapters
LENTE has 31
active law school
chapters

May 2013
National Elections
and October 2013
Barangay
Elections
Interested
to be part of
the LENTE
network?
Role of the Chapters:
q
Local chapters shall represent
LENTE in their areas
q
Implement the objectives in
their region, province,
municipality or city
q
Provide legal assistance on
matters require their knowledge
on elections
q
Shall monitor the conduct of
elections in their respective
localities
To be a CHAPTER

q
There must be at least ten (10)
willing, able and committed students
to uphold the mission, vision
and objectives of the organization

q
Shall be accredited as an
organization by the school and the
dean by the Faculty of Law

q
They shall elect among themselves
their chapter officers:
a. President,
b. Vice-president,
c. Secretary, and
d. Treasurer
 What is our vision for LENTE
Chapters in 2016 NLE?
q
Replicate the Zamboanga Model
q
UF-Hope is a multi-sectoral coalition composed
primarily of government agencies, non-
governmental organizations, civil society
organizations and the business sector
q
Non-partisan groups working together to ensure
credibility of election
q
Every group has a unique contribution to the
coalition, i.e. LENTE, legal knowledge
q
No overlapping of functions, less wasted effort and
man hours, more areas covered, group credibility
is increased
 What is our vision for LENTE
Chapters in 2016 NLE?

q
Hub for Leadership Development
(political participation and good
governance)
q
Engagement with winners, follow-up
on their agenda
q
Prepare for the October Barangay and
SK elections
Who wants to

volunteer?
Interim LENTE core for
the school (President,
Vice-President,
Secretary and Treasurer)

Interim core will

schedule the next
activity (formation of
chapter)

Formation of chapter
(one night, two days)
 For those
www.facebook.com/lentephilippines
who are
lente_ph
shy or
who are
www.lente.ph
still
If all else fails,
undecide
GOOGLE!
d, Know
more
End of Forum