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Election Law Recitation 10.

10. COMELEC used its savings to fund recall elections since its budget for recall
elections is not enough
Fiscal autonomy - savings can be juggled to recall
Jan. 28:
Includes already recall election cases - part of constitutional mandate
1. President appoints you acting COMELEC commissioner 11. COMELEC in allocating seats for the party list system declares the decision is not
Cannot be - qualifications subject to judicial review and that its factual findings are final and not reviewable
Cannot be - president cannot appoint acting commissioners (COMELEC SC can alter findings of fact in cases wherein the evidence is not sufficient or
decision) - only ad interim GADALEJ
2. COMELEC chairperson transfers a department head and files a comment with the Under Rule 65 - GADALEJ, can be subject to judicial review by the SC
SC without the approval of COMELEC en banc Admin agencies cannot divest the SC of its constitutional power
COMELEC has rule making and adjudicatory powers 12. RTC takes cognizance of electoral protest for city and municipal mayors
Transfer is administrative (no need for approval) RTC - Election protest for city mayors - invalid (original jurisdiction with
Filing comment by the chairperson (quasi-judicial in nature) - no SC decision, COMELEC)
but it may have to be done en banc RTC - Election protest for municipal mayors - valid (constitutional jurisdiction)
3. COMELEC plans to shuffle election officers and appoint non-lawyers as provincial 13. RTC takes cognizance of a plebiscite protest
election supervisors RTC cannot take cognizance of a plebiscite protest case - COMELEC has
They can be shuffled (have to be) every 4 years (also plenary power of exclusive jurisdiction
COMELEC during election) 14. Presidential candidate questions jurisdiction of the COMELEC to hear case against
Provincial until city and capital towns have to be lawyers him, he argues that the PET has jurisdiction
Municipalities - non-lawyers can only be appointed only if a member of the COMELEC still has jurisdiction over him
bar is not available COMELEC only loses jurisdiction once proclamation has occurred
4. COMELEC ruled that you are not a resident of your locality All disqualification cases are cognizable by COMELEC by division
Cannot be done - Constitution provides that the COMELEC cannot rule on 15. COMELEC continues to hear a disqualification case against a district representative
the qualification (falls on the ordinary courts) for the right of suffrage after proclamation
5. COMELEC issues a resolution providing for the appeal of decision of the MTC over If proclaimed, person has assumed office and taken an oath - no jurisdiction
inclusion or exclusion cases and authorizes itself to file inclusion and exclusion (proclamation must be valid), if not, COMELEC can still continue hearing the
cases case
COMELEC cannot have appellate or original jurisdiction over right of suffrage 16. COMELEC division rules on postponement of election, cites petitioner in contempt
Constitutional commission and signs a search warrant and subpoena
6. COMELEC calls for a general system of registration (expunges all records and calls COMELEC has the power to issue a subpoena (expressly given to the
2 weekends in March for registration) COMELEC by the Omnibus election code)
COMELEC has plenary power, but it cannot change the statutorily provided COMELEC has the power to issue a search warrant (expressly given to the
system COMELEC by the Omnibus election code)
RA 8189 - Current system is a continuing system of registration (any day of COMELEC may not hold a petitioner in contempts (it is not in its quasi-
the week) judicial/judicial capacity, not in administrative cases)
Admin agencies cannot amend the law 17. President pardons former president Estrada without favourable COMELEC
7. COMELEC will not allow those without biometrics to vote recommendation
Constitutional - it does not actually provide for additional requirements for Can be done, as long as it is not an election offense
voters 18. COMELEC denies application of registration of INC as a political party
It is only a procedural requirement Valid - a religious sect cannot run as a political party (can be “inspired by the
Biometrics law provides for a mandatory obligation on the part of the INC”)
COMELEC 19. COMELEC did not receive the certificate of candidacy of Mayor Duterte, non-
8. Candidate questions the shortness of the MR period receipt of COC
COMELEC has the right to provide for the rules and regulations Authority of COMELEC over COC’s is ministerial (non-discretionary) - they
(constitutional and statutory) - any rule except violations of the right to due must receive, whether they feel the substitution is valid or not
process 20. What should we expect to receive early into this year
COMELEC cannot be straitjacketed by procedural rules By mail, copy of the unfilled official sample ballot (RA 7904)
9. COMELEC issues a resolution providing that all cases shall e cognizable by any of 21. President withholds the approval of the AFP as deputized
its two divisions Valid - needs presidential concurrence (constitution)
En banc - Administrative in nature (failure of elections) Commander in chief
Division - Judicial in nature (e.g. disqualification) 22. Congress mandates a 2-party system
Invalid - constitution allows for any number of political parties (free and open 9. Filipino US green card holders cannot be allowed to vote
elections) False, they should be allowed to vote upon:
Filing of affidavit that they will return to the Philippines within 3 years
(Actual Physical Permanent Residency in the Philippines)
Register
Feb. 2: Not apply for any foreign citizenship
10. Dual citizens who have not established actual residency here cannot vote in the
1. RTC convicts based on a Pres. decree on a failure to vote elections
Cannot - a person has the right not to vote False - Citizenship retention and reacquisition act provides for no domicile
PD is unconstitutional; voting is a right, not an obligation (in the past, it was requirement for dual citizens
an obligation) They must:
2. Congress can alter the list of qualifications of voters Register
Constitution provides for the list of qualifications for voters 11. List of voters and book of voters are one and the same
Qualifications are exclusive and not inclusive False:
Congress has no power to amend the constitution, it cannot add to the List of voters - posted
substantive requirements Book of voters - master copy - compilation of all the application forms
Requirements: with the stamp of approval by the ERB
Citizen of the Philippines 12. Aside from No Bio, No Boto, COMELEC adopts no VIC, no boto
Resident for at least 1 year or 6 months in the locality Cannot be - No bio, no Boto is a legislative act that prescribes procedural
Registered voter requirement for registration; Not having a VIC, they are still registered voter,
etc. can still be identified
3. COMELEC can ban a person from voting and from vying for elective office if does 13. COMELEC defines registration as the filing of a registration form in front of any of
not qualify the divisions and allows motu propio registration
For voting: COMELEC cannot ban, because the right to vote is in the Cannot - COMELEC is not allowed to do motu propio registration (RA 8189)
exclusive jurisdiction of the court (Material misrepresentation) COMELEC is not the filing, it must be before election officer and you are
Vying for elective positions: COMELEC can, they have the power to considered a voter once:
disqualify the candidates File - You have the qualifications
4. COMELEC in a resolution declared that informal settlers and those residing in ERB approves and considers you a voter
overpasses are not eligible to be voters in that locality Application is in the book of voters
Cannot add substantive requirements dependent on economic status 14. Would you rather that your GF be in the cancelled list or the deactivated list
Courts or congress cannot add substantive requirement as well Deactivated* is if disqualified, grounds:
(constitutional guarantee) Disqualification
Residency does not imply ownership of land Not voted for the 2 preceding elections
Physical presence, not legal presence Lose his/her Filipino citizenship
5. ERB (3 members) denies an application on the ground of not of age Registration excluded by the court
If applicant will be of age at the date of election (May 9) Not all requirements for deactivation is not in RA 8189
Otherwise, can be denied if not of age at the date of election Biometrics law deactivates also - validation activates a person
6. Imelda was born in Tacloban, married a domiciliary of Ilocos and resided in Manila Cancelled* is if dead
for 20 years; ERB denied her registration in Tacloban 15. Failure to vote in the two preceding elections as a ground for deactivation is
Domicile is intention to return challenged as unconstitutional due to adding a substantive requirement
Domicile of birth (or origin) Procedural requirement only
7. Voter questions constitutionality grounds to disqualify a voter; RA 8189 disqualified Can still vote upon filing for reactivation
for being convicted of 1 year 16. Seafarers can vote for local positions
Disqualification provided for in law at the time of registration Can, only if they are in the country
Disqualified based on final judgment; due process (qualified at one point but Cannot, if they are at sea
due to supervening later act, you became disqualified) 17. COMELEC issues a resolution saying that the list of voters is permanent and not
8. COMELEC requires a voter born here and naturalized in the US to renounce his subject to change
foreign citizenship in order to vote in the Philippines Incorrect - under the continuing registration act, the COMELEC has the
As provided for in citizenship retention and reacquisition act provides that power to change due to inclusion, exclusion, reactivation, deactivation,
must posses qualifications and none of the disqualifications and apply for cancellation, new voter registration, annulment of book of voters
registration and take an oath of allegiance 18. Petition for inclusion filed on the ground for failure to apply for registration
Petition will not be approved because the law provides that for a petition for Naturalized in the United States - loses citizenship
inclusion in the list, it was because of his exclusion (registered in the first 10 year residency issue (with use of passport)
place) Qualified - foundlings are natural born citizens
Case law shows that it is not a ground for inclusion PIL - foundlings are natural-born (social justice)
19. MTC judge renders a decision on an exclusion case on the ground of lack of If natural born - repatriation will reacquire citizenship
residency based solely on the non-appearance of the respondent 5. Congress can require a voter and a candidate for all elective offices must be literate
Non-appearance of the respondent is the prima facie evidence of fictitious Voter - no, it cannot (cannot add qualification for suffrage)
voter (not lack of qualification) Candidate - yes, provided by constitution, and for local government officials,
20. A petition for exclusion was filed before the RTC on the ground that application for can qualify by law (ARMM and LGC)
registration was denied 6. All candidates must be natural born citizens and must be above 23 years of age
False - if registration was denied, MTC has original and exclusive jurisdiction No - natural born citizens - qualification for national posts only
If application was denied, you should file a petition for inclusion MTC ARMM - natural born
21. SC is the 3rd level of review of inclusion cases LGC - just citizens
Sometimes false - MTC - RTC - SC (2nd level of review if pure question of No - age requirements are different for each
law; if mixed law and fact, CA, so SC is 3rd level) Regional assembly - 21
22. Presidential candidate challenges constitutionality of statutory power given to Provinces + Mayors - 21
COMELEC to annul the book of voters because it is authority over the right of Others - 18
suffrage 7. Can Manny Pacquiao run for President?
COMELEC has the power to annul the book of voters if not prepared in No - not 40 years old by May 9
accordance with RA 8189 or whose preparation was affected with fraud, 8. Congress provides that a provincial governor must be a college graduate,
bribery, forgery, impersonation, intimidation, force or other similar irregularity appointed by the president and have a 4 year term
or is statistically improbable Yes to all - constitution is silent as to the structure of Local Governments
9. Comprehensive dangerous drugs act - all candidates for office shall undergo a
mandatory drug test
No for constitutionally provided national positions
Feb. 4: Yes for all other
Can also be right to privacy issue
1. Representatives of the HoR are national officials 10. Congress can say all mayors must be lawyers
Both are national officials (Congress) Must be relevant to position - can be considered unjust and unreasonable
But District officials are elected locally Not absolute power
Party-lists are elected nationally 11. For elections of the President and Vice President, the winner must obtain a majority
2. On May 9, 2016, all elective positions will be filled up vote then a run-off
Incorrect, the following will: Plurality system - most number of votes, regardless of majority - direct vote
Pres. 3 major formulas:
Vp. 1. Proportional
Senate - 12 senators will not 2. Plurality
Representatives 3. Majority
District 12. Senators can be elected using electoral colleges like in the USA
Party List No - senators are elected at large (constitutional)
ARMM - Synchronised as of 2016 13. A vote for the chief executive at the national and local levels is a vote for the vice
Provincial Governors chief executive
City Mayors No - separate votes
Municipal Mayors Only applies to ARMM governors/vice-governors
Barangay officials - Separate officials 14. Can congress provide for the same gov/vice system for other local positions?
3. All elective positions and their qualifications are provided for in the 1987 Yes - plenary powers
Constitution 15. A person who became a district rep. in 2009 in a special election due to the death
No - Local Gov’t Code - implication - by law of the formal representative, that person won in 2010 and in 2013, can run in the
P, VP, S, HoR are in the Constitution 2016 elections
4. Grace Poe is _____ National position - No, one day is a term (fixed by constitution)
Disqualified - foundlings are not natural born citizens But yes if local - fully serve the term, 365 x 3 for it to be considered
Lied in CoC 16. Congress can provide for a party list system for electing city councilors
Can be done - plenary powers 6. Your full name is Mica Balesin Regalado, assuming you are married, what are the
S. Africa - party list system, all one party rules?
17. There are 55 party list seats in 2016 Can use:
No - there are 59 Her own surname (political party)
(District reps divided by .8) x .2 Surname of her husband (political party)
Round off from 58.75 to 59 Her surname - surname of her husband (political party)
18. All parties participating in the party list system must have representation in all areas Candidate makes the choice in the COC, as long as within 30 character limit
of local government and must be under the list of sectoral in the law 7. There are no candidates today
No - not in all areas of local go No - there are, campaign period for nationally elected candidates has started
Sectoral - not exclusive list (LGBT) Candidates are ones who have filed their COC at the start of their campaign
19. Can you (me) represent the disabled sector? period (Automation Election Law)
Yes - organic (bona fide), if not, synthetic (must prove track record of COMELEC Resolution 10049 - once filed COC and not dead, withdrawn or
advocacy) disqualified before campaign period
20. Party registered in 2009 but did not participate in the 2010 election and failed to hit 8. The enumeration of entries of a COC under Sec. 74 of the Omnibus Election code
2% in the 2013 election and Sec. 4 of COMELEC 9984 are all material entries
Can still participate in 2016 - separate grounds, both exclusive No - only the ones needed for qualification are:
21. A party list organization which obtains 10% of the party-list vote shall be entitled to 1. Age
5 seats 2. Residency
No - maximum of 3 by law 3. Citizenship
2% only guarantees the first seat 4. Voter
22. Case law - only 1 party can get 3 seats 5. Literacy
Yes Others are a matter of form (not required to run for the position) -
23. Even under 2%, you can still get a seat - all 59 must be filled e.g. Profession etc.
10 parties obtained less than 1%, still got a seat each 9. Immediately after the filing of the COC, those who filed can ask the voters to vote
24. 3 term limit applies to nominees for them
Yes - directly, cannot be done indirectly Automated election law - you can only be found guilty of unlawful acts or
omissions during the campaign period (MR case law)
No such thing as premature campaigning
10. A petition to disqualify a candidate is the type of petition captioned for all
Feb. 11: disqualification cases
No - there are other captions, such as:
1. Suffrage and seeking elective office are both constitutional rights 1. Deny in due course or cancel a certificate of candidacy
Suffrage is a constitutional right 2. Petition to declare a candidate a nuisance candidate
Seeking elective office is privilege, not an enforceable right (case law - unfit Petition to disqualify a candidate is used when the grounds are questioning
to run for office because he was declared a nuisance candidate) the qualifications of the candidate and during the commission of an election
2. I can run for president, governor and party list representative offense
Yes - as long as you possess all the qualifications and none of the 11. A petition to deny in due course to or a petition to cancel the COC were the proper
disqualifications petitions to file vs. Grace Poe and Martin Dino
3. I can run for president, governor and party list representative at the same time? Grace Poe - yes, her qualifications were being questioned
No - only one, automatic cancellation Dino - yes, he declared hismayor of Pasay
4. Duterte is still the mayor of Davao city and Rep. Abby Binay are the representative Can also be nuisance candidate
of Makati 12. A petition to disqualify is the proper remedy to disqualify a candidate convicted of
Both are still mayor and congressman Libel
Omnibus election code - deemed resigned unless president and vice Petition for cancellation - there was false misrepresentation (2016 case law)
president (repealed already) Cause of action - conviction has become final
Rep. Binay is now not deemed resigned 13. A petition to disqualify on the ground of commission of an election offence, the
5. DOTC Sec. Jun Abaya can still run for governor of Cavity in the May 2016 elections COMELEC division can determine probable cause
No - missed the COC filing date, but he can substitute a candidate from the 2 options to disqualify:
same party (if died or disqualified) 1. Electoral aspect - File for disqualification with the COMELEC division
He is deemed ipso facto resigned on the morning of the filing of the COC (not en banc because it is a quasi-judicial function)
(appointive official) 2. Criminal aspect - File an election offense case wherein the COMELEC
en banc (administrative function because you find probable cause to case law) - via motion to suspend proclamation
file an information) 24. Proclamation amounts to condonation of all liabilities of re-electionists committed
14. A district rep. who became a permanent resident of the US in 2014 can validly run in the prior term
for election No - the doctrine of administrative condonation by re-election has been
He cannot run because being a permanent resident, he lacks the residency overturned (Carpio-Morales v. Binay)
requirement 25. You can file any of the 4 petitions
District rep: 1 year residency minimum No:
15. The use of a foreign passport does not necessarily amount to repudiation of an Nuisance - have to be running in the same position
oath of renunciation Disqualification - generally yes (not me, not a registered voter or
Considered repudiation of his renunciation (Agustin v. COMELEC) political party)
16. A candidate who has been pardoned can vie for elective office even if the Cancellation - material misrepresentation, generally yes (not me, not a
dispositive portion of the pardon states a restoration of civil and political rights registered voter or political party)
except his right to run for elective office Commission of an election offense - generally yes (not me, not a
He cannot run - the dispositive portion is controlling (not whereas clause) - registered voter or political party)
(unlike case of Erap) 26. COC can still be filed today, even on May 9, 2016
17. The incumbent governor of Laguna can run for mayor of Paranaque in the 2016 Generally no, but yes - if you are a substitute candidate:
He can run - provided he moved residency already and fits within the 6 mos. If death and disqualification - until mid-day of election day
residency requirement of Paranaque and transfer his registration records to If withdrawal - until Dec. 10, 2015
Paranaque 27. Presidential candidate señeres died 2 days ago, can he be substituted by anyone?
Disqualification is continuing, so he is deemed resigned if he changes his No - he withdrew 3 days before he died
voter status to Paranaque Assuming he did not, being independent, he cannot be substituted except by
18. Vote buying and breaking the ban on appointment of public officials are cognizable a relative
by COMELEC division at the first instance 28. VP Binay, Mar Roxas and Grace Poe can be substituted by their respective running
Vote buying is cognizable by COMELEC since it is an election offense under mates today
Sec. 68, Omnibus Election Code (disqualification case) Binay and Mar can - same political party
Election offense case, it can be filed in the law department or fiscals office Grace Poe - independent, so only a relative can substitute her
and the COMELEC en banc will determine probable cause (criminal case) 29. Duterte can substitute for candidate Diño
Appointment is not, since it is not an election offense Present day - Diño is no longer running for anything
Sec. 68 is exclusive Assuming Dec. 10, yes - same political party, proper withdrawal of his
19. A petition to declare a candidate a nuisance candidate can be filed today on the candidacy
ground that he has no resources and is of poor health 30. Assuming petition for declaring Diño a nuisance
Within 5 days only after last day of filing of COC Yes, can still withdraw and be substitute before judgment by COMELEC
No resources is a ground to be a nuisance candidate (poor health is not) (withdrawal renders case moot)
20. A petition to disqualify a candidate can still be filed on May 10, 2016 Assuming declared nuisance with finality - he cannot be substituted
Questioning qualifications or commission of election offense 31. A candidate subject to a petition to disqualify cannot be substituted
Yes, can be filed anytime before proclamation (May 13-15, 2016) Depends - 2 grounds for petition to disqualify:
21. A common law wife who uses the surname of her common law husband in COC 1. Lack of qualification - cannot be substituted, never considered to be a
and that she is a lawyer (when she is not) valid candidate (case law)
Under oath, could be ground for disqualification 2. Commission of an election offense - can be substituted (committed an
Case law - requisites for material misrepresentation: illegal act when was still a valid candidate)
1. Material 32. A mayoralty candidate who withdraws his COC, substituted a presidential
2. Deliberate candidate and his daughter can replace him as a mayoralty candidate
3. Not actually qualified For president - yes - if same political party
Lawyer - not material, not a qualification, but can be a ground for For mayor - yes - if same political party
misrepresentation Only if all this happens on or before Dec. 10
22. A candidate for district representative 7 mos. residency in Tacloban by election day Overturned old COMELEC resolution (once withdraw, can’t substitute) - 2016
can run for the position removed the restriction
Although the requirement of 1 year residency, it actually depends on the 33. A candidate nominated by 2 registered political parties can be substituted
domicile requirement, if she is actually qualified (Marcos case law) No, he is considered independent already if the parties are part of the same
23. Proclamation of the candidate renders moot any pending petition to disqualify him coalition
No - can suspend proclamation if evidence is strong (Gov. Ejercito of Laguna If different constituency - not considered independent
Who are independent: 3. Name and address of payor
1. Nominated by 2 registered parties 4. If free of charge - printed free of charge by: (name)
2. Even if belonging to the same coalition 4 boxes - clearly readable font size 12 (colour contrast)
34. Vice-mayor becomes the mayor when the latter was disqualified on the ground that 6. (Picture) - Duterte sticker - “atin to pre” - defend as counsel to Duterte
he committed an election offense and he is not a resident Sticker is allowed as long s 8.5 x 14in
Election offense - Vice-mayor becomes mayor 8.5 width, 14 length (material)
Lack of qualification, nuisance, material representation (residency) - 2nd Made by private citizen - he was not aware it is made
placer becomes mayor because vice mayor was never a candidate to begin No required inscriptions
with Can claim it is not campaign material
35. House speaker can refuse to enter the name of the second placer in the roll of the Distributed prior to Feb. 9 - not campaign material
house of representatives when the incumbent is declared ineligible Freedom of expression of volunteers
Second placer has to be declared because of the disqualification (ineligibility) 7. 3x8 campaign streamer displayed outside your house and PUV, valid?
of the incumbent Streamers - should not be that big
House speaker has the ministerial duty to proclaim the second placer (he can It should be posters only at 2x3 feet or 8.5x14
be compelled by mandamus) PUV - no also, should conform to posters, 2x3 feet maximum or 8.5x14
8. Non-removal of said campaign poster (3x8) outside your house can be the basis to
deny due course of the COC of the candidate
Election officer will give notice to the candidate, should remove within 3
Feb. 16: days, failure to remove can be a ground for disqualification
Non-removal creates a presumption of posting outside the common area
1. Mayor Olivares cannot campaign on the day of campaign period and the day after Proper petition is a petition to disqualify
the start of the campaign period 9. 5x10 feet tarp displayed 10 days before a lightning rally
No - March 25, 2016 is Good Friday, express provision of law, he cannot Max 3x8 feet
campaign then; he also cannot campaign on Maundy Thursday by provision 5 days before a rally
of law Removed within 24 hours after
But you can campaign the day before the start of the campaign period 3 working days before the rally, inform the COMELEC prior to the rally
because you are not considered a candidate before the campaign After rally - report to election officer all expenses of the rally
period; there is no such thing as premature campaigning today 10. Volunteers gave free unreceipted drinks and food during the rally
(Automated Election Law) Depends - can only give food 5 hours before and 5 hours after the rally
2. (Picture) - Happy Valentine’s Day from your governor and congratulating mayor Unreceipted - also invalid, the valid of what was given must be recorded,
Erap, can they be removed by ordinary citizens? even if it was donated
Resolution 10049 considers it election propaganda; Written consent is required for donations
Any graphical representation exclusively intended to draw the intention 11. Reelectionist mayor can give out basketballs with his name this summer
of the public to promote a candidate Depends on intent of the candidate; not all acts of beneficence is considered
It cannot be removed by a private citizen, but it can be if it is: campaigning
Libellous and/or subersive What is prohibited outright is the appropriation of public funds
And they have COMELEC permission Defense is governance (favours incumbents)
3. Church of the Gesu with a 5x10 streamer (don’t elect corrupt officials) - MMDA 12. (Picture) - Gordon, lifetime achievement award, sleeves, fans
went inside and removed it, valid? Yes - overturned, candidates can use these; no longer prohibited
No - it is only a declarative statement, it does not campaign (Diocese of Fair Elections Act, can be used, but must seek COMELEC approval first
Bacolod v. COMELEC) 13. (Picture) Grace-poe; adopt poe - headquarters
It is on private property - freedom of expression Headquarter of grace poe -3x8 feet can be, only announcing headquarters
4. (Pictures) - Waiting shed with campaign materials Huge streamer for election cannot be used, must be 2x3 feet maximum
Not allowed - cannot display campaign materials on waiting sheds 1 per highly urbanised city, 1 per province
Alternate - allowed - but liable for vandalism 14. (Picture) TV ad for Binay
5. (Picture) - Roxas rally in multi-purpose hall 120 hours per station (national)
Not allowed - cannot display campaign materials outside public buildings No inscriptions:
Size - must be 2x3 feet 1. Benefiting candidate: (name)
No required inscriptions: 2. Payor
1. Must be recycled 3. If free
2. Name and address of benefiting candidate Inscription - 4% of view, the whole time
When it aired, it was not premature campaigning - cannot air it anymore President - Yes - because he is not covered in the list of those who cannot
during campaign period campaign
15. (Picture) Newspaper, whole page of Standard Newspaper Governor - Yes - he is not a member of the civil service
Broadsheet 1/4 page maximum Filipino who is naturalized - cannot - foreign citizens cannot campaign
Tabloid 1/2 page maximum Public school teacher - cannot - part of the civil service
3 times per week DPWH bureau chief - can - secretaries can campaign
But not a print ad, it’s a photo 4. Failure to file a statement of contributions and expenditures will result in
16. Last Feb. 9 - a full page ad was published crying martial law and decrying Bong imprisonment and non-assumption of office
Bong, does he have a cause of action No - Fine of 1-30K, 2-60K and Perpetual Disqualification on 2nd offense
Paid ad - negative publicity, not to vote for a specific candidate (QUESTION) - now decriminalised
Anti-Bong Bong campaign material (campaign is for and against) Non-assumption - yes, condition of proclamation
Oversized (full page) 5. COMELEC chairman can reschedule election in certain areas due to no power
No inscriptions supply and late arrival of ballots and no voting machines
Cause of action of Bong Bong - he can resply within 36 hours at the same No - only COMELEC en banc can postpone election - expressly provided in
size as the negative publicity RA 7166 and administrative in nature, not judicial (hence, en banc)
17. Mayor Herbert Bautista starring in a movie (now) No power supply, late arrival of ballots, no voting machines - valid analogous
Valid - not yet campaign period, there is no premature campaigning 6. Gunshots were fired and violence, can be the basis for postponement and failure of
Can be shown on March 27 (campaign period) - he is starring, public elections
exhibition - not public 2 qualifiers for postponement - must happen not later than 5pm of election
18. Sample ballots can be distributed on election day day
Last day of campaigning is May 7 1. Impossible to have HOPE (honest, peaceful) QUESTION
There is no regulation on sample ballots (COMELEC resolution 10049) 2. Serious violence
19. Presidents of Jollibee and Aboitiz Power donated to a gubernatorial candidate 2 qualifiers for failure - can exist anytime prior to proclamation
Separate juridical personality, the presidents can donate 1. Results in a failure to elect
The corporation itself is prohibited from donating 2. Affect materially the results of the election
Defense of governor if given during election period - "your donation is not for 7. Petition to declare failure of elections for all elective positions was filed by a losing
campaign purposes" elective candidate on the ground she got zero votes in 2 precincts
20. As his lawyer, would you advise Manny Pacquiao to continue with his boxing match Zero votes in 2 precincts - by itself not a ground for failure of election (may
on April 9? be if the zero votes was the result of fraud, violence, force majeure or other
You can - Boxing events, pageants, etc. are only prohibited for raising funds analogous cause)
for a campaign purpose All elective positions - not necessarily
1. National - only if materially effect the results
2. Local offices - may assail all of them, as long as materially effect the
results (for each position)
Feb. 18: 8. Transfer of venue of the transmission of the results of the voting counting
machines, was ordered by the chairman of the board of election inspectors can
1. Assuming there are 57 million voters nationwide and in Pullman, there are 50,000 result in postponement of election
voters, a presidential and mayoralty candidate (both independent) can spend 570M Postponement - no, it has to be a failure of election, postponement must be
and 150,000 respectively before 5pm of the day of election
President - 10 pesos per voter - 570 million pesos It can be failure if materially affect the outcome
Mayor - Gen. Rule - 3 pesos per voter - 150,000 pesos, but if independent - Transfer of venue by the BOEI chair - it is the basis for failure of election
5 pesos per voter - 250,000 pesos (QUESTION) (Soliva v. COMELEC)
2. Said mayoralty candidate has no defense if he spent 300,000 pesos or claims that Requirements for transfer of venue:
50,000 is donated 1. Unanimous vote of the board of election inspectors
Donations are included in the 5 pesos per voter 2. Majority of the watchers present must agree
3 defences: 9. There were 50 flying voters who were allowed to vote, and this was raised during
1. Printing of sample ballots canvassing by a paralegal of the candidate, the lead is only 25 votes, is there a
2. Classifying and listing of registered voters cause of action
3. Paying for lawyers Yes - there is a cause of action - flying voters are a ground for election
3. President of the republic, an incumbent governor, a filipino who is naturalized, a protest
public school teacher and DPWH bureau chief can campaign for Mar Roxas It can be failure - It can amount to fraud and it is materially affect the
outcome of the elections 2. Read and write (in any language/dialect used)
10. COMELEC en banc, motu propio 60th day from cessation of the cause 3. No conviction of any crime/election offense
No - COMELEC en banc has the power motu propio declare postponement, 4. Good reputation
but not a failure of election 5. Not related to a BOEI (4th civil degree)
Must be within 30 days - but only directory - so valid 18. The chairperson of the BOEI can authorise you to distribute the ballots (as poll
11. Political subdivision registered in the SEC can field a poll watcher watcher) and can reject any protest you make during the casting and counting
Political party must be registered with the COMELEC, not with the SEC to Chairman cannot designate a poll watcher to distribute the ballots - poll
appoint a poll watcher watchers cannot distribute ballots (not one of the rights given to a poll
SEC registration - rights under corp. code, but not thew right to field a watcher under the law)
poll watcher Yes - can reject, but the challenge cannot be prohibited (it must be recorded
You must be registered with the COMELEC though)
12. The matter of the expulsion of a party member is cognizable by the COMELEC en 19. Watchers have a say if the venue for the counting will be transferred due to actual
banc, not by division violence
General Rule - It is not cognizable by the COMELEC - it is an internal matter When there is actual violence - watchers have no say, no need to consult,
to the party (case law) run awaaaaaaaay
Exception - If not just internal matters of the party, but also election itself Rights of a poll watcher:
13. The determination of which of 2 factions of a political party is within the jurisdiction 1. Stay inside the precinct
of COMELEC en banc 2. Inform themselves of the proceedings
General Rule - It is not cognizable by the COMELEC - it is an internal matter 3. File a protest against any irregularity
to the party (case law) 4. Obtain a certificate of the number of votes cast for each candidate
Exception - If not just internal matters of the party, but also affecting the There must be unanimous vote by the 3 BOEI and favourable endorsement
election itself (e.g. qualifications of the candidate) by majority of the watchers (only applicable in imminent danger)
14. There are favoured political parties in the Philippines (more rights than others) -
therefore violative of the equal protection clause
Yes - there are dominant majority and dominant minority parties
There are 14 favoured parties (10 major political parties and 2 major local Feb. 23:
parties):
1. Dominant Majority Party - LP 1. Council and oversight committee encroach on COMELEC
2. Dominant Minority Party - UNA Advisory Council - headed by CICT - merely advisory, recommendatory
By being branded as such, they are or will be entitled to election returns, Joint Congressional Oversight committee - evaluate the law and propose
certificates of canvass and poll watchers will be nearest the teachers amendments to the law
Not violative of the equal protection clause 2. COMELEC can dispose of paper ballots and can automate from voting to
15. COMELEC has wide discretion and motu propio determine which party is the proclamation
dominant party Yes - all except proclamation - code provides proclamation must be done by
No - criteria: Board of Canvassers - law excludes proclamation
1. Track record in elections Can use automated voting machine
2. Ability fill up the slate for the elective positions 3. You can be a member of the BOEI providing free service; Board of Canvassers?
3. Incumbent officials No - requisites of BOEI:
4. Identifiable political organisations and strength as evidenced by their 1. Public school teachers
chapters 2. Private school teachers
5. Other analogous circumstances 3. Members of the Civil Service
It cannot do this motu propio, it needs applications to be filed with the 4. Citizens of probity
COMELEC Provides for 1,000 per day, maximum of 3 days
16. Grace Poe is entitled to deploy poll watchers and they can demand copies of the No - BOC - COMELEC, DOF, DOJ or division superintendent DepEd
election returns 4. BOEI can campaign, not allow illegal voters to vote
Yes - she is an independent candidate, entitled to a poll watcher per precinct Cannot campaign - CSC and express by law
She can provide more than one per precinct, provided only one can serve at Illegal acts:
any given time 1. Vote buying
17. Registered voter in Manila - you can be a watcher in Bulacan 2. Vote Selling
No - requirements: 3. Vote Betting
1. Registered voter (in the place he/she will be watching) 4. Induce or selling votes
Can still be allowed to vote - as long as sworn under oath Election management system
Illegal voters: No - all have a source code
1. Not in list 13. COMELEC denies the request of Grace Poe for her representatives to examine
2. Not registered source code and ballot printing
3. Using another name Source code - they cannot deny her access to the source code (law does not
Illegal voter can still be allowed to vote provided, AEL - properly identified distinguish independent candidates)
and allowed by BOEI to vote Resolution - candidates are no longer allowed to review
5. BOEI can order the arrest of a voter who just entered; can also announce at 12nn Ballot printing - poll watcher, accredited political organisations and parties,
that you along with 20 have not voted citizen’s arms, not independent candidates or candidates
Arrest - can, but will not prevent from voting 14. Only the national printing office can print the ballots, maximum in a clustered
Updates - BOEI cannot issue election updates until end of voting day precinct is 700 in clustered precinct
6. Enter a polling place: No - when the resources are not sufficient, the task of printing can be
1. Right to enter it delegated:
2. Line up 1. NPO
3. Give name and address to chairperson 2. BSP
4. Chairperson identifies you and announce your name 3. Private parties
5. If there is a challenger to the identity, it is challenged 800 in a clustered precinct - total of 803 ballots (including BOEI, who are
6. If assuming there is none, polling chair with a privacy folder allowed to vote in the precinct)
7. If accidentally tore (as long as accident), you can replace it once 15. Counting centre, polling centre, precinct are the same
8. Give ballot Not the same:
9. Remain folded - place thumb mark on coupon and voter’s record Counting centre - canvassers, where they count (can be the same as a
10. Chairperson who will detach coupon polling centre)
11. Ballot gets placed in machine Pollling center - physical space where voting is done
12. Indelible ink Precinct - not a physical space (unit of voting)
13. Required to depart 16. Arrangements of the names are by random lottery by the COMELEC in the ballots
7. A poll watcher sees a police officer, mayor and candidate inside the polling place Valid - the requirement for alphabetical arrangement is only explicitly
Depends on situation contained to candidates with surnames (QUESTION)
If just to vote, valid 17. COMELEC denies the substitution of Seneres because he has a different surname
If not, policeman cannot be inside unless there is actual violence/danger Invalid - same surname not a requisite (RA 9006)
8. Spoiled, excess, marked and stray votes and rules of appreciation are still relevant If you have the same surname, votes for original will count for the substitute
in an Automated Election System If not the same surname, votes for original will not count for him; he gets
Spoiled ballots - can still happen (accidental) votes by (RA 9006) the space provided in the ballot where voters will write
Excess ballots - relevant (+3 per precinct) the name
Marked ballots - identify the voter, relevant 18. A ballot, an election return, COC, SOV evidence the same thing
Stray votes - relevant, if improper shading, proper for the others (invalid for No - they are different
this position, valid for the rest) Ballot - individual votes cast by a voter
Unused ballots - relevant (not everyone will vote) - e.g. 60-70% voting ER - several voters of a single precinct
turnout COC - total number of votes of several precincts (or municipalities or
Rules of appreciation - not relevant (no need to write names) provinces)
9. COMELEC refuses to issue voting receipts to voters Statement of Votes - breakdown of the votes each candidate received
Minimum system capability of VCM - must give receipt as provided by law (per municipality, province etc.)
10. COMELEC can lease from Smartmatic the VCM (vote counting machines) from 19. COMELEC has absolute discretion under AEL to provide for the counting
foreign corporation procedure
Valid if qualified bidder Not absolute - broad, but mandatory requirements: (QUESTION)
COMELEC is not obliged to buy the machines (law) 1. Secrecy of the voter
Local and foreign sources 2. 3 copies of the election returns
11. COMELEC abdicating its constitutional right to Smartmatic? 3. Directly to president
No - supervisory and control (case law) 4. Board of canvassers
12. VCM, CCS, EMS, where to find them, are they the same as source code? 5. Data must be electronically stored and transmitted
Vote counting machine - precincts 20. Failure to sign the ER by BOEI, COC by BOC and watchers render the ER and COC
Consolidated canvassing system - where canvassing is done void
ER and COC are still valid, but the officers are required to show cause why 2. Votes for candidate are not counted
they did not sign Material defects cannot happen anymore in AES
Invalid refusal means election offense, but the ER and COC are still Only transmission related defects can happen (QUESTION)
valid 4. COMELEC and BOC canvass results only for all locally elected offices
Poll watchers are not affected by the show cause order Incorrect - COMELEC also canvasses votes for senate, party-list
BOC are also not subject to show cause order representatives
21. Same number of ER’s and COC’s at all levels BOC can canvass but not proclaim for any position under senate (they
No: (QUESTION) canvass for all positions)
ER - 30/30 for national/local 5. Only ER’s are subject to canvassing
COC - 30 for national and provincial, 14 for national and municipal False - also COC’s for district, provincial and congressional levels
with district ER’s reflect votes at the precinct level (becomes COC, attached to it is the
22. What would you advise an independent candidate regarding securing copies of breakdown per component area or precinct)
ER’s and COC's 6. A pre-proclamation case can be raised on the ground of violence committed during
They are not entitled to both canvassing as well as illegal voters during casting
Advise them to approach accredited Citizen’s arms No - violence or illegal voters cannot be a ground for a pre-proclamation
Citizen’s arm is duty bound to give them COC (not ER’s) case (wether manual or automated, you only base pre-proclamation
COMELEC will post a copy on the board and on the website controversies on the face of the ER’s, they cannot admit testimonial or
She can also get a copy at her own expense (up to 30 additional ER’s printed extraneous evidence)
by the teachers) 7. All lawyers and paralegals are excluded from the canvassing centre, BOC advise
She can take a photo of the board or ask for photocopies you to raise to COMELEC en banc
Align with any of the 14 who are entitled Illegality of the proceedings of the BOC can be brought up before the
23. Printed ER’s and COC’s can be the bases of canvassing and proclamation COMELEC division or BOC
No for both 8. What will happen if such pre-proclamation was raised?
It must be electronic transmission of canvass - not anymore printed Entire proceedings (canvassing) will be suspended
24. Congress, COMELEC and provincial/city/municipal BOC can canvass and proclaim 9. If questioning ER or COC?
based on the data storage device manually delivered Suspended counting of ER or COC until BOC gives green light
Congress - cannot - the basis of their canvass are electronic transmission 10. As paralegal, you obtained a copy of the ER, during the canvassing, before the
COMELEC - cannot - also electronic transmission CCS, you realise a discrepancy
BOC - can - either: Discrepancy (e.g. 10 votes became 5) is not a manifest error
1. Electronically transmitted; or Should to happen under AES
2. Data storage device 2 types of discrepancy:
1. Discrepancy between 1 ER and another ER
2. Discrepancy between votes in words and in figures
If discrepancy occurs, raise it with BOC (only)
March 3: 11. What is the procedure for raising it with the BOC
Oral objection first before ER or COC is canvassed with a written objection
1. There are no pre-proclamation controversies for all positions in an AES simultaneous
False - there are no pre-proclamation controversies for nationally elected Assuming no written objection, it is not fatal, provided according to case law,
positions there is evidence filed within a 24 hour period
Under AES, can still be raised - 2 types of pre-proclamation controversies: ER will not be canvassed until BOC clears it (appealable to COMELEC
1. Pertaining to the BOC division)
2. Illegality of the proceedings of the BOC Cannot be raised after it has been canvassed (it is too late)
Issues regarding the consolidated results no longer possible under AES 12. BOC, after realising a discrepancy, reconvenes after making a proclamation
Just transmission issues Once a proclamation has been made, BOC cannot convene anymore without
2. What kind of dispute can be raised during canvassing for nationally elected order from the COMELEC
positions After proclamation, the board ceases to exist (given life only by the
Only manifest errors COMELEC division)
3. Material defects, manifest errors can no longer happen in an AES 13. If the BOC reconvenes motu propio, election protest is the only remedy
No manifest errors can happen under AES (tabulated twice) Election protest can never be filed in front of the BOC, has to be COMELEC
Cannot happen - 2 types of omissions: division
1. Name of candidate are omitted Illegal proceedings by BOC - your remedies are:
1. Electoral protest before the COMELEC division; or Municipality - RTC (appealable to COMELEC division)
2. Annulment of proclamation Barangay - MTC, MCTC (appealable to COMELEC division)
14. Congress rejects a COC from a province on the ground that the electronic Division because judicial, not administrative
transmission and data storage device are corrupted 25. The best evidence in an election protest in an AES are the ballots themselves
Congress is canvassing COC’s for the position of President, VP Questioning the results at the voter level - ballots
They can reject the corrupted data storage device If you don’t have the ballots, the best evidence is the picture images of the
15. What are the powers of Congress and COMELEC insofar as their power to canvass ballots as scanned by the VCM (case law)
is concerned under AEL? 26. 4th placer files an election protest against a duly proclaimed presidential candidate
They can determine: on the 15th day
1. Authenticity of the COC; and Within prescriptive period - 30 days
2. Due execution of the COC Only 2nd or 3rd placer can file for President, Vice-President and Municipal
AEL enumerates 4 instances which will go into the authenticity and due officials
execution of the COC: Municipal officials (rules of the SC, others, no such rule)
1. No signature from the BOEI Other positions - any candidate can file
2. Discrepancies
3. Discrepancies
4. Discrepancies
Erasure and alterations and incompleteness March 8:
They can reject on the ground that they are not authentic or duly executed
16. Pre-proclamation cases can subsist even if proclamation is already made 1. Disqualification cases were filed against 2 candidates, district rep and provincial
No - they cannot - long list of SC decisions governor, they both claim that upon proclamation, DQ cases have been rendered
17. Election protests and annulment of proclamation can be filed simultaneously moot and no election cases can be filed henceforth
Both cannot be filed before a proclamation Both false:
They cannot be filed simultaneously Governor - case proceeds and COMELEC retains jurisdiction (ER
18. What are you questioning in an annulment of proclamation? Ejercito case)
Proclamation itself SC: prevented from assuming office or unseat
19. What are you questioning in an election protest? Succession or special election
Admitting the proclamation, just the manner of the election itself District rep - continues, 3 prerequisites for a DQ case wherein
20. If annulment of proclamation is not granted, an election protest cannot be filed COMELEC will lose jurisdiction in favor of the HRET:
False - an election protest can still be filed within the remaining prescriptive 1. Valid proclamation
period: 2. Valid oath
G.R. - 10 days 3. Must have assumed office
President 30 days Can any other case that can be filed after proclamation?
Senate 15 days 1. Election offense
21. When should you file an anulment of election case? 2. Election protest
Within 10 days from proclamation 2. The death of the protestant or protest renders the election protest moot and should
22. An election protest and quo warranto case can be filed simultaneously and the be dismissed
outcomes are the same Both depends:
Although the causes of action are different: If the position has a right of succession (local, president, vice-
1. Quo warranto - disloyal to the republic or eligibility president) - it will proceed
2. Election protest - assailing any irregularity Party-list, district or senators - special election
Different outcomes regarding replacement: In what cases can it proceed? Death does not render it moot?
1. Quo warranto - not the second place (succession or special elections) If there is a right of succession (e.g. Vice mayor etc.) - he must show
2. Election protest - whoever wins the election that the protest actually won (if he did not win, the vice mayor will not
23. An election protest can be filed solely based on the ER/COC, not the ballots become the mayor)
It can be the sole basis if there are any irregularities 3. Non-payment of cash deposit, non-inclusion of verification, no certificate of non-
Case law - Senator Loren Legarda (no need to question ballots) forum shopping, assailing some of the precincts
24. All election protests for local offices are filed with the COMELEC en banc Non-payment of cash deposit - general rule is it is fatal
No - local offices: Exception: estoppel (fail to object) - subject to waiver
Regional, provincial, city - COMELEC division (appealable to Non-verification - fatal
COMELEC en banc) Non-inclusion of non-forum shopping - general rule is it is fatal
Assailing some of the precincts - you have to specifically state which 1. SD Card
precincts you are assailing, if not, fatal 2. iButton and PIN
Exception: all precincts 3. Rejected
4. Election protest of Mar Roxas filed in 2010 is now rendered moot 4. Accepted
Yes - Miriam’s case - protest deemed abandoned by filing of COC 12. BEI may not allow a person to vote
Can you not argue that he must win first before it is deemed abandoned? Yes - 4 instances:
No - term is about to expire 1. Indelible ink already on the finger
5. Liberal party designates 5 poll watchers per precinct who are non-residents of the 2. Not in the list of voters (EDCVL)
municipality 3. If there was a challenge for illegal acts and he refuses to swear
Poll watchers must be registered voters of the municipality - Law > GI 4. If BEI is not certain as to his identity
5 poll watchers valid, no maximum allowed by law - GI says only 2 How is the EDCVL different from the PCVL (posted CVL)?
6. Poll watchers have a demandable right in testing and sealing the VCM's PCVL can be found on the door
No demandable right 13. For an orderly and efficient system, an innovative BEI gave out numbers to voters,
GI and law both silent as to the right VCM’s opened at 5am, and did not apply indelible ink if the ballot was not accepted
7. There are 5 diagnostics during the final sealing of the VCM on April 30 by the VCM
May 2-6, not April 30 All false:
There are 10: Holding area - but cannot be given numbers
1. Audio VCM has to open at 6am at the earliest
2. Cast/return buttons Cannot not apply indelible ink (GI)
3. Date 14. Only the BEI chair can give the ballot to the voter and deposit the ballot inside the
4. Ethernet VCM
5. Power Yes - only the chairman can give the ballot (cannot be delegated according
6. Printing to GI)
7. USB Cannot - only the voter can deposit the ballot in the VCM, except if:
8. Ballot scanning 1. Illiterate; or
9. Transmission 2. PWD
10. Touch screen 15. The 2 SD cards the VCM and the ballot box are to be delivered to the city/municipal
8. VCM initialisation report for a precinct shows 3 votes for a candidate and 1000 board of canvassers after the close of polls
voters 2 SD cards:
Re-zero during initialization Slot A shall be delivered to the election officer
Cannot be 1000 voters, since maximum would be 800 Slot B must remain in the VCM
9. Voting can still be conducted until 7pm of election day VCM goes to logistics officer of the COMELEC
Until 5pm Ballot box - city/municipal treasurer
Unless there are voters still lined up; requirements: 16. During and after the voting, the ballot box cannot be opened
1. Names listed down During - it can if it needs a “wobble”
2. Name called 3 times If there is still no space - press it down
3. Be there at 5pm (within 30m from the polling place) After - cannot be opened unless it is when you take out and put in the
10. Voter takes a photo of his ballot, puts his name on the ballot and asks someone to envelopes provided it is with the authority of COMELEC, provided further,
fill up the ballot on his behalf there is prior notice to BEI, treasurer and watchers
Photo - GI does not allow it, and you cannot use camera phones 17. How many markers are provided in the GI?
Puts his name on the ballot - not allowed 24
Fill up on his behalf - if PWD, illiterate, ok
Who can assist?
1. Within 4th civil degree (affinity or consanguinity) - up to 3
2. Persons they trust from household - up to 3 March 10:
3. BEI
11. There is an envelope for marked ballots 1. Last Christmas, former sec. Mar Roxas gave away loot bags to underprivileged
No - no such one in the list children
Marked ballot, can it be counted? There is no problem, it does not constitute vote buying if it was not given out
Yes - if the machine take it in - if it rejects it, place in rejected ballots to induce them (case law)
What are the 4 specific envelopes? Defences:
1. Tradition - the only remedy is to file a penal case against him
2. Not yet campaign period, so he is not a candidate (AEL) 9. To raise funds for the bar ops, the bar ops fund head is planning a drinking party at
3. Intention is not to campaign the pool club on May 8, 2016, will you go?
2. If done today? Liquor ban - May 8-9, 2016
May be an election offense Mala prohibita - intention is immaterial
Defence of campaign period is not valid since he is a candidate already Liability:
Defence - no issuance of funds involved, if it had been approved before hand Persons selling
and it is not intended for campaign Persons drinking
Only contributions regularly and habitually given are exempt from the rule on 10. You were appointed consultant of legal affairs by your city today (March 10)
contribution (normal and customary religious stipends) Not yet within the March 25 prohibition period so it is valid
3. On May 5, 2016, a provincial governor appoints a person to the Sanggunian Bayan If appointed March 28, can be valid only if with COMELEC approval
due to the permanent vacancy caused by the death of a councilor Can you not argue it is not civil service?
It is not within the rule - it is not a civil service position (case law) Maybe - it can be provisional, casual or temporary - which is valid
It is not an appointment, it is a filling of a vacancy for an elective position 11. An entrepreneur sets up a dimsum store near the poling place
4. Last March 8, the president appointed sec. Almendras as Sec. of DFA, and on April If beyond 30m, valid
8, the president appoints a justice to the SC If not election day or eve, valid
March 8 appointment - valid - not yet within March 25 prohibition period and What if the intention is just to make money?
a transfer only prohibits the transfer of civil service employees Not material, mala prohibita
April 8 - valid - appointments to SC not part of the ban 12. A BOC continues with the canvassing after a pre-proclamation case was raised
5. On March 22, 2016, the friends of Catmalogan City, based in California, donated to questioning the disorderly behavior of lawyers of one political party
the city donations in cash through the mayor who was running for reelection Is it an election offense?
Certain offenses are Mala Prohibita, others are Mala in Se No - it is not an election offense, the Omnibus election code provides
Mala in Se - intention is material, in this case, no intention to influence the an election offense for the BOC continuing counting despite order
election for campaign purposes, it is not an election offense from COMELEC
6. On April 1, 2016, city mayor signed a contract with the private sector for the What is your remedy if an election offense is not appropriate?
construction of socialised housing Pre-proclamation case before the BOC or COMELEC division
Valid - what is improper is the disbursement of the funds, not the signing of Or if there is a proclamation already - election contest or annulment of
the contract proclamation
What is prohibited is the disbursement of funds from the budget of the local 13. COMELEC can withdraw the deputation of a city prosecutor over election protests
government Can COMELEC withdraw?
What advice would you give the mayor? Before Omnibus Election Law - yes, as deputies, the deputation can
Just don’t sign be withdrawn (exclusive COMELEC jurisdiction)
Ask for COMELEC clearance Now - AEL - they have concurrent jurisdiction
7. The OMB suspends a provincial governor on April 16 for influencing the election
supervisor
Suspension of officials is not allowed unless RA 3019
In this case, OMB can validly suspend the governor, influencing an election
supervisor falls within RA 3019
Influencing is also an election offense
8. City mayor transfers a department head to another department today can be
disqualified by the COMELEC en banc at the first instance; his defense is it is not
election related
Transfer would be invalid - prohibition is from Jan. 10, 2016 to June 8, 2016
(election period)
Is there a difference in transferring and appointing?
Appointing - March 25, 2016 to May 9, 2016
Defense will not lie, it is a mala prohibita
Petition to disqualify should be filed COMELEC division (appealable to en
banc, then SC)
For it to be a disqualification case, it must be an election offense enumerated
under Sec. 68 of the Omnibus Election Code - transferring is not enumerated