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ELECTION LAW
UNIVERSITY OF CEBU SCHOOL OF LAW
ANGELITO M. ORTIZ
A.Y. 2018-2019
Contents
INTRODUCTION ........................................................................................................ 2
Purpose of election laws ........................................................................................... 2
Construction of election laws ..................................................................................... 2
Applicability ............................................................................................................... 3
Election and Campaign Periods ................................................................................ 6
Obligation to Register and Vote................................................................................. 7
Postponement of Election.......................................................................................... 9
Failure of Election.................................................................................................... 10
Disqualifications ...................................................................................................... 12
UNIVERSITY OF CEBU SCHOOL OF LAW
INTRODUCTION
1. Congressional power to regulate elections – where the Constitution does
not provide for the parameters of the exercise of legislative authority in
enacting a law dealing with elections, in the absence of restrictions, Congress
is presumed to have duly exercised its function (Macalintal v. COMELEC, GR
157013 [2003])
2. To secure a fair and honest count of the ballots cast – since purity of
elections is one of the most important and fundamental requisites of popular
government (Cauton v. COMELEC [1967])
b. Intended to give effect to, rather than frustrate the will of the voters
4. Act 1582 – requires that only qualified electors shall be admitted to the polls;
that they shall vote in absolute secrecy
b. election law does NOT provide that a departure from a prescribed form
will be fatal and such departure has been due to an honest mistake or
misinterpretation of the law on the part of him who was obligated to
observe it, and such departure has not been used as a means for
fraudulent practices or for the intimidation of votes, and it is clear that
there has been a free and honest expression of the popular will, law
will be held directory and such departure will be considered a harmless
irregularity (Gardiner v. Romulo [1914]) –
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a. it is neither fair nor just to keep in office for an uncertain period one
whose right to it is under suspicion (Ali v. CFI of Lanao [1948]); Pahilan
v. Tabalba [1993]; Bince v. COMELEC [1995])
Applicability
9. OEC governs all elections of public officers and, to the extent appropriate, all
referenda and plebiscites (Sec. 2)
b. Act of casting and receiving the ballots, counting them, and making the
return (Hontiveros v. Altavas [1913])
c. Conduct of the polls, including the listing of voters, the holding of the
electoral campaign, and the casting and counting of the votes (Taule
v. Santos [1991])
11. “Any election” – not only any election then provided by the laws and the
Constitution, but any election which may thereafter be established or
required to be held pursuant to law (Gatchalian v. COMELEC [1970])
12. Regular election – held on such dates established by law at regular intervals
(See Secs. 13, 21, 29, 37) – also refers to an election participated in by those
who possess the right of suffrage, are NOT otherwise disqualified by law,
and who are registered voters
13. Special election – not regularly held to supply a vacancy in a particular office
(Papa v. Municipal Board; See Secs. 7,14,22) – also refers to an election held
when there is a failure of election (Lucero v. COMELEC [1994])
14. “After election” – means after the last step necessary to a valid election,
which is the proclamation or certificate of the provincial board of canvassers
(Hontiveros v. Altavas [1913] – old law)
15. Purpose of election – to give the voters a direct participation in the affairs
of their government, either in determining who shall be their public officials
or in deciding some question of public interest (Grand Alliance for
Democracy v. COMELEC [1987])
16. Initiative and Referendum – lawmaking powers that belong to the people –
“people-power” features of our Constitution1
1 The Congress shall, as early as possible, provide for a system of initiative and referendum, and
the exceptions therefrom, whereby the people can directly propose and enact laws or
approve or reject any act or law or part thereof passed by the Congress or local legislative
body after the registration of a petition therefor signed by at least ten per centum of the total
number of registered voters, of which every legislative district must be represented by at least
three per centum of the registered voters thereof. (Sec. 32, Art. VI)
2 Amendments to this Constitution may likewise be directly proposed by the people through
initiative upon a petition of at least twelve per centum of the total number of registered voters,
of which every legislative district must be represented by at least three per centum of the
registered voters therein. No amendment under this section shall be authorized within five
years following the ratification of this Constitution nor oftener than once every five years
thereafter. The Congress shall provide for the implementation of the exercise of this right.
(Sec. 2, Art. XVII)
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18. Recall – method for removing an elective public officer by the people before
the end of the officer’s term of office (Angobung v. COMELEC [1997])
3 Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid when
ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty
days nor later than ninety days after the approval of such amendment or revision.
Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes
cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days
after the certification by the Commission on Elections of the sufficiency of the petition. (Sec.
4, Art. XVII)
4 No province, city, municipality, or barangay may be created, divided, merged, abolished, or its
boundary substantially altered, except in accordance with the criteria established in the Local
Government Code and subject to approval by a majority of the votes cast in a plebiscite in
the political units directly affected. (Sec. 10. Art. X); … The creation of the autonomous region
shall be effective when approved by majority of the votes cast by the constituent units in a
plebiscite called for the purpose, provided that only provinces, cities, and geographic areas
voting favorably in such plebiscite shall be included in the autonomous region. (Sec. 18, Art.
X)
19. Election period – commences 90 days before day of election and ends 30
days hereafter – may be fixed in special cases by COMELEC (Sec. 3, OEC)
20. Campaign period – fixed by law – shall NOT include the day before and the
day of election (ibid.)
d. Special elections under Sec. 5(2), Art VIII, 1973 Constitution (now
Sec. 9, Art VI)5 – 45 days
22. COMELEC’s power to fix election period – Unless otherwise fixed by the
Commission in special cases, the election period shall commence ninety
days before the day of the election and shall end thirty days after. (Sec. 9,
Art. IX-C)
5 In case of vacancy in the Senate or in the House of Representatives, a special election may be
called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the
House of Representatives thus elected shall serve only for the unexpired term. (Sec. 9, Art.
VI)
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UNIVERSITY OF CEBU SCHOOL OF LAW
23. Obligation of every citizen qualified to vote to register and cast his vote (Sec.
4, OEC)
24. Qualifications – Every (a) citizen of the Philippines, (b) not otherwise
disqualified by law, (c) eighteen years of age or over, (d) who shall have
resided in the Philippines for one year and in the city or municipality wherein
he proposes to vote for at least six months immediately preceding the
election, may be registered as a voter. (Sec. 117, OEC)6
6 Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law,
who are at least eighteen years of age, and who shall have resided in the Philippines for at
least one year and in the place wherein they propose to vote for at least six months
immediately preceding the election. No literacy, property, or other substantive
requirement shall be imposed on the exercise of suffrage. (Sec. 1, Art. V)
26. “The Congress shall provide a system for securing the secrecy and
sanctity of the ballot as well as a system for absentee voting by
qualified Filipinos abroad.” (Sec. 2, Art. V)
27. “…No religious test shall be required for the exercise of civil or political
rights.” (Sec. 5, Art. III)
28. Suffrage – a voice given not only in the choice of a man for an office or trust,
but also in deciding a controverted question (Javellana v. Exec. Sec. [1873])
a. Means by which the people express their sovereign judgment and its
free exercise must be protected especially against the purchasing
power of the peso (Nolasco v. COMELEC [1997])
e. Predicated upon the theory that the people who bear the burden of
government should share in the privilege of choosing the officials of
that government (Macolor v. Amores [1953])
31. Role of judiciary – to give the people’s right of suffrage efficacy and not to
stifle or frustrate it
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UNIVERSITY OF CEBU SCHOOL OF LAW
Postponement of Election
a. after due notice and hearing, whereby all interested parties are
afforded equal opportunity to be heard
resulted in a failure to elect, but not later than thirty (30) days after the
cessation of the cause for such suspension or postponement of the
election or failure to elect, and in all cases not later than ninety (90)
days from the date of the original election. (Sec. 2, RA 6679)
34. Grounds for postponement – after hearing – COMELEC finds that there is
extreme difficulty in conducting a free, orderly, honest, peaceful and credible
election on the date set by law and there is need for close supervision by the
COMELEC and effective military presence, which either can definitely
provide if elections were postponed – in province or locality concerned
(Dimaporo v. COMELEC, GR 81151 [1988])
Failure of Election
35. If, on account of force majeure, violence, terrorism, fraud, or other analogous
causes the election in any polling place has not been held on the date fixed,
or had been suspended before the hour fixed by law for the closing of the
voting, or after the voting and during the preparation and the transmission of
the election returns or in the custody or canvass thereof, such election results
in a failure to elect, and in any of such cases the failure or suspension of
election would affect the result of the election, the Commission shall, on the
basis of a verified petition by any interested party and after due notice and
hearing, call for the holding or continuation of the election not held,
suspended or which resulted in a failure to elect on a date reasonably close
to the date of the election not held, suspended or which resulted in a failure
to elect but not later than thirty days after the cessation of the cause of such
postponement or suspension of the election or failure to elect. (Sec. 6, OEC)
37. Nature – prayer to declare a failure of elections and to annul the election
results are actually of the same nature (Banaga v. COMELEC, GR 134696
[2000]
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38. COMELEC’s (en banc) power to declare failure – WON election has been
held and whether voting has taken place is properly within the administrative
jurisdiction of the COMELEC to determine (Pungutan v. COMELEC [1972])
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
Disqualifications
i. subversion;
ii. insurrection;
iii. rebellion;
(2) after the expiration of a period of five years (amended by Sec. 40a,
RA 7160 – now 2 years) from his service of sentence –
UNLESS within the same period he again becomes disqualified. (Sec. 12,
OEC)
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UNIVERSITY OF CEBU SCHOOL OF LAW
her spouse or any relative within the second civil degree of consanguinity or affinity, or his
campaign manager, agent or representative shall during the campaign period, on the day
before and on the day of the election, directly or indirectly, make any donation, contribution
or gift in cash or in kind, or undertake or contribute to the construction or repair of roads,
bridges, school buses, puericulture centers, medical clinics and hospitals, churches or
chapels cement pavements, or any structure for public use or for the use of any religious or
civic organization: Provided, That normal and customary religious dues or contributions, such
as religious stipends, tithes or collections on Sundays or other designated collection days, as
5. The following persons are DISQUALIFIED from running for any elective local
position:
well as periodic payments for legitimate scholarships established and school contributions
habitually made before the prohibited period, are excluded from the prohibition.
The same prohibition applies to treasurers, agents or representatives of any political party.
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vii. Ejercito was a bona fide candidate who was disqualified, not
because of any ineligibility existing at the time of the filing of the
certificate of candidacy, but because he violated the rules of
candidacy. His disqualifying circumstance, that is, his having
over-spent in his campaign, did not exist at the time of the filing
of his certificate of candidacy. It did not affect the validity of the
votes cast in his favor. Notwithstanding his disqualification, he
remains the candidate who garnered the highest number of
votes. Ejercito cannot be on the same footing with Arnado in the
Maquiling case. Arnado was disqualified from running for Mayor
of because he was a dual citizen not qualified to run for election.
His disqualification existed at the time of the filing of the
certificate of candidacy. The effect, pursuant to the Maquiling
case, is that the votes he garnered are void, which in turn
resulted in having considered the “second placer” – Maquiling –
as the candidate who obtained the highest number of valid
votes cast. San Luis is in a different circumstance. The votes for
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UNIVERSITY OF CEBU SCHOOL OF LAW
11. Clearly, the prevailing ruling is that if the certificate of candidacy is void ab
initio, the candidate is not considered a candidate from the very beginning
even if his certificate of candidacy was cancelled after the elections. Patad's
disqualification arose from his being a fugitive from justice. It does not
matter that the disqualification case against him was finally decided by the
COMELEC En Banc only on 14 November 2011. Patad's certificate of
candidacy was void ab initio. As such, Diambrang, being the first-placer
among the qualified candidates, should have been proclaimed as the
duly-elected Punong Barangay of Barangay Kaludan, Nunungan, Lanao del
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