Vous êtes sur la page 1sur 20

NOTES:

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])

Purpose of election laws

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])

a. Honest and clean elections

b. Intended to give effect to, rather than frustrate the will of the voters

3. Consider citing purpose of election law to support cause if weak on law or


facts but strong on equity (Millare v. Gironella [1983])

4. Act 1582 – requires that only qualified electors shall be admitted to the polls;
that they shall vote in absolute secrecy

a. Australian ballot system – shroud the marking of the ballots in


secrecy – to provide clean elections (US v. Cueto [1918]; Altavas v.
Municipal Council of Capiz [1934])

Construction of election laws


5. Must be liberally construed to the end that the will of the electorate in the
choice of public officials may not be defeated by technical infirmities
(Maruhom v. COMELEC, GR 139357 [2000])

a. better to err in favor of popular sovereignty than to be right in complex


but little understood legislation (Frivaldo v. COMELEC [1996])

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]) –

2|ANGELITO ORTIZ
UNIVERSITY OF CEBU SCHOOL OF LAW

i. HOWEVER, if SUBSTANTIAL departure from prescribed


method would plainly defeat purpose and spirit of the law, law
is mandatory and such departure is fatal to the validity of the
ballot

6. Rules and regulation for conduct of election MANDATORY if BEFORE


the election; DIRECTORY, if that is possible, if AFTER election – otherwise,
innocent voters will be deprived of their votes without any fault on their part –
same should NOT be nullified because officers appointed under the law to
direct the election and guard the purity of the ballot have not done their duty
(Luna v. Rodriguez [1918]; Alcala v. COMELEC [1984]; Saya-Ang v.
COMELEC, GR 155087 [2003])

7. Election contest is imbued with public interest – unlike an ordinary action


– involves not only adjudication of private interests of rival candidates but also
the paramount need of dispelling the uncertainty which beclouds the real
choice of the electorate with respect to who shall discharge the prerogatives
of the office within their gift

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])

8. Contemporaneous construction – by legislative branch and executive


branch – not binding but persuasive

Applicability

9. OEC governs all elections of public officers and, to the extent appropriate, all
referenda and plebiscites (Sec. 2)

10. Election – the choice or selection of candidates to public office by popular


vote through the use of the ballot, and the elected officials which are
determined through the will of the electorate.

a. Embodiment of the popular will, the expression of the sovereign power


of the people

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])

d. Republican forms of government – no one can be declared elected and


no measure can be declared carried unless he or it receives a majority

3 | ELECTION LAW NOTES


UNIVERSITY OF CEBU SCHOOL OF LAW

or plurality of the legal votes cast in the election (Rulloda v. COMELEC,


GR 154198 [2003])

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

a. SK elections – not a “regular” election because participated by youth


from 15-21 – some NOT qualified voters (Paras v. COMELEC [1996])

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

a. Initiative – process of lawmaking by the people without participation


of their elected representatives2

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)

4|ANGELITO ORTIZ
UNIVERSITY OF CEBU SCHOOL OF LAW

b. Referendum – consists merely of the electorate approving or rejecting


what has been drawn up or enacted by a legislative body

c. RA 6735 – Initiative and Referendum Act

d. RA 7160 – LGC – local initiative (Sec. 120) – legal process whereby


the registered voters of an LGU may directly propose, enact, or amend
any ordinance – local referendum (Sec. 126) – may approve, amend
or reject any ordinance enacted by the sanggunian

e. Resolutions, not only ordinances, as appropriate subjects of a local


initiative (Subic Bay Metropolitan Authority v. COMELEC [1996])

17. Plebiscite – a vote by the people, usually universal suffrage, on some


measure submitted to them by some person or body having the initiative

a. Under RA 6735 – the electoral process by which an initiative on the


Constitution is approved or rejected by the people

b. Generally used with reference to the voting to determine whether the


voters in the country favor ratification of the constitution or an
amendment thereto3

c. Also used in connection with the voting to determine whether voters in


the political unites affected agree to a proposed creation, division,
merger, abolition or boundary change of a political unit4

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])

a. RA 7160 – prescribes the procedure for recall of a local government


official

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)

5 | ELECTION LAW NOTES


UNIVERSITY OF CEBU SCHOOL OF LAW

i. Prohibits a recall election within one year immediately


preceding a regular local election (Sec. 74b)

(1) “Recall” Refers to the recall election and NOT to


preliminary proceedings to initiate a recall – the initiation
of recall proceedings is NOT prohibited within the one-
year period provided

(2) “Regular local election” – refers to an election where


position of the official to be recalled is to be actually
contested and filled by the electorate – refers to the date
of regular local election, NOT the campaign period
(Claudio v. COMELEC, GR 140560 [2000])

Election and Campaign Periods

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.)

a. President and VP – 90 days before day of election

b. Congress and local election – 45 days

c. Barangay election – 15 days

d. Special elections under Sec. 5(2), Art VIII, 1973 Constitution (now
Sec. 9, Art VI)5 – 45 days

21. Election day – day legally established for the election of a


public official

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)

a. Constitution does not fix an unalterable period for election campaign


but authorized COMELEC to fix it in special cases (Occena v.
COMELEC [1980]

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)

6|ANGELITO ORTIZ
UNIVERSITY OF CEBU SCHOOL OF LAW

Obligation to Register and Vote

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

a. Any person who transfers residence to another city, municipality or


country – solely by reason of his (a) occupation; (b) profession; (c)
employment in private or public service; (d) educational activities; (e)
work in military or naval reservations; (f) service in the army, navy or
air force; (g) the constabulary or national police force; or (h)
confinement or detention in government institutions in accordance with
law – shall be deemed not to have lost his original residence. (ibid.)

25. Disqualifications – The following shall be disqualified from voting –

a. Sentenced by final judgment to suffer imprisonment for NOT than


one year, such disability not having been removed by plenary pardon
or granted amnesty: Provided, however, That any person disqualified
to vote under this paragraph shall AUTOMATICALLY REACQUIRE
the right to vote upon expiration of five years after service of
sentence.

b. Adjudged by final judgment by competent court or tribunal of having


committed any crime involving disloyalty to the duly constituted
government such as rebellion, sedition, violation of the anti-
subversion and firearms laws, or any crime against national
security, UNLESS restored to his full civil and political rights in
accordance with law: Provided, That he shall REGAIN his right to
vote AUTOMATICALLY upon expiration of five years after service
of sentence.

c. Insane or incompetent persons as declared by competent authority

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)

7 | ELECTION LAW NOTES


UNIVERSITY OF CEBU SCHOOL OF LAW

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])

b. Republicanism – necessarily points to the enfranchised citizens as a


particle of popular sovereignty and as the ultimate source of the
established authority (Moya v. Del Fierro [1939]

c. A republic be true to its name requires that the government rests on


the consent of the people, consent freely given, intelligently arrived at,
honestly recorded, and thereafter counted (Bailles v. Cabili [1969])

d. Right to vote – political right enabling every citizen to participate in the


process of government to assure that it derives its power from the
consent of the governed (Pungutan v. COMELEC [1972])

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])

29. Suffrage as a right and privilege –

a. Right – it is the expression of the sovereign will of the people (Lacson


v. Posadas [1976])

b. Privilege – exercise is conferred only to such persons or class of


persons as are most likely to exercise it for the purpose of the public
good (People v. Corral [1936])

30. Suffrage as a duty –

a. Charge a citizen with the performance of a duty in the nature of a public


trust, and constitute him a representative of the whole people – should
be exercised in good faith with an intelligent zeal for the general benefit
and welfare of the state (Abanil v. Justice of the Peace [1940])

31. Role of judiciary – to give the people’s right of suffrage efficacy and not to
stifle or frustrate it

8|ANGELITO ORTIZ
UNIVERSITY OF CEBU SCHOOL OF LAW

Postponement of Election

32. COMELEC, motu proprio or upon a verified petition by any interested


party –

a. after due notice and hearing, whereby all interested parties are
afforded equal opportunity to be heard

b. when for any serious cause such as violence, terrorism, loss or


destruction of election paraphernalia or records, force majeure, and
other analogous causes of such a nature

c. that the holding of a free, orderly and honest election should


become impossible in any political subdivision

shall postpone the election therein to a date which should be 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 for such postponement or suspension of the election or failure to elect.
(Sec. 5, OEC)

33. COMELEC’s (en banc) power to postpone –

a. Motu proprio or upon a verified petition

b. The postponement, declaration of failure of election and the calling of


special elections as provided in Sections 5, 6 and 7 of the Omnibus
Election Code shall be decided by the Commission sitting en banc by
a majority vote of its members. The causes for the declaration of a
failure of election may occur before or after the casting of votes or on
the day of the election. In case a permanent vacancy shall occur in the
Senate or House of Representatives at least one (1) year before the
expiration of the term, the Commission shall call and hold a special
election to fill the vacancy not earlier than sixty (60) days nor longer
than ninety (90) days after the occurrence of the vacancy. However, in
case of such vacancy in the Senate, the special election shall be held
simultaneously with the succeeding regular election. (Sec. 4, RA 7166)

c. When for any serious cause such as rebellion, insurrection,


violence, terrorism, loss or destruction of election paraphernalia,
and any analogous causes of such nature that the holding of a free,
orderly and honest election should become impossible in any
barangay, the Commission on Elections motu propio or upon sworn
petition of ten (10) registered voters of a barangay, after summary
proceedings of the existence of such grounds, shall suspend or
postpone the election therein to a date reasonably close to the date of
the election that is not held or is suspended or postponed, or which

9 | ELECTION LAW NOTES


UNIVERSITY OF CEBU SCHOOL OF LAW

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)

d. No other body or officer has the power to postpone or reset an election


date, and consequently the postponement or resetting of the election
date by the COMELEC Assistant Director or the COMELEC Special
Action Team is invalid (Sumbing v. Davide, GR 86850 [1989])

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)

36. Amended by – Secs. 4&6, RA 7166

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]

a. NOT an election case

b. NOT the same as a pre-proclamation controversy

c. Proclamation of a winning candidate and his assumption of office is


NOT an impediment (Mitmug v. COMELEC [1994]; Borja v.
COMELEC [1995])

10 | A N G E L I T O O R T I Z
UNIVERSITY OF CEBU SCHOOL OF LAW

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])

a. Motu proprio or upon a verified petition – hearing of case shall be


summary in nature – formal trial-type hearing is NOT at all times and
in all instances essential to due process (Cawasa v. COMELEC, GR
150469 [2002])

39.

40.

41.

42.

43.

44.

45.

46.

47.

48.

11 | ELECTION LAW NOTES


UNIVERSITY OF CEBU SCHOOL OF LAW

Disqualifications

1. Disqualified to be a candidate and to hold any office – UNLESS he has been


given plenary pardon or granted amnesty – any person who –

a. has been declared by competent authority insane or incompetent;


OR

b. has been sentenced by final judgment for –

i. subversion;

ii. insurrection;

iii. rebellion;

iv. any offense for which he has been sentenced to a penalty of


more than eighteen months (now 1 year – amended by Sec.
40a, RA 7160); OR

v. a crime involving moral turpitude (Sec. 12, OEC)

2. Disqualifications to be a candidate shall be deemed removed upon the


declaration by competent authority that –

(1) said insanity or incompetence had been removed; OR

(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)

3. 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 found by the COMELEC
of having –

a. given money or other material consideration to influence, induce or


corrupt the voters or public officials performing electoral functions;

b. committed acts of terrorism to enhance his candidacy;

c. spent in his election campaign an amount in excess of that allowed


by this Code;

12 | A N G E L I T O O R T I Z
UNIVERSITY OF CEBU SCHOOL OF LAW

d. solicited, received or made any contribution prohibited under


Sections 89,7 95,8 96,9 9710 and 104;11 or

7 UNLAWFUL for any candidate, political party, organization, or any person


(1) to give or accept, free of charge, directly or indirectly, transportation, food or drinks
or things of value
(a) during the five hours before and after a public meeting;
(b) on the day preceding the election; AND
(c) on the day of the election; OR
(2) to give or contribute, directly or indirectly, money or things of value for such
purpose.
8 Prohibited contributions. – NO contribution for purposes of partisan political activity shall

be made directly or indirectly by any of the following:


(a) Public or private financial institutions: PROVIDED, HOWEVER, That NOTHING herein
shall prevent the making of any loan to a candidate or political party by any such public or
private financial institutions legally in the business of lending money, and that the loan is
made in accordance with laws and regulations and in the ordinary course of business;
(b) Natural and juridical persons operating a public utility or in possession of or exploiting
any natural resources of the nation;
(c) Natural and juridical persons who hold contracts or sub-contracts to supply the
government or any of its divisions, subdivisions or instrumentalities, with goods or services
or to perform construction or other works;
(d) Natural and juridical persons who have been granted franchises, incentives, exemptions,
allocations or similar privileges or concessions by the government or any of its divisions,
subdivisions or instrumentalities, including GOCCs;
(e) Natural and juridical persons who, within one year prior to the date of the election, have been
granted loans or other accommodations in excess of P100,000 by the government or
any of its divisions, subdivisions or instrumentalities including government-owned or
controlled corporations;
(f) Educational institutions which have received grants of public funds amounting to no less
than P100,000.00;
(g) Officials or employees in the Civil Service, or members of the AFP; and
(h) Foreigners and foreign corporations.
9 Soliciting or receiving contributions from foreign sources. – UNLAWFUL for any person,

including a political party or public or private entity to solicit or receive, directly or


indirectly, any aid or contribution of whatever form or nature from any foreign national,
government or entity for the purposes of influencing the results of the election.
10 Prohibited raising of funds. - It shall be unlawful for any person to hold dances, lotteries,

cockfights, games, boxing bouts, bingo, beauty contests, entertainments, or


cinematographic, theatrical or other performances for the purpose of raising funds for an
election campaign or for the support of any candidate from the commencement of the election
period up to and including election day; or for any person or organization, whether civic or
religious, directly or indirectly, to solicit and/or accept from any candidate for public office, or
from his campaign manager, agent or representative, or any person acting in their behalf,
any gift, food, transportation, contribution or donation in cash or in kind from the
commencement of the election period up to and including election day; Provided, That normal
and customary religious stipends, tithes, or collections on Sundays and/or other designated
collection days, are excluded from this prohibition.
11 Prohibited donations by candidates, treasurers of parties or their agents. - No candidate, his or

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

13 | ELECTION LAW NOTES


UNIVERSITY OF CEBU SCHOOL OF LAW

e. violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e, k, v,


and cc, subparagraph 6 –

shall be disqualified from continuing as a candidate, or if he has been elected,


from holding the office. (Sec. 68, OEC)

4. Any person who is a permanent resident of OR an immigrant to a foreign


country shall NOT be qualified to run for any elective office under the OEC,
UNLESS said person has waived his status as permanent resident or
immigrant of a foreign country in accordance with the residence
requirement provided for in the election laws. (Sec. 68, OEC)

5. The following persons are DISQUALIFIED from running for any elective local
position:

a. Those sentenced by final judgment for an offense involving moral


turpitude or for an offense punishable by one (1) year or more of
imprisonment, within two (2) years after serving sentence;

b. Those removed from office as a result of an administrative case;

c. Those convicted by final judgment for violating the oath of allegiance


to the Republic;

d. Those with dual citizenship (actually means dual allegiance –


Mercado v. Anzano);

e. Fugitives from justice in criminal or non-political cases here or abroad;

f. Permanent residents in a foreign country or those who have


acquired the right to reside abroad and continue to avail of the same
right after the effectivity of this Code; and

g. Insane or feeble-minded. (Sec. 40, RA 7160)

6. Remedies re: elegibility and ineligibility vis-à-vis qualifications and


disqualifications –

a. Petition for disqualification (Sec. 68)

b. Petition to deny due course and/or cancel the COC –

i. A verified petition seeking to deny due course or to cancel a


certificate of candidacy may be filed by the person exclusively

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.

14 | A N G E L I T O O R T I Z
UNIVERSITY OF CEBU SCHOOL OF LAW

on the ground that any material representation contained


therein as required under Section 74 hereof is FALSE. The
petition may be filed at any time not later than twenty-five
days from the time of the filing of the COC and shall be
decided, after due notice and hearing, not later than fifteen days
before the election. (Sec. 78, OEC)

ii. It may be concluded that the material misrepresentation


contemplated by section 78 of the Code refer to qualifications
for elective office. This conclusion is strengthened by the fact
that the consequences imposed upon a candidate guilty of
having made a false representation in his certificate of
candidacy are grave to prevent the candidate from running or,
if elected, from serving, or to prosecute him for violation of the
election laws. It could not have been the intention of the law to
deprive a person of such a basic and substantive political right
to be voted for a public office upon just any innocuous mistake.
(Salcedo II v. COMELEC, GR 135886 [1999])

iii. Even without a petition under Section 78 of the Omnibus


Election Code, the COMELEC is under a legal duty to cancel
the COC of anyone suffering from perpetual special
disqualification to run for public office by virtue of a final
judgment of conviction. The final judgment of conviction is
judicial notice to the COMELEC of the disqualification of the
convict from running for public office. The law itself bars the
convict from running for public office, and the disqualification is
part of the final judgment of conviction. The final judgment of the
court is addressed NOT ONLY to the Executive branch, but also
to other government agencies tasked to implement the final
judgment under the law. (Aratea v. COMELEC, GR 195229
[2012])

iv. In a certificate of candidacy, the candidate is asked to certify


under oath his eligibility, and thus qualification, to the office he
seeks election. Even though the certificate of candidacy does
not specifically ask the candidate for the number of terms
elected and served in an elective position, such fact is material
in determining a candidate’s eligibility, and thus qualification for
the office. Election to and service of the same local elective
position for three consecutive terms renders a candidate
ineligible from running for the same position in the succeeding
elections. Lonzanida misrepresented his eligibility because he
knew full well that he had been elected, and had served, as
mayor of San Antonio, Zambales for more than three
consecutive terms yet he still certified that he was eligible to run

15 | ELECTION LAW NOTES


UNIVERSITY OF CEBU SCHOOL OF LAW

for mayor for the next succeeding term. Thus, Lonzanida’s


representation that he was eligible for the office that he sought
election constitutes false material representation as to his
qualification or eligibility for the office. (ibid.)

v. The use of foreign passport after renouncing one’s foreign


citizenship is a positive and voluntary act of representation as
to one’s nationality and citizenship; it does not divest Filipino
citizenship regained by repatriation but it recants the Oath of
Renunciation required to qualify one to run for an elective
position. (Maquiling v. COMELEC, GR 195649 [2013])

vi. Under Section 4(d) of the Local Government Code, a person


with "dual citizenship" is disqualified from running for any
elective local position. In Mercado v. Anzano, it was clarified
that the phrase "dual citizenship" in said Section 4(d) must be
understood as referring to "dual allegiance.'' Subsequent,
Congress enacted RA 9225 allowing natural-born citizens of the
Philippines who have lost their Philippine citizenship by reason
of their naturalization abroad to reacquire Philippine citizenship
and to enjoy full civil and political rights upon compliance with
the requirements of the law. They may now run for public office
in the Philippines provided that they: (1) meet the qualifications
for holding such public office as required by the Constitution and
existing laws; and, (2) make a personal and sworn renunciation
of any and all foreign citizenships before any public officer
authorized to administer an oath46 prior to or at the time of filing
of their CoC. (Arnado v. COMELEC, GR 210164 [2015])

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

16 | A N G E L I T O O R T I Z
UNIVERSITY OF CEBU SCHOOL OF LAW

the disqualified winning candidate remained valid. Ergo, San


Luis, being the second placer in the vote count, remains the
second placer. He cannot, thus, be named the winner. (Ejercito
v. COMELEC, GR 212398 [2014])

c. Quo warranto (Sec. 253, OEC)

7. Effect of Disqualification Case –

a. Any candidate who has been declared by final judgment to be


disqualified shall not be voted for, and the votes cast for him shall not
be counted.

b. If for any reason a candidate is not declared by final judgment before


an election to be disqualified and he is voted for and receives the
winning number of votes in such election, the Court or Commission
shall continue with the trial and hearing of the action, inquiry, or protest
and, upon motion of the complainant or any intervenor, may during the
pendency thereof order the suspension of the proclamation of such
candidate whenever the evidence of his guilt is strong. (Sec. 6, RA
6646)

8. Effect of Petition if Unresolved Before Completion of Canvass. – If a Petition


for Disqualification is unresolved by final judgment on the day of elections, the
petitioner may file a motion with the Division or Commission En Banc where
the case is pending, to suspend the proclamation of the candidate concerned,
provided that the evidence for the grounds to disqualify is strong. For this
purpose, at least three (3) days prior to any election, the Clerk of the
Commission shall prepare a list of pending cases and furnish all
Commissioners copies of said the list. In the event that a candidate with an
existing and pending Petition to disqualify is proclaimed winner, the
Commission shall continue to resolve the said Petition. (Sec. 5, Rule 25,
COMELEC Resolution No. 9523)

9. (Romeo Jalosjos, Jr. v. COMELEC, GR 192474 [2012])

10. (Dominador Jalosjos, Jr. v. COMELEC, GR 193237 [2012])

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

17 | ELECTION LAW NOTES


UNIVERSITY OF CEBU SCHOOL OF LAW

Norte. However, due to supervening events as we previously discussed,


Diambrang can no longer hold office. (Diambrang v. COMELEC)

12. (People v. Romeo Jalosjos, GR 132875-76 [2001])

18 | A N G E L I T O O R T I Z