ELECTION

LAW

ATTY. SAHARA ALIA J. SILONGAN

College of Law
Notre Dame University

REFERENCES: AGPALO, ElecHon Law. 2005

ed.; DE LEON, The Law on Public Officers
and ElecHon Law, 2019 ed.
GENERAL PRINCIPLES

REFERENCES: AGPALO, ElecHon Law. 2005

ed.; DE LEON, The Law on Public Officers
and ElecHon Law, 2019 ed.
 Governing laws
1.  1987 ConsHtuHon
2.  Omnibus ElecHon Code (BP 881)
3.  Electoral Reforms Law of 1987 (RA 6646)
4.  Act EliminaHng the Preparatory Recall Assembly (RA 9244)
5.  Automated ElecHon Law (RA 9369 amending RA 8436)
6.  Synchronized ElecHons Act (RA 7166)
7.  1991 Local Government Code (RA 7160)
8.  IniHaHve and Referendum (RA 6735)
9.  Fair ElecHons Act (RA 9006)
10.  Voter’s RegistraHon Act of 1996 (RA 9189)
11.  Overseas Absentee VoHng (RA 10590 amending RA 9189)
12.  Biometrics (RA 10367)
13.  Lone Candidate in Special ElecHons (RA 8295)
14.  Official Sample Ballots (RA 7004)
15.  CiHzenship RetenHon and ReacquisiHon Act (RA 9225)

The Omnibus Elec-on Code is the basic law in elecHons. It remains the fundamental law on the subject
and such pieces of legislaHons are designed to improve the law and to achieve the holding of honest,
orderly, peaceful, free and credible elec-ons (HOPEFRECRE).

REFERENCES: AGPALO, ElecHon Law. 2005
ed.; DE LEON, The Law on Public Officers
and ElecHon Law, 2019 ed.
 ConstrucHon
ElecHon laws should be reasonably and liberally construed to achieve their purpose – to effectuate and
safeguard the will of the electorate in the choice of their representaHves. ElecHon laws may be divided
into three parts for purposes of applying the rules of statutory construcHon, to wit:

1. Provisions for the conduct of elecHons which elec-on officials are required to follow.
Generally, the provisions of a statute as to the manner of conducHng the details of an elecHon are not
mandatory, but directory merely, and irregulariHes in conducHng an elecHon and counHng the votes,
not proceeding from any wrongful intent and which deprives no legal voter of his vote, will not viHate
an elecHon or jusHfy the rejecHon of the enHre votes of a precinct.

2. Provisions which candidates for office are required to do and comply with.
These are generally regarded as mandatory and failure to comply with such provisions is fatal.

3. Procedural rules which are designed to ascertain, in case of dispute, the actual winner in the
elecHons.
Technical and procedural barriers should not be allowed to stand if they consHtute an obstacle in the
choice of their elecHve officials.

REFERENCES: AGPALO, ElecHon Law. 2005

ed.; DE LEON, The Law on Public Officers
and ElecHon Law, 2019 ed.
 Philippine ElecHons
ELECTION is the embodiment of the popular will, the expression of the
sovereign power of the people. It involves the choice or selecHon of
candidates to public office by popular vote. It refers to the conduct of
polls. It means the lisHng of votes, the holding of electoral campaign,
the act of casHng and receiving the ballots from the voters, counHng
them, making the elecHon returns, and proclaiming the winning
candidates.

A “regular” elecHon, whether naHonal or local, refers to an elecHon
parHcipated in by those who possess the right of suffrage, are not
otherwise disqualified by law, and who are registered voters.

A “special” elecHon is held where there is a failure of elecHon on the
scheduled date of regular elecHon in a parHcular place or which is
conducted to fill up certain vacancies, as provided by law.

REFERENCES: AGPALO, ElecHon Law. 2005
ed.; DE LEON, The Law on Public Officers
and ElecHon Law, 2019 ed.
Pursuant to RA 9369, the May 2019 NLE was again fully automated, as it was with the May 2010 NLE, 2013 NLE and
with the May 2016 NLE, from:
1.  the counHng of votes in the precincts;
2.  the consolidaHon of the precinct results;
3.  the transmission of precinct results to the corresponding city/municipality canvassing board;
4.  the canvassing of precinct results in the district, city, municipal levels;
5.  the proclamaHon of winning candidates in the district, city, municipal levels;
6.  the transmission of the district, city, municipal canvassing results to the provincial canvassing board, and of the
highly urbanized city results to the naHonal canvassing board;
7.  the canvassing of city/municipal results in the provincial level;
8.  the proclamaHon of winning candidates in the provincial level;
9.  the transmission of the highly urbanized city and provincial results to the naHonal canvassing board; and
10.  the canvassing of provincial and highly urbanized city results, including overseas results, in the naHonal level.

The purpose of an elecHon is to enable the electorate to choose the men and women who would run their government,
whether naHonal, provincial, city, municipal, or barangay. It is to give the voters direct parHcipaHon in the affairs of
their government, either in determining who shall be their public officials or in deciding some quesHons of public
interests, and for this purpose all of the legal voters should be permiked, unhampered and unmolested, to cast their
ballots.

The primal feature of the elecHon law is to allow the ciHzen to vote secretly for whom he pleases, free from improper
influences.

REFERENCES: AGPALO, ElecHon Law. 2005

ed.; DE LEON, The Law on Public Officers
and ElecHon Law, 2019 ed.
 IniHaHve and Referendum
Applicable laws: 1987 Philippine ConsHtuHon, R.A. No. 6735 “The IniHaHve and Referendum Act”

1987 ConsHtuHon

SECTION 32, Ar-cle VI: The Congress shall, as early as possible, provide for a system of iniHaHve and
referendum, and the excepHons 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 legislaHve body amer
the registraHon of a peHHon therefor signed by at least ten per centum of the total number of
registered voters, of which every legislaHve district must be represented by at least three per centum of
the registered voters thereof.

SECTION 2, Ar-cle XVII: Amendments to this ConsHtuHon may likewise be directly proposed by the
people through iniHaHve upon a peHHon of at least twelve per centum of the total number of
registered voters, of which every legislaHve district must be represented by at least three per centum of
the registered voters therein. No amendment under this secHon shall be authorized within five years
following the raHficaHon of this ConsHtuHon nor omener than once every five years thereamer.

The Congress shall provide for the implementaHon of the exercise of this right.

REFERENCES: AGPALO, ElecHon Law. 2005

ed.; DE LEON, The Law on Public Officers
and ElecHon Law, 2019 ed.
 IniHaHve
R.A. No. 6735

Ini-a-ve is the power of the people to propose amendments to the ConsHtuHon or to
propose and enact legislaHons through an elecHon called for the purpose.

There are three (3) systems of iniHaHve, namely:
1.  IniHaHve on the ConsHtuHon which refers to a peHHon proposing amendments
to the ConsHtuHon;
2.  IniHaHve on statutes which refers to a peHHon proposing to enact a naHonal
legislaHon; and
3.  IniHaHve on local legislaHon which refers to a peHHon proposing to enact a
regional, provincial, city, municipal, or barangay law, resoluHon or ordinance.

Indirect ini-a-ve is exercise of iniHaHve by the people through a proposiHon sent to
Congress or the local legislaHve body for acHon.

REFERENCES: AGPALO, ElecHon Law. 2005

ed.; DE LEON, The Law on Public Officers
and ElecHon Law, 2019 ed.
 Referendum
Referendum is the power of the electorate to approve or reject a legislaHon through an elecHon called
for the purpose. It may be of two classes, namely:

1.  Referendum on statutes which refers to a peHHon to approve or reject an act or law, or part
thereof, passed by Congress; and
2.  Referendum on local law which refers to a peHHon to approve or reject a law, resoluHon or
ordinance enacted by regional assemblies and local legislaHve bodies.

SecHon 4. Who may exercise. — The power of iniHaHve and referendum may be exercised by all
registered voters of the country, autonomous regions, provinces, ciHes, municipaliHes and barangays.

SecHon 17. Local Referendum. — Notwithstanding the provisions of SecHon 4 hereof, any local
legislaHve body may submit to the registered voters of autonomous region, provinces, ciHes,
municipaliHes and barangays for the approval or rejecHon, any ordinance or resoluHon duly enacted or
approved.

Said referendum shall be held under the control and direcHon of the Commission within sixty (60) days
in case of provinces and ciHes, forty-five (45) days in case of municipaliHes and thirty (30) days in case
of barangays.

The Commission shall cerHfy and proclaim the results of the said referendum.

REFERENCES: AGPALO, ElecHon Law. 2005
ed.; DE LEON, The Law on Public Officers
and ElecHon Law, 2019 ed.
 Procedure
1. The proponent shall prepare the pe--on containing, among others, the law sought to be enacted, approved or
rejected, amended or repealed, as the case may be for the signature of the following per centum of registered voters:
a.  naHonal law: at least 10% of the total number of the registered voters, of which every legislaHve district is
represented by at least 3% of the registered voters thereof;
b.  1987 ConsHtuHon: at least 12% of the total number of registered voters as signatories, of which every legislaHve
district must be represented by at least 3% of the registered voters therein;
c.  regional, provincial or city law, resoluHon or ordinance: at least 10% of the registered voters in the province or
city, of which every legislaHve district must be represented by at least 3% of the registered voters therein;
Provided, however, That if the province or city is composed only of one (1) legislaHve district, then at least each
municipality in a province or each barangay in a city should be represented by at least 3% of the registered
voters therein;
d.  municipal ordinance: at least 10% of the registered voters in the municipality, of which every barangay is
represented by at least three 3% of the registered voters therein;
e.  barangay resoluHon or ordinance: at 10% of the registered voters in said barangay. (SecHon 5)

2. The proponent shall register the signed peHHon with the Commission;
3. The Commission shall set a special registra-on day at least 3 weeks before a scheduled iniHaHve or referendum.
(SecHon 6)
4. The Commission shall verify the signatures. (SecHon 7)
5. The Commission shall determine the sufficiency of the pe--on and publish the same at least twice in newspapers of
general and local circulaHon and set the date of the iniHaHve or referendum which shall not be earlier than 45 days but
not later than 90 days from the determinaHon by the Commission of the sufficiency of the peHHon. (SecHon 8)
6. The Commission shall supervise the conduct of iniHaHve or referendum. (SecHon 8)

REFERENCES: AGPALO, ElecHon Law. 2005

ed.; DE LEON, The Law on Public Officers
and ElecHon Law, 2019 ed.
NaHonal IniHaHve and Referendum

1.  If, as cerHfied to by the Commission, the proposiHon is approved by a majority of the votes cast,
the naHonal law proposed for enactment, approval, or amendment shall become effec-ve 15
days following compleHon of its publica-on in the Official Gazeke or in a newspaper of general
circulaHon in the Philippines. (SecHon 9 [a, 2nd par.])
2.  If, as cer-fied by the Commission, the proposiHon to reject a naHonal law is approved by a
majority of the votes cast, the said naHonal law shall be deemed repealed and the repeal shall
become effec-ve 15 days following the comple-on of publica-on of the proposiHon and the
cerHficaHon by the Commission in the Official Gazeke or in a newspaper of general circulaHon in
the Philippines. (SecHon 9 [a, 2nd par.])
3.  If the majority vote is not obtained, the naHonal law sought to be rejected or amended shall
remain in full force and effect. (SecHon 9 [a, 3rd par.])
4.  The proposiHon in an iniHaHve on the Cons-tu-on approved by a majority of the votes cast in
the plebiscite shall become effec-ve as to the day of the plebiscite. (SecHon 9 [b])
5.  A na-onal or local ini-a-ve proposi-on approved by majority of the votes cast in an elecHon
called for the purpose shall become effecHve 15 days aRer cer-fica-on and proclama-on by the
Commission. (SecHon 9 [c])

REFERENCES: AGPALO, ElecHon Law. 2005

ed.; DE LEON, The Law on Public Officers
and ElecHon Law, 2019 ed.
Sec-on 10. Prohibited Measures. — The following cannot be the subject of an
iniHaHve or referendum peHHon:
(a) No peHHon embracing more than one (1) subject shall be submiked to the
electorate; and
(b) Statutes involving emergency measures, the enactment of which are specifically
vested in Congress by the ConsHtuHon, cannot be subject to referendum unHl ninety
(90) days amer its effecHvity.

Sec-on 11. Indirect Ini:a:ve. — Any duly accredited people's organizaHon, as defined
by law, may file a peHHon for indirect iniHaHve with the House of RepresentaHves, and
other legislaHve bodies. The peHHon shall contain a summary of the chief purposes
and contents of the bill that the organizaHon proposes to be enacted into law by the
legislature.
The procedure to be followed on the iniHaHve bill shall be the same as the enactment
of any legislaHve measure before the House of RepresentaHves except that the said
iniHaHve bill shall have precedence over the pending legislaHve measures on the
commikee.

REFERENCES: AGPALO, ElecHon Law. 2005

ed.; DE LEON, The Law on Public Officers
and ElecHon Law, 2019 ed.
 Local IniHaHve and Referendum

1. The peHHon shall be filed with the Regional Assembly or local legislaHve body proposing the adopHon, enactment,
repeal, or amendment, of any law, ordinance or resoluHon by:
a.  Not less than 2,000 registered voters in case of autonomous regions;
b.  Not less than 1,000 in case of provinces and ciHes;
c.  Not less than 100 in case of municipaliHes; and
d.  Not less than 50 in case of barangays. (SecHon 13 [a])
2. If no favorable acHon thereon is made by local legislaHve body within 30 days from its presentaHon, the proponents
through their duly authorized and registered representaHve may invoke their power of iniHaHve, giving noHce thereof
to the local legislaHve body concerned. (SecHon 13 [b])
3. The proponents shall prepare the proposiHon(s)/peHHon with the assistance of the Secretary of Local Government or
his designated representaHve. (SecHon 13 [c])
4. The proponents shall collect the required number of signatures within the following periods counted from the noHce
abovemenHoned:
a.  autonomous regions - 120 days
b.  provinces and ciHes - 90 days
c.  municipaliHes – 60 days
d.  barangays – 30 days (SecHon 13 [e])
5. The peHHon shall be signed before the ElecHon Registrar, or his designated representaHve, in the presence of a
representaHve of the proponent, and a representaHve of the regional assemblies and local legislaHve bodies concerned
in a public place in the autonomous region or local government unit, as the case may be. (SecHon 13 [f])

REFERENCES: AGPALO, ElecHon Law. 2005

ed.; DE LEON, The Law on Public Officers
and ElecHon Law, 2019 ed.
6. Upon the lapse of the period herein provided, the Commission on ElecHons,
through its office in the local government unit concerned shall cerHfy as to whether or
not the required number of signatures has been obtained. Failure to obtain the
required number is a defeat of the proposiHon. (SecHon 13 [g])
7. If the required number of the signatures is obtained, the Commission shall then set
a date for the iniHaHve at which the proposiHon shall be submiked to the registered
voters in the local government unit concerned for their approval. CounHng from the
date of the cerHficaHon by the Commission:
a.  autonomous regions – 90 days
b.  provinces and ciHes – 60 days
c.  municipaliHes – 45 days
d.  barangays – 30 days. (SecHon 13 [h])
8. The iniHaHve shall then be held on the date set, amer which the results thereof shall
be cerHfied and proclaimed by the Commission on ElecHons. (SecHon 13 [h])
9. If the proposiHon is approved by a majority of the votes cast, it shall take effect 15
days amer cerHficaHon by the Commission as if affirmaHve acHon thereon had been
made by the local legislaHve body and local execuHve concerned. If it fails to obtain
said number of votes, the proposiHon is considered defeated. (SecHon 14)

REFERENCES: AGPALO, ElecHon Law. 2005
ed.; DE LEON, The Law on Public Officers
and ElecHon Law, 2019 ed.
SecHon 15. Limita:ons on Local Ini:a:ves. — (a) The power of local iniHaHve shall not be exercised
more than once a year.
(b) IniHaHve shall extend only to subjects or makers which are within the legal powers of the local
legislaHve bodies to enact.
(c) If at any Hme before the iniHaHve is held, the local legislaHve body shall adopt in toto the
proposiHon presented, the iniHaHve shall be cancelled. However, those against such acHon may, if they
so desire, apply for iniHaHve in the manner herein provided.

SecHon 16. Limita:ons Upon Local Legisla:ve Bodies. — Any proposiHon or ordinance or resoluHon
approved through the system of iniHaHve and referendum as herein provided shall not be repealed,
modified or amended, by the local legislaHve body concerned within six (6) months from the date
therefrom, and may be amended, modified or repealed by the local legislaHve body within three (3)
years thereamer by a vote of three-fourths (3/4) of all its members: Provided, however, that in case of
barangays, the period shall be one (1) year amer the expiraHon of the first six (6) months.

SecHon 18. Authority of Courts. — Nothing in this Act shall prevent or preclude the proper courts from
declaring null and void any proposiHon approved pursuant to this Act for violaHon of the ConsHtuHon or
want of capacity of the local legislaHve body to enact the said measure.

Case: Marmeto v. COMELEC (September 26, 2017)



REFERENCES: AGPALO, ElecHon Law. 2005
ed.; DE LEON, The Law on Public Officers
and ElecHon Law, 2019 ed.
 Recall
•  Applicable laws: R.A. No. 7160 “1991 Local Government Code”, R.A. No. 9244 “Act
EliminaHng the Preparatory Recall Assembly”
•  Recall is a mode of removal of a local elecHve official by the people before the end of his
term of office. It refers to the elecHon itself by means of which voters decide whether they
should retain their local official or elect his replacement.
•  The power of recall for loss of confidence shall be exercised by the registered voters of a
local government unit to which the local elecHve official subject to such recall belongs.
(SecHon 69, LGC)
•  Under the OEC, recall may be iniHated by a preparatory recall assembly or by the registered
voters. The preparatory recall assembly, however, was already eliminated through RA 9244.
The new law now provides that the recall of any elecHve provincial, city, municipal or
barangay official shall be commenced by a peHHon of a registered voter in the local
government unit concerned and supported by the registered voters in the local government
unit concerned during the elecHon in which the local official sought to be recalled was
elected subject to percentage requirements under SecHon 1 thereof.

REFERENCES: AGPALO, ElecHon Law. 2005

ed.; DE LEON, The Law on Public Officers
and ElecHon Law, 2019 ed.
 Procedure
1.  Gathering of signatures for the peHHon which must reach the percentage requirement under the
law.
2.  Filing of the wriken pe--on for recall with the Comelec through its office in the local
government unit concerned. The peHHon shall contain, among others, a brief narraHon of the
reasons and jusHficaHons therefor.
3.  Cer-fica-on by the Comelec to the sufficiency of the required number of signatures. Failure to
obtain the required number of signatures automaHcally nullifies the peHHon.
4.  If the peHHon is found to be sufficient in form, the Comelec shall provide the official sought to be
recalled a copy of the peHHon, cause its publica-on and pos-ng thereof.
5.  Verifica-on and authen-ca-on of the signatures of the peHHoners and registered voters by the
Comelec.
6.  Announcement by the Comelec of the acceptance of candidates to the posiHon and thereamer
prepare the list of candidates which shall include the name of the official sought to be recalled.
7.  Setng of the date of the elec-on or recall.
8.  Elec-on and proclama-on of a successor in the person of the candidate receiving the highest
number of votes cast during the elecHon on recall. Should the official sought to be recalled
receive the highest number of votes, confidence in him is thereby affirmed, and he shall conHnue
in office. (SecHon 72, LGC)

REFERENCES: AGPALO, ElecHon Law. 2005

ed.; DE LEON, The Law on Public Officers
and ElecHon Law, 2019 ed.
Sec-on 73. Prohibi(on from Resigna(on. - The elecHve local official
sought to be recalled shall not be allowed to resign while the recall
process is in progress.

Sec-on 74. Limita(ons on Recall. -
(a) Any elecHve local official may be the subject of a recall elecHon
only once during his term of office for loss of confidence.
(b) No recall shall take place within one (1) year from the date of the
official's assumpHon to office or one (1) year immediately preceding a
regular local elecHon.

These limitaHons do not apply to the preliminary proceedings, which
may take place even within one year from the date of assumpHon of
office of the official concerned, so long as the recall elecHon itself
takes place amer one year from such assumpHon.
REFERENCES: AGPALO, ElecHon Law. 2005
ed.; DE LEON, The Law on Public Officers
and ElecHon Law, 2019 ed.
 Plebiscite
Plebiscite is the electoral process by which an iniHaHve on the ConsHtuHon is approved or rejected by the people. Thus, SecHon 4, ArHcle XVII of the
1987 ConsHtuHon provides:

SECTION 4. Any amendment to, or revision of, this ConsHtuHon under SecHon 1 hereof shall be valid when raHfied by a majority of the votes
cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days amer the approval of such amendment or
revision.
Any amendment under SecHon 2 hereof shall be valid when raHfied by a majority of the votes cast in a plebiscite which shall be held not
earlier than sixty days nor later than ninety days amer the cerHficaHon by the Commission on ElecHons of the sufficiency of the peHHon.

Plebiscite is also the means by which the voters in the affected areas consent or object to the change in the form of local government. Thus,
SecHons 10 and 18, ArHcle X of theConsHtuHon provide:

SECTION 10. No province, city, municipality, or barangay may be created, divided, merged, abolished, or its boundary substanHally 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 poliHcal units directly affected.

SECTION 18. The Congress shall enact an organic act for each autonomous region with the assistance and parHcipaHon of the regional
consultaHve commission composed of representaHves appointed by the President from a list of nominees from mulHsectoral bodies. The
organic act shall define the basic structure of government for the region consisHng of the execuHve department and legislaHve assembly,
both of which shall be elecHve and representaHve of the consHtuent poliHcal units. The organic acts shall likewise provide for special courts
with personal, family, and property law jurisdicHon consistent with the provisions of this ConsHtuHon and naHonal laws.

The creaHon of the autonomous region shall be effecHve when approved by majority of the votes cast by the consHtuent units in a plebiscite called
for the purpose, provided that only provinces, ciHes, and geographic areas voHng favorably in such plebiscite shall be included in the autonomous
region.

REFERENCES: AGPALO, ElecHon Law. 2005

ed.; DE LEON, The Law on Public Officers
and ElecHon Law, 2019 ed.