Electoral Processes Reviewer

ELECTORAL PROCESSES
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THE PHILIPPINES
THE PHILIPPINES
is a democratic and republican State.
Sovereignty resides in the people and all
government authority emanates from them.
(Sec. 1, Art. II, 1987 Const.)

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Manifestations of Republicanism
Ours is a government of laws and not of

men
Bill of Rights
Rule of majority
Popular elections

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What is an ELECTION?
It is the means by which people choose

their officials for a definite and fixed
period and to whom they entrust for
the time being the exercise of the
powers of the government.

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Regular Election - one provided by law
for the election of officers either
nation-wide or in certain subdivisions
thereof, after the expiration of the full
term of the former officers

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Special Elections one held to fill
a vacancy in office before the
expiration of the full term for
which the incumbent was elected

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PLEBISCITE - is the electoral
process by which an initiative
on the Constitution is approved
or rejected by the people

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INITIATIVE - is the power of the
people to propose amendments to
the Constitution or to propose and
enact legislations through an election
called for the purpose.

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three (3) systems of initiative
Initiative on the Constitution -

refers to a petition proposing
amendments to the Constitution

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Initiative on statutes - refers to a petition
proposing to enact a national legislation

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Initiative on local legislation - which
refers to a petition proposing to enact
a regional, provincial, city, municipal,
or barangay law, resolution or
ordinance.

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REFERENDUM - is the power of the
electorate to approve or reject a
legislation through an election
called for the purpose

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Referendum on statutes - refers to
a petition to approve or reject an
act or law, or part thereof, passed
by Congress

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Referendum on local law - refers to
a petition to approve or reject a
law, resolution or ordinance
enacted by regional assemblies
and local legislative bodies.

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SUFFRAGE the right to vote in
the election of officers chosen by
the people and in the
determination of questions
submitted to the people.

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QUALIFICATIONS for SUFFRAGE
Filipino citizen
At least 18 years old on the day of the election
Resident of the Phils. for at least one year and in the place
where he proposes to vote for at least six months
immediately preceding the election
Not otherwise disqualified by law

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No literacy, property or other
substantive requirement shall be
imposed on the exercise of
suffrage.

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Philippine Elective Positions
NATIONAL LEVEL
President
Vice-President
24 Senators
At least 250 members of HOR
(20% of which come from PARTYLISTS)

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Provincial
Governor
Vice-Governor
At least six (6) Sangguniang
Panlalawigan Members

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City
Mayor
Vice-Mayor
At least 10 Sangguniang Panlungsod
Members

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Municipal
Mayor
Vice-mayor
Eight (8) Sangguniang Bayan Members

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Barangay
Punong Barangay
7 Kagawads
SK Chair

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voter qualifications
(Sec. 9, RA 8189)
Who may Register
citizens of the Philippines not otherwise disqualified by law
at least eighteen (18) years of age on election day
resided in the Philippines for at least one (1) year, and in

the place wherein they propose to vote, for at least six (6)
months immediately preceding the election

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temporary residence in another place solely by
reason of occupation profession, employment in
private or public service, educational activities,
work in the military or naval reservations within
the Philippines, service in the AFP, the National
Police Forces, or confinement or detention in
government institutions in accordance with law,
shall not be deemed a loss of original residence.

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Any person, who, on the day of registration
may not have reached the required age or
period of residence but, who, on the day of
the election shall possess such
qualifications, may register as a voter.

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System of Continuing Registration of Voters
(Sec. 8, RA 8189)
The personal filing of application of

registration of voters shall be
conducted daily in the office of the
Election Officer during regular office
hours.

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No registration shall, however, be
conducted during the period starting
one hundred twenty (120) days before
a regular election and ninety (90) days
before a special election.

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Overseas Absentee Voter Registration
(under RA 9189)
Overseas Absentee Voter - refers to a citizen

of the Philippines who is qualified to
register and vote under this Act, not
otherwise disqualified by law, who is abroad
on the day of elections

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basis
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. (Section 2, Art. V 1987 Const.)

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Qualified citizens of the Philippines abroad may personally
register with the
1. Election Registration Board of the city or municipality

where they were domiciled immediately prior to their
departure from the Philippines, or
2. With the representative of the Commission at the

Philippine embassies, consulates and other foreign service
establishments that have jurisdiction over the locality
where they temporarily reside.

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The Congress shall also design a procedure for
the disabled and the illiterates to vote without
the assistance of other persons. Until then, they
shall be allowed to vote under existing laws and
such rules as the Commission on Elections may
promulgate to protect the secrecy of the ballot.

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voter disqualifications
Any person who has been sentenced by final
judgment to suffer imprisonment of not less than one
(1) year, such disability not having been removed by
plenary pardon or amnesty, but right to vote is
automatically reacquired upon expiration of five (5)
years after service of sentence.

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Conviction of any crime involving disloyalty to the
duly constituted government such as rebellion,
sedition, violation of the firearms laws or any crime
against national security, unless restored to his full
civil and political rights in accordance with law, but
right to vote is automatically reacquired the upon
expiration of five (5) years after service of sentence

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Insane or incompetent persons declared as
such by competent authority unless
subsequently declared by proper authority
that such person is no longer insane or
incompetent.

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Qualifications of Elective Officials
Elective Officials Citizenship Age Literacy Voter Residency
Pres/ Vice-Pres Natural Born 40 Read and Write Registered 10 in Philippines
Senator Natural Born 35 Read and Write Registered 2 in Philippines
District Registered in
Representatives Natural Born 25 Read and Write District 1 in District
Party-List Reps Natural Born 25 Read and Write Registered 1 in Philippines
Local Officials Citizen Prov/HUC:23 Read and Write Registered in 1 in Locality

Other Mayor/VM:21 Filipino or local Locality
Other S:18 dialect
ARMM Governor Natural Born 35 Read and Write Registered in 5 in ARMM

ARMM
ARMM Legislators Natural Born 21 Read and Write Registered in 5 in District

District
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THREE-TERM LIMIT RULE
The term of office of elective local officials, except
barangay officials, which shall be determined by law,
shall be three years and no such official shall serve for
more than three consecutive terms. Voluntary
renunciation of the office for any length of time shall not
be considered as an interruption in the continuity of his
service for the full term for which he was elected. (Sec. 8,
Art. X, 1987 Const.)

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The official must have been elected
to the same office for 3 consecutive
terms in a regular election
The same official must have fully

served such terms

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THE COMMISSION ON ELECTIONS
a constitutional body composed of a

chairman and six (6) commissioners
to serve a term of seven years with
no reappointment; nor can they be
appointed to a temporary capacity

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Has regional, provincial, city and
municipal field offices

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COMELEC POWERS AND FUNCTTIONS
Enforce and administer all laws and

regulations relative to the conduct of
an election, plebiscite, initiative,
referendum, and recall.

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exclusive original jurisdiction over all
contests relating to the elections, returns,
and qualifications of all elective regional,
provincial, and city officials

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appellate jurisdiction over all
contests involving elective
municipal officials decided by
trial courts of general
jurisdiction, or involving
elective barangay officials
decided by trial courts of
limited jurisdiction.

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Decide all questions affecting elections,
including determination of the number
and location of polling places,
appointment of election officials and
inspectors, and registration of voters.

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Register, after sufficient publication,
political parties, organizations, or
coalitions

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Recommend to the Congress effective
measures to minimize election spending,
including limitation of places where
propaganda materials shall be posted, and
to prevent and penalize all forms of
election frauds, offenses, malpractices,
and nuisance candidacies.

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A free and open party system shall be
allowed to evolve according to the free
choice of the people, subject to the
provisions of this Article.
Sec. 6. Art. IX-C

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POLITICAL PARTIES
Sec. 60, OEC
"Political party" or "party means an organized

group of persons pursuing the same ideology,
political ideas or platforms of government and
includes its branches and divisions.

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Under RA 7941
A political party refers to an organized group

of citizens advocating an ideology or platform,
principles and policies for the general conduct
of government and which, as the most
immediate means of securing their adoption,
regularly nominates and supports certain of its
leaders and members as candidates for public
office.

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National Party - when its constituency is
spread over the geographical territory of at
least a majority of the regions.
Regional Party - when its constituency is

spread over the geographical territory of at
least a majority of the cities and provinces
comprising the region.

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A sectoral party
refers to an organized group of citizens

belonging to any of the sectors
(enumerated in Section 5 of RA 7941)
whose principal advocacy pertains to the
special interests and concerns of their
sector.

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A sectoral organization
refers to a group of citizens or a
coalition of groups of citizens who
share similar physical attributes or
characteristics, employment, interest
or concerns.

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Coalition - refers to an aggrupation of
duly registered national, regional,
sectoral parties or organizations for
political and/or election purposes.

Page 52
To acquire juridical personality, qualify it
for subsequent accreditation, and to
entitle it to the rights and privileges
herein granted to political parties, a
political party shall first be duly
registered with the COMELEC.

Page 53
Any registered political party that, singly or in
coalition with others, fails to obtain at least ten
percent of the votes cast in the constituency in
which it nominated and supported a candidate
or candidates in the election next following its
registration shall, after notice and hearing be
deemed to have forfeited such status as a
registered political party in such constituency.

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LAGASCA vs. DE VERA
G.R. No. L-1649, October 29, 1947
The whole issue in this case hinges on the question

whether the Goodwill Party is a political party under the
purview of the Election Code.
HELD:
In order that a group of persons be organized, it

is necessary that all of them be joined in a
corporate body, articulate, with the attributes of
a social personality.

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A constitution, by-laws, rules, or some kind of
charter is needed so as to give existence to the
organization. Some kind of agreement, written
or unwritten, must exist on how the group is to
function, to be presided over, and how it is to
express its collective will.
Nothing of that sort has been shown in regard
to the Goodwill Party.

Page 56
By half a century of experience in democracy,
our people have been used to identify
political parties by the existence of their
leaders and directors, boards, committees,
and other organizations.
These external manifestations of the

existence of a political party were not shown
by petitioner with regard to his Goodwill
Party.

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DOES SIZE MATTER?
SUMULONG VS. COMELEC

70 PHIL. 703
A political party may have but a small

following, but if it has legal standing of a
party under the Election Code, it may
properly claim benefits under the law.

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LAGASCA vs. DE VERA
G.R. No. L-1649, October 29, 1947
A claim of membership of 453,989
individuals is not enough to constitute
a party, but it is necessary that there
should be an organized group.

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PURPOSE
SUMULONG VS. COMELEC
70 PHIL. 703
The purpose of the law recognizing

the legal personality of political
groups for election purposes is to
foster and encourage the formation
of political parties inspired by high
political ideas in government.

Page 60
Necessity of registration
Peralta vs. COMELEC

82 SCRA 30
Registration is the means by which the
government is enabled to supervise and
regulate the activities of various elements
participating in an election.
Accreditation is the means by which the

registration requirement is made effective
by conferring benefits to registered
political parties.
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Necessity of Incorporation
NACIONALISTA PARTY vs. BAUTISTA

85 Phil. 101
A party may be organized and registered
as a political party with the COMELEC for
the purpose of the Election Code, but for
the purpose of bringing an action in court,
it has to be incorporated under the
corporation law, because only natural or
juridical parties may be parties to a legal
action.

Page 62
CANDIDATE
Sec. 79, OEC
Refers to any person aspiring for or

seeking an elective public office, who
has filed a certificate of candidacy by
himself / herself or thorough an
accredited political party,
aggroupment, or coalition of parties. Page 63
Rules on Filing of Certificates
of Candidacy
Sec. 73, OEC
No person shall be elected into public
office unless he/she file his/her
Certificate of Candidacy within the
prescribed period and with the correct
office.

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No person shall be eligible for
more than one office. If he/she
files more than one position,
he/she shall not be eligible for all
unless he/she cancels all and
retains one before the deadline.

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The Certificate of Candidacy shall be
filed by the candidate personally or by
his/her duly authorized representative.
No certificate of candidacy shall be
accepted if filed by mail, telegram or
facsimile.

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The receiving officers shall have the
ministerial duty to receive and
acknowledge receipt of the certificate
of candidacy.

Page 67
A person who has filed his/her certificate
of candidacy may withdraw the same
prior to the elections.

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GO vs. COMELEC
G.R. No. 147741, May 10, 2001
There is nothing in Section 73 (OEC),

which mandates that the affidavit of
withdrawal must be filed with the
same office where the certificate of
candidacy to be withdrawn was filed.
Page 69
Thus, it can be filed directly with the
main office of the COMELEC, the
office of the regional election
director concerned, the office of the
provincial election supervisor of the
province to which the municipality
involved belongs, or the office of
the municipal election officer of the
said municipality.

Page 70
But, in COMELEC Resolution No. 9518 (11 September 2012)
SEC. 14. Any person who has filed a

Certificate of Candidacy may, at any
time before election day and subject to
Sec. 15 hereof, file personally a
Statement of Withdrawal under oath, in
five (5) legible copies, with the office
where the Certificate of Candidacy was
filed.

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No Statement of Withdrawal shall be
accepted if filed by a person other than
the candidate himself or if filed by mail,
electronic mail, telegram or facsimile.
A person who has withdrawn his

Certificate of Candidacy for a position
shall not be eligible, whether as a
substitute candidate or not, for any
other position.
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ANO BA TALAGA,
KUYA?

Page 73
Effects of Filing of Certificate of Candidacy on
Tenure of Incumbent Government Officials
On Appointive Officials: Considered ipso facto

resigned from office upon filing.
On Elective Officials: Not considered resigned

i.e., continues to hold office whether run for the
same or different position (Republic Act No.
9006, Fair Election Act)

Page 74
QUINTO vs. COMELEC
GR No. 189698; February 22,
2010
COMELEC issued a resolution declaring
appointive officials who filed their
certificate of candidacy as ipso facto
resigned from their positions. In this
defense, the COMELEC avers that it only
copied the provision from Sec. 13 of R.A.
9369.
ISSUE: Whether Free

orPowerpoint
not the said COMELEC
Templates
resolution was valid. Page 75
HELD: YES.
Substantial distinctions clearly exist

between elective officials and
appointive officials. Some appointive
officials hold their office in a permanent
capacity and are entitled to security of
tenure while Freeothers serve
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Page 76
Elective officials occupy their office by
virtue of the mandate of the electorate.
They are elected to an office for a
definite term and may be removed
therefrom only upon stringent
conditions.
On the other hand, appointive officials

hold their office by virtue of their
designation thereto by an appointing
authority.
Page 77
Under Section 13 of RA 9369, any person
holding a public appointive office or
position, including active members of the
Armed Forces of the Philippines, and
officers and employees in government-
owned or -controlled corporations, shall
be considered ipso facto resigned from
his office upon the filing of his certificate
of candidacy.

Page 78
Pursuant to Section 14 of RA 9006, an
elected official is not deemed to have
resigned from his office upon the filing of
his certificate of candidacy for the same or
any other elected office or position. In fine,
an elected official may run for another
position without forfeiting his seat.

Page 79
COMELEC Resolution No. 9518 (11 September 2012)
SEC. 4. Effects of Filing Certificate of Candidacy
a) Any person holding a public appointive office or position,

including active members of the Armed Forces of the
Philippines, and other officers and employees in government-
owned or controlled corporations, shall be considered ipso
facto resigned from his office and must vacate the same at the
start of the day of the filing of his Certificate of Candidacy.
b) Any person holding an elective office or position shall not be

considered resigned upon the filing of his Certificate of
Candidacy whether for the same or any other elective office or
position.

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Form of Certificate of Candidacy
The Comelec prescribed form (in 5

copies) must be signed and subscribed
under oath by the candidate. Drug Test
Certificate
The Candidate may submit a statement

containing his/her bio-data and
platform of government.
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The Certificate of Candidacy must be
accompanied by:
The Certificate of Nomination {CONA}

if officially nominated by a registered
political party

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Page 85
If the candidate himself/herself will
not personally file the Certificate of
Candidacy, the written authority
under oath of the representative,
and

Page 86
Under the Comprehensive Dangerous
Drug Act of 2002 (Section 36g, R.A. No.
9165), all candidates for elective public
office shall undergo a mandatory drug
test before any government forensic
laboratory or any of the drug testing
laboratories accredited and monitored
by the Department of Health.

Page 87
But in:
SOCIAL JUSTICE SOCIETY VS. DDB &
PDEA
G.R. No. 157870, November 03, 2008
SJS a registered political party,

sought to stop DDB and PDEA from
enforcing paragraphs (c), (d), (f), and
(g) of Sec. 36 of RA 9165 on the
ground grounds:

Page 88
1. the provisions constitute undue
delegation of legislative power when
they give unbridled discretion to
schools and employers to determine the
manner of drug testing.
2. the provisions trench in the

equal protection clause inasmuch as
they can be used to harass a student
or an employee deemed undesirable

Page 89
3. a person's constitutional right against
unreasonable searches is also breached
by said provisions.

Page 90
HELD:
The unconstitutionality of Sec. 36(g)
of RA 9165 is rooted on its having
infringed the constitutional provision
defining the qualification or eligibility
requirements for public office.

Page 91
Venues for Filing
Elective Positions Where to file
Senator, Vice-President, President COMELECLaw Department
Members of the House of Regional Election Director, NCR

Representatives for legislative districts
in the National Capital Region (NCR)
1) Members of the House of Provincial Election Supervisor concerned

Representatives of legislative districts
in provinces
2) Provincial officials
1) Members of the House of City Election Officer concerned designated for the
Representatives for legislative districts purpose by the Regional Election Director
in cities outside the NCR, which
comprise one or more legislative (Copies of the designation of the Election Officer
districts concerned shall immediately be submitted to the Law
Department of the Commission)
2) City Officials of cities with more than
one Election Officers
City/Municipal / Barangay Officials City/Municipal Election Officer concerned
ARMM Governor and Vice-Governor In any of the Offices of the ARMM Regional Election
Director
Member, Regional Legislative ARMM Provincial Election Supervisor concerned

Assembly, ARMM

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Rules on Names of Candidates
The candidate must indicate his/her

true name, nickname, initials.
A candidate can indicate only one

nickname or stage name. in case of
several nicknames or stage names,
only nicknames or stage name first
written shall be considered.
Page 93
Equity of the incumbent
When there are two or more

candidates for an office with same
name and surname, each candidate,
upon being made aware of such
fact, shall state his paternal and
maternal surname, except the
incumbent who may continue to use
the name and surname
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Page 94
PARTYLIST SYSTEM
is a mechanism of proportional representation in
the election of representatives to the House of
Representatives from national, regional and
sectoral parties or organizations or coalitions
thereof registered with the Commission on
Elections (COMELEC)

Page 95
Rationale
Promotion of proportional representation in the HOR
which will enable Filipino citizens belonging to the
marginalized and underrepresented sectors,
organizations and parties, and who lack well-defined
political constituencies but who could contribute to the
formulation and enactment of appropriate legislation
that will benefit the nation as a whole

Page 96
LEGAL BASES
Sec. 5, Art. VI, 1987 Const.
REPUBLIC ACT No. 7941

Party-List System Act

Page 97
four parameters
Proportional representation
20% seat allocation at HOR
2% minimum vote threshold
3-seat limit rule

Page 98
The party-list representatives shall constitute
twenty per centum of the total number of
representatives including those under the
party list.
(Sec. 5, par. 2, Art. VI, 1987 Const.)

Page 99
A party means either a political party
or a sectoral party or a coalition of
parties.

Page 100
A sectoral party refers to an
organized group of citizens
belonging to any of the sectors
enumerated in Section 5 hereof
whose principal advocacy
pertains to the special interests
and concerns of their sector.

Page 101
Who may participate?
Any organized group of persons may
register as a party, organization or coalition
for purposes of the party-list system by filing
with the COMELEC not later than ninety (90)
days before the election a petition verified
by its president or secretary stating its
desire to participate in the party-list system

Page 102
ANG BAGONG BAYANI OFW LABOR PARTY VS.
COMELEC, GR NO. 147589 (6-26-2001)
Facts: Petitioner challenged a resolution issued by

the COMELEC. Petitioner seeks the disqualification
of certain major political parties in the 2001 party-
list elections arguing that the party-list system was
intended to benefit the marginalized and
underrepresented and not the mainstream political
parties, the non-marginalized or overrepresented.

Page 103
Issues:
(1) Whether or not political parties may

participate in the party-list elections
(2) Whether or not the party-list system is

exclusive to marginalized and
underrepresented sectors and organizations

Page 104
Held:
Per Constitution and RA 7941, major political parties cannot be
disqualified from the party-list elections merely on the ground that
they are political parties. But while even major political parties are
expressly allowed by RA 7941 and the Constitution to participate
in the party-list system, they must comply with the declared
statutory policy of enabling Filipino citizens belonging to
marginalized and underrepresented sectors to be elected to the
House of Representatives.

Page 105
In other words, while they are not disqualified
merely on the ground that they are political
parties, they must show, however, that they
represent the interests of the marginalized and
underrepresented.

Page 106
While the enumeration of marginalized and
underrepresented sectors is not exclusive, it
demonstrates the clear intent of the law that not all
sectors can be represented under the party-list system.

Page 107
Allowing the non-marginalized and overrepresented to vie for the
remaining seats under the party-list system would not
only dilute, but also prejudice the chance of the marginalized and
underrepresented, contrary to the intention of the law
to enhance it. The party-list system is a tool for the benefit of the
underprivileged; the law could not have given the same tool to
others, to the prejudice of the intended beneficiaries.

Page 108
Who are disqualified?
religious sect or denomination,

organization or association organized
for religious purposes;
advocates of violence or unlawful means
to seek its goal;

Page 109
foreign party or organization;
those receiving support from any

foreign government, foreign political
party, foundation, organization, directly
or otherwise, for partisan election
purposes

Page 110
How to participate
organize, incorporate and have national

presence
file with the COMELEC not later than

ninety (90) days before the election a
petition verified by its president or
secretary stating its desire to participate in
the party-list system

Page 111
When, accredited, submit to the COMELEC
not later than forty-five (45) days before
the election a list of names {not less than
five(5)}, from which party-list
representatives shall be chosen in case it
obtains the required number of votes.

Page 112
Only persons who have given their
consent in writing may be named in
the list.

Page 113
The list shall not include any
candidate for any elective office or
person who has lost his bid for an
elective office in the immediately
preceding election.

Page 114
Manner of Voting
Every voter shall be entitled to two (2)

votes.
first is a vote for candidate for member of
the House of Representatives in his
legislative district
the second, a vote for the party,
organization, or coalition he wants
represented in the HOR

Page 115
Participating party lists shall be ranked from the
highest to the lowest based on the number of
votes garnered during the elections
Those receiving at least two percent (2%) of the

total votes cast for the party-list system shall be
entitled to one seat each

Page 116
those garnering more than two percent (2%) of
the votes shall be entitled to additional seats in
proportion to their total number of votes
provided that each party, organization, or

coalition shall be entitled to not more than three
(3) seats.

Page 117
Grounds for cancellation of Registration
It is a religious sect or denomination,

organization or association organized
for religious purposes;
It advocates violence or unlawful means

to seek its goal;

Page 118
It is a foreign party or organization;
receiving support from any foreign

government, foreign political party,
foundation, organization, whether
directly or otherwise, for partisan election
purposes;

Page 119
It violates or fails to comply with laws,
rules or regulations relating to elections;
It declares untruthful statements in its

petition;
It has ceased to exist for at least one (1)

year; or

Page 120
It has ceased to exist for at least one (1) year;
or
It fails to participate in the last two (2)
preceding elections or fails to obtain at least
two percentum (2%) of the votes cast under
the party-list system in the two (2) preceding
elections for the constituency in which it has
registered.

Page 121
PHILIPPINE GUARDIANS VS. COMELEC, G.R. No. 190529 :
April 29, 2010
Facts:
The COMELEC delisted the Guardians as a
participating party list because it failed to get
2% of the votes cast in 2004 and it did not
participate in the 2007 elections

Page 122
ISSUE:
Was the COMELEC correct in delisting the

Guardians?

Page 123
HELD: NO
RATIO:
Section 6(8) of RA 7941 provides for two separate grounds
for delisting; these grounds cannot be mixed or combined
to support delisting; and
the disqualification for failure to garner 2% party-list votes

in two preceding elections should be understood to
mean failure to qualify for a party-list seat in two preceding
elections for the constituency in which it has registered.

Page 124
BANAT, et. al vs. COMELEC G.R. No. 179271
We maintain that a Philippine-style party-list election

has at least four inviolable parameters as clearly
stated in Veterans. For easy reference, these are:
First, the twenty percent allocation the combined

number of all party-list congressmen shall not exceed
twenty percent of the total membership of the House
of Representatives, including those elected under the
party list;

Page 125
Second, the two percent threshold
only those parties garnering a
minimum of two percent of the total
valid votes cast for the party-list system
are qualified to have a seat in the
House of Representatives;

Page 126
Third, the three-seat limit each
qualified party, regardless of the
number of votes it actually obtained, is
entitled to a maximum of three seats;
that is, one qualifying and two
additional seats;

Page 127
Fourth, proportional representation
the additional seats which a qualified
party is entitled to shall be computed
in proportion to their total number of
votes

Page 128
In computing the additional seats, the guaranteed
seats shall no longer be included because they have
already been allocated, at one seat each, to every
two-percenter. Thus, the remaining available seats
for allocation as additional seats are the maximum
seats reserved under the Party List System less the
guaranteed seats. Fractional seats are disregarded in
the absence of a provision in R.A. No. 7941 allowing
for a rounding off of fractional seats.

Page 129
We therefore strike down the two percent threshold
only in relation to the distribution of the additional
seats as found in the second clause of Section 11(b) of
R.A. No. 7941. The two percent threshold presents an
unwarranted obstacle to the full implementation of
Section 5(2), Article VI of the Constitution and prevents
the attainment of the broadest possible representation
of party, sectoral or group interests in the House of
Representatives.

Page 130
In determining the allocation of seats for party-list
representatives under Section 11 of R.A. No. 7941,
the following procedure shall be observed:
1. The parties, organizations, and coalitions shall be

ranked from the highest to the lowest based on the
number of votes they garnered during the elections.

Page 131
2.The parties, organizations, and
coalitions receiving at least two percent
(2%) of the total votes cast for the party-
list system shall be entitled to one
guaranteed seat each.

Page 132
3. Those garnering sufficient number of
votes, according to the ranking in
paragraph 1, shall be entitled to
additional seats in proportion to their
total number of votes until all the
additional seats are allocated.

Page 133
4.Each party, organization, or coalition
shall be entitled to not more than three
(3) seats.

Page 134
ISSUES ON PARTYLIST SYSTEM
Lack of well- defined political

constituency
Transparency and accountability
concerns
Convenient waiting sheds

Page 135
FAIR ELECTION ACT
(RA 9006)
RATIONALE
Provide equal opportunity for public service,
including access to media time and space, and the
equitable right to reply, for public information
campaigns and fora among candidates and assure
free, orderly, honest. peaceful and credible
elections

Page 136
LAWFUL ELECTION PROPAGANDA
Pamphlets, leaflets, cards, etc. (8 x 14

inches)
Cloth, paper or cardboard posters whether

framed, or posted, with an area not
exceeding two (2) feet by three (3) feet

Page 137
streamers not exceeding three (3)
feet by eight (8) feet in size in areas
for rallies

Page 138
Paid advertisements in print or broadcast
media
Print advertisements shall not exceed
one-fourth (1/4) page in broadsheet
and one-half (1/2) page in tabloids
thrice a week per newspaper, magazine
or other publications, during the
campaign period.

Page 139
For National Candidates and Parties,
not more than one hundred twenty
(120) minutes of television
advertisement and one hundred
eighty (180) minutes of radio
advertisement whether by purchase
or donation

Page 140
For Local Candidates and Parties, not
more than sixty (60) minutes of
television advertisement and ninety
(90) minutes of radio advertisement
whether by purchase or donation.

Page 141
Restrictions apply during the
campaign period only

Page 142
AUTOMATED ELECTION
SYSTEM

Page 143
Republic Act No. 9369
January 23, 2007
Automated Election System (AES)
a system using appropriate technology

which has been demonstrated in the
voting, counting, consolidating,
canvassing, and transmission of
election result, and other electoral
process

Page 144
Options
Paper-based Election System
a type of automated election system that uses

paper ballots, records and counts votes,
tabulates, consolidates/canvasses and transmits
electronically the results of the vote count"

Page 145
Direct Recording Electronic Election
System
automated election system that uses

electronic ballots, records, votes by means of
a ballot display provided with mechanical or
electro-optical component that can be
activated by the voter, processes data by
means of a computer programs, record voting
data and ballot images, and transmits voting
results electronically
Page 146
Board of Election
Inspectors
Where AES shall be adopted, at
least one member of the Board of
Election Inspectors shall be an
information technology-capable
person, who is trained or certified
by the DOST to use the EAS. Such
certification shall be issued by the
DOST, free of charge.

Page 147
Information Technology Support for the Board of
Canvassers.
To implement the AES, Board of

Canvassers shall be assisted by an
information technology-capable person
authorized to operate the equipment
adopted for the elections.
The Commission shall deputize

information technology personnel from
among the agencies and
instrumentalities of Templates
Free Powerpoint the government,
Page 148
Procurement of Equipment and
Materials
COMELEC is authorized to procure,
in accordance with existing laws, by
purchase, lease, rent or other forms
of acquisition, supplies, equipment,
materials, software, facilities, and
other service, from local or foreign
sources freeFree
from taxes
Powerpoint and importPage 149
Templates
Continuity Plan
The AES shall be so designed to include

a continuity plan in case of a systems
breakdown or any such eventuality
which shall result in the delay,
obstruction or nonperformance of the
electoral process.
Activation of such continuity and

contingency measures shall be
undertakenFree Powerpoint
in the Templates presence
Pageof
150
Official Ballot
The Commission shall prescribe the

format of the electronic display
and/or the size and form of the
official ballot, which shall contain
the titles of the position to be filled
and/or the proposition to be voted
upon in an initiative, referendum orPage 151
Deadline for filing of COC
under AES
The Commission shall set the
deadline for the filing of
certificate of candidacy/petition
of registration/manifestation to
participate in the election.

Page 152
Effect of Filing COC
under AES
Any person who files his certificate of
candidacy within this period shall only be
considered as a candidate at the start of
the campaign period for which he filed his
certificate of candidacy.
Provided, that, unlawful acts or omissions

applicable to a candidate shall effect only
upon that start of the aforesaid campaign
period. Free Powerpoint Templates
Page 153
Effect of Filing COC on Appointive
Officials, etc.
Any person holding a public

appointive office or position,
including active members of the
armed forces, and officers, and
employees in government-owned or-
controlled corporations, shall be
considered ipso factor resigned from
his/her office and must vacate the
same at the start of the day of the
filing of Free
his/her certification of
Powerpoint Templates
Page 154
Random Manual Audit
Where the AES is used, there shall be
a random manual audit in one
precinct per congressional district
randomly chosen by the Commission
in each province and city.
Any difference between the

automated and manual count will
result in the determination of root
cause and initiate a manual
Free Powerpoint Templates count for
Page 155
Is Manual Count Allowed in
AES?

Page 156
ELECTION OFFENSES

Page 157
LAWS THAT PROVIDE FOR ELECTION OFFENSES
Secs. 261-262, Art. XXII of

B.P. 881
Sec. 27 of R.A. No. 6646
Secs. 9, 24, and 31 of R.A.
7166
Sec. 45 of R.A. 8189
Sec. 5 of R.A. 8295
Sec. 13 of R.A. 9006
Sec. 24 of R.A. 9189
Secs. 28, 31, 32, 33, 35, 37,
Page 158
JURISDICTION ELECTION OFFENSES
Pimentel, Jr. v. COMELEC

(289 SCRA 586 [1998])
The RTCs have exclusive jurisdiction over election

offenses, except failure register or to vote which
fall under the jurisdiction of MTC, regardless of the
duration of the penalties pursuant to Sec. 268 of
the Omnibus Election Code.

Page 159
Authority to Prosecute: SEC. 43, R.A. 9369
Section 265 of Batas Pambansa Blg.

881 is hereby amended to read as
follows:
"The Commission (COMELEC) shall,

through its duly authorized legal
officers, have the power,
concurrent with the other
prosecuting arms of the
government, toTemplates conductPage 160
Free Powerpoint
Citizen arrest not allowed in offense
relating to election campaign.
Section 266, B.P. 881

No person shall be arrested and/or
detained at any time for any alleged
offense committed during and in
connection with any election through
any act or language tending to support
or oppose any candidate, political party
or coalition of political parties under or
pursuant to any order of whatever name
or nature and by whomsoever
Free Powerpoint Templates issued
Page 161
Prescriptive period for election offenses
Section 267, B.P. 881
Election offenses shall prescribe

after five years from the date of
their commission. If the
discovery of the offense be
made in an election contest
proceedings, the period of
prescription shall commence on
the date on which the
judgment in such proceedings Page 162
Pardon for election offenses
Section 5, Art. IX-C, 1987
CONSTITUTION
No pardon, amnesty, parole, or

suspension of sentence for
violation of election laws, rules,
and regulations shall be granted
by the President without the
favorable recommendation of the
Commission.
Page 163
ELECTORAL SABOTAGE under R.A. 9369
Large-scale vote manipulations

intended to influence the result of an
election to favor certain candidates.

Page 164
how committed
A.
Tampering
Increasing / decreasing of votes
refusal to credit the correct votes or
to deduct tampered votes,

Page 165
committed in the election of a national
elective office which is voted upon
nationwide
the tampering, increase and/ or decrease

votes refusal to credit the correct votes or
to deduct tampered votes

Page 166
shall adversely affect the results of
the election to the said national
office to the extent that losing
candidate/s is /are made to appear
the winner/s;

Page 167
B. Regardless of the elective office
involved:
when the manipulation is done in a

single election document or in the
transposition of the figure / results
from one election document to
another;

Page 168
involved in the said tampering increase
and/or decrease or refusal to credit correct
votes or deduct are tampered votes
exceeding five thousand (5,000),
and that the same adversely affects the

true results of the election

Page 169
C.
Any and all other forms or tampering increase/s
and/ or decrease/s of votes perpetuated or in
cases of refusal to credit the correct votes or
deduct the tampered votes,
where the total votes involved exceed ten

thousand (10,000) votes

Page 170
PENALTY IS LIFE IMPRISONMENT!

Page 171
Win or lose, we go shopping after the
election.
Imelda Romualdez Marcos

Page 172

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ELECTORAL PROCESSES

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Ours is a government of laws and not of

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It is the means by which people choose

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Initiative on the Constitution -

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At least 18 years old on the day of the election

Not otherwise disqualified by law

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Who may Register

citizens of the Philippines not otherwise disqualified by law

at least eighteen (18) years of age on election day

resided in the Philippines for at least one (1) year, and in

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The personal filing of application of

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Overseas Absentee Voter - refers to a citizen

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The Congress shall provide a system for securing

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1. Election Registration Board of the city or municipality

2. With the representative of the Commission at the

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Pres/ Vice-Pres Natural Born 40 Read and Write Registered 10 in Philippines

Senator Natural Born 35 Read and Write Registered 2 in Philippines

Party-List Reps Natural Born 25 Read and Write Registered 1 in Philippines

Local Officials Citizen Prov/HUC:23 Read and Write Registered in 1 in Locality

ARMM Governor Natural Born 35 Read and Write Registered in 5 in ARMM

ARMM Legislators Natural Born 21 Read and Write Registered in 5 in District

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The same official must have fully

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a constitutional body composed of a

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Enforce and administer all laws and

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