Election Law Midterm Reviewer

5/20/2018 Election Law Midterm Reviewer

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Election Law Midterm Reviewer: Atty Gallant Soriano

Chapter 1: General Provisions

Definition:

Election:

- The means by which the people choose their officials fordefinite and fixed periods and to whom they entrust, for thetime being as their representatives, the exercise of powers ofthe government.

- Involves the selection or choice of a candidate by popularvote

Different Kinds of Election:

a. General Elections

- Provided by law

b. Special Elections

- Provided by law

- Under special circumstances:

o Deatho Resignationo Permanent Disability

- election held by referendum or plebiscite

Suffrage:

- The right and the obligation of qualified citizens to vote in theelection of certain national and local officers of the

government and in the decision of public questionssubmitted to the people

Theories on Suffrage (NSTPFE)

1. Natural Right

- Natural and inherent right of every citizen by the virtue ofmembership to the state

2. Social Expediency

- Public office or function upon those who are fit and capableof discharging

- Not a right but a duty

3. Tribal

- Is a necessary attribute of membership in a State- Not a natural right but acquired only when one becomes a

member of the State

4. Feudal

- Vested privilege usually accompanying the ownership of land

5. Ethical

- Necessary and essential means for development of society


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6. Philippine Theory

- Suffrage is a right because its a privilege not granted toeveryone

- Duty of every citizen

Legal Basis

1. BP 881 OEC Section 4 and Article 5 Section 4 1973Constitution:

Obligation to register and vote. - It shall be the obligation ofevery citizen qualified to vote to register and cast his vote.

Memorize:

ARTICLE V

SUFFRAGE

Section 1. Suffrage may be exercised by all citizens of thePhilippines, not otherwise disqualified by law, who are at leasteighteen years of age, and who shall have resided in the Philippinesfor at least one year and in the place wherein they propose to vote,for at least six months immediately preceding the election. Noliteracy, property, or other substantive requirement shall be imposedon the exercise of suffrage.

Scope of Suffrage:

1. Plebiscite

A vote of the people expressing their choice for or

against a proposed law or enactment submitted to them

In the Philippines: it is applied to an election at whichany proposed amendment to, or revision of, the

Constitution is submitted to the people for ratification

It is also required by the Constitution to secure theapproval of the people directly affected,

2. Referendum

Submission of a law passed by the national or locallegislative body to the registered voters at an electioncalled for the purpose of their ratification or rejection

Mode for appealing from an elected body to the whole

body of voters

3. Initiative

Process whereby the registered voters directly propose,enact or amend laws, national or local, through anelection called for that purpose

Congress is mandated by the Constitution to provide asystem of initiative and referendum which have beendeclared as the people power feature of theConstitution

Amendments to the Constitution may be proposedthrough an initiative

4. Recall

Method by which a public officer may be removed fromoffice during his tenure or before the expiration of histerm by a vote of the people after registration of a


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petition signed by a required percentage of the qualifiedvotes

Provisions on Suffrage

1935Constitution

1973Constitution

1987Constitution

Basis Article 5 Sec 1 Article 6 Sec 1 Article 5 Sec 1

Gender Male Only No distinction No distinction

Age Above 21 Above 18 Above 18

Residency 1 year in thePH

6 mos placewhere

registered

1 year in thePH

6 mos placewhere

registered

1 year in thePH

6 mos placewhere

registered

Literacy Yes No need No need

Requisites of Suffrage

1. QualifiedArticle 5 Sec, 1 1987 Constitution

Section 1. Suffrage may be exercised by all citizens of thePhilippines, not otherwise disqualified by law, who are at leasteighteen years of age, and who shall have resided in the Philippinesfor at least one year and in the place wherein they propose to vote,for at least six months immediately preceding the election. Noliteracy, property, or other substantive requirement shall be imposedon the exercise of suffrage.

2. Not Qualified Section 118 BP 881 but amended with RA8189 Section 11

Section 118. Disqualifications. -The following shall be disqualifiedfrom voting:

(a) Any person who has been sentenced by final judgment to sufferimprisonment for not less than one year, such disability not havingbeen 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 fiveyears after service of sentence.

(b) Any person who has been adjudged by final judgment bycompetent court or tribunal of having committed any crime involvingdisloyalty to the duly constituted government such as rebellion,sedition, violation of the anti-subversion and firearms laws, or anycrime against national security, unless restored to his full civil andpolitical rights in accordance with law: Provided, That he shall regainhis right to vote automatically upon expiration of five years afterservice of sentence.

(c) Insane or incompetent persons as declared by competentauthority.

3. Registered in the List of Voters

a. Section 10 BP 8189b. Section 6 (2) BP 9189c. Section 4 BP 881d. Section 4 Article 5 of the 1973 Constitutione. Section 1 Article 5 of the 1987 Constitution

4. No further qualification

- no more literacy- property- other substantive requirements

o marital statuso religiono work


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Election and Campaign Periods

Section 3 BP881

1. President and VP election90 days2. Members of Batasang Pambansa and Local Election

45 days3. Barangay Election - 15 days

Unless otherwise fixed in special cases by the COMELEC,election period shall commence 90 days before the electionand shall end 30 days after.

Chapter 2: Pre election

1. Registration2. Challenge3. Inclusion4. Exclusion5. Voters: Qualification and Disqualifications6. Certificate of Candidacy7. Precints and Polling Places8. Ballot boxes9. Watchers10. Petition to deny course11. Political Parties12. Election Campaign

A. Registration

Activity: Duty to register

Legal Basis:

Section 4 BP 881

Section 115 BP 881

Section 115. Necessity of Registration. - In order that aqualified elector may vote in any election, plebiscite or

referendum, he must be registered in the permanent list ofvoters for the city or municipality in which he resides.

Definition: Section 3 RA 8189

Registration

- refers to the act of accomplishing and filing of a swornapplication for registration by a qualified voter before theelection officer of the city or municipality wherein he residesand including the same in the book of registered voters uponapproval by the Election Registration Board

Qualifications of a Voter

Sec. 117 BP 881

o same as stated in Section 1 Article 6 of the 1987Constitution

o any person who transfers residence to another city,municipality, or country solely by reason of his:

occupation service in the military

national police force confinement / detention in government

institutions in accordance with the lawshall be deemed not to have lost his ORIGINALresidence.


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RA 9189 Absentee Voting Act of 2003

- ensure equal opportunity to all qualified citizens of the PHabroad in the exercise of their right to participate in the

election of P, VP, S, and PLR.

Qualified / Covered:- at least 18 years old- not disqualified by law- citizens of PH abroad

Disqualified:- lost their PH citizenship in accordance with PH laws- expressly renounced their PH citizenship and who have

pledged allegiance to a foreign country- insane / incompetent by competent authority in the PH or

abroad

Article 5 Section 2 1987 Constitution

The Congress shall

1. provide a system for securing the secrecy and sanctity ofthe ballots; as well as

2. the system for absentee voting by qualified Filipinosabroad.

System of Continuing Registration of Voters

Section 8 RA 8189

Personal filing of application of registration of voters shall beconducted:

- on a daily basis- in the office of the Election Officer during regular office hours- No registration:

o 120 days before regular electiono 90 days before a special election

RA 10367 - Mandatory Biometric Act

1. New applicants: mandatory biometrics2. Previous applicants: subject themselves before October 31,

2015 for biometrics capture

B. Challenge, Inclusion, Exclusion and Challenge toRight

RA 8189 Section 18

Who may challenge?

- any voter- any candidate or- any representative of a registered political party

How?

1. in writing

2. under oath3. attached to the application together with4. proof of notice of hearing to the challenger and the

applicant5. stating the grounds

What may be challenged?

Any application for registration


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Procedure:

Hearing: 3rd

Monday of the monthDecision: by the end of the month

Opposition to Challenge:

- filed not later than the 2nd

Monday of the month- if falls on a holiday: next following working day

Inclusions

Section 34 RA 8189

Who may apply?- any person whose application for registration has been

disapproved by the Board- any person whose name has been stricken out from the list

When?

- 105 days before a general election- 75 days prior to a special election

What to file?

- application supported by a certificate of disapproval of hisapplication

- proof of service of his petition

Decision: 15 days after filing

Exclusion

Section 35 RA 8189

Who may file?

- any registered voter

- representative of a political party

Requirements

- sworn petition with:o nameo addresso precinct number of challenged votes

- proof of notice to the Board and Challenged votes

When?

- 100 days before a general election- 60 days prior to a special election

Decision: 10 days after filing

Where to file Inclusion and Exclusive Cases

Section 33 RA 8189

MTC and MeTC original and exclusive jurisdiction in theirrespective cities and nationalities

May be appealed: RTC within 5 days from receipt of notice

Decision of RTC: 10 days from time it is received

NO MOTION FOR RECONSIDERATION!

Annulment of Book of Voters

Section 39 RA 8189


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Who may file?

1. any voter

2. election officer3. duly registered political party

Requirements:

1. verified petition2. stating the grounds

Grounds:

1. fraud2. bribery

3. forgery4. impersonation5. intimidation6. force

Limitations:

No ruling or decision within 90 days before an election

C. Qualification and Disqualifications of Officers

Qualifications for National Elective Officials

President andVP

Senate House of Rep

Basis Art 7 Sec 21987 Const

Article 6 Sec 31987 Const

Article 6 Sec 61987 Const

Citizen Natural born Natural born Natural born

Age At least 40 yo At least 35 yo At least 25 yoLiteracy Able to read

and writeAble to readand write

Able to readand write

VoterRegistration

RegisteredVoter

RegisteredVoter

RegisteredVoter in district

Residence 10 years 2 years 1 year

Why does an official need to be a natural born citizen?

- must hold absolute and undivided allegiance and loyalty- presumption: always be inclined to owe allegiance to the

country of birth

Qualifications for Local Elective Officials

Governorand VG

Mayor(HUC)

Mayor andVM (City)

SP andSB

Basis RA 7160

Sec 39

RA 7160

Sec 39

RA 7160

Sec 39

RA 7160

Sec 39Citizen Citizen Citizen Citizen CitizenAge At least 23

yoAt least 23yo

At least 21yo

At least 18yo

Literacy Able toread andwrite +other locallanguage

Able toread andwrite +other locallanguage



VoterRegistration

RegisteredVoter

RegisteredVoter

RegisteredVoter

RegisteredVoter indistrict

Residence 1 year province

2 yrs - PH

1 year province

2 yrs - PH

1 year province

2 yrs - PH

1 year province

2 yrs - PH


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Definition of Terms:

Candidate: Section 79(a) BP 881

- any person aspiring for or seeking an elective office who hasfiled for a certificate of candidacy by himself or through anaccredited political party

Qualification

- a condition or circumstance that must be met or compliedwith to make a person suitable for a part or position

Disqualification

- the quality of not being suitable for a particular position

Natural Born Citizen

- those who are citizens of the PH from birth- without having to perform any act to acquire or perfect their

citizenship- born on or before January 17, 1973 of Filipino mother who

elect PH citizenship upon reaching age of majority

Residence

- indicate place of abode whether permanent or temporary

Domicile: Article 50 CC

- for the exercise of civil rights and the fulfillment of civilobligations

- domicile as place of habitual residence

Documents

Election Law Midterm Reviewer