Election Law [Recit Reviewer]

8/2/2019 Election Law [Recit Reviewer]

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THE Bonakids Election Law P a g e | 1

ELECTION LAW

CHAPTER 1 GENERAL PRINCIPLES

Meaning ofSuffrage the right as well as obligation ofqualified citizens to vote in

a. election of certain national and local officers of the government, andb. decision of public questions submitted to it

Nature of Suffrage

Privilege it is not a natural right, hence, it can be given or withheld by thelawmaking power subject to constitutional limitations

oGranted only upon the fulfillment of certain minimum conditions deemedessential for the welfare of society

Scope of Suffrage

a. Election means by which people choose, through the use of ballot, theirofficials for definite and fixed periods and to whom they entrust, for thetime being as their representatives, the exercise of powers of government

oThe term may refer to the conduct of polls including the list of voters, theholding of electoral campaign, and the casting and counting of votes

b. Plebiscite a vote of the people expressing their choice for or against aproposed law or enactment submitted to them

c. Referendum submission of a law passed by the national or locallegislative body to the registered voters at an election called for thepurpose for their ratification or rejection

d. Initiative the process whereby the registered voters directly pro[pose,enact, or amend laws, national or local, through an election called for thepurpose

oAmendments of the Constitution may be directly proposed by the peoplethrough initiative

e. Recall a method by which a public officer may be removed from officeduring his tenure or before the expiration of his term by a vote of thepeople after registration of a petition signed by a required percentage ofthe qualified voters

Object of Suffrage and Election Laws

Main object: continuity of government and the preservation and perpetuationof its benefits

2-fold object: Enable the people1. To choose their representatives to discharge sovereign functions

2. To determine their will upon such questions submitted to them Election laws: regulate how the right of suffrage is to be exercised

Power of Congress to Regulate Suffrage and Elections

It is within the power of the State to prescribe the manner in which such rightshall be exercised

Congress has unlimited power, subject only to constitutional restrictions, toenact laws relative to right of suffrage including the power to:

a. Define the qualifications of votersb. Regulate electionsc. Prescribe the form of official ballotd. Provide for the manner in which candidates shall be chosen and the names

that shall be printed upon the ballot

e. Regulate the manner of conducting electionsf. Suppress whatever evils may be incident to the election of public officers

pursuant to the exercise of police power

Constitutional Provisions on Suffrage

This prescribes the qualifications of voters and Congress cannot add or altersuch qualifications

The responsibility of determining who may be disqualified by law, and,therefore, may be precluded from exercising the right of suffrage, is left bythe Constitution to Congress

The secrecy of the electoral process requires the secrecy of the vote

Art. 5, Sec. 2 of the Constitution: The Congress shall provide a system for securing thesecrecy and sanctity of the ballot as well as a system for absentee voting by qualifiedFilipinos abroad.

The Congress shall also design a procedure for the disabled and the illiterates to votewithout the assistance of other persons. Until then, they shall be allowed to vote underexisting laws and such rules as the Commission on Elections may promulgate to protectthe secrecy of the ballot.

Art. 5, Sec. 1 of the Constitution: Suffrage may be exercised by all citizens of thePhilippines not otherwise disqualified by law, who are at least eighteen years of age, andwho shall have resided in the Philippines for at least one year, and in the place whereinthey propose to vote, for at least six months immediately preceding the election. Noliteracy, property, or other substantive requirement shall be imposed on the exercise ofsuffrage.


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Prohibited Substantive requirements for Exercise of Suffrage

a. Literacy requirement the requirement that a voter must know how toread and write confuses literacy with intelligence, and learning withwisdom

b. Property requirement this is inconsistent with the concept of republicangovernment and with social justice principles

c. Education because this is no guarantee of good citizenship or ofintelligence voting

d. Sexe. Taxpaying ability

CHAPTER 2 COMMISSION ON ELECTIONS

Purpose of Commission

To protect the sanctity of the ballot and the free and honest expression ofpopular will

An independent administrative tribunal, co-equal with the other departmentsin respect to the powers vested in it

Composition Chairman and 6 Commissioners

Qualifications of Members

1. Natural-born citizens of the Philippines2. At least 35 years of age at the time of appointment3. Holders of a College degree4. Must not have been candidates for any elective position immediately

preceding elections

5. Members of the Philippine Bar who have been engaged in the practice oflaw for at least 10 years

Appointment and Terms of Office of Members

They are appointed by the President with the consent of the Commission onAppointments for 7 years with reappointment

3 Commissioners7 years 2 Commissioners5 years Last member3 years without reappointment Staggered term for 2 years interval A member appointed to fill a vacancy shall serve only for the unexpired term

to preserve the staggered terms of office

Appointments or designation in temporary or acting capacity is not allowed

Disabilities of Members

Constitutional Powers and Functions of the Commission

a. Executive or Administrative to enforce and administer election lawsb. Quasi-legislative to promulgate rules on all questions affecting elections

and its rules of procedure

c. Quasi-judicial to exercise original and appellate jurisdiction over certainelection contests

The COMELECshall exercise the following powers and functions:1. Enforce and administer laws relative to conduct of elections, etc.oThis includes the conduct of plebiscites, initiatives, referenda and recallsoThe intent of the Constitution is to give the Commission all necessary and

incidental powers for it to achieve the holding of free, orderly, honest,peaceful and credible elections

oThe choice of means taken by the Commission, unless they are clearlyillegal or arbitrary, should not be interfered with

oThe Omnibus Elections Code grants the Commission investigatory andprosecution power over election offenses

oThe power to annul an election is not within the powers of the CommissionoSpecific powers included:

a. Annul or cancel illegal registry lists of voters and order a new oneb. Cancel the canvas of election returns and annul an illegal

proclamation as when they are based on incomplete returns and ordera new canvass to be made by the board of canvassers

c. Suspend the proclamation of winning candidates pending an inquiryinto irregularities brought to its intention

d. Direct the board of canvasser to include in the canvass returns fromquestioned precincts

e. Review the actuations of a board of canvassers even to the extent ofinquiring beyond the election records of the voting centers inquestions

oOnce proclamation has been made, any alteration or amendment in anystatements of election, or in any contradiction or discrepancy appearingtherein, whether due to clerical error or otherwise, cannot be madewithout the intervention of a competent court

Art. 9-A, Sec. 1(2) of the Constitution: No member of a Constitutional Commission shall,during his tenure, hold any other office or employment. Neither shall he engage in thepractice of any profession or in the active management or control of any businesswhich, in any way, may be affected by the functions of his office, nor shall he befinancially interested, directly or indirectly, in any contract with, or in any franchise orprivilege granted by the Government, any of its subdivisions, agencies, orinstrumentalities, including government-owned or controlled corporations or theirsubsidiaries.


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2. Decide election contestsoThis refers to the adversary proceedings by which matters involving the

title or claim to an elective office, made before or after proclamation ofthe winner, is settled

oFor barangay officials, it is restricted to proceedings after theproclamation of the winner

o It is neither a civil nor a criminal action, but an ordinary action governedby Rule 20 of the COMELEC Rules of Procedure

oPurpose: to ascertain the candidate lawfully elected to officeoElection contests involving regional, provincial, and city officials within

the exclusive jurisdiction of COMELEC

oElection contests for municipal and barangay officials under thejurisdiction of RTC and MTC, respectively, subject to appeal to COMELEC

oElection contests involving SK officials under the direct control andsupervision of DILG

oSpecific powers included:a. Determine the validity and nullity of votesb. Exclusive authority to conduct preliminary investigation and the

prosecution of election offenses punishable under election laws before

a competent courtc. Concurrent jurisdiction with SC to issue writs ofcertiorari, prohibition

and mandamus over decisions of trial courts of general jurisdiction

oAll contests relating to the election returns, and qualifications of memberof Congress within exclusive jurisdiction of Senate or House ofRepresentatives Electoral Tribunal once a winding candidate has beenproclaimed, taken his oath and assumed office

oAll contests relating to the election, returns, and qualifications of thePresident or Vice President within the exclusive jurisdiction of SC enbanc as Presidential Electoral Tribunal

3. Decide all questions affecting electionsoThe Commission has no jurisdiction over questions involving the

a. right to vote which includes qualifications and disqualifications ofvoters

b. right of a person to be registered as voterc. right to cast his vote

4. Deputize law enforcement agenciesoThis must be done with the concurrence of the PresidentoThe acts of such deputies within the lawful scope of their delegated

authority are, in legal contemplation, the acts of the COMELEC itself

oThe removal or suspension of such deputies may be recommended by theCOMELEC to the President rather than directly imposed by the COMELEC

5. Register political parties, etc. and accredit its citizens armsoPolitical parties which are refused registration are those which:

a. Have no platform or program of governmentb. Seek to achieve their goals through violence or unlawful meansc. Refuse to uphold and adhere to the Constitutiond. Supported by any foreign government and their agencies

oReligious denominations and sects are not allowed to be registeredoCitizens arms are supposed to be completely neutral and non -partisan in

assisting the COMELEC in the conduct of elections, etc.

6. File petitions, investigate and prosecuteoThis can be exercised on its own initiative even in the absence of any

complaint

oThis includes the power to prosecute cases in violation of election laws7. Recommend measuresoRecommend measures as would effect more improvements on the election

laws such as those that would curb overspending, ensure enforcement of

fair and equal exposure rule for political parties and their candidates,and prevent a strong party or candidate from taking undue advantage ofthe weakness of the others

8. Recommend removal or disciplinary actionoThe President may or may not follow the recommendation of the COMELEC

on deputization

oUnder the Omnibus Election Code, COMELEC may relieve any officer oremployee deputized by it, and, upon its recommendation, thecorresponding authority shall suspend or remove from office any or allsuch officers or employees who may, after due process, be found guiltyof such violation or failure

9. Submit reportoThe report should contain a description on how a previous election,

plebiscite, initiative, referendum, or recall was conducted and whatlaws or regulations, if any, were violated

Power to punish for contempt

This is exclusive only for those cases provided for in Rule 64 of the Rules ofCourt:

In the exercise of its administrative functions, COMELEC has no power to hold aperson for contempt


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Finality of decisions

No judicial or quasi-judicial act or order including interlocutory orders issuedby COMELEC, or by any judicial or quasi-judicial body for that matter, isbeyond the reach of SCs power to correct through the wr it of certiorari forgrave abuse of discretion, amounting to lack or excess of jurisdiction

Hearing and Deciding Election Cases

2-tiered organizational and functional structure of COMELEC:1. Election cases including pre-proclamation controversies and appeals from

trial court must first be heard and decided by a Division of COMELEC thisis mandatory and jurisdictional

2. Upon motion for reconsideration can it decide decisions, order, orresolution of a division en bancthe filing of motion for reconsideration ismandatory

Factual findings of COMELEC are conclusive upon the courts in the absence of asubstantial attack on the validity of the same Technical rules of evidence are not rigorously applied Congress may, by legislation, fix a period for the rendition of decisions for

election cases

Omnibus Election Code: cases brought before COMELEC shall be decided within90 days from the date of submission for decision

The preferential disposition of election contests applies only to cases beforethe courts and not those before COMELEC

Regulation of Public Entities and Media

Pardon, etc. of Violators of Election Laws

Election and Campaign Periods

This does not fix an unalterable period of 90 days for an election campaign The election period is not the same as campaign period; the latter is fixed by

law and covers only the period before the day of the election

It is unlawful to engage in an election campaign or partisan political activityoutside the campaign period

Rendition of Decision and Judicial Review

Decisions, etc. of the Commission, en banc, may be brought to SC by means ofthe special civil action ofcertiorari under Rule 65

The case or matter must be something within the jurisdiction of theCommission; it must pertain to an election dispute

The period of 60 days within which a case or matter shall be decided begins torun from the filing of the last pleading, brief, or memorandum

A motion for reconsideration when notpro forma, suspends the running of theperiod to elevate the matter to SC

The review is limited to questions involving abuse of discretion GR: only final judgments may be executed Exception: execution pending appeal can only be alloweda. On the basis of good reasons to be stated in a special order

b. The reasons must be of such urgency as to outweigh the injury or damageof the losing party should the latter secure a reversal of the judgment onappeal, and

c. There must be a motion by the prevailing party with notice to the adverseparty

Rules of Procedure

Substantive rights rights concerning life, liberty or property

Art. 9-A, Sec. 6 of the Constitution: Each Commission en banc may promulgate its ownrules concerning pleadings and practice before it or before any of its offices. Suchrules, however, shall not diminish, increase, or modify substantive rights.

Art. 9-A, Sec. 7 of the Constitution: Each Commission shall decide by a majority voteof all its Members, any case or matter brought before it within sixty days from thedate of its submission for decision or resolution. A case or matter is deemed submittedfor decision or resolution upon the filing of the last pleading, brief, or memorandumrequired by the rules of the Commission or by the Commission itself. Unless otherwiseprovided by this Constitution or by law, any decision, order, or ruling of eachCommission may be brought to the Supreme Court on certiorari by the aggrieved party

within thirty days from receipt of a copy thereof.

Art. 9-C, Sec. 9 of the Constitution: Unless otherwise fixed by the Commission in specialcases, the election period shall commence ninety days before the day of election and shallend thirty days thereafter.

Art. 9-C, Sec. 5 of the Constitution: No pardon, amnesty, parole, or suspension ofsentence for violation of election laws, rules, and regulations shall be granted by the

President without the favorable recommendation of the Commission.

Art. 9-C, Sec. 4 of the Constitution: The Commission may, during the election period,supervise or regulate the enjoyment or utilization of all franchises or permits for theoperation of transportation and other public utilities, media of communication orinformation, all grants, special privileges, or concessions granted by the Government orany subdivision, agency, or instrumentality thereof, including any government-ownedor controlled corporation or its subsidiary. Such supervision or regulation shall aim toensure equal opportunity, and equal rates therefor, for public information campaignsand forums among candidates in connection with the objective of holding free, orderly,honest, peaceful, and credible elections.

Art. 9-C, Sec. 3 of the Constitution: The Commission on Elections may sit en banc or intwo divisions, and shall promulgate its rules of procedure in order to expedite dispositionof election cases, including pre- proclamation controversies. All such election cases shallbe heard and decided in division, provided that motions for reconsideration of decisionsshall be decided by the Commission en banc.


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Procedural rights remedies or means by which an aggrieved party, may bringhis case to suit, trial, and judgment

The Rules of Court applies suppletorily to proceedings before the Commission

Votes Required for Rendition of Decision

A decision or resolution becomes binding only after it is promulgated and notbefore

If at the time of the promulgation, a member of the Commission has alreadyvacated his office, his vote is automatically withdrawn or cancelled

Powers and Functions of the COMELEC under Omnibus Election Code

1. Exercise direct and immediate supervision and control over national andlocal officials or employees required by law to perform duties relative tothe conduct of election

2. It may authorize CMT cadets, 18 years of age and above, to act as itsdeputies for the purpose of enforcing its orders

3. Require payment of legal fees and collect the same in payment of anybusiness done in the Commission, at rates that it may prove and fix in itsrules and regulations

4. Summons the parties to a controversy pending before it, issue subpoenaand subpoena duces tecum

5. Issue warrant to arrest the witness and bring him before the Commission incase of failure to attend

6. When necessary, avail of the assistance of any national or local lawenforcement to execute its final decisions, orders, instructions or rulings

7. Punish contempts any violation of any final and executory decision, orderor ruling of the Commission shall constitute contempt

8. Enforce and execute its decisions, etc.9. Prescribe the forms to be used in the election plebiscite or referendum10. Procure any supplies, etc. needed for the holding of the election by public

bidding

11. Prescribe the use or adoption of the latest technological and electronicdevises

12. Carry out a continuing and systematic campaign through any forms ofmedia to educate the public and fully inform the electorate about allmatters concerning the election

13. Enlist non-partisan groups or organizations14. Conduct hearings on controversies pending before it15. Fix other reasonable periods for certain pre-election requirements

CHAPTER 3 REQUIREMENTS BEFORE ELECTION

REGISTRATION (RA 8189)

Registration of Voters

Sec. 5 of COMELEC Resolution No. 1660: Quorum: votes required; substitution. Twomembers shall constitute a quorum for the transaction of the official business of theDivision.

A case being heard by it shall be decided with the unanimous concurrence of all threeCommissioners and its decision shall be considered a decision of the Commission. Ifthis required number is not obtained, as when there is a dissenting opinion, the casemay be appealed to the Commission en banc, in which case the vote of the majoritythereof shall be the decision of the Commission.

Section 3. Definition of Terms. As used in this Act:

a) Registration refers to the act of accomplishing and filing of a sworn application forregistration by a qualified voter before the election officer of the city or municipalitywherein he resides and including the same in the book of registered voters upon approval

by the Election Registration Board;

b) Registration Record refers to an application for registration duly approved by theElection Registration Board;


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Who may Register?a. A citizen of the Philippines not otherwise disqualified by lawb. At least 18 years of age on the day of the electionc. Have resided in the Philippines for at least 1 yeard. Have resided for at least 6 months, in the place wherein he/she proposes

to vote, immediately preceding the election

Necessity of Registration

Registration is essential to the exercise of the right of suffrage, not thepossession thereof

Election Registration Board

Composition of the Election Registration Boarda. Chairman Election Officerb. Members

i.Public school official most senior in rankii.Local civil registrar, or in his absence, City or Municipal treasurer


g) Election Registration Board refers to the body constituted herein to act on allapplications for registration;

n) Election Officer refers to the highest official or authorized representative of theCommission in a city or municipality; and

Section 15. Election Registration Board. There shall be in each city and municipality asmany as Election Registration Boards as there are election officers therein. In thicklypopulated cities/municipalities, the Commission may appoint additional election officersfor such duration as may be necessary.

The Board shall be composed of the Election Officer as chairman and as members, thepublic school official most senior in rank and the local civil registrar, or in his absence,the city or municipal treasurer.

In case of disqualification of the Election Officer, the Commission shall designate anacting Election Officer who shall serve as Chairman of the Election Registration Board. Incase of disqualification or non-availability of the Local Registrar or the MunicipalTreasurer, the Commission shall designate any other appointive civil service official fromthe same locality as substitute.

No member of the Board shall be related to each other or to any incumbent city ormunicipal elective official within the fourth civil degree of consanguinity or affinity. If insucceeding elections, any of the newly elected city or municipal officials is related to amember of the board within the fourth civil degree of consanguinity or affinity, suchmember is automatically disqualified to preserve the integrity of the Election RegistrationBoard.

Every registered party and such organizations as may be authorized by the Commission

shall be entitled to a watcher in every registration board.

Section 9. Who may Register. All citizens of the Philippines not otherwise disqualified bylaw who are at least eighteen (18) years of age, and who shall have resided in thePhilippines for at least one (1) year, and in the place wherein they propose to vote, for atleast six (6) months immediately preceding the election, may register as a voter.

Any person who temporarily resides in another city, municipality or country solely byreason of his occupation, profession, employment in private or public service,educational activities, work in the military or naval reservations within the Philippines,service in the Armed Forces of the Philippines, the National Police Forces, or confinementor detention in government institutions in accordance with law, shall not be deemed tohave lost his original residence.

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

Section 10. Registration of Voters. A qualified voter shall be registered in the permanentlist of voters in a precinct of the city or municipality wherein he resides to be able tovote in any election. To register as a voter, he shall personally accomplish an applicationform for registration as prescribed by the Commission in three (3) copies before theElection Officer on any date during office hours after having acquired the qualificationsof a voter.

The application shall contain the following data:a) Name, surname, middle name, and/or maternal surname;b) Sex;c) Date, and place of birth;d) Citizenship;e) Civil status, if married, name of spouse;f) Profession, occupation or work;g) Periods of residence in the Philippines and in the place of registration;h) Exact address with the name of the street and house number for location in theprecinct maps maintained by the local office of the Commission, or in case there is none,a brief description of his residence, sitio, and barangay;i) A statement that the applicant possesses all the qualifications of a voter;j) A statement that the applicant is not a registered voter of any precinct;k) Such information or data as may be required by the Commission.

The application for registration shall contain three (3) specimen signatures of theapplicant, clear and legible rolled prints of his left and right thumbprints, with four (4)identification size copies of his latest photograph, attached thereto, to be taken at theexpense of the Commission.

Before the applicant accomplishes his application for registration, the Election Officershall inform him of the qualifications and disqualifications prescribed by law for a voter,and thereafter, see to it that the accomplished application contains all the data thereinrequired and that the applicants specimen signatures, fingerprints, and photographs areproperly affixed in all copies of the voters application.


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Section 17. Notice and Hearing of Applications. Upon receipt of applications forregistration, the Election Officer shall set them for hearing, notice of which shall beposted in the city or municipal bulletin board and in his office for at least one (1) weekbefore the hearing, and furnish copies thereof to the applicant concerned, the heads orrepresentatives of political parties, and other accredited groups or organizations whichactively participate in the electoral process in the city or municipality. On the date ofthe hearing, the Election Officer shall receive such evidence for or against theapplicant.

A registrant whose application is not seasonably objected to shall be notified in writingstating therein that no objection was raised against his application and that he need notappear on the date set for the hearing of his application.

Physical presence of the applicant concerned shall, however, be mandatory in all caseswhere objections against his application have been seasonably filed with the properElection Registration Board for him to rebut or refute evidence presented in oppositionthereto.

All applications for registration shall be heard and processed on a quarterly basis. Forthis purpose, the Election Registration Board shall meet and convene on the thirdMonday of April, July, October, and January of every calendar year, or on the nextfollowing working day if the designated days fail on a non-working holiday, except in anelection year to conform with the one hundred twenty (120) days prohibitive periodbefore election day. Should one day be sufficient for the processing of all accepted

applications, the Board shall adjourn from day to day until all the applications shall havebeen processed.

Illiterate or Disable Applicants

Election officer or any member of an accredited citizens arm shall assist anyilliterate person when registering

Duties of an election officer when assisting an illiterate person:a. Place such person under oathb. Ask such person questions and record the answers givenc. Accomplish the application form in the presence of the majority of the

members of the Board

d. Read the accomplished form to the person assistede. The person assisted shall affirm its truthfulness and accuracy by placing his

thumbmark on the application form in the presence of the Board

Change of Residence or Address

The application for transfer of registration shall be subject to thea. Requirements of notice and hearing, andb. Approval of the Election Registration Board

Notice and Hearing of Applicants

Section 12. Change of Residence to Another City or Municipality. Any registered voterwho has transferred residence to another city or municipality may apply with theElection Officer of his new residence for the transfer of his registration records.

The application for transfer of registration shall be subject to the requirements ofnotice and hearing and the approval of the Election Registration Board, in accordancewith this Act. Upon approval of the application for transfer, and after notice of suchapproval to the Election Officer of the former residence of the voter, said ElectionOfficer shall transmit by registered mail the voters registration record to the ElectionOfficer of the voters new residence.

Section 13. Change of Address in the Same City or Municipality. Any voter who haschanged his address in the same city or municipality shall immediately notify theElection Officer in writing. If the change of address involves a change in precinct, theBoard shall transfer his registration record to the precinct book of voters of his newprecinct and notify the voter of his new precinct All changes of address shall bereported to the office of the provincial election supervisor and the Commission inManila.


e) Illiterate or Disabled person refers to one who cannot by himself prepare anapplication for registration because of his physical disability and/or inability to read andwrite;

Section 14. Illiterate or Disabled Applicants. Any illiterate person may register with theassistance of the Election Officer or any member of an accredited citizens arms. TheElection Officer shall place such illiterate person under oath, ask him the questions, andrecord the answers given in order to accomplish the application form in the presence ofthe majority of the members of the Board. The Election Officer or any member of anaccredited citizens arm shall read the accomplished form aloud to the person assistedand ask him if the information given is true and correct The accomplished form shall besubscribed by the applicant in the presence of the Board by means of thumbmark orsome other customary mark and it shall be subscribed and attested by the majority ofthe members of the Board.

The attestation shall state the name of the person assisted, the name of the ElectionOfficer or the member of the accredited citizens arm who assisted the applicant, thefact that the Election Officer placed the applicant under oath, that the Election Officer

or the member of the accredited citizens arm who assisted th e applicant read theaccomplished form to the person assisted, and that the person assisted affirmed itstruth and accuracy, by placing his thumbmark or some other customary mark on theapplication in the presence of the Board.

The application for registration of a physically disabled person may be prepared by anyrelative within the fourth civil degree of consanguinity or affinity or by the ElectionOfficer or any member of an accredited citizens arm using the data supplied by theapplicant. The fact of illiteracy or disability shall be so indicated in the application.


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Duties of the Election Officer upon receipt of applications for registration:a. Set a hearingb. Notice of which shall be posted in the bulletin board and his office for at

least 1 week before hearing

c. Furnish copies to the applicants, heads or representatives of politicalparties and other accredited groups

d. Receive such as evidence on the date of hearing

Challenges to Right to Register

Form of Challenge:a. In writingb. Stating the groundsc. Under oathd. Attached to the applicatione. With proof of notice of hearing

Approval and Disapproval of Application

This is done by majority vote of the Board Duties of Election Officer upon approval or disapproval of application:

a. If approved assign a voters identification number and issue identificationcard

b. If disapproved furnish the application with the certificate of disapprovaland stating the grounds therefor

Publication

Preservation of Voters Registration Records

Compile the original copies of the approved applications for registration perprecinct and arrange the same alphabetically according to surname

Section 21. Publication of Action on Application for Registration. Within five (5) daysfrom approval or disapproval of application, the Board shall post a notice in the bulletinboard of the city or municipal hall and in the office of the Election Officer, stating the

name and address of the applicant, the date of the application, and the action takenthereon. The Election Officer shall furnish a copy of such notice personally, or byregistered mail or special delivery to the applicant and heads or representatives ofregistered political parties in the city or municipality.

Section 20. Approval and Disapproval of Application. The Election Officer shall submit tothe Board all applications for registration filed, together with the evidence received inconnection therewith. The Board shall, by majority vote, approve or disapprove theapplications.

Upon approval, the Election Officer shall assign a voters identification number and issuethe corresponding identification card to the registered voter. If the Board disapprovesthe application, the applicant shall be furnished with a certificate of disapproval statingthe ground therefor. In cases of approval or disapproval, any aggrieved party may file apetition for exclusion or inclusion, as the case may be, with the proper Municipal orMetropolitan Trial Court as provided for in this Act.

Section 18. Challenges to Right to Register. Any voter, candidate or representative of aregistered political party may challenge in writing any application for registration,stating the grounds therefor. The challenge shall be under oath and be attached to theapplication, together with the proof of notice of hearing to the challenger and theapplicant.

Oppositions to contest a registrants application for inclusion in the voters list must, inall cases, be filed not later than the second Monday of the month in which the same isscheduled to be heard or processed by the Election Registration Board. Should thesecond Monday of the month fall on a non-working holiday, oppositions may be filed on

the next following working day. The hearing on the challenge shall be heard on the thirdMonday of the month and the decision shall be rendered before the end of the month.

Section 22. Preservation of Voters Registration Records. The Election Officer s hallcompile the original copies of the approved applications for registration per precinctand arrange the same alphabetically according to surname. He shall preserve the bookof voters and ensure its integrity. The second and third copies of the registration recordsshall be sent to the provincial and national central files within three (3) days after theapproval of the Board.

Section 23. Provincial File. There shall be a provincial file consisting of the duplicatecopies of all registration records in each precinct of every city and municipality in theprovince. It shall be in the custody of the Provincial Election Supervisor and shall becompiled and arranged by precinct, by municipality and alphabetically by surnames ofvoters.

Should the book of voters in the custody of the Election Officer be lost or destroyed at atime so close to election day that there is no time to reconstitute the same, thecorresponding book of voters in the provincial file shall be used during the voting.

Section 24. National Central File. There shall be a national central file under thecustody of the Commission in Manila consisting of the third copies of all approved voter

registration records in each city or municipality. It shall be compiled by precinct in eachcity/municipality and arranged alphabetically by surname so as to make the file areplica of the book of voters in the possession of the Election Officer. Thereafter anational list shall be prepared following the alphabetical arrangements of surnames ofvoters.

There shall be a national file consisting of the computerized voters list (CVL), both inprint and in diskette, submitted by the Election Officers in each city and municipalityconcerned, under the custody of the Commission in Manila.

The computerized voters list shall make use of a single and uniform computer programthat will have a detailed sorting capability to list voters alphabetically by the precinctswhere they vote, by the barangays, municipalities, cities or provinces where they resideand by their voters identification number (VIN).


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Section 25. Voters Identification Card. The voters identification card issued to theregistered voter shall serve as a document for his identification. In case of loss ordestruction, no copy thereof may be issued except to the registered voter himself andonly upon the authority of the Commission.

The Commission shall adopt a design for the voters identification card which shall be,as much as possible, tamper proof. It shall provide the following: the name and address

of the voter, his date of birth, sex, photograph, thumbmark, and the number of precinctwhere he is registered, the signature of the voter and the chairman of the ElectionRegistration Board and the voters identification number (VIN).

Section 26. Voters Identification Number (VIN). The Commission shall assign everyregistered voter a voters identification number (V1N) consisting of three parts, eachseparated by a dash. For example: 7501 -00191 -C145BCD.

a) Part 1: Current Address of the Voter1) the first two digits 75 stand for the province; and

2) The last two digits, 01, stand for the city, municipality, or a district, particularlyin Manila.

The code assignment for provinces, cities and municipalities shall follow the Urban Codedevised by the National Census and Statistics Office (NCSO).

b) Part II: Current Precinct Assignment of the Voter

1) The first four digits, 0019, stand for the permanent number of the precinctwhere the voter is currently assigned: and

2) The letter indicates whether it is a mother or a daughter precinct.

The number assigned to the precinct in every city or municipality shall be permanentbut the voter may transfer his precinct number. The VIN reflects the current precinctassignment of the voter.

c) Part III: Permanent Birth and Name Code Unique to the Voter

1) The letter, C, stands for the month, i.e., A for January, B for February, and soforth;

2) The next two digits, 14, stand for the date of birth;

3) The next two digits, 51, stand for the year of birth; and

4) The last three letters, BCD, stand for the name code, i.e., Bayani Cruz Davide.

Identification of Voters

Deactivation of Registration

The last three letters shall stand for the first letter of the first name, the middle name,and the last name in that order.

The Commission shall ensure that Part III hereof of the voters identification number(VIN) shall be permanent and unique to each voter. If necessary, the Commission mayexpand and modify the same.

d) The combined birth and name code is assigned during the lifetime of every voter.Upon transfer of the voter to another precinct, the first two parts of the VIN shall

change.

Section 27. Deactivation of Registration. The board shall deactivate the registration andremove the registration records of the following persons from the correspondingprecinct book of voters and place the same, properly marked and dated in indelible ink,in the inactive file after entering the cause or causes of deactivation:

a) Any person who has been sentenced by final judgment to suffer imprisonment for notless than one (1) year, such disability not having been removed by plenary pardon oramnesty: Provided, however, That any person disqualified to vote under this paragraph

shall automatically reacquire the right to vote upon expiration of five (5) years afterservice of sentence as certified by the clerks of courts of the Municipal/MunicipalCircuit/Metropolitan/Regional Trial Courts and the Sandiganbayan;

b) Any person who has been adjudged by final judgment by a competent court ortribunal of having caused/committed any crime involving disloyalty to the dulyconstituted government such as rebellion, sedition, violation of the anti-subversion andfirearms laws, or any crime against national security, unless restored to his full civil andpolitical rights in accordance with law; Provided, That he shall regain his right to voteautomatically upon expiration of five (5) years after service of sentence;

c) Any person declared by competent authority to be insane or incompetent unless suchdisqualification has been subsequently removed by a declaration of a proper authoritythat such person is no longer insane or incompetent;

d) Any person who did not vote in the two (2) successive preceding regular elections asshown by their voting records. For this purpose, regular elections do not include theSangguniang Kabataan (SK) elections;

e) Any person whose registration has been ordered excluded by the Court; and

f) Any person who has lost his Filipino citizenship.


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Reactivation of Registration

Cancellation of Registration

List of Voters per Precinct

Book of Voters

For this purpose, the clerks of court for the Municipal/MunicipalCircuit/Metropolitan/Regional Trial Courts and the Sandiganbayan shall furnish theElection Officer of the city or municipality concerned at the end of each month a certifiedlist of persons who are disqualified under paragraph (a) hereof, with their addresses. TheCommission may request a certified list of persons who have lost their Filipino Citizenshipor declared as insane or incompetent with their addresses from other governmentagencies.

The Election Officer shall post in the bulletin board of his office a certified list of those

persons whose registration were deactivated and the reasons therefor, and furnish copiesthereof to the local heads of political parties, the national central file, provincial file, andthe voter concerned.

Section 28. Reactivation of Registration. Any voter whose registration has beendeactivated pursuant to the preceding Section may file with the Election Officer a swornapplication for reactivation of his registration in the form of an affidavit stating that thegrounds for the deactivation no longer exist any time but not later than one hundredtwenty (120) days before a regular election and ninety (90) days before a specialelection.

The Election Officer shall submit said application to the Election Registration Board forappropriate action.

In case the application is approved, the Election Officer shall retrieve the registrationrecord from the inactive file and include the same in the corresponding precinct book ofvoters. Local heads or representatives of political parties shall be properly notified onapproved applications.

Section 29. Cancellation of Registration. The Board shall cancel the registration records

of those who have died as certified by the Local Civil Registrar. The Local Civil Registrarshall submit each month a certified list of persons who died during the previous monthto the Election Officer of the place where the deceased are registered. In the absenceof information concerning the place where the deceased is registered, the list shall besent to the Election Officer of the city or municipality of the deceaseds residence asappearing in his death certificate. In any case, the Local Civil Registrar shall furnish acopy of this list to the national central file and the proper provincial file.

The Election Officer shall post in the bulletin board of his office a list of those personswho died whose registrations were cancelled, and furnish copies thereof to the localheads of the political parties, the national central file, and the provincial file.


d) List of Voters refers to an enumeration of names of registered voters in a precinctduly certified by the Election Registration Board for use in the election;

Section 4. Permanent List of Voters. There shall be a permanent list of voters per

precinct in each city or municipality consisting of all registered voters residing withinthe territorial jurisdiction of every precinct indicated by the precinct maps.

Such precinct-level list of voters shall be accompanied by an addition deletion list of thepurpose of updating the list.

For the purpose of the 1997 general registration, the Commission shall cause thepreparation and posting of all precinct maps in every barangay nationwide. Five daysbefore the 1997 general registration, individual precinct maps shall be posted at thedoor of each polling place. Subsequently, the Election Officer shall be responsible forthe display, throughout the year, of precinct maps in his office and in the bulletin boardof the city or municipal hall.

The precinct assignment of a voter in the permanent list of voters shall not be changedor altered or transferred to another precinct without the express written consent of the

voter: Provided, however, That the voter shall not unreasonably withhold such consent.Any violation thereof shall constitute an election offense which shall be punished inaccordance with law.

Section 43. Computerization at Permanent List of Voters. - A permanent andcomputerized list arranged by precinct, city or municipality, province and region shallbe prepared by the Commission. Thereafter, another list shall be prepared consisting ofthe names of the voters, arranged alphabetically according to surnames.

The computer print-outs of the list of voters duly certified by the Board are officialdocuments and shall be used for voting and other election related purposes as well asfor legitimate research needs.

The total number of voters in the permanent list shall be the basis for the printing of

the official ballots by the Commission.

Section 30. Preparation and Posting of the Certified List of Voters. The Board shallprepare and post certified list of voters ninety (90) days before a regular election andsixty (60) days before a special election and furnish copies thereof to the provincial,regional and national central files. Copies of the certified list, along with a certified listof deactivated voters categorized by precinct per barangay, within the same periodshall likewise be posted in the office of the Election Officer and in the bulletin board ofeach city/municipal hall. Upon payment of the fees as fixed by the Commission, thecandidates and heads of registered political parties shall also be furnished copiesthereof.

The Board shall also furnish two (2) certified copies for said certified list of voters,along with a certified list of deactivated voters to the Board of Election Inspectors for

posting in the polling place and for their reference on e lection day.


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Inclusion, Exclusion and Correction of Name of Voters

Petition for Inclusion or Exclusion of Voters in the List

f) The decision shall be based on the evidence presented and in no case rendered upon astipulation of facts. If the question is whether or not the voter is real or fictitious, his non-appearance on the day set for hearing shall be prima facie evidence that the challengedvoter is fictitious; and

g) The petition shall be heard and decided within ten (10) days from the date of its filing.Cases appealed to the Regional Trial Court shall be decided within ten (10) days fromreceipt of the appeal. In all cases, the court shall decide these petitions not later thanfifteen (15) days before the election and the decision shall become final and executory.

Section 33. Jurisdiction in Inclusion and Exclusion Case. The Municipal and MetropolitanTrial Courts shall have original and exclusive jurisdiction over all cases of inclusion andexclusion of voters in their respective cities or municipalities. Decisions of the Municipal orMetropolitan Trial Courts may be appealed by the aggrieved party to the Regional TrialCourt within five (5) days from receipt of notice thereof. Otherwise, said decision shallbecome final and executory. The regional trial court shall decide the appeal within ten(10) days from the time it is received and the decision shall immediately become final andexecutory. No motion for reconsideration shall be entertained.

Section 3. Definition of Terms. As used in this Act:c) Book of Voters refers to the compilation of all registration records in a precinct;

Section 31. Sealing of Precinct Book of Voters. The Board shall notify within fifteen (15)days before the start of the campaign period of all registered political parties andmembers of the Board of Election Inspectors to inspect and verify the completeness ofthe voters registration records for each precinct compiled in the book of voters.

After verification and certification by the Board of Election Inspectors and partyrepresentatives as to the completeness of the voters registration records in theprecinct book of voters, the Board shall seal the book of voters in the presence of theformer at the start of the campaign period and take custody of the same until theirdistribution to the Board of Election Inspectors on election day. The Election Officershall deliver the sealed precinct book of voters to the chairman of the Board of ElectionInspectors when the latter secures its official ballots and other paraphernalia forelection day.

Section 39. Annulment at Book of Voters. The Commission shall, upon verified petitionof any voter or election officer or duly registered political party, and after notice andhearing, annul any book of voters that is not prepared in accordance with the provisionsof this Act or was prepared through fraud, bribery, forgery, impersonation, intimidation,force or any similar irregularity, or which contains data that are statistically

improbable. No order, ruling or decision annulling a book of voters shall be executedwithin ninety (90) days before an election.

Section 32. Common Rules Governing Judicial, Proceedings in the Matter of Inclusion,Exclusion, and Correction of Names of Voters.

a) Petition for inclusion, exclusion or correction of names of voters shall be filed duringoffice hours;

b) Notice of the place, date and time of the hearing of the petition shall be served uponthe members of the Board and the challenged voter upon filing of the petition. Service

of such notice may be made by sending a copy thereof by personal delivery, by leaving itin the possession of a person of sufficient discretion in the residence of the challengedvoter, or by registered mail. Should the foregoing procedures not be practicable, thenotice shall be posted in the bulletin board of the city or municipal hall and in two (2)other conspicuous places within the city or municipality;

c) A petition shall refer only to one (1) precinct and implead the Board as respondents;

d) No costs shall be assessed against any party in these proceedings. However, if thecourt should find that the application has been filed solely to harass the adverse partyand cause him to incur expenses, it shall order the culpable party to pay the costs andincidental expenses;

e) Any voter, candidate or political party who may be affected by the proceedings mayintervene and present his evidence;

Section 34. Petition for Inclusion of Voters in the List. Any person whose application forregistration has been disapproved by the Board or whose name has been stricken outfrom the list may file with the court a petition to include his name in the permanent listof voters in his precinct at any time except one hundred five (105) days prior to aregular election or seventy-five (75) days prior to a special election. It shall besupported by a certificate of disapproval of his application and proof of service of noticeof his petition upon the Board. The petition shall be decided within fifteen (15) daysafter its filing.

If the decision is for the inclusion of voters in the permanent list of voters, the Boardshall place the application for registration previously disapproved in the correspondingbook of voters and indicate in the application for registration the date of the order ofinclusion and the court which issued the same.

Section 35. Petition for Exclusion of Voters from the List. Any registered voters,representative of a political party or the Election Officer, may file with the court asworn petition for the exclusion of a voter from the permanent list of voters giving thename, address and the precinct of the challenged voter at any time except one hundred(100) days prior to a regular election or sixty-five (65) days before a special election.The petition shall be accompanied by proof of notice to the Board and to the challengedvoter and shall be decided within ten (10) days from its filing.

If the decision is for the exclusion of the voter from the list, the Board shall, uponreceipt of the final decision, remove the voters registration record from thecorresponding book of voters, enter the order of exclusion therein, and thereafter placethe record in the inactive file.


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Verification of List of Registered Voters

Voters Exclusion

Inclusion and Exclusion Proceedings Summary in Character

1. Factual tradings and conclusions of trial court not conclusive on COMELEC2. Courts authority include the power to inquire into and settle all matters

essential to the exercise of said authority

3. Decision, not res judicata4. Issue of compliance with residency requirement is not within the competence

of the trial court in an exclusion proceeding

5. Jurisdiction of lower court is limited only to determining the right of voter toremain in the list of voters or to declare that the challenged voter is notqualified to vote in the precinct in which he is registered

Qualification of a Voter

1. Citizenship 2. Age 3. Residence

Residence Qualification of Voter or Candidate

Residence is a matter of intention which may be inferred from acts, activitiesand utterances

In election cases, SC treats domicile and residence as synonymous terms Elements in acquiring a new domicile by choice:

a. Actual residence or bodily presence in the new localityb. A bona fide intention to remain there and to abandon the old domicilec. Acts which correspond with that purpose

The mere absence of an individual from his permanent address without theintention to abandon it does not result in a loss or change of domicile

Disqualifications from Voting

Section 36. Verification of Registered Voters. The Election officer shall, in order topreserve the integrity of the permanent list of voters, file exclusion proceedings whennecessary, and verify the list of the registered voters of any precinct by regular mail orhouse to house canvass.

The Commission may enlist the help of representatives of political parties and deputizenon-government organizations (NGOs), civic organizations and barangay officials to

assist in the verification and house to house canvass of registered voters in everyprecinct.

Section 37. Voter Excluded Through Inadvertence or Registered with an Erroneous orMisspelled name. - Any registered voter who has not been included in the precinctcertified list of voters or who has been included therein with a wrong or misspelledname may file with the Board an application for reinstatement or correction of name. Ifit is denied or not acted upon, he may file on any date with the proper MunicipalCircuit, Municipal or Metropolitan Trial Court a petition for an order directing that hisname be entered or corrected in the list. He shall attach to the petition a certified copy

of his registration record or identification card or the entry of his name in the certifiedlist of voters used in the preceding election, together with the proof that his applicationwas denied or not acted upon by the Board and that he has served notice to the Board.

Section 38. Voters Excluded through Inadvertence or Registered with an Erroneous orMispelled Name. - Any registered voter whose registration record has not been includedin the precinct book of voters, or whose name has been omitted in the list of voters orwho has been included therein with a wrong or mispelled name may file with the Boardan application for inclusion of his record, or reinstatement or correction of his name asthe case may be. If it is denied or not acted upon, the voter may file on any date withthe proper Municipal or Metropolitan Trial Court a petition for an order directing thatthe voters name be entered or corrected in the list. The voters shall attach to thepetition a certified true copy of his registration record or identification card or theentry of his name in the list of voters used in the preceding election, together withproof that his application was denied or not acted upon by the Board and that he hasserved notice thereof to the Board.

Section 11. Disqualification. The following shall be disqualified from registering:

a) Any person who has been sentenced by final judgment to suffer imprisonment of notless than one (1) year, such disability not having been removed by plenary pardon oramnesty: Provided, however, That any person disqualified to vote under this paragraphshall automatically reacquire the right to vote upon expiration of five (5) years afterservice of sentence;

b) Any person who has been adjudged by final judgment by a competent court ortribunal of having committed any crime involving disloyalty to the duly constitutedgovernment such as rebellion, sedition, violation of the firearms laws or any crimeagainst national security, unless restored to his full civil and political rights inaccordance with law: Provided, That he shall automatically reacquire the right to voteupon expiration of five (5) years after service of sentence; and

c) Insane or incompetent persons declared as such by competent authority unlesssubsequently declared by proper authority that such person is no longer insane orincompetent.


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B. PRECINCTS AND POLLING PLACES

Election Precincts basic unit of territory established by COMELEC for the purposeof voting

Precinct maps a sketch or drawing of a geographical area stated in terms ofstreets or blocks or sitios the residence of which belong to a particular precinct

No new precinct be established at the start of the election

Splitting or merger of precincts shall not be allowed withouta. Redrawing the precinct mapsb. Done 120 days before election day

Determination whether a certain election precinct exists is a factual matter 1 barangay = 1 precinct = no more than 200 voters and shall comprise

contiguous and compact territories

When allowed to have less than 200 voters:a. Creation of a spin-off or daughter precinct once the 200-limit has been

reached

b. Island or group of islands comprise 1 original precinct Any alteration of precincts shall be duly announced by posting of notice Consolidation or merger of at most 3 precincts shall be effected 90 days before

election day

Publication of Maps of Precincts

Polling Places and their Designation

Section 152. Polling place. - A polling place is the building or place where the board ofelection inspectors conducts its proceedings and where the voters shall cast their votes.

Section 153. Designation of polling places. - The location of polling places designated inthe preceding regular election shall continue with such changes as the Commission mayfind necessary, after notice to registered political parties and candidates in the politicalunit affected, if any, and hearing: Provided, That no location shall be changed withinforty-five days before a regular election and thirty days before a special election or areferendum or plebiscite, except in case it is destroyed or it cannot be used.

Section 151. Publication of maps or precincts. - At least five days before the firstregistration day preceding a regular election or special election or a referendum or a

plebiscite, the Commission shall, through its duly authorized representative, post in thecity hall or municipal building and in three other conspicuous places in the city ormunicipality and on the door of each polling place, a map of the city or municipalityshowing its division into precincts with their respective boundaries and indicating thereinall streets and alleys in populous areas and the location of each polling place.

These maps shall be kept posted until after the election, referendum or plebiscite.

Section 5. Precincts and their Establishment. In preparation for the general registration in1997, the Commission shall draw updated maps of all the precincts nationwide. Uponcompletion of the new precinct maps, all the precincts established in the precedingelections shall be deemed abolished.

For the purpose of the general registration, the Commission shall create original precinctsonly. Spin-off precinct may be created after the regular elections of 1998 toaccommodate additional voters residing within the territorial jurisdiction of the originalprecincts.

The Commission shall introduce a permanent numbering of all precincts which shall beindicated by Arabic numerals and a letter of the English alphabet. Original or motherprecincts shall be indicated by the Arabic numeral and letter "A of the English alphabet.Spin-off or daughter precincts shall be indicated by the Arabic numeral and letter of theEnglish alphabet starting with letter B and so on.

No territory comprising an election precinct shall be altered or a new precinct beestablished at the start of the election period.

Splitting of an original precinct or merger of two or more original precincts shall not beallowed without redrawing the precinct map/s one hundred twenty (120) days beforeelection day.

Section 6. Arrangement of Precincts. Every barangay shall have at least one (1) precinct.Each precinct, shall have no more than two hundred (200) voters and shall comprisecontiguous and compact territories.

a) A precinct shall be allowed to have less than 200 registered voters under the followingconditions:

1) As soon as the 200-limit for every precinct has been reached, a spin-off or daughterprecinct shall be created automatically by the Commission to accommodate votersresiding within the territorial jurisdiction of the original precinct. Thereafter, a separate

list of new voters shall be prepared by the Election Officer; and

2) An island or group of islands with less than two hundred (200) voters may comprise one(1) original precinct.

b) Every case of alteration of precincts shall be duly announced by posting a noticethereof in a conspicuous place in the precinct, in the office of the election officer and inthe city or municipal hall and by providing political parties and candidates a list of all theprecincts at the start of the campaign period; and

c) Consolidation or merger of at most three (3) precincts may be allowed: Provided, Thatthe computerized counting shall be implemented: Provided, further, That the merger ofsuch precincts shall be effected ninety (90) days before election day.


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Voting center the building or place where the polling place is located Size is sufficient to accommodate 40 voters at one t ime No location shall be changed within 45 days before a regular election and 30

days before a special election except in case it is destroyed or cannot be used

No designation of polling places shall be changed except upona. Written petition of majority voters of the precinctb. Agreement of all political partiesc. Resolution by COMELEC upon prior notice and hearing

Arrangements and Contents of Polling Places

1 voting booth = 20 voters = list of the names of all the candidates or issues tobe voted for, be posted

1 polling place = 10 voting boothsGuard Rail

1 guard rail fora. Board of inspectors b. Watchers

Ballot Boxes

1 ballot box = 1 polling place Box shall be closed with 3 different locks and 3 numbered security locks

Furnishing of Ballot Boxes, Forms, Stationeries and Materials for Election

Section 162. Furnishing of ballot boxes, forms, stationeries and materials for election. -The Commission shall prepare and furnish the ballot boxes, forms, stationeries andmaterials necessary for the registration of voters and the holding of the election.

The provincial, city and municipal treasurer shall have custody of such electionparaphernalia, supplies and materials as are entrusted to him under the law or rules of theCommission and shall be responsible for their preservation and storage, and for any loss,

destruction, impairment or damage of any election equipment, material or document intheir possession furnished under this Code.

Section 160. Ballot boxes. -(a) There shall be in each polling place on the day of the voting a ballot box one side ofwhich shall be transparent which shall be set in a manner visible to the voting publiccontaining two compartments, namely, the compartment for valid ballots which isindicated by an interior cover painted white and the compartment for spoiled ballotswhich is indicated by an interior cover painted red. The boxes shall be uniform throughoutthe Philippines and shall be solidly constructed and shall be closed with three differentlocks as well as three numbered security locks and such other safety devices as theCommission may prescribe in such a way that they can not be opened except by means ofthree distinct keys and by destroying such safety devices.

(b) In case of the destruction or disappearance of any ballot box on election day, theboard of election inspectors shall immediately report it to the city or municipal treasurerwho shall furnish another box or receptacle as equally adequate as possible. The electionregistrar shall report the incident and the delivery of a new ballot box by the fastestmeans of communication on the same day to the Commission and to the provincialelection supervisor.

Section 159. Guard rails. -

(a) In every polling place there shall be a guard rail between the voting booths and thetable for the board of election inspectors which shall have separate entrance and exit.The booths shall be so arranged that they can be accessible only by passing through theguard rail and by entering through its open side facing the table of the board of electioninspectors.

(b) There shall also be a guard rail for the watchers between the place reserved for

them and the table for the board of election inspectors and at a distance of not morethan fifty centimeters from the latter so that the watchers may see and read clearlyduring the counting of the contents of the ballots and see and count the votes recorded

by the board of election inspectors member on the corresponding tally sheets.

Section 157. Arrangement and contents of polling places. - Each polling place shallconform as much as possible to the sketch on the following page.

Section 158. Voting booth. - During the voting, there shall be in each polling place abooth for every twenty voters registered in the precinct. Each booth shall be open onthe side fronting the table for the board of election inspectors and its three sides shallbe closed with walls at least seventy centimeters wide and two meters high. The upperpart shall be covered, if necessary, to preserve the secrecy of the ballot. Each boothshall have in the background a shelf so placed that voters can write therein whilestanding and shall be kept clearly lighted, by artificial lights, if necessary, during the

voting.The Commission shall post inside each voting booth and elsewhere in the polling place onthe day before the election, referendum and plebiscite a list containing the names of allthe candidates or the issues or questions to be voted for, and shall at all times duringthe voting period keep such list posted in said places.

Section 11. Voting Booth. - Any provision of law to the contrary notwithstanding, thereshall be in each polling place at least ten (10) voting booths of such size, specificationsand materials as the Commission may provide to enable the voters to fill out theirballots secretly.

Section 154. Requirements for polling places. - Each polling place shall be, as far aspracticable, a ground floor and shall be of sufficient size to admit and comfortablyaccommodate forty voters at one time outside the guard rail for the board of electioninspectors. The polling place shall be located within the territory of the precinct ascentrally as possible with respect to the residence of the voters therein and wheneverpossible, such location shall be along a public road. No designation of polling places shallbe changed except upon written petition of the majority of the voters of the precinct oragreement of all the political parties or by resolution of the Commission upon prior noticeand hearing.

A public building having the requirements prescribed in the preceding paragraph shall bepreferred as polling place.


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Who shall have the custody of such materials?o Provincial, City or Municipal Treasuer

Requisition, Printing and Distribution of Official Ballots and Election Returns

Official ballots and election returns be printed upon orders of COMELEC Requisition and Distribution of official ballots = rate of 1 1/5 ballots = every

registered voter

Requisition and Distribution of election returns = rate of 1 set = 1 polling place

Name of Watchers

The parties or their respective duly authorized representatives shall submit thenames of their respective watchers

Section 189. Representatives of the registered political parties in the verification anddistribution of official ballots and election returns. - The ruling party and the dominantopposition party or their respective duly authorized representatives in the differentprovinces, cities and municipalities, shall submit the names of their respective watchers

who, together with the representatives of the Commission and the provincial, city andmunicipal treasurer shall verify the contents of the boxes containing the shipment ofofficial ballots, election returns and sample official ballots received by the saidtreasurers. The provincial treasurers shall keep a record of their receipt and distributionto each municipal treasurer, while the city and municipal treasurer shall each keep a

record of their distribution to the board of election inspectors.

Section 186. Distribution of official ballots and election returns. - The official ballots andthe election returns shall be distributed by the Commission to each city and municipalityat the rate of one and one-fifth ballots for every voter registered in each polling place;and for election returns, at the rate of one set each for every polling place.

The provincial, city or municipal treasurer shall respectively keep a record of thequantity and serial numbers of official ballots and election returns furnished the variousprovinces, cities, municipalities and polling places, as the case may be, legible copies of

which record shall be furnished the duly authorized provincial, city or municipalrepresentatives of the ruling party and the dominant opposition party, and theCommission immediately after the distribution is made of such official ballots andelection returns.

The Commission shall prescribe the use of official delivery receipts to be signed by theelection registrar and the chairman of the board of canvassers upon receipt of theelection returns.

No official ballots or election returns shall be delivered to the board of electioninspectors earlier than the first hour of election day: Provided, however, That theCommission, after written notice to the registered political parties and the candidates,may, for justifiable reasons, authorize the delivery of said official ballots and electionreturns to the board of election inspectors of any particular polling place at an earlierdate.

Section 183. Requisition of official ballots and election returns. - Official ballots andelection returns shall be printed upon orders of the Commission. Requisition of official

ballots shall be for each city and municipality, at the rate of one and one-fifth ballots forevery registered voter in the next preceding election; and for election returns, at one setthereof for every polling place.

Section 184. Printing of official ballots and elections returns. - The official ballots andelection returns shall be printed by the Government Printing Office and/or the CentralBank printing facilities exclusively, under the exclusive supervision and control of theCommission which shall determine and provide the necessary security measures in theprinting, storage and distribution thereof.

Each ballot shall be joined by a perforated line to a stub numbered consecutively,beginning with number "1" in each city and municipality. Each ballot shall also have at thebottom a detachable coupon bearing the same number of the stub. Each pad of ballotsshall bear on its cover the name of the city or municipality in which the ballots are to beused and the inclusive serial numbers of the ballots contained therein.

The official ballots shall be bound in separate pads of fifty or one hundred ballots each asmay be required.

The election returns shall be prepared in sets of six copies per set and shall be numberedconsecutively, beginning with number "1" in each city and municipality. Each set of theelection returns shall be printed in such a manner that will ensure that the entries on theoriginal of the returns are clearly reproduced on the other copies thereof and shall bearthe name of the city or municipality in which the returns are to be used. For thispurposes, the Commission shall acquire, if necessary, a special kind of carbon paper orchemically treated paper.

Section 185. Sample official ballots. - The Commission shall provide the board of electioninspectors with sample official ballots at the rate of thirty ballots per polling place. Thesample official ballots shall be printed on colored paper, in all respects like the official

ballots but bearing instead the words "Sample Official Ballot", to be shown to the publicand used in demonstrating how to fill out and fold the official ballots properly. No nameof any actual candidate shall be written on the spaces for voting on the sample officialballots provided by the Commission, nor shall they be used for voting.


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Form and Contents of Ballots

Printed in black ink on white security paper with distinctive watermarks COMELEC is authorized to prescribe a different form of official ballot In May 2010 automated elections, voters shaded the oval indicated in the ballot

next to the name of the candidate

Signature of Chairman at the Back of Every Ballot

Publication of Official Ballots, etc.

At least 10 days before the election

C. Certificates of Candidacy

Candidate refers to any person aspiring for or seeking an elective public office,who has filed a certificate of candidacy by himself or through an accreditedpolitical party, aggroupment, or coalition of parties.

Certificate of Candidacy (COC) a statement of a person seeking to run for publicoffice certifying that he announces his candidacy for the office mentioned and thathe is eligible for the office, the name of the political party to which he belongs, ifhe belongs to any, and his post-office address for all election purposes being as wellstated.

Filing of certificate of candidacy

No person shall be eligible for any elective public office unless he files asworn COC within the period fixed by the Omnibus Election Code.

Certificate for more than 1 officeo No person shall be eligible for more than 1 office to be filled in

the same election and if he files his COC for more than one office,he shall not be eligible for any of them.

o But, before the expiration for filing the COC, the person maydeclare under oath the office which he desires to be eligible and cancel the certificate for the other office.

Stray Voteo Any vote in favor of a person who has not filed a COC or in favor

of a candidate for any office for which he did not present himselfis void and counted as a stray vote but it does not invalidatethe whole ballot.

Ministerial duty/jurisdiction of Commissiono Ministerial duty to receive and acknowledge receipt of the COC

but has jurisdiction over a petition to deny due course to or tocancel COC provided due process is observed.

Section 59. Publication of official ballots and election returns and printing thereof. - TheCommission shall publish at least ten days before an election in a newspaper of generalcirculation certified data on the number of official ballots and election returns and thenames and addresses of the printers and the number printed by each.

Section 24. Signature of Chairman at the Back of Every Ballot. - In every case beforedelivering an official ballot to the voter, the chairman of the board of election inspectorsshall, in the presence of the voter, affix his signature at the back thereof. Failure to soauthenticate shall be noted in the minutes of the board of election inspectors and shallconstitute an election offense punishable under Section 263 and 264 of the OmnibusElection Code.

Section 23. Officials Ballots. -

(a) Ballots for national and local elections, regular or special, plebiscites and referenda,shall be of uniform size and shall be prescribed by the Commission. They shall be printedin black ink on which security paper with distinctive, clear and legible watermarks thatwill readily distinguish it from ordinary paper. Each ballot shall be in the shape of a stripwith stub and detachable coupon containing the serial number of the ballot, and a space

for the thumbmark of the voter on the detachable coupon. It shall bear at the top of thevoter on the detachable coupon. It shall bear at the top of the middle portion thereof thecoat-of-arms of the Republic of the Philippines, the word "Official Ballot," the name ofthe city or the municipality and province in which the election is to be held, the date ofthe election, and the following notice in English: "Fill out this ballot secretly inside thevoting booth. Do not put any distinct mark on any part of this ballot."

(b) The official ballot shall also contain the names of all the officer to be voted for in theelection, allowing opposite the name of each office, sufficient space of spaces withhorizontal lines where the voter may write the name or names of individual candidatesvoted for by him.

(c) There shall not be anything printed or written on the back of the ballot except asprovided in Section 24 of this Act.

(d) Official ballot for cities and municipalities where Arabic is of general use shall haveeach of the titles of the offices to be voted for printed in Arabic in addition to andimmediately below the English title.

(e) Notwithstanding the preceding provisions, the Commission is hereby authorized toprescribe a different form of official ballot on the same watermarked security paper tofacilitate voting by illiterate voter only and to use or adopt the latest technological andelectronic devices in connection therewith as provided under Section 52(i) of the OmnibusElection Code.


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o It is within the competence of the commission to determinewhether false representation as to material facts was made inthe COC that will include, among others, residence.

o The determination of the MTC in exclusion proceedings as to theright of the person to be excluded form the list of voters in theprecinct does not preclude the commission in the determinationof his qualification as a candidate, to pass upon the issue ofcompliance with the residency requirement.

Time, place and manner of filing

Under RA 7166, any person running for the office of the president,vice-president, senator, member of the house of representatives or anyelective provincial, city or municipal office shall be:

o Filed in 5 legible copieso With the offices of the Commissiono Not later than the day before the date legally fixed for the

beginning of his campaign period.

o Filed personally by the candidate or his duly authorizedrepresentative (not accepted if by mail, telegram or facsimile)

Elective office Place of filing COC

President, Vice-President, Senators Main office of the commission in Manila

Members of the House ofRepresentatives (provincial)

Provincial election supervisor of theprovince concerned

Members of the House ofRepresentatives (districts in NCR)

Regional election director

Members of the House ofRepresentatives (districts outside NCR)

City election registrar

Provincial offices Provincial election supervisor

City and municipal offices City or municipal election registrar

Printing of names in election returns

Whenever practicable, the names of the registered candidates forlocal position shall be printed in the election returns.

If disqualified or declared a nuisance, it shall be the duty of theCommission to instruct the appropriate election officials to delete thename of the candidate in the election return.

Importance of a valid certificate of candidacy

Requirement absolutely mandatoryo Without it, the person cannot be considered a candidate.

o No amount of votes will catapult him into officeo If filed beyond the period required by law, it is void.o If cancelled, that person is also not a candidate.o The provisions of the law requiring the signing, swearing, as well

as the information required to be stated are consideredmandatory prior to elections. Thereafter, they are regarded asmerely directory to give effect to the will of the people.

Purpose of the lawo To enable the voters to know at least 60 days before the regular

election, the candidates among whom they are to make a choice

o To avoid confusion and inconvenience in the tabulation of thevotes.

o To avoid anarchy and chaosWithdrawal of COC

Time and formo Prior to electiono By submitting to the office concerned a written declaration

under oath

o The filing will not affect whatever civil, criminal or administrativeliabilities, which a candidate may have incurred.

Place of filingo there is nothing in the law which requires that the withdrawal

must be in the same office where the COC was filed.

o It can be filed directly with the main office of the COMELEC,the office of the regional election director concerned, theoffice of the provincial election supervisor of the province towhich municipality involved belongs or the office of themunicipal election officer of the said municipality.

o The requirement in the COMELEC resolution which requires that itbe filed in the place where the COC was filed was merelydirectory and intended for convenience. It is not mandatory orjurisdictional.

Effect of withdrawalo The permanent legal effects remain even if the certificate itself

be subsequently withdrawn.

o It does not render the filing void ab initio. The candidate is stillsubject to civil, criminal or administrative sanctions incurred.


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Automatic resignation

Any person holding a public appointing office or position including activemembers of the AFP and officers and employees in GOCCs shall beconsidered ipso facto resigned form the filing of his COC.

Forfeiture is automatic and permanently effective upon the filing of aCOC for another office. Only the moment and the act of filing areconsidered. Once filed, the seat is forfeited forever and nothing, save anelection or appointment can restor an ousted official.

This also includes suspended officials.

Case 1: Flores v. COMELEC

RF (Flores) was proclaimed by the board of canvassers as having received thehighest number of votes for kagawad in the barangay election and thus became thepunong barangay by operation of law. However, this was contested by R who placedsecond in the election. He contends that the votes cast for "Flores" (since therewere 2 Flores' in the said election) should not be credited to RF since he was not anincumbent punong barangay at the time the votes were cast (there is a rule that incase there are 2 candidates with the same name and one of them is incumbent, thevote shall be counted in favor of the incumbent if, on the ballot, what is written is

only the full name, first name or surname). Stated otherwise, it is contended thatRF, at the time of filing his COC for the position of kagawad, forfeited his seat aspunong barangay.

The court held that, indeed, RF was considered resigned when he filed his COCfor kagawad. It is to be noted that at the time RF filed his COC, he was sitting asthe punong barangay by virtue of the law in the previous elections where the seatof punong barangay was still voted upon. At present, the kagawad with the highestnumber of votes is deemed punong barangay by operation of l

Documents

Election Law [Recit Reviewer]