Professional Documents
Culture Documents
Case Digests on
Election Laws
Submitted by:
EH 302
Submitted to:
December 2014
1
Suffrage, defined
Nolasco vs Comelec (GR No. 122250, 1997)
One-liner: Suffrage is the means by which our people express their sovereign
judgment and its free exercise must be protected especially against the purchasing
power of the peso.
Facts: In the election for Mayor in Meycauayan, Bulacan, Blanco won over Alarilla,
while Nolasco was elected vice-mayor. Alarilla filed with Comelec a petition to
disqualify Blanco. Comelec disqualified Blanco on the ground of vote-buying (thru
bribery of teachers, ballot box switching, impersonations etc). Nolasco intervened,
saying as the vice-mayor, he should be declared as mayor when Blanco was finally
disqualified citing Sec 44 of the Local Government Code, viz:
If a permanent vacancy occurs in the office of the governor or mayor, the vice
governor or vice mayor concerned shall become the governor or mayor x x x a
permanent vacancy arises when an elective local official fills a higher vacant
office, refuses to assume office, fails to qualify, dies, is removed from office,
voluntarily resigns, or is otherwise permanently incapacitated to discharge the
functions of his office.
Issue: As between Alarilla and Nolasco, who should be proclaimed as mayor?
Held: Nolasco. To simplistically assume that the second placer would have received
the other votes would be to substitute our judgment for the mind of the voter. The
second placer is just that, a second placer. He lost the elections. He was repudiated by
either a majority or plurality of voters.
Period of registration
Akbayan-Youth vs Comelec (GR No. 147066, 2001)
One-liner: Bare allegation of disenfranchisement when Comelec pegged the
registration deadline before the prohibitive 120-day period before the regular elections
is insufficient; there should be application for registration and denial.
Facts: Petitioners asked the Comelec to conduct a 2-day additional registration period
since around 4 million youth failed to do so on the deadline set by the latter. Comelec
thru a resolution, denied the request stating Sec 8 of RA 8189 proscribing registration
starting 120 days before a regular election.
Held: Comelec did not err. The exercise of the right of suffrage is not absolute and is
subject to existing substantive (ie, qualifications) and procedural (ie, registration)
requirements embodied in our Constitution and laws. The act of registration is an
indispensable precondition to the right of suffrage. Registration cannot and should not
be denigrated to the lowly stature of a mere statutory requirement. Comelecs
standby or residual powers (ie, designation of other dates for certain pre-election
acts) cannot be invoked. These certain "pre-election acts" are still capable of being
reasonably performed vis--vis the remaining period before the date of election and
the conduct of other related pre-election activities required under the law.