POLITICAL LAW REVIEWER
principal watcher and a copy of the
ELECTION LAWS
Election
Embodiment of the popular will, the
expression of the sovereign power of the
people.
Components:
Choice or selection of candidates to
public office by popular vote
Conduct of the polls
Listing of votes
Holding of Electoral campaign
Act of casting and receiving the ballots
from the voters
Counting the ballots
Making the election returns
Proclaiming the winning candidates
Regular election refers to an election
participated in by those who possess the
right of suffrage and not disqualified by
law and who are registered voters.
Special election is when there is failure
of election on the scheduled date of
regular election in a particular place or
which is conducted to fill up certain
vacancies, as provided by law.
Political Parties
Definition (Omnibus Election Code)
An organized group of persons pursuing
the same ideology, political ideas or
platforms of government including its
branches and divisions.
Types of Political Parties
1) Registered Parties:
Dominant Majority Party usually the
administration party; entitled to a copy
of election return
Dominant Minority Party entitled to a
copy of election return
Majority Political Party
Top 3 Political Parties entitled to appoint
certificate of canvass
Bottom 3 political parties entitled to
appoint principal watcher
2) Non-registered parties
Criteria to Determine the Type of Political
Party
Established Record of the said parties,
showing in past elections
Number of Incumbent Elective Officials
Identifiable political organizations and
strengths
Ability to fill a complete slate of
candidates
Other analogous circumstances
Grounds for Challenging the Voter
Illegal voters ( Not Registered / Using the
name of another / disqualified )
Based on certain illegal acts (Vote
buying)
Acquisition of Juridical Personality
It is acquired upon registration with the
COMELEC.
Forfeiture of Status as a Registered
Political Party
The status shall be deemed forfeited if
the political party, singly or in coalition
with others, fails to obtain at least 10%
of the votes cast in the constituency in
which it nominated and supported a
candidate/s in the election next following
its registration. There shall be notice and
hearing.
Candidates
Rules on Filing of Certificates of
Candidacy
No person shall be elected into public
office unless he files his certificate of
candidacy within the prescribed period
No person shall be eligible for more than
one office. If he/she files for more than
one position, he shall not be eligible for
all unless he cancels all and retains one
The certificate of candidacy shall be filed
by the candidate personally or by his
duly authorized representative.
Upon filing, an individual becomes a
candidate, he is already covered by
rules, restrictions and processes
involving candidates.
Grounds for Disqualification
Election offenses under Sec 68 of the
Omnibus Election Code (OEC)
Not possessing qualifications and
possessing disqualifications under the
Local Government Code
2.1 Sentenced by final judgment for an
offense involving moral turpitude or for
an offense punishable by one year or
more of imprisonment within two years
after serving sentence
2.2 Removed from office as a result of
an administrative case
2.3 Convicted by final judgment for
violating the oath of allegiance to the
Republic
2.4 Dual citizenship ( more specifically,
dual allegiance)
2.5 Fugitives from justice in criminal or
non-political cases here or abroad
2.6 Permanent residents in a foreign
country or those who have acquired the
right to reside abroad and continue to
avail of the same right
2.7 Insane or feeble-minded
Nuisance candidate
Violation of sec 73 of OEC with regard to
certificate of candidacy
Violation of sec 78 which is material
misrepresentation of reqts under sec. 74.
* Disqualifications (from continuing as a
candidate or from holding the office if
already elected):
Any candidate, who in an action or
protest in which he is a party is declared
by final decision of a competent court
guilty of, or is found by the Commission
of having:
Given money or other material
consideration to influence, induce or
corrupt the voters or public officials
performing electoral functions.
Committed acts of terrorism to enhance
his candidacy
Spent in his election campaign an
amount in excess of that allowed by the
Omnibus Election Code )
Solicited, received or made any
contribution prohibited under this Code
Violated any of the following sections:
Section 80, 83, 85,86,261
Permanent resident of or an immigrant to
a foreign country shall not be qualified to
run for any elective office UNLESS he/she
has waived his/her status as a
permanent resident/immigrant of a
foreign country in accordance with the
residence requirement provided for
under election laws.
Effect of a Disqualification case (under
RA 6646)
Any candidate who has been declared by
final judgment to be disqualified shall
NOT be voted for. The votes cast in his
favor shall not be counted.
If the candidate is not disqualified by
final judgment before the election and
receives the highest number of votes in
the election, the court or COMELEC will
continue with the trial and hearing of the
action, inquiry or protest. Upon motion
of the complainant or intervenor, the
court or COMELEC may order the
suspension of the proclamation of the
candidate whenever the evidence of his
guilt is strong.
Nuisance Candidates
A. The term refers to candidates who
have no bona fide intention to run for the
office for which the certificate of
candidacy has been filed and would thus
prevent a faithful determination of the
true will of the people.

B. Power of COMELEC
May refuse to give due course to or
cancel a certificate of candidacy of a
nuisance candidate. This can be done
motu proprio or upon verified petition of
an interested party.
2.There should be a showing that:
Certificate of candidacy has been filed to
put the election process
mockery/disrepute or
To cause confusion among the voters by
the similarity of the names of the
registered candidates
Other circumstances which clearly
demonstrate that the candidate has no
bona fide intention to run for the office
Petition to deny due course to or to
cancel a Certificate of Candidacy
purpose of soliciting votes and/or
undertaking any campaign or
propaganda for or against a candidate.
C. Making speeches, announcements or
commentaries or holding interviews for
or against the election of any candidate
for public office.
D. Publishing or distributing campaign
literature or materials designed to
in support or oppose the election of any
candidate.
E. Directly or indirectly soliciting votes,
pledges or support for or against a
candidate.
3) When the acts enumerated above are
NOT considered an election
campaign/partisan political activity.

A. Exclusive ground: A material If the acts are performed for the purpose
representation in the certificate of of enhancing the chances of aspirants for
candidacy is false. nomination for candidacy to a public
office by a political party, aggroupment,
B. The petition should be filed not later or coalition of parties.
than 25 days from the filing of the
certificate of candidacy. RA 9006 FAIR ELECTION ACT

C. It should be decided not later than 15 Important Features:

days before the election, after due notice
and hearing. 1) Repeal of Sec. 67 of the OEC Now,
any ELECTIVE official, whether national
Election Campaign/Partisan Political or local, running for any office other than
Activity the one which he is holding in a
Definition permanent capacity shall not be
1) It refers to an act designed to promote considered ipso facto resigned from his
the election or defeat of a particular office upon the filing of his certificate of
candidate/s to a public office candidacy.

2) It includes: 2) Lifting of the Political Ad Ban

A. Forming organizations, associations,
clubs, committees or other groups of
persons for the purpose of soliciting
votes and/or undertaking any campaign
for or against a candidate.
B. Holding political caucuses,
conferences, meetings, rallies, parades
or other similar assemblies for the
Written and Printed Materials (8.5 W x
14L)
Letters
Posters (2 x 3) in common-private
poster areas ( not more than 10 public
places per political party or independent
candidate, 12 16), private places and
public places

Rally streamers (3 x 8) NOT MORE THAN
2 C. Work in military or naval reservations
Paid Advertisements at Discounted Rates
Print : 1/4th page in broadsheet and
page in tabloid 3x a week
Television: 120 minutes for candidate for
nationally elective office and 60 for local
Radio: 180 minutes for candidate for
nationally elective office and 90 for local
COMELEC free space (3 national
newspaper for nationally elective officials
and 1 national newspaper for local) and
airtime
(3 national television networks for
nationally elective officials and 1 station
for local ) : equal allocation for all
candidates for 3 calendar days
Authorized Expenses ( multiplied with the
total number of registered voters )
P 10 for president / vice president
P 3 for other candidates for every voter
currently registered in the constituency
P 5 for independent candidates and
political parties
Voters
Qualifications
Age: 18 years old and over.
Residence
He /she should have resided in the
Philippines for one year and
Resided in the city/municipality wherein
he proposes to vote for at least 6 months
immediately preceding the election.
Residence Requirement
If the transfer of residence is due to any
of the following reasons, the person
concerned will be deemed NOT to have
lost his original residence:
A. Transfer solely because of occupation,
profession, employment in private or
public service
B. Educational activities
D. Service in the army, navy or air force,
national police force
E. Confinement/detention in government
institutions in accordance with law.
RA 8189 VOTERS REGISTRATION ACT
OF 1996
Q: Can there still be general registration
of voters?
A: No more, because 8189 (7) provides
for such only for the May 98 elections
Q: What kind of registration system do
we have?
A: Continuing, Computerized and
Permanent
Disqualifications
A. If sentenced by final judgment to
suffer imprisonment for not less than 1
year and such disability was not removed
by plenary pardon or has not been
granted amnesty. However, any person
disqualified to vote shall automatically
reacquire the right to vote upon
expiration of 5 years after service of
sentence.
B. Any person who has been adjudged
by final judgment by competent court or
tribunal of having committed any crime
involving disloyalty to the duly
constituted government such as rebellion
or any crime against national security:
1. UNLESS restored to his full civil and
political rights in accordance with law.
2. However, he shall regain his right to
vote automatically upon expiration of 5
years after service of sentence.
C. Insane or incompetent persons as Deactivation means removing the
declared by competent authority. registration records of persons from the
precinct book of voters and place the
Jurisdiction in Inclusion/Exclusion cases same, properly marked and dated in
A. The municipal and metropolitan trial indelible ink, in the inactive file after
courts shall have original and exclusive entering the cause of deactivation.
jurisdiction over all matters of inclusion
and exclusion of voters from the list in How is reactivation of registration
their respective municipalities or cities. effected ?
Petition filed at any time except 105 days
before regular election or 75 days before Sworn application for reactivation
special election
Affidavit
B. Decisions may be appealed to the RTC
within 5 days from receipt of notice of Not later than 120 days before regular
decision. election and 90 days before special
election
C. RTC will decide the appeal within 10
days. Decision is final and executory. Annulment of Book of Voters is through
verified petition; notice and hearing; not
D. Note: Relate this to Article IX of the prepared in accordance with law or
Constitution which provides that the prepared through fraud, bribery, forgery,
COMELEC has no jurisdiction over impersonation, intimidation, force, any
questions involving the right to vote. similar irregularity or which contains data
that are statistically improbable
E. Exclusion is through sworn petition
and not later than 100 days before Cannot be done within 90 days before
regular election; 65 days before special election
election
Postponement of Election
Grounds when the List of Voters will be Causes
altered: Violence
Terrorism
Deactivation/ Reactivation Loss or destruction of election
Exclusion/ Inclusion paraphernalia/records
Cancellation of Registration in case of Force majeure
Death Other analogous causes
New voters Effect
Annulment of Book of Voters It is impossible to hold a free, orderly and
Transfer of Residence honest election in any political
How is challenge to right to register subdivision
effected?
COMELEC can postpone the election
Who any voter, candidate, political (when decided by a majority vote of the
party representative COMELEC sitting en banc, RA 7166):

How in writing, stating grnds, under A. Motu proprio

oath, proof of notice of hearing
B. Upon a verified petition by any
interested party, after due notice and
hearing
Date of new election
The date of the postponed election
should be reasonably close to the date of
the election not held, suspended, or
which resulted in a failure to elect. It
should not be later than 30 days after
the cessation of the cause for such
postponement or suspension of the
election or failure to elect.
Failure of Election
Causes
Force majeure
Violence
Terrorism
Fraud
Other analogous causes
Under RA 7166, the causes for the
declaration of the failure of election may
occur before or after the casting of votes
or on the day of the election.
Effects of above causes
A. Election in any polling place was not
held on the date fixed;
B. Election was suspended before the
hour fixed by law for the closing of the
voting
C. Elections results in a failure to elect
(after the voting and during the
preparation and transmission of the
election returns or in the custody or
canvass thereof)
AND the failure or suspension of the
election would affect the result of the
election
Remedy
COMELEC can call for the holding or
continuation of the election not held,
suspended, or which resulted in a failure
to elect. The election should be held not
later than 30 days after the cessation of
the cause of the postponement or
suspension of the election or failure to
elect. This is decided by the COMELEC,
by a majority vote of its members, sitting
en banc.
RA 7941 Party-List System Act
Seeks to promote proportional
representation
Any party already registered need not
register anew. File manifestation not later
than 90 days before election.
Grounds for refusing or canceling
registration of Party-Lists groups
Religious sect or denomination,
organization
Advocates violence
Foreign party or organization
Receives foreign support
Violates election law
Untruthful statements in its petition
Ceased to exist for at least one year
Failed to participate in the last two
preceding elections or fails to obtain at
least 2% of the votes cast under the
party-list system in the 2 preceding
elections for the constituency in which it
has registered
Nomination of party-list reps should not
include any candidate for any elective
office or a person who has lost his bid for
an elective office in the immediately
preceding election
Incumbent sectoral representatives in
the House of Representatives who are
nominated in the party-list system shall
not be considered resigned
Party List Reps constitute 20% of the
total number of the members of the
House of Reps including those under the
party-list
How do we determine the number of
party list seats in the House of Reps?
(# of District Reps / 0.80) x 0.20 = # of
party list reps
There are presently 208 legislative
districts, according to the Veterans
Federation Case
The 5 major political parties are now
entitled to participate in the party list
system
Parties receiving at least 2% of the total
votes cast for the party-list system shall
be entitled to one seat each
No party shall be entitled to more than 3
seats
Currently, there are 260 seats. So 20 %
of 260 is 52 seats. But this is only a
ceiling.
A list with 5 names should be submitted
to COMELEC as to who will represent the
party in the Congress. Ranking in the list
submitted determines who shall
represent party or organization.
Rules for Appreciation of Ballots
Liberal Construction in favor of the
validity of the ballot
Look at the ticket slate, consider locality
or literacy rate
Rule 211 of the OEC
Incumbency / Surname
Cannot ascertain STRAY VOTE
Pre-Proclamation Controversies
Definition
A pre-proclamation controversy refers to
any question pertaining to or affecting
the proceedings of the board of
canvassers which may be raised by any
candidate or by any registered political
party or coalition of political parties
before the board or directly with the
COMELEC.
It would also refer to any matter raised
under Sections 233, 234, 235, and 236 of
the Omnibus Election Code in relation to
the preparation, transmission, receipt,
custody, and appreciation of the election
returns. (Board of canvassers have
original jurisdiction while COMELEC have
appellate jurisdiction)
When election returns are delayed, lost
or destroyed (Sec.233)
Material defects in the election returns
(Sec. 234)
When election returns appear to be
tampered with or falsified. (Sec. 235)
Discrepancies in election returns (Sec.
236)
C. Those that can be filed with COMELEC
directly are the ff:
Issue involves the illegal composition or
proceedings of the board of canvassers,
as when a majority or all of the members
do not hold legal appointments or are in
fact usurpers
Issue involves the correction of manifest
errors in the tabulation or tallying
of the results during the canvassing
Recount
There can be a recount under the
grounds of 234-236. The returns involved
will affect the results and the integrity of
the ballot box has been preserved
Issues that may be raised in a pre-
proclamation controversy
Illegal composition or proceedings of the
board of canvassers
The canvassed election returns are
incomplete, contain material defects,
appear to be tampered with or
falsified, or contain discrepancies in the
same returns or in authentic
copies thereof.
The election returns were prepared under
duress, threats, coercion, or intimidation,
or they are obviously manufactured, or
not authentic.
When substitute or fraudulent returns in
controverted polling places were
canvassed, the results of which
materially affected the standing of the
aggrieved candidate/s.
Procedure
A. Contested composition or proceedings
of the board (under RA 7166)
It may be initiated in the board or
directly with COMELEC.
B. Contested election returns (under RA
7166)
Matters relating to the preparation,
transmission, receipt, custody and
appreciation of the election returns, and
certificate of canvass, should be brought
in the first instance before the board of
canvassers only.
Summary nature of pre-proclamation
controversy
Pre-proclamation controversies shall be
heard summarily by the COMELEC.
Its decision shall be executory after the
lapse of 5 days from receipt by the losing
party of the decision, unless restrained
by the SC.
Effect of filing petition to annul or
suspend proclamation
It suspends the running of the period
within which to file an election protest or
quo warranto proceedings.
When not allowed
Pre-proclamation cases on matters
relating to the preparation, transmission,
receipt, custody and appreciation of the
election returns or the certificates of
canvass NOT allowed in elections for:
(under RA 7166)
President
Vice-President
Senator
Member of the House of Representatives
BUT: The appropriate canvassing body
motu propio or upon written complaint of
an interested person can correct
manifest errors in the certificate of
canvass or election returns before it.
BUT: Questions affecting the
composition or proceedings of the board
of canvassers may be initiated in the
board or directly with COMELEC.
When pre-proclamation cases are
deemed TERMINATED (RA 7166)
All pre-proclamation cases pending
before the COMELEC shall be deemed
terminated at the beginning of the term
of the office involved and the rulings of
the boards of canvassers concerned
deemed affirmed.
B. This is without prejudice to the filing
of a regular election protest by the
aggrieved party.
C. HOWEVER: Proceedings MAY
CONTINUE if:
The COMELEC determines that the
petition is meritorious and issues an
order for the proceedings to continue or
The Supreme Court issues an order for
the proceedings to continue in a petition
for certiorari.
Election Contest
Original Jurisdiction
COMELEC has ORIGINAL jurisdiction over
contests relating to the elections,
returns, qualifications of all elective:
Regional
Provincial
City officials
Appellate Jurisdiction
COMELEC has APPELLATE jurisdiction
over all contests involving:
A. Elective MUNICIPAL officials decided
by trial courts of GENERAL jurisdiction
B. Elective BARANGAY officials decided
by trial courts of LIMITED jurisdiction
Who can file a petition contesting the
election
Any candidate who has duly filed a
certificate of candidacy and has been
voted for the same office
Purpose of an election contest
The defeated candidate seeks to outs the
proclaimed winner and claims the seat.
Final COMELEC Decisions
Provision that decisions, final orders,
rulings of the Commission on election
contests involving municipal and
barangay offices are final, executory and
not appealable:
A. This only applies to questions of FACT.
( Flores v. COMELEC, 184 SCRA 484)
B. It does NOT preclude a special civil
action of certiorari. (Galido v. COMELEC,
Jan. 18,1991)
Distinctions between Pre-Proclamation
Controversy and Election Contest
1) Dividing line: Proclamation of a
candidate
2) Jurisdiction
A. Pre-proclamation controversy
1.The jurisdiction of COMELEC
administrative/quasi-judicial
2.It is governed by the requirements of
administrative due process
B. Election contest
1.The jurisdiction of COMELEC is judicial
2.It is governed by the requirements of
judicial process
3) In some cases, even if the case
(involving municipal officials) began with
the COMELEC before proclamation but a
proclamation is made before the
controversy is resolved, it ceases to be a
pre-proclamation controversy and
becomes an election contest cognizable
by the RTC.
4) However, in some cases, the SC
has recognized the jurisdiction of
COMELEC over municipal cases even
after proclamation. Relate to the
provision in RA 7166 allowing pre-
proclamation controversy proceedings to
continue even after a proclamation has
been made.
Election Offenses ( Selected Offenses)
Vote buying and vote-selling
A. Covered acts
1.Give, offer or promise money or
anything of value
2. Making or offer to make any
expenditure, directly or indirectly, or
cause an expenditure to be made to any
person, association, corporation, entity
or community
3.Soliciting or receiving, directly or
indirectly, any expenditure or promise of
any office or employment, public or
private
is
B. Purpose of acts
1. To induce anyone or the public in
general to vote for or against any
candidate or withhold his vote in the
election or
2. To vote for or against any aspirant for
the nomination or choice of a candidate
in a convention or similar selection
C. Under RA 6646 (Prosecution of vote-
buying/selling)
1. Presentation of a complaint supported
by affidavits of complaining witnesses
attesting to the offer or promise by or the
voters acceptance of money or other
consideration from the relatives, leaders
or sympathizers of a candidate is
sufficient basis for an investigation by
the COMELEC,directly or through its duly
authorized legal officers.
2. Disputable presumption of conspiracy:
Proof that at least one voter in different
precincts representing at least 20% of
the total precincts in any municipality,
city or province has been offered,
promised or given money, valuable
consideration or other expenditure by a
candidate relatives, leaders and/or
sympathizsrs for the purpose of
promoting the election of such
candidate.
3. Disputable presumption of
involvement
Proof affects at least 20% of the
precincts of the municipality, city or
province to which the public office
aspired for by the favored candidate
relates. This will constitute a disputable
presumption of the involvement of such
candidate and of his principal campaign
managers in each of the municipalities
concerned in the conspiracy
B. Prohibited acts
1.Appointing or hiring a new employee
(provisional, temporary or casual)
2.Creating or filling any new position
3.Promoting/giving an increase in salary,
remuneration or privilege to any
government official or employee.
C. Period when acts are prohibited

Coercion of a subordinate 1. 45 days before a regular election

A. Who can be held liable
2. 30 days before a special election
1. public officer
D. Exceptions
2. officer of a public/private
corporation/association Upon prior authority of COMELEC if it is
satisfied that the position to be filled is
3. heads/superior/administrator of any essential to the proper functioning of the
religious org. office/agency concerned AND that the
position is not filled in a manner that
4. employer/landowner may influence the election
In case of urgent need, a new employee
B. Prohibited acts may be appointed. Notice of
appointment should be given to
Coercing, intimidating or compelling or COMELEC within 3 days from
influencing, in any manner, any appointment.
subordinates, members, parishioners or Prohibition against release, disbursement
employees or house helpers, tenants, or expenditure of public funds
overseers, farm helpers, tillers or lease A. Who can be held liable: Any public
holders to aid, campaign or vote for or official or employee including barangay
against a candidate or aspirant for the officials and those of GOCCs/subsidiaries
nomination or selection of candidates.
Dismissing or threatening to dismiss, B. Prohibited acts:
punishing or threatening to punish by
reducing salary, wage or compensation The release, disbursement or
or by demotion, transfer, suspension etc. expenditure of public funds for any and
other kinds of public works

Appointment of new employees, creation C. Period when acts are prohibited:

of new position, promotion or giving
salary increases: 1. 45 days before a regular election

A. Who can be held liable: Any 2. 30 days before a special election

head/official/appointing officer of a
government office, agency or D. Exception
instrumentality, whether national or
local, including GOCCs. maintenance of existing/completed
public works project.
work undertaken by contract through
public bidding, or by negotiated contract
awarded before the 45 day period before
election
payment for the usual cooperation for
working drawings, specfications and
other procedures preparatory to actual
construction including the purchase of
material and equipment and incidental
expenses for wages.
Emergency work necessitated by the
occurrence of a public calamity but such
work shall be limited to the restoration of
the damaged facility.
Ongoing public work projects
commenced before the campaign period
or similar projects under foreign
agreements.
Suspension of elective, provincial, city,
municipal or barangay officer
A. General rule: public official CANNOT
suspend any of the officers enumerated
above during the election period.
B. Exceptions
With prior approval of COMELEC
Suspension is for the purpose of applying
the Anti-Graft and Corrupt Practices Act
In relation to registration of voters/voting
Unjustifiable refusal to register and vote
Voting more than once in the same
election/voting when not a registered
voter
Voting in substitution for another with or
without the latters knowledge and/or
consent etc.
Other election offenses under RA 6646
Causing the printing of official ballots and
election returns by printing
establishments not on contract with
COMELEC and printing establishments
which undertakes unauthorized printing
Tampering, increasing or decreasing the
votes received by a candidate or refusing
after proper verification and hearing to
credit the correct votes or deduct the
tampered votes (committed by a
member of the board of election
inspectors)
Refusing to issue the certificate of voters
to the duly accredited watchers
(committed by a member of the BEI)
Person who violated provisions against
prohibited forms of election propaganda
Failure to give notice of meetings to
other members of the board, candidate
or political party (committed by the
Chairman of the board of canvassers)
A person who has been declared a
nuisance candidate or is otherwise
disqualified who continues to
misrepresent himself as a candidate (Ex.
by continuing to campaign) and any
public officer or private individual who
knowingly induces or abets such
misrepresentation by commission or
omission.
If the chairman of the BEI fails to affix his
signature at the back of the official
ballot, in the presence of the voter,
before delivering the ballot to the voter.
(under RA 7166)
Prescription of Election Offenses
Election offenses shall prescribe after 5
years from the date of their commission
If the discovery of the offense is made in
an election contest proceeding, the
period of prescription shall commence on
the date on which the judgment in such
proceedings becomes final and executory
Jurisdiction of courts
RTC has exclusive original jurisdiction to
try and decide any criminal action or
proceedings for violation of the Code.
MTC/MCTC have jurisdiction over offenses
relating to failure to register or vote.