ELECTION LAWS Suffrage and Voter Registration

Concept of Suffrage –

1. What? Suffrage is a Right (not an

FEATURES OF PHILIPPINE ELECTIONS
obligation)
• General – nationwide; electorate - Right to register or not
defined - Right to vote or not
• Free – voluntary; non-obligatory - No longer an obligation
• Direct – no electoral colleges - Prior to the 1987 Constitution, not
• Equal – no privileged voting voting was an election offense.
• Secret – non-disclosure; safety features 2. Who? Qualifications defined in
• Choices – persons in elections or policies Constitution; Disqualifications defined in
in plebiscites Statute
• Automated – use of appropriate 3. How? Procedural Requirements allowed
technology to be imposed by Congress, Substantive
• All levels – national and local elective not allowed
positions 4. When? Qualifications must be
• Synchronized conduct – national and possessed on election day
local elections simultaneously held 5. Right to Register? Applicants have the
right to register prior to election day
• Regular – periodic; term-based
even if they do not (yet) possess all the
• Plurality Formula – not majority; no run-
qualifications provided they are
off; with proportional representation
qualified on election day
• Regulated by Law – 1987 Constitution
and statutes; campaign; candidates; We VOTE for/ in 3Ps
procedures; offenses
1. Persons – natural and juridical, regular
• Supervised by Comelec -
and special elections – vacancy in
constitutionality-created; exclusive
Congress, Recall, Postponement and
jurisdiction; independent; collegial;
Failure of Elections.
enjoys fiscal autonomy; performs
2. Policies – initiative and referendum
administrative, judicial, and rule-making
3. Plebiscites – LGU creation, dissolution,
powers
upgrade/ downgrade, conversion.
• CHOPFE – Credible, Honest, Orderly,
Peaceful and Free Elections VOTERS’ 3Rs – Roles, Rights & Responsibilities
• Inexpensive – prescribed caps on
Qualifications of Voters –
expenditures
• Participated in by Political Parties - type 1. Filipino Citizen;
classification and benefits 2. At least 18 years of age on election day;
• Public Disclosures - contributions and 3. Resident in Philippines for at least 1 year
expenditures prior to election day (domicile;
permanent residency);
4. Resided in place wherein propose to
vote for at least six (6) months prior to
election day (permanent or temporary);

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 5. Free from Disqualifications; and Permanent List – permanent but subject to
6. In order to vote, must be a registered changes (+ or -):
voter.
1. New Voters (+);
Disqualification of Voters – 2. Change of Address (+ in new address; - in
old address);
1. Sentenced by final judgment of
3. Activation (+) and Deactivation (-);
imprisonment of one (1) year or more;
4. Cancellation [death] (-);
2. Sentenced to suffer accessory penalty
5. Inclusion (+) and Exclusion by Courts (-);
(deprivation of political rights);
and
3. Adjudged by final judgment of a crime
6. Annulment of BV by Comelec (-).
involving disloyalty; and
4. Court-declared insane and incompetent Deactivation (Grounds) –
persons.
1. Disqualified to Vote;
4-Step Registration Procedure – 2. Failed to Vote in 2 preceding elections;
3. Registration Excluded by the Court; and
1. Accomplish a sworn application for
4. Lose Filipino Citizenship.
registration;
2. File the application before the Election Annulment of BV (Grounds) –
Officer (EO) of city or municipality of
1. Book prepared improperly, preparation
residence;
attended with vice or fraud; and
3. Election Registration Board (ERB) will
2. Book contains statistically impossible
process registration quarterly; and
data (not qualification of voters).
4. ERB decides to include name in List of
Voters. Inclusion and Exclusion (grounds) –
Continuing System – application is conducted 1. Disapproval of application or name
daily by EO, except within 120 days before stricken out (inclusion); and
regular elections and 90 days before special 2. Not qualified or voter fictitious
elections. (exclusion).
When Deemed Registered – registered once Jurisdiction – Municipal/ Metropolitan Trial
application is included in Book of Voters (BV) Court (not Comelec), then Regional Trial Court
(operative act). (not Comelec), then Supreme Court (question of
law)
VIN/VIC – each registered voter is issued a
Voter’s Identification Number and Voter’s
Identification Card.

Biometrics – in order to vote, voters must have

their biometrics taken (“No Bio No Boto”)

200/Precinct – one (1) precinct = 200 voters,

except if clustered.

Computerized List – all levels.

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PUBLIC ELECTIVE OFFICERS (LIST, QUALIFICATIONS & TERMS)

ELECTIVE QUALIFICATIONS TERM

Positions Citizenship Age Voter Residency Literacy Duration Number
President/ VP Natural 40 Registered 10 years Read 6 P–1
Born in Phi. and VP – 2
write
Senator NB 35 R 2 years in R&W 6 2
PH
District NB 25 R in 1 year in R&W 3 3
Representative District District
Party-list Rep NB 25[if R 1 year in R&W 3 3
youth: PH
25-30]
BARMM Citizen 25 R in 1 year in R&W 3 3
Parliament BARMM District
Local Officials Citizen P/HUC: R in LGU 1 year in R&W 3 3
23 LGU (Filipino
Other or Local
M/M: Dialect)
21
Others:
18

ELECTION OFFENSES

Presentation Flow –

I. Who is a Candidate?
II. 5 Classification of Election Offenses
III. 10 Possible Defenses

Who is a Candidate?

Automated Election Omnibus Election Code Comelec Resolution Comelec Resolution

Law R.A No. 9369 B.P. Blg. 88a No. 9991 (October 2, No. 10049 (February 1,
(January 23, 2007) (December 3, 1985) 2015) 2016)
1. Filed Certificate 1. Aspiring for 1. Aspiring for 1. Seeking
of Candidacy elective office. elective office. elective office.
(“CoC”). 2. Filed CoC. 2. Filed CoC. 2. Filed CoC.
2. Start of 3. Not withdrawn 3. Not died,
campaign CoC before withdrawn
period. start of CoC.
campaign 4. Not disqualified
period. CoC, cancelled
or denied due
course before
start of

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 campaign
period.

Timeline

1. Before filing of CoC:

- Not a candidate.
- No unlawful acts and omissions.
2. After filing of CoC but before Campaign Period:
- Not a candidate (“quasi-candidate” per Comelec).
- No unlawful acts and omissions.
3. During Campaign Period:
- Candidate.
- Unlawful acts and omissions become operative.

Classification Of Election Offenses

I. Applicable Statutes
II. Procedure
III. Persons Liable
IV. Election Episodes

I. Applicable Statutes
- Omnibus Election Code:
a. Enumerates Election Offenses and Persons Liable
b. Sets forth the jurisdiction and procedures
- Automated Election Law:
a. Prescribes Election Offenses and incidental to AES
b. Defines Electoral Sabotage (Special EO)
- Synchronized Elections Law:
a. Sets Election and Campaign Periods
b. Imposes requirement for filing of SOCE
- Fair Election Act:
a. Provides for violation of FEA and Rules
b. Lists down allowable and prohibited campaign

Aes – Related Election Offenses

1. Tampering or destroying Ballots, VCM and CCS.

2. Interfering with VCM, transmission and CCS.
3. Altering EMS and AES.
4. Citizens Arm refusing to present ER to BoC.
5. Presenting tampered ER by Citizen Arm
6. Failing to give ERs/CoCs to Dominant Parties

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 7. Failing to post CVL
8. Electoral Sabotage:
a. Any person/ BEI/ BoC
b. Tampering/ increasing/ decreasing votes
c. Nationally elective office voted nationwide – materially affects election results
d. Any elective office – single election document – 5,000 votes and affect results
e. Any tampering – exceed 10,000 votes

Procedures

AREAS JUDICIAL PENAL

Aspects Electoral Penal/ Criminal
Grounds Section 68 of OEC (exclusive) Any election offense
Effect Disqualification of Candidate Conviction, Imprisonment and
Deprivation of Political Rights
Where File Comelec Division (then Comelec Comelec Law Department or
en banc) Office of Prosecutor for
probable cause determination
Regional Trial Court for Trial
When File Before proclamation Within five (5) years from
commission
Procedure Summary (Trial in certain cases) Preliminary Investigation then
Full-blown trial

Disqualification Of Candidate 9. Premature campaigning

10. Removing lawful election propaganda
1. Vote-buying 11. Using prohibited forms of election
2. Engaging in Terrorism propaganda
3. Spending beyond limits 12. Using mass media unlawfully
4. Unlawful giving of free transportation, 13. Coercing subordinates
food and drinks during rallies 14. Using threats, intimidation or fraud
5. Receiving unlawful contributions 15. Unlawful electioneering on election day
6. Receiving from foreign sources 16. Releasing public funds
7. Raising funds through special events 17. Failing to file SOCE in two (2) elections
8. Making prohibited donations

EOs OF NON-CANDIDATES & VOTERS 6. Appointing new government employees

7. Transferring Civil Service Employees
1. Selling one’s vote
8. Non-political public officers intervening
2. Waging upon election outcome
9. Undue influence
3. Coercing subordinates
10. Unlawful electioneering on Election Day
4. Threatening or terrorizing
11. Dismissing employees
5. Coercing election officials
12. Appointing Special Agents

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 13. Releasing Prisoners ELECTION EPISODES
14. Constructing public works
15. Disbursing public funds Election Period 01.10 Campaign Period 02.09 Eve of and
– 06.08 – 05.09 Election Day
16. Bearing deadly weapons 05.08 and
17. Voting more than once 05.09
18. Voting in substitution of others • Altering 1. Giving 05.08&09 –
19. Using armored vehicles precincts prohibited 1.
20. Wearing of uniforms • Transferring donations Campaigning
civil service 2. Appointing 2. Selling
21. Using police officers as bodyguards
employees special agents Liquor
22. Maintaining strike forces
• Bearing 3. Campaigning 3. Giving
23. Suspending local elective officials deadly (03.24&25) Anything of
weapons Value
MATERIALITY OF INTENT
• Using
INTENT MATERIAL security
personnel
• Vote-buying • Maintaining 03.25 – 05.08 05.09 –
strike forces * Hiring new employees 1. Voting
• Spending beyond limits
• Suspending * Constructing public more than 1x
• Making unlawful contributions local elective works 2. Voting in
• Coercing subordinates officials * Using public funds for substitution
• Receiving from foreign sources • Releasing public works for others
• Using threats, intimidation or fraud prisoners 3. Opening of
(03.10) retail stalls
• Unlawful electioneering on Election within 30
Day meters of
polls
INTENT NOT MATERIAL 4. Holding of
Fairs,
• Appointing new government
Cockfights,
employees etc.
• Transferring civil service employees
• Releasing public funds
• Selling liquor
• Bearing deadly weapons
• Suspending local elective officials

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ELECTION EPISODES Discrimin Obstructi Disrupti Refusing
ating in ng voter ng to sign
Candidac Voting Voting Canvassi airtime proceed CoC
y- (BEI) ng (BoC) ings
Campaign (any
Cancelling Voting BEI Failing to person)
or more making give Obstructi Disruptin
destroyin than 1x possible notice of ng g
g CoC casting canvassin process proceedi
of more g ngs (any
than person)
register Destroyin
ed g election
voters parapher
Submittin Substituti BEI Proceedi nalia
g spurious ng for opening ng with Violating
CoC voter ballot canvasss integrity
box when of ballots
without suspends Defacing
Comelec by CVL
authorit Comelec
Selling
y
liquor
Accepting Unlawfull BEIContinui
CoC y using unlawfu
ng with
beyond assistors llycanvassin POSSIBLE DEFENSES
the transfer
g in
deadline ring
absence 1. Candidate not aware
polling
of 2. Candidate did not authorize act
place
quorum 3. Candidate made clear instructions to all
Interferin Using Absenti
Not using to follow law and Comelec Resolutions
g in media schemes ng electroni 4. If intent material, not campaign-related
campaign to know him/her
c 5. Complex or unsettled legal issue
vote of self
transmiss 6. Comelec Resolution is unconstitutional/
others ion/ SD illegal
card for 7. Hierarchy of rights (freedom of
canvassin
expression/ assembly etc.)
g
8. Good faith
Campaign Using Refusing Absentin
9. Supported by legal opinion
ing on another to sign g
election ballot ER him/hers 10. “Unclean hands” of Complaint.
day elf
within
polling
place

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Cases Against Candidates

Aspects Comelec Offense Deliberate Material Nuisance Candidate

Misrepresentation
Pleading Petition to Disqualify Petition to Deny Due Petition to Declare a Candidate a Nuisance
Caption a Candidate Course or Cancel a Candidate
Certificate of Candidacy
(CoC)
Allegations/ A. Candidate 1. Misrepresentation CoC filed to:
Particulars/ who engages 2. Material (i.e., must • Put the election process in
Grounds in: be related to mockery or dispute
1. Vote-buying qualifications, • cause confusion among the voters
2. Terrorism commission of a by the similarity of the names of
3. Unlawful crime of moral the registered candidates
expenditures turpitude, and No bona fide intention to run for the office
4. Unlawful violation of term as clearly demonstrated in other acts or
Campaign rule; not material if circumstances (e.g., lack of capability,
5. Coercion of name, profession, track record, health, exposure, age, funds,
subordinates affiliation) education and affiliation)
6. Threats, 3. Deliberate intent
intimidation to defraud voters
and coercion 4. Candidate not
7. Unlawful actually qualified
release of
public funds
B. Permanent
Residency
elsewhere
Where file COMELEC Division then COMELEC en banc the Supreme Court
Who files Any Registered Voter Any Registered Voter • Any registered candidate for the
or Any Registered or Any Registered same position
Political Party Political Party • If ground is similarity in names, by the
Real Party-in-Interest (i.e., candidate
with similar name with nuisance
candidate)
When file Not later than the date • Within 5 days • Within 5 days from the last day of
of proclamation from last day filing of CoC (10.08-10.13)
for CoC filing.
(10.08-10.13);
but
• Not later than
25 days from
time of filing
of subject CoC
(10.01-08 to
10.26-11.02)
Substitution Allowed Not allowed Not allowed

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 If Succession If CoC cancelled/ lack 2nd placer becomes the 1st placer or
proclaimed (P/VP/LGUs) or Special qualifications, 2nd proclaimed nuisance stays in office
st
Respondent Elections (Congress) place is 1 placer
unseated
while in
office

Commission on Elections (COMELEC)

Is a/an:

• Administrative Agency
• Public Office
• Constitutionally created
• Independent

Is not a/an:

• National Government Agency

• Government Owned and Controlled Corporation (GOCC)
• Under Executive Control
• Exempt from Judicial Review

Subjects Discussion
Sources of Powers Constitutional and Statutory
Basic Powers 1. Investigate (power to investigate implied
from power to enforce election laws)
2. Quasi-Legislative
3. Quasi-Judicial
4. Administrative
Scheduling Elections Other than 2nd Monday of May:
1. When the law specifically sets date
2. When the law delegates the setting of the
date of the elections to the COMELEC

Due to Postponement and Failure of Elections:

Fixing length and start date of election period
outside the 120-day default period does not
amount to undue delegation
BoCs/EBs/ Election Officers Control and supervision | Election officers are
COMELEC’s agents | reshuffle every 4 years
Fiscal Autonomy • Automatic release of budget
• Can augment items in its appropriation
from its saving
Coercive Powers 1. Subpoena ad testificandum and duces
tecum
2. Contempt

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 - Judicial proceedings
- Not in administrative proceedings (except
for indirect contempt for non-
appearance)
Enforcement Decisions/ Resolutions | Can ask assistance form
enforcement agencies
Prosecutorial Election Offenses

Public Offices

Cases P/ VP Senator Dist. Reps PL Reps Provincial City Municipal

CoC/ DQ COMELEC DIVISION
Proclaim Congress Com Eb BoCs Com Eb P BoCs C BoCs M BoCs
Annul Congress Com Eb Com Div Com Eb
COMELEC DIVISION
Proc
Elec
Protest PET SET HRET COMELEC DIVISION RTC
Quo Warr
Postpone
COMELEC EN BANC
Failure

Jurisdiction of COMELEC En Banc and Divisions

Divisions

• Disqualification
• Election Protest
• Quo Warranto
• Pre-Proclamation
• Annulment of Proclamation
• Intra- and Inter-party
• Cancellation of CoC
• Leadership
• Registration of Political Parties

En Banc (Administrative)

• Canvassing
• Failure of Elections
• Postponement of Elections
• Election Offense (filing of information)
• Annulment of Book of Voters
• Cancellation of CoC based on Final judgment of conviction with ancillary penalty of DQ
• Allocation of party-list seats
• Accreditation of Major Parties

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