ELECTION LAW ELECTION- IS EMBODIMENT OF THE POPULAR WILL; THE EXPRESSION OF THE SOVEREIGN POWER OF THE PEOPLE.

COMPONENTS: 1. CHOICE OR SELECTION OF CANDIDATE TO PUBLIC OFFICE BY POPULAR VOTE. 2. CONDUCT OF THE POLLS. 3. LISTING OF VOTES 4. HOLDING OF ELECTORAL CAMPAIGN. . ACT OF CASTING AND RECEIVING THE BALLOTS FROM THE VOTERS. !. COUNTING THE BALLOTS. ". MA#ING THE ELECTION RETURNS. $. PROCLAIMING THE WINNING CANDIDATES. REGULAR ELECTION - IS AN ELECTION PARTICIPATED IN BY THOSE WHO POSSESS THE RIGHT OF SUFFRAGE AND NOT DIS%UALIFIED BY LAW AND WHO ARE REGISTERED VOTERS. SPECIAL ELECTION- IS ONE WHICH IS HELD 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. EXAMPLE: TO FILL IN VACANCY IN OFFICE BEFORE THE EXPIRATION OF THE TERM FOR WHICH INCUMBENT WAS ELECTED. ELECTION PERIOD- SHALL COMMENCE '( DAYS BEFORE THE DAY OF THE ELECTION AND SHALL END 3( DAYS THEREAFTER. CAUSES OF POSTPONEMENT OF ELECTION: 1. VIOLENCE 2. TERRORISM 3. LOSS OR DESTRUCTION OF ELECTION PARAPHERNALIA)RECORDS

4. FORCE MA*EURE . OTHER ANALOGOUS CAUSES SUCH THAT IT IS IMPOSSIBLE TO HOLD A FREE& ORDERLY AND HONEST ELECTION IN ANY POLITICAL SUBDIVISION. COMELEC CAN POSTPONE THE ELECTION WHEN DECIDED BY A MA*ORITY VOTE OF THE COMELEC SITTING EN BANC& MOTU PROPRIO OR 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 ELECTION NOT HELD& SUSPENDED OR WHICH RESULTED IN A FAILURE TO ELECT. IT SHOULD NOT BE LATER THAN 3( DAYS AFTER THE CESSATION OF THE CAUSE FOR SUCH POSTPONEMENT OR SUSPENSION OF THE ELECTION OR FAILURE TO ELECT. PRE-CONDITIONS FOR DECLARING A FAILURE OF ELECTION: THAT NO VOTING HAS BEEN HELD IN ANY PRECINCT BECAUSE OF THE FF GROUNDS: 1. FORCE MA*EURE 2. VIOLENCE 3. TERRORISM 4. FRAUD . OTHER ANALOGOUS CAUSES UNDER RA "1!!& 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. AND& THAT THE VOTES NOT CAST THEREIN ARE SUFFICIENT TO AFFECT THE RESULTS OF THE ELECTIONS. EFFECTS OF THE ABOVE GROUND: 1. ELECTION IN ANY POLLING PLACE WAS NOT HELD ON THE DATE FIXED; 2. ELECTION WAS SUSPENDED BEFORE THE HOUR FIXED BY LAW FOR THE CLOSING OF THE VOTING; 3. ELECTION RESULTS IN A FAILURE TO ELECT AFTER THE VOTING AND DURING THE PREPARATION AND TRANSMISSION OF THE ELECTIONN RETURNS OR IN THE CUSTODY OR CANVASS THEREOF.

REMEDY: COMELEC CAN& ON THE CASIS OF A VERIFIED PETITION BY ANY INTERESTED PARTY& AND AFTER DUE NOTICE AND HEARING& CALL FOR THE HOLDING OR CONTINUATION OF THE ELECTION NOT HELD& SUSPENDED& OR WHICH RESULTED IN A FAILURE TO ELECT. THIS IS DECIDED BY THE COMELEC BY A MA*ORITY VOTE OF ITS MEMBERS& SITTING EN BANC. RE%UISITES OF HOLDING OF SPECIAL ELECTION: 1. THERE MUST BE FAILURE OF ELECTION; 2. SUCH FAILURE WOULD AFFECT THE RESULTS OF THE ELECTION. NOTE: IN FIXING THE DATE OF THE SPECIAL ELECTION& THE COMELEC SHOULD SEE TO IT THAT : 1. IT SHOULD NOT BE LATER THAN 3( DAYS AFTER THE CESSATION OF THE CAUSE OF THE POSTPONEMENT OR SUSPENSION OF THE ELECTION OR FAILURE TO ELECT& AND 2. IT SHOULD BE REASONABLY CLOSE THE THE DATE OF THE ELECTION NOT HELD& SUSPENDED OR WHICH RESULTED IN FAILURE TO ELECT. POLITICAL PARTY- IS AN ORGANI+ED GROUP OF PERSONS PURSUING THE SAME IDEOLOGY& POLITICAL IDEAS OR PLATFORMS OF GOVT INCLUDING ITS BRANCHES AND DIVISIONS. TYPES OF POLITICAL PARTIES: 1. REGISTERED PARTIES: A. DOMINANT MA*ORITY PARTY- USUALLY THE ADMINISTRATION PARTY; ENTITLED TO A COPY OF ELECTION RETURN. B. DOMINANT MINORITY PARTY- ENTITLED TO A COPY OF ELECTION RETURN. C. MA*ORITY POLITICAL PARTY. D. TOP 3 POLITICAL PARTIES- ENTITLED TO APPOINT PRINCIPAL WATCHER AND A COPY OF THE CERTIFICATE OF CANVASS. E. BOTTOM 3 POLITICAL PARTIES- ENTITLED TO APPOINT PRINCIPAL WATCHER. 2. NON-REGISTERED PARTIES.

CRITERIA TO DETERMINE THE TYPE OF POLITICAL PARTY: 1. ESTABLISHED RECORD OF THE SAID PARTIES& SHOWING IN PAST ELECTIONS; 2. NUMBER OF INCUMBENT ELECTIVE OFFICIALS; 3. IDENTIFIABLE POLITICAL ORGANI+ATIONS AND STRENGTHS; 4. ABILITY TO FILL A COMPLETE SLATE OF CANDIDATES. AC%UISITION OF *URIDICAL PERSONALITY: IT IS AC%UIRED UPON REGISTRATION WITH THE COMELEC. NOTE: NO RELIGIOUS SECT SHALL BE REGISTERED AS A POLITICAL PARTY. NO POLITICAL PARTY& WHICH SEE#S TO ACHIEVE ITS GOAL THRU VIOLENCE& SHALL BE ENTITLED TO ACCREDITATION. 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 1(, OF THE VOTES CAST IN THE CONSTITUENCY IN WHICH IT NOMINATED AND SUPPORTED A CANDIDATE IN THE ELECTION NEXT FOLLOWING ITS REGISTRATION. THERE SHALL BE NOTICE AND HEARING. RA "'41- PARTY-LIST SYSTEM ACT IT SEE#S TO PROMOTE PROPORTIONAL REPRESENTATION. ANY PARTY ALREADY REGISTERED NEED NOT REGISTER ANEW. FILE MANIFESTATION NOT LATER THAN '( DAYS BEFORE ELECTION. GROUNDS FOR REFUSING OR CANCELING REGISTRATION OF PARTY-LISTS GROUP: 1. RELIGIOUS SECT OR DENOMINATION& ORGANI+ATION. 2. ADVOCATES VIOLENCE; 3. FOREIGN PARTY OR ORGANI+ATION; 4. RECEIVES FOREIGN SUPPORT; . VIOLATES ELECTION LAW; !. UNTRUTHFUL STATEMENTS IN ITS PETITION; ". CEASED TO EXIST FOR AT LEAST 1 YR; $. 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 REPS IN THE HOR WHO ARE NOMINATED IN THE PARTY-LIST SYSTEM SHALL NOT BE CONSIDERED RESIGNED. PARTY-LIST REPS CONSTITUTE 2(, OF THE TOTAL NUMBER OF THE MEMBERS OF THE HOR INCLUDING THOSE UNDER THE PARTY-LIST. HOW DO WE DETERMINE THE NUMBER OF PARTY LIST SEATS IN THE HORANS: NUMBER OF DISTRICT REPS DIVIDED BY .$( MULTIPLY BY .2( E%UALS NUMBER OF PARTY LIST REPS. THERE ARE 2($ LEGISLATIVE DISTRICTS. 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 2!( .2($).$(/ SEATS. BUT THIS IS ONLY A CEILING. A LIST WITH NAMES SHOULD BE SUBMITTED TO COMELEC AS TO WHO WILL REPRESENT THE PARTY IN THE CONGRESS. RAN#ING IN THE LIST SUBMITTED DETERMINES WHO SHALL REPRESENT PARTY OR ORGANI+ATION. MAY POLITICAL PARTIES PARTICIPATE IN THE PARTY-LIST ELECTIONSANS: YES& PROVIDED THAT THE POLITICAL PARTIES THEMSELVES REPRESENT THE MARGINALI+ED AND UNDER REPRESENTED SECTORS& PARTIES AND ORGANI+ATIONS. MERE ALLEGATION THAT A CANDIDATE0S PROCLAMATION IS NULL AND VOID AB INITIO DOES NOT DIVEST THE HRET OF ITS *URISDICTION. A PUBLIC OFFICE IS PERSONAL TO THE PUBLIC OFFICER AND NOT A PROPERTY TRANSMISSIBLE TO THE HEIRS UPON DEATH. EVEN IN ANALOGOUS CASES BEFORE OTHER ELECTORAL TRIBUNALS& INVOLVING SUBSTITUTION BY THE WIDOW OF A DECEASED PROTESTANT& IN

CASES WHERE THE WIDOW IS NOT THE REAL PARTY IN INTEREST& THE SC DENIED SUBSTITUTION BY THE WIFE OR HEIRS. WHILE THE RIGHT TO A PUBLIC OFFICE IS PERSONAL AND EXCLUSIVE TO THE PUBLIC OFFICER& AN ELECTION PROTEST IS NOT PURELY PERSONAL AND EXCLUSIVE TO THE PROTESTANT OR PROTESTEE& SUCH THAT THE DEATH OF EITHER WOULD OUST THE COURT OF ALL AUTHORITY TO CONTINUE THE PROTEST PROCEEDINGS. COURT HAVE ALLOWED SUBSTITUTION AND INTERVENTION BUT ONLY BY A REAL PARTY IN INTEREST. PROTESTANT0S WIDOW IS NOT A REAL PARTY IN INTEREST TO THIS ELECTION PROTEST. .POE VS ARROYO/ RULES ON FILING COC: 1. NO PERSON SHALL BE ELECTED INTO PUBLIC OFFICE UNLESS HE FILES HIS COC WITHIN THE PRESCRIBED PERIOD. 2. NO PERSON SHALL BE ELIGIBLE FOR MORE THAN ONE OFFICE. IF HE FILES FOR MORE THAN ONE POSITION& HE SHALL NOT BE ELIGIBLE FOR ANY OF THEM UNLESS HE CANCELS ALL AND RETAINS ONE BEFORE THE EXPIRATION OF THE PERIOD FOR THE FILING OF COC. 3.THE COC SHALL BE FILED BY THE CANDIDATE PERSONALLY OR BY HIS DULY AUTHORI+ED REP. 4. UPON FILING& AN INDIVIDUAL BECOMES A CANDIDATE. THUS& HE IS ALREADY COVERED BY RULES& RESTRICTIONS AND PROCESSES INVOLVING CANDIDATES. EFFECT OF FILING OF COC ON TENURE OF INCUMBENT GOVT OFFICIALS: 1. ON APPOINTIVE OFFICIALS- THEY ARE CONSIDERED IPSO FACTO RESIGNED FROM OFFICE UPON FILING. 2. ON ELECTIVE OFFICIALS- NO EFFECT. THE CANDIDATE SHALL CONTINUE TO HOLD OFFICE& WHETHER HE IS RUNNING FOR THE SAME OR A DIFFERENT POSITION .FAIR ELECTION ACT/. RULES ON SUBSTITUTION AND WITHDRAWAL OF CANDIDACY: ANY CANDIDATE MAY WITHDRAW HIS CANDIDACY ANYTIME BEFORE ELECTION DAY.

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

3. ELECTION OFFENSES UNDER SEC 2$ OF OMNIBUS ELECTION CODE. 4. GIVING MONEY OR OTHER MATERIAL CONSIDERATION TO INFLUENCE& INDUCE& OR CORRUPT THE VOTERS OF PUBLIC OFFICIALS PERFORMING ELECTORAL FUNCTIONS;

. COMMITTING ACTS OF TERRORISM TO ENHANCE HIS CANDIDACY; !. SPENDING IN HIS ELECTION CAMPAIGN AN AMOUNT IN EXCESS OF THAT ALLOWED; ". SOLICITING& RECEIVING& MA#ING PROHIBITED CONTRIBUTIONS; $. COMMITTING PROHIBITED ACTS; '. NOT POSSESSING %UALIFICATIONS AND POSSESSING DIS%UALIFICATIONS UNDER THE LGC; 1(. SENTENCED BY FINAL *UDGMENT FOR AN OFFENSE INVOLVING MORAL TURPITUDE OR FOR AN OFFENSE PUNISHABLE BY ONE YEAR OR MORE OF IMPRISONMENT WITHIN 2 YRS AFTER SERVING SENTENCE. 11. REMOVED FROM OFFICE AS A RESULT OF AN ADMIN CASE; 12. CONVICTED BY FINAL *UDGMENT FOR VIOLATING THE OATH OF ALLEGIANCE TO THE REPUBLIC; 13. DUAL CITI+ENSHIP OR DUAL ALLEGIANCE; 14. FUGITIVES FROM *USTICE IN CRIMINAL OR NON-CRIMINAL POLITICAL CASES HERE OR ABROAD; 1 . PERMANENT RESIDENTS IN A FOREIGN COUNTRY OR THOSE WHO HAVE AC%UIRED THE RIGHT TO RESIDE ABROAD AND CONTINUE TO AVAIL OF THE SAME RIGHT; 1!. INSANE OR FEEBLE-MINDED. 1". NUISANCE CANDIDATE; 1$. FILING OF CANDIDACY FOR MORE THAN ONE OFFICE; 1'. MATERIAL MISREPRESENTATION IN THE COC. EFFECT OF DIS%UALIFICATION CASE: 1. ANY CANDIDATE WHO HAS BEEN DECLARED BY FINAL *UDGMENT TO BE DIS%UALIFIED SHALL NOT BE VOTED FOR. THE VOTES CAST IN HIS FAVOR SHALL NOT BE COUNTED; 2. IF THE CANDIDATE IS NOT DIS%UALIFIED BY FINAL *UDGMENT 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& IN%UIRY 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- REFER TO CANDIDATES WHO HAVE NO BONA FIDE INTENTION TO RUN FOR THE OFFICE FOR WHICH THE COC HAS BEEN FILED AND WOULD THUS PREVENT A FAITHFUL DETERMINATION OF THE TRUE WILL OF THE PEOPLE. PETITION TO DENY DUE COURSE TO OR CANCEL A COC: EXCLUSIVE GROUND: A MATERIAL REPRESENTATION IN THE COC IS FALSE. THE PETITION SHOULD BE FILED NOT LATER THAN 2 DAYS FROM THE FILING OF THE COC. IT SHOULD BE DECIDED NOT LATER THAN 1 DAYS BEFORE THE ELECTION& AFTER DUE NOTICE AND HEARING. ELECTION CAMPAIGN)PARTISAN POLITICAL ACTIVITY- REFERS TO AN ACT DESIGNED TO PROMOTE THE ELECTION OR DEFEAT OF A PARTICULAR CANDIDATE TO A PUBLIC OFFICE. EXAMPLES: 1. ADVERTISEMENTS; 2. DIRECTLY OR INDIRECTLY SOLICITING VOTES PLEDGES OR SUPPORT FOR OR AGAINST A CANDIDATE; 3. PUBLISHING OR DISTRIBUTING CAMPAIGN LITERATURE OR MATERIALS DESIGNED TO SUPPORT OR OPPOSE THE ELECTION OF ANY CANDIDATE. WHEN THE ACTS ENUMERATED ABOVE ARE NOT CONSIDERED AN ELECTION CAMPAIGN)PARTISAN POLITICAL ACTIVITYANS: IF THE ACTS ARE PERFORMED FOR THE PURPOSE OF ENHACING THE CHANCES OF ASPIRANTS FOR NOMINATION FOR CANDIDACY TO A PUBLIC OFFICE BY A POLITICAL PARTY& AGROUPMENT OR COALITION OF PARTIES. RA '((!- FAIR ELECTION ACT RA '1$'- OVERSEAS ABSENTEE VOTING ACT OF 2((3 ABSENTEE VOTING LAW- IS THE LAW THAT ENSURES E%UAL OPPORTUNITY TO ALL %UALIFIED CITI+ENS OF THE PHIL ABROAD TO EXERCISE THEIR RIGHT

TO VOTE IN THE ELECTION OF PRESIDENT& VP& SENATORS AND PARTY-LIST REPS. *URISDICTION IN INCLUSION)EXCLUSION CASES: 1. THE MUNICIPAL AND METROPOLITAN TRIAL COURTS SHALL HAVE ORIGINAL AND EXCLUSIVE *URISDICTION OVER ALL ATTERS OF INCLUSION AND EXCLUSION OF VOTERS FROM THE LIST IN THEIR RESPECTIVE MUNICIPALITIES OR CITIES. PETITION FILED AT ANY TIME EXCEPT 1( DAYS BEFORE REGULAR ELECTION OR " DAYS BEFORE SPECIAL ELECTION. 2. DECISIONS MAY BE APPEALED TO THE RTC WITHIN OF NOTICE OF DECISION. DAYS FROM RECEIPT

3. RTC WILL DECIDE THE APPEAL WITHIN 1( DAYS. DECISION IS FINAL AND EXECUTORY. NOTE: THE COMELEC HAS NO *URISDICTION OVER %UESTIONS INVOLVING THE RIGHT TO VOTE. 4. EXCLUSION IS THROUGH SWORN PETITION AND NOT LATER THAN 1(( DAYS BEFORE REGULAR ELECTION; ! DAYS BEFORE SPECIAL ELECTION. GROUNDS WHEN THE LIST OF VOTERS WILL BE ALTERED: 1. DEACTIVATION)REACTIVATION; 2. EXCLUSION)INCLUSION; 3. CANCELLATION OF REGISTRATION IN CASE OF DEATH; 4. NEW VOTERS; . ANNULMENT OF BOO# OF VOTERS; !. TRANSFER OF RESIDENCE. HOW IS CHALLENGE TO RIGHT TO REGISTER EFFECTEDWHO- ANY VOTER& CANDIDATE& POLITICAL PARTY REPRESENTATIVE. HOW- IN WRITING& STATING GROUNDS UNDER OATH& PROOF OF NOTICE OF HEARING. DEACTIVATION- IS THE REMOVAL FROM THE REGISTRATION RECORDS OF PERSONS FROM THE PRECINCT BOO# OF VOTERS AND PLACE THE SAME& PROPERLY MAR#ED AND DATED IN INDELIBLE IN#& IN THE INACTIVE FILE AFTER ENTERING THE CAUSE OF DEACTIVATION. HOW IS REACTIVATION OF REGISTRATION EFFECTED-

1. SWORN APPLICATION FOR REACTIVATION; 2. AFFIDAVIT; 3. NOT LATER THAN 12( DAYS BEFORE REGULAR ELECTION AND '( DAYS BEFORE SPECIAL ELECTION. PRE-PROCLAMATION CONTROVERSIES- REFER TO ANY %UESTION 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. THOSE THAT CAN BE FILED DIRECTLY WITH THE COMELEC ARE THE FF: 1. ISSUE INVOLVES THE ILLEGAL COMPOSITION OR PROCEEDINGS OF THE BOC& AS WHEN A MA*ORITY OR ALL OF THE MEMBERS DO NOT HOLD LEGAL APPOINTMENTS OR ARE IN FACT USURPERS; 2. ISSUE INVOLVES THE CORRECTION OF MANIFEST ERRORS IN THE TABULATION OR TALLYING OF THE RESULTS DURING THE CANVASSING. ISSUES THAT MAY BE RAISED IN A PRE-PROCLAMATION CONTROVERSY: 1. ILLEGAL COMPOSITION OR PROCEEDINGS OF THE BOC; 2. THE CANVASSED ELECTION RETURNS ARE INCOMPLETE& CONTAIN DISCREPANCIES IN THE SAME RETURNS OR IN AUTHENTIC COPIES THEREOF; 3. THE ELECTION RETURNS WERE PREPARED UNDER DURESS& THREATS& COERCION& OR INTIMIDATION OR THEY ARE OBVIOUSLY MANUFACTURED OR NOT AUTHENTIC; 4. WHEN SUBSTITUTE OR FRAUDULENT RETURNS IN CONTROVERTED POLLING PLACES WERE CANVASSED& THE RESULTS OF WHICH MATERIALLY AFFECTED THE STANDING OF THE AGGRIEVED CANDIDATES. PREPROCLAMATION CONTROVERSY VERSUS ELECTION CONTEST: PRE-PROCLAMATION CONTROVERSY: 1. THE *URISDICTION OF COMELEC IS ADMINISTRATIVE)%UASI-*UDICIAL; 2. IT IS GOVERNED BY THE RE%UIREMENTS OF ADMINISTRATIVE DUE PROCESS. ELECTION CONTEST: 1. THE *URISDICTION OF COMELEC IS *UDICIAL; 2. IT IS GOVERNED BY THE RE%UIREMENTS OF *UDICIAL PROCESS. PRE-PROCLAMATION CONTROVERSY VERSUS %UO WARRANTO:

1. %UO WARRANTO IS NOT A CONTEST. IT IS A PROCEEDING TO UNSEAT AN INELIGIBLE PERSON FROM OFFICE. AN ELECTION PROTEST MORE THAN SEE#S TO OUST THE WINNER. IT IS A CONTEST BETWEEN THE WINNING CANDIDATE AND THE DEFEATED CANDIDATE. 2. %UO WARRANTO MAY BE FILED BY A VOTER. AN ELECTION PROTEST MAY BE FILED ONLY BY A CANDIDATE WHO HAS DULY FILED A COC TO THE SAME OFFICE AND HAS BEEN VOTED FOR. 3. GROUNDS FOR %UO WARRANTO ARE DISLOYALTY OR INELIGIBILITY OF THE WINNING CANDIDATE. GROUNDS FOR ELECTION CONTEST ARE ELECTION FRAUD AND IRREGULARITIES IN THE COUNTING AND CASTING OF VOTES OR IN THE PREPARATION OF THE RETURNS. 4. IN %UO WARRANTO& THE RESPONDENT MAY BE UNSEATED& BUT THE PETITIONER MAY NOT BE INSTALLED INTO THE OFFICE VACATED. IN ELECTION CONTEST& THE PROTESTEE MAY BE UNSEATED AND THE PROTESTANT MAY BE INSTALLED INTO THE OFFICE VACATED. ELECTION OFFENSES: 1. VOTE BUYING AND VOTE-SELLING; 2. COERCION OF A SUBORDINATE; 3. APPOINTMENT OF NEW EMPLOYEES& CREATION OF NEW POSITION& PROMOTION OR GIVING SALARY INCREASES; 4. PROHIBITION AGAINST RELEASE& DISBURSEMENT OR EXPENDITURE OF PUBLIC FUNDS; . SUSPENSION OF ELECTIVE& PROVINCIAL& CITY& MUNICIPAL OR BRGY OFFICER. PRESCRIPTION OF ELECTION OFFENSESCOMMISSION. YRS FROM THE DATE OF THEIR

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 *UDGMENT IN SUCH PROCEEDINGS BECOMES FINAL AND EXECUTORY. *URISDICTION OF COURTS:

1. RTC HAS EXCLUSIVE ORIG *URISDICTION TO TRY AND DECIDE ANY CRIMINAL ACTION OR PROCEEDINGS FOR VIOLATION OF OEC. 2. MTC)MCTC HAVE *URISDICTION OVER OFFENSES RELATING TO FAILURE TO REGISTER OR VOTE. PARTY-LIST SYSTEM OF ELECTION- IS A MECHANISM OF PROPORTIONAL REPRESENTATION IN THE ELECTION OF REPRESENTATIVES TO THE HOR FROM MARGINALI+ED OR UNDERREPRESENTED NATIONAL& REGIONAL AND SECTORAL PARTIES& OR ORGANI+ATIONS OR COALITIONS THEREOF REGISTERED WITH THE COMELEC. IT IS PART OF THE ELECTORAL PROCESS THAT ENABLES SMALL POLITICAL PARTIES AND MARGINALI+ED AND UNDERREPRESENTED SECTORS TO OBTAIN POSSIBLE REPRESENTATION IN THE HOR& WHICH TRADITIONALLY IS DOMINATED BY PARTIES WITH BIG POLITICAL MACHINERY. WHO MAY PARTICIPATE: 1. SECTORAL PARTY- AN ORGANI+ED GROUP OF CITI+ENS WHOSE PRINCIPAL ADVOCACY PERTAINS TO THE SPECIAL INTERESTS AND CONCERNS OF THE FF SECTORS: LABOR& FISHERFOL#& PEASANT& WOMEN& URBAN POOR& YOUTH& INDIGENOUS& OVERSEAS WOR#ERS& VETERANS& CULTURAL COMMUNITIES& PROFESSIONALS& HANDICAPPED AND ERDERLY. 2. SECTORAL ORGANI+ATION- A GROUP OF %UALIFIED VOTERS BOUND TOGETHER BY SIMILAR PHYSICAL ATTRIBUTES OR CHARACTERISTICS& OR BY EMPLOYMENT& INTERESTS OR CONCERNS. 3. POLITICAL PARTY- AN ORGANI+ED GROUP OF %UALIFIED VOTERS PURSUING THE SAME IDEOLOGY& POLITICAL IDEAS AND PRINCIPLES FOR THE GENERAL CONDUCT OF THE GOVT. IT MAY BE A: A. NATIONAL PARTY WHEN ITS CONSTITUENCY IS SPREAD OVER THE GEOGRAPHICAL TERRITORY OF AT LEAST A MA*ORITY OF THE REGIONS; AND B. A REGIONAL PARTY WHEN ITS CONSTITUENCY IS SPREAD OVER THE GEOGRAPHICAL TERRITORY OF AT LEAST A MA*ORITY OF THE CITIES AND PROVINCES COMPRISING A REGION.

COALITION- AN AGGRUPATION OF DULY-REGISTERED NATIONAL& REGIONAL& SECTORAL PARTIES OR ORGAN FOR POLITICAL AND)OR ELECTION PURPOSES. HOW SHALL PARTY-LIST SEATS ALLOCATED: 1. THE PARTIES SHALL BE RAN#ED FROM HIGHEST TO LOWEST BASED ON THE NUMBER AND PERCENTAGE OF VOTERS GARNERED DURING THE ELECTIONS; 2. ONLY A MAXIMUM OF 3 SEATS MAY BE ALLOWED PER PARTY. SEATS ARE ALLOCATED AT THE RATE OF 1 SEAT PER 2, OF VOTES OBTAINED; 3. UNALLOCATED SEATS SHALL BE DISTRIBUTED AMONG THE PARTIES& WHICH HAVE NOT YET OBTAINED THE MAXIMUM 3 SEATS& PROVIDED THEY HAVE MUSTERED AT LEAST 2, OF VOTES. PARTY-LIST REPS SHALL SERVE FOR A TERM OF 3 YRS WITH A MAXIMUM OF 3 CONSECUTIVE TERMS. ARE PRE-PROCLAMATION CASES ALLOWED IN ELECTIONS FOR PRESIDENT& VP& SENATOR AND MEMBER OF HORANS: AS A GENERAL RULE& NO PRE-PROCLAMATION CASES SHALL BE ALLOWED ON MATTER RELATING TO THE PREPARATION& TRANSMISSION& RECEIPT& CUSTODY AND APPRECIATION OF THE ELECTION RETURNS OR THE CERTIFICATES OF CANVASS AS THE CASE MAY BE. HOWEVER& THIS DOES NOT PRECLUDE THE AUTHORITY OF THE APPROPRIATE CANVASSING BODY MOTU PROPRIO OR UPON WRITTEN COMPLAINT OF AN INTERESTED PERSON TO CORRECT MANIFEST ERRORS IN THE CERT OF CANVASS OR ELECTION RETURNS BEFORE IT. ARE PRE-PROCLAMATION CASES INVOLVING PROVINCIAL& CUTY AND MUNICIPAL OFFICES ALLOWED- WHEN ARE THEY TERMINATEDANS: 1. PRE-PROCLAMATION CASES INVOLVING PROVINCIAL& CITY AND MUNICIPAL OFFICES SHALL BE ALLOWED. 2. ALL PRE-PROCLAMATION CASES SHALL BE DEEMED TERMINATED AT THE BEGINNING OF THE TERM OF OFFICE INVOLVED AND THE RULINGS OF THE BOARDS OF CANVASSERS CONCERNED SHALL BE DDEMED AFFIRMED& WITHOUT PRE*UDICE TO THE FILING OF A REGULAR ELECTION PROTEST BY THE AGGRIEVED PARTY.

HOWEVER& PROCEEDINGS MAY CONTINUE WHEN ON THE BASIS OF THE EVIDENCE THUS FAR PRESENTED& THE COMELEC DETERMINED THAT THE PETITION APPEARS MERITORIOUS AND ACCORDINGLY ISSUES AN ORDER FOR THE PROCEEDING TO CONTINUE OR WHEN AN APPROPRIATE ORDER HAS BEEN ISSUED BY THE SC IN A PETITION FOR CERTIORARI. 1THE %UESTION WHETHER OR NOT THERE WAS TERRORISM& VOTE BUYING AND OTHER IRREGULARITIES IN THE ELECTIONS CANNOT BE THE SUB*ECT OF A PRE-PROCLAMATION CONTEST BUT MUST BE RAISED IN A REGULAR ELECTION PROTEST. PRINCIPLE OF IDEM SONANS- MEANS THAT A NAME OR SURNAME INCORRECTLY WRITTEN WHICH WHEN READ& HAS A SOUND SIMILAR TO THE NAME OR SURNAME OF A CANDIDATE WHEN CORRECTLY WRITTEN SHALL BE COUNTED IN HIS FAVOR. STRAY BALLOT- IS ONE CAST IN FAVOR OF A PERSON WHO HAS NOT FILED A COC OR IN FAVOR OF A CANDIDATE FOR AN OFFICE FOR WHICH HE DID NOT PRESENT HIMSELF. IT REFERS TO STRAY VOTE. END