Вы находитесь на странице: 1из 14

1

CHAPTER 1
ELECTION

a) The means
b) by
which
the
people

process/system
c) choose their officials the true
sovereign
d) for a definite and selection
fixed period term of office
e) and to whom they entrust for the
time
being
as
their
representatives people dont
rule
themselves;
feature
of
republicanism
f) the exercise of the power of
government

legislative;
executive
President 6 years; no re-election
Vice-President 6 years; with reelection
Senator 6 years; 2 terms
Congressmen 3 years; 3 terms

SUFFRAGE

ELECTION VS SUFFRAGE

ELECTION

a) Right to vote
b) in the election of officers chosen
by the people general/special
c) in the determination of all
questions submitted to the people
????
SCOPE OF SUFFRAGE
Expression of the sovereign will of the
people involving the choice or selection
of candidates to public office by popular
vote.

PLEBISCITE

Election
at
which
any
proposed
amendment to or revision of the
constitution is submitted to the people
for their ratification.

REFERENDUM

Submission of a law passed by the


national or local legislative body to the
registered voters at an election called for
that purpose for their ratification.

LIEZL2015/NOTES

2
INITIATIVE

Process whereby the registered voters


directly propose, enact, or amend laws
(national or local) through an election
called for the purpose.

RECALL

Method by which a public officer may be


removed from office during his tenure or
before the expiration of his term by a
vote of the people after registration of a
petition signed by a required percentage
of qualified voters.

1) GENERAL

2 KINDS OF ELECTION
One provide by law for the election of
officers throughout the state or certain
subdivision after the expiration of the full
term of the former officers.
General Elections May 9, 2016

2) SPECIAL

- One provided for by law under special


circumstances such as when an election
is held to fill a vacancy in office; death,
resignation, permanent disability
- when certain proposals are submitted
to the vote of electors (referendum or
plebiscite)
RA 7166 (Nov. 1999) vacancy in the
house of representatives special election
= not earlier than 60 days not later than
90 days from occurrence of vacancy

*We adopt Australian system in the


Philippines

1) NATURAL RIGHT

- the secrecy of ballots (Sec. 2, Art. 5,


1987 Consti)
- adopted since 1901

THEORIES ON SUFFRAGE
a) inherent right of every citizen
b) by virtue of his membership in the
State
c) who is not disqualified by reason
of his own reprehensible conduct
or unfitness
-

LIEZL2015/NOTES

this

view

dominated

USA

and

3
France political thought in the 18 th
century
2) SOCIAL EXPEDIENCY

a) public office or function


b) conferred upon those
capable of discharging it
-

3) TRIBAL

A PRIVILEGE

LIEZL2015/NOTES

not a natural right but accrues


only when one becomes member
of state

before in most US states only


Caucasian males who owned at
least 50 acres of land

a) necessary and essential means for


the development of society
-

A RIGHT

not a right but a duty enjoined


upon some citizen

a) vested
privilege
usually
accompanying the ownership of
land
-

5) ETHICAL

and

a) suffrage is a necessary attribute


of membership in the State
-

4) FEUDAL

fit

indicative of political maturity

PHILIPPINE THEORY ON SUFFRAGE


expression
of
the Sec. 1, Art. II, 1987
sovereign will of the Constitution

The
people
Philippines is a democratic
and
republican
State.
Sovereignty resides in the
people and all government
authority emanates from
them.
not granted to everybody
but to such persons as are
most likely to exercise it
for the common good

Sec. 1, Art. V, 1987


Constitution Suffrage
may be exercised by all
citizens of the Philippines
not otherwise disqualified
by law, who are at least

4
eighteen years of age, and
who shall have resided in
the Philippines for at least
one year and in the place
wherein they propose to
vote for at least six
months
immediately
preceding the election.
No literacy, property or
other
substantive
requirement
shall
be
imposed on the exercise
of suffrage.
A DUTY

which every citizen owes


to his country

Sec. 4, BP 881 it shall be


the duty of every citizen
to register and cast his
vote
Sec. 4, Art. V, 1973
Constitution it shall be
the obligation of every
citizen qualified to vote to
register and cast their
vote.

COMPARATIVE PROVISIONS ON SUFFRAGE


1935
1973
BASIC
PROVISION

LIEZL2015/NOTES

Sec. 1, Article V
Suffrage
may
be
exercised
by
male
citizens
of
the
Philippines
not
otherwise disqualified
by law, who are twentyone years of age or
over and are able to
read and write, and
who shall have resided
in the Philippines for
one year and in the
municipality
wherein
they propose to vote
for at least six months
preceding the election.
The National Assembly
shall extend the right of
suffrage to women, if in
a plebiscite which shall

Sec. 1, Art. VI
Suffrage
shall
be
exercised by citizens of
the
Philippines
not
otherwise disqualified
by
law,
who
are
eighteen years of age
or over, and who shall
have resided in the
Philippines for at least
one year and in the
place
wherein
they
propose to vote for at
least
six
months
preceding the election.
No literacy, property, or
other
substantive
requirement shall be
imposed
on
the
exercise of suffrage.
The
Batasang

1987

Sec. 1, Art. V
Suffrage
may
be
exercised by all citizens
of the Philippines not
otherwise disqualified
by law, who are at least
eighteen years of age,
and who shall have
resided
in
the
Philippines for at least
one year, and in the
place
wherein
they
propose to vote, for at
least
six
months
immediately preceding
the
election.
No
literacy, property, or
other
substantive
requirement shall be
imposed
on
the
exercise of suffrage.

5
be
held
for
that
purpose
within
two
years
after
the
adoption
of
this
Constitution, not less
than three hundred
thousand
women
possessing
the
necessary qualifications
shall vote affirmatively
on the question.

Pambansa shall provide


a
system
for
the
purpose of securing the
secrecy and sanctity of
the vote.

GENDER

male citizens

AGE

21

citizens
distinction)
18

RESIDENCE

1 year Philippines
6
months

municipality
to
vote

1 year Philippines
6
months

municipality
to
vote

1 year Philippines
6
months

municipality
to
vote

LITERACY

able to read and


write

no
literacy
property
requirement

no
literacy
property
requirement

(no

all citizens
18

or

or

REQUISITES FOR THE EXERCISE OF SUFFRAGE


1. QUALIFIED
a) all citizens of the Philippines
(Sec. 1, Art. V, 1987 Constitution)
aliens not included
b) not otherwise disqualified by law
same
disqualification
for
registration of voters
c) who are at least 18 years of age
lowered to 18 from 21 years of
age in 1935 Constitution
d) and who shall have reside in the
Philippines for at least one year
and in the place wherein they
propose to vote for at least 6
months immediately preceding
the election
2. NOT DISQUALIFIED
(Sec. 118, BP 881)

LIEZL2015/NOTES

a) any person sentenced by final


judgment to suffer not less than
one year imprisonment (unless
granted
parole,
pardon
or
amnesty) right is only acquired
after five years of service of
sentence.

6
b) crime involving disloyalty or
against
national
security

treason,
rebellion,
sedition,
espionage, violation of at the antisubversion and firearm laws
c) insane or incompetent person as
declared by competent authority
3. REGISTERED
VOTERS

IN

THE

LIST

OF

a) Sec 10, BP 8189


A qualified voter shall be registered in
the permanent list of voters in a
precinct of the city or municipality
wherein he resides to be able to vote
in any election. To register as a voter,
he shall personally accomplish an
application form for registration as
prescribed by the Commission in
three (3) copies before the Election
Officer on any date during office
hours after having acquired the
qualifications of a voter.
b) Sec. 6 (2) BP 9189
Qualified citizens of the Philippines
abroad who failed to register under
Republic Act No. 8189, otherwise
known
as
the
"The
Voters
Registration Act of 1996", may
personally apply for registration with
the Election Registration Board of the
city or municipality where they were
domiciled immediately prior to their
departure from the Philippines, or
with the representative of the
Commission
at
the
Philippine
embassies, consulates and other
foreign service establishments that
have jurisdiction over the locality
where they temporarily reside.
c) Sec. 4, BP 881
It shall be the obligation of every
citizen qualified to vote to register
and cast his vote.
d) Sec. 4, Art. V, 1973 Constitution

LIEZL2015/NOTES

7
It shall be the obligation of every
citizen qualified to vote to register
and cast his vote.
4. NO FURTHER QUALIFICATION
(Sec. 1, Art. V, 1987 Constitution)

a) no literacy ability
write
b) property objection
feudal theory
c) or other substantive
shall be imposed on
of suffrage

to read and
against the
requirement
the exercise

CHAPTER 2 REGISTRATION OF VOTERS

PRE-ELECTION
1) Registration
2) Challenge
3) Inclusion
4) Exclusion
5) Voters: Qualification
and Disqualification

6) Certificate of Candidacy
7) Precincts and polling
places
8) Ballot Boxes
9) Watchers
10) Petition to deny
correspondence to or to
cancel a certification of
candidacy
11) Political Parties
12) Election campaign
(expenditures and
propaganda)

LAW
LIEZL2015/NOTES

ELECTION PROPER

1) casting of votes

2) challenge of illegal
voters
3) records of challenges
and
oaths
4) minutes of voting and
counting of votes
5) List of unused ballots

POST-ELECTION
1) counting of votes
2)
Board
of
Election
Inspectors
3) Appreciation of Ballots
4) Election Returns
5) announcement of the
results of the election and
issuance of certificate of
votes received
6)
canvass
and
proclamation
7)
pre-proclamation
controversy
8) election contest against
a pronounced candidate
9) original and exclusive
jurisdiction
10) appellate jurisdiction
11)
requisites
of
an
election protest
12) quo warranto,
requisites
13) election offenses
14) appeal

RELEVANT LAWS IN REGISTRATION OF VOTERS


TITLE
EFFECTIVITY

its

8
BP 881
RA 8189
RA 9189
RA 10367

RATIONALE

NECESSITY

DUTY TO REGISTER

Omnibus Election Code


Voters Registration Act of
1996
Overseas Absentee Voting
Act of 2003
Mandatory Biometrics
Voter Registration

December 3, 1985
June 11, 1996
February 13, 2003
February 15, 2003

REGISTRATION OF VOTERS
a) as a means of determining who
possess the qualification of voters;
requires their examination of the
claims of persons to vote on the
ground
of
possessing
these
qualifications
b) of regulating the exercise of the
right to vote reasonable and
convenient means
a) registration is essential to the
exercise of the right to vote;
b) it is part and parcel of the right to
vote
c) and indispensable element in the
election process (condition sine
qua non)
Sec. 4, BP 881
a) It shall be the duty of every citizen
to register and cast his vote.
Sec. 115, BP 881
a) In order that a qualified elector
may
vote
in
any
election,
plebiscite, or referendum,
b) he must be registered in the
permanent list of voters for the
city or municipality in which he
resides

REGISTRATION

LIEZL2015/NOTES

Sec. 3, RA 8189
a) accomplishing and filing a sworn
application for registration; must
be under oath
b) by a qualified voter; 1) Filipino 2)
not disqualified by law 3) at least
18 years of age 4) at least one

9
year Philippine resident; place of
vote at least 6 months
immediately
preceding
the
election.
c) before election officer (EO) of city
or
municipality
wherein
he
resides;
EO
is
the
local
representative of COMELEC in all
cities or municipalities
d) and including the same in the
book
of
registered
voters;
completes
the
process
of
registration; applicant is now
considered a registered voter
e) upon
approval
by
election
registration board hearing;
quantity; composition: Election
Officer as chair, most senior in
rank public school official, local
civil registrar as members
CONTINUING REGISTRATION

Sec. 3, RA 8189
a) the personal filing of application of
registration of voters shall be
conducted daily in the office of the
election officer during regular
office hours
b) no registration shall, however, be
conducted during the period
starting 120 days before a regular
election and 90 days before a
special election

MANDATORY BIOMETRIC CAPTURE

RA 10367
a) new
application
requires
mandatory capture of applicants
biometrics

CHAPTER 3
CHALLENGES TO THE RIGHT TO REGISTER
Who may challenge?
a) any voter
b) candidate or
(Sec. 18, RA 8189)
c) representative of a registered
political party
Requirements
a) application in writing
b) under oath attached to the
application
LIEZL2015/NOTES

10

Procedure

Opposition (in form of Answer)

PETITION FOR INCLUSION


Who may file
(Sec. 34, RA 8189, SCR)

Requirements

Where to file
When to file

When to decide
Appeal

PETITION FOR EXCLUSION


Who may file
(Sec. 35, RA 8189, SCR)
Requirements

c) proof of notice of hearing


d) state the ground
Hearing: 3rd Monday of the month
Decision: rendered before end of the
month
a) filed not later that 2nd Monday
b) scheduled to be heard by Election
Registration Board
a) any person whose application for
registration has been disapproved
by the Board.
b) Any person whose name has been
stricken out from the list
a) Petition
b) Certificate
of
disapproval
of
application
c) Proof of service of notice of
petition from the board
a) Municipal
Trial
Court
or
Metropolitan Trial Court
a) At any time
b) except 105 days prior to regular
election or 75 days prior to special
election.
a) within 15 days after its filed
a) within 5 days from receipt of
notice
b) to Regional Trial Court
c) deciding appeal within days from
receipt
d) Decision is final and executory (No
Motion for Reconsideration)
a)
b)
c)
a)
b)

Where to file

a)
b)
c)
d)

When to decide
Appeal

a)
a)

LIEZL2015/NOTES

Any registered voter


representative of a political party
election officer
sworn statement
process of notice to the board and
to the challenged voter
Municipal Trial Court or
Metropolitan Trial Court
at any time
except 100 days prior to regular
election or 65 days prior to special
election
within 10 days after its filing
within 5 days from receipt of
notice

11
b) to Regional Trial Court
c) Decision: appeal within 10 days
from receipt
d) Decision is final and executory (No
Motion for Reconsideration)
Why there is a difference of time to file for inclusion (105 days prior to regular
election; 75 days special election) and exclusion (100 days prior to a regular
election and 65 days prior to a special election)?
-

Period the Decision has to be rendered

ANNULMENT OF BOOK OF VOTERS


Section 39, RA 8189
Who may file
Requirements
Grounds

Limitations

a) any voter
b) election officer
c) duly registered political party
Verified petition
-state the grounds
a) not in accordance with RA 8189
b) prepared through fraud, bribery,
forgery,
impersonation,
intimidation, force or any similar
irregularity
c) contains data that are statistically
improbable
a) order, ruling or decision annulling
a book of voters shall not be
execute 90 days before an
election
b) Order annulling book of voters is
not a ground for pre-proclamation
controversy.

CHAPTER 4
*MEMORIZE
Qualifications for National Elective Offices
Literacy, Voter, Residence)

Basis (1987
Constitution)
Citizenship
LIEZL2015/NOTES

(CALVRES=Citizenship, Age,

President & VP

Senate

Sec 2 Art VII

Sec. 3 Art VI

House of
Representative
Sec. 6 Art VI

Natural Born
Citizen

Natural Born
Citizen

Natural Born
Citizen

12
Age

Literacy
Voter

Residence

At least 40 years
old at the day of
election
Able to read and
write
Registered voter

At least 35 years
old at the day of
election
Able to read and
write
Registered voter

Resident of the
Philippines for not
less than 10 years
immediately
preceding the day
of the election.

Resident of the
Philippines for not
less than 2 years
immediately
preceding the day
of the election.

At least 25 years
old at the day of
election
Able to read and
write
Registered Voter in
the District which
he shall be elected
A resident of the
district for a period
of not less than 1
year immediately
preceding the day
of the election.

Why Natural born Citizen? On the justification that people who are voted on this
election must have an absolute and undivided allegiance
Residence? For Familiarity and acquaintance
Qualifications for Local Elective Offices

Basis
Citizenship
Age

Literacy

Voter
Registration
Residence

LIEZL2015/NOTES

Governor and
Vice
Governor
Sec. 39 RA
7160
Citizen
At least 23
Years old on
election day
Able to read
and write
Filipino or any
other local
language or
dialect
Registered
Voter

Mayor

Sec. 39 RA
7160
Citizen
At least 23
Years old on
election day
Able to read
and write
Filipino or any
other local
language or
dialect
Registered
Voter

HUC Mayor
and Vice
Mayor (City)
Sec. 39 RA
7160
Citizen
At least 21
Years old on
election day
Able to read
and write
Filipino or any
other local
language or
dialect
Registered
Voter

1 yr in the
province where
he intended to
be elected 2
Years in the
Philippines

1 yr in the
province where
he intended to
be elected 2
Years in the
Philippines

1 yr in the
province where
he intended to
be elected 2
Years in the
Philippines

SP & SB

Sec. 39 RA
7160
Citizen
At least 18
Years old on
election day
Able to read
and write
Filipino or any
other local
language or
dialect
Registered
Voter in the
district
1 yr in the
province
where he
intended to be
elected 2 Years
in the

13
Philippines
Definition of terms
Candidate Sec 79 (a) BP 881

Qualification

Disqualification
Natural Born Citizen

Residence
Domicile
Art 50 Civil Code

1. Any person
2. Aspiring for or seeking an elective
office
3. Who has filed a certificate of
candidacy
4. By himself or through an accredited
political party, aggroupment , or
coalition of parties
1. a conditional circumstance
2. that must be met or complied with
3. to make a person suitable for a
particular position
1. The quality of not being suitable
2. For a particular position
1. Those who are citizens of the
Philippines from birth 2. Without having
to perform any act to acquire or perfect
Citizenship 3. Those born before January
17, 1973 of Filipino Mothers who elect
Philippine citizenship at the age of
majority
1. Indicate a place of abode whether
permanent or temporary
1. For the exercise of civil rights and
fulfilment of civil obligations
2. The domicile of natural persons is the
place of their habitual residence

Disqualifications (Omnibus Election Code Sec.12)


1. has been declared by competent authority insane or incompetent
2. sentenced by final judgment for subversion, insurrection, rebellion
3. sentenced by final judgment for a crime involving moral turpitude
Disqualifications applicable to LEO only (Sec 40 Ra 7160)
1. Those sentenced by final judgment for an offense involving moral turpitude or for
an offense punishable by one (1) year or more of imprisonment, within two (2) years
after serving sentence;
2. Those removed from office as a result of an administrative case;
3. Those convicted by final judgment for violating the oath of allegiance to the
Republic;
4. Those with dual citizenship;
LIEZL2015/NOTES

14
5. Fugitives from justice in criminal or non-political cases here or abroad;
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 after the effectivity of this
Code; and
7. The insane or feeble-minded.
Father of LGC- Senator Aquilino Pimentel Jr.
Can a Juridical person run for public office?

LIEZL2015/NOTES

Вам также может понравиться