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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
LIEZL2015/NOTES
2
INITIATIVE
RECALL
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
1) NATURAL RIGHT
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
3) TRIBAL
A PRIVILEGE
LIEZL2015/NOTES
A RIGHT
a) vested
privilege
usually
accompanying the ownership of
land
-
5) ETHICAL
and
4) FEUDAL
fit
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
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
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.
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
no
literacy
property
requirement
no
literacy
property
requirement
(no
all citizens
18
or
or
LIEZL2015/NOTES
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
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
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
its
8
BP 881
RA 8189
RA 9189
RA 10367
RATIONALE
NECESSITY
DUTY TO REGISTER
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
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
Requirements
Where to file
When to file
When to decide
Appeal
Where to file
a)
b)
c)
d)
When to decide
Appeal
a)
a)
LIEZL2015/NOTES
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)?
-
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. 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
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