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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
SCOPE OF SUFFRAGE
ELECTION Expression of the sovereign will of the people
involving the choice or selection of candidates to
public office by popular vote.
2 KINDS OF ELECTION
1) GENERAL 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.
*We adopt Australian system in the Philippines - the secrecy of ballots (Sec. 2, Art. 5, 1987 Consti)
- adopted since 1901
THEORIES ON SUFFRAGE
1) NATURAL RIGHT 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
A DUTY which every citizen owes to his Sec. 4, BP 881 it shall be the
country duty of every citizen to register
and cast his vote
disqualified by law, who are who are eighteen years of law, who are at least
twenty-one years of age or age or over, and who shall eighteen years of age, and
over and are able to read and have resided in the who shall have resided in the
write, and who shall have Philippines for at least one Philippines for at least one
resided in the Philippines for year and in the place wherein year, and in the place
one year and in the they propose to vote for at wherein they propose to
municipality wherein they least six months preceding vote, for at least six months
propose to vote for at least the election. No literacy, immediately preceding the
six months preceding the property, or other election. No literacy,
election. The National substantive requirement property, or other
Assembly shall extend the shall be imposed on the substantive requirement
right of suffrage to women, if exercise of suffrage. The shall be imposed on the
in a plebiscite which shall be Batasang Pambansa shall exercise of suffrage.
held for that purpose within provide a system for the
two years after the adoption purpose of securing the
of this Constitution, not less secrecy and sanctity of the
than three hundred thousand vote.
women possessing the
necessary qualifications shall
vote affirmatively on the
question.
AGE 21 18 18
c) Sec. 4, BP 881
It shall be the obligation of every citizen
qualified to vote to register and cast his vote.
LIEZL2015/NOTES
6
REGISTRATION OF VOTERS
RATIONALE 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
CHAPTER 3
CHALLENGES TO THE RIGHT TO REGISTER
Who may challenge? a) any voter
(Sec. 18, RA 8189) b) candidate or
c) representative of a registered political
party
Requirements a) application in writing
b) under oath attached to the application
c) proof of notice of hearing
d) state the ground
Procedure Hearing: 3rd Monday of the month
Decision: rendered before end of the month
Opposition (in form of Answer) a) filed not later that 2nd Monday
b) scheduled to be heard by Election
Registration Board
PETITION FOR INCLUSION
Who may file a) any person whose application for
(Sec. 34, RA 8189, SCR) registration has been disapproved by the
Board.
b) Any person whose name has been stricken
out from the list
Requirements a) Petition
b) Certificate of disapproval of application
c) Proof of service of notice of petition from
the board
Where to file a) Municipal Trial Court or Metropolitan Trial
Court
When to file a) At any time
b) except 105 days prior to regular election
or 75 days prior to special election.
When to decide a) within 15 days after its filed
Appeal 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)
PETITION FOR EXCLUSION
Who may file a) Any registered voter
(Sec. 35, RA 8189, SCR) b) representative of a political party
c) election officer
Requirements a) sworn statement
b) process of notice to the board and to the
challenged voter
Where to file a) Municipal Trial Court or
b) Metropolitan Trial Court
c) at any time
d) except 100 days prior to regular election
or 65 days prior to special election
When to decide a) within 10 days after its filing
LIEZL2015/NOTES
9
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)?
CHAPTER 4
*MEMORIZE
Qualifications for National Elective Offices (CALVRES=Citizenship, Age, Literacy, Voter, Residence)
be elected
Residence Resident of the Resident of the A resident of the district
Philippines for not less Philippines for not less for a period of not less
than 10 years than 2 years than 1 year
immediately preceding immediately preceding immediately preceding
the day of the election. the day of the election. 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
Definition of terms
Natural Born Citizen 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
Residence 1. Indicate a place of abode whether permanent or
temporary
Domicile 1. For the exercise of civil rights and fulfilment of
Art 50 Civil Code civil obligations
2. The domicile of natural persons is the place of
their habitual residence
LIEZL2015/NOTES