1

nd
2 Semester, School Year 2018-2019

ELECTION LAW

I. Comelec

1. Reyes vs. COMELEC, G.R. No. 207264, June 25, 2013

2. Velasco vs. Speaker Belmonte, G.R. No. 211140, 12 January 2016
3. Legaspi vs. COMELEC, G.R. No. 216572, 19 April 2016

II. Registration of Voters

1. Qualification and Disqualification of Voters

a. Kabataan Party List vs. COMELEC, G.R. No. 221318, 16 December 2015
b. RA 10742, Sec. 4
2. Inclusion and Exclusion Proceedings
a. Inclusion and Exclusion Proceedings vs. Denial of Due Course to or Cancellation of COC
Proceedings - Velasco v. Comelec, G.R. No. 180051, December 24, 2008

III. Political Parties and Party-lists

1. Political Parties to Candidates

a. Omnibus Election Code (OEC), Secs. 70-71
2. The Party-list System
a. The four parameters in the Party-List election
b. Cases:
i. Veterans Federation Party vs. COMELEC, GR No. 136781, 6 October 2000
ii. BANAT vs. COMELEC, GR No. 179271, 21 April 2009
iii. Atong Paglaum vs. COMELEC, GR No. 203766, 02 April 2013
iv. Lokin vs. COMELEC, G.R. Nos. 179431-32, 22 June 2010
v. Ang Ladlad LGBT Party vs. COMELEC, GR No. 190582, 8 April 2010
vi. Bantay RA 7941 vs. COMELEC, 4 May 2007

IV. Candidacy

1. Qualifications/Eligibilities of Candidates
a. General Guiding Principles in Candidates’ Qualifications
i. Qualifications for Public Office are Continuing Requirements - Frivaldo v. Comelec,
174 SCRA 245 (1989)
ii. Vice of Ineligibility Cannot be Cured by Election - Hayudini v. Comelec, G.R. No.
207900, April 22, 2014
iii. Qualifications of Candidates Specified in the Constitution Cannot be Expanded by
a Statute - Social Justice Society vs. Dangerous Drug Board, et al., GR No.
157870, 3 November 2008
b. Constitutional and Statutory Qualifications of Candidates
i. Update: RA 10742, Sec. 10
c. Citizenship
i. Who are Filipino Citizens - Art. IV, Secs. 1-5
1. Tecson v. Comelec, G.R. No. 161434. March 3, 2004
2. Poe-Llamanzares v. Comelec, G.R. Nos. 221697, March 8, 2016
3. David v. SET, G.R. No. 221538, September 20, 2016
ii. Renunciation of Foreign Citizenship to Run for Public Office
1. “Twin requirements” now Three Requirements - David v. SET, G.R. No.
221538, September 20, 2016
2. Dual Citizen from Birth - Cordora v. Comelec, G.R. No. 176947, February
19, 2009; Valles v. Comelec, G.R. No. 137000, August 9, 2000

ADMINISTRATIVE LAW AND ELECTION LAW

(ATTY. ENAN FLORES, LL.M.)



2

3. Dual Citizenship Obtained through Naturalization - Sobejana-Condon v.

Comelec, G.R. No. 198742, August 10, 2012
4. Recantation of Oath of Renunciation - Maquiling vs. Comelec, G.R. No.
195649, April 16, 2013
d. Residency
i. Change of Domicile
1. Sabili vs. COMELEC, 670 SCRA 664 (2012)
ii. The Law Treats Citizenship Independently of Domicile; However:
1. Caballero vs. Comelec, G.R. No. 209835, September 22, 2015
e. Age
i. Garvida v. Sales, G.R. No. 124893, April 18, 1997
f. Other Eligibilities of Candidates
i. Non-suffering from Any Term Limitation
1. Albania v. Comelec, G.R. No. 226792, June 7, 2017
2. Summary of prevailing jurisprudence on issues affecting consecutiveness
of terms and involuntary interruption - Abundo v. Commission on Elections,
G.R. No. 201716, 8 January 2013
ii. Non-Suffering from Any Accessory Penalty of Disqualification
1. Jalosjos vs. Comelec, G.R. No. 205033, June 18, 2013

2. Disqualification of Candidates
a. Grounds for Disqualification
i. To All Candidates – Omnibus Election Code, Secs. 68 and 12
ii. To Local Candidates – LGC, Sec. 40
iii. To SK Candidates – RA 10742, Sec. 27
iv. To Candidates of a Special Election – RA 9285
v. Candidate Subject to Disqualification is Eligible but Committed Infraction or Placed
in a Disqualifying Situation - Tagolino v. HRET, G.R. No. 202202, March 19, 2013
vi. Restoration of Pardonee’s Right to Run for Public Office - Risos-Vidal vs. Comelec,
G. R. No. 206666, 21 January 2015
vii. Effect of Penal Provision to the LGC Provision Which Allows Prior Convict to Run
After Two (2) Years - Jalosjos vs. Comelec, G.R. No. 205033, June 18, 2013
viii. Administratively ‘Removed from Office’ Defined - Albania vs. Comelec, G.R. No.
226792, June 7, 2017
ix. Doctrine of Condonation - Morales vs. CA, G.R. Nos. 217126-27, November 10,
2015
b. Petition for Disqualification (Sec. 68) vs. Petition to Deny Due Course to or Cancel COC
For False Material Representation in the COC (Sec. 78)
i. Tagolino v. HRET, G.R. No. 202202, March 19, 2013
c. Effects of Disqualification Case
i. If the judgement for disqualification has attained its finality before election
1. RA 6646 (The Electoral Reforms Law of 1987), Sec. 6; Grego v. Comelec,
G.R. No. 125955, June 19, 1997
ii. If the judgment for disqualification is still unresolved or has not yet attained its
finality before election
1. Sunga v. Comelec, 288 SCRA 76 (1998)
2. Nolasco v. Comelec, 275 SCRA 762 (1997)
iii. If the judgment for disqualification has attained its finality after election
1. Aquino v. Comelec, G.R. No. 120265, September 18, 1995
2. Ocampo v. HRET, G.R. No. 158466, June 15, 2004
3. Chua v. Comelec, G.R. No. 216607, April 5, 2016

3. Certificates of Candidacy (COC)

a. Ministerial duty of the Comelec to receive a COC
i. Cerafica v. Comelec, G.R. No. 205136, December 2, 2014
b. Effect of filing a COC
i. Quinto v. Comelec, G.R. No. 189698, February 22, 2010
c. Substitution of Candidates
i. Federico vs. COMELEC, G.R. No. 199612, January 22, 2013
d. Petition to Deny Due Course to or Cancel COC (two grounds)

ADMINISTRATIVE LAW AND ELECTION LAW

(ATTY. ENAN FLORES, LL.M.)



3

i. Denial of Due Course to or Cancelling COC of a Nuisance Candidate (OEC, Sec.

69)
ii. Denial of Due Course to or Cancellation of COC for False Material Representation
in the COC (OEC, Secs. 74 and 78)
1. Hayudini v. Comelec, G.R. No. 207900, April 22, 2014
2. Choice of Remedy when Ground is Permanent Resident of a Foreign
Country - Chua v. Comelec, G.R. No. 216607, April 5, 2016
3. Petition to Deny Due Course to or Cancel COC For False Material
Representation in the COC (OEC, Sec. 78) vs. Petition for Quo Warranto
(OEC, Sec. 253) -
e. Effects of a Case for Denial of Due Course to or Cancellation of COC
i. If the judgement for a petition to deny due course to or cancel a COC has attained
its finality before election
1. If the ground for cancellation or denial is false material representation in the
COC - RA 6646 (The Electoral Reforms Law of 1987), Sec. 6 in relation to
Sec. 7 thereof
2. If the denial of due course to or cancellation of a COC is ordered because
of the declaration of a nuisance candidate - Dela Cruz v. Comelec, G.R.
No. 192221, November 13, 2012
3. Rule applicable to both grounds - Ara Tea v. Comelec, G.R. No. 195229,
October 9, 2012
ii. If the judgment for a petition to deny due course to or cancel a COC is still
unresolved or has not yet attained its finality before election
1. Sunga v. Comelec, 288 SCRA 76 (1998)
2. Nolasco v. Comelec, 275 SCRA 762 (1997)
iii. If the judgment for disqualification has attained its finality after election
1. If the ground for cancellation or denial is false material representation in the
COC - RA 6646, Sec. 6 in relation to Sec. 7 thereof
2. If the denial of due course to or cancellation of a COC is ordered because
of the declaration of a nuisance candidate - Dela Cruz v. Comelec, G.R.
No. 192221, November 13, 2012
3. Rule applicable to both grounds - Hayudini v. Comelec, G.R. No. 207900,
April 22, 2014

V. Campaign

1. Premature Election Campaigning

a. Penera v. Comelec, G.R. No. 181613, November 25, 2009
2. Lawful Election Propaganda
a. The Diocese of Bacolod v. Comelec, G.R. No. 205728, January 21, 2015
3. Equal Access to Media
a. GMA Network v. Comelec, G.R. No. 205357, September 2, 2014
4. Electoral Expenditure
a. Allowable Amount - RA 7166, Sec. 13; RA 10590, Sec. 22
b. Garcia v. Comelec, 611 SCRA 55 (2010)
c. Ejercito v. Comelec, G.R. No. 212398, November 25, 2014

VI. Casting and Counting of Votes

1. Automated Election System (AES)

a. Two Types - RA 8436, as amended by RA 9369, Sec. 2 (7) and (8)
b. Some Requirements for the Use of AES - RA 8436, as amended by RA 9369, Secs. 11 (4) and
(5) and 14,
2. Electoral Boards
a. Can Teachers Still be Compelled to Serve in Elections? Republic Act No. 10756 or the
Election Service Reform Act (April 8, 2016), Sec. 3

VII. Proclamation

ADMINISTRATIVE LAW AND ELECTION LAW

(ATTY. ENAN FLORES, LL.M.)



4

1. Remedies Before Proclamation

a. Denial of Due Course to or Cancellation of Certificate of Candidacy for False Material
Representation
b. Declare a Nuisance Candidate to Cancel his Certificate of Candidacy
c. Disqualification
d. Suspension of Proclamation (Pending Case for Disqualification or Cancellation of COC) –
RA 6646, Sec. 6, last sentence, in relation to Sec. 7 thereof
e. Postponement of Election – OEC, Sec. 5
f. Failure of Election – OEC, Sec. 6; Usman v. Comelec, 42 SCRA 667 [1971]
g. Pre-proclamation Controversies – OEC, Sec. 243; Ramirez v. Comelec, G.R. No. 122013,
March 26, 1997(correction of manifest errors)
2. Remedies After Proclamation
a. Election Protest (OEC, Secs. 249-252 and 255)
b. Quo Warranto (OEC, Sec. 253)
i. Election Protest vs. Quo Warranto – Luison v. Garcia, 103 Phil 453 (1958)
ii. Summary of Jurisdiction of Courts
c. Annulment of Election and Proclamation - Frivaldo v. Commission on Elections, 174 SCRA
245 [1989]

ADMINISTRATIVE LAW
I. General Principles
a. Definition
b. Kinds

II. Administrative Agencies

a. Manner of creation
b. Kinds or types

III. Powers of Administrative Agencies/Bodies

(Read: Alliance for the Family Foundation vs. Garin, G.R. No. 217872, 26 April 2017)
a. Quasi-legislative power (or rule-making power)
i. Notice and hearing required?
ii. Kinds of administrative Rules or regulations
iii. Requisites for validity
b. Quasi-judicial powers
i. Adjudicatory powers
1. Requisites of administrative due process
2. Right against self-incrimination – Pascual v. Board of Medical Examiners,
28 SCRA 345
3. Applicability of the Doctrine of Res Judicata – National Housing Authority v.
Pascual, G.R. No. 158364, November 26, 2007
ii. Determinative powers
1. Directing powers (includes dispensing, examining, and summary powers)
2. Enabling powers (Regulatory or licensing powers)
a. Notice and hearing required?

IV. Judicial Recourse and Review

a. Doctrine of exhaustion of administrative remedies
i. Department of Finance vs. Hon. Mariano M. Dela Cruz, G.R. No. 209331, 24 April
2015
ii. United Overseas Bank of the Philippines vs. The Board of Commissioners-HLURB,
G.R. No. 182133, 23 June 2015
iii. Doctrine of primary administrative jurisdiction (Doctrine of Prior Resort)
iv. Exceptions to the Doctrine
b. Doctrine of finality of administrative action
c. Is judicial review a trial de novo?

ADMINISTRATIVE LAW AND ELECTION LAW

(ATTY. ENAN FLORES, LL.M.)