FRANCISCO I. CHAVEZ, petitioner, vs. COMMISSION ON ELECTIONS, C.

IN THE NATURE OF AN EX-POST FACTO LAW

 The offense,is the non-removal of the described propaganda
 Chavez endorses clothing and other products, which subsequently he materials three (3) days after the effectivity of COMELEC
filed a COC for Senator Resolution No. 6520.
 His billboards were ordered to be removed by COMELEC  If the candidate for public office fails to remove such propaganda
materials after the given period, he shall be liable under Section 80 of
ISSUE: WHETHER OR NOT COMELEC RESOLUTION IS UNCONSTITUTIONAL the Omnibus Election Code for premature campaigning. Indeed,
FOR: nowhere is it indicated in the assailed provision that it shall operate
retroactively.
a. gross violation of non-impairment clause
b. invalid exercise of police power
D. CONTRARY TO FAIR ELECTIONS ACT
c. in the nature of an ex-post facto law
 provision does not prohibit billboards as lawful election propaganda.
d. contrary to Fair Elections Act
 It only regulates their use to prevent premature campaigning and to
e. Invalid due to overbreadth
equalize, as much as practicable, the situation of all candidates by
preventing popular and rich candidates from gaining undue advantage
RULING:
in exposure and publicity on account of their resources and popularity.
A. GROSS VIOLATION OF NON-IMPAIRMENT CLAUSE
E. INVALID DUE TO OVERBREADTH
 A statute or regulation is considered void for overbreadth when it
 Court has said that contracts affecting public interest contain an offends the constitutional principle that a governmental purpose to
implied reservation of the police power as a postulate of the existing control or prevent activities constitutionally subject to State
legal order. regulations may not be achieved by means that sweep unnecessarily
 This power can be activated at anytime to change the provisions of the broadly and thereby invade the area of protected freedoms
contract, or even abrogate it entirely, for the promotion or protection  It only disallows the continued display of a persons propaganda
of the general welfare. materials and advertisements after he has filed a certificate of
 Such an act will not militate against the impairment clause, which is candidacy and before the start of the campaign period. Said materials
subject to and limited by the paramount police power. and advertisements must also show his name and image.

B. INVALID EXERCISE OF POLICE POWER Under the Omnibus Election Code, election campaign or partisan political
 Republic Act No. 6646, which prohibited the sale or donation of print activity is defined as an act designed to promote the election or defeat of a
space and air time for campaigning or other political purposes, except particular candidate or candidates to a public office. Activities included under
to the COMELEC. this definition are:
 to prohibit premature campaigning and to level the playing field for
candidates of public office, (1) Forming organizations, associations, clubs, committees, or other
groups of persons for the purpose of soliciting votes and/or undertaking any
 to equalize the situation between popular or rich candidates, on one
campaign for or against a candidate
hand, and lesser-known or poorer candidates, on the other, by
preventing the former from enjoying undue advantage in exposure and
publicity on account of their resources and popularity

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(2) Holding political caucuses, conferences, meetings, rallies, parades, or
other similar assemblies, for the purpose of soliciting votes and/or undertaking
any campaign or propaganda for or against a candidate;
(3) Making speeches, announcements or commentaries, or holding
interviews for or against the election of any candidate for public office;
(4) Publishing or distributing campaign literature or materials designed to
support or oppose the election of any candidate; or
(5) Directly or indirectly soliciting votes, pledges or support for or against
a candidate.
G.R. No. 181613 November 25, 2009
ROSALINDA A. PENERA vs.COMELEC
 RA 8436- AUTOMATED ELECTION
 For affording enough time of ballot printing, deadline of filing COC was
removed earlier
 Penera assailed her disqualification from running for Mayor charged of
premature campaigning
When can a person considered as candidate?
 Section 13 of RA 9369, provides that "[a]ny person who files his
certificate of candidacy within [the period for filing] shall only be
considered as a candidate at the start of the campaign period for which
he filed his certificate of candidacy. (Lanot vs COMELEC)
When can he be liable for premature campaigning?
 a candidate is liable for an election offense only for acts done during the
campaign period, not before.
 The law is clear as daylight — any election offense that may be
committed by a candidate under any election law cannot be committed
before the start of the campaign period. In ruling that Penera is liable
for premature campaigning for partisan political acts before the start
of the campaigning, the assailed Decision ignores the clear and express
provision of the law.
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GMA VS COMELEC
 CONSTITUTIONALITY OF LIMITATIONS PLACE ON AGGREGATE
AIRTIME WAS QUESTIONED –PER STATION VS TOTAL
AGGREGATE BASIS
RULING:
 The court held that the aggregate-based airtime limits is unreasonable
and arbitrary as it unduly restricts and constraints the ability of
candidates and political parties to reach out and communicate with the
people.
 Here, the leveling-playing field reason does not constitute a compelling
state of interest which would justify such substantial restriction on the
freedom of candidates and political parties to communicate their ideas,
philosophies, platforms and programs of government.
 Considering also that the Philippines is not only composed of so many
islands but also a lot of languages and dialects are spoken among the
citizens across the country.
 To reach out as many of the electorates as possible, national candidate
must resort to medium where he can convey his message as readily
understandable and relatable.
 To add all of these airtimes in different dialects would greatly hamper
the ability of such candidate to express himself in a form of suppression
of his political speech.
G.R. No. 212398 RAMON "E.R." P. EJERCITO, vs. HON. COMMISSION ON
ELECTIONS and EDGAR "EGA Y" S. SAN LUIS,
What is the jurisdiction of COMELEC in violation of Section 68 of OEC?
 As enunciated in Lanot, "(a)n erring candidate may be disqualified even
without prior determination of probable cause in a preliminary
investigation. The electoral aspect may proceed independently of the
criminal aspect, and vice-versa

 necessity of the conduct of preliminary investigation pertains to cases
where the offenders are charged with acts not covered by Section 68 of
the OEC, and are, therefore, beyond the ambit of the COMELEC’s
jurisdiction
What is the effect of granting petition of Sec. 68?
Section 6. Effect of Granting of Petition.– In the event a Petition to disqualify a
candidate is granted by final judgment as defined under Section 8 of Rule 23 and
the disqualified candidate obtains the highest number of votes, the candidate
with the second highest number of votes cannot be proclaimed and the rule
of succession, if allowed by law, shall be observed. In the event the rule of
succession is not allowed, a vacancy shall exist for such position
Section 5. Effect of Petition if Unresolved Before Completion of Canvass.– If a
Petition for Disqualification is unresolved by final judgment on the day of
elections, the petitioner may file a motion with the Division or Commission En
Banc where the case is pending, to suspend the proclamation of the candidate
concerned, provided that the evidence for the grounds to disqualify is strong. For
this purpose, atleast three (3) days prior to any election, the Clerk of the
Commission shall prepare a list of pending cases and furnish all Commissioners
copies of said the list.
SEC. 6. Effects of Disqualification Case. - Any candidate who has been declared by
final judgment to be disqualified shall not be voted for, and the votes cast for him
shall not be counted. If for any reason a candidate is not declared by final
judgment before an election to be disqualified and he is voted for and receives
the winning number of votes in such election, the Court or Commission shall
continue with the trial and hearing of the action, inquiry or protestand, upon
motion of the complainant or any intervenor, may during the pendency thereof
order the suspension of the proclamation of such candidate whenever the
evidence of his guilt is strong.
The two aspects account for the variance of the rules on disposition and
resolution of disqualification cases filed before or after an election. When the
disqualification case is filed before the elections, the question of disqualification
is raised before the voting public. If the candidate is disqualified after the
election, those who voted for him assume the risk that their votes may be
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declared stray or invalid. There is no such risk if the petition is filed after the
elections.
I- VILLABER VS COMELEC
 Pablo C. Villaber, sought the nullification of two Resolutions of the
Commission on Election (COMELEC) in SPA-01-058 on April 30, 2001.
1. declaring Villaber disqualified as "a candidate for and from holding
any elective public office" and canceling his certificate of candidacy
being convicted for violation of B.P. BIg. 22 involves moral turpitude
following the ruling of this Court en banc in the administrative case of
People vs. Atty. Fe Tuanda.
2. Denying his MR
Note: Villaber and respondent Douglas R. Cagas were rival candidates for a
congressional seat in the First District of Davao del Sur
 Cagas also asserted that Villaber made a false material
representation in his certificate of candidacy that he is "Eligible for the
office I seek to be elected " - which false statement is a ground to deny
due course or cancel the said certificate pursuant to Section 78 of the
Omnibus Election Code.
 Villaber countered:
- his conviction has not become final and executory because the
affirmed Decision was not remanded to the trial court for promulgation
in his presence.9
-even if the judgment of conviction was already final and executory, it
cannot be the basis for his disqualification since violation of B.P. Blg. 22
does not involve moral turpitude.
ISSUE: whether or not violation of B.P. Blg. 22 involves moral turpitude.
RULING:
In In re Vinzon,14 the term "moral turpitude" is considered as encompassing
"everything which is done contrary to justice, honesty , or good morals."
In the case at bar, being convicted of such crime, as a drawer who issues an
unfunded check deliberately reneges on his private duties he owes his fellow
men or society in a manner contrary to accepted and customary rule of right and
duty, justice, honesty or good morals. (paraphrasing Black's definition)
The mischief it creates:
1. is not only a wrong to the payee or holder,
2. but also an injury to the public" since the circulation of valueless
commercial papers "can very well pollute the channels of trade and
commerce,
3. injure the banking system and eventually hurt the welfare of society
and the public interest.
(2nd element manifest moral turpitude: The accused knows at the time of the
issuance that he or she does not have sufficient funds in, or credit with, the
drawee bank for the payment of the check in full upon its presentment)
 Clearly, in Tuanda, this Court did not make a distinction whether the
offender is a lawyer or a non-lawyer. Nor did it declare that such
offense constitutes moral turpitude when committed by a member of
the Bar but is not so when committed by a non-member, hence,
contention of villaber that ruling is not applicable since he is not a
lawyer is unavailing.
WHEREFORE, PETITION IS DISMISSED.
II- CABALLERO VS COMELEC
COMELEC granted petition for cancellation of Certificate of candidacy of
Caballero for having made a material misrepresentation in his COC declaring
that he is a resident of Barangay Imnajbu, Uyugan, Batanes within one year prior
to the election on May, 03, 2013 (despite being a canandian citizen)
NOTE: Jonathan Nanud and Caballero both candidates for mayoralty
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 Caballero’s contention:
1. he took an Oath of Allegiance to the Republic of the Philippines
before the Philippine Consul General in Toronto, Canada on
September 13, 2012
2. and became a dual Filipino and Canadian citizen pursuant to
Republic Act (RA) No. 9225, otherwise known as the Citizenship
Retention and Reacquisition Act of 2003
3. Thereafter, he renounced his Canadian citizenship and executed
an Affidavit of Renunciation before a Notary Public in Batanes on
October 1, 2012 to conform with Section 5(2) of RA No. 9225.
4. he did not lose his domicile of origin as he merely left temporarily
to pursue a brighter future for him and his family
5. his nine months of actual stay in Uyugan, Batanes prior to his
election is a substantial compliance with the law
6. WHAT IS NECESSARY IS the acquaintance by the candidate on his
constituents' vital needs for their common welfare
 COMELEC’S CONTENTION
1. he failed to comply with the other requirements provided under RA No.
9225 for those seeking elective office, i.e., persons who renounced their
foreign citizenship must still comply with the one year residency
requirement provided for under Section 39 of the Local Government
Code; MUST RE \ESTABLISH HIS DOMICILE
ISSUE: WHETHER OR NOT CABALLERO WAS ABLE TO REESTABLISHED HIS
DOMICILE IN UYUGAN, BATANES.
RULING:
 Caballero failed to prove that he had been a resident of Uyugan, Batanes
for at least one year immediately preceding the day of elections as
required under Section 39 of the Local Government Code.
Reacquisition of Phil. Citizenship had no automatic impact or
effect on his residence/domicile
  His argument of substantial compliance with the rule for having stayed
9 months immediately prior to election is not persuasive. In Aquino v.
Commission on Elections,34 we held:cralawlawli

….not even the will of a majority or plurality of the voters of the Second District of
Makati City would substitute for a requirement mandated by the fundamental law
itself.

Note: when a natural-born Filipino with dual citizenship seeks for an elective
public office, residency in the Philippines becomes material. Section 5(2) of RA
No. 9225wlawlibrary

 material representation contemplated by Section 78 refers to

qualifications for elective office:
1. requisite residency,
2. age
3. citizenship
4. or any other legal qualification necessary to run for a local
elective office as provided for in the Local Government Code.

 misrepresentation must consist of a deliberate attempt to mislead,

misinform, or hide a fact which would otherwise render a candidate
ineligible

SC CONTENTIONS ON OTHER ARGUMENTS OF CABALLERO

1. THAT RESPONDENT FAILED TO PERSONALLY SERVED COPY OF

PETITION AND THAT THE XOPY SENT THRU REGISTERED MAIL LACKS
AFFIDAVIT OF REASONS OF SUCH FAILURE

-COMELEC Rules of Procedure are subject to liberal construction

-CABALLERO was not deprived of due process