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together and they elect the federation officers. That is the federation
officers election.
PART I- ELECTIVE OFFICIALS
In this case it was not about the SK but about the ABC. But there is no
ELECTION, GENERALLY such term as Barangay Captain as in law we call them Punong Barangay,
ELECTION, DEFINED not Kapitan..not Kap.
COMMENT: What is the role of the COMELEC when we elect ABC Officers? The
I describe this definition as the classic definition. It captures every essence comelec is only there to supervise, to observe but it has no jurisdiction.
of the election. The jurisdiction belongs to the DILG.
TAULE VS SANTOS
RULLODA VS COMELEC
Facts: The Secretary of the Local Government nullified the election of
federation officers on the ground of irregularity. It was argued that Facts: A widow substituted her deceased husband as candidate for
jurisdiction over election contests involving election of federation officers punong barangay and obtained the highest number of votes. But it was
belongs to COMELEC. voided because substitution is not allowed in barangay elections, it
Held: The jurisdiction of the COMELEC is limited to popular election only, being non-partisan. As such, there is no political party from which a
which is the embodiment of the popular will, the expression of the substitute is designated.
sovereign power of the people.
It involves the choice or selection of candidates to public office by Held: The absence of the provision for substitution in barangay elections
popular vote as opposed to election of federation officers. does not mean it is prohibited. Such interpretation ignores the purpose
In Constitutional context, it is the conduct of polls. Including of election laws which is to give effect to, rather than frustrate, the will
registration, campaign, casting, counting, and canvassing of votes. of the voters.
None of these characterizes the federation election.
COMMENTS:
The widow did not file a COC, but she merely wrote the COMELEC law
COMMENTS: department that she will replace her husband. So election…nidaog sya.
What happened here was there was a federation officers election (SK). So the losing party questioned it contending that she is not a legitimate
Every barangay there is an SK Chair, and all Sk Chair from all barangay come
ELECTION LAW (PRE-MIDTERM) NOTES- ALMONDS COMPILATION Page 2 of 42
party because she did not file a COC. Is the Sangguniang Kabataan election regular or special?
Technicalities aside, somebody won, the people have spoken respect that. Neither, based on the definition of a regular and special election.
It treated the letter to the law department as the COC. In other words, it
liberalize the rules. COMMENTS:
Caveat: please do not use this as precedent because today COMELEC is There was a protest but the RTC nullified the proclamation on the basis
very strict. The moment you file your COC, that’s the only time you are that his victory was done through badges of fraud such as:
considered as a candidate. Without a COC you can never be a candidate.
the keys to the ballot box were mismatched: the fact that you cannot
open that meaning it is so safe and secured
ELECTION LAWS, HOW CONSTRUED there were empty ballot boxes: what of it? We are not going to count
CARLOS VS ANGELES an empty ballot box.
Boxes without election returns: if there is no election returns, no
Facts: The proclamation of a mayor was nullified by the lower court on the problem. In the same way that if you see a PCOS machine somewhere
account that he won through significant badges of fraud like mismatch of else, don't be alarmed. It's useless. A PCOS machine without a memory
keys to the padlocks, empty ballot boxes, boxes with election returns, delay card is like a cellphone without a sim card. But people speculate.
in counting due to brownouts, absence of watchers during counting. Delay in counting due to brownout: if there is a brownout or power
interruption, the best thing to do is stop the counting. If there is power
Held: These did not affect the integrity of the ballots. again, resume the counting.
Election contests involve public interest and technicalities should not Absence of watchers during counting: it is not the fault of the COMELEC
impede the determination of the true will of the people. if the watchers disappeared during the counting because the
proceedings inside the polling place continue with or without the
watchers.
FRIVALDO VS COMELEC
The Supreme court said: These did not affect the integrity of the ballots.
Facts: A candidate for governor was disqualified because he did not reacquire If the watchers believe that there are irregularities inside the polling
his Filipino citizenship at the time he filed his CoC and at the time of place, the proper thing to do is file a written protest and must be
election. received by the BEI (teachers). Once received, give to the lawyer for the
election protest later on.
Held: Citizenship need not be possessed at the time of filing of CoC or
election, but must be at the start of the term. The watchers are actually the lawyers inside the polling place. Election
In case of doubt, election laws are liberally construed and equitably contests involve public interest and technicalities should not defeat the
construed in favor of sovereign will. determination of the true will of the people. The Supreme court said
In applying election laws, it would be far better to err in favor of the the RTC is without jurisdiction to nullify the proclamation.
popular sovereignty than to be right in complex but little understood
legalisms. Kinds of election
It’s only here that when we construe election laws, the purpose is only to SK ELECTION IS NOT A REGULAR
give life to the sovereign will or choice of the people. Technicalities aside.
I AM SO INLoVE WITH THIS STATEMENT. So well written. That’s my one liner PARAS VS COMELEC
for this case.
Facts: A punong barangay was subject of a recall election that was
scheduled within a year prior to the SK election, which also falls on the
ELECTION, CLASSIFIED second year of the term of office of local elective officials.
Section 74 of the Local Government Code prohibits recall election within a
What are the kinds of election? year from assumption of office and within a year immediately
Regular election – refers to one provided by law on such dates at regular preceding the next regular local election.
intervals for the election officers either nationwide or in certain
Held: If the SK election was a regular election, there would be no more
subdivisions.
recall election because it always falls within the second year of term of
Special election – refers to one held to fill vacancy before the expiration of office, the only time when a recall election is allowed. Thus, the next
the full term for which the incumbent was elected. regular election must refer to one where the office of the official
- it is also held when there is failure of election sought to be recalled is contested.
ELECTION LAW (PRE-MIDTERM) NOTES- ALMONDS COMPILATION Page 3 of 42
The SK election is not a regular election because its members do not even
possess suffrage under the Constitution. The SK is nothing more than a
Second, the failure affects the results of the election. In other words,
even if we give everything to the 2nd placer, does it affect the results? Is
youth organization. Its elected officer are not one of those enumerated as
it still statistically probable?
elective local officials under the law.
In this case, these 2 conditions were met. So the court granted the
COMMENTS: special election. Another argument was it's too late of the day – it's
In this case, there was a punong barangay subject of a recall election. On been 2 years. The law says reasonably close. The supreme court said it
the year na ma recall unta sya, there was also an SK election. Sec 74 of the is your fault. Your lawyers had legal maneuvers that delayed the
LGC says, yes there can be a recall election. However, you cannot do that proceedings.
within the year from the assumption of office and within the year following
the next regular election.
SYSTEMS OF ELECTION
What are the requisites of special election after failure of election in Lucero COMMENTS:
v COMELEC? Even though we are automated nationwide, still the barangay elections
remain manual. The reason is there is no need for transmission. Why? In
SPECIAL ELECTION AFTER FAILURE barangay elections, including SK, the winners are proclaimed within the
barangay only.
LUCERO VS COMELEC
How did Loong v COMELEC answer whether there can be manual count
Facts: Two candidates for district representative were separated by a mere during automated election?
175 votes. But no election as done in one polling place with 213 voters due
to ballot snatching. But the leading candidate questioned the authority of MANUAL COUNT DURING
the COMELEC to call for special election after almost two years.
LOONG VS COMELEC
Held: There are two requisites for holding a special election: One, there is a
failure of election. Two, such failure affects the results of the election. Facts: During the first automated election in ARMM the counting
Since only 175 votes separate them, the 213 votes in the polling place machines in the Province of Sulu could not accurately read the official
where election failed could still affect the results of the election. ballots because the ovals opposite the names of candidates were
The delay was not attributable to the voters of the polling place where misaligned. In 5 municipalities, the official ballots were rejected
election failed but to the legal maneuvers of parties. Thus, the holding of because of incorrect sequence codes. Thus, the COMELEC ordered a
special election almost two years after the regular election is still manual count which was opposed on the ground that under the
‘reasonably close to the date of election not held.’ automation law, automated counting is mandatory. The remedy is not
manual count but replacement of defective counting machines.
COMMENTS:
The problem is nagdaog na. But the difference is only 175 votes. Held: Manual counting during automated election is not prohibited by
law. The Constitutional grant of power to ‘enforce and administer all
Precinct – that is your territory. That is your address, your sitio, your laws and regulations relative to the conduct of election’ is so broad as
barangay, your neighborhood. to cover all the necessary and incidental powers for it to achieve the
Voting Center – the school objective of holding a free, orderly, honest, peaceful, and credible
Polling place – the classroom where you actually vote elections.
COMMENTS:
In this case, there is a polling place which results were snatched. That is a
ground where you can say there is failure of election. But in that polling There are glitches and the system can detect it. In this case, because of
place, there were a maximum of 213 votes. There is still a possibility where the misalignment of the ovals, if you vote for candidate A, the vote
you can still overcome the first placer. What if the 2 nd placer got 213 votes goes to candidate B. In 5 municipalities, the ballots were rejected
then he can still overcome the first placer. Keyword: statistically probable. because in automation, dili jud masaag ang ballots. The COMELEC said
okay, dili man ta ka count accurately, manual count nalang ta. It was
The COMELEC now reset the election and had a special election for that opposed. How can there be manual count in automated elections? The
polling place. The winner said the COMELEC has no authority because the supreme court said manual count in automated elections is not
law says if you want to reset the election, it must be reasonably close to prohibited by law. In the first place, automated elections is not
the election upheld. What happened in this case is it is only after 2 years mandatory. If you read the law, it says “Congress authorizes COMELEC
that had the special election. The supreme court answered that there are 2 to automate the elections”. It did not say mandates but merely
requisites for holding a special election. authorizes. Manual elections is the last resort. It is always possible.
One there is failure of election. In this case, ni fail man jud ang election – gi If you insist on automated counting, the result is inaccurate – does not
snatch ang ballot. Even though there was voting in the polling place, but reflect the true will of the people.
the results which embody the proceedings in the voting can no longer be
found.
CONSTITUTIONAL BASIS FOR ELECTION
ELECTION LAW (PRE-MIDTERM) NOTES- ALMONDS COMPILATION Page 4 of 42
Article II, Section 1, 1987 Constitution:
The Philippines is a democratic and Republican State. Sovereignty resides in
the people and all government authority emanate from them.
ORDILLO VS COMELEC
Facts: In a plebiscite, the people in the Cordillera region rejected autonomy,
except the Province of Ifugao. Thus, the COMELEC resolved that it now
compose the Cordillera Autonomous Region.
Held: A sole province cannot constitute an autonomous region which should
be interpreted in its common use and ordinary meaning, which
presupposes two or more provinces as shown in the 13 regions composed
of contiguous provinces into which the country is divided for administrative
purposes.
COMMENTS:
Q: Is there a cordillera autonomous region?
A: None. There was a plebiscite but out of the provinces, only Ifugao voted to
be part. The SC said the sole province cannot constitute an autonomous
region. There should be at least 2 provinces to constitute a region. This is a
statutory construction case. It would result to absurdity. We have regional
and provincial officials governing same territory and constituency.
ELECTION LAW (PRE-MIDTERM) NOTES- ALMONDS COMPILATION Page 5 of 42
reelected either immediately after his term of office or after an interval
PRESIDENT, HOW ELECTED,
of two or more terms.
TERM OF OFFICE AND TERM LIMIT
But why was Joseph Estrada allowed to run in 2010 after having been
Article VII, Section 4(1), 1987 Constitution: elected in 1998?
The President and the Vice-President shall be elected by direct vote of the The COMELEC said that the provision applies to incumbent presidents
people for a term of six years which shall begin at noon on the thirtieth day of only.
June next following the day of the election and shall end at noon of the same It is said the better policy approach is to let the people decide who the
date, six years thereafter. The President shall not be eligible for any re- next president is.
election. No person who has succeeded as President and has served as such For on political questions, this court may err but the sovereign people
for more than four years shall be qualified for election to the same office at will not.
any time.
What did the Supreme Court say in Pormento v Estrada?
COMMENTS: It declined to exercise its power of judicial review. Since Estrada already
What does the phrase “direct vote” mean? lost in the elections, the issue whether he can still run has become
It means the president is elected by popular vote of the people for a term moot and academic. It is no longer justiciable.
of six years.
The president is elected through popular vote. Compare with the US
system of elections. Americans do not directly elect their president and
vice president. They vote through electoral college. Principle: Winner takes
all. Each state has a minimum of 3 electoral votes. Advantage: avoids PORMENTO VS ESTRADA
concentration of power; disadvantage: does not reflect popular will FACTS:
The presidency is a once in a lifetime opportunity. Estrada was elected President of the RP in the May 1998 elections
In Pormento v Estrada: How did COMELEC resolved the issue regarding He sought the presidency again in the May 2010 elections
Estrada's candidacy as president? That provision only applies to incumbent Pormento opposed Estrada’s candidacy and filed a petition for
presidents. disqualification. His petition was denied by the COMELEC (Division), as
Furtheremore, there was no TRO. The SC rendered it moot and academic well as his subsequent Motion for Reconsideration (En Banc)
since Erap already lost to Nonoy. He filed the present petition for certiorari before the Court; however,
since such filing does not stay the execution of judgment or order of
How is it different from the election of President and Vice-President in the the COMELEC under the Rules of Court, Estrada was able to participate
United States? as a candidate for President in the May 10, 2010 elections where he
garnered the second highest number of votes
Americans do not directly elect their president and vice-president.
Technically, they pick “electors” in an Electoral College. ISSUE:
538 Electoral College votes are distributed among the 50 states and the Whether Joseph Ejercito Estrada is covered by the ban on the President
District of Columbia. from any reelection
Each State along with the DC has a minimum of Electoral College votes.
It increments depending on the population according to the Census. HELD: The petition was rendered moot by the failure of Estrada to be
elected as President in the 2010 elections
Based on 2010 Census, effective for the 2012, 2016, and 2020 presidential
elections, the electoral votes are distributed as follows: One of the essential requisites for the exercise of the power of judicial
review, the existence of an actual case or controversy, is sorely lacking
o California - 55 in this case.
o Texas - 38 Since the issue on the proper interpretation of the phrase “any
o Florida - 29 reelection” will be premised on a person’s second election as President,
there is no case or controversy to be resolved in this case.
o New York - 29 There is no definite, concrete, real or substantial controversy that
o Illinois - 20 touches on the legal relations of parties having adverse legal interests.
No specific relief may conclusively be decreed upon by this Court in this
o Pennsylvania - 20
case that will benefit any of the parties herein
o Ohio - 18 As a rule, this Court may only adjudicate actual, ongoing controversies.
o Georgia - 16 When a case is moot, it becomes non-justiciable.
Assuming an actual case or controversy existed prior to the
o Michigan - 16 proclamation of a President who has been duly elected in the May 10,
o North Carolina - 15 2010 election, the same is no longer true today. Estada was not elected
The candidate who gets the popular vote in each state, wins all its the President for the second time. Thus, any discussion of his “reelection”
Electoral College votes. will simply be hypothetical and speculative. It will serve no useful or
Except in Maine and Nebraska, which use a tiered system. practical purpose.
To win, the candidate needs at least 270 Electoral College votes.
What is the difference of effects of succession on term limit between the
vice president and the vice mayor enunciated in Borja vs Comelec?
Argument for Electoral College system: it avoids concentration of power
under the hands of urban populations. DIFF. OF EFFECTS OF SUCCESSION ON TERM LIMIT BETWEEN
THE VP AND V-MAYOR
Argument against – does not reflect the national will. In 2000, Gore won
the popular vote but Bush won 271 after he was deemed to have taken in
Florida.
BORJA VS COMELEC
Facts
A vice mayor succeeded the mayor who died. He was elected mayor
What does the sentence “The President shall not be eligible for any
twice in a row. He ran again as a mayor but was opposed on the ground
reelection.” mean?
that he already served 3 consecutive terms as mayor.
It means that the presidency is once in a lifetime opportunity. He cannot be
ELECTION LAW (PRE-MIDTERM) NOTES- ALMONDS COMPILATION Page 6 of 42
Article VIII, Section 4 provides for succession of Vice President as President birth without having to perform any act to acquire or perfect their
in the event of vacancy where it says the President shall not be eligible for Philippine citizenship.
any reelection.
Is this rule absolute?
Then it says that “No person who has succeeded as President and has
No because it may be done through election. Article IV, Section 2, 1987
served as such for more than four years shall be qualified for election to
Constitution: Those who elect Philippine citizenship in accordance with
the same office at any time
paragraph (3) , Section1 hereof shall be deemed natural born citizens
By analogy the vice mayor shall likewise be considered to have served a full
Article IV Section 1 (3), 1987 Constitution: Those born before January
term as mayor if he succeeds to the latter’s office and serves for the
17 1973, of Filipino mothers, who elect Philippine citizenship upon
remainder of the term
reaching the age of majority
The framers of the Constitution included such a provision because, without
it, the Vice President, who simply steps into the Presidency by succession
COMMENTS:
would be qualified to run for President even if he has occupied that office
for more than four years. Remember CARRL
The absence of a similar provision in Article 10 Section 8 on elective local 1. Citizenship,
officials throws in bold relief the difference between the two cases. It 2. Age
underscored the constitutional intent to cover only the terms of office to 3. Residency
which one may have been elected for purpose of 3 term limit on local 4. Registration
elective officials, disregarding for this purpose service by automatic 5. Literacy
succession
The Vice President is elected primarily to succeed the President in the How do we define natural born Filipino?
event of the latter’s death, permanent disability, removal or resignation. Also in the 1987 Constitution, it said there that, those born before Jan
While he may be appointed to the cabinet, his becoming so is entirely 17, 1973, who upon age of majority elects Philippine Citizenship are
dependent on the good graces of the President also considered natural born citizens.
In running for Vice President, he may thus be said to also seek the Question there is, because the first premise is this: you are considered
Presidency. For their part, the electors likewise choose as Vice President natural born if you don’t need to do anything to acquire or perfect
the candidate who they think can fill the Presidency in the event it Philippine citizenship. But here it says that once you reach majority,
becomes vacant. Hence, service in the presidency for more than four years and you elect Philippine citizenship, you are still considered natural
may rightly be considered as service for a full term. born. Why? Is election not a positive act to perfect your Philippine
This is not so in the case of the vice mayor under the LGC, he is the citizenship?
presiding officer of the sanggunian and he appoints all officials and If the former (do not need to do anything to perfect etc.) is the general
employees of such local assembly. He has distinct powers and functions, rule, then the latter (Filipino mothers, elect at age of majority) is the
succession to mayorship in the event of vacancy therein being only one of exception.
them 1987 Consti Art 4 , Sec 1, par 3. Those born before January 17, 1973, of
It cannot be said of him, as much as of the Vice President in the event of a
Filipino mothers, who elect Philippine Citizenship upon reaching the
vacancy in the Presidency, that in running for vice mayor, he also seeks the age of majority.
mayorship. His assumption of the mayorship in the event of vacancy is
more a matter of chance than of design. Hence, his service in that office How is this illustrated in Fornier vs Comelec?
should not be counted in the application of any term limit.
NATURAL-BORN FILIPINO, DEFINED
Succession of the vice president to the presidency for more than 4 years
is counted as one term whereas succession of the vice mayor to the
mayorship is not counted as one term for the purpose of determining FORNIER VS COMELEC
term limit. Facts:
FPJ ran for president but he was sought to be disqualified because he is
not a natural born Filipino, his parents are both foreigners.
PRESIDENT, QUALIFICATIONS His father could not be Filipino because his grandfather was a Spanish
subject
Art VII, Sec 2, 1987 Constitution Even if his father was a Filipino, he could not have transmitted his
No person may be elected President unless he is a natural-born citizen of the Filipino citizenship to his son FPJ because the latter is illegitimate.
Philippines, a registered voter, able to read and write, at least 40 years of age Held: The grandfather would have benefited from the en masse
on the day of the election, and a resident of the Philippines for at least 10 Filipinization that the Philippine Bill had effected in 1902. Having
years immediately preceding such election. acquired Filipino citizenship, the grandfather extended it to his son,
who is the father of FPJ. Article IV Section 1(3) of the 1935 Constitution:
The following are citizens of the Philippines:
Art IV, Sec 1 (3), 1987 Constitution (3) Those whose fathers are citizens of the Philippines
The ff are citizens of the Philippines: Since FPJ has first seen light under the 1935 Constitution which confers
xxx citizens regardless of whether such children are legitimate or
(3) Those born before January 17, 1973, of Flipino mothers, who elect illegitimate, he is a natural born Filipino because he did not need to
Philippine citizenship upon reaching the age of majority. perform any act to acquire or perfect his Filipino citizenship.
ISSUES: COMMENTS:
1. WoN Estrada resigned as President.
2. WoN Arroyo is only an acting President. So what happened in Estrada vs. Desierto that illustrates how the vice
3. WoN the President enjoys immunity from suit. pres is nominated? What happened?
4. WoN the prosecution of Estrada should be enjoined due to prejudicial
publicity. GMA nominated Senator Giungona, Jr as Vice-president. Congress
confirmed it. However some senators voted yes but with reservations
RULING: because there’s still a pending challenge on the legitimacy of GMA’s
presidency.
1. Elements of valid resignation: (a)an intent to resign and (b) acts of
relinquishment. Both were present when President Estrada left the Palace.
In other words, despite reservations, the nomination of the vice was
Totality of prior contemporaneous posterior facts and circumstantial
confirmed. After it was confirmed what happened next?
evidence— bearing material relevant issues—President Estrada is deemed
He took his oath of office as a Vice-President.
to have resigned— constructive resignation. SC declared that the
resignation of President Estrada could not be doubted as confirmed by his
leaving Malacañan Palace. In the press release containing his final Summarize how you fill out the office of the vice president.
statement: Pres will nominate from congress. Congress will confirm the
He acknowledged the oath-taking of the respondent as President; nomination. If they will not confirm the nomination, the pres will
He emphasized he was leaving the Palace for the sake of peace nominate another. If the congress confirms the nomination, that
and in order to begin the healing process (he did not say that he person nominated will become the vice-president.
was leaving due to any kind of disability and that he was going to
reassume the Presidency as soon as the disability disappears); So, to fill out the vacancy in the office of the vice.
He expressed his gratitude to the people for the opportunity to Nomination by the president
serve them as President (without doubt referring to the past Confirmation by the congress
opportunity); Oath-taking
He assured that he will not shirk from any future challenge that
may come in the same service of the country;
He called on his supporters to join him in promotion of a What do you think is the reason why out of the entire person in
constructive national spirit of reconciliation and solidarity. Congress, GMA nominated Guingona? Of course in her press release
Intent to resign—must be accompanied by act of relinquishment—act or she said I want to nominate a son of Mindanao because they
omission before, during and after January 20, 2001. underrepresented? But what do you think is the real reason aside
from they came from the same party? How old is Guingona? Was he
2. The Congress passed House Resolution No. 176 expressly stating its old?
support to Gloria Macapagal-Arroyo as President of the Republic of the Yes. Because Guingona was too old. He is not a threat to the
Philippines and subsequently passed H.R. 178 confirms the nomination of presidency.
Teofisto T. Guingona Jr. As Vice President. Senate passed HR No. 83
declaring the Impeachment Courts as Functius Officio and has been Did you notice that this is about a story. The President was gone. He
terminated. It is clear is that both houses of Congress recognized Arroyo as stepped down. The V-Pres assumed office. Someone from the senate
the President. Implicitly clear in that recognition is the premise that the was nominated as the V-pres. So there’s a vacancy in the senate.
inability of Estrada is no longer temporary as the Congress has clearly DOMINO EFFECT.
rejected his claim of inability.
VACANCY IN BOTH P AND VP- HOW FILLED
The Court therefore cannot exercise its judicial power for this is political in
nature and addressed solely to Congress by constitutional fiat. In fine, even
if Estrada can prove that he did not resign, still, he cannot successfully Art VII, Sec 8, 1987 Constitution
claim that he is a President on leave on the ground that he is merely In case of death, permanent disability, removal from office,
unable to govern temporarily. That claim has been laid to rest by Congress or resignation of the President, the Vice-President shall
and the decision that Arroyo is the de jure, president made by a co-equal
become the President to serve the unexpired term. In case
branch of government cannot be reviewed by this Court.
of death, permanent disability, removal from office, or
3. The cases filed against Estrada are criminal in character. They involve resignation of both the President and Vice-President, the
plunder, bribery and graft and corruption. By no stretch of the imagination President of the Senate or, in case of his inability, the
can these crimes, especially plunder which carries the death penalty, be Speaker of the House of Representatives, shall then act as
covered by the alleged mantle of immunity of a non-sitting president. He President until the President or Vice-President shall have
cannot cite any decision of this Court licensing the President to commit
criminal acts and wrapping him with post-tenure immunity from liability. been elected and qualified.
The rule is that unlawful acts of public officials are not acts of the State and
the officer who acts illegally is not acting as such but stands in the same The Congress shall, by law, provide who shall serve as
footing as any trespasser. President in case of death, permanent disability, or
4. No. Case law will tell us that a right to a fair trial and the free press are resignation of the Acting President. He shall serve until the
incompatible. Also, since our justice system does not use the jury system,
the judge, who is a learned and legally enlightened individual, cannot be
President or the Vice-President shall have been elected and
easily manipulated by mere publicity. The Court also said that Estrada did qualified, and be subject to the same restrictions of powers
not present enough evidence to show that the publicity given the trial has and disqualifications as the Acting President.
influenced the judge so as to render the judge unable to perform. Finally,
ELECTION LAW (PRE-MIDTERM) NOTES- ALMONDS COMPILATION Page 16 of 42
COMMENTS:
If president dies who becomes president? Vice-president
What if president and v-president both die at the same time? Senate
President, if not then the Speaker of the House of Representatives, as
Acting President
What will congress do for the meantime? Congress will legislate. But still
no legislation for that till today because it is a remote possibility that the
same situation will happen
What if all 4 dies? Pres, V-Pres, Senate President, and Speaker of the
HOR? All went aboard Air-Force 1 and it exploded in the air. Their charred
bodies were found beyond recognition, shredded to pieces.
Special Elections will be held but Congress must first legislate.
They have to certify first that there’s a vacancy and inform the COMELEC
of such vacancy. And once the COMELEC is informed that there’s a Art VI, Sec 3, 1987 Constitution
vacancy,…of course COMELEC knows that there’s a vacancy. But they No person shall be a Senator unless he is a natural-born
need a certification from Congress that there’s really a vacancy. And once citizen of the Philippines and, on the day of the election, is
the COMELEC knows that there’s vacancy what does it do? at least thirty-five years of age, able to read and write, a
They will call for a special election once they receive a certification from
congress.
registered voter, and a resident of the Philippines for not
less than two years immediately preceding the day of the
Now what is the problem in this case? election.
The problem in this case was that the COMELEC failed to inform the people
that there will be a special election and it was not on a separate ballot.
COMMENTS:
When was that special election held? It was a regular election. Registered voter anywhere in the country; elected at large
unlike District Representatives (only in their respective
In other words a situation rises in this case which is unique because a districts)
special election for the 12 th senator was held simultaneously with the
regular election. Why is there a problem?
Financial issue. But SC held that the failure of COMELEC to call out for a In the case of Aquino Sr, his age was short of few days at
special election does not invalidate it because based on the constitution the day of election, still short of few days at the day of
there’s no other option but to really hold a special election simultaneously proclamation, however at the time he assumed office he
with the regular election. was already of age, so he was accommodated by a split
decision of SET at that time.
How did the SC justify the failure of the COMELEC to notify? Didn’t
Supreme Court say that “it’s okay, It’s alright”? But Because based on Sec Today, under the 1987 Constitution, he should be of age
12 of RA 6645 you can see that the special election will be held
simultaneously with the succeeding regular election and to give notice.
at the DAY OF ELECTION, not on the day of
proclamation, not on the day of assumption of office.
Maybe under age in filing COC but must be of age on the
So COMELEC did not notify. Was there another way to notify the public?
The statutory notice/ constructive notice.
day of election
Yes, because there was a law calling for the schedule of that election. In PIMENTEL VS COMELEC
other words, SC is saying that even if the COMELEC failed to notify, it is in One-liner: The right of a citizen in the democratic process
the law. It was a statutory notice or a constructive notice. Now, okay, so of election should not be defeated by unwarranted
the SC treated those badges of fault. It says it’s alright. But did not the SC
acknowledge that the COMELEC is at fault?
impositions of a requirement not otherwise specified in
There was a word for COMELEC that although it was not invalidated, they the Constitution.
have to strictly follow the law.
Facts: Law and Comelec resolution requiring mandatory
In other words, the SC is saying that it’s okay for now, but next time.. drug testing of candidates for public office, etc were
questioned as unconstitutional.
Now who was that 13th senator that benefited from that election?
HONASAN Issue: Can Congress or COMELEC expand the
qualification requirements of candidates for senator under
How many votes did he obtain? More than 10 million the Constitution?
Based on the trend, we allow party-list with less than 2% threshold but not
to as low as 1000-2000 votes. As a matter of facts, if you don’t win 2
successive elections, you will be delisted from the party-list system
because you failed to prove that you are winnable with sufficient number
of votes.
ELECTION LAW (PRE-MIDTERM) NOTES- ALMONDS COMPILATION Page 23 of 42
both terms, as vice mayor it is interrupted and as mayor it is
THREE-TERM LIMIT
interrupted. In other words, if you succeed it is favorable to both
positions. As mayor it does not count as one term and as a vice mayor
TERM LIMIT, PURPOSE OF
it does not count as one term because it is effectively interrupted by
succession and succession is not your choice. It is under the law.
BORJA VS COMELEC
What is the justification of the Supreme Court in this case why there is a MONTEBON VS COMELEC
3-limit rule?
Legal Justification: Constitution and LGC
Practical Justification: Because the argument there is that if we are a
COMMENTS:
What are the requisites for disqualification?
democratic country, why are we limiting the choices of the people?
1. the official concerned has been elected for three consecutive
terms in the same local government post
What is the purpose of the three term limit?
2. that he has fully served three consecutive terms
-Not to develop proprietary rights – that is in Latasa vs Comelec that if we
3. obtain the position by way of election
allow politicians to serve more than three terms, chances are they will tend
What is the mode by which you get into that position? By election. In
to develop a sense of interest over the public office
other words, you must be elected to that particular position and fully
-Prevent monopolization of power
served that particular office of the same position
-Enhance freedom of choice of the people
That will count as one term for three terms for purposes of three term
limit.
Democracy only works when we have an intelligent electorate.
In which case, if you succeed, is that by election? No. Thus, if you
Unfortunately, they cannot discern what is abuse from what is proper;
succeed that does not count as one term because the requisite is you
hence, there are certain safeguards provided under the constitution, and
must be elected to that position to count as one term.
one is the three term limit. For as long as our electorate, again this is not
an absolute statement, sees election not as a political activity but as an
economic opportunity, we will never be able to choose (??) PREVENTIVE SUSPENSION, EFFECT ON TERM CONTINUITY
What is the purpose of term limit? How did the SC justify term limit when COMMENTS:
it said you can no longer run for city mayor because anyway you are going In other words, the SC said there is no loss of title into the office and
to govern the same territory and the same constituents? your suspension does not interrupt the term.
The SC said you got 9 years already if we allow you to run as city mayor this
time and if we are going to follow your argument that a city is different What is the best evidence that you did not lose title?
from a municipality then you will still have the chance to serve another
There was no permanent replacement because it is going to be a
three successive terms
temporary replacement.
If you stay that long in the public office, 18 years as a mayor from E.g. if you are going to be a mayor the vice mayor acts as the mayor
municipality to city you might develop a sense of proprietary interest of during the time that you are suspended. Now, The SC actually said that
the public office and it should not be because you only borrow it from the if you are suspended preventively it gives rise to a presumption.
mandate of the people that you are going to occupy that office for a
certain period of time. If it goes beyond 9 years, you might develop affinity
to public office and you might think it is your own. Once you think of it as
What is that presumption in so far as the term limit is concerned?
In this point, the SC is strict when it said that preventive suspension
your own it is hard to give it up.
does not interrupt the term. The SC said that it gives to the
presumption that you fabricated the accusations against you so that
COMMENTS: your term will be interrupted so that this term will not count.
Now, from Borja to Latasa what are the justifications why there is a term
limit? What if you are mayor and you discovered that you have stage four
In Borja there are two justifications: cancer. You went to the US for treatment for a period of 6 months.
1. to prevent monopoly of political power Does that interrupt the term considering that sickness is not your
2. to enhance the freedom of choice of the people choice?
In Latasa: Prolonged sickness belongs to the same category as preventive
1. to prevent an official form developing proprietary interest in the suspension, it does not interrupt the term because again there is no
public office loss of title and the best evidence is there is no permanent
replacement and that presumption that you fabricate the accusations
SUCCESSION, EFFECT ON TERM CONTINUITY for you to be suspended is somehow unfair but the remedy there is do
not do something bad so that you will not be preventively suspended.
BORJA VS COMELEC We are talking here of the accountability of public officials. The
standard of public officials is too high that you might think that we are
perfect in the government because it says that public officials shall be
COMMENTS: at all ties accountable to people. In other words, you cannot say I’m
In other words here if you succeed, it does not count as one term. doing this as a private person. Anything you do inside and outside the
workplace is still subject to scrutiny and discipline because still you are
As a vice-mayor, he succeeded as mayor. As a mayor, does it count as one a public officer.
term? No, because he merely succeeded.
There is also an argument which says, actually the only exception is
Now as a vice mayor since he vacated that by virtue of succession, does the voluntary renunciation that does not interrupt the term of office. So if
vice-mayor count as one term? No again. The effect here is you interrupt preventive suspension is not voluntary renunciation why are you saying
ELECTION LAW (PRE-MIDTERM) NOTES- ALMONDS COMPILATION Page 24 of 42
now that preventive suspension does not interrupt the term of office. The
SC said that voluntary renunciation is not the only exception there because
if you read the Constitution, voluntary renunciation of office for any length
of time shall not be considered as an interruption in the continuity of the
service. The lawyer there argued that look at the provision seemingly it
seems that the only exception is voluntary renunciation but preventive
suspension, sickness are not voluntary renunciation. You did not choose to RIVERA VS COMELEC
be sick and preventively suspended. But the SC here said that it is not the
only reason that interrupts the term of office for purposes of the three First premise is that the requisites you see which it will count as one
term limit. term is:
1. election
2. full service
Preventive suspension is not a penalty. It is a safeguard so that you will not
influence the evidence against you while you are still in the office but What happened here was he was elected, proclaimed then he fully
suspension as a penalty interrupts. served but at the end of the term his election and proclamation were
voided and it retroacts. In other words, you are not entitled to the
DISQUALIFICATION PRIOR TO TERM END, EFFECT OF public office in the first place so are you now removed in the
contemplation of being elected to public office? The argument is very
LONZANIDA VS COMELEC convincing so it is doubtful on whether or not it counts. How did the SC
resolve that in Rivera vs COMELEC?
COMMENTS:
How was he interrupted? The SC said the argument is convincing it makes a lot of sense.
COMELEC issued a resolution for him to vacate the office prior to the end However, since there is now doubt WON that term counts considering
of term. He was forced to vacate by virtue of writ of execution issued by that one of the requisite is missing. In case of doubt, the doubt should
the court (for municipality). If it’s a city, COMELEC will issue. be resolved in favor of the limitation.
If for example you are subject of a recall election and of course, you want
to prove them wrong because the basis there is “loss of confidence”, you ELECTION PROTEST, EFFECTS OF
want to prove that the people are still behind you, so of course you’ll also
run as mayor, as a matter of fact you have no choice but to run because ABUNDO VS COMELEC
you are the “automatic” candidate in the recall election if you are the one
who is sought in the recall election. Can you say that since you are a COMMENTS:
candidate now that it interrupts your term? Did not this case reiterate the requisites by which you can say that it
counts as a term? What are the requisites?
For example you are the mayor sought to be recalled, can you just say that 1. He is elected for that purpose
2. He fully served that term
to avoid the Comelec from incurring expenses for election, I will resign.
Is that allowed? What do you think is the reason why there are a lot of cases on term
No, it is not allowed because if you are the subject of recall, you are not limit?
allowed to resign. And you have to be forced as a candidate since you are A politician has all the tricks to circumvent the three term limit. They
the automatic candidate. are trying to test the waters.
What if you were disqualified after your term of office? So you will
argue that my election was void from the beginning and so it should
not count as one term. How will you address that?
Summary of these 2 cases: In case of doubt, resolve in favor of limitation.
A recall election cannot bar the candidate from running because it is not
considered an immediate reelection. There is that period of time/ gap that
you are considered a private citizen, in which case, it does not count as one
term.
Clarifications:
You know, a recall petition is tedious/expensive. However, curiously, almost If suspension was not preventive suspension but as a penalty, would
always, if there is a recall election in Palawan, it is granted. But here, when it interrupt the term?
there was a recall election in Danao city. What happened there was the - I remembered the case of Gov. Gwen Garcia. She was suspended on
Durano brothers, and I think it was the Vice-Mayor Durano who initiated, her last term. That suspension was as a penalty and not a preventive
but of course seemingly for the people, a recall petition against the Durano suspension. It was a penalty from the office of the president and not
Mayor. from the ombudsman. Though they have shared concurrent
You must prove that the recall petition is called for/signed by at least 25% jurisdiction. Even if it was a penalty, it does not interrupt the period.
of the voters. We verify whether or not the signatures really belonged to
the voter who signed it by comparing it against our records, one-by-one
(around 40,000-50,000 signatures) and we are not hand-writing experts.
- In the case of Aldovino, it was involuntary – they do not interrupt the
office; prolonged leave of absence, sickness, force majeure, and also
There are boxes labeled as “looks similar”, “does not look similar”. So we
included preventive suspension as a penalty. And to top it all, there is a
just check. That process is very tedious. So after the verification, there are
written opinion issued by the DILG saying that preventive suspension as
still other requirements that have to be complied with.
a penalty does not interrupt the period. It has not been tested in the
The COMELEC will then determine if the petition is sufficient in form and actual case but so far that is the best answer.
substance, then let there be a recall election. But then suddenly, COMELEC
will suddenly say, there is no budget. And curiously, if it is in Palawan, there Premise: preventive suspension does not interrupt since there is no loss
is budget. of title in the office. There is no permanent replacement.
The only ground for a recall election is “loss of confidence”. Same goes with suspension as a penalty. For example Gwen Garcia was
suspended, Agnes Magpale assumed office as acting governor and not as
governor. It was only a temporary replacement. No distinction. It does not
interrupt.
Cancellation and disqualification are two
different things.
Cancellation – ground is material misrepresentation or falsity in the COC. You The 3 term limit is a ground for disqualification.
lied something about CARRL. You never lie about CARRL. So there was no - The ground for cancellation is this – if you lie about CARL (citizenship,
candidate to speak of. age, registration and literacy), if you lie about them, it is a ground for
Disqualification – along the way, the candidate did something that cancellation for material misrepresentation.
disqualified him. - If you exceed the 3 term limit, it is not a qualification but a
- For example: He violated the prescribed size of campaign materials/ he disqualification.
bought votes - Today, the COMELEC received a TRO. Prior to that, we also campaign
- So if he committed an election offense while he was still a candidate and for the biometrics. If no biometrics, your registration may be
he got disqualified with finality, there was still a candidate so he can be deactivated pursuant to RA 10367 – Mandatory Biometrics Law. The SC
replaced. issued the TRO restraining the COMELEC from deactivating voters
ELECTION LAW (PRE-MIDTERM) NOTES- ALMONDS COMPILATION Page 26 of 42
without biometrics. To me, it seems like mooted because we have already
deactivated voters without biometrics last Nov. 16. There is nothing more
to restrain. We are not in the level of finalizing the project of precincts –
final list of polling places for 2016 elections and who are inside these
polling places. It might have expanded the qualifications in the Constitution
because we have said that you cannot impose literary, substantive
requirements in the exercise to right of suffrage. However, the purpose
there is mainly to – in the commission there is a database where by your
fingerprints alone, it will match anywhere in the country. To go away with
the questions as to the identity of the voter. It might be that the SC will say
defer the implementation because suffrage is the bedrock of all republican
institution. The SC might even nullify the biometrics law. You cannot just
disenfranchise the citizen because it is the citizen exercising his sovereign
will. There is a case that even if you are not a registered voter, but you are
qualified to vote, you should be allowed to vote. It is an old case. The trend
is the SC places high premium of primordial consideration in suffrage. You
cannot blame COMELEC since they are just following the law.
ELECTION LAW (PRE-MIDTERM) NOTES- ALMONDS COMPILATION Page 27 of 42
If, as in Legaspi, it was the legitimate concern of a citizen to know if certain Q. Is the rule on special elections absolute in case a vacancy occurs in
persons employed as sanitarians of a health department of a city are civil the Senate or House of Representatives?
service eligibles, surely the identity of candidates for a lofty elective public
office should be a matter of highest public concern and interest.” NO. The rule will depend on the date when the vacancy occurred and the
House where the vacancy originated. If the vacancy occurred in the
The Supreme Court said that if, in that case the people had the right to Senate, irrespective of the date it occurred, the special elections shall be
know whether these are eligible, the public should know the legibility of simultaneous with the next regular elections.
the representatives of the party-list, because otherwise, if they don’t know
the identity of the nominees, it results in blind voting. If the vacancy occurred in the House of Representative, the rule will
depend on the date when it occurred:
Blind voting, here, within the context of this case is, you vote for a party- If vacancy falls inside the one year period prior to the next regular
elections – no more special elections. It shall be done simultaneously with
list without knowing who is going to represent that party list. Blind voting
the next regular elections
is different from block-voting. Do you know what is block voting? Within
If vacancy falls outside the one year period prior to the next regular
the Marcos’ time, it was not considered as block-voting.in other words, if
elections – there will be a special election.
you vote for a party, Marcos’ party at that time was KBL. If you vote for
that party, everybody running under that particular party will get one vote
Q. When shall the special election be held? (For the HREP)
each. When you say Iglesia, that’s not block voting. That’s “Flock voting”.
If vacancy falls outside the one year period before the expiration of the
We really can’t say, whether or not its true that they’ve been doing flock
term:
voting. Even the SWS and Pulse Asia once said that there is no such thing
Not earlier than 60 days nor longer than 90 days after the occurrence of
as a religious vote in the country, except probably Iglesia. Unsa may
the vacancy.
meaning sa probably? We really don’t know for sure.
Art III, Sec 22, Omnibus Election Code
So there is no definition of public concern or public interest right? What xxx
was the contention of COMELEC why at first they refused to divulge the
names of the nominees? They refused on the ground that they don’t want
the voter to vote because of that certain representative. Yeah, because
What happens if there is a permanent vacancy in the district
representatives?
party list participation is about the representation of the marginalized and
If there is a permanent vacancy, if the vacancy is at least 1 year before the
underrepresented sectors. In other words, here, the COMELEC said that
next regular election for Members of Congress, the COMELEC, upon
party list elections is not about the personalities, its about the issues, its
receipt of a resolution of the House of Representatives, certifying to the
about the parties, it’s about the advocacy. According to COMELEC, no need
existence of such vacancy and calling for a special election, shall hold a
to know about the names of the nominees. The Supreme Court said that it
special election to fill such vacancy. If Congress is in recess, an official
will result to blind voting. But did it not that the COMELEC cited their
communication on the existence of the vacancy and call for a special
grounds for not divulging the names?
election by the President of the Senate or by the Speaker of the House of
Representatives, as the case may be, shall be sufficient for such purpose.
Section 7 of RA 7941, “Section 7. Certified List of Registered Parties. The The Member of the House of Representatives thus elected shall serve only
COMELEC shall, not later than sixty (60) days before election, prepare a for the unexpired term.
certified list of national, regional, or sectoral parties, organizations or
coalitions which have applied or who have manifested their desire to
participate under the party-list system and distribute copies thereof to all
And does it count as one term?
Unlike Recall elections, if you are selected for the Senate or House of
precincts for posting in the polling places on election day. The names of the
Representatives, it counts as one term for purposes of applying the three
party-list nominees shall not be shown on the certified list”
term limit rule, no matter how short it is.
There is that particular provision that says that they cannot divulge the
ELECTION LAW (PRE-MIDTERM) NOTES- ALMONDS COMPILATION Page 30 of 42
What happens if the special election occurs within a year from the next
regular elections? Are we going to have that special elections still? How many votes did he obtain? 10 million
The election will be held simultaneously with the next regular elections.
Section 4, RA 7166
xxx
TOLENTINO VS COMELEC
COMMENTS:
There was a vacancy in the Senate, and they held the special elections
together with the regular elections. Petitioners assailed the failure of the
COMELEC to give notice to the special elections.
And in that next regular elections, there is a specific date. And because
there is a specific date, that amounts as a sufficient notice to everybody
that there’s going to be that special election, however, what if it is a special
elections for the house of representatives? If for the House of
Representatives, the notice cannot be dispensed with because there is no
specific date, so the COMELEC sets the date to notify the electorate about
the date otherwise the special elections will be nullified for lack of the
notice requirement.
DAVID VS COMELEC
Term of office and term limit of barangay
COMMENTS: officials is 3 years, not to exceed 3 consecutive
David filed a petition because he wanted to question the term limit for the terms.
barangay officials, because according to him what should apply is the law
that said that the term limit should be 5 years, but there was the new law
under the Local Government Code that say that the term limit of a QUALIFICATIONS
Barangay Official should be 3 years.
Section 39, LGC
Section 39. Qualifications. -
The Supreme Court ruled in favor of COMELEC. They first gave the history
(a) An elective local official must be a citizen of the Philippines; a
of the Barangay, and then they gave the different laws of governing
registered voter in the barangay, municipality, city, or province or, in
barangay officials and they said that before it used to be 6 years, and then
the case of a member of the sangguniang panlalawigan, sangguniang
it was reduced to 5 years. And when this law came, it was reduced to 3
panlungsod, or sangguniang bayan, the district where he intends to be
years, and this is the prevailing law.
elected; a resident therein for at least one (1) year immediately
preceding the day of the election; and able to read and write Filipino
According to David, his contention was that the law allowing 5 years as or any other local language or dialect.
term limit is a special law, and it should be applied. Because the Local
Government Code is a General Law. Lex specialis derogat legi generali. (b) Candidates for the position of governor, vice-governor, or member
of the sangguniang panlalawigan, or mayor, vice-mayor or member of
But the Supreme Court said that the provision there in the Local the sangguniang panlungsod of highly urbanized cities must be at least
Government Code is actually a Special law itself, so it should prevail. Aside twenty-one (21) years of age on election day.
from that, it also expresses the intent of the legislative that they intended
it to be 3 years because the other government officials such as the mayor, (c) Candidates for the position of mayor or vice-mayor of independent
vice mayor, which are superior to the barangay, their term limit is 3 years, component cities, component cities, or municipalities must be at least
so it would be unfair if the inferior, the barangay would have a term limit of twenty-one (21) years of age on election day.
5 years. The Court said if you’re going to harmonize these laws, it should be
the Local Government Code that should prevail and 3 years should prevail. (d) Candidates for the position of member of the sangguniang
panlungsod or sangguniang bayan must be at least eighteen (18) years
Term of office of Local Elective Officials except Barangay officials that shall of age on election day.
be determined by law, shall be 3 years and no such official shall serve more
than 3 consecutive terms. So take note here that somehow it appears that (e) Candidates for the position of punong barangay or member of the
the Constitution is saying that: sangguniang barangay must be at least eighteen (18) years of age on
The term of public elective local official of office is 3 years and election day.
when it says that except for barangay officials as may be determined by
law somehow it creates an impression that it would be any other term (f) Candidates for the sangguniang kabataan must be at least fifteen
of office except 3 years. Right? Seemingly that is the first impression. (15) years of age but not more than twenty-one (21) years of age on
How did the Supreme Court Address that contention? election day.
The Supreme Court said that the Constitutional Commission left that part Section 7, RA 9164
to be decided by the Congress so it’s up to the Congress to decide the term
limit of the barangay officials, and it was decided by the Congress that it
should be 3 years. What it is saying is that it really depends on the WHEN SHOULD YOU POSSESS
Congress. That particular Constitutional Provision did not textually prohibit
Congress from setting the term limit, or the term of office of the elective
FRIVALDO VS COMELEC
barangay officials to any other term except 3 years. Ok? It could be 3 years,
it could be longer, it could be shorter. It all depends on congress. And here COMMENTS:
the Congress legislated that its going with 3 years. So what were the other NOTE: Frivaldo Doctrine no longer applies because, we (COMELEC) are
contentions here? So basically this is a statutory construction case right? very strict insofar as its qualifications. Frivaldo Doctrine, still applies
First, they said there were 2 prior laws that set 5 years of the Barangay however, if you are confronted with a problem, with perfectly similar
officials. Then came the LGC that says its going to be 3 years. Now… Which circumstances in the Frivaldo case.
prevails? The prior law or the subsequent law. As a general rule, the later
law. Who is Frivaldo? He was an anti-Marcos, at the height of the
dictatorship, he fled the country. When Cory Aquino won, he went back
The subsequent law prevails except if it is specifically provided in the law, to the Phils, and ran for governor twice, and won. The on the third time
and if it is a general law that is later than the special law. Even if the prior there was this disqualification.
law are special laws, but here the Supreme Court says that “there is
nothing general about that particular provision in the LGC insofar as the 3 ways in which you re acquire your citizenship?
term of office is concerned of the barangay officials” 1. Direct act of Congress (but many enemies in Congress)
2. Naturalization (it’s a very tedious process)
So when you say 5 years before, now it becomes 3 years, is there 3. Repatriation
inconsistency there? Yeah, definitely there is. Ok you reconcile the
ELECTION LAW (PRE-MIDTERM) NOTES- ALMONDS COMPILATION Page 32 of 42
When Frivaldo filed his COC, was he a natural-born citizen? No. Because replace.
the repatriation process was still ongoing. On the day of elections, was he a
natural born citizen? No. On the day of proclamation? Yes. When he Can Chiz replace her? No, because Chiz is independent. This is to
assumed office? Yes. ensure continuity. Because if you are independent, there is nothing to
continue.
When did he assume office? June 30 2PM. Supposedly the term of office
starts 12nn. So he was late by 2 hours. However, here the SC really Can Duterte replace Dino, despite the fact that Duterte is not PDP
liberalized Frivaldo. This is a very special case, and Frivaldo here, his act of Laban? Yes, because it only takes PDP Laban Party to say the Duterte is
patriotism to the country, and his advanced age factored in the decision of our guy.
the SC.
Residence requirement for voting is not reckoned 6 months prior to
The main issue is: When should you possess citizenship as a qualification? registration, but 6 mos prior to elections. In which case, there is no
such thing as flying voters. Because when you say flying votes, (“dili
How did the SC address that? Sec 39 LGC.
mana sila taga dire”)…. Because even on the day of registration, you are
not a resident of Cebu city, you can register, because take note that the
In the latter part of the law, it specifies when we should possess age rules of the law, the Constitution will say that registration is a mere
requirement. On the day of election. But in the first part of the law, it proposal to vote. You can register, as long as you establish residence 6
merely says, Local Elective Officals. It does not talk about candidates. And months prior to elections. Remember that voter’s registration is
it does not specify when should you possess the qualification of being a conducted more than 6 months prior to elections.
natural-born citizen. The SC used this.
TN: the rules in political law are different from that of succession (civil law). Take note also that NOW under RA 9225 if you want to reacquire
- Here the parents of your adoptive parents can be counted if they are Philippine citizenship take an oath of allegiance that’s ok. But if you
incumbent. want to run for a public office there is another requirement that is you
must execute an affidavit renouncing any and all foreign citizenship. The
- The same way that if your natural parent is incumbent since you are adopted
law says you must execute it at the time of the filing of the COC but
and you sever your ties with him/her you can still run as you are strangers
there is a case here that says BEFORE or prior to filing of the COC.
now in the eyes the law.
e. Fugitives from justice in criminal or non-political cases here or
This is an attempt to prevent political dynasty of course the Congress have not abroad;
yet passed the Anti-Dynasty Bill but would you expect the Congress would
legislate against its interest? I doubt it. Q: How do we define FUGITIVES from justice?
Includes not only those who flee after conviction to avoid
The thing is for example my father is a mayor of Cebu City, I can still run for SK punishment but likewise those who, after being charged, flee to
in Mandaue City because my father and I do not belong to the same avoid prosecution. This definition truly finds support from
jurisdiction so although we are family we are separated by jurisdiction. jurisprudence and it may be so conceded as expressing the
general and ordinary connotation of the term. Remember the
NOW, its 2nd degree. See RA 10742 bottom line here is flight from justice thus you will be covered
here and abroad.
It is also worth mentioning in this connection that under Article IV, Section
FILING OF COC ENOUGH TO 5, of the present Constitution, "Dual allegiance of citizens is inimical to the
national interest and shall be dealt with by law."
MERCADO VS MANZANO
Arty Guji: Labo here invokes that he won by a plurality of votes (2100) and
One-liner: The provision that persons with dual citizenship are prohibited he said that the SC should listen to the will of the people “thunderous
from running or seeking public office must be understood as referring to dual victory” but the SC said its not that loud as opposed to Frivaldo.
allegiance. The mere filing of certificate of candidacy therefore has the effect
of electing Philippine citizenship and renouncing other foreign citizenships Q. Is there a standard by which we can say that you have to have this
and/or allegiances. number of votes so that we can say that the sovereign will have spoken?
There is no standard. Even if you win by only one vote if you are a
Held: Dual allegiance is different from dual citizenship. The former is a result qualified candidate in the first place you are going to win, but if you are
of the intentional act of an individual by some positive act to owe loyalty to disqualified or that you are not a candidate to begin with, even if you win
two or more states, while the latter may be obtained by reason of the cross by let say a 100 000 votes you are going to lose because you are not
applications of the jus soli and jus sanguinis principles. While dual citizenship supposed to be there in the first place.
is involuntary, dual allegiance is the result of an individual’s volition.
The reason behind there is because if you suffer one disqualification
COMMENTS: in so far as CARL is concerned ok; when you lose one qualification
Looking into the Manzano case, when Manzano said that he is an American automatically you cannot be a candidate in any point in time so no matter
national holding an American passport, SC said that it is a mere assertion that how many votes you have you cannot take an oath of office.
he is an American national. Take note of the use of the word nationality, not
citizenship. He is just holding it, not using it. He retains the passport because TN: But if in the COC you lied on something that is not related to
his renunciation of American citizenship is still in the process. He did not CARL i.e. you state that you are a lawyer when you are only a law
surrender his passport at that time. graduate. That misrepresentation does not make you less of a candidate.
You might be liable for perjury because the COC is under oath but it does
If you are dual citizen insofar as this case is concerned, can you run for not disqualify you as a candidate because according to the SC that
public office? Let’s limit to Manzano. Dual citizenship, you’re allowed. misrepresentation is harmless for as long as it does not involve CARL.
What is not allowed is that if you have dual-allegiance. What’s wrong with
dual-allegiance? Firstly, dual-citizenship arises when there are 2 concurrent
laws applying. However, when you have dual-allegiance, that disqualifies THERE MUST BE PERSONAL AND
you because when you run for public office, you should have complete
devotion to country. When you say dual-allegiance that’s being unfaithful.
ROSELLER DE GUZMAN VS COMELEC
One Liner: Filing of a sworn statement is not the only qualification to run
In this case, it was argued that even if Edu Manzano was a dual citizen but
for public office. We must not also do something that will vacate our
at that time before the Bureau of Immigration, he admitted he is an
renunciation.
American Citizen holding an American Passport. How did the SC address
that?
COMMENTS:
The SC said, the fact that he admitted that he is American Citizen in the BOI In connection with Mercado case, upon filing of the COC, that is
and that he holds American passport, these are mere assertions of his enough to effectively renounce your dual-citizenship. But in this case,
American nationality, not citizenship. So prior to the complete termination what is the other requirement? The law says personal and sworn
of his dual-citizenship, if you say I am American, holding American renunciation of any and all other citizenship before any public officer
passport, these are mere assertions of American nationality. or authorized to administer oath. Who is that public officer? Notary
public.
Take note that the steps by w/c you re-acquire citizenship or you abandon
your dual-citizenship, insofar as Manzano is concerned, is no longer What if you just want to renounce your dual-citizenship? Is that
enough. enough? When is personal renunciation of any and all other citizenship
required? If you will run for public office. But if you don’t want to run,
no need.
Whatwere these steps? (personal, sworn statement etc... found in DE
GUZMAN case)
When should you renounce this way? Prior to filing of COC. What about
simultaneously filing with COC? In the language of the law it says prior
LABO VS COMELEC to filing COC, but there is a case that says PRIOR TO or
SIMULTANEOUSLY with filing of COC, you can execute a personal and
One-liner: That foreign naturalization was nullified after a marriage to a sworn renunciation etc.
foreign national declared null and void does not automatically restore dual
citizenship. If Grace Poe was natural-born and she wants to reinstate herself as
natural-born, but by doing so she’s going to execute a certain
Dual allegiance of citizens is inimical to the national interest and shall be dealt document. And by execution of that document, it already amounts to
with by law. Labo claims that his naturalization in Australia made him at worst you doing something. But did we not say, that to be natural born, you
only a dual national and did not divest him of his Philippine citizenship. Such a need not do anything to perfect your Filipino citizenship. How come
specious argument cannot stand against the clear provisions of CA No. 63, here she is doing something, and she can take back her natural-born
which enumerates the modes by which Philippine citizenship may be lost: status? Why?
1. Naturalization in a foreign country What happened here was to establish that if you want to run for public
2. Express renunciation of citizenship office, you need to execute a sworn and personal declaration of any
3. Subscribing to an oath of allegiance to support the Constitution or laws of a and all other citizenship. But here in this case, what happened was her
foreign country, all of which are applicable to the petitioner. renunciation was not notarized and sworn. What was her argument? It
ELECTION LAW (PRE-MIDTERM) NOTES- ALMONDS COMPILATION Page 35 of 42
was mere formality. American citizenship. However, after renouncing his American citizenship,
he used his U.S. passport at least six times.
Is it true that in the deliberations, it said that it is a mere formality? Yes.
But, the SC addressed it when it said to De Guzman, you are right. But your Held: The requirement that the renunciation must be made through an
argument is misplaced because, it is a mere formal requirement. The SC oath emphasizes the solemn duty of the one making the oath of
said yes it is a mere formal requirement, but not within the context of your renunciation to remain true to what he has sworn to. Allowing the
argument. During the deliberation, it is clear that they said that the subsequent use of a foreign passport because it is convenient for the
renunciation is a mere formal requirement. But, when you say formal person to do so is rendering the oath a hollow act. It devalues the act of
requirement, it does not mean that you are not going to follow the taking of an oath, reducing it to a mere ceremonial formality.
formalities involved. It has to be sworn, notarized. When they said it was a
mere formal requirement, it was only because the renunciation must be It must be stressed that what is at stake here is the principle that only
deemed a formal requirement only with respect to the reacquisition of you those who are exclusively Filipinos are qualified to run for public office. If
natural-born citizenship, to override the effect of the principle: that for you we allow dual citizens who wish to run for public office to renounce their
to be natural born, you need not do anything to acquire or perfect your foreign citizenship and afterwards continue using their foreign passports,
natural-born citizenship. So the effect is, kung nahitabo diay na, you can be we are creating a special privilege for these dual citizens, thereby
reinstated as natural-born. effectively junking the prohibition in Section 40 (d) of the Local
Government Code.
Answer (Grace Poe question): So if she was natural-born Filipino, and the
fact she was American citizen. She did (the procedure stated above) to Is there a difference between using and holding an American
renounce her citizenship. Can she do that to reacquire her natural-born passport? Looking into the Manzano case, when Manzano said that he
Filipino citizenship? Yes, even if she did something to perfect her natural- is an American national holding an American passport, SC said that it is
born Filipino citizenship. It is a mere Formality in that context (deemed a a mere assertion that he is an American national. Take note of the use
formal requirement only with respect to the reacquisition of you natural- of the word nationality, not citizenship. He is just holding it, not using
born citizenship, to override the effect of the principle: that for your to be it. He retains the passport because his renunciation of American
natural born, you need not do anything to acquire or perfect your natural- citizenship is still in the process. He did not surrender his passport at
born citizenship), and not a formality that can be done away with. that time.
But in case he already flew before summons were served, this does not
apply. Court has no jurisdiction over his person yet. HOW FILLED
Section 45 (C), LGC
xxx
PERMANENT RESIDENTS IN FOREIGN
Sections 12 and 68, Omnibus Election Code 1. Appointment = vacancy in councilors; co-equals
2. Succession = applies to highest ranking officials (Gov, V-Gov, Mayor, V-
Section 68 mayor)
Any person who is a permanent resident of or an immigrant to a foreign
country shall not be qualified to run for any elective office under this Code, Local chief executive appoints officials, does not apply to all
unless said person has waived his status as permanent resident or immigrant But if governor dies, it is by succession. Succeeded by vice-governor
of a foreign country in accordance with the residence requirement provided Mayor dies, Vice-mayor becomes mayor.
for in the election laws. Vice-mayor dies, first councilor succeeds Vice-mayor (highest ranking
councilor)
So there is vacancy in the office of the councilor = fill out with
CAASI VS CA appointment
But he actually holds a green card. What is the effect of holding a green card?
He has allegiance to that country. Yes and in relation to residency? He is a DATE OF ELECTION
permanent resident of that country and has abandoned his residence/domicile
in our country. Article XVIII, Sections 1, 5, 1987 Constitution
ELECTION LAW (PRE-MIDTERM) NOTES- ALMONDS COMPILATION Page 37 of 42
Section 1. The first elections of Members of the Congress under this deadline. Even if COMELEC may adjust pre-election activities, it must be
Constitution shall be held on the second Monday of May, 1987. done under reasonable conditions.
Except?
ADJUSTMENT OF PERIOD OF PRE- Relatives within the fourth civil degree of consanguinity or affinity
Campaign staff – not more than 1 in every 100 registered voters
AKBAYAN VS COMELEC Held: The right to form association is not absolute. It is subject to
pervasive police power thus may be constitutionally regulated to serve
COMMENTS: important and appropriate public interest.
The ERAP impeachment sparked interest among the youth aged 18-21 but The right to organize remains intact but certain activities are restricted.
they were not able to beat the deadline in voter’s registration schedule so The ban is narrow, not total. It operates only on concerted or group action
they filed a petition asking the SC to extend the voter’s registration and by of political parties. Acting individually, party members may intervene.
doing so they invoked that power of COMELEC which gives the COMELEC
the power to adjust pre-election activities. They said “pre-election What is the purpose of non-partisan character?
activities” include voter’s registration. Barangay is the basic unit or the base of the pyramid of both social and
political structure. It should not be insulated from divisive and debilitating
Voter’s registration may be done everyday except on the prohibited period partisan politics. Barangay officials have legislative and consultative
120 days before the election and 90 days before special election. There is power, Act as agents of neutral community action such as distribution of
even registration on a holiday, Saturdays and Sundays so there is absolutely basic services, Instruments in conducting plebiscites and referenda, Settle
no reason for you not to register except procrastination. local disputes. (Occena v Comelec)
Problem was petitioners filed their petition within the 120-day prohibited COMMENTS:
period and the period they asked for also fell within the 120-day period
prior to elections. Non-partisan = prohibits the participation or intervention of political
party and any organization for that matter. What is prohibited is the
concerted group effort to promote candicacy. Everybody in barangay
SC: Cannot extend registration. Aside from the fact that voter’s registration election is an individual party. Collaboration such as Team Unity / Team
is not the only thing that the COMELEC does. After registration, it also Performance is already a circumvention of the prohibition.
finalizes its projects on precincts, meaning when we finalize the number of
voters in a polling place; when we cluster/merge precincts. Basically, a
polling place consists only of a maximum of 200 voters. But on election Reason for non-partisan character: barangay officials are the first line
day, a polling place may consist of 1000 voters because of clustering. This is of defense, serves as grassroots. They do not only legislate; also
to save cost because we are using PCOS machine. Instead of using 5 PCOS consultative. They even settle disputes. They must be shielded from the
machines for 5 polling places, we only use 1 because of clustering conflicts.
precincts. We also finalize voter’s lists and appoint board of election
inspectors. Voter’s registration is not limited to filing of form; it goes Can the mayor, in his personal capacity, endorse the candicacy of a
through a process. COMELEC works all year round. Do not ask COMELEC to particular punong brgy? You can argue both ways – either on personal
do the impossible and petitioners should be blamed for not beating the capacity or the circumvention. However, in the Omnibus Election Code
ELECTION LAW (PRE-MIDTERM) NOTES- ALMONDS COMPILATION Page 38 of 42
Sec 38, it says, “Nothing in this section, however, shall be construed as in
any manner affecting or constituting an impairment of the freedom of COMELEC EN BANC
individuals to support or oppose any candidate for any barangay office.”
BENITO VS COMELEC
In case of doubt, you rule in favor of the preferred freedom of expression.
It was also argued here that non-partisan character violates right to form Who postpones elections?
association. The Commission sitting en banc by a majority vote of its members, motu
proprio or upon verified petition by any interested party, after due notice
But SC said, this does not take away the right to associate, it only limits, and hearing where all the interested parties are afforded equal
prohibiting the concerted group effort to promote candicacy. opportunity to be heard.
COMMENTS:
GROUNDS: must be serious FAILURE OF ELECTION, GROUNDS
Loss or destruction of election paraphernalia or records (e.g. official
ballots, election returns, voter’s list). But COMELEC may improvise e.g. Section 6, Omnibus Election Code
when ballots are delayed, we can borrow ballots from other barangays. Sec. 6. Failure of election.- If, on account of force majeure, violence,
COMELEC is empowered to make snap judgments on election day terrorism, fraud, or other analogous causes the election in any polling
Especially during automated elections. I said earlier that that ballots place has not been held on the date fixed, or had been suspended before
are polling place specific. What if all the ballots for a certain place was lost? the hour fixed by law for the closing of the voting, or after the voting and
There cannot be an election there. Election paraphernalia was lost. That’s during the preparation and the transmission of the election returns or in
the problem with automated elections.
the custody or canvass thereof, such election results in a failure to elect,
Force majeure = e.g. earthquake last October 2013. Voting Centers (public
and in any of such cases the failure or suspension of election would affect
schools) suffered damage so barangay election was postponed.
the result of the election, the Commission shall, on the basis of a verified
petition by any interested party and after due notice and hearing, call for
Q. What is the process of postponement of election?
the holding or continuation of the election not held, suspended or which
1. Motu proprio by the Comelec or upon a verified petition by any interested
resulted in a failure to elect on a date reasonably close to the date of the
party
election not held, suspended or which resulted in a failure to elect but not
2. Due notice and hearing where all parties are afforded equal opportunity to
later than thirty days after the cessation of the cause of such
be heard
postponement or suspension of the election or failure to elect.
Section 4, RA 7166
Section 4, RA 7166
Section 2, RA 6679
R.A. 7166 Sec. 4. Postponement, Failure of Election and Special Elections.
The postponement, declaration of failure of election and the calling of
MONTESCLAROS VS COMELEC special elections as provided in Sections 5, 6 and 7 of the Omnibus
Election Code shall be decided by the Commission sitting en banc by a
If the ground is not one of those enumerated, the Comelec cannot postpone, majority vote of its members. The causes for the declaration of a failure of
it merely recommends, as when it is operationally very difficult to election may occur before or after the casting of votes or on the day of
simultaneously hold the barangay and SK elections, legislative action to the election.
amend the law resetting the election is required.
In case a permanent vacancy shall occur in the Senate or House of
Representatives at least one (1) year before the expiration of the term,
POSTPONEMENT OF ELECTION, the Commission shall call and hold a special election to fill the vacancy not
earlier than sixty (60) days nor longer than ninety (90) days after the
ELECTION LAW (PRE-MIDTERM) NOTES- ALMONDS COMPILATION Page 39 of 42
occurrence of the vacancy. However, in case of such vacancy in the Senate,
the special election shall be held simultaneously with the succeeding regular Facts: A mayor was proclaimed winner after obtaining a majority of 24,
election. 000 votes. But the second placer petition to declare failure of election due
to fraud, violence, threat, intimidation, vote-buying and delay in the
Q. What are the grounds for declaration of failure of election? delivery of election documents and paraphernalia.
1. Force majeure Missing names of registered voters
2. Violence More than half of the registered voters failed to vote because
3. Terrorism others voted for them.
4. Fraud He was credited with less votes than he actually obtained.
5. Other analogous causes the election in any polling place was not Control data of election returns were not filled out in some polling
held. places.
Q. What are the 3 instances where a failure of election may be declared? Held:
1. Election in any polling place was not held on the fixed date on These grounds do not warrant failure of election as none of them fall
account of force majeure, terrorism, fraud, violence and other analogous under the three instances where failure of election may be declared.
cases. Missing name’s in voter’s list – remedy is inclusion or exclusion or
2. Election in any polling place had been suspended before the close of annulment of book of voters.
voting on account of force majeure, terrorism, fraud, violence and other
analogous cases
3. After voting and during preparation and transmission of election
returns or inter custody of canvass, such election results in failure to elect on
COMMENTS:
the same grounds. After finalization of voter’s list, we publish or post it outside the
COMELEC office. We also give copies to political parties way before
Somehow it does not apply to automated elections. But there are instances election. They know already the list.
that it can still apply, like for example you are in a mountain barangay, the
signal is not that strong. What they (teachers) do is they bring the memory If indeed some of the names are missing and they should be there
card to the canvassing area. What if along the way, somebody else takes it? in the first place, remedy is file for inclusion (to include somebody who is
That’s why it can still apply. excluded by the ERB) or exclusion (if ERB approved the application of a
voter despite the fact that he or she does not possess all the
Q. Sir, how about during election and there still people lining up but its qualifications) or annulment of book of voters (when book of voters was
already 5pm. Are they still allowed to vote? not prepared according to law or contains statistically improbable data).
If the deadliest deadline is 5pm. If for example, if there are areas where Have these remedies before the election. Do not complain during or after
people are still queuing within 30 meters towards the polling place. What we election. These remedies won’t be available. They are lost forever.
do is we ask their names, jot them down tell them to wait for their turn to
votes. Our goal is not to disenfranchise the people. It happens when you fail to vote for two consecutive elections, your
votes will be deactivated. The COMELEC informs you of the deactivation of
your votes only after the deactivation not before as what the law says.
COMMENTS:
Election starts at 7AM. For purpose of counting, Barangay elections is considered regular
For manual elections, it ends at 3PM. except SK.
If prior to 3PM, it was suspended already, it gives rise to a ground for
failure of elections. TN: Since a copy of the complete list of voters is published in the
For automated elections, we extended the voting hours until 5PM. In 2013, Comelec website and posted in the bulletin of the Comelec.
extended further to 7PM to accommodate everybody (thousand voters in a
polling place). You’ll think it is unfair, but no it is not unfair because the remedy is
not Failure of Election but Election Protest. But the problem is Election
protest takes a lot of time and it might be resolved after term of office.
MITMUG VS COMELEC
Facts: Voter turnout for the election was very low. Only 2,330 out of 9,830 More than half of the registered voters failed to vote because others
registered voters therein cast their votes. Upon Other candidates filed voted for them – remedy is challenge the identity of the voter during
separate petition for the declaration of failure of election in some or all inside the polling place (ROLE OF WATCHERS)
precincts.
COMMENTS: challenge in writing, in English. But in highly
Held: Even if less than 25% of the electorate in the questioned polling places urbanized cities, there is already a picture and thumb mark of the voter.
cast their votes, it must still be respected. Low turnout does not result in Teacher only verifies. Presumption of regularity. Voter’s ID is not
failure of elections. It only means no interest on the part of the people to needed to vote. Only needed when one’s identity is challenged. May
vote. present any other valid ID, for that matter.
The law does not require majority of voters cast their votes, mere plurality of Less votes – should have been raised before the BEI that counted the
votes is enough for a candidate to be proclaimed a winner votes. So BEI can rectify.
TN: Manifest error readily seen by the naked eye – raise that before the
Board of Election Canvassers that counted the votes)
CANICOSA VS COMELEC
Control data of election returns were not filled – should have been
Late election returns is not a ground for failure of election. That the raised before the Board of Canvassers that canvassed the election
election returns were delivered late and the ballot boxes brought to the office returns.
of the Municipal Treasurer unsecured, i.e., without padlocks nor self-locking
metal seals cannot impel us to declare failure of election. The late deliveries
did not convert the election held in Calamba into a mockery or farce to make COMMENTS: But even if raised, it would not matter for it
us conclude that there was indeed a failure of election. does not affect the integrity of election. Control data has serial
ELECTION LAW (PRE-MIDTERM) NOTES- ALMONDS COMPILATION Page 40 of 42
numbers and has statistics. Teachers sometimes fail to fill up the statistics The power to nullify an election must be exercised with greatest care as
such as total number of registered voters, total number of those who not to disenfranchise voters. (Ruiz v Comelec)
actually voted, males, females. Failure to fill these up does not affect the
integrity of election returns. Election returns contain the votes counted. To declare failure of elections should be the last resort.
Names of candidates have corresponding number of votes then thumb
marked by the teachers. Sometimes, they fail to place their thumb marks.
Even the signatures of watchers are not required. They are mere BATABOR VS COMELEC
circumstantiality. With or without the signatures of watchers, election is
valid. However, there are election returns which are completely filled up by Facts: Proclamation of one position was sought to be annulled on the
meticulous teachers. Then, one will object because the election ballot is ground of failure of election.
immaculately clean. It is spurious, too good to be true. A mere formal
defect does not affect integrity. Held: Failure of election necessarily affects all elective positions in the
place where elections failed. To hold otherwise is discriminatory and
Unsecured ballot boxes - a mere defect that does not affect their integrity violates equal protection clause. We cannot take out one position if
exposed to the same ground.
COMMENTS: A ballot box has 3 padlocks. Sometimes teachers
lose one padlock or two. Sometimes they borrow padlocks from watchers.
So others will contest the security of ballot boxes. They say that the SARDEA VS COMELEC
padlocks are not the prescribed COMELEC padlocks. However, this does not
affect integrity. We don’t care about the ballot boxes after the counting Facts: While the canvassing of the election returns was going on, some
because it does not contain the official ballots anymore. It contains the sympathizers of a defeated mayoralty candidate stormed the municipal
counted ballots already. For canvassing, the election returns matters, not building and destroyed all election materials and paraphernalia including,
the ballot boxes. among others, the copies of election returns furnished to respondent
Board.
Late election returns – not a ground for failure.
COMMENTS: It is possible that the election returns will be The Municipal Board of Canvassers convened and assessed the extent of
delayed e.g. those from the mountain barangays, island barangays. This is the damage wrought by the demonstrators. It discovered that the election
for the manual elections. If it were automated, as long as there is signal returns in the possession of the MTC Judge were intact, so it ordered the
wherever you are, you can transmit the data. retrieval of said election returns for use in the canvass. Several people
filed a petition to declare a failure of election.
Q. What are the two requisites for the en banc to act on a verified petition
to declare failure of election? Held: The pre-conditions for declaring a failure of election are:
1. No voting took place in the polling places on the date fixed by law (1) no voting has been held in any precinct or precincts because of force
2. The votes that were not cast affect the result of elections majeure, violence or terrorism
(Mitmug v Comelec, Benito v Comelec) (2) the votes not cast therein suffice to affect the results of the elections.
The language of the law clearly requires the concurrence of these two
COMMENTS: circumstances to justify the calling of a special election.
For example, we have 4 polling places - 405, 406, 403, 407. We are a small
barangay. Number of voters – 250, 260, 270, 280. No voting happened in The destruction and loss of the copies of the election returns intended for
one polling place. Election paraphernalia, voter’s lists are lost. No ballot the Municipal Board of Canvassers on account of violence is not one of
boxes, no election returns. No voting for the 280. the causes that would warrant the declaration of a failure of election
because voting actually took place as scheduled and other valid election
If candidate A got 700 votes and B obtained 80 votes. Is there failure of returns still existed. Moreover, the incident did not affect the result of the
elections? NONE. Because even if we let the 280 vote, it is statistically election.
improbable for B to overcome the votes for A. Special election will be
useless. B is a sure loser because of A’s lead. For as long as there is voting, regardless of number, there is no failure of
election. It only fails if the sovereign will has been muted and cannot be
But if the votes not cast will affect the elections, we can by all means have ascertained. If the will of the people is determinable, it must be
special elections. So, first declare failure of elections then have special respected.
elections.
BENITO VS COMELEC Held: Losing candidates were given every opportunity to oppose the
manual count. They were orally heard and submitted written position
Facts: Rival Mayoralty candidate won by 48 votes. Losing candidate then filed papers and their representatives escorted the transfer of ballots to Manila
a petition to declare failure of election in precincts 3 precincts: 15A, 6A/6A1 and watched the manual count from the beginning to the end.
and 17A.
COMELEC is given the broad power to "enforce and administer all laws
Allegedly, five election precincts were clustered namely, precincts 15A, and regulations relative to the conduct of an election, plebiscite, initiative,
6A/6A1, 17A, 2A/2A1 and 13A. On election day, voting was disrupted before referendum and recall". This provision gives COMELEC all the necessary
noon by armed men. The voting resumed an hour after the firing occurred. powers for it to achieve the objective of holding free, orderly, honest,
peaceful and credible elections. Embraced therein is the power to order a
Notwithstanding the turn of events, the ballot boxes for the 5 precincts were manual count where automated counting fails. Furthermore, R.A. No.
taken together with those from the 19 other precincts for counting. The votes 8436 did not prohibit the manual counting when machine count does not
from precincts 15A, 6A/6A1 and 17A were excluded upon objection by losing work.
candidate's counsel who, it is claimed, arrived only after the ballots from the
other 19precincts had already been tabulated.
CARLOS VS ANGELES
Considering that rival candidate would still lead petitioner by 7 votes even if
Facts: The Municipal Board of Canvassers, proclaimed petitioner Carlos as
all 41 votes from the 3 excluded precincts were counted in the latter's favor,
the duly elected mayor of Valenzuela having obtained 102,688 votes, the
his rival candidate was proclaimed mayor.
highest number of votes, over that of respondent Serapio who obtained
77,270 votes.
Losing candidate filed a petition to declare failure of election and to call a
Respondent filed with the RTC an election protest challenging the election
special elections in precincts 15A, 6A/6A1 and 17A.
results. RTC rendered its decision and set aside the final tally of valid votes
because of its finding of "significant badges of fraud”.
Held: It is odd that Benito singled out only 3 precincts when there were 2
other precincts in the same school threatened by armed men. There was no
Despite the plurality of valid votes in favor of protestee Carlos, the trial
objection raised to the count of votes in the said two precincts during the
court set aside his proclamation and declared protestant Serapio as duly
counting of votes at the counting center. So why a selective objection to the 3
elected mayor of Valenzuela City.
precincts herein?
Held: In a petition to annul an election under Section 6, Batas Pambansa
Further, there cannot be a failure of election in a political unit if the will of the
Blg. 881, two conditions must be averred in order to support a sufficient
majority has not been defiled and can be ascertained, as in the case at bar. All
cause of action: (1) the illegality must affect more than 50% of the votes
the law requires is that a winning candidate must be elected by a plurality of
cast and (2) the good votes can be distinguished from the bad ones.
valid votes, regardless of the actual number of ballots cast. Thus, even if only
1 out of 177 voted in a polling place, there is still no failure of election
It is only when these two conditions are established that the annulment of
provided there is notice.
the election can be justified because the remaining votes do not
constitute a valid constituency.
Note: As long there is notice, no turn-out in a precinct does not mean a failure
of elections. For all you know, all others had no interest to cast their votes.
Assuming that the trial court was correct in holding that the final tally of
The power to nullify elections must be exercised with greatest care so not to
valid votes as per revision report may be set aside because of the
disenfranchise the electorate. In short, the power to declare failure of
"significant badges of fraud," the same would be tantamount to a ruling
election must be the last remedy.
that there were no valid votes cast at all for the candidates, and, thus, no
winner could be declared in the election protest case. In short, there was
LOONG VS COMELEC failure of election. In such case, the proper remedy is an action before the
Commission on Elections en banc to declare a failure of election or to
Facts: Automated elections systems was used for the regular elections held in annul the election. However, the case below was an election protest case
ELECTION LAW (PRE-MIDTERM) NOTES- ALMONDS COMPILATION Page 42 of 42
involving an elective municipal position which, under Section 251 of the
Election Code, falls within the exclusive original jurisdiction of the appropriate
RTC.
COMMENTS:
Canvass is when we consolidate results from all polling places. If there is
protest, there will be physical count, looking into who is voted for without
first determining whether that vote counts. Revision is equivalent to the RTC’s
ballot appreciation. Appreciation is determining whether the particular vote
can be counted for the candidate. Manual elections have nuisances. E.g.
RONULO. Then, you might vote for ROMULO. Wrong spelling. But, there is a
principle in ballot appreciation “sounds alike are counted”. After revision, he is
still the winner. But RTC said his victory was attended by badges of fraud e.g.
unsecured ballot boxes and BROWN OUT. Suddenly, results were changed.
SC said RTC cannot nullify votes on the ground of significant badges of fraud
because you are actually circumventing the jurisdiction of the COMELEC en
banc. RTC judge cannot declare failure of election in the guise of voiding
proclamation.