ELECTION LAW b.
Any person adjudged by final judgment by a
SUFFRAGE is the means by which people express their
sovereign judgment. It is traditionally understood as the right
to vote in election of officers chosen by, and in the
determination of questions submitted to the people. It includes
election, plebiscite, initiative, and referendum.
QUALIFICATION OF VOTERS
1. Citizenship
2. Age – at least 18 years of age
3. Residence – at least one year in the Philippines and in
the place where they propose to vote at least six
months immediately preceding the election.
4. Should not be disqualified by law
DISQUALIFIED TO REGISTER
a. Any person sentenced by final judgment to suffer
imprisonment of not less than one year, such
disability not having been removed by plenary
pardon or amnesty. But such disqualification is
removed by expiration of five years after service or
sentence.
b. Any person adjudged by final judgment by a
competitive court or tribunal of committing any
crime involving disloyalty to duly constituted
government or any crime against national security.
But such disqualification is removed upon expiration
of five years after service of sentence.
c. Insane or incompetent persons declared as such by
competent authority unless subsequently declared by
proper authority that such person is no longer insane
or incompetent.
MANNER OF REGISTRATION
Application for registration is personally filed in the office of
the election officer. Before the issuance of application form,
applicant states his or her name and exact address, specifying
house number, name of street, area where he or she resides, or
a brief description of his or her residence and presents
identification document.
DEACTIVATION OF REGISTRATION
It is the action of the ERB to remove registration records from
the corresponding precinct book of voters and placing them in
the inactive file.
Grounds for Deactivation:
a. Any person sentenced by final judgment to suffer
imprisonment of not less than one year, such
disability not having been removed by plenary
pardon or amnesty. But such disqualification is
removed by expiration of five years after service or
sentence.
competitive court or tribunal of committing any
crime involving disloyalty to duly constituted
government or any crime against national security.
But such disqualification is removed upon expiration
of five years after service of sentence.
c. Any person who did not vote in the two consecutive
preceding regular elections are shown by their voting
records. (Regular elections do not include the SK).
d. Any person whose registration has been ordered
excluded by the court.
e. Any person who has lost Filipino citizenship.
f. Voters who fail to submit for validation on or before
the last day of filing of application for registration.
VOTER EXCLUSION PROCEEDINGS
Any registered voter, representative of a political party or the
Election officer, may petition the court to exclude a voter from
the permanent list of voters giving the name, address and the
precinct of challenged voter at any time except 100 days prior
to regular election of 65 days before a special election. The
petition is accompanied by proof of notice to the ERB and to
the challenged voter and is decided within 10 days from its
filing.
VOTER INCLUSION PROCEEDINGS
Any person whose application for registration has been
disapproved by the ERB or whose name has been stricken out
from the list may petition the court to include his or her name
in the permanent list of voters in his or her precinct at any time
except 105 days prior to a regular election or 75 days prior to a
special election. It is supported with a certificate of
disapproval of application and proof of service of notice of
petition upon the ERB. It is decided within 15 days after its
filing.
INCLUSION AND EXCLUSION FILED
It is filed at the MTC that has original and exclusive
jurisdiction over cases of inclusion and exclusion of voters in
their respective cities and municipalities. Its jurisdiction over
exclusion proceedings is limited to determine right of voter to
remain in the list of voters or to declare him or her not
qualified to vote. It has no power to transfer place of
registration of voter as it pertains to the ERB. The only effect
of exclusion is to order the ERB to remove name of voter from
the list.
OVERSEAS ABSENTEE VOTING refers to the process by
which qualified Filipino citizens abroad exercise their right to
vote.
An immigrant or permanent resident recognized by the host
country is disqualified to vote unless upon registration, he or
she executes and affidavit to resume actual physical permanent
residence in the Philippines not later than three years from
approval of registration.
Those who lost Filipino citizenship in accordance with
Philippine laws or, who expressly renounced Filipino
citizenship and who pledged allegiance to a foreign country or
convicted in a final judgment by a court or tribunal of an
offense punishable by imprisonment of not less than one year,
including disloyalty not having been removed by plenary
pardon or amnesty. But the right to vote is automatically
acquired upon expiration of five years after service of
sentence.
It also includes any Filipino citizen abroad previously declared
insane or incompetent by competent authority in the
Philippines or abroad. Unless certified by such competent
authority that such person is no longer insane or incompetent.
LOCAL ABSENTEE VOTING refers to a system of voting
where the government officials and employees and members
of media who are duly registered voters, are allowed to vote
for President, VP, Senators and Party List Representatives, in
places where they are not registered voters but where they are
temporarily assigned to perform election duties on election
day.
DETAINEE VOTING is the process by which a registered
detainee voter, whose registration record is not transferred,
deactivated, cancelled or deleted, may still exercise his right to
vote.
A detainee is defined as;
a. Confined in jail, formally charged for any crime/s
and awaiting/undergoing trial
b. Serving a sentence of imprisonment for less than one
year
c. Whose conviction of a crime involving disloyalty to
the duly constituted government such as rebellion,
sedition, violation of the firearms laws or any crime
against national security or for any other crime is on
appeal.
Certificate of Candidacy refers to a formal manifestation to
the whole world of candidate’s political creed or lack of it. It
is a statement of a person seeking to run for public office
certifying he is eligible for it and the document that formally
accords upon a person status of a candidate. Without a valid
certificate of candidacy, one is not a candidate.
DISQUALIFICATION OF CANDIDATES
A petition for disqualification is subject to summary hearings
– administrative and summary in character.
Constitutional Disqualification. Non-possession of any
qualifications for the office and term limit prescribed under
the 1987 Constitution is disqualified.
Disqualification Acts under Omnibus Election Code (OEC).
a. Giving of money or other consideration to influence,
induce or corrupt voters or public officials
performing electoral functions
b. Committed acts of terrorism to enhance his candidacy
c. Spent in election campaign in excess of allowable
amount
d. Made any prohibited contribution like when a
candidate gives, free of charge, directly or indirectly,
transportation, food and drinks during and after
meeting.
e. Made any prohibited solicitation and receipt of
contribution from public or private financial
institutions
f. Violated other provisions of the OEC as removal,
destruction, obliteration, in any manner defacement
or tampering or prevention of distribution of lawful
election propaganda
g. Permanent resident of or any immigrant to a foreign
country
h. Nuisance candidates
i. Commission of false material representation in the
certificate of candidacy.

CANDIDACY Disqualification under the Local Government Code of 1991

Candidate refers to any person aspiring for an elective public a. Moral turpitude – everything done contrary to justice,
office, who filed a certificate of candidacy by himself or modesty or good morals.
through an accredited political party, aggroupment, or b. Removal from office
coalition of parties and who has not died, withdrawn his c. Conviction by final judgment
certificate of candidacy, had his certificate of candidacy d. Dual citizenship
denied due course or cancelled, or has been otherwise e. Fugitive from justice
disqualified before start of campaign period for which he or f. Permanent residents in a foreign country
she filed his or her certificate of candidacy. g. Insane or feebleminded
h. Ecclesiastics

QUALIFICATION OF CANDITATES Disqualification under the Lone Candidate Law

No person is elected to public office unless he or she is a (1)
Filipino citizen, of (2) sufficient age, (3) resident, (4)
registered as a voter and (5) able to read and write.
The public has the right to be informed on the mental, moral
and physical fitness of candidates for public office.
Disqualification under the Revised Penal Code
One who is rendered infamous by conviction of a
felony or other base offense indicative of moral turpitude, is
unfit to hold public office.
EFFECT OF FILING OF CANDIDACY
Purpose is to enable the voters to know the candidates among
whom they choose and to avoid confusion and inconvenience
in the tabulation of vote cast.
Who may file it? How?
Since its receipt is ministerial, any person may file it
subject to the subsequent determination of constitutional and
statutory qualifications or disqualifications for election. It is
filed by the aspirant personally or through a duly authorized
representative with a sworn and signed authority to file
certificate of candidacy.
When to file?
The period to file should not be later than the day
before the date legally fixed for start of campaign period.
Certificates file beyond the period to file are not accepted.
Effect of filing by public officers.
Any person holding public appointive office or
position is considered ipso facto resigned and must vacate it
upon filing certificate of candidacy. But any person holding an
elective position or office is not considered resigned upon
filing of candidacy.
SUBSTITUTION OF CANDIDATE – if after the last day to
file certificates of candidacy, an official candidate registered
or accredited political party dies, withdraws or disqualified for
any cause, only a person belonging to, and certified by, the
same political party may file a certificate of candidacy to
replace the candidate who died, withdrew, or was disqualified.
Substitution is proper only when substituted is disqualified
because he was considered candidate until ordered
discontinued. But a candidate whose certificate of candidacy
was cancelled based on misrepresentation of residence cannot
be substituted as he was not a candidate to begin with.
WITHDRAWAL OF CANDIDACY – any candidate may
personally file, at any time before the election day a sworn
statement of withdrawal, in five original copies, with the
office where the certificate of candidacy was filed. But the
Supreme Court ruled that there is nothing in the law which
mandates affidavit of withdrawal must be filed with same
office where the certificate of candidacy to be withdrawn was
filed. It can be filed directly with any office of the
Commission on Elections.
May a candidate who withdrew be substituted? YES, a
candidate who withdrew after the last day to file certififcate of
candidacy may be substituted by a candidate belonging to and
nominated by, the same political party or coalition.
May an independent candidate who withdrew be substituted?
NO substitute is allowed for any independent candidate.
NUISSANCE CANDIDATE refers to one who files
certificate of candidacy to put election process in mockery or
disrepute or to cause confusion among voters by similarity of
names of the registered candidates or by other circumstances
or acts which clearly demonstrate that the candidate has no
bona fide intention to run for the office for which the
certificate of candidacy has been filed and prevent faithful
determination of the true will of the electorate.
DUTIES OF COMELEC
The Commission has express, implied and inherent powers. In
performing administrative and quasi-judicial functions, it
exercises all such powers and functions expressly vested upon
it by the Constitution and by law.
a. Exercise direct and immediate supervision and
control over national and local officials.
b. Authorizes any members of the AFP, PNP, NBI to
act as deputies to ensure holding of free, orderly and
honest elections.
c. Promulgate rules and regulations implementing the
provisions of EOC or other laws that the Commission
is required to enforce and administer.
d. Summon parties to a controversy pending before it
e. Punish contempt provided in the Rules of Court in
the same procedure and with penalties provided in it.
f. Enforce and execute its decisions, directives, orders
and instructions
g. Prescribe forms to be used in the election, plebiscite
or referendum
h. Procure any supplies, equipment, materials
i. Prescribe use of adoption of latest technological and
electronic devices.
j. Carry out continuing and systematic campaign
through newspapers of general circulation.
k. Enlist non-partisan group or organizations of citizens
l. Conduct hearings on controversies pending before it
m. Fix other reasonable periods for certain pre-election
requirements
CANCELLATION OF CERTIFICATE CANDIDACY
Any registered voter or duly registered political party
organization, may file verified petition to deny or cancel
certificate of candidacy on exclusive ground that any material
representation contained in the certificate of the candidacy as
required by law is false.
It is summarily dismissed if the petition alleges any
ground other than falsity or material misrepresentation, or
grounds for disqualification, or combining grounds for a
separate remedy.
Disqualification vs Ineligibility – Disqualification aimed to bar
an individual from becoming a candidate or from continuing
as a candidate for public office. Ineligibility refers to lack of
qualifications prescribed in the Constitution or the statutes for
holding public office and the purpose of proceedings to
declare ineligibility is to remove the incumbent form office.
PETITION FOR DISQUALIFICATION
Any registered voter or nay duly registered political
party, may file a petition to disqualify a candidate on ground
the candidate on ground the candidate, in action or protest in
which he is a party, is declared by final decision of a
competent court, guilty of, or found by the Commission to
suffer from any disqualification provided by law or the
Constitution. It is filed any day after the last day to file
certificates of candidacy, but not later than the date of
proclamation.
A petition to disqualify a candidate invoking grounds
for petition to deny or cancel certificate of candidacy or
petition to declare a candidate as nuisance, or their
combination, is summarily dismissed.
Nature of Proceedings
A petition for disqualification is subject to summary hearings
– administrative and summary in character. The hoary rule is
that due process does not mean prior hearing but only
opportunity to be heard. Technical rules of evidence are not
rigorously applied in the administrative proceedings.
FAILURE OF ELECTION
Elections only fail when the will of the electorate has
been muted and cannot be ascertained. If the will of the people
is determinable, the same must as far as possible be respected.
What fails election?
The grounds to declare failure of election are force
majeure, violence, terrorism, fraud, or other analogous causes
the election in any polling place was not held on the date
fixed. These causes may occur before or after casting of votes
or on election days.
Three instances where failure of election may be declared:
a. Election in any polling place was not held on the
fixed date on account of force majeure, terrorism,
fraud, violence, and other analogous causes
b. Election in any polling place had been suspended
before close of voting on account of force majeure,
violence, terrorism, fraud and other analogous causes
c. After voting and during preparation and transmission
of election returns or in their custody or canvass, such
election results in failure to elect on account of force
majeure, violence, fraud, terrorism and other
analogous causes.
Remedies for failure of election
The en banc, on the basis of a verified petition by any
interested party and after due notice and hearing, calls for the
holding or continuation of the election not held, suspended or
which resulted in a failure to elect.
When is a special election after failure of election?
On the date reasonably close to date of election not
held, suspended or which resulted in failure to elect but not
later than 30 days cessation of cause of such postponement or
suspension of election or failure to elect.
Dissemination of notices for the scheduled special
election should be distributed given an ample time and should
not be a one day of notice since it’s insufficient.
PRE-PROCLAMATION CONTROVERSY
Any question that pertains of affects canvassing proceedings
which may be raised by any candidate or registered political
party or coalition of political parties before the BOC or
directly with the Commission, or any matter raised under
certain sections in the OEC relative to the preparation,
transmission, receipt, custody and appreciation of electoral
returns, as when they are either delayed, lost or destroyed,
suffer material defects or discrepancies or appear to be
tampered with or falsified.
ELECTION PROTEST refers to election contest relating to
election and returns if elective officials. It proposes to oust
winning candidate from office. It is strictly a contest between
defeated and winning candidates, based on grounds of
electoral fraud and irregularities, to determine who between
them obtained majority of legal votes cast and is entitled to
hold the office. It can only be filed by a candidate who has
duly filed a certificate of candidacy and has been voted for in
the preceding elections.
QUO WARRANTO refers to an election contest relating to
qualifications of an elective official on ground of ineligibility
or disloyalty to the Republic, to unseat ineligible person from
office, but not to install petitioner in his place.
Ineligibility refers to lack of constitutional or statutory
qualifications to hold public office and the purpose of
proceedings to declare ineligibility is to remove the incumbent
from office.
Disloyalty is committed by public officers or employees who
fail to resist rebellion by all the means in their power, or by
continuing to discharge duties of their offices under the
control of the rebels or by accepting appointment to office
under them.