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Based on the Book: Outline Reviewer in Political Law by A.

Nachura
Supplemental Sources: Tanya Notes, UST QuAMTO 2016

TOPIC 1 2. who are at least eighteen years of age,


Article V 3. Resident of the Philippines for at least 1 year immediately
SUFFRAGE preceding the elections
4. Resident of the place where he proposes to vote at least 6
months immediately preceding the election
I. GENERAL PRINCIPLES
5. No literacy, property, or other substantive requirement shall
be imposed on the exercise of suffrage.
A. Definitions.
1. Suffrage: the right to vote in the election of officers chosen by the (See the fourth requisite abovementioned) What if the person is to
people and in the determination of questions submitted to the people. transfer to another city, municipality or country, SOLELY BY
Includes within its scope: election, plebiscite, initiative and referendum. REASON OF HIS OCCUPATION, does he lose his original
residence?
2. Election: the means by which the people choose their officials for a NO. According to Sec 117 of BP 881, any person who transfers
definite and fixed period and to whom they entrust for the time being residence to another city, municipality or country solely by reason of
the exercise of the powers of government. his occupation, profession or employment in private or public service,
education, etc., shall not be deemed to have lost his original residence.
Kinds:
a) Regular: one provided by law for the election of officers either Should the six-month residency requirement be prior to
nationwide or in certain subdivisions thereof, after the expiration of the registration?
full term of the former officers. No, the requirement of 6 months residence is not necessarily prior to
b) Special: one held to fill a vacancy in office before the expiration of registration; it is only necessary prior to election. This is because
the full term for which the incumbent was elected. registration is merely a proposal to vote.

CONSTITUTIONAL BASIS OF SUFFRAGE MAKALINTAL VS COMELEC


The execution of the affidavit itself is not the enabling or enfranchising
Article V, Section 1, 1987 Constitution act. The affidavit required is not only proof of the intention of the
Suffrage may be exercised by all citizens of the Philippines, not immigrant or permanent resident to go back and resume residency in
otherwise disqualified by law, who are at least 18 years of age, and the Philippines, but more significantly, it serves as an explicit
who shall have resided in the Philippines for at least one year and in expression that he had not in fact abandoned his domicile of origin.
the place wherein they propose to vote for at least 6 months
immediately preceding the election. No literacy, property or other B. WHO ARE DISQUALIFIED FROM VOTING? (Sec. 118, BP 881)
substantive requirement shall be imposed on the exercise of suffrage.
1. Any person sentenced by final judgment to suffer
imprisonment for not less than one year (unless granted a plenary
CONSTITUTIONAL MANDATE ON CONGRESS pardon or an amnesty); but right is reacquired upon the expiration of 5
[SEC. 2, ART. V, CONSTITUTION]: years after service of sentence.
1. To provide a system for securing the secrecy and sanctity of the
ballot, and for absentee voting by qualified Filipinos abroad. 2. Any person adjudged by final judgment of having committed
any crime involving disloyalty to the government or any crime
a) Sec. 12, R. A. 7166 provides for absentee voting, but is against national security (unless restored to full civil and political
applicable only to the elections for the President, Vice President and rights in accordance with law); but right is reacquired upon the
Senators, and limited to members of the Armed Forces of the expiration of 5 years after service of sentence.
Philippines and the Philippine National Police and other government
officers and employees who are duly registered voters and who, on 3. Insane or incompetent persons as declared by competent
election day, may temporarily be assigned in connection with the authority (Unless subsequently declared by competent authority that
performance of election duties to places where they are not registered such person is no longer insane or incompetent)
voters.
C. REGISTRATION OF VOTERS
b) R.A. 9189 (The Overseas Absentee Voting Act of 2003) Registration does not confer the right to vote; it is but a condition
addressed the need for overseas Filipinos to be able to vote in precedent to the exercise of the right. In order that a qualified elector
Philippine elections. See following Chapter on VOTERS: may vote in any election, he must be registered in the Permanent List
QUALIFICATION AND REGISTRATION, for more detailed discussion. of Voters for the city or municipality in which he resides.
2. To design a procedure for the disabled and the illiterate to vote What is meant by voter’s registration?
without the assistance of other persons. The act of accomplishing and filing of a sworn application for
registration by a qualified voter before the election officer of the city or
II. VOTERS: QUALIFICATION AND REGISTRATION municipality wherein he resides and including the same in the book of
registered voters upon approval by the Election Registration Board
A. QUALIFICATIONS FOR SUFFRAGE (Section 3, RA 8189).

Article V, Section 1, 1987 Constitution System of Continuing Registration


Suffrage may be exercised by all citizens of the Philippines, not Personal filing of application is conducted daily in the office of the
otherwise disqualified by law, who are at least 18 years of age, and Election Officer during regular office hours.
who shall have resided in the Philippines for at least one year and in
the place wherein they propose to vote for at least 6 months When does registration cease to be conducted? (Sec 8, RA 8189)
immediately preceding the election. No literacy, property or other  Regular elections: registration stops 120 days before
substantive requirement shall be imposed on the exercise of suffrage. election
 Special: registration stops 90 days before election
What are the qualifications of suffrage?
Sec 1, Art 5, Constitution
1. All citizens of the Philippines not otherwise disqualified by
law,
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JDSEMPRON | UV-GLS | 2019-2020 |


Disclaimer: The author accepts no liability for the content of this reviewer, or for the consequences of the usage, non-usage, abuse, or any actions taken by the user on the basis of the information given.
Based on the Book: Outline Reviewer in Political Law by A. Nachura
Supplemental Sources: Tanya Notes, UST QuAMTO 2016

AKBAYAN YOUTH VS COMELEC accredited citizen‘s arm using the data supplied by the applicant [Sec.
SC upheld the action of the COMELEC denying Akbayan‘s request for 14, R.A. 8189]
additional two days to enfranchise 4 million youth who failed to register
in the Elections. Who can assist?
1. Relative by consanguinity or affinity within the fourth civil degree
The right of suffrage is not at all absolute. It is subject to existing 2. If none, person of confidence who belong to the same household.
substantive and procedural requirements embodied in the Constitution 3. By any member of the Board of Election Inspectors
and statute books. The act of registration is an indispensable
precondition to the right of suffrage, for it is part and parcel of the right How do the assistors vote?
to vote and an indispensable element in the election process. 1. Assistor votes inside the voting booth
2. Declared under oath to fill out the ballot strictly according to the
DEACTIVATION AND REACTIVATION OF REGISTRATION instructions of the voter and not to reveal the contents of the ballot

Is cancellation and deactivation the same? SUFFRAGE FOR OVERSEAS ABSENTEE VOTERS
No. If deactivation, you still have the remedy of reactivation. But in
cancellation, no more remedy.  Section 2, Article V, 1987 Constitution
The Congress shall provide a system for securing the secrecy and
What is the ground for cancellation of registration? Death. sanctity of the ballot as well as a system for absentee voting by
qualified Filipinos abroad.
How to establish death?
A. Certification by the LCR  Section 5 (d), RA 9189 Overseas Absentee Voting Act
B. Submission by the LCR a certified list of those who died during the
previous month to the election officer of the place where the deceased GEN RULE: An immigrant or permanent resident who is recognized
is registered as such in the host country is disqualified from voting under this Act.

Otherwise, COMELEC cannot cancel registration even if there is EXCEPTIONS:


personal knowledge of the death of the registrant. Unless he executes an affidavit upon registration that:
1. He shall resume actual permanent residence in the country within 3
WHAT ARE THE GROUNDS FOR DEACTIVATION OF years from approval of registration
REGISTRATION? 2. He has not applied for citizenship in another country
1. Final judgment to suffer imprisonment for not less than 1 year 3. Failure to return results in the removal of the name from the
2. Final judgment for any crime involving disloyalty to the government National Registry of Absentee voters (but vote remains valid)
3. Insane or incompetent persons declared as such by competent 4. Permanent disqualification to vote in absentia.
authority
4. Failure to vote for 2 successive regular elections MAKALINTAL VS COMELEC
5. Court order in exclusion proceedings Does Section 5(d) of RA No. 9189 allowing the registration of voters
6. Loss of Filipino citizenship who are immigrants or permanent residents in other countries by their
7. Failure to validate mere act of executing an affidavit expressing their intention to return to
the Philippines, violate the residency requirement in Section 1 of Article
REACTIVATION OF REGISTRATION [SEC. 28, R.A. 8189]. V of the Constitution?
Any voter whose registration has been deactivated may file with the
Election Officer a sworn application for reactivation of his registration in Held: No. Absentee voting is an exception to the regular system of
the form of an affidavit stating that the grounds for the deactivation no voting. It is intended to accommodate soldiers and sailors and other
longer exist any time but not later than 120 days before a regular qualified voters who, on election day, are absent from the place where
election and 90 days before a special election. The Election Officer they are residents or registered. The execution of the affidavit is not
shall submit such application to the Election Registration Board for the enabling or enfranchising act. It is not only proof of intention to
appropriate action. return, but more importantly, it serves as an express declaration that
the domicile was not abandoned.
SUFFRAGE FOR DISABLED AND ILLITERATE VOTERS
Section 5 (d) does not circumvent the Constitution. Instead, it complies
Section 2, Article V, 1987 Constitution with a constitutional mandate which requires that Congress legislate
The Congress shall also design a procedure for the disabled and the absentee voting that presupposes the qualified citizen abroad is not
illiterates to vote without the assistance of other persons. Until then, physically present in the country.
they shall be allowed to vote under existing laws and such rules as the
Comelec may promulgate to protect the secrecy of the ballot. SUFFRAGE FOR LOCAL ABSENTEE VOTERS
They can only vote for national positions, exactly because they are not
Who may be assisted? in the locality where they reside and are registered to vote.
1. A person with disability
2. A senior citizen who is illiterate or physically unable to personally Who are these local absentee voters?
prepare the ballot 1. Persons who, by reason of their public functions is not in the
place of registration on election day.
What is the nature of the physical inability? 2. Members of the AFP and PNP and other gov‘t officers who,
Such physical inability is of such nature as to prevent the voter from on election day, may be temporarily assigned to perform
personally accomplishing the ballot. election duties in a place where they are not registered
voters.
May an illiterate or disabled person vote? 3. Teachers, members of the board of election inspectors
Yes. Any illiterate person may register with the assistance of the 4. Members of media, media practitioners, including the
Election Officer or any member of an accredited citizen‘s arms. technical and support staff, who are duly registered voters
and who, on election day, may not be able to vote due to the
Who prepares for application of registration? performance of their functions in covering and reporting on
It is prepared by any relative within the fourth civil degree of the elections
consanguinity or affinity or by the Election Officer or any member of an
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Disclaimer: The author accepts no liability for the content of this reviewer, or for the consequences of the usage, non-usage, abuse, or any actions taken by the user on the basis of the information given.
Based on the Book: Outline Reviewer in Political Law by A. Nachura
Supplemental Sources: Tanya Notes, UST QuAMTO 2016

TOPIC 2 TN: Its decisions, finals orders or rulings on election contests involving
ARTICLE X elective municipal and barangay offices shall be final, executory, and
COMMON PROVISIONS not appealable.

COMPOSITION, QUALIFICATIONS AND TERM OF OFFICE POWERS AND FUNCTIONS OF THE COMELEC

Who compose the Comelec? Q. What are the constitutional powers and functions of the
7 Commissioners all in all. Commission?
1. 1 Chair  It enforces and administers all laws and regulations relative
2. 6 Commissioners to the conduct of election, plebiscite, initiative, referendum
and recall.
TN: The Commission on Human Rights is not a constitutional body. It is a
national Commission. There are only 3 Constitutional bodies – Comelec, COA  It exercises exclusive original jurisdiction over all contests
and CSC. relating to the election, returns, and qualifications of all
elective, regional, provincial and city officials.
Q. What are their qualifications?
They should possess these qualifications at the time of appointment.  It exercises appellate jurisdiction over all contests involving
 Natural-born citizens elective municipal officials decided by the RTC or involving
 At least 35 years old elective barangay officials decided by the MTC.
 Holders of college degree
 Not a candidate for any elective position in the immediately  Decides, except those involving the right to vote, all
preceding elections questions affecting elections, including the number and
 Majority (including the Chair) must be lawyers engaged in location of polling places, appointment of election officials
the practice of law for at least 10 years and inspectors, and registration of voters.

TN: This is because the Commission performs quasi-judicial functions. TN: In cases involving the right to vote – pertains to the MTC or RTC in inclusion
or exclusion proceedings (judicial in nature). If the case is to challenge the right
Q. What is the practice of law? to register – the Election Registration Board (Administrative)
Cayetano v. Monsod
It means any activity, in and out of court, which requires the application  E. Its decisions, final orders or rulings on election contests
of law, legal procedure, knowledge, training and experience. Thus, a involving elective municipal and barangay officials shall be
lawyer-economist, lawyer-manager, lawyer-entrepreneur, lawyer- final, executory and not appealable.
negotiator of contracts, lawyer-legislator for the rich and poor satisfy
TN: Only when questions of facts are concerned. For questions of law, still
the requirement.
subject to judicial review

Q. Who appoints them and for how long?  F. It deputizes, with the concurrence of the President, law
The President, with the consent of the Commission on Appointments, enforcement agencies and instrumentalities of the
for a term of 7 years without reappointment. Government, including the Armed Forces of the Philippines,
for the exclusive purpose of ensuring free, orderly, honest,
Q. Can any member be appointed or designated in an acting peaceful and credible elections.
capacity?
 G. It registers political parties, organizations or coalitions.
Brillantes v. Yorac
No. It has to be a permanent appointment otherwise, it violates security  H. It accredits citizen‘s arms.
of tenure which is one of the constitutional safeguards of Comelec
independence.  It files, upon verified complaint, or on its own initiative,
TN: What the SC was trying to void if the appointment is merely temporarily, the petitions in court for inclusion or exclusion of voters.
appointee will be at the mercy of the President because the President can always
take it back.
 J. It investigates and prosecutes election offenses.
Q. How is its independence safeguarded?
 Described as independent  K. It recommends to Congress effective measures to
 Salary is fixed by law and cannot be decreased minimize election spending, including limitation of places
 They appoint their officials and employees, subject to the where propaganda materials shall be posted, and to prevent
concurrence and approval of the CSC and penalize all forms of election frauds, offenses,
 Enjoy fiscal autonomy. There is automatic appropriation. malpractices, and nuisance candidates.
 It promulgates its own rules concerning pleadings and
practice before it (quasi-legislative powers of the  L. It recommends to the President the removal of any officer
Commission) or employer it has deputized, or the imposition of any other
disciplinary action, for violation or disregard of, or
DISABILITIES, INHIBITIONS AND DISQUALIFICATIONS disobedience to its directive, order, or decision.
During tenure, its members are not allowed to:
A. Hold any other office or employment  M. It reports to the President and the Congress a
comprehensive report on the conduct of each election,
B. Engage in the practice of any profession
plebiscite, initiative, referendum, or recall.
C. Actively manage or control any business which in any way
be affected by the functions of his office TN: The Commission does not follow the hierarchy of Courts.
D. Be financially interested, directly or indirectly in any contract
with, or in any franchise or privilege granted by the Q. How are the constitutional powers and functions of the
government or any of its instrumentalities including GOCCs Comelec classified?
and its subsidiaries. A. Administrative or executive
B. Adjudicatory or quasi-judicial
C. Quasi-legislative
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Disclaimer: The author accepts no liability for the content of this reviewer, or for the consequences of the usage, non-usage, abuse, or any actions taken by the user on the basis of the information given.
Based on the Book: Outline Reviewer in Political Law by A. Nachura
Supplemental Sources: Tanya Notes, UST QuAMTO 2016

D. Ministerial – It is the power of the electorate to approve or reject a legislation


through an election called for the purpose.
Examples: POWER TO DECIDE ALL QUESTIONS AFFECTING ELECTIONS
1. When there is already a law set in forth a plebiscite, the Comelec as
part of its ministerial function issues a resolution laying down the General rule: All questions affecting elections, including the number
guidelines for the conduct of plebiscite. and location of polling places, appointment of election officials and
2. Acceptance of COCs, provided it complies with the prescribed form inspectors, and registration of voters.
Except: Suffrage or the right to vote
Q. What are the administrative and quasi-judicial powers and
functions?
Domino v. Comelec
Article IX (C), Section 2 pars 1,3-9 are administrative while par 2 is But it can still inquire whether a candidate is a resident despite a court
quasi-judicial.
ruling in exclusion proceedings that he is.
Importance of knowing the difference:
To know where to go – en banc or division. Quasi-judicial functions Pungutan v. Abubakar
must pass before the division first before the en banc assumes It can also exclude spurious election returns because by doing so, it
jurisdiction. Violation results in dismissal of the case. does not nullify the votes per se but the spurious document that
embodies them. Thus, exclusion of election returns does not amount to
ADMINISTRATIVE POWERS denial of the right to vote.

What are the administrative powers of Comelec?


1. Power to enforce and administer election laws
2. Power to conduct plebiscite, initiative, referendum and recall POWER TO REGISTER POLITICAL PARTIES
3. Power to decide all questions affecting elections AND PARTY-LISTS
4. Power to deputize other government agencies
5. Recommendatory power TOPIC 3
6. Power to register political parties and party-list SEC 2 (5) ART IX-C
7. Power to supervise or regulate franchises and transportation POLITICAL PARTIES
8. Power to investigate and prosecute
PARTY SYSTEM: SEC 2 (5) ART 9-C, CONSTITUTION
TO ENFORCE AND ADMINISTER
What is a Party-List System?
Q. What is the extent of the administrative power to enforce and A mechanism of proportional representation in the election of
administer all election laws? representatives to the HoR from national, regional, and sectoral
parties, or organizations or coalitions registered with the COMELEC.
Loong v. Comelec
It is so broad it includes all the necessary and incidental powers to hold How many of these representatives shall be in the House of
a free, orderly, honest, peaceful and credible elections. Thus, even if Reps?
manual count is not expressly authorized under the automation law, it The Party-list representatives shall constitute 20% of the total number
may still be done if the counting machines could not accurately count of representatives in the House of Representatives.
the votes due to misalignment of ovals and incorrect sequence code.

TN: When the Commission exercises administrative functions, it almost always PARTY-LIST SYSTEM ACT (RA 7941)
deals with questions of fact – cannot be disturbed by the Courts because it is in
the best position to decide questions of facts.
Definition of Terms
Q. What are the implications of Comelec control?
A. Immediate and direct control and supervision over all national and  Party: A political party or a sectoral party or a coalition of
local officials and employees required by law to perform duties and/or parties.
comply with prohibitions relative to the conduct of elections in the area.
B. Exercise full control and supervision over all national and local law  Political Party: An organized group of citizens advocating
enforcement agencies as well as military officers and men assigned or an ideology or platform, principles and policies for the
deployed in the area. general conduct of government, and which, as the most
immediate means of securing their adoption, regularly
TN: The placement of a locality under Comelec control is a last resort. You don‘t
just do that whimsically because it is an added burden on the part of the nominates certain of its leaders and members as
Comelec. candidates for public office.

2 Kinds of Political Party:


1. National Party: when its constituency is spread over the
TO CONDUCT PLEBISCITE, INITIATIVE, REFERENDUM, RECALL
geographical territory of at least a majority of the regions.
2. Regional Party: when its constituency is spread over the
PLEBISCITE geographical territory of at least a majority of the cities and provinces
It is the electoral process by which an initiative on the Constitution is comprising the region.
approved or rejected by the people.
 Sectoral Party: An organized group of citizens belonging to
INITIATIVE any of the ff sectors: enumerated in Section 5, RA 7941-
It refers to the power of the people to directly propose amendments to labor, peasant, fisherfolk, urban poor, indigenous cultural
the Constitution upon a petition of at least 12% of the total number of communities, elderly, handicapped, women, youth, veterans,
registered voters, of which every legislative district must be overseas workers and professionals, whose principal
represented by at least 3% of its registered voters. advocacy pertains to the special interest and concerns of
their sector.
REFERENDUM
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Disclaimer: The author accepts no liability for the content of this reviewer, or for the consequences of the usage, non-usage, abuse, or any actions taken by the user on the basis of the information given.
Based on the Book: Outline Reviewer in Political Law by A. Nachura
Supplemental Sources: Tanya Notes, UST QuAMTO 2016

 Sectoral Organization: A group of citizens or a coalition of DISCUSSION


groups of citizens who share similar physical characteristics,
employment, interests, or concerns. The party list-system is composed of three different groups:
1. National Parties
 Coalition: An aggrupation of duly registered national, 2. Regional parties
regional, sectoral parties or organizations for political and/or 3. Sectoral parties
election purposes.
Should the first two need representation from a sector?
REGISTRATION NO. National and regional parties or organizations need not be
organized along sectoral lines and need not represent any particular
How does a political party acquire juridical personality, to entitle sector.
itself to the benefits under the Constitution and to participate in
the party-lists system? Should the first two, national and regional parties, represent the
The group acquires the abovementioned benefits after registering marginalized and underrepresented sectors?
with the Commission on Elections by filing with the Comelec. NO. R.A. No. 7941 does not require national and regional parties or
organizations to represent the "marginalized and underrepresented". It
Within which period must it register itself? is sufficient that the political party consists of citizens who advocate the
Not later than 90 days before the election a verified petition stating same ideology or platform, or the same governance principles and
its desire to participate in the partylist system as a national, regional, policies, regardless of their economic status as citizens.
sectoral party or organization or a coalition of such parties or
organizations. Are all the sectors- labor, peasant, elderly, women, youth etc., all
characterized as marginalized and underrepresented?
Are there groups which cannot be registered as political parties? NO, the sectors mentioned in Section 5 are not all necessarily
Yes, these are the ff: [Sec 2 (5) Art 9-C] "marginalized and underrepresented." For sure, "professionals" are not
R-V-U-F by definition "marginalized and underrepresented," not even the
1. religious denominations or sects; elderly, women, and the youth. However, professionals, the elderly,
2. those who seek to achieve their goals through violence or women, and the youth may "LACK WELL-DEFINED POLITICAL
unlawful means; CONSTITUENCIES," and can thus organize themselves into sectoral
3. those who refuse to uphold and adhere to the parties in advocacy of the special interests and concerns of their
Constitution; and respective sectors.
4. those supported by foreign governments Does belonging to the marginalized and underrepresented sector
mean that you have to wallow in poverty or infirmity?
What are the Grounds for cancellation of registration? No, "It is sufficient that one, is below the middle class. The nominees
 Accepting financial contributions from foreign governments of the sectoral party either must belong to the sector, or must have a
or their agencies [Sec. 2(5), Art. IX-C], track record of advocacy for the sector represented.
 it is a religious sect or denomination, organization or
association organized for religious purposes; BAR (2014) [Principal Adocacy is Sufficient]
 it advocates violence or unlawful means to seek its goal; Q: Greenpeas is an ideology-based political party fighting for
 it is a foreign party or organization; environmental causes. It decided to participate under the party-list
 it is receiving support from any foreign government, foreign system. Bluebean, a political observer, claimed that Greenpeas is not
political party, foundation, organization, whether directly or entitled to any seat since it does not represent any of the marginalized
through any of its officers or members, or indirectly through and underrepresented sectors of society, Greenpeas is not entitled to
third parties, for partisan election purposes; participate under the party-list system. How valid are the observations
 it violates or fails to comply with laws, rules or regulations of Bluebean?
relating to elections;
 it declares untruthful statements in its petition; A: The claim of Bluebean that Greenpeas is not entitled to participate
 it has ceased to exist for at least one year; and in the party-list elections because it does not represent any
 it fails to participate in the last two preceding elections, marginalized and underrepresented sectors of society is not correct. It
 or fails to obtain at least 2% of the votes cast under the is enough that its principal advocacy pertains to the special interest of
party-list system in the two preceding elections for the its sector (Atong Panglaum, Inc. v. COMELEC, 694 SCRA 477, 2013)
constituency in which it was registered.
MEMBERS OF SECTORAL PARTIES
What is required for the representation in these sectoral parties?
The Majority. The majority of the members of said sectoral parties
CASES IN THE COVERAGE
that represent the marginalized and underrepresented must belong to
the ―marginalized and underrepresented‖ sector that they represent.
Similarly, a majority of the members of sectoral parties that ―lack well-
Case 1: ATONG PAGLAUM INC. VS COMELEC defined political constituencies‖ must belong to the sector they
represent.
Doctrine: It is not necessary that the nominee be a member of the
marginalized sector which he seeks to represent. It is enough that he is NOMINEES
an advocate of such sector, that he has a proven track record for the (National and Regional Nominees: bona fide members of the parties;
advocating the cause of the organization he seeks to represent. Sectoral: Belongs to the sectors, or must have a track record of
advocacy)
Issue: W/N the criteria for participating as party-list system laid down
in Ang Bagong Bayani and BANAT should be applied by the  National and Regional Parties: The nominees of national
COMELEC in the coming May 2013 party-list elections and regional parties or organizations must be BONA-FIDE
MEMBERS of such parties or organizations.
Held: No. Political parties need not align themselves with sectoral
groups and the nominees need not come from that sector itself,  Sectoral Parties: The nominees of sectoral parties or
provided that he can show that he has a proven track record for the organizations that represent the "marginalized and
advocating the cause of the organization he seeks to represent. underrepresented," or that represent those who lack "well-
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Disclaimer: The author accepts no liability for the content of this reviewer, or for the consequences of the usage, non-usage, abuse, or any actions taken by the user on the basis of the information given.
Based on the Book: Outline Reviewer in Political Law by A. Nachura
Supplemental Sources: Tanya Notes, UST QuAMTO 2016

defined political constituencies," either must belong to their ISSUES:


respective sectors, or must have a TRACK RECORD OF 1. W/N AL was denied due process when the Comelec affirmed
ADVOCACY for their respective sectors. its cancellation of registration (No)

In case of a nominee being disqualified, what is the effect of the 2. W/N Comelec gravely abused its discretion in cancelling
party’s qualification? AL‘s registration under the party-list system (Yes)
National, regional, and sectoral parties or organizations shall not be
disqualified if some of their nominees are disqualified, provided that 3. W/N disqualification of one or some of the nominees of a
they have at least one nominee who remains qualified. party-list group should automatically result in the
disqualification of the group. (No)
BAR (2015) [Sectoral Wings]
Q: The Partido ng Mapagkakatiwalaang Pilipino (PMP) is a major RULING
political party which has participated in every election since the Issue 1: NO. Due Process was given to AL
enactment of the 1987 Constitution. It has fielded candidates mostly for The Court finds that Comelec afforded AL opportunity to present
legislative district elections. In fact, a number of its members were evidence. AL was able to file a Manifestation of Intent to prove its
elected, and are actually serving, in the House of Representatives. In compliance under RA 7941.
the coming 2016 elections, the PMP leadership intends to join the
party-list system. Can PMP join the party-list system without violating Issue 2: YES. COMELEC committed GAD.
the Constitution and Republic Act (R.A.) No. 7941? Court finds that the COMELEC gravely abused its discretion in
cancelling the registration of ABANG LINGKOD under the party-list
A: Yes. As for political parties, they may participate in the party-list system.
race by registering under the party-list system and no longer field
congressional candidates. These parties, if they field congressional COMELEC cancelled the registration on the ground that AL failed to
candidates, however, are not barred from participating in the partylist adduce evidence showing its TRACK RECORD in representing the
elections; what they need to do is register their sectoral wing or party marginalized and underrepresented. Here, COMELEC insists that AL
under the party-list system. failed to present evidence of their track record. HOWEVER, THIS
This sectoral wing shall be considered an “independent sectoral FAILS SO BAD!
party” linked to a political party through a coalition. (Atong
Paglaum vs COMELEC, April 2, 2013). There was no mention that sectoral organizations intending to
participate in the party-list elections are still required to present a
track record. Contrary to the COMELEC's claim, sectoral parties or
DISPOSITION OF THE CASE: (SC Discussed the Criteria for one organizations, such as ABANG LINGKOD, are NO LONGER required
to participate in the party-list elections) to adduce evidence showing their track record, i.e., proof of activities
The COMELEC excluded from participating in the 13 May 2013 party- that they have undertaken to further the cause of the sector they
list elections those that did not satisfy these two criteria: represent. Indeed, it is enough that their principal advocacy pertains to
1) all national, regional, and sectoral groups or organizations must the special interest and concerns of their sector.
represent the "marginalized and underrepresented" sectors, and
(2) all nominees must belong to the "marginalized and There exists no reason to further require groups seeking
underrepresented" sector they represent. registration under the party-list system to submit evidence
showing their track record. There is thus no basis in law and
Petitioners may have been disqualified by the COMELEC because as established jurisprudence to insist that groups seeking registration
political or regional parties they are not organized along sectoral lines under the party-list system still comply with the track record
and do not represent the "marginalized and underrepresented." requirement. Indeed, nowhere in R.A. No. 7941 is it mandated that
groups seeking registration thereunder must submit evidence to show
their track record as a group.

Does AL’s misrepresentation amount to cancellation of its


Case 2: ABANG LINGKOD VS COMELEC registration?
NO. Considering that track record is no longer a requirement, a group's
FACTS misrepresentation as to its track record cannot be used as a ground to
Comelec issued Resolution which requested ABANG LINGKOD (AL) deny or cancel its registration — it is no longer material to its
to undergo summary evidentiary hearing for purposes of determining qualification under the party-list system. In this case, ABANG
continuing compliance with requirements under RA 7941. LINGKOD's submission of digitally altered photographs cannot be
considered material to its qualification as a party-list group.
After due proceedings, the COMELEC En Banc, in a Resolution dated
November 7, 2012, cancelled ABANG LINGKOD's (AL) registration as Sec 6 speaks of Refusal or Cancellation of Registration, to wit:
a party-list group on the ff grounds: Xxx (6) It declares untruthful statements in its petition;
1. AL Failed to establish its track record in uplifting the cause of
the marginalized and underrepresented; that it merely What constitutes of “Untruthful Statements”?
offered photographs of some alleged activities it conducted This statement constitutes material misrepresentation or that which is a
after the May 2010 elections. deliberate attempt to mislead or hide a fact which would otherwise
2. Failed to show that its nominees are themselves render a candidate ineligible.
marginalized and underrepresented or that they have been
involved in activities aimed at improving the plight of the In this case, the digitally altered photographs of activities submitted by
marginalized and underrepresented sectors it claims to ABANG LINGKOD to prove its continuing qualification under R.A. No.
represent. 7941 only pertain to its track record, which, as already discussed, is no
longer a requirement under the new parameters laid down in Atong
As such, AL filed this petition. It claims that there was no valid Paglaum.
justification for the COMELEC to cancel its registration considering that Issue 3: NO. The disqualification of one or some of the nominees
it complied with the six-point parameters in screening party-list groups of a party-list group should not automatically result in the
laid down in Atong Paglaum. disqualification of the group.

Nominee of a party-list groups may either be:


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Supplemental Sources: Tanya Notes, UST QuAMTO 2016

1. first, one who actually belongs to the sector which the party- TOPIC 4
list group represents, in which case the track record ARTICLE IV
requirement does not apply; or CITIZENSHIP

2. second, one who does not actually belong to the sector Citizenship, defined: it is the membership in a political community
which the party-list group represents but has a track record which is personal and more or less permanent in character.
showing the nominee's active participation in activities aimed
at uplifting the cause of the sector which the group Who are citizens of the Philippines?
represents." Section 1. The following are citizens of the Philippines:
1. Those who are citizens of the Philippines at the time of the
(So basically if you actually belong to the sector, then the track record
adoption of this Constitution (on February 2);
requirement can be dispensed with. Otherwise, if you don‘t belong the sector,
then you must have a track record) 2. Those whose fathers or mothers are citizens of the
Philippines;
IN THE CASE AT BAR 3. Those born before January 17, 1973, of Filipino mothers,
The disqualification of one or some of the nominees of a party-list who elect Philippine Citizenship upon reaching the age of
group should not automatically result in the disqualification of the majority; and
group. That two of ABANG LINGKOD's nominees do not actually 4. Those who are naturalized in the accordance with law.
belong to the sector it represents is immaterial and would not result in 5. Those who are citizens of the Philippines at the time of the
the cancellation of their registration as a party-list group. adoption of this Constitution (on February 2)

This is clear from the sixth parameter laid down by the Court in Atong Who are natural born-citizens?
Paglaum, which states that "[n]ational, regional and sectoral Those who are citizens of the Philippines from birth without having to
organizations shall not be disqualified if some of their nominees are perform any act to acquire or perfect their Philippine citizenship. Those
disqualified, provided that they have at least one nominee who remains who elect Philippine citizenship shall be deemed natural- born citizens
qualified." At the very least, ABANG LINGKOD has three (3) qualified [Sec. 2, Art. IV]
nominees, being farmers by occupation.
What happens to a Filipino’s citizenship if a he or she marries an
DISPOSITION alien?
In sum, that ABANG LINGKOD's registration must be cancelled due to He or she shall retain their citizenship, unless by their act or omission
its misrepresentation is a conclusion derived from a simplistic reading they are deemed under the law to have renounced it. (Sec 4, Art 5)
of the provisions of R.A. No. 7941 and the import of the Court's
disposition in Atong Paglaum. Not every misrepresentation committed
by national, regional, and sectoral groups or organizations would merit POLICY AGAINST DUAL ALLEGIANCE
the denial or cancellation of their registration under the party-list ‖Dual allegiance of citizens is inimical to the national interest and shall
system. The misrepresentation must relate to their qualification as a be dealt with by law‖ [Sec. 5, Art. IV].
party-list group. In this regard, the COMELEC gravely abused its
discretion when it insisted on requiring ABANG LINGKOD to prove its MERCADO VS. MANZANO
track record notwithstanding that a group's track record is no longer Recognizing situations in which a Filipino citizen may, without
required pursuant to the Court's pronouncement in Atong Paglaum. performing any act and as an involuntary consequence of the
conflicting laws of different countries, be also a citizen of another state,
Case 3: LICO VS COMELEC the Court explained that ―dual citizenship‖ as a disqualification must
refer to citizens with ―dual allegiance‖. Consequently, persons with
mere dual citizenship do not fall under the disqualification.
FACTS
ATING KOOP a registered party list under RA 7941. It manifested its
For candidates with dual citizenship, it is enough that they elect
intent to participate in the 2010 Elections. Listing the petitioner Lico as
Philippine citizenship upon the filing of their certificate of candidacy to
first nominee and Roberto Mascariña as second nominee. He won and
terminate their status as persons with dual citizenship. The filing of a
took oath. Almost one year after petitioner Lico had assumed office,
certificate of candidacy suffices to renounce foreign citizenship,
the Interim Central Committee expelled him from Ating Koop for
effectively removing any disqualification as dual citizen.
disloyalty.

ISSUE: W/N Commission on Elections' (COMELEC) had jurisdiction Procedural Precepts on Citizenship
over the expulsion of a sitting party-list representative: from the House  Attack on one‘s citizenship may be made only through a
of Representatives, on the one hand; and from his party-list direct, not a collateral proceeding (Co vs HRET).
organization, on the other.  The doctrine of res judicata does not ordinarily apply to
questions of citizenship
Ruling: No. The COMELEC En Banc held that it had no jurisdiction to
expel Congressman Lico from the House of Representatives,
considering that his expulsion from Ating Koop affected his Citizens of the Philippines
qualifications as member of the House, and therefore it was the House 1. Those who are citizens of the PH at the time of he adoption of the
of Representatives Electoral Tribunal (HRET) that had jurisdiction over 1987 Constitution
the Petition.
A. Re: 1935 Constitution
The Court held that it was for the HRET to interpret the meaning of the
requirement of bona fide membership in a party-list organization. It VALLES VS COMELEC
reasoned that under Section 17, Article VI of the Constitution, the Under these organic acts, inhabitants of the islands who were Spanish
HRET is the sole judge of all contests when it comes to qualifications subjects on April 11, 1899, who did not opt in writing to retain Spanish
of the members of the House of Representatives. nationality between April 11, 1899 to October 11, 1900 — including
their children — were deemed citizens of the Philippines. Rosalind‘s
WHEREFORE, premises considered, the Petition is GRANTED. father was, therefore, a Filipino citizen, and under the principle of jus
sanguinis, Rosalind followed the citizenship of her father.
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Based on the Book: Outline Reviewer in Political Law by A. Nachura
Supplemental Sources: Tanya Notes, UST QuAMTO 2016

TECSON VS. COMELEC The term ‗natural-born citizens‘, is defined to include ―those who are
The issue of whether or not FPJ is a natural-born citizen would depend citizens of the Philippines from birth without having to perform any act
on whether his father, Allan F. Poe, was himself a Filipino citizen, and to acquire or perfect their Philippine citizenship. The date, month and
if in the affirmative, whether or not the alleged illegitimacy of FPJ year of birth of FPJ appeared to be August 20, 1939 during the regime
prevents him from taking after the Filipino citizenship of his putative of 1935 Constitution.
father. The Court took note of the fact that Lorenzo Pou (father of Allan
F. Poe), who died in 1954 at 84 years old, would have been born The fact of the matter — perhaps the most significant consideration —
sometime in 1870, when the Philippines was under Spanish rule, and is that the 1935 Constitution, the fundamental law prevailing on the
that San Carlos, Pangasinan, his place of residence upon his death in
day, month and year of birth of respondent FPJ, can never be more
1954, in the absence of any other evidence, could have well been his
explicit than it is. Providing neither conditions nor distinctions, the
place of residence before death, such that Lorenzo Pou would have
benefited from the ―en masse Filipinization‖ that the Philippine Bill of Constitution states that among the citizens of the Philippines are "those
1902 effected. That Filipino citizenship of Lorenzo Pou, if acquired, whose fathers are citizens of the Philippines." There utterly is no
would thereby extend to his son, Allan F. Poe (father of FPJ). cogent justification to prescribe conditions or distinctions where there
are clearly none provided.
Naturalization
It is the act of formally adopting a foreigner into the political body of a Any conclusion on the Filipino citizenship of Lorenzo Pou could only be
nation by clothing him or her with the privileges of a citizen. drawn from the presumption that having died in 1954 at 84 years old,
Lorenzo would have been born sometime in the year 1870, when the
Modes of naturalization: Philippines was under Spanish rule, and that San Carlos, Pangasinan,
a) Direct: Citizenship is acquired by: his place of residence upon his death in 1954, in the absence of any
(i) Individual, through judicial or administrative proceedings; other evidence, could have well been his place of residence before
(ii) Special act of legislature; death, such that Lorenzo Pou would have benefited from the "en
(iii) Collective change of nationality, as a result of cession or masse Filipinization" that the Philippine bill had effected in 1902. That
subjugation; or
citizenship (of Lorenzo Pou), if acquired, would thereby extend to his
(iv) In some cases, by adoption of orphan minors as nationals of the
son, Allan F. Poe, father of respondent FPJ. The 1935 Constitution,
State where they are born.
during which regime respondent FPJ has seen first light, confers
b) Derivative: Citizenship conferred on: citizenship to all persons whose fathers are Filipino citizens regardless
(i) Wife of naturalized husband; of whether such children are legitimate or illegitimate.
(ii) Minor children of naturalized person; or on the
(iii) Alien woman upon marriage to a national. MERCADO VS MANZANO AND COMELEC

LOSS AND REACQUISITION OF PHILIPPINE CITIZENSHP


FACTS OF THE CASE
1. Loss of citizenship.
Petitioner Mercado and Private respondent Manzano were candidates
a) Bv naturalization in a foreign country.
for vice mayor of Makati during the May 11, 1998 elections. Manzano
won said election, but proclamation was suspended in view of a
Cases assigned on Citizenship but is not included in the coverage pending petition for his disqualification by Mamaril who alleged that
Manzano was not a citizen of the PH but of US. COMELEC granted
TECSON VS COMELEC this finding that Manzano is a dual citizen, and based under Sec 40 of
the LGC, persons with dual citizenship are disqualified from running
FACTS OF THE CASE any elective position. However, COMELEC, further declared Manzano
Fernando Poe, Jr. filed his certificate of candidacy for the position of qualified. Thus, this petition by Mercado.
President of Republic of Philippines in the national elections. In his
certificate of candidacy, FPJ, represented himself to be a natural-born ISSUES
citizen of the Philippines. A year after however, Victorino Fornier 1. W/N Mercado has personality to bring this suit considering
initiated a petition before the COMELEC to disqualify FPJ and for his that he is not an original party in the disqualification case
certificate of candidacy to be cancelled upon the thesis that FPJ
made a material misrepresentation in his certificate of candidacy 2. W/N Edu Manzano is a Filipino
by claiming to be a natural-born Filipino citizen when in truth,
according to Fornier, his parents were foreigners; his mother RULING:
Bessie Kelley Poe, was an American, and his father Allan Poe was a
Spanish national, being the son of Lorenzo Pou, a Spanish subject. 1. W/N Mercado has personality to bring this suit considering that
Granting, petitioner asseverated, that Allan Poe was a Filipino citizen, he is not an original party in the disqualification case
he could not have transmitted his Filipino citizenship to FPJ, since FPJ Yes. The Supreme Court ruled that under Sec. 6 of R.A. No. 6646,
is allegedly and illegitimate child of an alien mother. otherwise known as the Electoral Reforms Law of 1987, intervention
may be allowed in proceedings for disqualification even after election if
After the presentation of documents, COMELEC dismissed the petition there has yet been no final judgment rendered.
for lack of merit. Three days later, Fornier filed a motion for
reconsideration but was denied. Hence, this petition questioning the Intervention is allowed. The fact is that there had been no
decision of COMELEC as well as its jurisdiction. proclamation at that time. Certainly, petitioner had, and still has, an
interest in ousting private respondent from the race at the time he
ISSUE: W/N FPJ‘s Certificate of Candidacy be cancelled on the sought to intervene.
allegation that he is not a Filipino citizen
That petitioner had a right to intervene at that stage of the
HELD: No, it should not be cancelled as FPJ is a natural-born proceedings for the disqualification against private respondent is clear
Filipino citizen. from Section 6 of R.A. No. 6646, otherwise known as the Electoral
Reforms Law of 1987, which provides: Any candidate who has been
declared by final judgment to be disqualified shall not be voted for, and
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Based on the Book: Outline Reviewer in Political Law by A. Nachura
Supplemental Sources: Tanya Notes, UST QuAMTO 2016

the votes cast for him shall not be counted. If for any reason a
candidate is not declared by final judgment before an election to be
disqualified and he is voted for and receives the winning number of
votes in such election, the Court or Commission shall continue with the
trial and hearing of the action, inquiry, or protest and, upon motion of
the complainant or any intervenor, may during the pendency thereof
order the suspension of the proclamation of such candidate whenever
the evidence of guilt is strong. Under this provision, intervention may
be allowed in proceedings for disqualification even after election
if there has yet been no final judgment rendered.

2. W/N Edu Manzano is a Filipino


Yes, by filing a certificate of candidacy when he ran for his present
post, private respondent elected Philippine citizenship and in effect
renounced his American citizenship.

RE: CITIZENSHIP; DUAL CITIZENSHIP

Considering the citizenship clause (Art. IV) of our Constitution, it is


possible for the following classes of citizens of the Philippines to
posses dual citizenship:

(1) Those born of Filipino fathers and/or mothers in foreign


countries which follow the principle of jus soli;
(2) Those born in the Philippines of Filipino mothers and alien
fathers if by the laws of their fathers' country such children
are citizens of that country;
(3) Those who marry aliens if by the laws of the latter's country
the former are considered citizens, unless by their act or
omission they are deemed to have renounced Philippine
citizenship.

There may be other situations in which a citizen of the Philippines may,


without performing any act, be also a citizen of another state; but the
above cases are possible given the constitutional provisions on
citizenship. Dual allegiance, on the other hand, refers to the
situation in which a person simultaneously owes, by some
positive act, loyalty to two or more states.

While dual citizenship is involuntary, dual allegiance is the result of an


individual's volition. With respect to dual allegiance, Article IV, Section
5 of the Constitution provides: "Dual allegiance of citizens is inimical to
the national interest and shall be dealt with by law."

By filing a certificate of candidacy when he ran for his present post,


private respondent elected Philippine citizenship and in effect
renounced his American citizenship. The filing of such certificate of
candidacy sufficed to renounce his American citizenship,
effectively removing any disqualification he might have as a dual
citizen.

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