Вы находитесь на странице: 1из 34

ELECTION LAW

www.company.com

www.company.com

GENERAL PROVISIONS / GENERAL PRINCIPLES

ELECTION
Meaning and purpose

Commission on Elections (Art. IX)

www.company.com

CANDIDATES

Qualifications/Eligibility/Term/others
President and V-President(Sec. 2,3,4,7,8,9 Art. VII, 1987 Constitution)
Senators (sec. 3 and 4, 1987 Constitution)
House of Representative (sec. 6,7,8,9, 1987 Constitution)
Local Officials

www.company.com

Who was the first President of the


Philippines? He is also known Father of
Philippine Language

EZMLUEANOQNLU
MANUEL L. QUEZON

www.company.com

How many days shall be given to Mar


Roxas for his campaign period as a
Presidentiable Candidate?

_ I_ET _ DAYS

www.company.com

Disqualifications

Sec.40 of Local
Government Code; Sec.
68 of OEC; Sec. 4 of RA
8295)

www.company.com

A DDBFEILEENME is
disqualified to run for any position.

www.company.com

Certificate of Candidacy

Effect of Filing (elective


and appointive officials)

Substitution of Candidates

Nuisance Candidates

Petition to Deny/Cancel
COC

www.company.com

Certificate of Candidacy shall be


cancelled if you are a TIFIGUVE
from JTESCUI

www.company.com

Effect of Disqualification

Retroactivity of disqualification

www.company.com

Effect of Proclamation

Right of Officer next in line


Withdrawal of Candidates

www.company.com

Election Period and Campaign Period

Failure of election
Campaign and election propaganda
Electoral Contributions and allowable expenses
Failure to file

www.company.com

SAMPLE OF A POLITICAL AD

www.company.com

Who among the three cannot


endorse and campaign for a
Filipino candidate?
a. Gaisano Corporation
b. Barrack Obama
c. Ex-President Gloria Macapagal
Arroyo

www.company.com

How much should Binay spend for


each voter, during his election
campaign?

www.company.com

Casting of Votes

Board of Election Inspectors


Voters
Voting Steps
Voting Hours
Spoiled Ballots
Challenge of Illegal Voters
Challenge based on certain illegal acts
Records or statements to be prepared and kept
www.company.com

Counting of Votes

Counting to be Public, Without Interruption


Marked Ballots
Manner of Counting Votes
Appreciation of Ballots
Election Returns / Certificate of Votes

www.company.com

Canvassing of Votes

Board of Canvassers
Canvass by the Board
Canvassing Committees
Suspension of Canvass
Certificates of Canvass

www.company.com

Proclamation of Winners

www.company.com

Proclamation of Winners

Candidates with highest number of votes


Plurality of valid votes
Election resulting in a tie
Suspension of proclamation
Void Proclamations
Failure to assume office

www.company.com

Pre-Proclamation Controversy

Definition
Exclusive Jurisdiction of COMELEC
Summary Hearing
Issues that may be raised

www.company.com

Features of Automated Election


System

www.company.com

PARTY LIST
Qualifications
Qualifications of Party-List Representatives:
Natural-born citizen of the Philippines;
A registered voter;
A resident of the Philippines for a period of not
less than one (1) year immediately preceding the
day of the election;
Able to read and write;
www.company.com

A bona fide member of the party or organization


which he seeks to represent for at least ninety (90)
days preceding the day of the election; and
At least twenty-five (25) years of age on the day of
the election; In case of a nominee of the youth sector,
he must at least be twenty-five (25) but not more than
thirty (30) years of age on the day of the election. Any
youth sectoral representative who attains the age of
thirty (30) during his term shall be allowed to continue
in office until the expiration of his term (Section 9,
R.A. 7914).

www.company.com

VOTERS
Obligation to register and votes
In order that a qualified elector may vote in any
election, plebiscite or referendum, he must be
registered in the permanent list of voters for the city
or municipality in which he resides (Sec. 115,
OEC).

www.company.com

Registration
Purposes:
To acquire juridical personality;
To entitle it to rights and privileges granted to
political parties; and
To participate in the party-list system.

www.company.com

Groups which cannot be registered as political


parties (Sec. 3, R.A. 7941):
Religious denominations or sects;
Those who seek to achieve their goals through
violence or unlawful means;
Those who refuse to uphold and adhere to the
Constitution; and
Those supported by foreign governments.

www.company.com

Grounds for cancellation of registration (RAFSVUCF) (Sec. 6, RA 7941):


It is a religious sect or denomination,
organization or association, organized for
religious purposes;
It advocates violence or unlawful means to seek
its goal;
It is a foreign party or organization;

www.company.com

It is receiving support from any foreign government, foreign


political party, foundation, organization, whether directly or
through any of its officers or members or indirectly through
third parties for partisan election purposes;
It violates or fails to comply with laws, rules or regulations
relating to elections;
It declares untruthful statements in its petition;
It has ceased to exist for at least one (1) year; or
It fails to participate in the last two (2) preceding elections
or fails to obtain at least two per centum (2%) of the votes
cast under the party-list system in the two (2) preceding
elections for the constituency in which it has registered.

www.company.com

PERSONNEL INVOLVED

COMELEC
Board of Election Inspectors
Armed Forces
Watchers
Board of Canvassers

www.company.com

ELECTION OFFENSES

Vote-buying and vote-selling.


Conspiracy to bribe voters
Wagering upon result of election
Coercion of subordinates.
Threats, intimidation, terrorism, use of fraudulent
device or other forms of coercion
Coercion of election officials and employees
Appointment of new employees, creation of new
position, promotion, or giving salary increases
www.company.com

Threats, intimidation, terrorism, use of fraudulent


device or other forms of coercion

Coercion of election officials and employees

Appointment of new employees, creation of new


position, promotion, or giving salary increases

www.company.com

Transfer of officers and employees in the civil


service.

Intervention of public officers and employees


Unlawful electioneering
Prohibition against dismissal of employees,
laborers, or tenants
Appointment or use of special policemen, special
agents, confidential agents or the like

www.company.com