Вы находитесь на странице: 1из 36

LEGAL DOS AND

DONTS IN AN
ELECTION SEASON
Atty. Doris G. Ramirez

Knowing the Legal Dos & Donts

By knowing the Dos and Donts, we will be better be


prepared to deal with various issues and respond to
possible charges that may come during the campaign.

Knowing the Dos and Dos prevents unnecessarily


draining your resources

Many candidates have in the past elections faced


disqualifications, and supporters have been
confronted with various election offenses.

Using the Legal Arena


to Your Advantage
DOs

Know the laws, rules and procedures governing the


elections

Every election is unique. While certain basic principles, rules and laws can be applied
to each election period, it is important to have a complete understanding of the
particular situation and the conditions in which your campaign will be waged.

What is the type of the election?

Prepare: Compilation of all pertinent laws, rules and COMELEC Resolutions

Know the problems / issues confronted in 2010

Know the problems / issues need to be confronted in 2013

DO: Know the important laws, rules and


resolutions

The 1987Constitutionof the Republic of the Philippines

Batas Pambansa Blg. 881 Omnibus Election Code

Republic Act No.3019 Anti-Graft and Corrupt Practices Act

Republic Act No.6713 Code of Conduct and Ethical Standards for


Public Officials and Employees

Republic Act No.6734 Organic Act for the Autonomous Region in


Muslim Mindanao

Republic Act No.7160 Local Government Code

Republic Act No.7941 Party-list System Act

Republic Act No.9006 Fair Elections Act

RA No. 9369 amending RA No. 8436 Automated Election System

Comelec Rules of Procedures

Comelec Resolutions

New COMELEC Resolutions


Resolution Number
G.I. for BOC

Resolution No. 9648


22 February 2013

Title
GENERAL INSTRUCTIONS FOR THE BOARD OF CANVASSERS
ON THE CONSOLIDATION/ CANVASS AND TRANSMISSION
OF VOTES CONNECTION WITH THE MAY 13, 2013
NATIONAL AND LOCAL ELECTIONS

RMA
Resolution No. 9647
22 February 2013

IN THE MATTER OF AMENDING COMMISSION EN BANC


RESOLUTION NO. 9595, THE GENERAL INSTRUCTIONS FOR
THE CONDUCT OF A RANDOM MANUAL AUDIT (RMA) FOR
THE MAY 13, 2013 NATIONAL AND LOCAL ELECTIONS AND
SUBSEQUENT ELECTIONS THEREAFTER, PROMULGATED

Resolution No. 9595


21 December 2012

IN THE MATTER OF THE GENERAL INSTRUCTIONS FOR THE


CONDUCT OF A RANDOM MANUAL AUDIT (RMA) FOR THE
13 MAY 2013 NATIONAL, LOCAL & ARMM ELECTIONS AND
SUBSEQUENT ELECTIONS THEREAFTER

G.I. for BEI


Resolution No. 9640
15 February 2013

GENERAL INSTRUCTIONS FOR THE BOARD OF ELECTION


INSPECTORS (BEI) ON THE TESTING AND SEALING;
VOTING, COUNTING, AND TRANSMISSION OF RESULTS IN
CONNECTION WITH THE MAY 13, 2013 NATIONAL AND
LOCAL ELECTIONS

New COMELEC Resolutions


Resolution Number
G.I. for Campaign
Finance
Resolution No. 9616

16 January 2013

Title
GENERAL INSTRUCTIONS FOR THE IMPLEMENTATION OF
CAMPAIGN FINANCE LAWS AS PROVIDED IN RESOLUTION NO.
9476 , AS AMENDED IN CONNECTION WITH THE 13 MAY 2013
NATIONAL AND LOCAL ELECTIONS AND ALL SUBSEQUENT
ELECTIONS THEREAFTER

Resolution No. 9615

RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO.


9006, OTHERWISE KNOWN AS THE FAIR ELECTION ACT, IN
CONNECTION TO THE 13 MAY 2013 NATIONAL AND LOCAL
ELECTIONS, AND SUBSEQUENT ELECTIONS

Resolution No. 9576

IN THE MATTER OF ADOPTING THE EFFICIENT USE OF PAPER


RULE

12 December 2012
Resolution No. 9588

GUIDELINES ON THE ESTABLISHMENT AND OPERATION OF


COMELEC CHECKPOINTS IN CONNECTION WITH THE MAY 13,
2013 AUTOMATED SYNCHRONIZED NATIONAL, LOCAL AND
ARMM REGIONAL ELECTIONS

New COMELEC Resolutions


Resolution Number

Title

Resolution No. 9562

IN THE MATTER OF CLUSTERING/GROUPING OF PRECINCTS


IN CONNECTION WITH THE MAY 13, 2013 AUTOMATED
NATIONAL, LOCAL AND ARMM REGIONAL ELECTIONS

Resolution No. 9558

N THE MATTER OF AMENDMENTS TO RESOLUTION NO.


9476, ALSO KNOWN AS THE RULES AND REGULATIONS
GOVERNING CAMPAIGN FINANCE AND DISCLOSURE.

Resolution No. 9386

RULES OF PROCEDURES IN THE INVESTIGATION AND


PROSECUTION OF ELECTION OFFENSE CASES IN THE
COMMISSION ON ELECTIONS.

Resolution No. 9385

CALENDAR OF ACTIVITIES AND PERIODS OF CERTAIN


PROHIBITED ACTS IN CONNECTION WITH THE MAY 13, 2013
NATIONAL AND LOCAL ELECTIONS

Using the legal arena to your


advantage

Getting an advance copy of the certified list of voters

Vote Protection at the Polling Areas and Canvassing


Centers

Filing deadlines and dates when you are required by


law to make certain reports

Strategically keeping an eye on your opponent

DOs for Legal Team

Undertake the necessary legal research, secure all


relevant election laws and COMELEC resolutions.
Brief candidates, members of the campaign team
and supporters on relevant legal issues
Undertake coordination and representation with
COMELEC
Monitor news which might have legal implications
Prepare bantay balota operations
Train Poll watchers
Establish Quick Reaction Team on Legal Queries
Prepare for legal controversies/ protests etc

DONTs for Legal Team

Fail to update/check the latest


resolutions / rulings issued by the
Comelec and the Supreme Court

Fail to give a heads-up to your principal


on potential legal issues he/she has to
contend with

DOs for Voters

Know you correct voting precinct

Bring legal identification cards/ authenticated documents to prove


your identity

Be at your precinct early on election day

Check if the ballot is clean and without any marking

Check if your ballot is authenticated by the BEI

Fully shade the ovals beside the names of the candidates

Ensure that your ballot is read and accepted by the machine

DONTs for Voters

Dont speak to anyone in the polling precinct


except to the members of the BEI
Don't bring the ballot, secrecy folder or
marking pen outside the polling place.
Don't fill in your ballot without using the
secrecy folder.
Don't fill in your ballot when there is another
person in the booth, unless you are illiterate
or disabled.
Don't erase any printing on the ballot or put
any distinguishing mark.

DONTs for Voters

Don't use carbon paper or other means to copy the


contents of your ballot (this includes digital cameras,
cellular phones with camera and similar gadgets).
Don't tear or deface the ballot.
Don't disrupt the normal operation of the PCOS.
Don't carry any firearms or deadly weapons into the
polling place.
Dont accept any money or anything of value from
candidates in exchange of votes
Dont vote in substitution to another
Dont vote more than once in the same election
Dont accept, free of charge, directly or indirectly:
transportation, food, and drinks during election day.

DOs for Candidates

Know the size of proper campaign materials


as provided in COMELEC Resolution 9165

2x3 ft.
3x8 ft. during public meetings

Know the common poster areas


Know the total minutes allowed for
television and radio ads
Always identify the name and address of
the payor (re: campaign ads)

DONTs for Candidates

Dont give/promise anything of value to voters and


members of the BEI
Dont use public/government funds as campaign finance
Dont carry firearms outside of residence or business
Dont employ policemen/ government personnel as
bodyguard during campaigns or on the day of the
election
Dont campaign during Maundy Thursday, Good Friday,
Eve of the Election, and Election day
Dont accept donations from foreign individuals/
businesses
Dont give free of charge, directly or indirectly:
transportation, food, and drinks

Election Offenses
Who is liable for Vote buying? How is it committed?
Vote buying is committed by ANY PERSON:
a) who gives, offers, promises money or value;
b) who gives or promises any office or employment;
c) who makes or offers to make an expenditure,
or cause an expenditure to be made to any person
or association;
in order to induce anyone or the public to vote for or against any
candidate (OEC, Art. 261, A1)
VOTE SELLING is the crime of one who accepts (OEC, Art. 26, A2)

Election Offenses
Prosecution of Vote-buying and Vote-Selling (RA
6646, Sec 28 ) states that:
The presentation of a complaint for violation of
paragraph (a) or (b) of Section 261 of BP 881
supported by affidavits of complaining witnesses
attesting to the offer or promise by, (or of the voters
acceptance of money or other consideration from) the
relatives, leaders, or sympathizers of a candidate,
shall be sufficient basis for an investigation to be
immediately conducted by the Commission, directly
or through its duly authorized legal officers, under
Section 68 or Section 265 of said BP 881.
One of the effective ways of preventing the commission of vote buying
and of prosecuting those committing it is the grant of immunity from
criminal liability in favor of the party whose vote was bought.

Blanco (and nolasco) vs. alarilla, 1997

Election for mayor of Meycauayan, Bulacan was held on May 08, 1995.

The principal protagonists were:

Florentino P. Blanco (petitioner)

Eduardo Alarilla (private respondent)

Blanco received 29, 753 votes while Alarilla got 23, 038 votes.

Eduardo Nolasco was elected Vice-Mayor with 37,240 votes.

On May 09, 1995, Alarilla filed with the COMELEC a petition to disqualify
Blanco.

Among were his allegations:

When the said PNP composite team examined the ten (10) black plastic
bags, they found out that each bag contained ten (10) shoe boxes. Each
shoe box when examined contained 200 pay envelopes, and each pay
envelope when open contained the amount of Php 1,000.00. When
questioned, respondents brother, Mariano Blanco and respondents wife,
admitted to the raiding team that the total amount of money in the ten (10)
plastic bags is Php 10,000,000.00

Blanco (and nolasco) vs. alarilla, 1997

Among were his allegations:

The labels found in the envelope shows that the money were intended as
respondents bribe money to the teachers of Meycauayan (14)

On election day on May 08, 1995, respondent perpetrated the most


massive vote-buying activity ever in the history of Meycauayan politics
(15)

Attached as Annex D is the envelope where this Php


10,000,000.00 was placed in 100 peso denominations totalling one
thousand pesos per envelope with the inscription: VOTE!!! TINOY.

The above acts committed by the respondent are clear grounds for
disqualification under Sec. 68 of the Omnibus Election Code for giving
money to influence, induce, or corrupt the voters or public officials
performing election functions; for committing acts of terrorism to enhance
his candidacy; and for spending in his election campaign an amount in the
excess of that allowed by the Election Code. There are only 97,000
registered voters in Meycauayan versus respondents expenses of at least
Php 10,000,000.00 as admitted above.

Penera vs. comelec, nov. 2009

Supreme
that:

Court

ruled

any person who files his


certificate of candidacy
within the [filing] period
shall only be considered
a candidate at the start
of the campaign period
for which he filed his
certificate of candidacy.

Election Offenses

Election offenses can be committed by a


candidate only upon the start of the
campaign period. This clearly means that
before the start of the campaign period, such
election offenses cannot be so committed.

A candidate is liable for an election offense


only for acts done during the campaign period,
not before. Any election offense that may be
committed by a candidate under any election
law cannot be committed before the start of
the campaign period.

Election Offenses
OEC, Art. 266: Arrest in connection with the election campaign.
No person shall be arrested and/or detained at any time
for any alleged offense committed during and in
connection with any election through any act or
language tending to support or oppose any candidate,
political party or coalition of political parties under or
pursuant to any order of whatever name or nature and
by whomsoever issued
EXCEPT ONLY upon a warrant of arrest issued by a
competent judge after all the requirements of the
Constitution shall have been strictly complied with. XXX

Official Watchers
Every registered political party or coalition of political
parties, and every candidate shall each be entitled to
one watcher in every polling place and canvassing center:
Provided That, candidates for the Sangguniang
Panlalawigan, Sangguniang Panlunsod, or
Sangguniang Bayan belonging to the same slate or ticket
shall collectively be entitled to only one watcher.
The dominant majority and minority parties shall each
be entitled to one official poll watcher.
There shall also be recognized 6 principal watchers,
representing the 6 accredited major political parties.

Prohibited Acts and


Penalties
Refusal or failure to provide the dominant majority and dominant
minority parties or the citizens'' arm their copy of election
returns;

Any person convicted for violation of this Act, except those convicted of the
crime of electoral sabotage, shall be penalized with imprisonment of
eight years and one day to twelve (12) years without possibility of
parole, and perpetual disqualification to hold public office and
deprivation of the right of suffrage. Moreover, the offender shall
be perpetually disqualified to hold any non-elective public office."

DOs for Poll Watchers

Take note of what they may see or hear

Take photographs of the proceedings and incidents during the


testing and sealing, voting, counting of votes;

The watchers representing the dominant majority/minority


parties and watchers of PPCRV, if available, shall affix their
signatures and thumb marks in the election returns.

File a protest against any violation of law which they believe


may have been committed by the BEI or by any of its
members or by any person;

Bring necessary documents to authenticate his identity as


poll watcher

DONTs for Poll Watchers

Do not enter the polling place reserved


for voters and BEI
Do not communicate directly with a
voter
Talk to an election officer unless
responding to a question or bringing
attention to some
voting irregularity or violation.
Wear a name badge, campaign button or
t-shirt, or law enforcement badge

Election Offenses
Q: Is the mere fact that there are more votes cast than
are registered voters a crime?
A: Yes. Any member of the Board of Election Inspectors who
has made possible the casting of more votes than there are
registered voters shall be guilty of an election offense.
Q: Is it a crime to print ballots or election returns in
quantities
exceeding those authorized by the
Commission?
A: Yes it is a crime for any official or employee of any printing
establishment or of the Commission or any member of the
committee in charge of the printing to print in excess.

Rules and Regulations


Implementing the Fair Election Act
(R.A 9006)
Establishment o f Headquarters

A registered party with national constituency and a national


candidate may establish one headquarters in each province or
highly urbanized city;

A registered political party with regional constituency may


establish one headquarters in each province or highly
urbanized city in the region;

A registered political party with provincial constituency and


a provincial candidate may be allowed to establish one
headquarters in each municipality;

Rules and Regulations


Implementing the Fair Election Act
(R.A 9006)
Establishment o f Headquarters

Congressional candidates may be allowed to establish one


headquarters in the legislative district they seek to
represent. Should their legislative district be composed of
several municipalities, they may be allowed to establish one
headquarters per municipality;

City candidates may be allowed


headquarters per councilor district;

Municipal candidates may be allowed to establish one


headquarters in the entire municipality.

to

establish

one

Rules and Regulations


Implementing the Fair Election Act
(R.A 9006)
Submission of List of Location o f Headquarters

All parties and candidates shall submit within five (5) days from
their establishment, the list showing the specific locations and
addresses of all their headquarters, to the following offices:

a. National parties and candidates - Law Department

b. Provincial parties and candidates - PES

c. City and Municipal parties and candidates - EO

d. Parties and Candidates in the NCR - RED

The Official of the COMELEC to whom the list of headquarters is


submitted shall furnish copies thereof to the Law Department and
the Education and Information Department, within five (5) days
from receipt of the list.

Rules and Regulations


Implementing the Fair Election Act
(R.A 9006)
Rallies, Meetings and Other Political Activities

Any party or candidate shall notify the election officer


concerned of any public rally said party or candidate intends to
organize and hold in the city or municipality. The notice must be
submitted three (3) working days prior to the date thereof,
and must include the venue and its address, as well as a
commitment to submit a Statement of Expenses, and within
seven (7) working days thereafter submit to the election officer a
Statement of Expenses incurred in connection therewith. The
prescribed forms for Notice of Public Rally and Statement of
Expenses are provided in Comelec Resolution No. 9476.

Rules and Regulations


Implementing the Fair Election Act
(R.A 9006)
Prohibited Acts During Public Meetings

It is unlawful for any candidate, party or any person to give or


accept,
free
of
charge,
directly
or
indirectly,
transportation, food and drinks, or anything of value during
and within the five (5) hours before and after a public
meeting, or to give or contribute, directly or indirectly, money or
things of value for such purpose.

Do: Prepare for all


eventualities

Ensure all evidence which you need to


use in the event that you need to file a
protest

Effective Documentation

Know the legal remedies and procedures

Election complaints and dispute


resolution

Basics of the Philippine EDR System

COMELEC both runs elections and decides


certain election disputes
Only courts can resolve issues on right to
vote
Jurisdiction over post election contests is
apportioned among the COMELEC, Electoral
Tribunals, and the regular courts
Election offenses are treated as ordinary
criminal offenses

Nature of Election Disputes

Disputes on Right to Vote


Disputes on Candidacies and Registration of
Political Parties
Disputes on Campaigns
Disputes involving management and
conduct of elections
Disputes on Election Day at the Polling Place
Disputes on the Results of the Elections
Disputes relating to Election Offenses

THANK YOU VERY MUCH!