24150734-2008-Election-Review.doc

ELECTION LAW

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ATENEO ELECTION LAW 2008

GENERAL PRINCIPLES Sources of Philippine election law

The election laws of the Philippines are contained in the following:

1987 Constitution

BP 881 (Omnibus Election Code)

RA 6646 (Electoral Reforms Law of 1987)

RA 6679 (Barangay Elections)

RA 6735 (Law Providing for Initiative and Referendum)

RA 7166 (1991 Synchronized Elections Law)

RA 7941 (Election of Party-List Representatives)

RA 8189 (Continuing Registration)

RA 8436 (Automated Election System)

RA 8524

RA 9006 (Fair Election Act of 2001)

THEORY OF POPULAR SOVEREIGNTY

Art. II, Sec. 1 1987 Constitution:

The Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them.

A democratic and republican government derives all its powers, directly or indirectly, from the people at large. Its essence is indirect rule. Actual sovereignty is exercised by the people by means of suffrage.

Suffrage defined

Suffrage is the right and obligation of qualified citizens to vote:

(1) in the election of certain national and local officials, and

(2) in the decision of public questions submitted to the people.

It is a political right which enables every citizen to participate in the process of government to assure that it derives it powers from the consent of the governed. It operates on the principle of "one man (or one woman), one vote."

Suffrage is not a natural right but a privilege which may be given or withheld by the lawmaking power subject to constitutional limitations. It is not necessarily an accompaniment of citizenship; it is granted only upon the fulfillment of certain minimum conditions.

Scope of suffrage

Suffrage encompasses the following:

(1) Election

Election is the means by which the people choose their officials for definite periods and to whom they entrust, for the time being as their representatives, the exercise of powers of government. It involves the choice of candidates to public office by popular vote.

a. Regular election refers to an election participated in by those who possess the right of suffrage and not disqualified by law and who are registered voters

b. Special election when there is failure of election on the scheduled date of regular election in a particular place or which is conducted to fill up certain vacancies, as provided by law (ex. To fill in vacancy in office before the expiration of the term for which incumbent was elected)

(2) Plebiscite

Plebiscite is the submission of constitutional amendments or important legislative measures to the people for ratification.

(3) Referendum

Referendum is the power of the electorate to approve or reject legislation through an election called for the purpose. (Sec. 2c, R.A. 6735) It may be of 2 classes, namely:

(a) Referendum on statutes, which refers to a petition to approve or reject an act or law, or part thereof, passed by Congress; and

(b) Referendum on local law which refers to a petition to approve or reject a law, resolution or ordinance enacted by regional assemblies and local legislative bodies

(4) Initiative

Initiative is the power of the people to propose amendments to the Constitution or to propose and enact legislation through an election called for the purpose. (Sec. 2a, R.A. 6735) There are 3 systems of initiative, namely:

(a) Initiative on the Constitution which refers to a petition proposing amendments to the Constitution;

(b) Initiative on statutes, which refers to a petition proposing to enact a national legislation;

(c) Initiative on local legislation which refers to a petition proposing to enact a regional, provincial, city, municipal or barangay law, resolution or ordinance

Note that in the case of Santiago v. COMELEC, the Supreme Court held that there is no law yet that is sufficient enough for proposing amendments to the Constitution. R.A. 6735 was deemed sufficient for statutory amendments but not Constitutional amendments.

(5) Recall

Recall is the termination of official relationship of a local elective official for loss of confidence prior to the expiration of his term through the will of the electorate.

Who can exercise

Under Art. V, Sec. 1 of the 1987 Constitution, the right of suffrage may be exercised by all citizens of the Philippines who are:

(1) not otherwise disqualified by law,

(2) at least 18 years of age, and

(3) have resided in the Philippines for at least 1 year, and in the place wherein they propose to vote for at least 6 months immediately preceding the election.

The same provision provides that no literacy, property or other substantive requirement shall be imposed on the exercise of suffrage, and that Congress may not add or alter the qualifications of voters under Art. V, Sec. 1 of the 1987 Constitution. This specification is an implied prohibition against interference on the part of Congress in the right of suffrage.

Congress, however, to a limited extent can regulate the right of suffrage by:

Defining the qualifications of voters

Regulating elections

Prescribing the form of official ballot

Providing for the manner of choosing candidates and the names to be printed on the ballot

Regulating the manner of conducting elections

Suppressing whatever evils incident to the election of public officers, pursuant to its duty to secure the secrecy and sanctity of the ballots under Art. V, Sec. 2 of the 1987 Constitution.

What are the substantive requirements for the exercise of suffrage?

The only substantive requirements to exercise the right to vote are: (CARA)

(1) Citizenship

(2) Age

(3) Residency

(4) Absence of disqualifications

Filipino citizenship

This may be by birth or naturalization.

Age

Must be at least 18 at the time of the election.

Residence

For the purposes of election law, residence is synonymous with domicile. Art. 50 of the Civil Code provides that for the existence of civil rights and the fulfillment of civil obligations, the domicile of natural persons is the place of their habitual residence. Domicile includes the twin elements of the fact of residing or physical presence in a fixed place and animus manendi, or the intention of returning there permanently. (Romualdez-Marcos v. COMELEC)

Every person is deemed to have his domicile somewhere, and when it has been acquired, it will be deemed to continue until a new one has been acquired. Temporary absences although frequent or long continued, will not, while the person has a continuous intention to return, deprive him of his domicile and right to vote.

Any person who temporarily resides in another city, municipality or country solely by reason of his occupation, profession, employment in private or public service, educational activities, work in the military or naval reservations within the Philippines, service in the AFP, the PNP, or confinement or detention in government institutions in accordance with law, shall not be deemed to have lost his original residence. (Sec. 9, R.A. 8189)

It is not necessary that a person should have a house in order to establish his residence or domicile in a municipality. It is enough that he should live there, provided that his stay is accompanied by his intention to reside therein permanently.

Literacy requirements

The Constitution imposes no literacy requirements; hence illiterates have the right to vote.

Property requirements

Neither does the Constitution impose any property requirement since property ownership is not a test of individual capacity. A property requirement is not only inconsistent with the concept of a republican government, but with the social justice principle of equal opportunity as well.

Formal education

Formal education is no guarantee for good citizenship or intelligent voting.

Sex

There is no adequate or justifiable basis for depriving women of equal voting rights.

Taxpaying Ability

This is related to property requirement.

Romualdez-Marcos v. COMELEC (248 SCRA 300)

It is the fact of residence, not a statement in the certificate of candidacy which ought to be decisive in determining whether or not an individual has satisfied the Constitutions residency qualification requirement.

To successfully effect a change of domicile, one must demonstrate: (1) an actual removal or an actual change of domicile; (2) a bona fide intention of abandoning the former place of residence and establishing a new one; and, (3) acts which correspond with the purpose.

Aquino v. COMELEC (248 SCRA 400)

The place where a party actually or constructively has his permanent home, where he, no matter where he may be found at nay given time, eventually intends to return and remain, i.e., his domicile, is that to which the Constitution refers when it speaks of residence for the purpose of election law. The purpose is to exclude strangers or newcomers unfamiliar with the conditions and needs of the community from taking advantage of favorable circumstances existing in that community for electoral gain.

Disqualifications

(1) Persons sentenced by final judgment to suffer imprisonment for not less than one (1) year. (Note: he / she shall automatically re-acquire the right to vote upon the expiration of 5 years after the service of sentence.)

(2) Persons adjudged by final judgment of having committed any crime involving disloyalty to the duly constituted government (e.g. rebellion, sedition, violation of the firearms law) or any crime against national security. (Note: he / she shall automatically re-acquire the right to vote upon the expiration of 5 years after the service of sentence.)

(3) Insane or incompetent persons as declared by competent authority.THE COMELEC Purpose

The purpose of the COMELEC is to protect the sanctity of the ballot and to ensure the free and honest express of the popular will.

To achieve this, the COMELEC was created as an independent administrative tribunal, co-equal with the other departments with respect to the powers vested in it, and not under any of the branches of Government. The intention is to place it outside the influence of political parties and the control of the legislative, executive, and judicial organs of the government.

To preserve the independence of the COMELEC, appointments or designations in temporary or acting capacities are not allowed.

Composition

Composition:

chairman

6 commissioners

Qualifications:

Natural born citizens

At least 35 years old

Holders of a college degree

Must not have been candidates for any elective position in the immediately preceding elections

Majority of the members, including the chairman, should be members of the Bar who have been engaged in the practice of law for at least 10 years.

The chairman and the commissioners are to be appointed by the President with the consent of the Commission on Appointments.

The Commissioners serve for 7 years without reappointment, under staggered terms of 2 years interval: of 3 commissioners first appointed, 3 shall hold office for 7 years, 2 for 5 years, and the rest for 3 years.

The staggering of terms makes the COMELEC a continuing and self-perpetuating body, and consequently its members would have the benefit of the experience and expertise of the older members in the performance of its functions.

The COMELEC Commissioners are subject to the same disabilities imposed on the President and the Vice-President, including the prohibition against holding any other office or engaging in any other profession or business.

Powers and functions

The powers and functions of the COMELEC may be classified as follows:

(1) Enforcement and administration of election laws and regulations (Art. IX-C, Sec. 2 (1), 1987 Constitution) Promulgation of rules and regulations (Art. IX-C, Sec. 6; BP 881, Sec. 52b) Fixing of election period (which shall commence 90 days before the election and end 30 days thereafter, unless otherwise fixed by the COMELEC in special cases; Art. IX-C, Sec. 6, 1987 Constitution) Fixing of other reasonable periods for certain pre-election requirements (BP 881, Sec. 52m) Declaration of failure or postponement of elections, as well as call for special elections (Sec. 4, RA 7166) Prescribe forms, as well as use or adoption of latest technological and electronic devices (BP 881, Sec. 52 g, i) Annulment or cancellation of illegal registry lists of voters and ordering the preparation of a new one;

Cancellation of the canvass of election returns and annulment of a proclamation based on incomplete results. (Note, however, that the COMELEC does not have the power to annul an election which may not have been free, orderly, and honest as such power is merely preventive and not curative.)(2) Quasi-judicial powers

The COMELEC has exclusive original jurisdiction over all contests relating to the election, returns and qualifications of all elective, regional, provincial and city officials.

The COMELEC has exclusive appellate jurisdiction over all contests involving municipal officials decided by the RTC, or involving elective barangay officials decided by the MTC. In these cases, the decisions therein shall be final, executory and unappealable. (Art. IX-C, Sec. 2 (2), 1987 Constitution)

Pursuant to its quasi-judicial powers, the COMELEC has the power:

To issue subpoena;

To take testimony;

Of contempt (Note, however, that the COMELEC's power to punish for contempt may be exercised ONLY in the exercise of its quasi-judicial functions. The COMELEC has no power to hold a person in contempt in the exercise of its administrative functions (e.g. reporter criticizes a contract with COMELEC for supplies, or a person fails to follow the procedure for the distribution of ballot boxes). To issue warrants of arrest;

Of certiorari, prohibition and mandamus (Note: but only in exercise of its appellate jurisdiction; Relampagos v. Cumba, )(3) Decide all questions affecting elections (Art. IX-C, Sec. 2 (3), 1987 Constitution)The power of the COMELEC to decide all questions affecting elections pertains to the following:

(1) determination of the number and location of polling places

(2) appointment of election officials and inspectors

(3) registration of voters

However, the COMELEC has NO jurisdiction over questions involving the right to vote (i.e. disqualifications of voters, right of a person to be registered, etc.), as these rest within the exclusive original jurisdiction of the MTC, appealable to the RTC.

(4) Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government for the exclusive purpose of ensuring free, orderly, honest, peaceful and credible elections (Art. IX-C, Sec. 2(4), 1987 Constitution) CMT cadets 18 yrs. of age and above may be authorized to act as the COMELEC's deputies for the purpose of enforcing its orders (Sec. 52a, BP 881) The COMELEC may deputize any member or members of the AFP, NBI, PNP or any similar agency or instrumentality of the government (except civilian home defense forces) during the period of the campaign and ending 30 days thereafter, when in any area of the country there are persons committing acts of terrorism to influence people to vote for or against any candidate or political party. (Sec. 52b, BP 881)(5) Register political parties, etc. (Art. IX-C, Sec. 2 (5), 1987 Constitution)(6) Accredit citizens' arms (Art. IX-C, Sec. 2 (5), 1987 Constitution)(7) Investigation and prosecution of cases of violation of election laws (Art. IX-C, Sec. 2 (5), 1987 Constitution)The COMELEC has the power of a public prosecutor with the exclusive authority to conduct the preliminary investigation and the prosecution of election offenses punishable under the election law.

The power may be exercised upon complaint or motu propio.

The Ombudsman has NO jurisdiction to prosecute election offenses. He may do so only if he is deputized by the COMELEC.

(8) Filing of petitions in court for inclusion or exclusion of voters (Art. IX-C, Sec. 2 (6), 1987 Constitution)(9) Recommendatory:

(a) to Congress

effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidates. (Art. IX-C, Sec. 2 (7),1987 Constitution)(b) to the President

for removal of any officer or employee it has deputized (Sec. 52a, BP 881); for imposition of disciplinary action for violation or disregard of, or disobedience to its directive, order, or decision (Art. IX-C, Sec. 2 (8), 1987 Constitution);

for pardon, amnesty, parole, suspension of sentence for violation of election laws, rules and regulations (Art. IX-C, Sec. 5 1987 Constitution;

This is to prevent the possibility of the President granting executive clemency for political reasons.)(10) Supervision / Regulation, for the duration of the election period, of use of all franchises or permits for operation of:

transportation and other public utilities; media of communication or information; all grants, special privileges, or concessions granted by the Government or any instrumentality thereof (Art. IX-C, Sec. 4, 1987 Constitution)

The purpose of supervision and regulation is to guarantee or ensure equal opportunity for public service and the equitable right to reply, for public information campaigns and fora among candidates, and assure free, orderly, honest, peaceful and credible elections. (Sec. 2, R.A. 9006)

No franchise or permit to operate a radio or television station shall be granted or issued, suspended or cancelled during the election period. (Sec. 6.4, R.A. 9006)

COMELEC is mandated under Sec. 7 of R.A. 9006 to exercise affirmative action in procuring print space upon payment of just compensation from at least 3 national circulation, and free airtime from at least 3 national TV networks and 3 national radio networks, all of which are to be allocated free of charge equally and impartially among all the candidates for national office on 3 different calendar days.

Quasi-Judicial Powers

Jurisdiction

The COMELEC has exclusive original jurisdiction over all contests relating to the election, returns and qualifications of all elective, regional, provincial and city officials.

The COMELEC has exclusive appellate jurisdiction over all contests involving municipal officials decided by the RTC, or involving elective barangay officials decided by the MTC. In these cases, the decisions therein shall be final, executory and unappealable. (Art. IX-C, Sec. 2 (2), 1987 Constitution)

Rendition of Decision

Composition; En Banc and Division Cases

The COMELEC may sit en banc or in 2 divisions.

As a general rule, election cases shall be heard and decided in division.

Decisions that must be rendered by the COMELEC en banc include:

Decisions on motions for reconsideration (Art. IX-C, Sec. 3, 1987 Constitution); Petitions for correction of manifest errors in the Statement of Votes (Sec. 5, Rule 27 of the 1993 Rules of the COMELEC); Questions pertaining to proceedings of the Board of Canvassers (Mastura v. COMELEC, 285 SCRA 493) Postponement of election (Sec. 4, R.A. 7166) Declaration of failure of election (Sec. 4, R.A. 7166) Calling of special elections (Sec. 4, R.A. 7166)Time Period and Votes Required

The COMELEC shall decide by a majority vote of all its members any case or matter brought before it within 60 days from the date of its submission for decision or resolution. (Art. IX-A, Sec. 7 1987 Constitution)

Judicial Review

Unless otherwise provided by the Constitution or by law, any decision, order or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within 30 days from receipt of a copy thereof. (Art. IX-A, Sec. 7, 1987 Constitution)

What is contemplated in this provision are decisions, orders or resolutions rendered by the COMELEC in the exercise of its adjudicatory or quasi-judicial powers not those which are mere incidents of its inherent administrative functions over the conduct of elections. Questions arising from the latter may be taken in an ordinary civil action before the RTC.

By certiorari, a party raises questions of law in the Supreme Court. Findings of fact made by the COMELEC are conclusive upon the Supreme Court.

The Supreme Court has no power of supervision over the COMELEC except to review its decisions on petitions by certiorari. The certiorari jurisdiction of the Supreme Court is confined to instances of grave abuse of discretion amounting to patent and substantial denial of due process committed by it in the exercise of its quasi-judicial powers.

ELECTIONS IN GENERALKinds of elections

General election

It is one provided for by law for the election to offices throughout the State or a certain subdivision thereof, after the expiration of the full term of former officers.

Special election

It is one provided for by law under special circumstances.

It is an election held to fill a vacancy in an office before the expiration of the full term for which the incumbent was elected, or an election at which some issue or proposition is submitted to the vote of the qualified electors.

Date of Election Under the Law

In accordance with the Constitutional policy to synchronize elections, there is a simultaneous conduct of elections for national and local officials once every 3 years. Under R.A. 7166, elections shall be held on the 2nd Monday of May.

The President and Vice-President are elected on the same day every 6 years.

Senators, Elective Members of the House of Representatives, and Elective Provincial, City and Municipal Officials are elected on the same day every 3 years, except with respect to the Senators, only 12 of whom shall be elected every 3 years.

Barangay Elections are held on the same day, and every 5 years thereafter, the term for elective barangay officials having been extended from 3 years to 5 years. (R.A. 7160, Sec. 43 (c) as amended by R.A. 8524)

Time and Place for Holding Elections

The time must be fixed by the authoritative power (i.e. the Constitution; laws in the case of regular elections; the executive or other designated power in the case of special elections). The place for holding elections shall be fixed by general law or by a proclamation or by the notice by which the election is called. Such designated place shall be mandatory.

In case of emergencies which necessitate the changing of a polling place, adequate general notice must be given.

Manner of Holding Elections

While the manner of holding elections must be regulated, it is obvious that the manner prescribed is intended simply to secure the correct result. Manner and form should not be allowed to defeat the undoubted will of the people clearly expressed. (C.J. Simpson)

Regulations prescribed are merely directory, and a failure to observe them fully will not invalidate the election, where an election has been held in good faith and irregularities do not affect the result.

Where a special election is provided for, but no method of holding it is declared, it will be sufficient if it is held in the manner prescribed for the holding of general elections.

PRE-ELECTION REQUIREMENTS PRECINCTS AND POLLING PLACES

Precincts

Precinct, defined

- unit of territory for the purpose of voting (Sec. 149, BP 881)

Establishment of Precincts

The COMELEC shall establish all election precincts. Each barangay shall have at least 1 such precinct. (Sec. 149, BP 881)

The COMELEC may introduce adjustments, changes or new divisions or abolish precincts if necessary. But no changes shall be introduced within 45 days before a regular election and 30 days before a special election or referendum or plebiscite. (Sec. 149, BP 881)

Where it is not practicable to divide a precinct by territory, the COMELEC may adjust or split the precinct by assigning the registered voters alphabetically and equitably among the adjusted or split precinct. The polling places of the said precincts must be in the same building. (Sec. 8, R.A. 7166)

Publication of Maps of Precincts

At least 5 days before the first registration day and until after the election, referendum, or plebiscite, the COMELEC shall post in the city or municipal hall and in 3 other conspicuous places and on the door of each polling place, a map of the city or municipality showing its division into precincts. Such maps shall be kept posted until after the election, referendum or plebiscite. (Sec. 151, BP 881)

Polling Places

Polling place, defined

POLLING PLACE: Building or place where the Board of Election Inspectors conducts its proceedings and where the voters cast their votes (Sec. 152, BP 881)

Designation of polling places

The COMELEC may introduce changes in the location of polling places when necessary after notice to the registered political parties and candidates affected if any, and hearing. No location shall be changed within 45 days before a regular election and 30 days before a special election, referendum or plebiscite except when it is destroyed or it cannot be used. (Sec. 153, BP 881)

Arrangements and Contents of Polling Places

Each polling place shall have at least 10 voting booths of such size, specifications and materials as the COMELEC may provide to enable the voters to fill out their ballots secretly. (Sec. 158, BP 881) The polling place shall be so arranged that the booths, the table, the ballot boxes and the whole polling place, except what is being written within the booths, shall be in plain view of the board of election inspectors, the watchers and other persons who may be within the polling place. (Sec. 159 (d), BP 881)

The COMELEC shall post inside each voting booth and elsewhere in the polling place on the day before the election, referendum, or plebiscite and during the voting period a list containing the names of all candidates or the issues or questions to be voted for. (Sec. 158; BP 881)

There shall be a guard rail between the voting booths and the table for the Board of Election Inspectors. (Sec. 159; BP 881)

Inspection of polling places

Before the day of the election, referendum or plebiscite, the Chairman of the COMELEC shall, through its authorized representatives, see to it that all polling places are inspected and such omissions and defects as may be found are corrected. (Sec. 163, BP 881)

OFFICIAL BALLOTS, ELECTION RETURNS

& BALLOT BOXES

Form and Contents of ballots

The ballots shall:

be uniform in size;

be printed in black ink on white security paper with distinctive, clear and legible watermarks that will readily distinguish it from ordinary paper;

be in the shape of a strip with stub and a detachable coupon containing the serial number of the ballot and a space for the thumbmark of the voter on the detachable coupon;

bear at the top middle portion the coat-of-arms of the Republic, the words, Official Ballot, the name of the city or municipality and the province, the date of the election and the following notice in English, Fill out this ballot secretly inside the voting booth. Do not put any distinctive mark on any part of this ballot;

contain the names of all the offices to be voted for, allowing opposite the name of each office, sufficient space or spaces with horizontal lines where the voter may write the name or names of the individual candidates voted for by him;

have nothing printed or written at the back except the signature of the chairman of the Board of Election Inspectors

Notwithstanding the preceding provisions, COMELEC may prescribe a different form of official ballot on the same watermarked security paper to facilitate the voting by illiterate voters only and to use or adopt the latest technological and electronic devices in connection therewith. (Sec. 23, R.A. 7166)

Emergency Ballots

GR: No ballots other than the official ballots shall be used or counted.

Exception: "Emergency ballots" may be used if:

failure to receive the official ballots on time

there are no sufficient ballots for all registered voters the ballots are destroyed at such time as shall render it impossible to provide other official ballots. In these cases, the city or municipal treasure shall provide other ballots which shall be as similar to the official ones as circumstances will permit and which shall be uniform within each polling place. (Sec. 182, BP 881)

Printing of official ballots and election returns

The official ballots and election returns shall be printed by the Government Printing Office and/or the Central Bank printing facilities exclusively, under the exclusive supervision and control of the COMELEC which shall determine and provide the necessary security measures in the printing, storage and distribution thereof. (Sec. 184, BP 881)

The registered political parties or coalitions of parties (or their components should there be any dissolution or division of said coalition) whose candidates obtained at least 10% of the total votes cast in the next preceding senatorial election are each entitled to have a watcher and/or representative in the procurement and watermarking of papers to be used in the printing of election returns and official ballots, and in the printing, numbering, storage and distribution thereof. (Sec. 8, R.A. 6646)

Requisition and Distribution

The official ballots and election returns shall be distributed to each city and municipality at the rate of one and one-fifth ballots for every voter registered in each polling place, and for election returns, at the rate of one set for every polling place. (Sec. 186, BP 881)

The ruling party and the dominant opposition party shall submit the names of their watchers who, together with the representatives of the COMELEC and the provincial, city, and municipal treasurers shall verify the contents of the boxes containing the shipment of official ballots, election returns and sample official ballots. (Sec. 189, BP 881)

Publication

The COMELEC shall publish at least 10 days before an election, in a newspaper of general circulation, certified data on the number of ballots and returns and the names and addresses of the printers and the number printed by each.

Ballot boxes

On the day of the voting, there shall be a ballot box one side of which shall be transparent which shall be set in a manner visible to the voting public. It shall contain two compartments, one for valid ballots and the other for spoiled ballots.

REGISTRATION OF VOTERS

Registration defined

- the act of accomplishing and filing of a sworn application for registration by a qualified voter before the election officer of the city or municipality wherein he resides and including the same in the book of registered voters upon approval by the Election Registration Board. (Sec. 3a, R.A. 8189)

Necessity of registration

"The act of registration is an indispensable precondition to the right of suffrage. For registration is part and parcel of the right to vote and an indispensable element in the election process. Thus registration cannot and should not be denigrated to the lowly stature of a mere statutory requirement. Proceeding from the significance of registration as a necessary requisite to the right to vote, the State undoubtedly, in the exercise of its inherent police power, may then enact laws to safeguard and regulate the act of voters registration for the ultimate purpose of conducting honest, orderly and peaceful election, to the incidental yet generally important end, that even pre-election activities could be performed by the duly constituted authorities in a realistic and orderly manner one which is not indifferent and so far removed from the pressing order of the day and the prevalent circumstances of the times." (Akbayan, et al v. COMELEC, G.R. No.147066, March 26, 2001) Qualifications and Disqualifications

See previous discussion under Suffrage.

Election Registration Board

(Sec. 15, R.A. 8189)

In each city and municipality, there shall be as many Election Registration Boards as there are election officers therein. In thickly populated cities or municipalities, the COMELEC may appoint additional election officers for such duration as may be necessary.

Composition

(1) Chairman:Election Officer. In case disqualified, the COMELEC shall designate an acting Election Officer.

(2) Members:

(a) Public school official most senior in rank; and

(b) Local civil registrar, or in his absence, the city or municipal treasurer. If neither are available, any other appointive civil service official from the same locality as designated by the COMELEC.

Disqualifications

No member of the Board shall be related to each other or to any incumbent city or municipal elective official within the 4th civil degree of consanguinity or affinity. If in succeeding elections, any of the newly elected city or municipal officials is related to a member of the Board within the 4th civil degree of consanguinity or affinity, such member is automatically disqualified to preserve the integrity of the Election Registration Board.

NOTE: It is an election offense to either:

(1) accept an appointment, to assume office and to actually serve as a member of the Board although ineligible thereto (Sec. 45d, R.A. 8189), or

(2) appoint such ineligible person knowing him to be ineligible (Sec. 45d, R.A. 8189)Function

Meet quarterly on the 3rd Monday of April, July, October and January of every calendar year (or on the next following working day if such designated days fall on non-working holidays)

To hear and process all applications for registration.

When registration conducted

Registration of voters shall be conducted not less than 120 days before a regular election and 90 days before a special election. (Sec. 8, R.A. 8189)

However, in the case of an initiative or referendum, the COMELEC is authorized to set a special registration day at least 3 weeks before the scheduled initiative or referendum. (Sec. 5, R.A. 6735)

CAN A SPECIAL REGISTRATION FOR A REGULAR ELECTION BE CONDUCTED OUTSIDE THE PERIOD PRESCRIBED IN SEC. 8, R.A. 8189 UNDER THE RESIDUAL OR STANDBY POWERS OF THE COMELEC UNDER SEC. 28, R.A. 8436?

No. In the case of Akbayan, et al v. COMELEC (G.R. No.147066, March 26, 2001), the Supreme Court held that Sec. 8 of R.A. 8189 explicitly provides that no registration shall be conducted during the period starting 120 days before a regular election. The purpose of having a 120-day prohibitive period is to enable the COMELEC to complete all the necessary pre-election activities, including the Project of Precincts, constitution of Board of Election Inspectors, Book of Voters and approved Voters Registration Records, Computerized Voters' List, and Voters Information Sheet. Registration of voters is not, contrary to popular opinion, merely the act of going to the Election Officer and writing the names down. It is "in fact, a long process that takes about 3 weeks to complete not even counting how long it would take to prepare for the registration in the first place."

Re-registration

A voter who is registered in the permanent list of voters need not register anew for subsequent elections unless:

(1) he transfers residence to another city or municipality; or

(2) his registration has been cancelled on the ground of disqualification and such disqualification has been lifted or removed (Sec. 125, BP 881);

System of Continuing Registration

Under Sec. 8 of RA 8189, the COMELEC has the power to conduct continuing registration. Such registration shall be conducted daily in the office of the Election Officer during regular office hours, except during the period starting 120 days before a regular election and 90 days before a special election. The filing of the application must be done personally.

Challenge of the right to register

Any person applying for registration may be challenged before the Election Registration Board:

by any voter,

by any candidate, or

by any representative of a registered political party.

Such challenge must be made in writing, under oath and must state the grounds therefor. (Sec. 18, R.A. 8189)

List of voters

The list of voters refers to an enumeration of names of registered voters in a precinct duly certified by the Election Registration Board for use in the election. (Sec. 3 (d), R.A. 8189)

The Board of Election Inspectors must post the final list of voters in each precinct 15 days before the date of the regular or special election or referendum or plebiscite.

Any candidate or authorized representative of an accredited political party upon formal request to an election registrar shall be entitled to a certified copy of the most recent list of voters upon payment of a reasonable fee.

Illiterate and Disabled Voters

Any illiterate person may register with the assistance of the Election Officer or any member of an accredited citizens arm. The application for registration of a physically disabled person may be prepared by any relative within the fourth civil degree of consanguinity or affinity or by the Election Officer or any member of an accredited citizens arm using the data supplied by the applicant [Sec. 14, RA 8189].

Inclusion-exclusion cases

Common rules governing judicial proceedings in the matter of inclusion, exclusion and correction of names of voters (Sec. 32, R.A. 8189)

(1) TIME OF FILING:During office hours

(2) NOTICE:Notice of the place, date and time of the hearing of the petition shall be served upon the members of the Board and the challenged voter upon filing of the petition.

Modes of service:

(1) personal delivery, or

(2) registered mail, or

(3) posting in the bulletin board of city or municipal hall and in 2 other conspicuous places within the city or municipality

(3) CONTENTS: Petition shall refer only to 1 precinct, and shall implead the Board as respondents

(4) COSTS: Generally, no costs shall be assessed against any party. However, the court may order a party to pay the costs and incidental expenses of the suit should it find that the application was filed solely to harass the adverse party and to cause him to incur expenses.

(5) INTERVENTION:Any voter, candidate or political party who may be affected by the proceedings may intervene and present his evidence.

(6) EVIDENCE: Shall be based on the evidence presented. In no case shall a decision be rendered upon a stipulation of facts.

If the case involves the issue of a fictitious voter, the non-appearance of the challenged voter on the day set for hearing shall be prima facie evidence that such voter is fictitious.

(7) DECISION: Petition shall be heard and decided within 10 days from date of filing.

Cases appealed to the RTC shall be decided within 10 days from receipt of the appeal. In all cases, the court shall decide these petitions not later than 15 days before the election and the decision shall become final and executory.

Jurisdiction and Appeal in Inclusion and Exclusion Cases

MTC: original and exclusive jurisdiction

RTC: appellate jurisdiction

Appeals must be made within 5 days from receipt of notice. Otherwise the decision of the MTC becomes final and executory after said period.

The RTC shall decide the appeal within 10 days from the time the appeal was received, and its decision shall be final and executory. No motion for reconsideration shall be entertained. (Sec. 138, BP 881; Sec. 33, R.A. 8189)

Petition for Inclusion of Voters in the List

The following may petition to be included in the voters list:

any person whose application by registration has been disapproved by the Board of Election Inspectors or

any person whose name has been stricken out from the list

Petitioner may apply at any time except 105 days prior to a regular election or 75 days prior to a special election. (Sec. 34, R.A. 8189)

Petition for Exclusion of Voters from the List

The following may petition for the exclusion of a voter from the permanent list of voters:

any registered voter;

any representative of a political party;

the Election Officer

Such petition may be filed at any time except 100 days before a regular election or 65 days before a special election. It shall be decided within 10 days from filing. (Sec. 35, R.A. 8189)

"The petition for exclusion is a necessary component to registration since it is a safety mechanism that gives a measure of protection against flying voters, non-qualified registrants, and the like. The prohibitive period, on the other hand serves the purpose of securing the voters substantive right to be included in the list of voters." (Akbayan, et al v. COMELEC, G.R. No.147066, March 26, 2001)

The citizenship of a person to be stricken from the list may be decided in the exclusion proceedings. However, the decision does not acquire the nature of res judicata considering the summary character of the case.

Voters Excluded Through the Inadvertence or Registered with an Erroneous or Misspelled Name (Sec. 37, R.A. 8189)

WHAT MAY BE FILED?

(1) Petition for reinstatement - filed by any registered voter who has not been included in the precinct certified list of voters

(2) Petition for correction of name - filed by any registered voter who has been included in the precinct certified list of voters with a wrong or misspelled name

WHERE FILED?With the Election Registration Board

If the petition is denied or not acted upon, the voter may file on any date with the proper MTC a petition for an order directing that the voter's name be entered or corrected in the list. The following must be attached to the petition:

(1) Certified true copy of his registration record, or identification card, or the entry of his name in the list of voters used in the preceding election;

(2) Proof that his application was denied or not acted upon by the Board;

(3) Proof that the petitioner has served notice of his application to the Board

Annulment of Book of Voters

(Sec. 39, R.A. 8189)

The book of voters refers to the compilation of all registration records in a precinct. (Sec. 3c, R.A. 8189)

WHO MAY FILE PETITION FOR ANNULMENT:

(1) Any voter;

(2) Any election officer; (3) Any duly registered political partyGROUNDS:

(1) The book of voters was not prepared in accordance with the provisions of R.A. 8189;

(2) The book of voters was prepared through: Fraud;

Bribery;

Forgery;

Impersonation;

Intimidation;

Force; or Any similar irregularity(3) The book of voters contains data that are statistically improbable

The book of voters shall be annulled after due notice and hearing by the COMELEC after the filing of a verified petition. No order, ruling or decision annulling a book of voters shall be executed within 90 days before an election.

Deactivation and reactivation of registration

Deactivation of registration (Sec. 27, R.A. 8189)

CAUSES OF DEACTIVATION:

(1) The 3 grounds for disqualification to vote, namely:(a) Sentence by final judgment to suffer imprisonment for not less than one (1) year, such disability not having been removed by plenary pardon or amnesty;

(b) Adjudgment by final judgment of having committed any crime involving disloyalty to the duly constituted government (e.g. rebellion, sedition, violation of the firearms law) or any crime against national security, unless restored to his full civil and political rights in accordance with law;(c) Declaration of insanity or incompetence by competent authority, unless subsequently removed;(2) Failure to vote in the 2 successive preceding regular elections, as shown by the voting records (Note: SK elections are NOT considered regular elections for this purpose);(3) Court order for exclusion of registration; and

(4) Loss of Filipino citizenship

Reactivation of registration (Sec. 28, R.A. 8189)

PETITION FILED:

Sworn application for reactivation of registration in the form of an affidavit stating that the grounds for the deactivation no longer exist

WHO MAY FILE:

Any voter whose registration has been deactivated

WHERE FILED:

With the Election Officer, who shall then submit such application to the Election Registration Board for appropriate action.

WHEN FILED:

Not later than 120 days before a regular election and 90 days before a special registration

REGISTRATION OF POLITICAL PARTIES

Political Party defined

- an organized group of persons pursuing the same ideology, political ideas or platforms of government and includes its branches and divisions. (Sec. 60, BP 881)- an organized group of citizens advocating an ideology or platform, principles and policies for the general conduct of government and which, as the most immediate means of securing their adoption, regularly nominates and supports certain of its leaders and members as candidates for public office. (Sec. 3c, R.A. 7491)

2 Kinds:

(1) national party, i.e. a party whose constituency is spread over the geographical territory of at least a majority of the regions; and

(2) regional party, i.e. a party whose constituency is spread over the geographical territory of at least a majority of the cities and provinces comprising the region.

Purpose of registration

The purpose of registration of political parties with the COMELEC is to enable them to:

(1) Acquire juridical personality;

(2) Qualify for subsequent accreditation; and

(3) Entitle them to the rights and privileges granted to political parties. (Sec. 60, BP 881)Rights and privileges granted

A registered political party is entitled to the following rights and privileges:

To be voted upon as a party, provided that it is registered under the party-list system (Art. IX-C, Sec. 7, 1987 Constitution);

To have a watcher in every Election Registration Board (Sec. 15, R.A. 8189); To inspect and/or copy at its expense the accountable registration forms and/or the list of registered voters in the precincts constituting the constituency at which the political party is fielding candidates (Sec. 42, R.A. 8189) To have a watcher and/or representative in the procurement and watermarking of papers to be used in the printing of election returns and official ballots and in the printing, numbering, storage and distribution thereof (Sec. 8, R.A. 6646); To have watchers who shall verify the contents of the boxes containing the shipment of official ballots, election returns and sample official ballots received by the provincial, city and municipal treasurers (Sec. 189, BP 881. Note that this privilege is only available to the ruling party and the dominant opposition party.); To have one watcher in every polling place and canvassing center (Sec. 26, R.A. 7166); To be present and to have counsel during the canvass of the election returns (Sec. 25, R.A. 6646) To receive the 4th copy (if the dominant majority party) or the 5th copy (if the dominant minority party) of the election returns (Sec. 27, R.A. 7166 as amended by R.A. 8045 and R.A. 8173)Procedure

(1) The political party seeking registration may file with the COMELEC a verified petition attaching thereto its constitution and by-laws, platform or program of government and such other relevant information as may be required by the COMELEC.

(2) The COMELEC shall require publication of the petition for registration or accreditation in at least three newspapers of general circulation.

(3) After due notice and hearing, the COMELEC shall resolve the petition within 10 days from the date it is submitted for decision. (Sec. 61, BP 881. Note however the discrepancy with Sec. 62 which states that resolution of the petition for registration or accreditation shall be 15 days from the date of submission for decision.)Who may not be registered

The following may not be registered as political parties:

religious denominations and sects (Art. IX-C, Sec. 2 (5), 1987 Constitution; Sec. 61, BP 881) those which seek to achieve their goals through violence or unlawful means (Art. IX-C, Sec. 2 (5), 1987 Constitution, Sec. 61, BP 881) those which refuse to uphold and adhere to the Constitution (Art. IX-C, Sec. 2 (5), 1987 Constitution) those supported by foreign governments (Art. IX-C, Sec. 2 (5), 1987 Constitution)Forfeiture of status and cancellation of registration

Forfeiture of status

Any registered political party that, singly or in coalition with others, fails to obtain at least 10% of the votes cast in the constituency in which it nominated and supported a candidate or candidates in the election next following its registration shall, after notice and hearing be deemed to have forfeited such status as a registered political party in such constituency. (Sec. 60, BP 881)

Cancellation of registration

The following are grounds for cancellation of registration of a political party:

(1) Accepting financial contributions from foreign governments or their agencies (Art. IX-C, Sec. 2 (5), 1987 Constitution);(2) The party is a religious sect or denomination, organization or association organized for religious purposes (Sec. 6 (1), R.A. 7941);

(3) The party advocates violence or unlawful means to seek its goal (Sec. 6 (2), R.A. 7941);

(4) The party is a foreign party or organization (Sec. 6 (3), R.A. 7941);

(5) The party 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 (Sec. 6 (4), R.A. 7941);(6) The party violates or fails to comply with laws, rules or regulations relating to elections (Sec. 6 (5), R. A. 7941);(7) The party declares untruthful statements in its petition for registration (Sec. 6 (6), R.A. 7941);(8) The party has ceased to exist for at least 1 year (Sec. 6 (7), R.A. 7941);(9) The party fails to participate in the last 2 preceding elections (Sec. 6 (8), R.A. 7941);(10) If registered under the party-list system, the party fails to obtain at least 2% of the votes in the 2 preceding elections for the constituency in which it has registered. (Sec. 6 (8), R.A. 7941)Under the party-list system, the COMELEC may refuse or cancel registration either motu propio or upon verified complaint of any interested party, after due notice and hearing. (Sec. 6, R.A. 7941)

Nomination and selection of official candidates

(Sec. 6, R.A. 7166)

No political convention or meeting for the nomination or election of the official candidates of any political party or organization or political groups or coalition thereof shall be held earlier than the following periods:

Pres., VP, Senators: 165 days before the date of the election

Members of the House of Representatives75 days before the day of

Elective Provincial, City or Municipal Officersthe election

REGISTRATION FOR PARTY-LIST

Party-list system defined

- a mechanism of proportional representation in the election of representatives to the House of Representatives from national, regional and sectoral parties or organizations or coalitions thereof registered with the COMELEC. Component parties or organizations of a coalition may participate independently, provided the coalition of which they form part does not participate in the party-list system. (Sec. 3, R.A. 7941)

Purpose of party-list system

- to enable Filipino citizens belonging to marginalized and underrepresented sectors, organizations and parties, and who lack well-defined political constituencies but who could contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole, to become members of the House of Representatives. (Sec. 2, R.A. 7941)

Who may be registered

(1) Political parties (See discussion in previous section);

(2) Sectoral parties, i.e. organized groups of citizens belonging to the labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professional sectors, and whose principal advocacy pertains to the special interest and concerns of their sector (Sec. 3d, R.A. 7941);

(3) Sectoral organizations, i.e. groups of citizens or coalitions of groups of citizens who share similar physical attributes or characteristics, employment, interest or concerns (Sec. 3e, R.A. 7941);

(4) Coalitions, i.e. aggrupations of duly registered national, regional, sectoral parties or organizations for political and/or election purposes (Sec. 3f, R.A. 7941)

Parties, organizations or coalitions that are already registered with the COMELEC need not register anew. However, should they wish to participate in the party-list system, they must file with the COMELEC a manifestation of such desire to participate not later than 120 days before the election. (Sec. 4, R.A. 7941, as amended by Sec. 11, R.A. 8436)

Procedure for registration

PETITION:

Petition verified by the party/organization/coalition's president or secretary. The petition must state its desire to participate in the party-list system as a national, regional or sectoral party or organization or a coalition of such parties or organizations.

WHEN FILED:

Not later than 90 days before the election

ATTACHMENTS:

(1) Constitution;

(2) By-laws;

(3) Platform or program of government;

(4) List of officers;

(5) Coalition agreement (as applicable);

(6) Other relevant information as may be required by the COMELEC

After due notice and hearing, the COMELEC shall resolve the petition within 15 days from the date it was submitted for decision, but not later than 60 days before election. (Sec. 5, R.A. 7941)

Grounds for refusal and/or cancellation of registration

The following are grounds for refusal and/or cancellation of registration of a party, organization or coalition wishing to participate in the party-list system:

1. Accepting financial contributions from foreign governments or their agencies (Art. IX-C, Sec. 2 (5), 1987 Constitution);2. The party is a religious sect or denomination, organization or association organized for religious purposes (Sec. 6 (1), R.A. 7941);

3. The party advocates violence or unlawful means to seek its goal (Sec. 6 (2), R.A. 7941);

4. The party is a foreign party or organization (Sec. 6 (3), R.A. 7941);

5. The party 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 (Sec. 6 (4), R.A. 7941);6. The party violates or fails to comply with laws, rules or regulations relating to elections (Sec. 6 (5), R. A. 7941);7. The party declares untruthful statements in its petition for registration (Sec. 6 (6), R.A. 7941);8. The party has ceased to exist for at least 1 year (Sec. 6 (7), R.A. 7941);9. The party fails to participate in the last 2 preceding elections (Sec. 6 (8), R.A. 7941);10. If registered under the party-list system, the party fails to obtain at least 2% of the votes in the 2 preceding elections for the constituency in which it has registered. (Sec. 6 (8), R.A. 7941)The COMELEC may refuse or cancel registration either motu proprio or upon verified complaint of any interested party, after due notice and hearing. (Sec. 6, R.A. 7941)

Nomination of party-list representatives

(Sec. 8, R.A. 7941)

Each registered party, organization or coalition shall submit to the COMELEC a list of not more than 5 names from which party-list representatives shall be chosen in case it obtains the required number of votes. This list must be submitted not later than 45 days before the election.

The nomination of party-list representatives is subject to the following limitations:

(1) The nominee must have all of the qualifications and none of the disqualifications for the exercise of the right of suffrage. Moreover, he/she must be a registered voter, able to read and write, and at least 25 years on the day of the election.

In case of youth sector nominees, such nominees must be at least 25 but not more than 30 yrs. old on the day of the election. (Sec. 9)

(2) The nominee must be a bona fide member of the party or organization which he/she seeks to represent for at least 90 days preceding the day of the election. (Sec. 9)(3) An elected party-list representative who changes his political party or sectoral affiliation within 6 months before an election is not eligible for nomination as party-list representative under his new party or organization. (Sec. 15)(4) A person may be nominated in 1 list only. (Sec. 8)(5) Only persons who have given their consent in writing may be named in the list. (Sec. 8)(6) The list cannot include any candidate for any elective office or any person who has lost his bid for an elective office in the immediately preceding election. (Sec. 8)(7) Changes of name or alterations in the order of nominees are generally not allowed after the list has been submitted to the COMELEC. However, these may be allowed when the nominee either:

(a) Dies; or

(b) Withdraws his nomination in writing; or

(c) Becomes incapacitated

in which case the substitute nominee shall be placed last in the list (Sec. 8)

Party-list and district representatives distinguished

Every voter is entitled to 2 votes: the first is a vote for candidate for member of the House of Representatives in his legislative district, and the second, a vote for the party, organization, or coalition he wants represented in the House of Representatives.

Party-list representativeDistrict representative

Scope of electorateElected nationally, with party-list organizations garnering at least 3% of all the votes cast for the party-list system entitled to 1 seat, which is increased according to proportional representation, but is in no way to exceed 3 seats per organizationElected according to legislative district by the constituents of such district

Residence requirementNo special residency requirementMust be a resident of his legislative district for at least 1 year immediately before the election

Manner of electionVoted upon by party or organization. It is only when a party is entitled to representation that it designates who will sit as representative.Elected personally, i.e. by name.

Effect of disaffiliation with partyLoses his seat, in which case he/she will be substituted by another qualified person in the party / organization based on the list submitted to the COMELEC.Does not lose seat if he/she changes party or affiliation.

Effect of vacancyA substitution will be made within the party, based on the list submitted to the COMELEC.A special election may be held provided that the vacancy takes place at least 1 year before the next election.

Effect of change in affiliation within 6 months prior to electionA party-list representative is prohibited from sitting as representative under his new party or organization.This does not prevent a district representative from running under his new party.

Effect of loss during previous electionA party-list representative cannot sit if he ran and lost in the previous election.A district representative is not prevented from running again as a district representative if he/she lost during the previous election.

ACCREDITATION OF A CITIZENS' ARM

Who may be accredited

Any bona fide non-partisan group, association or organization

from the civic, youth, professional, educational, business or labor sectors

with identifiable leadership, membership and structure, and with demonstrated capacity to promote the public interest and assist the COMELEC in the performance of its functions and activities as mandated by the Constitution and by law(Rule 33, Sec. 1, COMELEC Rules of Procedure)

Procedure for accreditation

(1) FILING OF PETITION FOR ACCREDITATIONAny group seeking accreditation may file a petition for accreditation, duly verified by its President, Chairman of the Board of Directors, or any of its duly authorized officers.

The petition for accreditation must state the following:

(a) The constituency to which petitioner seeks accreditation;

(b) That it is not supporting any candidate, political party, organization or coalition of political parties, in the constituency where it seeks accreditation;

(c) Nature of its membership; names of its officers or organizers, location of principal office or place of business, and an assurance of its capability to undertake a coordinated operation and activity to assist the COMELEC;

(d) That it shall submit itself to the direct and immediate control and supervision and comply with the orders of the COMELEC in the performance of its specific functions and activities provided by law, and such other functions and activities provided by law, and such other functions and activities which the COMELEC may assign;

(e) That it shall strictly remain non-partisan and impartial during the registration and election periods;

(f) That it is not supported by or under the influence of any foreign government or any of its agencies or instrumentalities; or of any foreigner, whether natural or juridical person;

(g) That it shall not solicit or receive, directly or indirectly, any contribution or aid of whatever form or nature from any foreign government or any of its agencies or instrumentalities, or from any foreigner, whether natural or juridical person;

(h) That it does not seek to achieve its objectives, goals or programs through violence or other unlawful means, nor aim to propagate any ideology opposed to the principles of a republican and democratic government; and

(i) That it undertakes to police its ranks and prevent infiltration by persons or groups of persons who may, directly or indirectly, destroy its character of non-partisanship and impartiality.

(2) SETTING OF PETITION FOR HEARINGUpon the filing of the petition, the COMELEC en banc shall immediately set the petition for hearing. The COMELEC may order the publication of the petition in a newspaper of general circulation if it deems such necessary. Publication shall be at the expense of the petitioner.

(3) HEARING OF PETITIONThe accreditation of the petitioner may be opposed by any person, group, association, group or organization, political party or coalition of political parties possessing relevant information or evidence against the petitioner by filing a verified opposition.

However, notwithstanding the absence of any opposition, the COMELEC may motu proprio require the petitioner to present evidence to support its petition for accreditation.

(4) DECISION The COMELEC shall then render its decision. If the decision is for the accreditation of the petition, a certificate of accreditation shall be issued stating the following:

(a) The name of the group or organization;

(b) The constituency to which it is accredited; and

(c) The political exercise for which it is accredited

Revocation and expiration of accreditation

REVOCATION: May be done by the COMELEC after notice and hearing for any of the following acts:

(1) The citizens' arm has showed or acted with partiality in any political issue or to any political party, organization or coalition of political parties;

(2) It has performed acts in excess of its duties and functions as provided by law; or

(3) It has failed to comply with the conditions imposed upon it in the decision granting accreditation.

EXPIRATION:The accreditation automatically lapses at the end of the election period of the political exercise for which the petitioner was accredited as citizens' arm.

CERTIFICATES OF CANDIDACY

Candidate defined

Any person aspiring for or seeking an elective public office, who has filed a certificate of candidacy by himself or through an accredited political party, aggroupment, or coalition of parties. (Sec. 79, BP 881)

Guest Candidacy

A political party may nominate and/or support candidates not belonging to it. (Sec. 70, BP 881) Note however that this is not applicable in cases of political parties registered under the party-list system, as nominees must necessarily be bona fide members of the party.

Qualifications

See the provisions of the Constitution for the qualifications of candidates for President, Vice-President, Senator, and Member of the House of Representatives.

See the provisions of the Local Government Code for the qualifications of local elective officials.

Qualifications prescribed by law are continuing requirements and must be possessed for the duration of the officer's active tenure. Once any of the required qualifications are lost, his title to the office may be seasonably challenged. (See Frivaldo v. COMELEC, 174 SCRA 245; Labo v. COMELEC, 176 SCRA 1)

Filing of certificate of candidacy

To be eligible for any elective public office, one must file a certificate of candidacy within the period fixed by the Omnibus Election Code.

Mode of Filing

Certificates must be filed by the candidate personally or by his duly authorized representative. No certificate shall be filed by mail, telegram or facsimile. (Sec. 7, R.A. 7166)

Time of Filing

Certificates of candidacy must be filed in 12 legible copies not later than 120 days before the elections. (Sec. 11, R.A. 8436)

Place of Filing

The certificates of candidacy shall be filed in the following places:

President|

Vice-Pres| COMELEC main office (Mla)

Senator|

Congressman- Provincial election supervisor

If NCR district: File with Regional Election Director

If legislative district in cities outside NCR which comprise one or more legislative districts: File with City election registrar concerned

Provincial Offices - Provincial election supervisor

City / Municipal Offices - City or municipal election registrarContents of certificate of candidacy

The certificate of candidacy shall state the following:

That the person filing the certificate is announcing his candidacy for the office stated therein and that he or she is eligible for such office;

The political party to which the candidate belongs;

Civil status;

Date of birth;

Residence;

Post office address for all election purposes;

Profession or occupation;

That he / she will support and defend the Constitution of the Philippines and will maintain faith and allegiance thereto;

That he / she will obey the laws, legal orders, and decrees promulgated by the duly constituted authorities;

That he / she is not a permanent resident or immigrant to a foreign country;

That the obligation imposed by oath is assumed voluntarily, without mental reservation or purpose of evasion;

That the facts stated in the certificate of candidacy are true to the best of his knowledge.

Effects of filing

Note: Sec. 67 of BP 881 and the first proviso of Sec. 11 of R.A. 8436 (which states that "Any elective official, running for any officer other than one which he is holding in a permanent capacity, except for President and Vice-President, shall be considered ipso facto resigned upon the start of the campaign period") have been repealed by Sec. 14 of R.A. 9006 (Fair Election Act of 2001).

Any mass media columnist, commentator, announcer, reporter, on-air correspondent or personality who is a candidate for any elective public office shall be deemed resigned, if so required by his/her employer, or shall take a leave of absence from his/her work as such during the campaign period. (Sec. 6.6, R.A. 9006)

Withdrawal of certificate

A person who has filed a certificate of candidacy may withdraw the same prior to the election by submitting to the office concerned a written declaration under oath.

If a candidate files a certificate of candidacy for more than 1 office, he shall not be eligible for any of them. However, he may declare under oath the office for which he desires to be eligible and cancel the certificate of candidacy for the other office or offices provided that this is done before the expiration of the period for the filing of certificates of candidacy. (Sec. 73, BP 881)

The filing of the withdrawal shall not affect whatever civil, criminal, or administrative liabilities which a candidate may have incurred. (Sec. 73, BP 881)

RAMIREZ V. COMELEC

The certificate of candidacy of petitioner for the office of provincial board member was filed by his political party. 15 minutes before the deadline, he filed his certificate of candidacy for mayor. 8 days later, he filed a petition to withdraw his certificate of candidacy for the office of the board member and to declare subsisting his certificate of candidacy for mayor, attaching his written declaration under oath withdrawing his certificate of candidacy for board member.

Since the certificate of candidacy for the position of board member was filed by his party and the said party had withdrawn that nomination, there was substantial compliance with Sec. 73 of the Omnibus Election Code. His filing under oath within the statutory period of his individual candidacy for mayor was a rejection of the party nomination of the other officer.

Disqualifications

According to Prof. Barlongay, disqualifications may be classified into 4 categories: (1) status; (2) acts; (3) nuisance candidacy; and (4) falsity of material representation in the certificate of candidacy.

Status

(1) Lack of Filipino citizenship;

(2) Lack of residency requirement;

(3) Insanity or incompetence, as declared by competent authority;

(4) Permanent residence or immigrant status in a foreign country, unless such person has waived his status as permanent resident or immigrant in accordance with the residence requirement provided for in the election laws (Sec. 68, BP 881)Acts

(1) Sentence by final judgment for:

Subversion, insurrection, rebellion;

Any offense for which the candidate has been sentenced to a penalty of more than 18 months of imprisonment;

Any offense involving moral turpitude;

Moral turpitude is an act of a baseness, vileness, or depravity in the private duties which a man owes to his fellow men, or to society in general, contrary to the accepted and customary rule of right and duty between man and woman or conduct contrary to justice, honesty, modesty or good morals. The general rule is that crimes mala in se involve moral turpitude while crimes mala prohibita do not. Moral turpitude implies something immoral in itself, regardless of the fact that it is punishable by law or not. (Dela Torre v. COMELEC, 191 SCRA 229)

Having given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions (Sec. 68a, BP 881); Having committed acts of terrorism to enhance his candidacy (Sec. 68b, BP 881); Having spent in his election campaign an amount in excess of that allowed by the Omnibus Election Code (Sec. 68c, BP 881); Having solicited, received or made any contribution prohibited under the Omnibus Election Code (Sec. 68d, BP 881; cf. Secs. 89, 95, 96, 97 and 104); Having engaged in election campaign or partisan political activity outside the campaign period and not pursuant to a political party nomination (Sec. 68e, BP 881, cf. Sec. 80); Having removed, destroyed, obliterated, defaced or tampered with or prevented the distribution of lawful election propaganda (Sec. 68e, BP 881, cf. Sec. 83); Having violated the rules and regulations on election propaganda through mass media (Sec. 68e, BP 881, cf. Sec. 86); Having coerced, intimidated, compelled, or in any manner influenced, directly or indirectly, any of his subordinates or members, or employees, etc. to aid, campaign or vote for or against any candidate or any aspirant for the nomination or selection of candidates (Sec. 68e, BP 881, cf. Sec. 261d); Having directly or indirectly threatened, intimidated, or actually caused, inflicted or produced any violence, injury, punishment, damage, loss or disadvantage upon any person or that of the immediate members of his family, his honor or property, or used any fraudulent device or scheme to compel or induce or prevent the registration of any voter, or the participation in any campaign, or the casting of any vote, or any promise of such registration, campaign, vote, or omission therefrom (Sec. 68e, BP 881, cf. Sec. 261e); Having engaged in unlawful electioneering (Sec. 68e, BP 881, cf. Sec. 261k); Having violated the prohibition against release, disbursement or expenditure of public funds 45 days before a regular election (or 30 days in the case of a special election) (Sec. 68e, BP 881, cf. Sec. 261v); Having solicited votes or undertaken any propaganda on the day of election for or against any candidate or any political party within the polling place or within a radius of 30 m. thereof (Sec. 68e, BP 881, cf. Sec. 251cc)Nuisance candidacy

A nuisance candidate is one who files a certificate of candidacy:

(a) To put the election process in mockery or disrepute; or

(b) To cause confusion among the voters by the similarity of the names of the registered candidates, or

(c) Clearly demonstrating that he/she has no bona fide intention to run for the office which the certificate of candidacy has been filed, and thus prevents a faithful determination of the true will of the electorate. (Sec. 69, BP 881)Falsity of material representation

Falsity of a material representation in the certificate of candidacy is a ground for the denial of due course to or cancellation of a certificate of candidacy under Sec. 78 of BP 881.

Disqualifications under the Local Government Code (Sec. 40, R.A. 7160)

(1) Those sentenced by final judgment for an offense punishable by one year or more of imprisonment and within 2 years after serving sentence.

(2) Those removed from office as a result of an administrative case.

REYES V. COMELECReyes, the incumbent mayor, was found guilty in an administrative complaint. Despite this, he filed a certificate of candidacy. Although the COMELEC disqualified him, the Board of Election Canvassers, unaware of COMELECs decision to disqualify him, proclaimed Reyes as the mayor.

The election of Reyes did not render the administrative charges against him moot and academic. The decision to remove him was served on Reyes and thereafter became final because he failed to appeal to the Office of the President. He was therefore validly removed from office and pursuant to the Local Government Code, was disqualified from running for re-election.

(3) Those convicted by final judgment for violating the oath of allegiance to the Republic of the Philippines.

(4) Those with dual citizenship.

See Mercado v. Manzano (LocGov)

(5) Fugitives from justice in criminal and non-political cases here and abroad.

A "fugitive from justice" includes "not only those who flee after conviction to avoid punishment, but likewise those who, after being charged, flee to avoid prosecution." (Marquez v. COMELEC, 243 SCRA 358)

In the case of Rodriguez v. COMELEC (G.R. No. 120099, July 24, 1996), it was held that Rodriguez could not be considered a "fugitive from justice" because his arrival in the Philippines from the U.S. preceded the filing of the felony complaint in the Los Angeles Court and the issuance of the arrest warrant by the same foreign court by almost 5 months. The Supreme Court held that the intent to evade is the compelling factor that animates ones flight from a particular jurisdiction. And there can only be an intent to evade prosecution or punishment when there is knowledge by the fleeing subject of an already instituted indictment, or of a promulgated judgment of conviction.

(6) Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right after the effectivity of the Local Government Code.

FRIVALDO V. COMELEC

Frivaldo was previously declared as an alien. Despite this, he was able to file his certificate of candidacy. The election occurred on May 8, 1995. Frivaldo was able to re-acquire Philippine citizenship on June 30, 1995 through repatriation by taking his oath of allegiance at 2:00 p.m.

Philippine citizenship is an indispensable requirement for holding an elective public office. An official begins to govern or discharge his functions only upon his proclamation and on the day the law mandates his term of office to begin. Since Frivaldo re-assumed his citizenship on the very day the term began, he was therefore already qualified to be proclaimed, to hold such office and to discharge the functions and responsibilities thereof as of the said date.

(7) Those who are insane or feeble-minded.

Special Disqualifications under the Lone Candidate Law (Sec. 4, R.A. 8295)

The following persons are disqualified from running in a special election called to fill the vacancy in an elective office, provided that evidence of their guilt is strong:

(1) Any elective official who has resigned from his office by accepting an appointive office or for whatever reason which he previously occupied but has caused to become vacant due to his resignation;

(2) Any person who, directly or indirectly, coerces, bribes, threatens, harasses, intimidates, or actually causes, inflicts or produces any violence, injury, punishment, torture, damage, loss or disadvantage to any person or persons aspiring to become a candidate or that of the immediate member of his family, his honor or property that is meant to eliminate all other potential candidate.

Effect of death, disqualification or withdrawal

If the death, disqualification or withdrawal occurs:

- after the last day for filing of the certificates of candidacy ( ONLY a person belonging to, and certified, by the same political party, may file a certificate of candidacy to replace him.

- between the day before the election and mid-day of the election day ( the certificate may be filed with any Board of Election Inspectors in the political subdivision where he is a candidate or with the COMELEC if it is a national position. (Sec. 77, BP 881)

Petition to deny due course or to cancel certificate

A verified petition to deny due course to or cancel a certificate of candidacy may be filed by any person EXCLUSIVELY on the ground that a material misrepresentation contained therein as required is false. Such petition shall be filed any time not later than 25 days from the time of filing of the certificate, and shall be decided not later than 15 days before the election. (Sec. 78, BP 881)

Prohibition against Multiple Candidacies

No person shall be eligible for more than one office to be filled in the same election, and if he files his certificate of candidacy for more than one office, he shall not be eligible for any of them. However, before the expiration of the period for the filing of certificates of candidacy, the person who was filed more than one certificate of candidacy may declare under oath the office for which he desires to be eligible and cancel the certificate of candidacy for the other office or offices.

The filing or withdrawal of a certificate of candidacy shall not affect whatever civil, criminal or administrative liabilities which a candidate may have incurred.

Certified List of Candidates

The COMELEC shall cause to be printed a certified list of candidates for each office to be voted for in each province, city or municipality immediately followed by the nickname or stage name of the candidate and his political affiliation, if any. The list shall be posted inside each voting booth.

Whenever practicable, the Board of Election Inspectors shall cause said list of candidates to be written on the blackboard or manila paper for posting inside the polling place. The names of all candidates followed by his nickname or stage name shall also be printed in the election returns and tally sheets. (Sec. 4, R.A. 6646)

ELECTION CAMPAIGN & EXPENDITURESELECTION CAMPAIGN

Election campaign or partisan political activity

It is an act designed to promote the election or defeat of a particular candidate or candidates to a public office.

It does not include public expressions of opinions or discussions of probable issues in a forthcoming election or on attributes or criticisms of probable candidates proposed to be nominated in a forthcoming political party convention.

Prohibitions

Members of the board of election inspections are prohibited from engaging in any partisan political activity or from taking part in the election except to discharge their duties as such and to vote. (Sec. 173, BP 881)

Officers or employees of the civil service are prohibited from engaging directly or indirectly in any electioneering or partisan political campaigns. (Art. IX-B, Sec. 2 (4), 1987 Constitution)

Members of the military are prohibited from engaging directly or indirectly in any partisan political activity except to vote. (Art. XVI, Sec. 5 (3), 1987 Constitution)

Campaign period

It is prohibited for any person, political party or association of persons to engage in an election campaign or partisan political activity except during the campaign period. Violation of this prohibition constitutes an election offense. (Sec. 80, B.P. 881)

Lawful election propaganda

(Sec. 3, R.A. 9006)

The following are lawful election propaganda:

Pamphlets, leaflets, cards, decals, stickers, or other written or printed materials the size of which does not exceed 8 inches in width and 14 inches in length;

Handwritten or printed letters urging voters to vote for or against any particular political party or candidate for public office;

Cloth, paper or cardboard posters, whether framed or posted, with an area not

exceeding 2 feet by 3 feet.

NOTE: Streamers not exceeding 3 feet by 8 feet in size are allowed at the site and on occasion of a public meeting or rally or in announcing the holding of such meeting or rally. Such streamers may be displayed 5 days before the date of the meeting or rally and shall be removed within 24 hours after said meeting or rally.

Paid advertisements in print or broadcast media. Such advertisements must comply with the following requirements:

Any published or printed political matter and any broadcast of election propaganda by TV or radio for or against a candidate or group of candidates to any public office shall bear and be identified by the reasonably legible or audible words political advertisement paid for followed by the true and correct name and address of the candidate or party for whose benefit the election propaganda was printed or aired. (Sec. 4.1, R.A. 9006) If the broadcast is given free of charge by the radio or TV station, it shall be identified by the words "airtime for this broadcast was provided free of charge by" followed by the true and correct name and address of the broadcast entity. (Sec. 4.2, R.A. 9006) Print, broadcast or outdoor advertisements donated to the candidate or political party shall not be printed, published, broadcast or exhibited without the written acceptance by the said candidate or political party. Such written acceptance must be attached to the advertising contract and submitted to the COMELEC within 5 days after its signing. (Sec. 4.3, R.A. 9006, cf. Sec. 6.3, R.A. 9006) All other forms of election propaganda not prohibited by the Omnibus Election Code or the Fair Election Act of 2001.

Adiong v. COMELEC (207 SCRA 712)

In this case, the Supreme Court declared as unconstitutional COMELEC Resolution No. 2347 insofar as it prohibits the posting of decals and stickers on cars and other moving vehicles since it infringes on the right to freedom of expression. The restriction is so broad as to include even a citizen's privately-owned vehicle, which is equivalent to deprivation of property without due process of law.

Prohibited Acts

It is prohibited:

For any foreigner:

to aid any candidate or political party, directly or indirectly;

to take part or influence in any manner any election;

to contribute or make any expenditure in connection with any election campaign or partisan political activity

For any person during the campaign period:

to remove, destroy, obliterate or in any manner deface or tamper with lawful election propaganda;

to prevent the distribution of lawful election propaganda

For any candidate, political party, organization or any person:

to give or accept, directly or indirectly, free of charge, transportation, food or drinks or things of value during the five hours before and after a public meeting, on the day preceding the election, and on the day of the election;

to give or contribute, directly or indirectly, money or things of value for such purpose.

Badoy v COMELEC (35 SCRA 285)

The prohibition against certain forms of election propaganda was upheld as a valid exercise of police power, to prevent the perversion and prostitution of the electoral apparatus, and of the denial of due process of law.

Sanidad vs COMELEC ( 181 SCRA 529)

But this evil does not obtain in a plebiscite where the electorate is asked to vote for or against issues not candidates.

Mass Media

Equal access to media time and space

All registered parties and bona fide candidates are guaranteed equal access to media time and space under the Fair Election Act. To this end, the COMELEC has the power to supervise the use and employment of press, radio and television facilities insofar as the placement of political advertisements is concerned to ensure that candidates are given equal opportunities under equal circumstances to make known their qualifications and their stand on public issues. Of course, such political advertisements must be within the limits set forth in the Omnibus Election Code and R.A. 7166 on election spending.

Pursuant to such end:

Print advertisements shall not exceed 1/4 page, in broadsheet and 1/2 page in tabloids thrice a week per newspaper, magazine, or other publications, during the campaign period;

Bona fide candidates and registered political parties running for nationally elective office are entitled to not more than 120 minutes of TV advertisement and 180 minutes of radio advertisement whether by purchase or by donation;

Bona fide candidates and registered political parties running for locally elective office are entitled to not more than 60 minutes of TV advertisement and 90 minutes of radio advertisement whether by purchase or by donation;

Broadcast stations or entities are required to submit copies of their broadcast logs and certificates of performance to the COMELEC for the review and verification of the frequency, date, time and duration of advertisement broadcast for any candidate or political party;

All mass media entities are required to furnish the COMELEC with a copy of all contracts for advertising, promoting or opposing any political party or the candidacy of any person for public office within 5 days after its signing;

No franchise or permit to operate a radio or TV station shall be granted or issued, suspended or cancelled during the election