CONSTI-REPORT (1).ppt

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ELECTION LAW

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GENERAL PROVISIONS / GENERAL PRINCIPLES

• ELECTION

Meaning and purpose

Commission on Elections (Art. IX)

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CANDIDATES

Qualifications/Eligibility/Term/others

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

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Who was the first President of the Philippines? He is also known “Father of Philippine Language”

EZMLUEANOQNLU

MANUEL L. QUEZON

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How many days shall be given to Mar Roxas for his campaign period as a Presidentiable Candidate?

_ I_ET _ DAYS

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Disqualifications

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

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A DDBFEILEENME is disqualified to run for any position.

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Certificate of Candidacy

• Effect of Filing (elective and appointive officials)

• Substitution of Candidates

• Nuisance Candidates

• Petition to Deny/Cancel COC

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Certificate of Candidacy shall be

cancelled if you are a TIFIGUVE from JTESCUI

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Effect of Disqualification

• Retroactivity of disqualification

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Effect of Proclamation

• Right of Officer next in line

• Withdrawal of Candidates

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Election Period and Campaign Period

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

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SAMPLE OF A POLITICAL AD

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Who among the three cannot endorse and campaign for a Filipino candidate?a. Gaisano Corporationb. Barrack Obamac. Ex-President Gloria Macapagal Arroyo

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How much should Binay spend for each voter, during his election campaign?

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Casting of Votes

• Board of Election Inspectors• Voters• Voting Steps• Voting Hours• Spoiled Ballots• Challenge of Illegal Voters• Challenge based on certain illegal acts• Records or statements to be prepared and kept

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Counting of Votes

• Counting to be Public, Without Interruption• Marked Ballots• Manner of Counting Votes• Appreciation of Ballots• Election Returns / Certificate of Votes

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

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Proclamation of Winners

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Proclamation of Winners• Candidates with highest number of votes• Plurality of valid votes• Election resulting in a tie• Suspension of proclamation• Void Proclamations• Failure to assume office

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Pre-Proclamation Controversy• Definition• Exclusive Jurisdiction of COMELEC• Summary Hearing• Issues that may be raised

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Features of Automated Election System

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PARTY LIST

Qualifications• Qualifications of Party-List Representatives: • Natural-born citizen of the Philippines; • A registered voter; • A resident of the Philippines for a period of not

less than one (1) year immediately preceding the day of the election;

• Able to read and write;

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• A bona fide member of the party or organization which he seeks to represent for at least ninety (90) days preceding the day of the election; and

• At least twenty-five (25) years of age on the day of

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

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

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Registration

Purposes: • To acquire juridical personality; • To entitle it to rights and privileges granted to

political parties; and • To participate in the party-list system.

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Groups which cannot be registered as political parties (Sec. 3, R.A. 7941): •Religious denominations or sects; •Those who seek to achieve their goals through violence or unlawful means; •Those who refuse to uphold and adhere to the Constitution; and •Those supported by foreign governments. •

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• Grounds for cancellation of registration (RAF- SVUCF) (Sec. 6, RA 7941):

• It is a religious sect or denomination, organization or association, organized for religious purposes;

• It advocates violence or unlawful means to seek its goal;

• It is a foreign party or organization; •  

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• It is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes;

• It violates or fails to comply with laws, rules or regulations relating to elections;

• It declares untruthful statements in its petition; • It has ceased to exist for at least one (1) year; or • It fails to participate in the last two (2) preceding elections

or fails to obtain at least two per centum (2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered.

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PERSONNEL INVOLVED

• COMELEC• Board of Election Inspectors• Armed Forces• Watchers• Board of Canvassers

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ELECTION OFFENSES• Vote-buying and vote-selling.• Conspiracy to bribe voters• Wagering upon result of election• Coercion of subordinates.• Threats, intimidation, terrorism, use of fraudulent

device or other forms of coercion• Coercion of election officials and employees• Appointment of new employees, creation of new

position, promotion, or giving salary increases

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• Threats, intimidation, terrorism, use of fraudulent device or other forms of coercion

•  • Coercion of election officials and employees•  • Appointment of new employees, creation of new

position, promotion, or giving salary increases

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• Transfer of officers and employees in the civil service.

•  • Intervention of public officers and employees• Unlawful electioneering• Prohibition against dismissal of employees,

laborers, or tenants• Appointment or use of special policemen, special

agents, confidential agents or the like