Jan 18, 2018
Election Law Review Alberto C. Agra
Professor of Laws and Political Law Bar Reviewer Ateneo Law School
Election Laws, Alberto C. Agra Election Laws, Alberto C. Agra
1987 Constitution Omnibus Election Code (B.P. Blg. 881) Automated
Election Law (R.A. No amending R.A. No. 8436) Synchronized
Elections Act (R.A. No. 7166) 1991 Local Government Code (R.A. No.
7160) Fair Election Act (R.A. No. 9006) Voters Registration Act of
1996 (R.A. No. 8189) Election Laws, Alberto C. Agra Election Laws,
Alberto C. Agra
Topics for Discussion 1)Commission onElections 2)Voters and
VoterRegistration 3)Elective Officialsand Candidates 4)Campaign
5)Contributionsand Expenditures 6)Postponement andFailure of
Elections 7)AutomatedElections 8)Pre-ProclamationCases
9)Post-ProclamationCases Election Laws, Alberto C. Agra 1)
Commission on Elections
Independent 7-Person Constitutional Body(administrative agency,
public office) Plenary authority to decide all questions
affectingelections except the question as to the right to vote Wide
discretion in adopting means to carry out itsmandate of ensuring
HOPE (not be straitjacketed byprocedural rules) Election Laws,
Alberto C. Agra 1) Commission on Elections
Enforcement Power: All election laws (personsand policies) Judicial
Power: Qualifications and ElectionContests (not Suffrage)
Jurisdiction: Original (Regional, Provincial andCity); and
Appellate (Municipal, Barangay andSangguniang Kabataan) Remedies:
En Banc (MR, administrative) andDivision (1st instance, judicial)
Election Laws, Alberto C. Agra 1) Commission on Elections
Process: Division - MR to En Banc - Certiorari toSC Judicial:
Disqualification, Election Protest, QuoWarranto, Pre-Proclamation,
Annulment ofProclamation Administrative: Failure of
Elections,Postponement of Elections, Election Offense,Annulment of
Book of Voters Contempt: Judicial (not Administrative) Election
Laws, Alberto C. Agra Election Laws, Alberto C. Agra
2) Voters: Concepts What? Suffrage is a Right (not an obligation)
Who? Qualifications defined in Constitution;Disqualifications
defined in Statute; AllowAbsentee Voting, Dual Citizens, Disabled
andIlliterates to Vote How? Procedural Requirements allowed to
beimposed, Substantive not allowed Election Laws, Alberto C. Agra
2) Voters: Qualifications
Filipino Citizen At least 18 years of age on election day Resident
in Philippines for at least 1 year priorto election day Resided in
place wherein propose to vote forat least 6 months prior to
election day Free from Disqualifications In order to vote, must be
a registered voter Election Laws, Alberto C. Agra 2) Voters:
Disqualifications
Sentenced by final judgment imprisonment of1 year or more Sentenced
to suffer accessory penalty politicalrights Adjudged by final
judgment crime involvingdisloyalty Court-declared insane and
incompetent persons Election Laws, Alberto C. Agra 2) Voters:
Registration
Nature: Continuing Listing: Computerized List at all Levels Number:
200 Voter-Precinct (unless clustered) Changes: Permanent but
subject to changes (+ or-): New Voters; Transfer; Deactivation
andActivation; Cancellation; Inclusion and Exclusion;and Annulment
of Book of Voters Election Laws, Alberto C. Agra 2) Voters:
Deactivation
Disqualified to Vote Failed to Vote in 2 preceding elections
Registration Excluded by the Court Lose Filipino Citizenship
Election Laws, Alberto C. Agra Election Laws, Alberto C. Agra
2) Voters: Opposition What? Applications not yet resolved Where
Oppose? Election Registration Board Who may Oppose? Voter,
Candidate or PoliticalParty When? Specified Period How Oppose? File
Written Opposition/ Challenge Why Oppose? Not Qualified, Fictitious
Appearance? Mandatory if application opposed Election Laws, Alberto
C. Agra 2) Voters: Inclusion/ Exclusion
What? Applications already acted upon Where File? MTC (not
Comelec), then RTC, then SC(question of law) Grounds? Disapproval
or Name Stricken Out(Inclusion); Not Qualified or Voter Not
Real(Exclusion) When? Specified Period Election Laws, Alberto C.
Agra 2) Voters: Annulment of Book of Voters
Annul What? Book of Voters per precinct Where File? Comelec When
Filed? Normally, after period to fileinclusion/ exclusion lapses
Who Files? Any Voter, EO or Party What Grounds? (1) Book Prepared
Improperly,Preparation Attended with Vice or Fraud, and (2)Book
contains Statistically Improbable Data (notqualification of voters)
Election Laws, Alberto C. Agra Election Laws, Alberto C. Agra
2) Voters: Election Day Illegal Voter Not registered; Use another
name; Disqualified;Multiple Registrant (allowed to vote if
properlyidentified) Illegal Act Vote-Buying; Vote-Selling;
Vote-Betting: Promise toinduce or withhold vote (allowed to vote if
takeoath) Election Laws, Alberto C. Agra Election Laws, Alberto C.
Agra
3) Officials: Elective National Office President; Vice-President;
Senators (24; 1/2);Representatives (District and Party-List) Local
Office LCE: Governor, Mayor and Punong Barangay; VLCE:Vice-Governor
and Vice-Mayor; SanggunianMembers Election Laws, Alberto C. Agra 3)
Officials: Party-List
Multi-Partism/ Party Loyalty/ Social Justice Exclusive to
Marginalized/ Nominees Organic Only in House (20% of Total) 2%
Threshold (and until filled up) 3-Seat Maximum Election Laws,
Alberto C. Agra 3) Officials: Candidate
Definition: Seeks public office and filescertificate of candidacy
and campaign period hasstarted (but cannot campaign before
campaignperiod) Effect of Non-Filing: Not a candidate (not
liablefor unlawful acts and omissions before becominga candidate;
before start of campaign period) Effect of Filing: On Tenure of
Incumbents(elective remain in office; appointive ipsofacto
resigned) Election Laws, Alberto C. Agra 3) Officials:
Substitution
Grounds: (1) Death, (2) Withdrawal, and (3)Disqualification (not
allowed if violate term limit;CoC denied due course or cancelled
nuisanceand material misrepresentation); if invalidsubstitution not
considered a candidate Who? Substitute must be Qualified When? Up
to mid-day of election day Substitute? Qualified and Same Party
Limitations: Substituted can no longer run forany other position;
Withdrawal not affectliabilities Election Laws, Alberto C. Agra 3)
Officials: Qualifications
Set by the Constitution (national) and statutes (local) Citizenship
Age Residency Registered Voter Literacy Free from Disqualifications
[Undertake Drug Test under CDDA OF 2002,unconstitutional] Election
Laws, Alberto C. Agra 3) Officials: Disqualifications
Lack qualifications/ possess some disqualifications Violate Term
Rule (1-2-3 terms) Commission of an election offense Nuisance
Candidate Sentenced by Final Judgment (accessory penalty) Willfully
Commits Material Misrepresentation No valid, timely and properly
filed certificate ofcandidacy Election Laws, Alberto C. Agra 3)
Officials: Disqualifications
Lack of Qualifications Where File? Comelec Division When File?
Before Proclamation If Not File? Quo Warranto Election Laws,
Alberto C. Agra 3) Officials: Disqualifications
Commission of Election Offense What Offenses? Vote-Buying,
Terrorism, UnlawfulExpenditures, Unlawful Campaign, Coercion
ofSubordinates, Threats, Prohibition against Release ofPublic Funds
(other election offenses file EO case RTC hears) Where File?
Comelec Division When File? Before Proclamation If Not File?
Election Protest; Election Offense Election Laws, Alberto C. Agra
3) Officials: Disqualifications
Nuisance Candidate Who Is? Campaign Capability, Intention,
Performance,Exposure, Platform, Party Affiliation,
Organization,Profession, Income, Health, Education, Name Where
File? Comelec Division When File? Within 5 days from Last Day
Filing ofCertificate of Candidacy If Not File? No remedy Election
Laws, Alberto C. Agra 3) Officials: Disqualifications
Misrepresentation What? Misrepresentation must be Material(pertains
to Qualifications and Disqualifications; notsurname, profession,
political party) and Willful/Deliberate; Even if there is
misrepresentation, ifactually qualified, not disqualified Where
File? Comelec Division When File? 25 days from Filing of CoC If Not
File? No remedy Election Laws, Alberto C. Agra Election Laws,
Alberto C. Agra
4) Campaign: Concept Definition: Act designed to promote the
electionor defeat of a candidate Operative Act: Intent/ Design (not
all acts ofbeneficence are considered campaigning) andPeriod (start
of campaign) Application: All Candidates for All Elective Offices
Framework: Regulated but Liberalized Election Laws, Alberto C. Agra
4) Campaign: Allowable Forms
Forming Organizations Holding Rallies Making Speeches Distributing
Campaign Materials Soliciting Votes Publishing Advertisements
Election Laws, Alberto C. Agra 4) Campaign: Propaganda
Paid Political Advertisements Free Space and Airtime Use of Gadgets
and Billboards Private Poster Areas Posting in Private Places
Election Laws, Alberto C. Agra Election Laws, Alberto C. Agra
4) Campaign: Forms Printed Materials (8.5W x 14L) Letters Posters
(2x 3) in Poster Areas (12x 16) Rally Streamers (3x 8) Election
Laws, Alberto C. Agra Election Laws, Alberto C. Agra
4) Campaign: Paid Ads Print: 1/4th page in broadsheet; in tabloid
3x aweek Television: 120 minutes (for national); 60 minutes(for
local) Radio: 180 minutes (for national); 90 minutes (forlocal)
Election Laws, Alberto C. Agra 4) Campaign: Unlawful Acts
Foreign Intervention Removal or Destruction of Lawful Propaganda
Materials not Disclose Payor Exceed Limits (Time and Space)
Transportation, Foods and Drinks During Rallies Movie or Video on
or by Candidate Election Laws, Alberto C. Agra 5) Prohibited
Contributions
Financing Institutions Public Utility Operator Natural Resources
Explorer Government Contractors Franchise Holders Donee Institution
from Government Educational Institutions Foreigners/ Foreign
Corporations Election Laws, Alberto C. Agra 5) Other Prohibited
Acts
Not reveal true name of contributor Not report all contributions
Exceed Limits (P10, P5, P3) Not file Statement Expenditures made by
non-authorized persons Election Laws, Alberto C. Agra Election
Laws, Alberto C. Agra
5) Lawful Expenditures Use of Facilities Travel Compensation
Communications Written Materials Pollwatchers Office/ HQ
Advertisements Meetings/ Rallies Counsel* Copying of List ofVoters*
Sample Ballots* Volunteers* (* - not included in cap) Election
Laws, Alberto C. Agra 6) Postponement of Elections
Grounds: (1) Force majeure, (2) Violence, (3)Terrorism, (4) Loss or
Destruction of ElectionParaphernalia, and (5) Analogous Causes
Extent: Serious and Impossible to have free andorderly elections
Conditions: Grounds must exist before voting Authority: Comelec en
banc (petition or motupropio); not BEI or election officers Result:
Special Elections Election Laws, Alberto C. Agra Election Laws,
Alberto C. Agra
6) Failure of Elections Grounds: (1) Force majeure, (2) Violence,
(3) Terrorism, (4)Fraud, and (5) Analogous Causes Extent: Failure
to elect and affect results of elections Examples: Failure -
transfer of venue of counting withoutnotice, ballots replaced/
burned; No Failure votingresumes after sporadic violence/ gun fire,
fake ballots,landslide results, vote-buying, destruction of copies
of ERs Conditions: Election not held or suspended, After
voting,During preparations or transmission of election
returns,Canvassing Authority: Comelec en banc (petition) Result:
Special Elections Election Laws, Alberto C. Agra Election Laws,
Alberto C. Agra
7) Automated Elections Statutory Bases: RA 9369 amending RA8436
Automated Election System: voting ,counting, consolidating,
canvassing, andtransmission (not proclamation) Paper-Based or
Direct Recording ElectionSystem: Ballots, Election Returns,
Certificateof Canvass, Statement of Votes Comelec Discretion: AES
or AESs, Paper- Based or Direct Recording Election Laws, Alberto C.
Agra Election Laws, Alberto C. Agra
7) Automated Elections Features: Use of Ballots,
Stand-alonemachine, with Audit Trails, Minimum HumanIntervention
and Security Measures Voting Procedure (before Board of
ElectionsInspectors): Voter gets ballots from BEI Voter fills up
ballot in voting booth (spoil only 1x) Voter affixes thumbmark on
voting record BEI applies indelible ink Voter drops ballot in
ballot box Election Laws, Alberto C. Agra 7) Precinct-Count Optical
Scan
Election Laws, Alberto C. Agra Election Laws, Alberto C. Agra
7) Automated Elections Processes: Counting at Counting Center as
ballots arrive (physical transport) Precinct-Level Result: Printing
of ElectionsReturns (30 copies) then ElectronicTransmission to
Board of Canvassers; Resultsloaded in Data Storage Devices
Canvassing at BoC: Consolidation of Resultsin Data Storage Devices
then ElectronicTransmission to Comelec (Senate and Party- List) and
Congress (President and Vice- President) and Proclamation Election
Laws, Alberto C. Agra Transmission and Canvass
COMELEC CENTRAL SERVER Congress COMELEC National Board of
Canvassers Prov. Canvass Report INTERNET Provincial Board of
Canvassers Mun./City Canvass Report Municipal/City Board of
Canvassers Dominant Majority Dominant Minority Election Watch
Groups Election Returns Precinct 8) Pre-Proclamation Cases
Allowed: Objections pertaining toProceedings and Composition of
BoC;Pollwatchers-related; Data-Storage Delayed,Destroyed, Falsified
(before canvass) Not Allowed: Material Defects, Manifest Errors
under AES Rules of Appreciation; Violence; VotingProcedure;
Eligibility of Voters Election Laws, Alberto C. Agra 9)
Post-Proclamation: Election Protests
Grounds: Fraud and Irregularities in Casting, Countingand
Canvassing Documents in Question/ Evidence: Ballots, ERs, CoCsand
Data-Storage Devices Venue: P/VP (PET); Senators (SET);
Representatives(HRET); Regional; Province; City (Comelec
Division);Municipality (RTC); Barangay (MTC) Requirements: Filed by
candidate; Within period;Protestee proclaimed; Payment of filing
fee; Allegationsof fraud; Identify precincts; Verified; Certificate
of non- forum shopping Procedure: Revision; Trial If prosper:
protestee removed, true winnerproclaimed Election Laws, Alberto C.
Agra 9) Post-Proclamation: Quo Warranto
Grounds: Disloyalty to Republic; Ineligibility Venue: Same as
Election Protest If prosper: Respondent ousted; special electionsor
succession Election Laws, Alberto C. Agra 9) Post-Proclamation:
Annulment of Proclamation
Grounds: Proclamation based on irregular andillegal canvass Period
to File: 10 days from proclamation Venue: Comelec Division Effect:
Proclamation annulled Election Laws, Alberto C. Agra Election Laws,
Alberto C. Agra
Thank you. Good luck. Election Laws, Alberto C. Agra