ELECTION LAW
Overview of the Philippine Electoral System
I. Before Election
Registration of Voters (RA 8189)
Rules on Candidacy
Camapaign ( R. A 9006)
II. During or Actual Election
Casting ( RA 8436)
E-Counting + E- transmission
E-Consolidation, E-Canvassing and Proclamation
III. After Election
Pre Proclamation Controversies
Election Contest (Election Protest and Quo Warranto)
Prosecution of Election Offense
Preliminary Matters
Suffrage- right to vote in election of officers chosen by
people and in the determination of questions
submitted to people.
Election- embodiment of the popular will, the expression
of the sovereign power of the people.
1. Regular election
2. Special Election
Qualification :
1. Filipino Citizen
2. At least 18 years of age on election day.
3. Resident of the Philippines for at least 1 year immediately before the
election.
4. Resident of the City or Municipality where he proposes to vote at least 6
months immediately before the election.
5. Not otherwise disqualified by law.
any crimes against national security
unless restored to his full civil and political rights in accordance with law.
Disqualification:
1. Any person who has been sentenced by final judgment to suffer imprisonment of not
less than one year. Authomatically reacquire upon expiration of 5 years after service
of sentence.
2. Any person who has been adjudged by final judgment by a competent court or
tribunal of having committed any crime involving disloyalty to the duly constituted
government such as;
Rebellion
sedition
violation of firearms law
any crimes against national security
unless restored to his full civil and political rights in accordance with law.
Power and Function of the Comelec :
1. Enforce and Administer all laws and regulation relative to conduct of election
2. Exercise of Jurisdiction
Exclusive Original Jurisdiction of all contest relating to the elections and
qualification of ELECTIVE provincial and city official.
Appelate jurisdiction cover all contest involving
Elective MUNICIPAL official decided by the trial courts or general jurisdiction
Elective BARANGAY officials decided by trial court.
3. Decide all election concern except Right to Vote.
4. Deputize law enforcer AFP to ensure, free, orderly, honest, peaceful, and credible
election.
5. Registration of Political Party
6. May file an exclusion and inclusion against the voters upon verified complaint.
7. Investigate and prosecute cases involving violation of election law.
8. Recomend to congress a law pertains to election.
9. Exercise supervision and control over police and teacher to conduct duty
pertains to election.
Note: all decision of Comelec may be brought to S.C on Certiorari.
Registration
No registration shall be conducted during the period starting 120 days before regular
election and 90 days before special election.
Double Registration is a Election Offense under Section 261 xxxxxxx
5. Any person who, being a registered voter, register anew without filing an application
for cancellation of his previous registration.
INCLUSION and EXCLUSION Proceedings through Petition
Exclusion: may be filed by (section 34-35 Republic Act No. 8189)
1, any registered voter
2. representative of political party, or
3. The Election Officer
Inclusion may only be filed by a person whose application had been:
1. Stricken out from the list of voters
2. Whose application disapproved by ERB.
Latest Law: Mandatory Biometrics Registration (RA 10367)
NO BIO NO BOTO!!
The law requires all registered voters to submit themselves for biometric. Those
who fail to submmit for validation before last day of filing of application their
registration SHALL BE DEACTIVATED.
DOMESTIC ABSENTEE VOTING
Public Officials temporarily assigned in place of their work in performance of their
election duties are allowed to vote in their place of work.
RULES ON CANDIDACY
Candidate- refers to any person aspiring or seeking and elective public
office who filed his certificate of candidacy.
Prohibition against multiple candidacies.
Sec 73 of (OEC) Certificate of Candidacy- No person shall be eligible for more
than one office to be filed in the same election, and if he files his certificate of
candidacy for more than one office, he shall not be eligible for any office.
Effects of filing of candidacy or COC.
Public appointive office or position ipso facto resign from office.
Elective Official are not considered resign.
Disqualification TO BE A CANDIDATE under Sec 12 of OEC
Disqualification OF CANDIDATES under Sec 68 of the OEC.
Disqualification TO BE A CANDIDATE Sec 12 of the OEC.
1. Any person declared by competent authority INSANE OR INCOMPETENT.
2. Any person sentenced by final judgment for any of the following offenses;
2.1 Insurrection or rebellion
2.2 Offense for which he was sentenced to penalty of more than 12 months
2.3 Crime involving moral torpitrude
3. Immigrant of foreign country.
Disqualification OF CANDIDATES
1. Violation of Omnibus Election Codes
1.1. Giving monies or other material consideration to influence voters.
1.2 Committing acts of terrorism to enhance candidacy
1.3 Excces of spending amount allowed by this code (OEC)
1.4 Receiving prohibited contribution
1.5 Violation of Sec 81 83 85 86 and 261
2. Nuisance Candidate (Section 69 OEC)
2.1 If you put election process into mockery or disresfute
2.2 Similarity of name of registered candidate.
2.3 Candidate has no intention to run for election.
3. Falsity of material representation in certificate of candidacy (Sec 78 OEC)
4. Receiving contributions from foreign sources. Sec 96
5. Prohibited raising funds.
6. Removal, destruction or defacement of lawful election propaganda.
Rules on Campaign
1987 Constitution Sec 9 Article IX-C pertains to election period
provides;
90 days before election day
30 days after election.
Unless otherwise fixed by the Commission on special Cases
Prohibited Acts during Election Period
1.
Alteration of territory of a precinct or polling place of a new place or precinct.
120 days before election. Sec 5 of OEC.
2.
Transfer or movement of officers and employees in the civil service, except upon prior
approval of the commission, including public school teachers.
3.
Prohibited form of raising funds (dances, lotteries, cockfights, games, boxing, bouts,
bingo, beauty contests, entertainment, etc. (Sec 97 0f OEC)
4.
Bearing, carrying or transporting firearms or other deadly weapons, unless authorized
in writing by the commission.
5.
Use of security personnel or bodygurads by candidates, unless authorized by the
commission in writting. (Sec 261 (t) OEC)
6.
Organization or maintenance of reaction forces, strikes forces or other similar forces.
(Sec 261 (u) OEC)
7.
Suspension of elective local officials unless said suspension pertains or applying Anti
Graft and Corruption Practices Act. (Sec 261 (x) OEC)
8.
Grant, suspension or cancellation or radio or TV francise. (Sec 6,4 RA 9006) Equal
Access to Media.
9.
Petition for forfeiture (Sec 2, RA 1379)
Sec 2 Filing of petition
xxxxx Provided, that no such petition shall be filed within 1 year before any General
Election or within 3 months before any special election.
10. Judgement in forfeiture. (Sec 6 RA 1379) 6 months before General Election, 3 months
before special election.
11. Anti- Money Laundering Act (Sec 16 RA 9160).
Campaign Spending
Php 10.00 per registered voter- Pres and V-Pres
Php 3,00 per registered voters- Others
Php 5,00 per registered voter Independent
Php 5.00 per registered voter Party List.
Prohibited Campaign Materials
1.
All printed, Published, or Aired Matters WITHOUT the words Political Advertisement paid
FOR; AND Political Adversitisement Paid BY.
2.
Film-SHowing etc. of candidate's life or an actor who is a candidate.
3.
Size, Duration and frequency matter
4.
Media practitioner's undue favor or opposition
5. To post outside common poster area, in public places, and in private properties
without consent of the owner thereof.
ARREST DURING CAMPAIGN?
Section 266- No person shall be arrested and/or detained at any time for any alleged
offense committed during and in connection with election. xxxxxxx except upon a warrant
of arrest issued by a competent judge.
CASTING+COUNTING+CANVASSING+PROCLAMATION
Precint/Polling Place
Ballot casting----Ballot counting------Election Returns-------- BOC (MBOC, CBOC)
Certificate of Canvass-----PBOC-------- NBOC------- Congress (Pres and Vice President)---Comelec (Senators).
Postponement of Election vs Failure orf Election
Sec 5 of OEC Postponement of Election- Casting
# Serious cause Violence, terrorism, force majure
# Loss or destruction of election of election paraphernalia.
Sec 6 of OEC Failure of Election- Casting, Preparation of transmission of election return.
# Serious cause Violence, terrorism, force majure
# Fraud
Who are entitled to TWO WATCHERS in every polling place.
1. Each Independent candidate
2. Registered political party or coalition of political parties.
The two watcher shall serve alternately, in every polling place.
Rights of watchers
1.
Witness and inform themselves of the proceedings of the BEI.
2.
Take Note of what they may see or hear
3.
Take Photographs of the proceedings and incidents if any during the writing and
counting of votes.
Person allowed in the Polling Place
1. Members of the BEI and Support Staff.
2. Watchers who shall stay only in the SPACE RESERVED
3. Representative of the Commission
4. Technical Support Staff assigned by the commission.
5. Voters casting their votes.
6. Voters waiting to cast their votes.
7. Other who may authorized by the commission.
Person not allowed
1. Members of AFP
2. PNP
3. Peace officer or Armed or Unarmed person
4. Barangay Tanods
5. Members of barangay self defense units, agencies offices or government
owned and controlled corpporation.
6. Members of privately owned Security Agency.
In case of tie in vote
President or Vice President shall be broken by majority vote of both houses of
Congress voting separately. (Sec 4 Article VII of the 1987 Constitution)
Other position shall be broken by the drawing of lots. (Sec 240 OEC)
Failure to assume office
If a candidate fails to take his oath of office within 6 months from his
proclamation, unless for a cause beyond the control of the elected official, his
office will be considered VACANT. Sec 12 OEC.
POST ELECTION
Pre Proclamation Controversies
Election Contest (Election Protest and Quo Warranto)
Prosecution of Election Offense (Prescription 5 years)
END OF PRESENTATION