Election

- the means by which the people choose their officials for a definite and fixed period and to whom they entrust for the time being as their representatives the exercise of the powers of the government, It involves the choice of selection of candidates to public office by popular vote - the choice or selection of candidates to public office by popular vote through the use of the ballot, and the elected official of which are determined through the will of the electorate (Carlos vs. Angeles 346 SCRA 571) Significance of Election Laws

raised in his original or amended pleading filed prior to the lapse of statutory period for filing the protest considering that compliance therewith are rendered mandatory for candidates (Pena vs HRET 270 SCRA 340)

The Liberal Construction policy is not applicable under the following circumstances: [ CACCD ]

1) 2) 3) 4) 5)

When the amendment to pleadings in an election contest will substantially change the cause of action, defense or theory of the case When the amendment will alter a final judgment on a substantial matter When the amendments will confer jurisdiction upon the court when none existed before When it seeks to cure a premature or non-existing case of action When the amendment proceedings of the case is intended to delay the

The law on elections are designed to protect the integrity of the elections in order to achieve the objective of holding an honest, orderly, peaceful, free and credible elections[ HOPEFRECRE ]

Essence of Elections Essence of elections is plurality of votes or majority rule The plurality of votes is based on the number of registered voters who actually casted their votes, not on the number of registered voters itself A public office is filled only by those who received the highest number of votes cast in the election for that office which is the basic tenet in all form of republican government It would be repugnant to the basic concept of the constitutionally guaranteed right to suffrage is a candidate who has not acquired the majority or plurality of votes be proclaimed winner and imposed the representative of a constituency, the majority of whom have positively declared through their ballots that they not choose him (Sunga vs COMELEC 288 SCRA 76)

Types of Elections 1) Regular Elections an election held on such dates established by law at regular intervals.

2)

The winner is the candidate who has obtained a majority or plurality of valid votes cast in the election. For, in all republican forms of government, the basic idea is that no one can be declared elected and no measure can be declared carried unless he or it receives a majority or plurality of legal votes cast in the election (Rulloda vs. COMELEC 395 SCRA 535) The winning candidates must be elected by plurality of votes, regardless of the actual number of ballots cast. Even if less than 25% of the electorate in the questioned precincts cast their votes, the votes have to be respected (Mitmug vs. COMELEC G.R. No. 106270-73)

Special Elections an election not regularly held but which is conducted either to a) supply a vacancy in a particular office before the expiration of the full term for which the incumbent was elected or b) in cases were a postponement and failure of elections is declared in accordance with the Omnibus Election Code. Is the SK election a regular or special election? Neither. SK election is not a regular election since it is participated in by youths some of which are not yet qualified to vote to elect local or national elective official. It is not also a special election due to definition of the special election which conducted either to supply vacancy in a particular office before the expiration of the full term or in cases of postponement and failure of elections.

Other Forms of Popular Intervention 1) Plebiscite

the submission of constitutional amendments or important legislative measures to the people for ratification. a vote of the people expressing their choice for against a proposed law or enactment submitted to them. An election at which any proposed amendment to or revision of the Constitution is submitted to the people for their ratification. A constitutional requirement to secure the approval of the people directly affected, before certain proposed changes affecting local governments units may be implemented.

Statutory Interpretation in Election Laws

GENERAL RULE: election laws are reasonably and liberally construed as it is imbued with public interest to give way to the will of the electorate and ascertain by all means the real candidate elected by the people. [ CCP ] In applying the rules on statutory construction, the election laws are to be divided into 3 parts, namely:

2)

a) b) c)

Those which refer to the conduct of the election required to be observed by the election officials Those provisions which candidates for public office are required to do and comply with

Referendum 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: [ SL ]

a) b) 3)

4)

Recall

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Those provisions which covers procedural rules designed to ascertain, in case of dispute, the actual winners of the elections The rules and regulations for the conduct of the elections are mandatory before the election but when it is sought to enforce them after the election, they are held to be directory only. (refers to letter a above) The provisions of law which the candidates for office (letter b) are required to comply with which are generally regarded as mandatory and failure to comply would be fatal to the candidate Laws governing election contests (letter c) must be liberally construed Laws and statutes governing election contests especially the appreciation of ballots must be liberally construed and in applying election laws, it would be better to err in favor of the popular sovereignty than to be right in complex little understood legalisms (Maruhom vs. COMELEC 331 SCRA 473) While statutes providing for the election contests are to be liberally construed, the rule likewise stands, that in election protest, the protestant must stand or fall upon the issue he

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

Initiative 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: [ CSL ]

a) b) c)

Initiative on the Constitution which refers to a petition proposing amendments to the Constitution; Initiative on statutes, which refers to a petition proposing to enact a national legislation; Initiative on local legislation which refers to a petition proposing to enact a regional, provincial, city, municipal or barangay law, resolution or ordinance

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. it is a method by which a public officer may be removed from office during his tenure or before the expiration of his term by a vote of the people after registration of a petition signed by a required percentage of the qualified voter the mode of removal of a public officer by the people before the end of his term of office which shall be exercised by the registered voters of a local unit to which the local elective official subject of such recall belongs

officials assumption of office or within one year immediately preceding a regular election (Sec 74 LGC) The term regular local election is construed as one referring to an election where the office held by the local elective official sought to be recalled will be contested and be filled up by the electorate. It is confined to the regular elections of elective national and local officials

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 R.A 6735 (The Initiative and Referendum Act) defines plebiscite as the electoral process by which an initiative on the Constitution is approved or rejected by the people Article XI Section 10 of the 1987 Phil Constitution states that No province, city, municipality, or barangay may be created, divided, merged, abolished, or its boundaries substantially altered except in accordance with the criteria established in the Local Government Code and subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected The term political units directly affected was held to mean that residents of political entity who would be economically dislocated by the separation of a portion thereof have a right to vote in the said plebiscite or the plurality of political units which would participate in the plebiscite. Under Article XVII Section 2 of the 1987 Philippine Constitution, amendments to the constitution may be directly proposed by the people through initiative upon petition of at least 12% of the total number of registered voters, of which every legislative district must be represented by at least 3% of the registered voters therein Under Article VI Section 32 of the 1987 Philippine Constitution, the congress is tasked to provide for a system of initiative and referendum where people can directly propose and enact laws or approve or reject any act or law or part thereof passed by congress or local legislative body after the registration of a petition thereof signed by at least 10% of the total number of registered voters, of which every legislative district must be represented by at least 3% of the registered voters thereof RA 9244 abolished preparatory recall assembly as a method in initiating a recall against a public local elective official. Now, initiating a recall is limited only to a petition commenced only by the registered voters in the local unit concerned Under Section 70 of LGC, the recall of any elective provincial, city , municipal or barangay official shall be commenced by a petition of a registered voter in the LGU concerned during the election in which the local official sought to be recalled was elected subject to the following percentage requirements: At least 25% in the case of an LGU with a voting population of not more than 20,000 At least 20% in case of an LGU with a voting population of at least 20,000 but not more than 75,000: Provided, that in no case shall the required number of petitioners be less than 5,000 At least 15% in case of an LGU with a voting population of at least 75,000 but not more than 300,000: Provided, that in no case shall the required number of petitioners be less than 15,000 At least 10% in case of an LGU with a voting population of over 300,000: Provided, that in no case shall the required number of petitioners be less than 45,000 A recall shall become effective only upon the election and proclamation of a successor in the person of the candidate who received the highest number of votes cast during the election in recall. An elective official maybe subject of recall elections only once during his term of office during his term of office exclusively on the ground of lack of confidence. The recall cannot be undertaken within one year from the date of the

Suffrage the right and obligation of qualified citizens to vote in the election of certain national and local of the government and in the decisions of public questions submitted to the people. It includes within its scope: election, plebiscite, initiative, referendum and recall 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. Doctrine of Popular Sovereignty

The Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them. (Art II Sec 1 1987 Phil Constitution)

Who Can Exercise Right to Suffrage?

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

a) b) c)

not otherwise disqualified by law, at least 18 years of age, and 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

citizenship referred in the constitutional provision may be of birth or by naturalization. Under Art. IV Sec 1 of the 1987 Constitution, the following are citizens of the Philippines: [ AFBN ]

a) b) c) d)

those who are citizens of the Philippines at the time of the adoption of this constitution those whose fathers and mothers are citizens of the Philippines those born before January 17, 1973, of Filipino mothers, who elect Filipino citizenship upon reaching the age of majority; and those who are naturalized in accordance with the law

For the purposes of election law, residence is synonymous with domicile. Art. 50 of the Civil Code provide 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 Art. V, Sec. 1 of the 1987 Constitution also 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.

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Disqualifications of Right to Suffrage [ IDI ]

in an inactive file properly marked and dated in indelible ink and after entering the cause for deactivation

a) b) c) a) b) c)

Persons sentenced by final judgment to suffer imprisonment for not less than one (1) year. 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. Insane or incompetent persons as declared by competent authority.

Grounds for deactivation: [ IDIVEL ]

a)

When Disqualification is Removed? [ PEO ] Plenary pardon or amnesty (those sentenced by final judgment) Expiration of 5 years after service of sentence Official declaration by proper authority that the insanity or incompetency no longer exist

Any person who has been sentenced by final judgment to suffer imprisonment for not less than one (1) year, such disability not having been removed by plenary pardon or amnesty: Provided, however, That any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence as certified by the clerks of courts of the Municipal/Municipal Circuit/Metropolitan/Regional Trial Courts and the Sandiganbayan; Any person who has been adjudged by final judgment by a competent court or tribunal of having caused/committed any crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation of the anti-subversion and firearms laws, or any crime against national security, unless restored to his full civil and political rights in accordance with law; Provided, That he shall regain his right to vote automatically upon expiration of five (5) years after service of sentence; Any person declared by competent authority to be insane or incompetent unless such disqualification has been subsequently removed by a declaration of a proper authority that such person is no longer insane or incompetent; Any person who did not vote in the two (2) successive preceding regular elections as shown by their voting records. For this purpose, regular elections do not include the Sangguniang Kabataan (SK) elections; Any person whose registration has been ordered excluded by the Court; and Any person who has lost his Filipino citizenship (Sec 27 RA 8189)

b)

Registration of Voters

Registration is 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) 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) Any person, who, on the day of registration may not have reached the required age or period of residence but, who, on the day of the election shall possess such qualifications, may register as a voter.

c)

d) e) f)

Reactivation of Registration Reactivation is the process whereby a voter whose registration records has been deactivated files with the election officer a sworn application for reactivation of his signature in the form of an affidavit by stating therein that the grounds for deactivation no longer exist Reactivation may be filed anytime except during the period starting one hundred twenty (120) days before a regular election and ninety (90) days before a special election. Cancellation of Registration Cancellation is a process wherein the board cancels the registration records of those who have died as certified by the local civil registrar who shall submit each month a certified list of persons who died during the previous month to the election officer of the place where the deceased is registered Petition for Inclusion of Voters in the List Any person whose application for registration has been disapproved by the Board or whose name has been stricken out from the list may file with the court a petition to include his name in the permanent list of voters in his precinct at any time except one hundred five (105) days prior to a regular election or seventy-five (75) days prior to a special election. It shall be supported by a certificate of disapproval of his application and proof of service of notice of his petition upon the Board. The petition shall be decided within fifteen (15) days after its filing. Petition for Exclusion of Voters from the List Any registered voters, representative of a political party or the Election Officer, may file with the court a sworn petition for the exclusion of a voter from the permanent list of voters giving the name, address and the precinct of the challenged voter at any time except one hundred (100) days prior to a regular election or sixty-five (65) days before a special election. The petition shall be accompanied by proof of notice to the Board and to the challenged voter and shall be decided within ten (10) days from its filing "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

System of Continuing Registration of Voters

The personal filing of application of registration of voters shall be conducted daily in the office of the Election Officer during regular office hours. No registration shall, however, be conducted during the period starting one hundred twenty (120) days before a regular election and ninety (90) days before a special election. (Sec 8 RA 8189)

Challenges to Right to Register Any voter, candidate or representative of a registered political party may challenge in writing any application for registration, stating the grounds therefor. The challenge shall be under oath and be attached to the application, together with the proof of notice of hearing to the challenger and the applicant.

Oppositions to contest a registrants application for inclusion in the voters list must, in all cases, be filed not later than the second Monday of the month in which the same is scheduled to be heard or processed by the Election Registration Board. Should the second Monday of the month fall on a non-working holiday, oppositions may be filed on the next following working day. The hearing on the challenge shall be heard on the third Monday of the month and the decision shall be rendered before the end of the month. (Section 18 RA 8189)

Deactivation of Registration

Deactivation is a process wherein the registration record of a voter is removed by the election registration board from the corresponding precincts books of voters and places the same

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included in the list of voters." (Akbayan, et al v. COMELEC, G.R. No.147066, March 26, 2001) Jurisdiction in Inclusion and Exclusion Case The Municipal and Metropolitan Trial Courts shall have original and exclusive jurisdiction over all cases of inclusion and exclusion of voters in their respective cities or municipalities. Decisions of the Municipal or Metropolitan Trial Courts may be appealed by the aggrieved party to the Regional Trial Court within five (5) days from receipt of notice thereof. Otherwise, said decision shall become final and executory. The regional trial court shall decide the appeal within ten (10) days from the time it is received and the decision shall immediately become final and executory. No motion for reconsideration shall be entertained

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