Election-law-class-notes-v1.pdf

ELECTION LAW Lecturer: Atty. Sahara Alia J. Silongan Lecturer: Atty. Sahara Alia J. Silongan









Class: LLB 2B Thursdays, 6:30-8:30 P.M. Thursdays, 6:30-8:30 P.M.

Election Laws 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15.

1987 Constitution Omnibus Election Code (BP 881) Electoral Reforms Law of 1987 (RA 6646) Act Eliminating the Preparatory Recall Assembly (RA 9244) Automated Election Law (RA 9369 amending RA 8436) Synchronized Elections Act (RA 7166) 1991 Local Government Code (RA 7160) Initiative and Referendum (RA 6735) Fair Elections Act (RA 9006) Voter’s Registration Act of 1996 (RA 9189) Overseas Absentee Voting (RA 10590 amending RA 9189) Biometrics (RA 10367) Lone Candidate in Special Elections (RA 8295) Official Sample Ballots (RA 7004) Citizenship Retention and Reacquisition Act (RA 9225)

The Omnibus Election Code is the basic law in elections. It remains the fundamental law on the subject and such pieces of legislations are designed to improve the law and to achieve the holding of honest, orderly, peaceful, free and credible elections (HOPEFRECRE). Election laws should be reasonably and liberally construed to achieve their purpose – to effectuate and safeguard the will of the electorate in the choice of their representatives. Election laws may be divided into three parts for purposes of applying the rules of statutory construction, to wit: 1. Provisions for the conduct of elections which election officials are required to follow. 2. Provisions which candidates for office are required to do and comply with. 3. Procedural rules which are designed to ascertain, in case of dispute, the actual winner in the elections.

Philippine Elections

ELECTION is the embodiment of the popular will, the expression of the sovereign power of the

people. It involves the choice or selection of candidates to public office by popular vote. It refers to the conduct of polls. It means the listing of votes, the holding of electoral campaign, the act of casting and receiving the ballots from the voters, counting them, making the election returns, and proclaiming the winning candidates. A “regular” election, whether national or local, refers to an election participated in by those who possess the right of suffrage, are not otherwise disqualified by law, and who are registered voters. A “special” election is held where there is a 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

INITIATIVE AND REFERENDUM

Applicable laws: 1987 Philippine Constitution, R.A. No. 6735 “The Initiative and Referendum Act” 1987 Constitution SECTION 32, Article VI: The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition therefor signed by at least ten per centum of the total number of registered voters, of

REFERENCES: AGPALO, Election Law. 2005 Ed. ; AGRA, Ateneo Law School notes; COMELEC website.

1

ELECTION LAW Lecturer: Atty. Sahara Alia J. Silongan Lecturer: Atty. Sahara Alia J. Silongan









Class: LLB 2B Thursdays, 6:30-8:30 P.M. Thursdays, 6:30-8:30 P.M.

which every legislative district must be represented by at least three per centum of the registered voters thereof. SECTION 2, Article XVII: Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition of at least twelve per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters therein. No amendment under this section shall be authorized within five years following the ratification of this Constitution nor oftener than once every five years thereafter. The Congress shall provide for the implementation of the exercise of this right.

R.A. No. 6735 Initiative is the power of the people to propose amendments to the Constitution or to propose and enact legislations through an election called for the purpose. There are three (3) systems of initiative, namely: 1. Initiative on the Constitution which refers to a petition proposing amendments to the Constitution; 2. Initiative on statutes which refers to a petition proposing to enact a national legislation; and 3. Initiative on local legislation which refers to a petition proposing to enact a regional, provincial, city, municipal, or barangay law, resolution or ordinance. Indirect initiative is exercise of initiative by the people through a proposition sent to Congress or the local legislative body for action. Referendum is the power of the electorate to approve or reject a legislation through an election called for the purpose. It may be of two classes, namely: 1. Referendum on statutes which refers to a petition to approve or reject an act or law, or part thereof, passed by Congress; and 2. 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. Section 4. Who may exercise. — The power of initiative and referendum may be exercised by all registered voters of the country, autonomous regions, provinces, cities, municipalities and barangays. Section 17. Local Referendum. — Notwithstanding the provisions of Section 4 hereof, any local legislative body may submit to the registered voters of autonomous region, provinces, cities, municipalities and barangays for the approval or rejection, any ordinance or resolution duly enacted or approved. Said referendum shall be held under the control and direction of the Commission within sixty (60) days in case of provinces and cities, forty-five (45) days in case of municipalities and thirty (30) days in case of barangays. The Commission shall certify and proclaim the results of the said referendum.

Procedure: Section 5. Requirements. — (a) To exercise the power of initiative or referendum, at least ten per centum (10%) of the total number of the registered voters, of which every legislative district is represented by at least three per centum (3%) of the registered voters thereof, shall sign a petition for the purpose and register the same with the Commission. (b) A petition for an initiative on the 1987 Constitution must have at least twelve per centum (12%) of the total number of registered voters as signatories, of which every legislative district must be represented by at least three per centum (3%) of the registered voters therein. Initiative on the Constitution may be exercised only after five (5) years from the

REFERENCES: AGPALO, Election Law. 2005 Ed. ; AGRA, Ateneo Law School notes; COMELEC website.

2

ELECTION LAW Lecturer: Atty. Sahara Alia J. Silongan Lecturer: Atty. Sahara Alia J. Silongan









Class: LLB 2B Thursdays, 6:30-8:30 P.M. Thursdays, 6:30-8:30 P.M.

ratification of the 1987 Constitution and only once every five (5) years thereafter. (c) The petition shall state the following: c.1. contents or text of the proposed law sought to be enacted, approved or rejected, amended or repealed, as the case may be; c.2. the proposition; c.3. the reason or reasons therefor; c.4. that it is not one of the exceptions provided herein; c.5. signatures of the petitioners or registered voters; and c.6. an abstract or summary in not more than one hundred (100) words which shall be legibly written or printed at the top of every page of the petition. (d) A referendum or initiative affecting a law, resolution or ordinance passed by the legislative assembly of an autonomous region, province or city is deemed validly initiated if the petition thereof is signed by at least ten per centum (10%) of the registered voters in the province or city, of which every legislative district must be represented by at least three per centum (3%) of the registered voters therein; Provided, however, That if the province or city is composed only of one (1) legislative district, then at least each municipality in a province or each barangay in a city should be represented by at least three per centum (3%) of the registered voters therein. (e) A referendum of initiative on an ordinance passed in a municipality shall be deemed validly initiated if the petition therefor is signed by at least ten per centum (10%) of the registered voters in the municipality, of which every barangay is represented by at least three per centum (3%) of the registered voters therein. (f) A referendum or initiative on a barangay resolution or ordinance is deemed validly initiated if signed by at least ten per centum (10%) of the registered voters in said barangay. Section 6. Special Registration. — The Commission on Election shall set a special registration day at least three (3) weeks before a scheduled initiative or referendum. Section 7. Verification of Signatures. — The Election Registrar shall verify the signatures on the basis of the registry list of voters, voters' affidavits and voters identification cards used in the immediately preceding election.

National Initiative and Referendum SECTION 8. Conduct and Date of Initiative or Referendum. — The Commission shall call and supervise the conduct of initiative or referendum. Within a period of thirty (30) days from receipt of the petition, the Commission shall, upon determining the sufficiency of the petition, publish the same in Filipino and English at least twice in newspapers of general and local circulation and set the date of the initiative or referendum which shall not be earlier than forty-five (45) days but not later than ninety (90) days from the determination by the Commission of the sufficiency of the petition.

Section 9. Effectivity of Initiative or Referendum Proposition. — (a) The Proposition of the enactment, approval, amendment or rejection of a national law shall be submitted to and approved by a majority of the votes cast by all the registered voters of the Philippines. If, as certified to by the Commission, the proposition is approved by a majority of the votes cast, the national law proposed for enactment, approval, or amendment shall become effective fifteen (15) days following completion of its publication in the Official Gazette or in a newspaper of general circulation in the Philippines. If, as certified by the Commission, the proposition to reject a national law is approved by a majority of the votes cast, the said national law shall be deemed repealed and the repeal shall become effective fifteen (15) days following the completion of publication of the proposition and the certification by the Commission in the Official Gazette or in a newspaper of general circulation in the Philippines. However, if the majority vote is not obtained, the national law sought to be rejected or amended shall remain in full force and effect. (b) The proposition in an initiative on the Constitution approved by a majority of the votes cast in the plebiscite shall become effective as to the day of the plebiscite. (c) A national or local initiative proposition approved by majority of the votes cast in an

REFERENCES: AGPALO, Election Law. 2005 Ed. ; AGRA, Ateneo Law School notes; COMELEC website.

3

ELECTION LAW Lecturer: Atty. Sahara Alia J. Silongan Lecturer: Atty. Sahara Alia J. Silongan









Class: LLB 2B Thursdays, 6:30-8:30 P.M. Thursdays, 6:30-8:30 P.M.

election called for the purpose shall become effective fifteen (15) days after certification and proclamation by the Commission.

Section 10. Prohibited Measures. — The following cannot be the subject of an initiative or referendum petition: (a) No petition embracing more than one (1) subject shall be submitted to the electorate; and (b) Statutes involving emergency measures, the enactment of which are specifically vested in Congress by the Constitution, cannot be subject to referendum until ninety (90) days after its effectivity. Section 11. Indirect Initiative. — Any duly accredited people's organization, as defined by law, may file a petition for indirect initiative with the House of Representatives, and other legislative bodies. The petition shall contain a summary of the chief purposes and contents of the bill that the organization proposes to be enacted into law by the legislature. The procedure to be followed on the initiative bill shall be the same as the enactment of any legislative measure before the House of Representatives except that the said initiative bill shall have precedence over the pending legislative measures on the committee. Section 12. Appeal. — The decision of the Commission on the findings of the sufficiency or insufficiency of the petition for initiative or referendum may be appealed to the Supreme Court within thirty (30) days from notice thereof.

Local Initiative and Referendum SECTION 13. Procedure in Local Initiative. — (a) Not less than two thousand (2,000) registered voters in case of autonomous regions, one thousand (1,000) in case of provinces and cities, one hundred (100) in case of municipalities, and fifty (50) in case of barangays, may file a petition with the Regional Assembly or local legislative body, respectively, proposing the adoption, enactment, repeal, or amendment, of any law, ordinance or resolution. (b) If no favorable action thereon is made by local legislative body within (30) days from its presentation, the proponents through their duly authorized and registered representative may invoke their power of initiative, giving notice thereof to the local legislative body concerned. (c) The proposition shall be numbered serially starting from one (1). The Secretary of Local Government or his designated representative shall extend assistance in the formulation of the proposition. (d) Two or more propositions may be submitted in an initiative. (e) Proponents shall have one hundred twenty (120) days in case of autonomous regions, ninety (90) days in case of provinces and cities, sixty (60) days in case of municipalities, and thirty (30) days in case of barangays, from notice mentioned in subsection (b) hereof to collect the required number of signatures. (f) The petition shall be signed before the Election Registrar, or his designated representative, in the presence of a representative of the proponent, and a representative of the regional assemblies and local legislative bodies concerned in a public place in the autonomous region or local government unit, as the case may be. Signature stations may be established in as many places as may be warranted. (g) Upon the lapse of the period herein provided, the Commission on Elections, through its office in the local government unit concerned shall certify as to whether or not the required number of signatures has been obtained. Failure to obtain the required number is a defeat of the proposition. (h) If the required number of the signatures is obtained, the Commission shall then set a date for the initiative at which the proposition shall be submitted to the registered voters in the local government unit concerned for their approval within ninety (90) days from the date of certification by the Commission, as provided in subsection (g) hereof, in case of autonomous

REFERENCES: AGPALO, Election Law. 2005 Ed. ; AGRA, Ateneo Law School notes; COMELEC website.

4

ELECTION LAW Lecturer: Atty. Sahara Alia J. Silongan Lecturer: Atty. Sahara Alia J. Silongan









Class: LLB 2B Thursdays, 6:30-8:30 P.M. Thursdays, 6:30-8:30 P.M.

regions, sixty (60) days in case of the provinces and cities, forty-five (45) days in case of municipalities, and thirty (30) days in case of barangays. The initiative shall then be held on the date set, after which the results thereof shall be certified and proclaimed by the Commission on Elections.

Section 14. Effectivity of Local Propositions. — If the proposition is approved by a majority of the votes cast, it shall take effect fifteen (15) days after certification by the Commission as if affirmative action thereon had been made by the local legislative body and local executive concerned. If it fails to obtain said number of votes, the proposition is considered defeated. Section 15. Limitations on Local Initiatives. — (a) The power of local initiative shall not be exercised more than once a year. (b) Initiative shall extend only to subjects or matters which are within the legal powers of the local legislative bodies to enact. (c) If at any time before the initiative is held, the local legislative body shall adopt in toto the proposition presented, the initiative shall be cancelled. However, those against such action may, if they so desire, apply for initiative in the manner herein provided.

Case: Marmeto v. COMELEC (September 26, 2017) Held: Initiative and referendum are the means by which the sovereign people exercise their legislative power, and the valid exercise thereof should not be easily defeated by claiming lack of specific budgetary appropriation for their conduct. The grant of a line item in the FY 2014 GAA for the conduct and supervision of elections constitutes as sufficient authority for the COMELEC to use the amount for elections and other political exercises, including initiative and recall, and to augment this amount from the COMELEC's existing savings. As to the second ground, the COMELEC is given the power to review the sufficiency of initiative petitions, particularly the issue of whether the propositions set forth therein are within the power of the concerned sanggunian to enact. In as much as a sanggunian does not have the power to create a separate local legislative body and that other propositions in Marmeto's initiative petition clearly contravene the existing laws, the COMELEC did not commit grave abuse of discretion amounting to lack or excess of jurisdiction in dismissing the petition and cannot be ordered to conduct and supervise the procedure for the conduct of initiative elections.

Section 16. Limitations Upon Local Legislative Bodies. — Any proposition or ordinance or resolution approved through the system of initiative and referendum as herein provided shall not be repealed, modified or amended, by the local legislative body concerned within six (6) months from the date therefrom, and may be amended, modified or repealed by the local legislative body within three (3) years thereafter by a vote of three-fourths (3/4) of all its members: Provided, however, that in case of barangays, the period shall be one (1) year after the expiration of the first six (6) months. Section 18. Authority of Courts. — Nothing in this Act shall prevent or preclude the proper courts from declaring null and void any proposition approved pursuant to this Act for violation of the Constitution or want of capacity of the local legislative body to enact the said measure.



RECALL

Applicable laws: R.A. No. 7160 “1991 Local Government Code”, R.A. No. 9244 “Act Eliminating the Preparatory Recall Assembly” Recall is a mode of removal of a local elective official by the people before the end of his term of office. It refers to the election itself by means of which voters decide whether they should retain their local official or elect his replacement. The power of recall for loss of confidence shall be exercised by the registered voters of a local government unit to which the local elective official subject to such recall belongs. (Section 69, LGC)

REFERENCES: AGPALO, Election Law. 2005 Ed. ; AGRA, Ateneo Law School notes; COMELEC website.

5

ELECTION LAW Lecturer: Atty. Sahara Alia J. Silongan Lecturer: Atty. Sahara Alia J. Silongan









Class: LLB 2B Thursdays, 6:30-8:30 P.M. Thursdays, 6:30-8:30 P.M.

Under the OEC, recall may be initiated by a preparatory recall assembly or by the registered voters. The preparatory recall assembly, however, was already eliminated through RA 9244. The new law now provides that the recall of any elective provincial, city, municipal or barangay official shall be commenced by a petition of a registered voter in the local government unit concerned and supported by the registered voters in the local government unit concerned during the election in which the local official sought to be recalled was elected subject to percentage requirements under Section 1 thereof.

Procedure under RA 9244:

1. Gathering of signatures for the petition which must reach the percentage requirement under the law. 2. Filing of the written petition for recall with the Comelec through its office in the local government unit concerned. The petition shall contain, among others, a brief narration of the reasons and justifications therefor. 3. Certification by the Comelec to the sufficiency of the required number of signatures. Failure to obtain the required number of signatures automatically nullifies the petition. 4. If the petition is found to be sufficient in form, the Comelec shall provide the official sought to be recalled a copy of the petition, cause its publication and posting thereof. 5. Verification and authentication of the signatures of the petitioners and registered voters by the Comelec. 6. Announcement by the Comelec of the acceptance of candidates to the position and thereafter prepare the list of candidates which shall include the name of the official sought to be recalled. 7. Setting of the date of the election or recall. 8. Election and proclamation of a successor in the person of the candidate receiving the highest number of votes cast during the election on recall. Should the official sought to be recalled receive the highest number of votes, confidence in him is thereby affirmed, and he shall continue in office. (Section 72, LGC)

Section 73. Prohibition from Resignation. - The elective local official sought to be recalled shall not be allowed to resign while the recall process is in progress. Section 74. Limitations on Recall. - (a) Any elective local official may be the subject of a recall election only once during his term of office for loss of confidence. (b) No recall shall take place within one (1) year from the date of the official's assumption to office or one (1) year immediately preceding a regular local election.

These limitations do not apply to the preliminary proceedings, which my take place even within one year from the date of assumption of office of the official concerned, so long as the recall election itself takes place after one year from such assumption. PLEBISCITE Plebiscite is the electoral process by which an initiative on the Constitution is approved or rejected by the people. Thus, Section 4, Article XVII of the 1987 Constitution provides: SECTION 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the approval of such amendment or revision. Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the certification by the Commission on Elections of the sufficiency of the petition.

REFERENCES: AGPALO, Election Law. 2005 Ed. ; AGRA, Ateneo Law School notes; COMELEC website.

6

ELECTION LAW Lecturer: Atty. Sahara Alia J. Silongan Lecturer: Atty. Sahara Alia J. Silongan









Class: LLB 2B Thursdays, 6:30-8:30 P.M. Thursdays, 6:30-8:30 P.M.

Plebiscite is also the means by which the voters in the affected areas consent or object to the change in the form of local government. Thus, Sections 10 and 18, Article X of theConstitution provide: SECTION 10. No province, city, municipality, or barangay may be created, divided, merged, abolished, or its boundary 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. SECTION 18. The Congress shall enact an organic act for each autonomous region with the assistance and participation of the regional consultative commission composed of representatives appointed by the President from a list of nominees from multisectoral bodies. The organic act shall define the basic structure of government for the region consisting of the executive department and legislative assembly, both of which shall be elective and representative of the constituent political units. The organic acts shall likewise provide for special courts with personal, family, and property law jurisdiction consistent with the provisions of this Constitution and national laws. The creation of the autonomous region shall be effective when approved by majority of the votes cast by the constituent units in a plebiscite called for the purpose, provided that only provinces, cities, and geographic areas voting favorably in such plebiscite shall be included in the autonomous region.

As mandated by RA 7166 (in Section 2), which was approved into law in 26 November 1995, the next synchronized National and Local Elections (NLE) will happen on the second Monday of May, the 13th, in the year 2019. Due to RA 10153, which was approved into law in 30 June 2011, the ARMM elections was also synchronized with the 2019 NLE. Pursuant to RA 9369, the May 2019 NLE will again be fully automated, as it was with the May 2010 NLE, 2013 NLE and with the May 2016 NLE, from: 1. the counting of votes in the precincts; 2. the consolidation of the precinct results; 3. the transmission of precinct results to the corresponding city/municipality canvassing board; 4. the canvassing of precinct results in the district, city, municipal levels; 5. the proclamation of winning candidates in the district, city, municipal levels; 6. the transmission of the district, city, municipal canvassing results to the provincial canvassing board, and of the highly urbanized city results to the national canvassing board; 7. the canvassing of city/municipal results in the provincial level; 8. the proclamation of winning candidates in the provincial level; 9. the transmission of the highly urbanized city and provincial results to the national canvassing board; and 10. the canvassing of provincial and highly urbanized city results, including overseas results, in the national level.



The purpose of an election is to enable the electorate to choose the men and women who would run their government, whether national, provincial, city, municipal, or barangay. It is to give the voters direct participation in the affairs of their government, either in determining who shall be their public officials or in deciding some questions of public interests, and for this purpose all of the legal voters should be permitted, unhampered and unmolested, to cast their ballots. The primal feature of the election law is to allow the citizen to vote secretly for whom he pleases, free from improper influences.

REFERENCES: AGPALO, Election Law. 2005 Ed. ; AGRA, Ateneo Law School notes; COMELEC website.

7

ELECTION LAW Lecturer: Atty. Sahara Alia J. Silongan Lecturer: Atty. Sahara Alia J. Silongan

The COMMISSION ON ELECTIONS







Class: LLB 2B Thursdays, 6:30-8:30 P.M. Thursdays, 6:30-8:30 P.M.

The enforcement of the election law and the inquiry into and resolution of dispute or controversy dealing with elections, other than what is expressly withheld, are entrusted to the Commission on Elections (COMELEC), a body created by the Constitution for such specific purpose. Ø rotational plan Ø vacancy Ø fixed terms Ø salaries Ø profession and business Ø removal

Composition and Qualifications

Article IX-C of the Constitution reads: SECTION 1. (1) There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective position in the immediately preceding elections. However, a majority thereof, including the Chairman, shall be Members of the Philippine Bar who have been engaged in the practice of law for at least ten years. (2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, three Members shall hold office for seven years, two Members for five years, and the last Members for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.



Powers

The powers of the Commission may be classified into: 1. executive - the enforcement and administration of the election laws. 2. legislative – the issuance of rules and regulations to implement the election laws 3. judicial – resolution of controversies that may arise in the enforcement of election laws and to be the sole judge of all pre-proclamation disputes and of all contests relating to the elections, return, and qualifications of all regional, provincial and city officials. SECTION 2. The Commission on Elections shall exercise the following powers and functions: (1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall.

The Commission is given the exclusive charge of the enforcement and administration of all laws relative to conduct of elections for the purpose of insuring HOPEFRECRE. (2) Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction. Decisions, final orders, or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final, executory, and not appealable. (3) Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters.

REFERENCES: AGPALO, Election Law. 2005 Ed. ; AGRA, Ateneo Law School notes; COMELEC website.

8

ELECTION LAW Lecturer: Atty. Sahara Alia J. Silongan Lecturer: Atty. Sahara Alia J. Silongan









Class: LLB 2B Thursdays, 6:30-8:30 P.M. Thursdays, 6:30-8:30 P.M.



The COMELEC has adjudicatory or quasi-judicial power. The power consists of original and appellate jurisdiction. In the exercise of its appellate jurisdiction, the COMELEC, upon proper petition, may issue the extraordinary writs of certiorari, prohibition and mandamus in aid of its appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction. Section 9 of R.A. No. 6679, which vests upon the RTCs appellate jurisdiction over election cases decided by MTCs has been declared unconstitutional, and decisions of the latter which are appealed to the RTCs, which have no appellate jurisdiction, are erroneously appealed and thus become final. Cases: 1. Taule v. Santos (Aug. 12, 1991) 2. Monroy v. CA (July 1, 1967) Jurisdiction of COMELEC in division; en banc SECTION 3. The Commission on Elections may sit en banc or in two divisions, and shall promulgate its rules of procedure in order to expedite disposition of election cases, including pre-proclamation controversies. All such election cases shall be heard and decided in division, provided that motions for reconsideration of decisions shall be decided by the Commission en banc.

The COMELEC sitting en banc does not have the authority to hear and decide election cases, including pre-proclamation controversies, in the first instance. The COMELEC in division has such authority, and the COMELEC en banc can exercise jurisdiction only on motions for reconsideration of the resolution or decision of the COMELEC in division. Any decision of the COMELEC en banc as regards election cases decided by it in the first instance is null and void. Cases: 1. Abad v. COMELEC (December 10, 1999)

2. Ramirez v. COMELEC (March 26, 1997)

The exceptions to the rule that election cases be first heard and decided by COMELEC in division are:

1. When what is involved in the case is purely administrative and not quasi-judicial in nature. This includes matters that do not entail an opportunity to be heard, the production and weighing of evidence, and a decision or resolution thereon. Examples: a) Corrections of errors in the tabulation or tally of results by the board of canvassers; b) Correction of manifest errors by the board of canvassers; c) The registration of voters; and d) Questions whether elections have been held or whether certain returns were falsified or manufactured and therefore should be excluded from the canvass do not involve the right to vote, and are properly within the administrative jurisdiction of the COMELEC en banc. 2. When the required number of votes to reach a decision, resolution, order or ruling is not obtained in the Division. Ø Division: 2 votes Ø En Banc composing of five members: 3 Ø Where the COMELEC en banc is equally divided in opinion or the necessary majority cannot be had: § the case will be reheard. § If after rehearing no decision is reached: o the action originally commenced in the COMELEC is dismissed;

REFERENCES: AGPALO, Election Law. 2005 Ed. ; AGRA, Ateneo Law School notes; COMELEC website.

9

ELECTION LAW Lecturer: Atty. Sahara Alia J. Silongan Lecturer: Atty. Sahara Alia J. Silongan





o o





Class: LLB 2B Thursdays, 6:30-8:30 P.M. Thursdays, 6:30-8:30 P.M.

the appealed judgment or order shall stand affirmed; all incidental matters shall be denied.

3. Estoppel. 4. Petitions for postponement and declaration of failure of election, and the calling of special election. 5. Prosecution of election cases.

Jurisdiction over petitions for disqualification of elective officials filed before the election

MTC: elective barangay officials COMELEC: municipal, provincial, city, congressional, senatorial, vice-presidential and presidential officials Ø If the petition is not finally decided before the election: § For municipal, provincial, city officials - the COMELEC shall continue to hear and resolve the case. § For congressional, senatorial, vice-presidential and presidential officials – remedy is to file the corresponding election protest or quo warranto within 10 days after proclamation with the corresponding electoral tribunals. Ø If the petition is filed after the election, the COMELEC no longer has jurisdiction and shall dismiss the petition.

The power to register political parties Article IX-C of the Constitution: Section 2 (5) Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government; and accredit citizens’ arms of the Commission on Elections. Religious denominations and sects shall not be registered. Those which seek to achieve their goals through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or which are supported by any foreign government shall likewise be refused registration. Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to elections constitute interference in national affairs, and, when accepted, shall be an additional ground for the cancellation of their registration with the Commission, in addition to other penalties that may be prescribed by law. The power to annul registry list of voters (6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices.

The Commission has the power to decide administrative questions concerning the registration of voters. This power includes the authority to annul illegal registry of voters. The annulment does not involve determination of the right to vote, which is outside of the Commission’s jurisdiction, but merely the resolution of whether the book of voters was prepared in accordance with law, or the preparation of such boook has been effected with fraud, bribery, forgery, impersonation, intimidation, force or any other similar irregularities. Questions concerning the right to vote, which are within the competence of the courts, refers to the administration of whether or not a person can exercise or is precluded from exercising the right of suffrage. The question of inclusion or exclusion from the list of voters involves the right to vote.



REFERENCES: AGPALO, Election Law. 2005 Ed. ; AGRA, Ateneo Law School notes; COMELEC website.

10

ELECTION LAW Lecturer: Atty. Sahara Alia J. Silongan Lecturer: Atty. Sahara Alia J. Silongan









Class: LLB 2B Thursdays, 6:30-8:30 P.M. Thursdays, 6:30-8:30 P.M.



Supervision and control over election officials (8) Recommend to the President the removal of any officer or employee it has deputized, or the imposition of any other disciplinary action, for violation or disregard of, or disobedience to its directive, order, or decision.

The Commission may relieve any officer or employee from performing duties relative to the conduct of elections, who violates the election law or fails to comply with its instructions, orders, decisions or rulings, and appoint a substitute. Upon recommendation of the Commission, the corresponding proper authority shall suspend or remove from office any or all of such officers or employees who may, after due process, be found guilty of such violation or failure. The Commission has the exclusive authority to investigate and, if warranted, prosecute before the regular courts election offenses, whether committed by public officers or private persons. To subpoena and to grant immunity from suit In the exercise of its powers, the Commission has the authority to issue subpoena and grant immunity from criminal prosecution. Section 26 of R.A. No. 6646 reads: Section 26. COMELEC Hearings and Proceedings. - In all hearings, inquiries, and proceedings of the Commission, including preliminary investigations of election offenses, no person subpoenaed to testify as a witness shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda and other records on the ground that the testimony or evidence, documentary or otherwise, required of him, may tend to incriminate him or subject him to prosecution: Provided, That no person shall be prosecuted criminally for or on account of any matter concerning which he is compelled, after having claimed the privilege against self-incrimination, to testify and produce evidence, documentary or otherwise. Under such terms and conditions as it may determine, the Commission may grant immunity from criminal prosecution to any person whose testimony or whose possession and production of documents or other evidence may be necessary to determine the truth in any hearing, inquiry or proceeding being conducted by the Commission or under its authority, in the performance or in the furtherance of its constitutional functions and statutory objectives. The immunity granted under this and the immediately preceding paragraph shall not exempt the witness from criminal prosecution for perjury or false testimony.

Punish for contempt Section 52 (e) of the OEC reads: SEC. 52. Powers and Functions of the Commission on Elections - xxx (e) Punish contempts provided for in the Rules of Court in the same procedure and with the same penalties provided therein. Any violation of any final and executory decision, order or ruling of the Commission shall constitute contempt thereof.

The Commission has the power to cite for contempt a person for contemptuous act as provided for in tehe Rules of Court and impose the appropriate penalties as therein prescribed. Since the power to punish for contempt is inherently judicial in nature, the Commission can have the authority to punish for contempt only when it is exercising judicial or quasi-judicial functions and does not have that power when it is discharging its administrative or ministerial functions. Make adjustments in reapportionment of districts The Ordinance appended to the 1987 Constitution empowers the COMELEC to make minor adjustments of the reapportionment therein provided. The number of members apportioned

REFERENCES: AGPALO, Election Law. 2005 Ed. ; AGRA, Ateneo Law School notes; COMELEC website.

11

ELECTION LAW Lecturer: Atty. Sahara Alia J. Silongan Lecturer: Atty. Sahara Alia J. Silongan









Class: LLB 2B Thursdays, 6:30-8:30 P.M. Thursdays, 6:30-8:30 P.M.

to the province out of which such new province was created or where the city, whose population has so increased, is geographically located shall be correspondingly adjusted by the COMELEC but such adjustment shall not be made within 120 days before the election. The power granted to the COMELEC is limited. It cannot transfer a municipality from one congressional district to another, the power to do so being a legislative prerogative. Act as board of canvassers for senators Section 2 of EO No. 144 (1987) provides that the Chairman and Members of the COMELEC sitting en banc shall be the National Board of Canvassers for the election of Senators. As such, it is considered only as a ministerial body, which is empowered only to accept as correct returns transmitted to it. Issue rules and regulations Basis: Section 6, Article IX-A of the Constitution, Section 52(c) of the OEC, Section 30 of RA 6646. Other powers: Read Section 2, Article IX-C of the Constitution and Section 52 of the OEC

REFERENCES: AGPALO, Election Law. 2005 Ed. ; AGRA, Ateneo Law School notes; COMELEC website.

12