Notes-midterm.docx

FRANCISCO I. CHAVEZ, petitioner, vs. COMMISSION ON ELECTIONS,  

C. IN THE NATURE OF AN EX-POST FACTO LAW  The offense,is the non-removal of the described propaganda materials three (3) days after the effectivity of COMELEC Resolution No. 6520.  If the candidate for public office fails to remove such propaganda materials after the given period, he shall be liable under Section 80 of the Omnibus Election Code for premature campaigning. Indeed, nowhere is it indicated in the assailed provision that it shall operate retroactively.

Chavez endorses clothing and other products, which subsequently he filed a COC for Senator His billboards were ordered to be removed by COMELEC

ISSUE: WHETHER OR NOT COMELEC RESOLUTION IS UNCONSTITUTIONAL FOR: a. gross violation of non-impairment clause b. invalid exercise of police power c. in the nature of an ex-post facto law d. contrary to Fair Elections Act e. Invalid due to overbreadth

D. CONTRARY TO FAIR ELECTIONS ACT  provision does not prohibit billboards as lawful election propaganda.  It only regulates their use to prevent premature campaigning and to equalize, as much as practicable, the situation of all candidates by preventing popular and rich candidates from gaining undue advantage in exposure and publicity on account of their resources and popularity.

RULING: A. GROSS VIOLATION OF NON-IMPAIRMENT CLAUSE

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E. INVALID DUE TO OVERBREADTH  A statute or regulation is considered void for overbreadth when it offends the constitutional principle that a governmental purpose to control or prevent activities constitutionally subject to State regulations may not be achieved by means that sweep unnecessarily broadly and thereby invade the area of protected freedoms  It only disallows the continued display of a persons propaganda materials and advertisements after he has filed a certificate of candidacy and before the start of the campaign period. Said materials

Court has said that contracts affecting public interest contain an implied reservation of the police power as a postulate of the existing legal order. This power can be activated at anytime to change the provisions of the contract, or even abrogate it entirely, for the promotion or protection of the general welfare. Such an act will not militate against the impairment clause, which is subject to and limited by the paramount police power.

and advertisements must also show his name and image.

B. INVALID EXERCISE OF POLICE POWER  Republic Act No. 6646, which prohibited the sale or donation of print space and air time for campaigning or other political purposes, except to the COMELEC.  to prohibit premature campaigning and to level the playing field for candidates of public office,  to equalize the situation between popular or rich candidates, on one hand, and lesser-known or poorer candidates, on the other, by preventing the former from enjoying undue advantage in exposure and publicity on account of their resources and popularity

Under the Omnibus Election Code, election campaign or partisan political activity is defined as an act designed to promote the election or defeat of a particular candidate or candidates to a public office. Activities included under this definition are: (1) Forming organizations, associations, clubs, committees, or other groups of persons for the purpose of soliciting votes and/or undertaking any campaign for or against a candidate

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(2) Holding political caucuses, conferences, meetings, rallies, parades, or other similar assemblies, for the purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate;

GMA VS COMELEC 

(3) Making speeches, announcements or commentaries, or holding interviews for or against the election of any candidate for public office; RULING:

(4) Publishing or distributing campaign literature or materials designed to support or oppose the election of any candidate; or

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The court held that the aggregate-based airtime limits is unreasonable and arbitrary as it unduly restricts and constraints the ability of candidates and political parties to reach out and communicate with the people.

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Here, the leveling-playing field reason does not constitute a compelling state of interest which would justify such substantial restriction on the freedom of candidates and political parties to communicate their ideas, philosophies, platforms and programs of government.

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Considering also that the Philippines is not only composed of so many islands but also a lot of languages and dialects are spoken among the citizens across the country.

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To reach out as many of the electorates as possible, national candidate must resort to medium where he can convey his message as readily understandable and relatable.

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To add all of these airtimes in different dialects would greatly hamper the ability of such candidate to express himself in a form of suppression of his political speech.

(5) Directly or indirectly soliciting votes, pledges or support for or against a candidate. G.R. No. 181613 November 25, 2009 ROSALINDA A. PENERA vs.COMELEC   

RA 8436- AUTOMATED ELECTION For affording enough time of ballot printing, deadline of filing COC was removed earlier Penera assailed her disqualification from running for Mayor charged of premature campaigning

When can a person considered as candidate? 

Section 13 of RA 9369, provides that "[a]ny person who files his certificate of candidacy within [the period for filing] shall only be considered as a candidate at the start of the campaign period for which he filed his certificate of candidacy. (Lanot vs COMELEC)

G.R. No. 212398 RAMON "E.R." P. EJERCITO, vs. HON. COMMISSION ON ELECTIONS and EDGAR "EGA Y" S. SAN LUIS,

When can he be liable for premature campaigning?  

CONSTITUTIONALITY OF LIMITATIONS PLACE ON AGGREGATE AIRTIME WAS QUESTIONED –PER STATION VS TOTAL AGGREGATE BASIS

a candidate is liable for an election offense only for acts done during the campaign period, not before. The law is clear as daylight — any election offense that may be committed by a candidate under any election law cannot be committed before the start of the campaign period. In ruling that Penera is liable for premature campaigning for partisan political acts before the start of the campaigning, the assailed Decision ignores the clear and express provision of the law.

What is the jurisdiction of COMELEC in violation of Section 68 of OEC? 

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As enunciated in Lanot, "(a)n erring candidate may be disqualified even without prior determination of probable cause in a preliminary investigation. The electoral aspect may proceed independently of the criminal aspect, and vice-versa

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declared stray or invalid. There is no such risk if the petition is filed after the elections.

necessity of the conduct of preliminary investigation pertains to cases where the offenders are charged with acts not covered by Section 68 of the OEC, and are, therefore, beyond the ambit of the COMELEC’s jurisdiction

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What is the effect of granting petition of Sec. 68? Section 6. Effect of Granting of Petition.– In the event a Petition to disqualify a candidate is granted by final judgment as defined under Section 8 of Rule 23 and the disqualified candidate obtains the highest number of votes, the candidate with the second highest number of votes cannot be proclaimed and the rule of succession, if allowed by law, shall be observed. In the event the rule of succession is not allowed, a vacancy shall exist for such position Section 5. Effect of Petition if Unresolved Before Completion of Canvass.– If a Petition for Disqualification is unresolved by final judgment on the day of elections, the petitioner may file a motion with the Division or Commission En Banc where the case is pending, to suspend the proclamation of the candidate concerned, provided that the evidence for the grounds to disqualify is strong. For this purpose, atleast three (3) days prior to any election, the Clerk of the Commission shall prepare a list of pending cases and furnish all Commissioners copies of said the list.

VILLABER VS COMELEC

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Pablo C. Villaber, sought the nullification of two Resolutions of the Commission on Election (COMELEC) in SPA-01-058 on April 30, 2001.

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declaring Villaber disqualified as "a candidate for and from holding any elective public office" and canceling his certificate of candidacy being convicted for violation of B.P. BIg. 22 involves moral turpitude following the ruling of this Court en banc in the administrative case of People vs. Atty. Fe Tuanda.

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Denying his MR

Note: Villaber and respondent Douglas R. Cagas were rival candidates for a congressional seat in the First District of Davao del Sur

SEC. 6. Effects of Disqualification Case. - Any candidate who has been declared by final judgment to be disqualified shall not be voted for, and the votes cast for him shall not be counted. If for any reason a candidate is not declared by final judgment before an election to be disqualified and he is voted for and receives the winning number of votes in such election, the Court or Commission shall continue with the trial and hearing of the action, inquiry or protestand, upon motion of the complainant or any intervenor, may during the pendency thereof order the suspension of the proclamation of such candidate whenever the evidence of his guilt is strong.

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Cagas also asserted that Villaber made a false material representation in his certificate of candidacy that he is "Eligible for the office I seek to be elected " - which false statement is a ground to deny due course or cancel the said certificate pursuant to Section 78 of the Omnibus Election Code.

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Villaber countered: - his conviction has not become final and executory because the affirmed Decision was not remanded to the trial court for promulgation in his presence.9 even if the judgment of conviction was already final and executory, it cannot be the basis for his disqualification since violation of B.P. Blg. 22 does not involve moral turpitude. -

The two aspects account for the variance of the rules on disposition and resolution of disqualification cases filed before or after an election. When the disqualification case is filed before the elections, the question of disqualification is raised before the voting public. If the candidate is disqualified after the election, those who voted for him assume the risk that their votes may be

ISSUE: whether or not violation of B.P. Blg. 22 involves moral turpitude.

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RULING:

Caballero’s contention: 1.

In In re Vinzon,14 the term "moral turpitude" is considered as encompassing "everything which is done contrary to justice, honesty , or good morals."

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In the case at bar, being convicted of such crime, as a drawer who issues an unfunded check deliberately reneges on his private duties he owes his fellow men or society in a manner contrary to accepted and customary rule of right and duty, justice, honesty or good morals. (paraphrasing Black's definition)

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Thereafter, he renounced his Canadian citizenship and executed an Affidavit of Renunciation before a Notary Public in Batanes on October 1, 2012 to conform with Section 5(2) of RA No. 9225.

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he did not lose his domicile of origin as he merely left temporarily to pursue a brighter future for him and his family

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his nine months of actual stay in Uyugan, Batanes prior to his election is a substantial compliance with the law

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WHAT IS NECESSARY IS the acquaintance by the candidate on his constituents' vital needs for their common welfare

The mischief it creates: 1. 2. 3.

is not only a wrong to the payee or holder, but also an injury to the public" since the circulation of valueless commercial papers "can very well pollute the channels of trade and commerce, injure the banking system and eventually hurt the welfare of society and the public interest.

(2nd element manifest moral turpitude: The accused knows at the time of the issuance that he or she does not have sufficient funds in, or credit with, the drawee bank for the payment of the check in full upon its presentment) 

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COMELEC’S CONTENTION 1.

Clearly, in Tuanda, this Court did not make a distinction whether the offender is a lawyer or a non-lawyer. Nor did it declare that such offense constitutes moral turpitude when committed by a member of the Bar but is not so when committed by a non-member, hence, contention of villaber that ruling is not applicable since he is not a lawyer is unavailing.

he took an Oath of Allegiance to the Republic of the Philippines before the Philippine Consul General in Toronto, Canada on September 13, 2012 and became a dual Filipino and Canadian citizen pursuant to Republic Act (RA) No. 9225, otherwise known as the Citizenship Retention and Reacquisition Act of 2003

he failed to comply with the other requirements provided under RA No. 9225 for those seeking elective office, i.e., persons who renounced their foreign citizenship must still comply with the one year residency requirement provided for under Section 39 of the Local Government Code; MUST RE \ESTABLISH HIS DOMICILE

ISSUE: WHETHER OR NOT CABALLERO WAS ABLE TO REESTABLISHED HIS DOMICILE IN UYUGAN, BATANES.

WHEREFORE, PETITION IS DISMISSED.

RULING: II-

CABALLERO VS COMELEC

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COMELEC granted petition for cancellation of Certificate of candidacy of Caballero for having made a material misrepresentation in his COC declaring that he is a resident of Barangay Imnajbu, Uyugan, Batanes within one year prior to the election on May, 03, 2013 (despite being a canandian citizen) NOTE: Jonathan Nanud and Caballero both candidates for mayoralty

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Caballero failed to prove that he had been a resident of Uyugan, Batanes for at least one year immediately preceding the day of elections as required under Section 39 of the Local Government Code. Reacquisition of Phil. Citizenship had no automatic impact or effect on his residence/domicile

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His argument of substantial compliance with the rule for having stayed 9 months immediately prior to election is not persuasive. In Aquino v. Commission on Elections,34 we held:cralawlawli

….not even the will of a majority or plurality of the voters of the Second District of Makati City would substitute for a requirement mandated by the fundamental law itself. Note: when a natural-born Filipino with dual citizenship seeks for an elective public office, residency in the Philippines becomes material. Section 5(2) of RA No. 9225wlawlibrary 

material representation contemplated by Section 78 refers to qualifications for elective office: 1. requisite residency, 2. age 3. citizenship 4. or any other legal qualification necessary to run for a local elective office as provided for in the Local Government Code.

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misrepresentation must consist of a deliberate attempt to mislead, misinform, or hide a fact which would otherwise render a candidate ineligible

SC CONTENTIONS ON OTHER ARGUMENTS OF CABALLERO 1.

THAT RESPONDENT FAILED TO PERSONALLY SERVED COPY OF PETITION AND THAT THE XOPY SENT THRU REGISTERED MAIL LACKS AFFIDAVIT OF REASONS OF SUCH FAILURE -COMELEC Rules of Procedure are subject to liberal construction -CABALLERO was not deprived of due process

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