Election law


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Election law

  1. 1. Election Law Notes
  2. 2. Outline 1) Commission on Elections 6. Election Day; Casting and Counting 2) Voters and Voter 7. Canvassing and Registration Pre-Proc 3) Elective Officials and 8. Post-Proc. Candidates Election Protest, Quo Warranto 4) Campaign Annulment and Election Offense 5) Elections: Postponement and Failure
  3. 3. 1) Commission on Elections Enforcement: All election laws (persons and policies) Judicial Power: Qualifications, Election Contests, Not suffrage Jurisdiction: Original - Regional, Provincial and City; Appellate - Municipal, Barangay and Sangguniang Kabataan Recourse: En Banc (MR, administrative) and Division (1st instance, judicial) Process: Division - MR to En Banc - Certiorari to SC
  4. 4. 1) Commission on Elections Judicial: Disqualification, Election Protest, Quo Warranto, Pre- Proclamation, Annulment of Proclamation Administrative: Failure of Elections, Postponement of Elections, Election Offense, Annulment of Book of Voters Contempt: Judicial, not Administrative
  5. 5. 2) Voters: Concepts Suffrage is a Right, Not Obligation Qualifications defined in Constitution Procedural Requirements allowed, Substantive not allowed Disqualifications defined in Statute Must allow: Absentee Voting, Dual Citizens, Disabled and Illiterates to Vote Relationship with Right to Run for Office
  6. 6. 2) Voters: Qualifications Filipino Citizen At least 18 years of age on election day Resident in Philippines for at least 1 year prior to election day Resided in place wherein propose to vote for at least 6 months prior to election day Free from Disqualifications In order to vote, must be a registered voter
  7. 7. 2) Voters: Disqualifications Sentenced by final judgment – imprisonment of 1 year or more Sentenced to suffer accessory penalty – political rights Adjudged by final judgment – crime involving disloyalty Court-declared insane and incompetent persons
  8. 8. 2) Voters: Registration Continuing Computerized List 200 Voter-Precinct Permanent but may be changed (+ or -): New Voters; Transfer; Deactivation and Activation; Cancellation; Inclusion and Exclusion; and Annulment of Book of Voters
  9. 9. 2) Voters: Opposition Where Oppose? Election Registration Board How Oppose? File Written Opposition Why Oppose? Not Qualified, Fictitious
  10. 10. 2) Voters: Deactivation When Disqualified to Vote; Failed to Vote in 2 preceding elections When Registration Excluded by the Court When Lose Filipino Citizenship
  11. 11. 2) Voters: Inclusion/ Exclusion Where File? MTC (not Comelec), then RTC Grounds? Disapproval or Name Stricken Out (Inclusion); Not Qualified or Voter Not Real (Exclusion)
  12. 12. 2) Voters: Inclusion/ Exclusion File Petition (refer to 1 precinct; ERB members as Respondents) Service of Notice (4 modes) Any Voter, Candidate or Political Party may Intervene Summary Proceedings (not conference inside Chambers) Presentation of Evidence (No Stipulation of Facts) Decision within 10 days from Filing Appeal with RTC (5 days)
  13. 13. 2) Voters: Annulment of BV Where File? COMELEC Who Files? Any Voter, EO or Party What Grounds? Book Prepared Improperly, Preparation Attended with Vice or Fraud, Book contains Statistically Improbable Data
  14. 14. 2) Voters: Election Day Illegal Voter Not registered; Use another name; Disqualified; Multiple Registrant (allowed to vote if properly identified) Illegal Act Vote-Buying; Vote-Selling; Vote-Betting: Promise to induce or withhold vote (allowed to vote if take oath)
  15. 15. 3) Officials: Elective National Office President; Vice-President; Senators (24; 1/2); Representatives (District and Party-List) Local Office LCE: Governor, Mayor and Punong Barangay; VLCE: Vice-Governor and Vice-Mayor; Sanggunian Members; Sangguniang Kabataan
  16. 16. 3) Officials: Party-List Multi-Partism/ Party Loyalty/ Social Justice Exclusive to Marginalized/ Nominees Organic Only in House (20% of Total) 2% Threshold (and until filled up) 3-Seat Maximum
  17. 17. 3) Officials: Candidate Definition: Seeks public office and files certificate of candidacy Effect of Non-Filing: Not a candidate (re: liability for unlawful acts and omissions) Effect of Filing: On Tenure of Incumbents (elective and appointive)
  18. 18. 3) Officials: Substitution 2 Grounds – Death, Withdrawal and Disqualification Both Substituted and Substitute must be Qualified When? Up to mid-day of election day (Rules might set earlier deadline) Substitute? Qualified and Same Party (or spouse) Substituted can no longer run for any other position/ Withdrawal not affect liabilities Votes cast for substituted stray unless same surname
  19. 19. 3) Officials: Qualifications Set by the Constitution (for national) and statutes (for local) Citizenship Age Residency Registered Voter Literacy Free from Disqualifications Undergo Drug Test under CDDA of 2002 (unconstitutional)
  20. 20. 3) Officials: Disqualifications Lack qualifications/ possess some disqualifications Violate Term Rule (1-2-3 terms) Commission of an election offense Nuisance Candidate Sentenced by Final Judgment – accessory penalty Wilfully Commits Material Misrepresentation No valid, timely and properly filed certificate of candidacy
  21. 21. 3) Officials: Disqualifications Lack of Qualifications Where File: Comelec Division When File: Before Proclamation If Not File: Quo Warranto
  22. 22. 3) Officials: Disqualifications Election Offense What Offenses? Vote-Buying, Terrorism, Unlawful Expenditures, Unlawful Campaign, Coercion of Subordinates, Threats, Prohibition against Release of Public Funds Where File? Comelec Division When File? Before Proclamation If Not File? Election Protest and/ or Election Offense
  23. 23. 3) Officials: Disqualifications Nuisance Candidate Who Is? Campaign Capability, Intention, Performance, Exposure, Platform, Party Affiliation, Organization, Profession, Income, Health, Education, Name Where File? Comelec Division When File? Within 5 days from Last Day Filing of Certificate of Candidacy If Not File: No remedy
  24. 24. 3) Officials: Disqualifications Misrepresentation Misrepresentation must be Material (pertains to Qualifications and Disqualifications) and Willful/ Deliberate; Even if there is ‘Misrepresentation”, if actually Qualified – Not Disqualified Where File? Comelec Division When File? 25 days from Filing of CoC If Not File: No remedy
  25. 25. 4) Campaign: Concept Definition: Act designed to promote or defeat a candidate Determining Factor: Intent/ Design (not all acts of beneficence are considered campaigning) Application: All Candidates for All Elective Offices Current Framework: Regulated but Liberalized
  26. 26. 4) Campaign: Allowable Forms Forming Organizations Holding Rallies Making Speeches Distributing Campaign Materials Soliciting Votes Publishing Advertisements
  27. 27. 4) Campaign: Propaganda Paid Political Advertisements Free Space and Airtime Use of Gadgets and Billboards Private Poster Areas Posting in Private Places Election Surveys and Exit Polls
  28. 28. 4) Campaign: Written Forms Printed Materials (8.5”Wx14”L) Letters Posters (2’x3’), Poster Areas (12’x16’) Rally Streamers (3’x8’)
  29. 29. 4) Campaign: Paid Ads Print: 1/4th page in broadsheet, ½ in tabloid 3x a week Television: 120 minutes (for national) and 60 minutes (for local) Radio: 180 minutes (for national) and 90 minutes (for local)
  30. 30. 5) Elections: Postponement Grounds: Force majeure, Violence, Terrorism, Loss or Destruction of Election Paraphernalia, and Analogous Causes Extent: Serious and Impossible to have free and orderly elections Conditions: Grounds must exist before voting Authority: Comelec en banc (petition or motu propio)
  31. 31. 5) Elections: Failure Grounds: Force majeure, Violence, Terrorism, Fraud, and Analogous Causes Extent: Failure to elect and affect results of elections Conditions: Election not held or suspended, After voting, During preparations or transmission of election returns, Canvassing Authority: Comelec en banc (petition)
  32. 32. 6) Election Day: Pre-Casting Polling Places are Opened Election Paraphernalia and Book of Voters Presented and Examined in Public BEI Chair Opens Ballot Box (turn upside down) BEI Locks Ballot Box BEI Chair and Poll Clerk Sign at the Back of Each Ballot Watchers Present their Credentials
  33. 33. 6) Election Day: Casting Voters Vote in Order of their Entrance Voter Approaches BEI Chair BEI Verifies Identity BEI Chair Announces Name (Voter may be Challenged: Illegal Voter or Illegal Acts) Voter Signs in EDCVL BEI Chair Enters Ballot Number in EDCVL
  34. 34. 6) Election Day: Casting BEI Chair Signs at the Back of Ballot BEI Chair Delivers 1 Ballot to Voter Voter Proceeds to Voting Booth (If Voter spoils ballot, must be surrendered and given another) Voter Delivers Folded Ballot to BEI Chair Voter Affixes Thumbmark in Coupon BEI Chair Verifies Ballot Number Voter Affixes Thumbmark in EDCVL
  35. 35. 6) Election Day: Casting Chair applies indelible ink on right forefinger nail of voter BEI Chair Signs EDCVL BEI Chair Detaches Coupon and Deposit Folded ballot in Compartment for Valid Ballots and Coupon in Compartment for Spoiled Ballots Voter Departs
  36. 36. 6) Election Day: Counting Counting in Public and Without Interruption Ballot Box Opened and Ballots Counted Excess Ballots Disposed of Marked Ballots Ascertained and Not Counted Ballots Unfolded, then Placed in Piles of 100, then Read Ballots of 1st Pile 1-by-1, BEI Chair Affixes Thumbmark, Totals after Reading of each Pile During Counting, Chairperson reads names, Poll Clerk Records on Election Returns, 3rd Member Records on Tally Board
  37. 37. 6) Election Day: Counting Rules on Appreciation Followed (Objections may be made) Valid Ballot Intent Rule 3 Ss: Surname, Sitting Official (Incumbent) and Slate Distinguish Stray Vote and Invalid Ballot
  38. 38. 6) Election Day: Counting Proclamation of Results (Alterations and Corrections can be made before Announcement) Sealing of Counted Ballots and Election Returns and Certification of Tally Sheet Issuance of Certificate of Votes Delivery of Ballot Boxes and Election Paraphernalia to Local Treasurer 7 Copies of Election Returns Distributed
  39. 39. 7) Canvassing: Concepts Collegial Body: Board of Canvassers Determination: Due execution and authenticity of ERs and CoCs Scope: Canvassing, Pre-Proclamation Controversies or Manifest Errors, and Proclamation
  40. 40. 7) Canvassing: Pre-Proc Grounds Exclusive (BoC Composition/ Proceedings and ER/ CoC) No Pre-Proclamation Cases for National Positions (only Manifest Errors) Face of Election Returns (No evidence aliunde) Not violence, voting, voters, appreciation of ballots 2-Objection Rule: Verbal then Written
  41. 41. 7) Canvassing: Pre-Proc ER/ CoC Delayed or Destroyed Delayed (retrieval) Lost or Destroyed (use other copies; with Comelec authority
  42. 42. 7) Canvassing: Pre-Proc Material Defects Material Defects: Name of Candidate Omitted, or Votes of Candidate Omitted (BEI to correct or recount) Formal Defects: Not Sealed with Inner Paper Seal, No Outer Paper Seal/ Seal Broken, # of Registered Voters Not Stated, No Closing Signature by BEI, Not Signed by Watchers
  43. 43. 7) Canvassing: Pre-Proc ER/ CoC Falsified/ Spurious Grounds: Not Signed by BEI, Prepared by Non- BEI, No Security Markings, Prepared by BEI under Duress, or Contain Erasures (affect integrity) Recourse: use other copies or recount
  44. 44. 7) Canvassing: Manifest Errors Any Palpable Error Copies of ER tabulated more than 1x 2 Copies of ER tabulated separately Mistake in adding Mistake in copying of figures in statement of votes ERs from non-existent precincts canvassed
  45. 45. 8) Post-Proc: Election Protest Grounds: Fraud and Irregularities in Casting, Counting and Canvassing Documents in Question: Ballots, ERs and CoCs Venue: P/VP; Senators; Representatives; Regional; Province; City; Municipality; Barangay Requirements: Filed by candidate; Within period; Protestee proclaimed; Payment of filing fee; Allegations of fraud; Identify precincts; Verified; Certificate of non-forum shopping Procedure: Revision; Trial If prosper: protestee removed, true winner proclaimed
  46. 46. 8) Post-Proc: Quo Warranto Grounds: Disloyalty to Republic; Ineligibility Venue: Same as Election Protest If prosper: Respondent ousted; special elections or succession
  47. 47. 8) Post-Proc: Annulment Grounds: Proclamation based on irregular and illegal canvass Venue: Comelec division Effect: Proclamation annulled
  48. 48. 8) Post-Proc: Election Offense Grounds: Violation of Election Code, Commission of Prohibited Acts Investigation: Law Department or Prosecutors Venue: Regional Trial Court Effect: Disqualification, Fine/ Imprisonment