The document outlines the election law and process in the Philippines. It discusses the Commission on Elections, which enforces election laws. It also covers voters and voter registration qualifications and procedures. Additionally, it outlines elective officials and candidates, including qualifications and disqualifications. The document also summarizes rules around campaigning and elections, including postponement or failure of elections. Finally, it provides details on election day procedures for casting and counting votes.

1. Election Law Notes

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. 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. 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. 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. 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. 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. 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. 2) Voters: Opposition
 Where Oppose? Election Registration Board
 How Oppose? File Written Opposition
 Why Oppose? Not Qualified, Fictitious

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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 3) Officials: Disqualifications
 Lack of Qualifications
 Where File: Comelec Division
 When File: Before Proclamation
 If Not File: Quo Warranto

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. 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. 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. 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. 4) Campaign: Allowable Forms
 Forming Organizations
 Holding Rallies
 Making Speeches
 Distributing Campaign Materials
 Soliciting Votes
 Publishing Advertisements

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. 4) Campaign: Written Forms
 Printed Materials (8.5”Wx14”L)
 Letters
 Posters (2’x3’), Poster Areas (12’x16’)
 Rally Streamers (3’x8’)

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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 7) Canvassing: Pre-Proc
 ER/ CoC Delayed or Destroyed
 Delayed (retrieval)
 Lost or Destroyed (use other copies; with Comelec
authority

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. 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. 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. 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. 8) Post-Proc: Quo Warranto
 Grounds: Disloyalty to Republic; Ineligibility
 Venue: Same as Election Protest
 If prosper: Respondent ousted; special elections or
succession

47. 8) Post-Proc: Annulment
 Grounds: Proclamation based on irregular and illegal
canvass
 Venue: Comelec division
 Effect: Proclamation annulled

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