ELECTION LAW
Chapter 1:GENERAL PRINCIPLES
A. Preliminary Considerations
What is Election Law?
Generally, it is the embodiment of the popular will, the expression of the sovereign power of the
people. In common parlance, an election is the act of casting and receiving the ballots, counting
them, and making the return.
The means by which the people choose their official for a definite and fixed period and to whom
they entrust for the time being the exercise of the powers of government.
Purpose of Election Law
PRIMARY PURPOSE of Election Law is to prevent or at least minimize election frauds.
To enable the electorate to choose the men and women who would run their government,
whether national, provincial, city, municipal, or barangay.
Kinds of Election Law
1. Regular Election
Refers to an election participated in by those who possess the right of suffrage and not
disqualified by law and who are registered voters.
2. Special Election
When there is a failure of election on the scheduled date of regular election in a particular place
or which is conduct to fill up certain vacancies, as provided by law.
3. Manual Election
manual/ mechanical casting/ voting, counting and canvassing stages which involves the
following:
a. Use of paper write in ballots during casting stage.
b. The direct reading and manual tallying of voters in multiple copies of elections returns.
c. The direct reading of election returns and writing of results in multiple copies of Statement of
Votes
d. The manual addition of results in SOVs and the Certificates of Canvass.
4. Automated Election System (AES)
A system using appropriate technology which has been demonstrated in the voting, counting,
consolidating, canvassing, and transmission of election result, and other electoral process.
Election How Construed
Election law 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. For the
application of election law involves public interest and imposes upon the Commission on
Elections and the courts the imperative duty to ascertain by all means within their command who
is the real candidate elected by the people.
B. Theory of Sovereignty
Art.11, Section 1, 1987 Constitution
The Philippines is a democratic and republican state. Sovereignty resides in the people
and all government authority emanates from them.
A democratic and republican government derives all its powers, directly or indirectly, from the
people at large. Its essence is indirect rule. Actual sovereignty is exercised by the people by
means of suffrage.
C. Suffrage
What is Suffrage?
Suffrage is the right and obligation of qualified citizens to vote:
(1) in the election of certain nationaland local officials, and
(2) in the decision of public questionssubmitted to the people.
Theories of Suffrage
1. Natural Right Theory
Suffrage is a natural and inherent right of every person who is not qualified by reason of his own
reprehensible conduct of unfitness.
2. Social Expediency
Suffrage is public office or functionconferred upon the citizen for reasons of social expediency;
conferred upon those who are fit and capable of discharging it.
3. Tribal Theory
It is a necessary attribute of membership in the state.
4. Feudal Theory
It is an adjunct of a particular status, generally tenurial in character, vested privilege usually
accompanying ownership of land.
5. Ethical Theory
It is a necessary and essential means for the development of society.
Nature of Suffrage
It is a political right which enablesevery citizen to participate in the process of government to
assure that it derives it powersfrom the consent of the governed. It operateson 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 grantedonly upon the fulfillment of certain minimumconditions.
Scope of Suffrage
Suffrage encompasses the following:
(1)Election
Election is the means by which the peoplechoose their officials for definite periods and towhom
they entrust, for the time being as theirrepresentatives, the exercise of powers of government. It
involves the choice of candidates to public office by popular vote.
a. Regular election
refers to an election participated in by those who possess the right of suffrage
and not disqualified by law and who are registered voters
b. Special election
when there is failure of election on the scheduled date of regular election ina
particular place or which is conducted to fillup certain vacancies, as provided by
law (ex. To fill in vacancy in office before the expiration of the term for which
incumbent was elected)
(2)Plebiscite
Plebiscite is the submission of constitutionalamendments or important legislative measuresto the
people for ratification
(3)Referendum
Referendum is the power of the electorateto approve or reject legislation through anelection
called for the purpose. (Sec. 2c, R.A.6735) It may be of 2 classes, namely:
(a)Referendum on statutes, which refersto a petition to approve or reject an actor law, or part
thereof, passed byCongress; and
(b)Referendum on local law which refersto a petition to approve or reject a law,resolution or
ordinance enacted byregional assemblies and local legislativebodies
(4)Initiative
Initiative is the power of the people topropose amendments to the Constitution orto propose and
enact legislation through anelection called for the purpose. (Sec. 2a,R.A. 6735). There are 3
systems of initiative, namely:
(a)Initiative on the Constitutionwhich refers to a petitionproposing amendments to
theConstitution;
(b) Initiative on statutes, which refers to a petition proposing to enact a national legislation;
(c)Initiative on local legislationwhich refers to a petitionproposing to enact a
regional,provincial, city, municipal orbarangay law, resolution orordinance
(5) Recall
Recall is the termination of officialrelationship of a local elective official forloss of confidence prior
to the expiration of his term through the will of the electorate.
Object of Suffrage
Continuity of government and the preservation and perpetuation of its benefits.
Two Fold
1. To enable the people to choose their representatives to discharge sovereign functions,
2. To determine their will upon such submitted to them.
Who can Exercise?
Under Art. V, Sec. 1 of the 1987 Constitution, the right of suffrage may be exercised by all citizens of the
Philippines who are:
1. Not otherwise disqualified by law,
2. At least 18 years of age, and
3. 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.
What are the Substantive Requirements for exercise of Suffrage?
1. Citizenhip
Filipino, this may be by birth or naturalization
2. Age
Must be at least 18 at the time of the election
3. Residence
For purposes of election law, residence is synonymous with domicile.
4.Absence of Literacy Requirement
Constitution imposes no literacy requirements; hence illiterates have the right to vote.
a. Property requirement
Neither the constitution impose any property requirement since property ownership is not a test of
individual capacity.
b. Formal education
Is no guarantee for good citizenship or intelligent voting.
c. Sex.
No adequate or justifiable basis for depriving women of equal voting rights.
d. Taxpaying Ability
DIsqualifications
1. Persons sentenced by final judgment to suffer imprisonment for not less than 1 year
2. Persons adjudged by final judgment of having committed any crime involving disloyalty to the duly
constituted government.
3. Insane or incompetent persons as declared by competent authority.
SANTIAGO VS COMELEC
FACTS:
Private respondent Delfin filed a petition to amend the Constitution to extend the term
limits of all government officials by peoples initiative before the COMELEC. Petitioner filed a special civil
action of prohibition under Rule 65 in the SC to contradict Delfin assailing that Comelec has no
jurisdiction to try the case and that such RA 6735 an act on initiative and referendum does not have an
enabling law to implement such amendment.
ISSUE:
WON the law intended to provide mechanism for peoples initiative is sufficient to amend
the Constitution?
HELD;:
The SC ruled in the negative. The law intended to provide mechanism for peoples
initiative is not sufficient. There is no sufficient enabling law to amend the Constitution by means of
peoples initiative. RA 6735 is sufficient only for statutory amendments and not on constitutional
amendments.
ROMUALDEZ VS. COMELEC
FACTS:
Petitioner filed a Certificate of Candidacy running as representative in the First District of
Leyte but private respondent CiriloMontejo challenged the candidacy before the COMELEC by filing a
petition for a cancellation and disqualification by Romualdez-Marcos alleging that said petitioner did not
meet the constitutional requirement for residency. Private respondent contended that petitioner lacked the
Constitutional requirement of 1 year residency for Representatives .The COMELEC ruled in favor of
Montejo and disqualified the petitioner and then reversed its decision to suspension because petitioner
won the number of votes in the election.
ISSUE:
WON petitioner lacked the constitutional requirement of residency in the First District of
Leyte?
HELD:
The SC ruled no. Petitioner possessed necessary residence qualifications. Residence is
synonymous with domicile for purposes of election law. It is the fact of residence and not a statement in
the certificate of candidacy which ought to be decisive in determining WON an individual; has satisfied the
Constitutions residency qualification requirement. To successfully effect change of domicile , a person
must demonstrate ;
a. an actual removal or an actual change of domicile
b.a bona fide intention of abandoning the former place of residence and establishing a new one
c.acts which correspond with the purpose.
Domicile includes the twin elements of:
- the fact of residing - or physical presence in a fixed place.
AQUINO VS COMELEC
FACTS:
Petitioner filed COC to the New 2nd legislative ditsrict of Makati as Congressman with a
residence qualification of 10 months. Mateo Bedon, then chairman of LAKAS party in Brgy.
CEMBO, Makati filed a petition before the COMELEC to disqualify thes aid petitioner on the
ground that he lacked residence qualification of 1 year. After a day, petitioner filed another COC
amending the first one with a residency in the constituency of 1 year and 13 days together with an
affidavit of contract of lease as evidence . The COMELEC by way of a Resolution dismiss the
petition for disqualification and declared Aquino eligible to run. Motion for reconsideration was
filed by Bedon before the COMELEC en banc. Petitioner won the election, then ,Bedon and Move
Makati filed an Ad Cautelum to suspend the proclamation of Aquino. COMELEC en banc
suspendedt he proclamation of Aquino. Petitioner filed motion to lift order of suspension because
COMELEC according to the petitioner has no more jurisdiction in the said case and thatt he
HRET has the proper jurisdiction. COMELEC en banc issued an answer to the motion for
reconsideration filed by Bedon disqualifying the Aquino as Congressman because he did not
possess the necessary constitutional residency qualification and made permanent his suspension
and that the votes of remaining candidates be counted. Petitioner assailed the decision of
COMELEC en banc by way of certiorari in the SC.
ISSUE
: WON petitioner has necessary residency qualification in relation to property requirement?
HELD
: The SC ruled in the negative. Petitioner lacks necessary residency qualification of 1 year.
Residence is synonymous with domicile. Petitioner is domiciled in Concepcion Tarlac. His
affidavit of lease of contract as evidence cannot constitute as he is domiciled in Makati. Therefore
, petitioner is ineligible candidate and therefore disqualified. The place where a party actually or
constructively has his permanent home , where he no matter where he may be found at any given
time, eventually intends to return and remain , i.e, his domicile , is that to which the Constitution
refers when it speaks of residence for the purpose of election law. The purpose of the law is to
exclude strangers or newcomers unfamiliar with the needs of the community from taking
advantage of favorable circumstances existing in that community for electoral gain.
SC
RULING: The instant petition was DISMISSED.
