election law - angel's notes (midterm only)

7/30/2019 Election Law - Angel's Notes (Midterm Only)

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2 a n g e l s n o t e

election law discussion and case

Social Contract Theory if someone has got to governed, he can only do so upon consent

(John Locke)

The way government gets the consent is through ELECTIONS.

Even then, Locke believed that the people should be governed by a parliament elected by

citizens who owned property.

Q: what is the rationale behind Lockes belief?

A: you have some property rights to protect

Thomas Jefferson If you want to protect government (democracy preservation or guard

liberties), the people were the only competent guardians of their own liberties, and should

thus control the government. (Thus they should be allowed to vote, even the ordinary votes)

Q: what is the nature of right to vote? Is it given for your own sake?

A:

Case: Punos dissenting opinion: Macalintal vs. COMELEC

The people, in clothing a citizen with the elective franchise for the purpose of securing a

consistent and perpetual administration of the government they ordain, charge him with the

performance of a duty in the nature of a public trust, and in that respect constitute him a

representative of the whole people. This duty requires that the privilege thus bestowed should

be exercised, not exclusively for the benefit of the citizen or class of citizens professing it, but

in good faith and with an intelligent zeal for the general benefit and welfare of the State.

As a privilege delegated by the people, a citizen acquires no indefeasible right to the

continuous exercise or enjoyment of the right of suffrage. The people of the State, in the

exercise of their sovereign power, may disqualify, suspend or entirely withdraw it from any

citizen or class of them, providing always that representation of the people, the essentia

characteristics of a republican government, be not disregarded or abandoned.

Note: Because it is a right that carries a duty, it can be subjected to restrictions to carry out

such duty

RESTRICTIONS ON YOUR RIGHT TO VOTE [section 25, ICCPR)

1. Age an act of choice and involves prescience (equate age with maturity); 18 years old


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2. Citizenship suffrage is a political right appertaining to citizenship; an individual is aparticle ofpopular sovereignty , hence such right cannot be extended to non-citizens

ALLEGIANCE TO THE COUNTRY IS UNDIVIDED

3. Residence for more meaningful expression of sovereignty; voter must possess morethan a passing acquaintance with the problems and prospects of the country (double

residence requirement)have resided in the Philippines for at least one year and in the

place wherein they propose to vote, for at least six months immediately preceding the

election.

Does section 5 (d) of Rep. Act No. 9189 violate section 1, Article V of the 1987 Constitution?

In its ordinary conception, residence connotes the actual relationship of an individual to a

specific place. To be a resident, physical presence of a person in a given area, community o

country is required

Domicile in turn has been defined as an individual's permanent homeor the place to whichwhenever absent for business or for pleasure, one intends to return, and depends on facts and

circumstances in the sense that they disclose intent

Elements:

(1) the fact of residing or physical presence in a fixed place; and

(2) animus manendi, or the intention of returning there permanently.

First residence requirement refers to a persons domicile.

The second residence requirement refers to either a persons temporary residence or domicile

The second residence requirement is relevant for two purposes: (1) the determination of

the place where the voter will register, and (2) the determination of the place where the vote

will vote. It ought to be noted that as a general rule, a person should register and vote in the

place where he has established his domicile or the place where he has resided for six months.

(2) Whether an immigrant or a permanent resident of a foreign country has lost

his domicile in the Philippines.

3 Classes of Domicile:

Domicile of origin is acquired by every person at birth and continues until replaced by theacquisition of another domicile.

Domicile of choice is a domicile chosen by a person to replace his or her former domicile

While intention is a principal feature of domicile of choice, a mere intention without the fact

of actual presence in the locality cannot bring about the acquisition of a new domicile


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Domicile of choice generally consists of a bodily presence in a particular locality and a

concurrent intent to remain there permanently or at least indefinitely.

Domicile by operation of law is a domicile that the law attributes to a person independent of

a persons residence or intention. It applies to infants, incompetents, and other persons unde

disabilities that prevent them from acquiring a domicile of choice.

Q: what can you say about this provision: No literacy, property, or other substantive

requirement shall be imposed on the exercise of suffrage?A: It conforms to the idea of Thomas Jefferson that the people were the only competent

guardians of their own liberty, thus everyone shall be allowed to vote (refer also to the

arguments of Plato, Aristotle, etc..)

Q: what happens to those who are abroad who cannot comply with the residency

requirement?A: they can still vote. Section 5 RA 9189: You submit an affidavit

4. An immigrant or a permanent resident who is recognized as such in the host countryunless he/she executes, upon registration, an affidavit prepared for the purpose by the

Commission declaring that he/she shall resume actual physical permanent residence in

the Philippines not later than three (3) years from approval of his/her registration

under this Act. Such affidavit shall also state that he/she has not applied for citizenship

in another country. Failure to return shall be the cause for the removal of the name of

the immigrant or permanent resident from the National Registry of Absentee Voters and

his/her permanent disqualification to vote in absentia.

Q: ISSUES RAISED: absentee voting cannot comply with the residency requirement, does thi

therefore be considered in violation of the constitution?

A: NO. SC ruled that in resolving the residency issue of absentee voters, the constitutiona

provision applicable is Article V Section 2.

Q: ISSUE RAISED: Section 5 RA 9189 provides declaring that he/she shall resume actua

physical permanent residence in the Philippines not later than three (3) years from approva

of his/her registration under this Act, WHAT HAPPENS IF YOU DONT GO BACK?

A: SC The law says you are barred perpetually from registering as an absentee voting. But the

vote which you cast is valid. You cannot recall and invalidate because at the time you casted

your vote, you were a valid voter.


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Case: Macalintal vs. COMELEC

- Read notebookSection 25 ICCPR (NATURE OF RIGHT)

Every citizen shall have the right and the opportunity, without any of the distinctions

mentioned in article 2 and without unreasonable restrictions:

(a) To take part in the conduct of public affairs, directly or through freely chosen

representatives;

(b) To vote and to be elected at genuine periodic elections which shall be by universal and

equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the wil

of the electors;

(c) To have access, on general terms of equality, to public service in his country.

NATURE OF PHILIPPINE ELECTORAL SYSTEM

Article 9 Section 6 (constitution). A free and open party system shall be allowed to evolve

according to the free choice of the people, subject to the provisions of this Article.

- It is NOT provided in the constitution that you have multi- party.. you can have a biparty system

DEFINTION OF TERMS

1. Plebiscite electoral process by which an initiative on the constitution is approved orejected of changes by the people (CONCERNS THE CONSTITUTION)2. Referendum approve or reject an act or law passed by congress3. Initiative power of the people to propose amendments to the constitution or to

propose an enact legislations (people directly proposing)

Q: what is indirect initiative?

A: done through a proposition sent to congress or the local legislative body for action

(Proposal is passed through congress which makes the needed legislation)

Recall

- Importance of right to vote: part of democracy equality among person, it is throughelection that you are given that consent to be allowed to govern

- You cannot impose substantive requirement because you just have to allow ordinarypeople to exercise such right for them to protect their liberty

- It is for a higher intention, to preserve the government and guard your liberty


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defense is that X is just a fictitious person. If X fails to appear on the date o

hearing then there is a presumption that he is fictitious. You can actually appea

tho.

Q: If court says you are not a resident of this place, can that fact be used for disqualifying you

as being a candidate?

A: Case: Domino vs. COMELEC.

No. It is not res judicata. It settles only the singular issue of your right to vote (decided at the

MTC level). The rest of the matter is resolved by COMELEC.

Q: what if you failed to file exclusion proceeding on the period set by comelec, what can you

do?

A:

3. Annulment of book of voters you file this with COMELEC: goes to the admin functionin preparing the voters list (long shot remedy)

Note: The best way is to go with the exclusion proceeding because it is with the court.

Q: can you be disallowed to register?

A: GR: No. However, COMELEC can adopt measures to achieve orderly registration of voters

(ex. Giving priority numbers for a certain day)

Q: what can you do if you are disallowed to register?

A:

1. File an inclusion proceeding in MTC.2. COMELEC Resolution 8514

Section 19.Voter Excluded Through Inadvertence/or Registered with an Erroneous or

Misspelled Name. Any registered voter whose name has not been included in the precinct

certified list of voters, or whose registration record has not been included in the precinct book

of voters, or whose name has been omitted in the list of voters, or who has been included

therein with a wrong or misspelled name may file with the ERB an application for

reinstatement or correction of name as the case maybe. For this purpose, he shall personallyaccomplish in three (3) copies the prescribed application form Annex E. It is important that

the EO shall check the box corresponding to the appropriate type of application.

If the applicant is a registered voter who has not previously submitted himself for the

capturing of his biometrics data, the applicant shall accomplish both sides of the application

form and shall be obliged to undergo the process of capturing his biometrics data. The DCM


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Q: If client comes to you asking if he can do house to house campaign before the campaign

period, what will be your advice?

A: before filing a COC, you can tell your client that he can go for the house to house campaign

Thus you advise him to file COC at the last minute of the deadline of filing of COC.

Q: what is wrong with the law?

A: unequal playing field for those who cannot afford to do a campaign in a wide span of time

the law actually does not serve its purpose to deter advance campaigns for equality purposes.

Case: Penera vs. COMELEC September 11, 2009

- After she filed COC thats when she did the motorcade. She distributed candies and hadcolorful balloons.

- your advise should have been: you did the motorcade before filing the COCs.- Penera won the election however the ruling of the court was not in her favor. She was

disqualified

Case: Penera vs. COMELEC November 25, 2009 (motion for reconsideration)

- The court reversed the decision- There was no denial of the facts- The argument of the council of Penera was that you are not yet a candidate since you

only become a candidate upon the start of the campaign period

- The law provides that unlawful acts or omissions applicable to a candidate shall takeeffect only upon the start of the aforesaid campaign period. (there is no offense

committed before the campaign period)

- Q: what is the counter argument of andanar? Penera is already a candidate. To construethe term only: you can only file a case after the campaign period. But the acts

performed even before the campaign period will still be taken into account as a

premature campaigning. (applicable pertains to the filing of the case)

In laymans language, this means that 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 canno

be committed before the start of the campaign period. In ruling that Penera is liable fo

premature campaigning for partisan political acts before the start of the campaigning

the assailed Decision ignores the clear and express provision of the law.

In favor of Penera:


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SECTION 39. Qualifications.

(a) An elective local official must be a citizen of the Philippines; a registered voter in the

barangay, municipality, city, or province or, in the case of a member of the sangguniang

panlalawigan, sangguniang panlungsod, or sangguniang bayan, the district where he intends to

be elected; a resident therein for at least one (1) year immediately preceding the day of the

election; and able to read and write Filipino or any local language or dialect.

In interpreting this requirement, our ruling in Papandayan, Jr. v. Commission on

Elections[21] is instructive, thus:

The term residence, as used in the election law, imports not only an intention to

reside in a fixed place but also personal presence in that place, coupled with conduct

indicative of such intention. Domicile denotes a fixed permanent residence to which when

absent for business or pleasure, or for like reasons, one intends to return.

More recently in Coquilla v. Commission on Elections, we further clarified the meaning

of the term, and held as follows:

The term residence is to be understood not in its common acceptation as referring to

dwelling or habitation, but rather to domicile or legal residence, that is, 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 (animus

manendi). A domicile of origin is acquired by every person at birth. It is usually the place

where the childs parents reside and continues (sic) until the same is abandoned by acquisition

of new domicile (domicile of choice).

In Caasi v. Court of Appeals, we held that a Filipino citizens immigration to a foreign

country constitutes an abandonment of his domicile and residence in the Philippines. In othe

words, the acquisition of a permanent residency status in a foreign country constitutes a

renunciation of the status as a resident of the Philippines. On the other hand, the Cour

explained in another case that a new domicile is reacquired if the following conditions concur:

(1) *R+residence or bodily presence in the new locality; (2) an intention to remainthere; and (3) an intention to abandon the old domicile. There must be animus manend

coupled with animus non revertendi. The purpose to remain in or at the domicile of choice

must be for an indefinite period of time; the change of residence must be voluntary; and the

residence at the place chosen for the new domicile must be actual.

Qualification:


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There is an issue on the efficiency because you have to campaign if you filed your COC. There

is also an issue on integrity use government resources in your campaign

The use of government resource and inefficiency will still be there --- NACHURAS OPINION

PUNOS SIDE WITH REGARDS TO CORRECTING THE EVILS

Sad to state, this conclusion conveniently ignores the long-standing rule that to remedy

an injustice, the Legislature need not address every manifestation of the evil at once; it may

proceed "one step at a time."39

In addressing a societal concern, it must invariably draw lines

and make choices, thereby creating some inequity as to those included or

excluded.40

Nevertheless, as long as "the bounds of reasonable choice" are not exceeded,

the courts must defer to the legislative judgment.41

We may not strike down a law merely

because the legislative aim would have been more fully achieved by expanding the

class.42

Stated differently, the fact that a legislative classification, by itself, is underinclusive

will not render it unconstitutionally arbitrary or invidious.43

There is no constitutiona

requirement that regulation must reach each and every class to which it might be

applied;44

that the Legislature must be held rigidly to the choice of regulating all or none.

Note: As it is now, elective are no longer deemed resigned but appointive are deemed

resigned.

Q: Why is this so?

A: Elective officials have contract with the people of how long they are to say

Q: why is the prohibition of not engaging in partisan political activity only applicable to

appointive and not elective?

A: elective engage in such activity all year round

Q: Who may file for COC

A:

If national post look at the constitution

If local post look at local government code

RESIDENCE

The term residence, as used in the election law, imports not only an intention to reside in

a fixed place but also personal presence in that place, coupled with conduct indicative of

such intention. Domicile denotes a fixed permanent residence to which when absent fo

business or pleasure, or for like reasons, one intends to return.
http://www.lawphil.net/judjuris/juri2010/feb2010/gr_189698_2010.html#fnt39http://www.lawphil.net/judjuris/juri2010/feb2010/gr_189698_2010.html#fnt39http://www.lawphil.net/judjuris/juri2010/feb2010/gr_189698_2010.html#fnt40http://www.lawphil.net/judjuris/juri2010/feb2010/gr_189698_2010.html#fnt40http://www.lawphil.net/judjuris/juri2010/feb2010/gr_189698_2010.html#fnt40http://www.lawphil.net/judjuris/juri2010/feb2010/gr_189698_2010.html#fnt41http://www.lawphil.net/judjuris/juri2010/feb2010/gr_189698_2010.html#fnt41http://www.lawphil.net/judjuris/juri2010/feb2010/gr_189698_2010.html#fnt41http://www.lawphil.net/judjuris/juri2010/feb2010/gr_189698_2010.html#fnt42http://www.lawphil.net/judjuris/juri2010/feb2010/gr_189698_2010.html#fnt42http://www.lawphil.net/judjuris/juri2010/feb2010/gr_189698_2010.html#fnt42http://www.lawphil.net/judjuris/juri2010/feb2010/gr_189698_2010.html#fnt43http://www.lawphil.net/judjuris/juri2010/feb2010/gr_189698_2010.html#fnt43http://www.lawphil.net/judjuris/juri2010/feb2010/gr_189698_2010.html#fnt43http://www.lawphil.net/judjuris/juri2010/feb2010/gr_189698_2010.html#fnt44http://www.lawphil.net/judjuris/juri2010/feb2010/gr_189698_2010.html#fnt44http://www.lawphil.net/judjuris/juri2010/feb2010/gr_189698_2010.html#fnt44http://www.lawphil.net/judjuris/juri2010/feb2010/gr_189698_2010.html#fnt44http://www.lawphil.net/judjuris/juri2010/feb2010/gr_189698_2010.html#fnt43http://www.lawphil.net/judjuris/juri2010/feb2010/gr_189698_2010.html#fnt42http://www.lawphil.net/judjuris/juri2010/feb2010/gr_189698_2010.html#fnt41http://www.lawphil.net/judjuris/juri2010/feb2010/gr_189698_2010.html#fnt40http://www.lawphil.net/judjuris/juri2010/feb2010/gr_189698_2010.html#fnt39


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Residence in political law is the same with domicile

Q: elements to establish domicile?

A: The term residence is to be understood not in its common acceptation as referring to

dwelling or habitation, but rather to domicile or legal residence, that is, 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 (animus

manendi). A domicile of origin is acquired by every person at birth. It is usually the place

where the childs parents reside and continues (sic) until the same is abandoned by acquisition

of new domicile (domicile of choice).

Intention to remain and intention to abandon the old domicile

Q: what proof can you show of abandoning his old domicile?

A: prove that you are a residence of the new locality. If you are an immigrant, you surrende

your green card. How do you prove that he lost, when a person applies for green card.

Case: Tess DumpitMichelena vs. Boada

- New Domicile is reacquiredo Residence in the new localityo Intention to remain thereo Intention to abandon old domicile

- Property ownership is not indicia of the right to vote or to be voted for office. Intent toremain must be for indefinite period

Q: what pieces of evidence did she present?

A: deed of sale of a beach house. SPA

In addition, the designation of caretaker with monthly compensation of P2,500[24]

only shows

that Dumpit-Michelena does not regularly reside in the place.

Q: does this evidences comply with the necessity of the domicile?A:NO

Q: if you were council for dumpit, what will be your proof?

A: not a beach house but an actual resident for a beach house is only for temporary relaxation

Dont show that you hired a caretaker, because it will imply that you are not staying there.
http://sc.judiciary.gov.ph/jurisprudence/2005/nov2005/163619_20.htm#_ftn24http://sc.judiciary.gov.ph/jurisprudence/2005/nov2005/163619_20.htm#_ftn24http://sc.judiciary.gov.ph/jurisprudence/2005/nov2005/163619_20.htm#_ftn24


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Q: what do we want to establish when we speak of residence?

A: act of residence, intention to remain in that locality and intention to abandon the previous

domicile

Q: what if you have established that this person does not have the qualification, how do you

attack a persons candidacy?

A: You file a petition to deny due course or cancel certificate of candidacy

I. Based on COC (Case: Salcedo vs. COMELEC)- There is material misrepresentation of facts- Q: what is material misrepresentation- it is essential that the false representation mentioned therein pertain to a

material matter for the sanction imposed by this provision would affect the

substantive rights of a candidate

1. Test of materiality Therefore, it may be concluded that the materia

misrepresentation contemplated by section 78 of the Code refer to qualifications

for elective office

2. Intent to defraud Aside from the requirement of materiality, a false

representation under section 78 must consist of a "deliberate attempt to mislead

misinform, or hide a fact which would otherwise render a candidate ineligible."25

Q: when do you file this?

A: not later than 25 days from the time of the filing of the certificate of candidacy by the

candidate but within the 5 days from the end of the filing of COCs (FILED WITH THE

COMMISSION)

Q: What if After the 25th

day you did not file anything, do you have another remedy?

A: COMELEC Resolution No. 8696

B. PETITION TO DISOUALIFY A CANDIDATE PURSUANT TO SECTION 68 (possessing grounds

for qualification or lack of qualifications) OF THE OMNIBUS ELECTION CODE AND PETITION

TO DISOUALIFY FOR LACK OF OUALIFICATIONS OR POSSESSING SOME GROUNDS FORDISQUALIFICATION

1. A verified petition to disqualify a candidate pursuant to Section 68 of the OEC and the verifiedpetition to disqualify a candidate for lack of qualifications or possessing some grounds for

disqualification may be filed on any day after the last day for filing of certificates of

candidacy but not later than the date of proclamation;


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2. The petition to disqualify a candidate pursuant to Section 68 of the OEC shall be filed in ten(10) legible copies, personally or through a duly authorized representative, by any citizen of

voting age, or duly registered political party, organization or coalition of political parties

against any candidate who, in an action or protest in which he is a party, is declared by fina

decision of a competent court, guilty of, or found by the Commission of, having:

2.1. Given money or other material consideration to influence, induce or corrupt voters o

public officials performing electoral functions;

2.2. Committed acts of terrorism to enhance his candidacy; or

2.3. Spent in his election campaign an amount in excess of that allowed by law; or

2.4. Solicited, received or made any contribution prohibited under Sections 89, 95, 96, 97 and

104 of the OEC; or

2.5. Violated any of Sections 80, 83, 85, 86 and 261 paragraphs d, e, k and v and cc sub

paragraph 6 of the OEC, shall be disqualified from continuing as a candidate, or if he has been

elected, from holding the office.

Note: in the past, if your basis is the qualification to run it should be filed 25 days after filing o

COC. You have other grounds but not based on qualifications unless you go to court on quo

warrantu.

Note: Misrepresentation is the only ground when you attack a person based on COCs.

Q: what is the effect when you filed in COMELEC a disqualification case?

A: the effect of filing

Section 6> effect of disqualification case any candidate who has been declared by fina

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 and receives the winning number of votes in suc

election, the Court of Commission shall continue with the trial and hearing of the action

inquiry or protest and , 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

Therefore you file a motion for reconsideration.. not yet final.. it will still go to the SC.


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[Judgment becomes final upon 5 days from receiving the decision of COMELEC.]

Q: assuming it attains finality?

A: the votes will be considered stray votes.

You can also attack that the candidate is a nuisance candidate (not based on information in

the COC)

Landmark Case: Pamatong vs. COMELEC

Q: what made him a nuisance candidate?

A: he is not capable of conducting or wage a nationwide campaign. Not supported by a

registered political party.

3 kinds of persons:

1. Said certficate is to put the election process in mockery or disreputeQ: what are the signs of making the election in mockery or disrepute? How do you

know he is not sincere?

A:

2. Cause confusion among voters3. Clearly demonstrate that the candidate has no bona fide intention to run for the office

Pamatongs argument;

1. He can wage an international campaign because he has a network and is involved ininternational organizations

2. There is a violation of equal office right under the constitutionSCs ruling

- There is no constitutional right to run for or hold public office, specifically to seek thepresidency. There is NO RIGHT, Just a mere PRIVILEGE subject to limitation imposed by

law.

- The state has a compelling interest to ensure that its electoral exercises are rationalobjective, and orderly

Q: what is the compelling interest?

A: to ensure and uphold the electoral process

Q: how does the nuisance candidate make the election process a mockery. How does this

prevent the COMELEC from achieving such election process?


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A: SC said that it will cause logistical nightmare. The state takes into account the practica

considerations in conduction elections. Inevitably, the greater number of candidates, the

greater opportunities for logical confusion, not to mention the increased of time and

resources in preparation for the election.

Q: why is there evil in allowing many nuisance candidates?

A: the voters will be confused. Further, the time and effort given in preparing electora

paraphernalia.

The other way is when he committed prohibited acts in election (ELECTION OFFENSES)

--- ppt. presentation

WITHDRAWAL OF COCs

- Done under oathQ: can a candidate change his mind?

A: yes as long as it is within the filing of COC

SUBSTITUTION

- Look at sec 77Q: what if he dies on the night before election, can he be substituted?

A: yes. Substitution can be done anytime

Q: what happens to one who dies, disqualified or withdraws who does not belong to a politica

party?

A: No substitution.

One argument, if you read the requirement of the law (section 77) --- refers only to a

candidate of a political party. No provision of law dealing with independent party.

Because the law does not provide for such, then there is NO substitution (prevailing law as

decided in Barangay Election [wear color =)] the wife wanted to substituted but SC said thatit cannot be done)but this is not controlling because it did not happen in a regular election

MULTIPLE FILING OF COC

- It should be UNDER OATHQ: automatically disqualified if not under oath?


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A:Law says he is not allowed to sit because he did not validly file a COC.

Alternative answer: primacy of the voters will. Because he won, the will of the people shall be

given flesh and that technicality should not kill such will.

CAMPAIGN: RULES AND LIMITATION

limitation to period --- 90 day before election National. 45 days before election Local

Article III(4) of the Constitution has to be taken in conjunction with Article IX (C) (4) ---

special provision applicable during a specific limited period DURING THE ELECTION PERIOD

RA 9006 three limitations:

a. Whenb. kind of election propaganda,c. and the extent

Q: site an example on the limitation on the conduct of campaign?

A: supervise or regulate the enjoyment or utilization of all franchises or permits for the

operation of media of communication or information to guarantee or ensure equa

opportunity for public service, including access to media time and space, and the equitable

right to reply, for public information campaigns and for a among candidates and assure free,

orderly, honest, peaceful and credible elections

Examples are those provided in Section 3 of RA 9006For the purpose of this Act, lawful election propaganda shall include:

3.1. Pamphlets, leaflets, cards, decals, stickers or other written or printed materials the

size of which does not exceed eight and one half inches in width and fourteen inches in

length;

3.2. Handwritten or printed letters urging voters to vote for or against any particular

political party or candidate for public office;

3.3. Cloth, paper or cardboard posters, whether framed or posted, with an area not

exceeding two (2) feet by three (3) feet, except that, at the site and on the occasion of a

public meeting or rally, or in announcing the holding of said meeting or rally, streamers

not exceeding three (3) feet by eight (8) feet in size, shall be allowed:Provided, That said

streamers may be displayed five (5) days before the date of the meeting or rally and

shall be removed within twenty-four (24) hours after said meeting or rally;


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3rd

aspect of the project CONTINUITY PLAN

TYPES OF SYSTEM BREAKDOWNo Fails to scano Able to scan but fails to printo Able to print but fails to transmito Able to transmit but fails to consolidate

Q: what if all the pcos machine does not work

A: spare pcos, go to other precincts (configure machines) resort to manual counting

Q: able to scan but fails to print?

A: spare PCOS, Go to other precint, resort to manual counting

Q: Able to print but fails to transmit?

A: go to the nearest functioning pcos machinery. If everything bugs down, you physically

transport

Q: Able to transmit but fails to consolidate?

A: go to other municipality with functioning consolidation system. Or use back up unit by the

central server

FAILURE OF ELECTION

-

Not possible coz you can do manual counting

BASIC ELEMETNS OF ELECTIONS

- See powerpoint- Problem is caused by people

SUCCESFUL IMPLEMENTATION

- Have a vigilant citizenryi. Cooperation

ii.

Coordinationiii. Support

RA 9369


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election law - angel's notes (midterm only)

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