CHAPTER ONE: INTRODUCTORY

The basic law on elections Omnibus Election Code of the Philippines (BP 881).a. Enacted December 3, 1985.b. Subsequent laws:i. RA 6646; The Electoral Reform Law of 1987 which provided for the first local elections under the new Constitution and all subsequent elections and plebiscites shall be governed by this Act and BP 881, and other related lawsii. RA 7166; providing for Synchronized National and Local Elections on May 11, 1992iii. RA 8436; authorizing the Commission on Elections to use Automated Election Systemiv. RA 7941; Party-List System Actv. RA 8189; Voters Registration Act of 1996vi. RA 9006; Fair Election Actvii. RA 9189; Overseas Absentee Voting Act of 2003

Elections, generally the embodiment of the popular will, the expression of the sovereign power of the people. Any election refers to all elections in the country, which includes those provided in the laws, the Constitution, and those required pursuant to law. It involves the following:a. Choice or selection of candidates to public office by popular voteb. Conduct of polls, listing of votes, holding of electoral campaignc. Act of casting and receiving ballots from the voters, counting such, return of elections, proclamation of winning candidatesKinds:a. Regular national or local; refers to an election participated in by those who possess the right of suffrage, not disqualified by law, registered voters.b. Special in case of a failure of election on the scheduled date of regular election in a particular place, or is conducted to fill up certain vacancies, as provided by law.Note: Sangguniang Kabataan not regular because some are not qualified voters

Purpose of election: prevent or minimize election frauds to enable the electorate to choose, to give voters direct participation in the affairs of the government, where all of the legal voters shall be permitted, unhampered and unmolested to cast their ballots.a. The purity of elections is one of the most important and fundamental requisites of the governmentb. To give effect to the will of the electoratec. Aims fair and honesty, and to protect the integrity of the elections by voting confidentially with the use of a ballot.

CHAPTER TWO: THE COMMISSION ON ELECTIONS

Commission on Elections as independent body its powers include:a. Governs and regulated the exercise of the right to vote (suffrage)b. Enforcement of the election lawc. Inquiry into and resolution of disputes or controversies dealing with electionsd. Rotational plan for appointment; to ensure continuity in the expertise and work of the Commission:i. That first Commissioners shall start on a common dateii. That any vacancy due to death, resignation or disability before the expiration of the term should only be filled for the unexpired tenure.

Measures designed to make the Commission independent through the Independent Commission on Elections (Constitution), except as otherwise provided in the Constitution, these measures are:a. Un-decreased salaries during their continuance in officeb. During their tenure, shall not engage in practice of any profession or in the management of any business, or be financially interested directly or indirectly in any contract with, or in any franchise or privilege granted by, the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporationsc. Removed only by impeachment for and conviction of:i. Culpable violation of the Constitutionii. Treasoniii. Briberyiv. High Crimesv. Graft and corruption

Powers, generally classified into three:a. Executive enforcement and administrationb. Legislative issuance of rules and regulations to implement the election laws and to the exercise of such legislative functions as may expressly be delegated to it by the Congressc. Judicial resolve controversies that may arise in the enforcement of election laws and to be sole judge of all pre-proclamation disputes and of all contests relating to the elections, returns, and qualifications of all regional, provincial and city officials

J.E.T.|1LAW ON ELECTIONS (AGPALO)

Article IX-C of the Constitution, provides:Agpalo commentary on Article IX-C, provides:

Sec. 1. There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective positions in the immediately preceding elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years.

The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, three Members shall hold office for seven years, two Members for five years, and the last Members for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.Nature:COMELEC is essentially an administrative body.The Commissions general power of administration, enforcement, and supervision of all laws relative to the conduct of elections is limited to the statutes, election laws, the Constitution and administrative orders issued in pursuance thereof.

Sec. 2. The Commission on Elections shall exercise the following powers and functions:

Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall.

Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction. Decisions, final orders, or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final, executory, and not appealable.

Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters.

Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.

Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government; and accredit citizens' arms of the Commission on Elections. Religious denominations and sects shall not be registered. Those which seek to achieve their goals through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or which are supported by any foreign government shall likewise be refused registration. Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to elections, constitute interference in national affairs, and, when accepted, shall be an additional ground for the cancellation of their registration with the Commission, in addition to other penalties that may be prescribed by law.

File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices.

Recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies.

Recommend to the President the removal of any officer or employee it has deputized, or the imposition of any other disciplinary action, for violation or disregard of, or disobedience to, its directive, order, or decision.

Submit to the President and the Congress, a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall.General powers:(Adjucatory or quasi-judicial power)Investigation of facts, or the ascertainment of the existence of facts, holding hearings and drawing conclusions for such as basis for official action and to exercise discretion. It is judicial in nature, but does not involve the exercise of functions of a judge, or is conferred upon an officer other than a judicial officer. (Administrative power)Management, directing, execution, application, decision-making and resolution.The choice of means taken by COMELEC, unless clearly illegal or constitute grave abuse of discretion, should not be interfered with by the Supreme Court (presumption of regularity).Upon proper petition, COMELEC may issue the extraordinary writs of certiorari, prohibition and mandamus in aid of its appellate jurisdiction.The COMELEC cannot ignore the requirements of procedural due process.Limitations only to matters connected with the conduct of elections and controversies connected with such.

Powers in accordance with law decide on questions re: number and location of polling places (not a general grant of discretion). COMELECs duty to verify matters of controversy even if there is no objection made before the Board of Canvassers.

On political parties Powers include:To register political parties (exclusive)To require candidates to specify in their COCs their political party affiliationTo allow political parties to appoint poll watchersTo limit their expendituresTo determine whether their registrations should be cancelled in appropriate proceedingsJurisdiction to resolve issues of political leadership in a political partyTo ascertain the identity of political party and its legitimate officers, and entitlement to registration

Exclusive authority granted by the Supreme Court to investigate and, if warranted, prosecute before the regular courts election offenses whether committed by officers or private persons. The same can only be tried before the regular courts (Sorry, Ombudsman and Sandiganbayan). Power to conduct preliminary investigations and deputation of any prosecutor. The control and disposition of the case rests with the Judge once the information is filed in court.

Sec. 26 of RA 6646 power and authority to issue subpoena and grant immunity from criminal prosecution. Provided, that no person shall be prosecuted criminally for or on account of any matter concerning which he is compelled, after having claimed the privilege against self-incrimination, to testify and produce evidence, documentary or otherwise. The immunity granted shall not exempt the witness from criminal prosecution for perjury or false testimony.

Contempt, punishable only when COMELEC is in its judicial or quasi-judicial function (Why? To punish for contempt is inherently judicial in nature). Applicable to a person charged for contemptuous act as provided for in the Rules of Court and impose the appropriate penalties as therein prescribed. This includes: any violation of any final and executory decisions, order or ruling of the Commission.

To make minor adjustments in reapportionment of districts (limited) not within 120days before election.

To recommend administrative disciplinary sanctions against any officer deputized by it when there is an infraction of law or of its directives, and may even conduct an administrative inquiry for such purpose.

To acts as national board of canvassers for senators Sec. 2 of EO 144 (March 2, 1987). Serving as a ministerial body, which is empowered only to accept as correct returns transmitted to it, which are in due form, and to ascertain and declare the results as it appears. The board may exclude suspicious returns. Questions of illegal voting and fraudulent practices are passed on by another tribunal.

To issue rules and regulations as empowered by Section 6, Art. IX-A of the Constitution, Section 52(c) of BP 881, and Section 30 of RA 6646; effectivity on the seventh day after their publication in the OG or in at least 2 daily newspapers of general circulation in the PhilippinesNote: Orders and directives personal delivery to parties concerned within 48 hours from date of issuance and shall immediately take effect upon receipt, unless a latter date is provided.

Sec. 3. The Commission on Elections may sit en banc or in two divisions, and shall promulgate its rules of procedure in order to expedite disposition of election cases, including pre- proclamation controversies. All such election cases shall be heard and decided in division, provided that motions for reconsideration of decisions shall be decided by the Commission en banc.Procedural matters; General Rule:Quasi-judicial powers shall be first heard by the COMELEC in division. A motion of reconsideration or a decision by the COMELEC in division is required, and the same may be further resolved by COMELEC en banc.Abad v. COMELEC Ratio: In division does have the requisite authority to hear and decide election cases in the first instance. This includes cases such as pre-proclamation controversies, petitions to cancel certificates of candidacy. Decisions arising from first instance by the COMELEC en banc shall be null and void.

Exceptions to the rule:1) However, COMELEC may entertain cases when the required number of votes to reach a decision, resolution, order or ruling is not obtained in the Division. Note: a 2-1 decision rendered by COMELEC in division is valid. The same applies with COMELEC en banc that has 5 members. Cases may only be reheard once, and the same shall be dismissed if the votes are not valid. Votes are valid only at the moment of the date of promulgation.2) Purely administrative. Such as: (a) corrections of errors or (b) correction of manifest errors in the tabulation of results by the board of canvassers, (c) the registration of voters, and (d) questions whether elections have been held or whether certain returns were falsified or manufactured and therefore should be excluded from the canvass do not involve the right to vote.3) Ramirez v. COMELEC Ratio: COMELEC en banc has jurisdiction over a petition for correction of manifest error directly filed with it. In this case, the petitioner was estopped to question the jurisdiction because he participated in the proceedings and sought affirmative reliefs from the COMELEC en banc.4) Sec. 4 of RA 7166 postponement, declaration of failure of election and the calling od special elections as herein provided in Sec. 5-7. Note: COMELEC en banc has the original jurisdiction.5) Power to prosecute election cases, and in the exercise of such, may, through its law department or any prosecutor deputized by it to do so, conduct preliminary investigation, decides whether or not there exists a probable cause ad files the corresponding information in court.

Original Jurisdiction RTC (general): municipal officials, & MTC (limited): barangay officials filed before the election, for quo warranto, and election protest involving barangay election officials.Appellate COMELEC; appeals, and has the authority to issue extraordinary writs of certiorari, prohibition and mandamus in the aid of its appellate jurisdiction. Its jurisdiction is over popular elections; while in other elections are limited by law to supervision of the election.

Sec. 6 of RA 6646 Before election: COMELEC shall continue to hear and resolve the case after the election, except: congressional, senatorial, VP and Pres. candidates. Remedy: a corresponding election protest or quo warranto may be filed within 10 days after proclamation by corresponding electoral tribunals.After election: COMELEC has no jurisdiction over its electoral aspect. Remedy: may refer such to its law department for preliminary investigation. A prima facie case of guilt and if there has been no proclamation yet, the complainant may file a petition for suspension of proclamation with the court before which the criminal case is pending. Note: Disqualification only occurs upon an order of the COMELEC suspending the proclamation.

Petitions for review to Supreme Court on certiorari under Rules 64 and 65 of the Revised Roles of Court within 30 days from receipt of a copy of decisions, order or rulings (final; of the COMELEC en banc). If time is of the essence to secure judicial relief from the Supreme Court, the aggrieved party may elevate the case sitting in COMELEC in division that has committed grave abuse of discretion (Rule 65).Decisions, final orders, or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final, executory, and not appealable. Does not divest the authority of the Supreme Court.

Sec. 4. The Commission may, during the election period, supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication or information, all grants, special privileges, or concessions granted by the Government or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation or its subsidiary. Such supervision or regulation shall aim to ensure equal opportunity, time, and space, and the right to reply, including reasonable, equal rates therefor, for public information campaigns and forums among candidates in connection with the objective of holding free, orderly, honest, peaceful, and credible elections.Commission exercises power of direct and immediate supervision and control over election officials national or local, and employees including members of any national or local law enforcement agency and instrumentality of the Government required by law to perform duties relative to the conduct of elections. Also, over the members of the boards of election inspectors and canvassers.This power includes review, modify (revise and reverse), or set aside any act of such officials (relieve and substitute inspectors and canvassers upon just cause), and the power to initiate (motu proprio) as may be required by law. Commission can fill in/appoint any vacancy in the board of election of inspectors and canvassers.With notice or hearing, the power to annul illegal canvass and illegal proclamation; and to suspend, even while pending its inquiry, the canvass or the proclamation of winning candidates. What happens next? Re-convene or appointment of a new board.To annul illegal registry list of voters (book of voters only), but does not involve determination of the right to vote. May inquire on falsified documents and misrepresentation of identification slips. Required period to annul such is merely directory.

Sec. 5. No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and regulations shall be granted by the President without the favorable recommendation of the Commission.

Sec. 6. 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.

Sec. 7. No votes cast in favor of a political party, organization, or coalition shall be valid, except for those registered under the party-list system as provided in this Constitution.

Sec. 8. Political parties, or organizations or coalitions registered under the party-list system, shall not be represented in the voters' registration boards, boards of election inspectors, boards of canvassers, or other similar bodies. However, they shall be entitled to appoint poll watchers in accordance with law.

Sec. 9. Unless otherwise fixed by the Commission in special cases, the election period shall commence ninety days before the day of election and shall end thirty days thereafter.

Sec. 10. Bona fide candidates for any public office shall be free from any form of harassment and discrimination.

Sec. 11. Funds certified by the Commission as necessary to defray the expenses for holding regular and special elections, plebiscites, initiatives, referenda, and recalls, shall be provided in the regular or special appropriations and, once approved, shall be released automatically upon certification by the Chairman of the Commission.

CHAPTER THREE: ELIGIBILITY OF CANDIDATESA. Qualifications1. Age requirement is mandatory. WHY? It is presumed that wisdom and maturity comes with ageI. President1. Natural-born citizen of the PH2. Registered voter3. Able to read and write4. At least 40 years of age on the day of the election5. Resident of the Philippines for at least 10 years immediately preceding such election

II. Vice President

III. Congress! No Congressman shall serve for more than three consecutive terms. (Senators = two)

a. Batasang Pambansa (provincial, city, district)1. Natural-born citizen of the PH2. At least 25 years of age on the day of the election3. Able to read and write4. Registered voter in the constituency in which he shall be elected5. Resident thereof for a period of not less than 6 months immediately preceding such election

b. Sectoral1. Natural-born citizen of the PH2. Able to read and write3. Resident of the PH for the period of not less than one year immediately preceding the day of the election4. Bona fide member of the sector he seeks to represent5. At least 25 years of age on the day of the election

! In case of a representative of the agricultural or industrial labor sector, shall be a registered voter! Youth should at least be 18-25 years of age. When during his term he attains the age of 25, he shall be entitled to continue in office until the expiration of his term.

IV. Local officials1. Citizen of the PH2. Registered voter in the barangay, municipality, city, or province3. Resident therein for at least 1 year immediately preceding the day of the election4. Able to read and write Filipino or any other local language or dialect! In the case of a member of the sangunniang panlalawigan, sangguniang panlungsod, or sangguniang bayan, the district where he intends to be elected! No local elective official shall serve for more than three consecutive terms

a. Governor, vice-governor, or member of the sangguniang panlalawigan, or mayor, vice-mayor or member of the sangguniang panlungsod of highly urbanized cities1. Must be at least 23 years of age on election dayMay either be natural-born or a naturalized citizen. The citizenship requirement is to be possessed by an elective official at the latest as of the time he is proclaimed and at the start of the term of office to which he has been elected.

I. Citizens of the Philippines:a. Those who are citizens of the PH at the time of the adoption of this Constitutionb. Those whose fathers or mothers are citizens of the PHc. Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon reaching the age of majorityd. Those who are naturalized in accordance with law

Natural-born citizens citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship, and those who elect upon reaching the age of majorityNaturalizationRepatriation the recovery of the original nationality (natural-born) by filing for a petition for repatriation (PD725) where his citizenship retroacts to the date of the filing of the said petitionDirect Act of Congress

RA 9225: Citizenship Retention and Re-Acquisition Act of 20031. Oath of allegiance2. Derivative citizenship to children below 18 years of age

b. Mayor, vice-mayor of independent component cities, component cities, or municipalities1. Must be at least 21 years of age on election day

c. Members of the sangguniang panlungsod or sangguniang bayan1. Must be at least 18 years of age on election day

d. Punong barangay or member of the sangguniang barangay

e. Sangguniang kabataan1. Must be at least 15-21 years of age on election day

Disqualifications:

1. Sentenced by final judgment for an offense involving moral turpitude, or for an offense punishable by 1 year or more of imprisonment, within 2 years after serving sentence

2. Removed from office due to an administrative casea. removal cannot extend beyond the term during which the alleged misconduct is committed

3. Convicted by final judgment for violating the oath of allegiancea. WHY: Oath is an operative act

4. Dual citizenship* the status of a person who is a citizen of two or more countries at the same timeWhat is disqualified here is DUAL ALLEGIANCE because it is a voluntary and operative act of swearing oneself and his or her loyalty to two countries.! Legal basis: Sec. 40 of RA 7160: disqualifies dual citizenship in the context of dual allegiance.

DUAL CITIZENSHIP is involuntary and a mere status; following the rule of jus soli or sanguinis.When does dual citizenship arise? Foreign parental citizens which countries follow the principle of jus soli Alien fathers countrys law where such children are citizens of that country Those who marry aliens whose laws shall consider the former citizens of its own

5. Fugitives from justice in criminal or nonpolitical cases here or abroadFugitives from justice are those who FLEE AFTER CONVICTION to avoid punishment or an intent to avoid such. (Different from FLIGHT)

Flight is the evasion of the course of justice by VOLUNTARILY WITHDRAWING oneself in order to avoid arrest, detention, or the institution or continuance of criminal proceedings; an indication of guilt

6. Permanent residents in a foreign country, or those who have acquired the right to reside abroad and had continued to avail such after the effectivity of this Codea. in election cases, residency and domicile are treated synonymously. b. actual residence in the area for a given period or who have been domiciled in the same either by origin or by choice Animus manendi intention to remain Physical presence in a fixed placeNote: the fact that a person is registered as a voter in one district is not proof that he is not domiciled in another district.Note: owning a house is not required to establish residencyc. change of residence is by choice (voluntary) actual removal for domicile of origin Residence or bodily presence in the new locality Intention to remain there for an indefinite period of time Intention to abandon the old domicile (animus revertendi)

7. Insanity or feeble-minded

B. Certificate of Candidacy formal manifestation to the whole world of the candidates political creed or lack of.1. COC requirements, including signing and swearing, are mandatory. But after elections, they are regarded as directory to give effect to the will of the electorate. Defects in the fulfillment of the requirements of election law should have been questioned before the election.

2. Filing of a sworn certificate of candidacy within the period fixed is required.May withdraw the same by submitting a written declaration under oathIf he files for more than one office, he shall not be eligible for any of them. Not unless he withdraws the other COCs before expiration of the period.3. Form is construed as directory. When election law does not provide, a departure from requirements due to honest mistake and misinterpretation will be considered a harmless irregularity.Seasonably filed COCs may be amended before the elections, even after the date of its filing.Where a candidates COC was filed upon nomination of a political party for a particular office but he subsequently filed his COC in another office and, after the deadline fixed by law, filed a withdrawal of the formerValid withdrawal. There is substantial compliance with requirements of Sec. 73 of the Code. Why? Filing of an individual COC was in effect a rejection or withdrawal of the COC filed by the political party.

4. Contents of COC (Sec. 74 of this Code):a. Name (by which he has been baptized/registered in LCR, or name allowed under the provisions of existing law, or Hadji name)

b. Statement announcing the persons candidacy for the office stated therein

c. Statement announcing the persons eligibility for the office stated therein

d. If a member of the Batasang Pambansa the province, including its component cities, highly urbanized city or district or sector which he seeks to represent

e. Political party, if any

f. Civil Status

g. Birth date

h. Residence

i. Post-office address for all election purposes

j. Profession or occupation

k. Where he states that:(1) he will support, defend, maintain true faith and allegiance to the Constitution(2) he will obey the laws, legal orders and decrees promulgated by the duly constituted authorities(3) he is not a permanent resident or immigrant to a foreign country(4) the obligation imposed by his oath is assumed voluntarily, without mental reservation or purpose of evasion(5) the facts stated therein are true to the best of his knowledgep. Latest photograph; passport sizeq. CV; in duplicate, bio-data and program of government not exceeding 100 words, if he so desires

Substitution of candidacy (Sec. 77 of this Code):1. Who may be substituted?If after the last day for the filing of certificates of candidacy, an official candidate of a registered or accredited political party dies, withdraws or disqualified for any cause(His COC must have been valid and duly filed)

2. Who can substitute?(1) Only a person belonging to, and certified by, the same political party may file a COC to replace the candidateIf substitute candidate withdrew his previously filed COCas an independent candidate in another position, and that he affiliated with the political party to comply with the requirements for substitution:He is qualified. Why? No law requiring a condition precedent that a substitute must have rendered membership in a political party for a period of time.(2) Duly nominated by the political party(3) One who takes place of another who is no longer a candidate (Note: Additional candidate not a substitute).

3. Circumstance of a withdrawal of certificate, if any.Before the election, A person who has filed a certificate of candidacy may withdraw the same by submitting to the office concerned a under oath or in the form of a sworn declaration that he is withdrawing is COC. Effectivity of written declaration is upon its submission to the office concerned; it is equivalent to filing anew a COC and comes too late if filed beyond the period for filing a COC. When can he withdraw: Anytime before the day of the election (generally) After the last day of the filing of COC, or on the last hour of the last day for filing of COC (substitution may take place) When an invalid withdrawal is actually made and accepted by the election registrar, and where the candidate files his COC and receives the winning number of votes. Why? Will of the electorate. Effect: Waiver of his candidacy Exception: when he withdraws his withdrawal within the period of filing a COC. After the period of filing a COCNo. Why? The withdrawal of the withdrawn COC is considered a new COC filed out of time.)When the disqualified candidate questioned his disqualification before SC, it does not make him still a candidate, nor invalidate the substitution so as to nullify the votes of the substitute and defeat his election.Why? The order of disqualification is immediately executory and the disqualified candidate had already ceased to be a candidate.

4. Procedure:Substitute shall file his COC for the office affected in accordance with the preceding sections not later than midday of election day,(1) with any board of election inspectors in the political subdivision where he is a candidate, or,(2) in the case of candidates to be voted for by the entire electorate of the country, with the COMELEC

KINDS OF ELECTION DISPUTES

1. Pre-election disputesdisputes filed against the erring candidate before the election.

C. Petition for DisqualificationD. Petition to Declare Nuisance CandidatesE. Petition to Cancel Candidacy (deny due course)

DefinitionRefers to certain acts committed or being suffered by the candidate which the law makes them as grounds for disqualification to run for an elective position. Acts may subsist at the time they file their COC, or the commission of certain election offenses during the election campaign as provided for in Sec. 68.Refusal to give due course to or cancel a COC if it is shown that said certificate has been filed to put the election process as provided for in Sec. 1.(Sec. 78):Exclusively on the ground that any material representation contained therein as required under Sec. 74 hereof is false.

Grounds

(Sec. 68):Any candidate who, in an action or protest in which he is a party is declared by final decision of a competent court guilty of, or found by the Commission of having: (a) given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions; (b) committed acts of terrorism to enhance his candidacy; (c) spent in his election campaign an amount in excess of that allowed by this Code; (d) solicited, received or made any contribution prohibited under Sections 89, 95, 96, 97 and 104; or (e) violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and cc, subparagraph 6,shall be disqualified from continuing as a candidate, or if he has been elected, from holding the office. Any person who is a permanent resident of or an immigrant to a foreign country shall not be qualified to run for any elective office under this Code, unless said person has waived his status as permanent resident or immigrant of a foreign country in accordance with the residence requirement provided for in the election laws.(Sec. 24 of the COMELEC Rules of Procedure):Sec. 1: (Nuisance candidates, as provided by Sec. 69 of BP 881) In mockery or disrepute or to cause confusion among the voters by the similarity of the names of the registered candidates or by other circumstances or acts which clearly demonstrate that the candidate had no bona fide intention to run for the office which the COC has been filed and thus prevent a faithful determination of the true will of the electorate.Sec. 74 (Contents of Certificate of Candidacy):(1) The false representation shall pertain to material matter affecting substantive rights of a candidate the right to run for elective post for which he filed the COC.(2) Intention to deceive the electorate as to ones qualifications for public office.

EffectsDisqualification only occurs upon an order of the COMELEC suspending the proclamation.(Sec. 6 of RA 6646):Disqualified candidates shall not be voted for, and the votes vast for him shall not be counted. Provided, removal cannot extend beyond the term during which the alleged misconduct was committed.

Candidate who placed second is not entitled to be declared elected

In cases of local electives Local Government Code on succession shall apply.In cases of congressional and when the law on succession shall not apply failure of election (Remedy: special elections)Votes for a person who has no valid COC are stray votes the candidate who obtained the next highest number of votes may be declared elected.Sec. 6 of RA 6646 and Sec. 72 requires a final judgment before votes may be considered stray.

JurisdictionJurisdiction of COMELEC is limited to those enumerated by Sec. 68 alone. COMELEC may have jurisdiction to suspend the proclamation and disqualify the winning candidate.

Filed Before the electionCase: Not yet been resolved but candidate got highest vote COMELEC shall continue to hear and in no case shall a second placer by proclaimed elected if the former shall be entitled to be proclaimed elected to the office.

Filed After the election & before the proclamationCase: COMELEC may dismiss it or report it to its law department for preliminary investigationWhat happens if there is prima facie evidence found in the investigation? may file a suspension of the proclamation after hearing that the evidence of guilt is so strong.

Filed After the election & after the proclamationThis becomes a post-election case. Electoral Tribunal gets jurisdiction. Provided, the proclamation is valid.

Pending After the electionsLocal office the proclamation and assumption of office of a candidate against a pending petition for disqualification does not divest the COMELEC of jurisdiction to hear the caseSenatorial or congressional the proclamation and assumption of office divest the COMELEC of jurisdiction to continue to hear the case in favor of the Electoral Tribunal.

If SC finds that in there has been a denial of due process by COMELEC may remand the case.(Puzon v. Cua): HRET has no jurisdiction to review resolutions and decisions of COMELEC. Who has? SC.(Sec. 2):COMELEC may at any time before the election, motu proprio refuse to give due course to or cancel a COC of any candidate on any of the grounds enumerated under Sec. 1, or when the substitute COC is not a proper case of substitution under Sec. 77 of BP 881.When petition has been moot and academic, COMELEC cannot grant its proceeding.If such petition is not finally decided before the election, COMELEC may still have jurisdiction to continue to hear and decide it to conclusion and to restrain proclamation if there is strong evidence of ineligibility; the same rule follows if there has been a subsequent proclamation and assumption of office of a candidate for local elective position.

When the question of material representation has not been raised, it did not thereby preclude the COMELEC from resolving such question where the candidate involved did not object to the presentation of evidence on the material representation.

Patent defects shown on the face of the COC may also be questioned before the election

What is stated in the certificate should not be allowed to negate the fact of residence if such fact was established by means more convincing than a mere entry on a piece of paper.

Where it has been held that such statement is a conclusion of law and not a narration of facts, and the fact that the candidate does not possess any of the qualifications provided by law does not render him liable for falsification. Why? The statement becomes material only when there is deliberate attempt to mislead.

It has been held that when a candidate has received popular mandate, overwhelmingly and clearly expressed, all possible doubts should be resolved in favor of the candidates eligibility. Why? Will of the electorate is the essence of democracy.

Who May File(Rule 25 of the COMELEC Rules of Procedure):Sec. 2: Any citizen of voting age, or duly registered political party, organization or coalition of political parties(Sec. 2):Any registered candidate for the same elective office (personally or through a duly authorized representative) (Sec. 5 of RA 6646):Filing of a verified petition in person (mail is not allowed)(Rule 23 of the COMELEC Rules of Procedures):Sec. 1: Any citizen of voting age or a duly registered political party, organization, or coalition of political parties on the exclusive ground that any material representation contained therein as required by law is false

Venue for FilingSec. 2:Law Department of the COMELEC(Sec. 2):Law Department of the COMELEC(Sec. 1):Law Department of the COMELEC

PrescriptionSec. 3:Any day after the last day for filing of COCs but not later than the date of proclamation.(Sec. 3):Within five days from the last day for the filing of COC.(Sec. 78):At any time not later than 25 days from the time of the filing of the COC(Rules 23 of the COMELEC Rules of Procedures):Sec. 2: within 5 days following the last day for the filing of COC.

ProceedingSec. 4: Summary proceeding after due noticeSec. 5: Effect of Petition if unresolved before completion of canvass, the votes cast for the respondent may be included in the counting. Provided, if the evidence of guilt is strong, his proclamation shall be suspended.(Sec. 4): Summary proceeding after due notice(Sec. 5): Hearing and delegation of reception of evidence.Sec. 3: Summary proceeding after due noticeSec. 4: COMELEC may designate any of its officials who are IBP members to hear the case and to receive evidence.

ProcedureTwo aspects:(1) Administrative preponderance of evidence(2) Criminal proof beyond reasonable doubt to convict

Due Process Requirement must be observed, otherwise the disqualification is null and void.

Remedy of the losing candidate quo warranto or election protest filed within 10 days from proclamation (reglamentary period). Proclamation should be a valid one.

Winning candidate entitled to be proclaimed decide on cases speedily as possible to the end that a final judgment shall be rendered not later than 7 days before the election. Mere pendency of a disqualification case does not justify the suspension of his proclamation after winning in the election. Why? Damage to himself, will of the electorate and undue benefit of the undeserving third parties

Due notice: Within three days from filing, the COMELEC shall issue summons to the respondent candidate together with a copy of the petition and its enclosures, if any

Respondent shall be given three days from receipt of the summons to file his verified answer, serving a copy upon the petitioner. Note: Grounds for a motion to dismiss may be raised as affirmative defenses.

COMELEC may designate any of its officials (lawyers) to hear the case and receive evidence. (Oral testimonies parties may be required to submit position papers together with affidavits or counter-affidavits and other documentary evidence)

The hearing officer shall immediately submit to the COMELEC his findings, reports, and recommendations within 5 days from the completion of such submission of evidence

COMELEC shall render its decision within 5 days from receipt thereof.

After 5 days from receipt of a copy of the decision, the same shall be final and executory.

The COMELEC shall within 24 hours, through the fastest available means, disseminate the decision (either of the COMELECs or the SCs) to the city or municipal election registrars, board of election inspector and the general public in the political subdivision concerned.(Sec. 7 of RA 6646: Same procedure with D. Petition to Declare Nuisance Candidates)

And shall be decided, after notice and hearing, not later than 15 days before election.

However, if the candidate is a congressional one, the remedies of the losing or aggrieved party are:(1) To reiterate his prayer in the petition for disqualification, and move for the issuance of an order by the COMELEC suspending the proclamation of the winning candidate pending said petition and, in the event the motion is denied before the proclamation, file a petition for certiorari with a prayer for a restraining order to enjoin proclamation in the SC.(2) To file a petition for quo warranto in the House Electoral Tribunal within 10 days after proclamation.

2. Pre-proclamation controversies(Sec. 233, 234, 236 of BP 881) and filed with COMELEC before proclamation.

3. Post election disputesWhere a quo warranto or an election protest was filed during the reglamentary period such dismissal of the COMELEC on the petition made BEFORE elections makes the case no longer viable.

Election ProtestQuo WarrantoProsecution for an election offense, either of which may result in the removal of the winning candidate

(Codilla v. de Venecia):May be filed only on the grounds of ineligibility and disloyalty to the Republic of the Philippines

CHAPTER FOUR: REGISTRATION OF VOTERS

VOTERS REGISTRATION

I. Voters Registration Act of 1996

Sec. 7: For purposes of the May 1998 elections, and those subsequent thereto. COMELEC undertook a general registration of voters before the Board of Election Inspectors on June 14, 15, 21, 22, 28 and 29 of 1997.

Why? Immediately after the 1997 barangay elections the existing list of voters shall cease to be effective and operative.

RA8189 those registered as qualified voters are entitled to vote:Who can register? Sec. 9:(1) All citizens of the Philippines not otherwise disqualified by law(2) At least 18 years of age on the day of the election(3) Resided in the Philippines for at least 1 year on the day of the election(4) Resided in the place wherein they propose to vote, for at least 6 mos. immediately preceding the election

Disqualifications and Reacquisition of voting rights (Sec. 11):1. Sentenced by final judgment to suffer imprisonment of not less than 1 year, such disability not having been removed by plenary pardon or amnesty: Provided, however, That any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon expiration of 5 years after service of sentence;2. Adjudged by final judgment by a competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation of the firearms laws or any crime against national security, unless restored to his full civil and political rights in accordance with law: Provided, That he shall automatically reacquire the right to vote upon expiration of 5 years after service of sentence; and3. Insane or incompetent persons declared as such by competent authority unless subsequently declared by proper authority that such person is no longer insane or incompetent.

I. Challenging the right to register (Sec. 18):1. Who may challenge?Any voter, candidate or representative of a registered political party2. How to challenge?(1) In writing(2) Under oath(3) Stating the grounds therefor(4) The attached application(5) Proof of notice of hearing to the challenger and the applicant3. When to challenge?Not later than the second Monday of the month in which the same is scheduled to be heard or processed by the Election Registration Board.Note: Should the second Monday of the month fall on a non-working holiday, oppositions MAY BE FILED on the next following working day. The hearing of which shall be heard on the third Monday of the month and the decision shall be rendered before the end of the month.

II. How to Register:1. Election Officer shall inform the applicant of the qualifications and disqualifications prescribed by law for a voter (Sec. 10).2. Personal filing of application as prescribed by the COMELEC in 3 copies before the Election Officer on any date during office hours after having acquired the qualifications of a voter (Sec. 10).a. Which shall be conducted daily in the office of the Election Officer during regular office hours (Sec. 8).b. No registration shall be conducted during the period starting 120 days before a regular election, and 90 days before a special election.c. The application shall contain the following data:i. Nameii. Sexiii. Date and place of birthiv. Citizenshipv. Civil status (including name of spouse, if any)vi. Profession/occupationvii. Periods of residence in the PH and in the place of registrationviii. Exact address (if none, a brief description of his residence)ix. Statement of possession of all the qualifications of a voterx. Statement that applicant is not a registered voter of any precinctxi. Other requirements that may be asked by the COMELECxii. Three signaturesxiii. Clear and legible rolled prints of thumbprintsxiv. Four identification size copies of latest photograph3. Receipt of applications for registration shall be obtained by Election Officer4. Election Officer shall set a hearing of applications, notice of which shall be posted in the city or municipal bulletin board and in his office for at least 1 week before the hearing, and furnish copies thereof to the applicant concerned, the heads or representatives of political parties, and other accredited groups or organizations which actively participate in the electoral process in the city or municipality (Sec. 17).a. All applications for registration shall be heard and processed on a quarterly basis.i. Election Registration Board shall meet and convene on the third Monday of April, July, October, and January of every calendar year, orii. On the next following working day if the designated days fail on a non-working holiday, except in an election year to conform with the 120 days prohibitive periodiii. Should one day be sufficient for the processing of all accepted applications, the Board shall adjourn from day to day until all the applications shall have been processed.5. On the date of the hearing, the Election Officer shall receive such evidence for or against the applicant (Sec. 17).a. No seasonably filed objections registrant shall be notified in writing stating therein that no objection was raised against his application and that he need not appear on the date set for the hearing of his application.b. Seasonably filed objections physical presence of the applicant concerned shall be mandatory for him to rebut or refute evidence presented in opposition thereto. Provided, it was filed with the proper Election Registration Board.

Changes in information presented in the application form:AlterationProcedureEfffect

Residence to Another City or Municipality (Sec. 12)Apply with the Election Officer of new residence for the transfer of registration records Undergo requirements of notice and hearing and the approval of the Election Registration Board, in accordance with this Act.Upon approval and after notice of such to the Election Officer of the former residence, said EO shall transmit by registered mail the voter's registration record to the Election Officer of the new residence.

Change of Address in the Same City or Municipality (Sec. 13)Immediately notify the Election Officer in writing, and shall be reported to the office of the provincial election supervisor and the Commission in Manila.A change in precinct the Board shall transfer his registration record to the precinct book of voters of his new precinct and notify the voter of his new precinct.

III. Registration of illiterate or disabled applicants (Sec. 14):1. May register with the assistance of any of the following:a. Election Officerb. Any member of an accredited citizen's arms 2. Procedure:a. Assistant shall place such illiterate person under oath, ask him the questions, and record the answers given in order to accomplish the application form in the presence of the majority of the members of the Boardi. Physically disabled person may be prepared using the data supplied by the applicant, by any of the ff:1. any relative within the fourth civil degree of consanguinity or affinity; or2. by the Election Officer or any member of an accredited citizen's armii. The fact of illiteracy or disability shall be so indicated in the application.b. Assistant shall read the accomplished form aloud to the person assisted and ask him if the information given is true and correct.c. In the presence of the Board, the applicant shall subscribe to the form by means of thumbmark or some other customary mark, and it shall be subscribed and attested by the majority of the members of the Board.i. The attestation shall state:1. name of the person assisted,2. name of the person who assisted the applicant,3. the fact that the EO placed the applicant under oath,4. that the person who assisted the applicant read the accomplished form to the person assisted, and5. that the person assisted affirmed its truth and accuracy, by placing his thumbmark or some other customary mark on the application in the presence of the Board.

II. Election Registration Board

Composition (Sec. 15):1. In each city and municipality as many as Election Registration Boards as there are election officers thereina. In thickly populated cities/municipalities, COMELEC may appoint additional election officers for such duration as may be necessary2. Chairman: Election Officera. In case of disqualification, COMELEC shall designate an acting EO who shall serve as Chairman.3. Members:a. Public school official most senior in rankb. Local civil registrar, or in this absence, the city or municipal treasureri. In case of disqualification or non-availability of both, COMELEC shall designate any other appointive civil service official from the same locality as substitute.4. Disqualifications:a. No member of the Board shall be related to each other or to any incumbent city or municipal elective official within the fourth civil degree of consanguinity or affinityb. If in succeeding elections, any of the newly elected city or municipal officials is related to a member of the board within the fourth civil degree of consanguinity or affinity, such member is automatically disqualified

Compensation (Sec. 16):1. Honorarium to P200 for each day of actual service rendered a. Amount may be adjusted by COMELEC every 3 years thereafter2. No member shall be entitled to travelling expenses

Powers, Duties & Functions:1. Election Officer has the power to administer oath and issue summons (subpoena duces tecum and swear in witnesses) (Sec. 19):a. For purposes of determining the right of the applicants to be registered, b. The party in whose behalf the summons is issued shall pay the fees and expenses in advance.

2. By majority vote of the ERB in the approval and disapproval of application (Sec. 20):a. EO shall submit to the ERB all applications for registration filed, together with the evidence received in connection therewithb. If approved EO shall assign a voters identification number and issue the corresponding identification card to the registered voterc. If disapproved EO shall furnish a certificate of disapproval stating the ground therefor to the applicantd. In both cases, any aggrieved party may file a petition for exclusion or inclusion, as the case may be, with the proper MTC as provided for in this Act

3. ERB shall post a notice in the bulletin board of the city or municipal hall and in the office of the EO within 5 days from approval/disapproval of application, and EO shall furnish a copy of such notice personally, or by registered mail or special delivery to the applicant and heads or representatives of registered political parties in the city or municipality (Sec. 21); notice shall state:a. name and address of the applicantb. date of applicationc. action taken thereon (approved or disapproved)

4. EO shall preserve voters registration records by compiling original copies of the approved application for registration per precinct and arrange the same alphabetically by surname. The second and third copies shall be sent to the provincial and national central files within 3 days after the approval of the ERB (Sec. 22).

5. Custody of the Provincial Election Supervisor over the Provincial File, which shall consist the duplicate copies in each precinct of every city and municipality in the province. Should the book of voters in the custody of the EO be lost or destroyed at a time so close to election day that there is no time to reconstitute the same, the corresponding book of voters in the provincial file shall be used during the voting (Sec. 23).

6. Custody of the Commission in Manila over the National Central File, which shall consist the third copies in each city or municipality, and shall serve as a replica of the book of voters in the possession of the EO (Sec. 24).a. A national list; alphabetical arrangements of surnamesb. National Central File shall consist of the computerized voters list (CVL), both in print and in diskette*, submitted by the EO in each city and municipality concernedi. CVL shall make use of a single and uniform computer program that will have a detailed sorting capability to list voters alphabetically by: the precincts where they vote, brgy, municipalities, cities or provinces of residency their voters identification numbers (VIN)

7-8. Deactivation and Reactivation of Registrationa. Procedure of Deactivation (Sec. 27):i. Clerks of court for the Municipal/Municipal Circuit/Metropolitan/Regional Trial Courts and the Sandiganbayan shall furnish the EO of the city or municipality concerned at the end of each month a certified list of persons who are disqualified under Sec. 27, with their addresses.ii. The Commission may request a certified list of persons who have lost their Filipino Citizenship or declared as insane or incompetent with their addresses from other government agencies.iii. ERB shall deactivate the registration and remove the registration records of the following persons from the corresponding precinct book of voters and place the same, properly marked and dated in indelible ink, in the inactive file after entering the cause or causes of deactivation:iv. EO shall post in the bulletin board of his office a certified list of those persons whose registration were deactivated and the reasons therefor, and furnish copies thereof to the local heads of political parties, the national central file, provincial file, and the voter concerned.b. Procedure of Reactivation (Sec. 28):i. Deactivated voters may file with the EO a sworn application for reactivation of his registration in the form of an affidavit stating that the grounds for the deactivation no longer exist any time but not later than 120 days before a regular election, and 90 days before a special election.ii. EO shall submit application to ERB for appropriate actioniii. If approved EO shall retrieve the registration record from the inactive file, and include the same in the corresponding precinct book of votersiv. Local heads or representatives of political parties shall be properly notified on approved applicationsc. Deactivation & Reacquisition of Registration:i. Sentenced by final judgment to suffer imprisonment for not less than 1 year, such disability not having been removed by plenary pardon or amnesty: Provided, however, That any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon expiration of 5 years after service of sentence as certified by the clerks of courts of the Municipal/Municipal Circuit/Metropolitan/Regional Trial Courts and the Sandiganbayan;ii. Adjudged by final judgment by a competent court or tribunal of having caused/committed any crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation of the anti-subversion and firearms laws, or any crime against national security, unless restored to his full civil and political rights in accordance with law; Provided, That he shall regain his right to vote automatically upon expiration of 5 years after service of sentence;iii. Declared by competent authority to be insane or incompetent unless such disqualification has been subsequently removed by a declaration of a proper authority that such person is no longer insane or incompetent;iv. Did not vote in the 2 successive preceding regular elections as shown by their voting records. For this purpose, regular elections do not include the SK elections;v. Registration ordered excluded by the Court; andvi. Lost his Filipino citizenship.

9. Cancellation of registration by ERB of those who have died (Sec. 29).a. Death shall be certified by the LCR, who shall submit each month a certified list of persons who died during the previous month to the EO of the place where the deceased are registered.b. LCR shall furnish a copy of this list to the national central file and the proper provincial file.c. EO shall post in the bulletin board of his office a list of those persons who died whose registrations were cancelled, and furnish copies thereof to the local heads of the political parties, the national central file, and the provincial file.i. In the absence of information concerning the place, the list shall be sent to the EO of the city or municipality of the deceased's residence as appearing in his death certificate.

10. ERB shall prepare and post certified list of voters (including deactivated voters list) 90 days before a regular election, and 60 days before a special election (Sec. 30).a. Furnish copies thereof to the provincial, regional and national central files, and Election Inspectors for posting in the polling place and for their reference on Election Day. And upon payment of the fees as fixed by the Commission, the candidates and heads of registered political parties shall also be furnished copies thereof.

11. Sealing of precint book of voters (Sec. 31).a. Within 15 days before the start of the campaign period, ERB shall notify all registered political parties and the Board of Election Inspectors to inspect and verify the completeness of the voters registration records for each precinct in the book of voters.b. After verification and certification by the Board of Election Inspectors and party reps, the ERB shall seal the book of voters in the presence of the former at the start of the campaign period and take custody of the same.c. EO shall deliver the sealed precinct book of voters to the chairman of the Board of Election Inspectors when the latter secures its official ballots and other paraphernalia for Election Day.

III. Effect of Registry list of voters conclusive as to who has the right to vote in the present election.

IV. Exclusion and inclusion of voters proceedings1. No res judicata. Why? The list is subject to rescission every election a. Case: A minor who had succeeded in registering as a voter and actually voted should be counted in an election protest.b. COMELECs power and duty to annul the list of voters (Omnibus Election Code; exclusive authority of the COMELEC) to see to it that the entire registration process and the preparation of the registry list of voters as a whole are accomplished in accordance with existing laws. Includes: correction of error, annulment of an entire list, order for a new listi. Case: Jurisdiction of MTC in the exclusion proceedings as to the exclusion or inclusion of a voter from the list of voters in the precinct of its territorial jurisdiction Does not preclude jurisdiction of COMELEC in the determination of a candidates qualification Summary proceedings not conclusive upon the COMELEC

2. Common Rules governing judicial proceedings in the matter of inclusion, exclusion, and correction of names of voters:Procedure (Sec. 32)Petition shall be filed during office hoursa. Petition shall refer only to 1 precinct and implead the Board as respondentsb. No costs shall be assessed against any party, unless court finds that the application has been filed solely to harass the adverse party and cause him to incur expenses

Notice of the place, date and time of the hearing of the petition shall be served upon the members of the Board and the challenged voter upon filing of the petition.a. Service of notice may be made by:i. personal delivery,ii. leaving it in the possession of a person of sufficient discretion in the residence of the challenged voter, oriii. by registered mail.iv. Should the foregoing procedures not be practicable, the notice shall be posted in the bulletin board of the city or municipal hall and in 2 other conspicuous places within the city or municipality

Any voter, candidate or political party who may be affected by the proceedings may intervene and present his evidence

The decision shall be based on the evidence presented and in no case rendered upon a stipulation of facts.a. If the question is whether or not the voter is real or fictitious, his non-appearance on the day set for hearing shall be prima facie evidence that the challenged voter is fictitious; and

Hearing and/or appeals

Jurisdiction (Sec. 33)Original and exclusive jurisdiction over all cases of inclusion and exclusion of voters in their respective cities or municipalities Municipal and Metropolitan Trial Courts

Appeals filed with the RTC w/in 5 days from receipt of notice thereof; Case shall be decided within 10 days from receipt of the appeal. Final judgment shall be not later than 15 days before the election. No motion for reconsideration shall be entertained.

Petition for InclusionSec. 34Petition for ExclusionSec. 35

Who may fileWhose application for registration has been disapproved by the Board or whose name has been stricken out from the list may file with the court Any registered voters, representative of a political party or the Election Officer may file with the court

When to filePetition to include his name in the permanent list of voters in his precinct at any time except 105 days prior to a regular election, or 75 days prior to a special election. Sworn petition for the exclusion of a voter from the permanent list of voters giving the name, address and the precinct of the challenged voter at any time except 100 days prior to a regular election, or 65 days before a special election.

Other Reqs(1) Certificate of disapproval of his application(2) Proof of service of notice of his petition upon the Board(1) Proof of notice to the Board and to the challenged voter

DecisionShall be decided within 15 days after its filing

Board shall place the application for registration previously disapproved in the corresponding book of voters and indicate in the application for registration the date of the order of inclusion and the court which issued the same.Shall be decided within 10 days from its filing

Board shall, upon receipt of the final decision, remove the voter's registration record from the corresponding book of voters, enter the order of exclusion therein, and thereafter place the record in the inactive file.

Verification of Registered Voters(Sec. 36)In order to preserve the integrity of the permanent list of voters, EO shall file exclusion proceedings when necessary, and verify the list of the registered voters of any precinct by regular mail or house-to-house canvass

In house-to-house canvassing, COMELEC may enlist the help of representatives of political parties and deputize non-government organizations (NGOs), civic organizations and barangay officials to assist in the verification.

Voters Excluded Through Inadvertence or Registered with an Erroneous or Misspelled Name

(Sec. 37)(Sec. 38)

May file with the Board an application for:(1) Reinstatement has not been included in the precinct certified list of voters, or(2) Correction of name has been included therein with a wrong or misspelled name

May file with the Board an application for:(1) Inclusion of his record Record has not been included in the precinct book of voters, or(2) Reinstatement name has been omitted in the list of voters(3) Correction of name wrong or mispelled name

If it is denied or not acted upon:He may file on any date with the proper Municipal or Metropolitan Trial Court a petition for an order directing that the voter's name be entered or corrected in the list. The voters shall attach to the petition a certified true copy of his registration record or identification card or the entry of his name in the list of voters used in the preceding election, together with proof that his application was denied or not acted upon by the Board and that he has served notice thereof to the Board.

Annulment at Book of Voters(Sec. 39)Upon verified petition of any voter or election officer or duly registered political party, and after notice and hearing, COMELEC shall annul any book of voters that is not prepared in accordance with the provisions of this Act or was prepared through fraud, bribery, forgery, impersonation, intimidation, force or any similar irregularity, or which contains data that are statistically improbable.

No order, ruling or decision annulling a book of voters shall be executed within 90 days before an election.

ABSENTEE VOTING LAWI. Who are entitled to vote in absentia1. Sec. 4: All citizens of the Philippines abroad, who are not otherwise disqualified by law, at least eighteen (18) years of age on the day of elections, may vote for president, vice-president, senators and party-list representatives.2. Disqualified voters are those who (Sec. 5):a. Lost their Filipino citizenship in accordance with Philippine laws;b. Expressly renounced their Philippine citizenship and who have pledged allegiance to a foreign country;c. Have committed and are convicted in a final judgment by a court or tribunal of an offense punishable by imprisonment of not less than 1 year, including those who have committed and been found guilty of Disloyalty as defined under Article 137 of the Revised Penal Code, such disability not having been removed by plenary pardon or amnesty;i. Provided, however, That any person disqualified to vote under this subsection shall automatically acquire the right to vote upon expiration of 5 years after service of sentence;ii. Provided, further, That the Commission may take cognizance of final judgments issued by foreign courts or tribunals only on the basis of reciprocity and subject to the formalities and processes prescribed by the Rules of Court on execution of judgments;d. An immigrant or a permanent resident who is recognized as such in the host country,i. Unless 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 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.e. Previously declared insane or incompetent by competent authority in the Philippines or abroad, as verified by the Philippine embassies, consulates or foreign service establishments concerned,i. Unless such competent authority subsequently certifies that such person is no longer insane or incompetent.

Personal Overseas Absentee Registration (Sec. 6)

Who may register

Qualified citizens of the Philippines abroad who failed to register under Republic Act No. 8189 (Voters Registration Act of 1996)

How to register

Personally apply for registration with:(1) ERB of the city or municipality where they were domiciled immediately prior to their departure from the Philippines, or(2) The representative of the Commission at the Philippine embassies, consulates and other foreign service establishments that have jurisdiction over the locality where they temporarily reside.

Seafarers Commission shall provide a special mechanism for the time and manner of personal registration taking into consideration the nature of their work.

Duties and Functions of the Government

(1) Commission is authorized to prescribe additional procedures for overseas absentee registration pursuant to the provisions of Republic Act No. 8189, whenever applicable, taking into strict consideration the time zones and the various periods and processes herein provided for the proper implementation of this Act.(2) The embassies, consulates and other foreign service establishments shall transmit within (5) days from receipt the accomplished registration forms to the Commission, after which the Commission shall coordinate with the Election Officer of the city or municipality of the applicant's stated residence for verification, hearing and annotation in the permanent list of voters.(3) Commission shall provide for the period within which applications to register must be filed. (Note: All applications for the May 2004 elections shall be filed with the Commission not later than two hundred eighty (280) calendar days before the day of elections)

Verification of application

(1) Upon receipt of the application for registration, the Election Officer shall immediately set the application for hearing, the notice of which shall be posted in a conspicuous place in the premises of the city or municipal building of the applicant's stated residence for at least one (1) week before the date of the hearing. The Election Officer shall immediately furnish a copy of the application to the designated representatives of political parties and other accredited groups.

(2) No verified objection to the application Election Officer shall immediately forward the application to the Election Registration Board, which shall decide on the application within one (1) week from the date of hearing without waiting for the quarterly meeting of the Board. The applicant shall be notified of the approval or disapproval of his/her application by registered mail.

(3) With verified objection to the application Election Officer shall notify the applicant of said objection by registered mail, enclosing therein copies of affidavits or documents submitted in support of the objection filed with the said Election Officer, if any. The applicant shall have the right to file his counter-affidavit by registered mail, clearly stating therein facts and defenses sworn before any officer in the host country authorized to administer oaths.

(4) The application shall be approved or disapproved based on the merits of the objection, counter-affidavit and documents submitted by the party objecting and those of the applicant.

(5) A Certificate of Registration as an overseas absentee voter shall be issued by the Commission to all applicants whose applications have been approved, including those certified as registered voters. The Commission shall include the approved applications in the National Registry of Absentee Voters.

(6) Approved applications any interested party may file a petition for exclusion not later than two hundred ten (210) days before the day of elections with the proper municipal or metropolitan trial court. The petition shall be decided within fifteen (15) days after its filing on the basis of the documents submitted in connection therewith. Should the court fail to render a decision within the prescribed period, the ruling of the Election Registration Board shall be considered affirmed.

(7) Disapproved applications the applicant or his authorized representative shall, within a period of five (5) days from receipt of the notice of disapproval, have the right to file a petition for inclusion with the proper municipal or metropolitan trial court. The petition shall be decided within five (5) days after its filing on the basis of documents submitted in connection therewith.

Qualified citizens of the Philippines abroad, who have previously registered as voters pursuant to Republic Act No. 8189 shall apply for certification as absentee voters and for inclusion in the National Registry of Overseas Absentee Voters, with a corresponding annotation in the CVL.

Requirements for registration (Sec. 8)

(1) Valid Philippine passporta. In the absence of a valid passport, a certification of the Department of Foreign Affairs that it has reviewed the appropriate documents submitted by the applicant and found them sufficient to warrant the issuance of a passport, or that the applicant is a holder of a valid passport but is unable to produce the same for a valid reason;(2) Accomplished registration form prescribed by the Commission containing the following mandatory information:a. Last known residence of the applicant in the Philippines before leaving for abroad;b. Address of applicant abroad, or forwarding address in the case of seafarers;c. Where voting by mail is allowed, the applicant's mailing address outside the Philippines where the ballot for absentee voters will be sent, in proper cases; and;d. Name and address of applicant's authorized representative in the Philippines for purposes of Section 6.7 (Sec.6