Election Law Review Alberto C. Agra
Professor of Laws and Political Law Bar Reviewer Ateneo Law School Election Laws, Alberto C. Agra Election Laws, Alberto C. Agra
1987 Constitution Omnibus Election Code (B.P. Blg. 881) Automated Election Law (R.A. No amending R.A. No. 8436) Synchronized Elections Act (R.A. No. 7166) 1991 Local Government Code (R.A. No. 7160) Fair Election Act (R.A. No. 9006) Voters Registration Act of 1996 (R.A. No. 8189) Election Laws, Alberto C. Agra Election Laws, Alberto C. Agra
Topics for Discussion 1)Commission onElections 2)Voters and VoterRegistration 3)Elective Officialsand Candidates 4)Campaign 5)Contributionsand Expenditures 6)Postponement andFailure of Elections 7)AutomatedElections 8)Pre-ProclamationCases 9)Post-ProclamationCases Election Laws, Alberto C. Agra 1) Commission on Elections
Independent 7-Person Constitutional Body(administrative agency, public office) Plenary authority to decide all questions affectingelections except the question as to the right to vote Wide discretion in adopting means to carry out itsmandate of ensuring HOPE (not be straitjacketed byprocedural rules) Election Laws, Alberto C. Agra 1) Commission on Elections
Enforcement Power: All election laws (personsand policies) Judicial Power: Qualifications and ElectionContests (not Suffrage) Jurisdiction: Original (Regional, Provincial andCity); and Appellate (Municipal, Barangay andSangguniang Kabataan) Remedies: En Banc (MR, administrative) andDivision (1st instance, judicial) Election Laws, Alberto C. Agra 1) Commission on Elections
Process: Division - MR to En Banc - Certiorari toSC Judicial: Disqualification, Election Protest, QuoWarranto, Pre-Proclamation, Annulment ofProclamation Administrative: Failure of Elections,Postponement of Elections, Election Offense,Annulment of Book of Voters Contempt: Judicial (not Administrative) Election Laws, Alberto C. Agra Election Laws, Alberto C. Agra
2) Voters: Concepts What? Suffrage is a Right (not an obligation) Who? Qualifications defined in Constitution;Disqualifications defined in Statute; AllowAbsentee Voting, Dual Citizens, Disabled andIlliterates to Vote How? Procedural Requirements allowed to beimposed, Substantive not allowed Election Laws, Alberto C. Agra 2) Voters: Qualifications
Filipino Citizen At least 18 years of age on election day Resident in Philippines for at least 1 year priorto election day Resided in place wherein propose to vote forat least 6 months prior to election day Free from Disqualifications In order to vote, must be a registered voter Election Laws, Alberto C. Agra 2) Voters: Disqualifications
Sentenced by final judgment imprisonment of1 year or more Sentenced to suffer accessory penalty politicalrights Adjudged by final judgment crime involvingdisloyalty Court-declared insane and incompetent persons Election Laws, Alberto C. Agra 2) Voters: Registration
Nature: Continuing Listing: Computerized List at all Levels Number: 200 Voter-Precinct (unless clustered) Changes: Permanent but subject to changes (+ or-): New Voters; Transfer; Deactivation andActivation; Cancellation; Inclusion and Exclusion;and Annulment of Book of Voters Election Laws, Alberto C. Agra 2) Voters: Deactivation
Disqualified to Vote Failed to Vote in 2 preceding elections Registration Excluded by the Court Lose Filipino Citizenship Election Laws, Alberto C. Agra Election Laws, Alberto C. Agra
2) Voters: Opposition What? Applications not yet resolved Where Oppose? Election Registration Board Who may Oppose? Voter, Candidate or PoliticalParty When? Specified Period How Oppose? File Written Opposition/ Challenge Why Oppose? Not Qualified, Fictitious Appearance? Mandatory if application opposed Election Laws, Alberto C. Agra 2) Voters: Inclusion/ Exclusion
What? Applications already acted upon Where File? MTC (not Comelec), then RTC, then SC(question of law) Grounds? Disapproval or Name Stricken Out(Inclusion); Not Qualified or Voter Not Real(Exclusion) When? Specified Period Election Laws, Alberto C. Agra 2) Voters: Annulment of Book of Voters
Annul What? Book of Voters per precinct Where File? Comelec When Filed? Normally, after period to fileinclusion/ exclusion lapses Who Files? Any Voter, EO or Party What Grounds? (1) Book Prepared Improperly,Preparation Attended with Vice or Fraud, and (2)Book contains Statistically Improbable Data (notqualification of voters) Election Laws, Alberto C. Agra Election Laws, Alberto C. Agra
2) Voters: Election Day Illegal Voter Not registered; Use another name; Disqualified;Multiple Registrant (allowed to vote if properlyidentified) Illegal Act Vote-Buying; Vote-Selling; Vote-Betting: Promise toinduce or withhold vote (allowed to vote if takeoath) Election Laws, Alberto C. Agra Election Laws, Alberto C. Agra
3) Officials: Elective National Office President; Vice-President; Senators (24; 1/2);Representatives (District and Party-List) Local Office LCE: Governor, Mayor and Punong Barangay; VLCE:Vice-Governor and Vice-Mayor; SanggunianMembers Election Laws, Alberto C. Agra 3) Officials: Party-List
Multi-Partism/ Party Loyalty/ Social Justice Exclusive to Marginalized/ Nominees Organic Only in House (20% of Total) 2% Threshold (and until filled up) 3-Seat Maximum Election Laws, Alberto C. Agra 3) Officials: Candidate
Definition: Seeks public office and filescertificate of candidacy and campaign period hasstarted (but cannot campaign before campaignperiod) Effect of Non-Filing: Not a candidate (not liablefor unlawful acts and omissions before becominga candidate; before start of campaign period) Effect of Filing: On Tenure of Incumbents(elective remain in office; appointive ipsofacto resigned) Election Laws, Alberto C. Agra 3) Officials: Substitution
Grounds: (1) Death, (2) Withdrawal, and (3)Disqualification (not allowed if violate term limit;CoC denied due course or cancelled nuisanceand material misrepresentation); if invalidsubstitution not considered a candidate Who? Substitute must be Qualified When? Up to mid-day of election day Substitute? Qualified and Same Party Limitations: Substituted can no longer run forany other position; Withdrawal not affectliabilities Election Laws, Alberto C. Agra 3) Officials: Qualifications
Set by the Constitution (national) and statutes (local) Citizenship Age Residency Registered Voter Literacy Free from Disqualifications [Undertake Drug Test under CDDA OF 2002,unconstitutional] Election Laws, Alberto C. Agra 3) Officials: Disqualifications
Lack qualifications/ possess some disqualifications Violate Term Rule (1-2-3 terms) Commission of an election offense Nuisance Candidate Sentenced by Final Judgment (accessory penalty) Willfully Commits Material Misrepresentation No valid, timely and properly filed certificate ofcandidacy Election Laws, Alberto C. Agra 3) Officials: Disqualifications
Lack of Qualifications Where File? Comelec Division When File? Before Proclamation If Not File? Quo Warranto Election Laws, Alberto C. Agra 3) Officials: Disqualifications
Commission of Election Offense What Offenses? Vote-Buying, Terrorism, UnlawfulExpenditures, Unlawful Campaign, Coercion ofSubordinates, Threats, Prohibition against Release ofPublic Funds (other election offenses file EO case RTC hears) Where File? Comelec Division When File? Before Proclamation If Not File? Election Protest; Election Offense Election Laws, Alberto C. Agra 3) Officials: Disqualifications
Nuisance Candidate Who Is? Campaign Capability, Intention, Performance,Exposure, Platform, Party Affiliation, Organization,Profession, Income, Health, Education, Name Where File? Comelec Division When File? Within 5 days from Last Day Filing ofCertificate of Candidacy If Not File? No remedy Election Laws, Alberto C. Agra 3) Officials: Disqualifications
Misrepresentation What? Misrepresentation must be Material(pertains to Qualifications and Disqualifications; notsurname, profession, political party) and Willful/Deliberate; Even if there is misrepresentation, ifactually qualified, not disqualified Where File? Comelec Division When File? 25 days from Filing of CoC If Not File? No remedy Election Laws, Alberto C. Agra Election Laws, Alberto C. Agra
4) Campaign: Concept Definition: Act designed to promote the electionor defeat of a candidate Operative Act: Intent/ Design (not all acts ofbeneficence are considered campaigning) andPeriod (start of campaign) Application: All Candidates for All Elective Offices Framework: Regulated but Liberalized Election Laws, Alberto C. Agra 4) Campaign: Allowable Forms
Forming Organizations Holding Rallies Making Speeches Distributing Campaign Materials Soliciting Votes Publishing Advertisements Election Laws, Alberto C. Agra 4) Campaign: Propaganda
Paid Political Advertisements Free Space and Airtime Use of Gadgets and Billboards Private Poster Areas Posting in Private Places Election Laws, Alberto C. Agra Election Laws, Alberto C. Agra
4) Campaign: Forms Printed Materials (8.5W x 14L) Letters Posters (2x 3) in Poster Areas (12x 16) Rally Streamers (3x 8) Election Laws, Alberto C. Agra Election Laws, Alberto C. Agra
4) Campaign: Paid Ads Print: 1/4th page in broadsheet; in tabloid 3x aweek Television: 120 minutes (for national); 60 minutes(for local) Radio: 180 minutes (for national); 90 minutes (forlocal) Election Laws, Alberto C. Agra 4) Campaign: Unlawful Acts
Foreign Intervention Removal or Destruction of Lawful Propaganda Materials not Disclose Payor Exceed Limits (Time and Space) Transportation, Foods and Drinks During Rallies Movie or Video on or by Candidate Election Laws, Alberto C. Agra 5) Prohibited Contributions
Financing Institutions Public Utility Operator Natural Resources Explorer Government Contractors Franchise Holders Donee Institution from Government Educational Institutions Foreigners/ Foreign Corporations Election Laws, Alberto C. Agra 5) Other Prohibited Acts
Not reveal true name of contributor Not report all contributions Exceed Limits (P10, P5, P3) Not file Statement Expenditures made by non-authorized persons Election Laws, Alberto C. Agra Election Laws, Alberto C. Agra
5) Lawful Expenditures Use of Facilities Travel Compensation Communications Written Materials Pollwatchers Office/ HQ Advertisements Meetings/ Rallies Counsel* Copying of List ofVoters* Sample Ballots* Volunteers* (* - not included in cap) Election Laws, Alberto C. Agra 6) Postponement of Elections
Grounds: (1) Force majeure, (2) Violence, (3)Terrorism, (4) Loss or Destruction of ElectionParaphernalia, and (5) Analogous Causes Extent: Serious and Impossible to have free andorderly elections Conditions: Grounds must exist before voting Authority: Comelec en banc (petition or motupropio); not BEI or election officers Result: Special Elections Election Laws, Alberto C. Agra Election Laws, Alberto C. Agra
6) Failure of Elections Grounds: (1) Force majeure, (2) Violence, (3) Terrorism, (4)Fraud, and (5) Analogous Causes Extent: Failure to elect and affect results of elections Examples: Failure - transfer of venue of counting withoutnotice, ballots replaced/ burned; No Failure votingresumes after sporadic violence/ gun fire, fake ballots,landslide results, vote-buying, destruction of copies of ERs Conditions: Election not held or suspended, After voting,During preparations or transmission of election returns,Canvassing Authority: Comelec en banc (petition) Result: Special Elections Election Laws, Alberto C. Agra Election Laws, Alberto C. Agra
7) Automated Elections Statutory Bases: RA 9369 amending RA8436 Automated Election System: voting ,counting, consolidating, canvassing, andtransmission (not proclamation) Paper-Based or Direct Recording ElectionSystem: Ballots, Election Returns, Certificateof Canvass, Statement of Votes Comelec Discretion: AES or AESs, Paper- Based or Direct Recording Election Laws, Alberto C. Agra Election Laws, Alberto C. Agra
7) Automated Elections Features: Use of Ballots, Stand-alonemachine, with Audit Trails, Minimum HumanIntervention and Security Measures Voting Procedure (before Board of ElectionsInspectors): Voter gets ballots from BEI Voter fills up ballot in voting booth (spoil only 1x) Voter affixes thumbmark on voting record BEI applies indelible ink Voter drops ballot in ballot box Election Laws, Alberto C. Agra 7) Precinct-Count Optical Scan
Election Laws, Alberto C. Agra Election Laws, Alberto C. Agra
7) Automated Elections Processes: Counting at Counting Center as ballots arrive (physical transport) Precinct-Level Result: Printing of ElectionsReturns (30 copies) then ElectronicTransmission to Board of Canvassers; Resultsloaded in Data Storage Devices Canvassing at BoC: Consolidation of Resultsin Data Storage Devices then ElectronicTransmission to Comelec (Senate and Party- List) and Congress (President and Vice- President) and Proclamation Election Laws, Alberto C. Agra Transmission and Canvass
COMELEC CENTRAL SERVER Congress COMELEC National Board of Canvassers Prov. Canvass Report INTERNET Provincial Board of Canvassers Mun./City Canvass Report Municipal/City Board of Canvassers Dominant Majority Dominant Minority Election Watch Groups Election Returns Precinct 8) Pre-Proclamation Cases
Allowed: Objections pertaining toProceedings and Composition of BoC;Pollwatchers-related; Data-Storage Delayed,Destroyed, Falsified (before canvass) Not Allowed: Material Defects, Manifest Errors under AES Rules of Appreciation; Violence; VotingProcedure; Eligibility of Voters Election Laws, Alberto C. Agra 9) Post-Proclamation: Election Protests
Grounds: Fraud and Irregularities in Casting, Countingand Canvassing Documents in Question/ Evidence: Ballots, ERs, CoCsand Data-Storage Devices Venue: P/VP (PET); Senators (SET); Representatives(HRET); Regional; Province; City (Comelec Division);Municipality (RTC); Barangay (MTC) Requirements: Filed by candidate; Within period;Protestee proclaimed; Payment of filing fee; Allegationsof fraud; Identify precincts; Verified; Certificate of non- forum shopping Procedure: Revision; Trial If prosper: protestee removed, true winnerproclaimed Election Laws, Alberto C. Agra 9) Post-Proclamation: Quo Warranto
Grounds: Disloyalty to Republic; Ineligibility Venue: Same as Election Protest If prosper: Respondent ousted; special electionsor succession Election Laws, Alberto C. Agra 9) Post-Proclamation: Annulment of Proclamation
Grounds: Proclamation based on irregular andillegal canvass Period to File: 10 days from proclamation Venue: Comelec Division Effect: Proclamation annulled Election Laws, Alberto C. Agra Election Laws, Alberto C. Agra
Thank you. Good luck. Election Laws, Alberto C. Agra