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I. GENERAL PRINCIPLES

Suffrage- the right to vote

Election- means by which people chose theirofficials

Regular-one provided by law

Special- held to fill a vacancy in office

Theories on Suffrage

Natural right theory- suffrage is a natural andinherent right of every citizen

Social Expediency- suffrage is a public office orfunction

Tribal Theory- it is a necessary attribute ofmembership in the State

Feudal Theory- it is an adunct of a particular status

Ethical Theory- it is a necessary and essentialmeans for the development of society

Theory prevailing in the Philippines:Suffrage is bothprivilege and an obligation.

System of Eletion a!opte! in the Philippines!

Australian Systemstrict secrecy in balloting

Eletion Perio!:"# days before the day of the electionand shall end $# days thereafter

II. T"E C#$ELECComposition

%hairman and & commissioners Natural born Filipino %itizen

't least $( years of age

)olders of %ollege degree

*ust be members of the +hil, ar whohave been engaged in the practice oflaw for at least .# yrs,

'ppointed by the +res, /ith the consent of%ommission on 'ppointments -0 yrs w1oreappointment

No temporary or acting capacity allowed

En %an an! &ivision CasesIn Division

2 divisions

all election cases3 including pre-proclamationcontests

petition to cancel a certificate of candidacy

cases appealed from the RT% or *T%

petition for certiorari filed with the %ommissionfrom a decision of the RT% 4or *T%5

Exception!- The rule applies only when the

%6*E7E% exercises its adudicatoryor 8uasi-udicial functions3 not when itexercises purely administrativefunctions

En Banc

' petition of the correction of manifest errors

4administrative5 +rosecute cases of violation of election laws

4administrative5

+romulgation of rules concerning pleadingsand practice before it or before any of itsoffices3 but they must not diminish3 increase ormodify substantive rights.

The rules of

procedure of special courts and 8uasi-udicial bodies shall remain effectiveunless disapproved by the S%2

+rocedural rules in

election cases

Suspension of

reglementary periods provided by itsrules$

9nternal matters need

not be informed before the partiessubect to the procedure such asfingerprinting:

C#$ELEC !eisions revie'a(le (y the SC ;ecisions of

the %6*E7E% en banc may be brought oncertiorari under rule &( of RR%

*R as a re8uirement is fatal to thepetition filed before the S%

6nly thosewhich involve matters made in the exercise of itsadudicatory or 8uasi-udicial power may bebrought before the S%

Constitutional Po'ers an! )untions.5 Enforce and administer all laws and regulations

relative to the conduct of an election3 plebiscite3referendum or recall,-;efinitions!

a) 9nitiative(

i5 9nitiative on the %onstitution

1Sec. 6 Art IX-A2Sec. 5 (5) Art. VIII3Jaramilla vs. COMELEC!e"a#l$ri%a vs. COMELEC

8/12/2019 Reviewer Election Law

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ii59nitiative on Statutesiii5 9nitiative on 7ocal 7egislation

&) Referendum&

i5 Referendum on Statutesii5Referendum on 7ocal 7aw

c) Recall0

d5+lebiscite