CONSTI Comelec natira

Question 1

A manifest error meaning

Answer 1

is one that is visible to the eye or obvious to the understanding; that which is open, palpable, incontrovertible, needing no evidence to make it more clear

Question 2

The popular vote does not cure the inelegibility of a candidate. Why?

Answer 2

It emphasized that the ballot cannot override the constitutional and statutory requirements for qualifications and disqualifications of candidates.

Question 3

A failure of election may be declared only in the three instances:

Answer 3

1. The election has not been held
2. the election has been suspended before the hour fixed by law
3. and the preparation and the transmission of the election returns have given rise to the consequent failure to elect, meaning nobody emerged as the winner

Force majeur, violence, terrorism, fraud or other analogous causes.

Question 4

before the COMELEC can grant a verified petition seeking to declare a failure of election, the concurrence of 2 conditions must be established:

Answer 4

1. no voting has taken place in the precints concearned on the date fixed by law or, even if there was voting, the election nevertheless resulted in a failure to elect
2. the votes cast would affect the result of the election

Question 5

The only time that a second placer is allowed to take the place of a disqualified winning candidate is when two requisites concur, namely:

Answer 5

1. The candidate who obtained the highest number of votes is disqualified;
2. The electorate was fully aware in fact and in law of that candidate’s disqualification as to bring such awareness within the realm of notoriety but the electorate still cast the plurality of the votes in favor of the inelegible candidate

The phrase “within the realm of notoriety” refers to something that is widely known or famous, but often for negative reasons. When something falls “within the realm of notoriety,” it is recognized by many people, usually due to a scandal, controversy, or some infamous action.

Labo case, the disqualification of the candidate had not become final before the elections.

Question 6

Section 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. What is the reason for such grants?

Answer 6

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

The reason is that such grants, especially those dealing with transportation and communication, can be used to improper advantage by political parties or candidates to the detriment of their rivals who may not be enjoying the privileges. Thus, radio or television time can be alloted unfairly or transportation facilities monopolized by certain candidates only unless the commission on Elections interposes its supervisory or regulatory powers.

Question 7

Newspaper Case

pp 791 Book

Answer 7

The SC declared as unconstitutional. It held that the compulsory donation was a taking of private property without payment of the just compensation required in expropriation cases. Moreover, the respondent had not established the necessity of the taking, considering that the newspapers were not unwilling to sell advertising space, let alone its own authority to expropriate.

Question 8

Radio and television case. a law requiring radio and television stations to give free air time to the COMELEC to enable it to broadcast information regarding candidates constitute a valid regulation by the state on the use of its air waves.

pp 791 book

Answer 8

SC considered said law to be a valid exercise of the police power.

It nevertheless ruled that it cannot exercise its powers without limitations, or reasonable basis. It does have discretion, but such discretion is something that must be exercised within the bounds and intent of the law.

Question 9

How about the change done by the COMELEC in computing the airtime allowed candidates and political parties referred to as its rule on aggregate-based airtime limits

Answer 9

SC held, for being unreasonable and arbitrary as it unduly restricts and constrains the ability of candidates and political parties to reach out and communicate with the people

Question 10

How about the disclosure of the names of the those who commission or pay the election surveys?

Answer 10

SC, requirement is a valid regulation in the exercise of police power and effects the constitutional policy of guarantee equal access to opportunities for public service.

Question 11

how about the posting of election material on vehicles used for public transport or transport terminals, both of which are owned by private persons.

Answer 11

The court pronounced that the COMELECS constitutionally delegated powers of supervision and regulation do not extend to the ownership per se of PUVS and transport terminals, but only to the franchise or permit to operate the same.

SC therefore invalidated said prohibition, stressing that the posting of election campaign material on vehicles used for public transport or on transport terminals is not only a form political expression, but also an act of ownership. It has nothing to do with the franchise or permit to operate the PUV or transport terminal. The ownership of transport terminals, even if made available for use by the public commuters, likewise remains private

Question 12

Section 2, subsection 1 the objective of enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiativ, referendum and recall

Answer 12

To achieve the objective of holding free, orderly, honest, peaceful and credible elections.

Question 13

Instances when a substitution may be made namely:

Answer 13

1. When the nominee dies
2. when the nominee withdraws his nomination in writing
3. When he becomes permanently incapacitated to continue as such

Question 14

To give more teeth to its authority to enforce and administer election laws, the present Constitution reiterates the requirement that no pardon, amnesty, parole or suspension of sentence for the violation of election laws, rules and regulations shall be granted by the president without the favorable recommendatin of the Comission this rule, significantly, now covers even violations of administrative rules and regulations concerning elections.

Answer 14

Without this provision, persons covicted of election offenses committed by them for the benefit ot the party might be undersevedly relieved of their penalties by a grateful administration

Question 15

The exclusive power of the Commission on Elections to investigate and prosecute cases of violations of election laws derive from?

Answer 15

Omnibus Election Code.

Question 16

Under Section 265 of the Omnibus Election Code, the COMELEC, through its duly authorized legal officers, has the exclusive power to conduct a preliminary investigation of all election offenses punishable under the Omnibus Election Code, and to prosecute the same, it may however avail itself of the assistance of other prosecuting arms of the government. Example:

Answer 16

It is clear that the Chief State Prosecutor, all Provincial and City Fiscals, and/or their respective assistants have been given continuing authority, as deputies of the commission, to conduct preliminary investigation of complaints involving election offenses under the election laws and to prosecute the same. Such authority may be revoked or withdrawn anytime by the COMELEC, either expressly or impliedly, when it its judgment such revocation or withdrawal is necessary to protect the integrity of the process to promote the common good, or where it believes that successful prosecution of the case can be done by COMELEC

Question 17

The Supreme Court acknowledged that complaints for violations of election laws may be filed either

Answer 17

with the Commission of Elections or with the DOJ and that it may even initiate, motu proprio, complaints for election offenses.

Question 18

Pursuant to law and the Comelec’s own Rules, investigations may be conducted either by the COMELEC itself through its law department or through

Answer 18

the prosecutors of the DOJ, which has been further acknowledged to possess, along with other prosecuting arms of the government, not only a mere delagated authority but, concurrent jurisdiction with the Commission on Elections to conduct preliminary investigation of all election offenses and to prosecute the same. Indeed, this concurrent jurisdiction may even be exercised jointly by the Commission and the Department of Justice.

Concurrent jurisdiction occurs when two or more courts from different legal systems have the authority to hear and decide on the same case. This can happen in various contexts, such as state and federal courts in the United States or different levels of courts within a country’s judicial system.

Whereby the resolutions of the Joint Committee finding probable cause for election offenses shall still be approved by the Comelec in accordance with the Comelec Rules of Procedure. Due to Comelec’s independence enshrined in the Constitution.

Question 19

Distinguished between the electoral and criminal aspects of disqualification case.

Answer 19

The electoral aspect of a disqualification case determines whether the offender should be disqualified from being a candidate or from holding office. Proceedings are summary in character and require only clear preponderance of evidence. An erring candidate may be disqualified even without prior determination of probable cause in a preliminary investigation. The electoral aspect may proceed independently of the criminal aspect.

The criminal aspect of a disqualification case determines whether there is probable cause to charge a candidate for an election offense. The prosecutor is the COMELEC, through its Law Department, which determines whether probable cause exists. If there is probable cause, the COMELEC, through its Law Department, files the criminal information before the proper court. Proceedings before the court demand a full-blown hearing and require proof beyond reasonable doubt to convict . A criminal conviction shall result in the disqualification of the offender, which may even include disqualification from holding a future public office

Question 20

Determination of the myriad/countless administrative details relating to the conduct of the elections is the responsibility of the COMELEC. Thus,

Answer 20

• it ascertains the establishment of precints,
• the designation of polling places,
• the purchase of election paraphernalia,
• the appointment of election officials,
• the registration of voters,
• and the conduct of elections in general.

Question 21

Is canvassing of votes purely ministerial or quasi-judicial

Answer 21

It declared that its investigation of reports on electoral fraud was a fact-finding act relevant to its quasi-judicial power.

Contempt power conferred upon the COMELEC by law was an inherently judicial prerogative and could not be exercised by it in connection with the discharge of its purely routinary or administrative duties, ad distinguished from its quasi judicial duties

Question 22

The Commission on Elections shall exercise the following powers and functions: Deputize, with the concurrence of the President

Answer 22

• 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.

Question 23

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.

Answer 23

It is stressed that this power may be exercised only with the consent of the President, or negatively stated, may not be exercised without his permission.

The commission may merely 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 decision, order, or directive.

The commission cannot exercise direct diciplinary authority over them

Question 24

Instance where the COMELEC, although expressly declared to be independent by the Constitution, is subordinated to the President.

Answer 24

It is stressed that this power may be exercised only with the consent of the President, or negatively stated, may not be exercised without his permission.

The commission may merely 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 decision, order, or directive.

The commission cannot exercise direct diciplinary authority over them

Question 25

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

Why is it necessary?

Answer 25

Registration of political parties is necessary to give them political identity and juridical personality for purposes of the elections where they present their programs and platforms of government for the information of the electorate whose support they are seeking as otherwise the voters may not properly and intelligently exercise their suffrages.

This rule will also enable the Commission to determine if the party seeking registration is not entitled thereto because it is a religous group, or is subversive in nature or purpose or does not recognize the constitution, or is being supported by a foreign government

Question 26

Registration of political parties is necessary: 2 reasons

Answer 26

1. Registration of political parties is necessary to give them political identity and juridical personality for purposes of the elections where they present their programs and platforms of government for the information of the electorate whose support they are seeking as otherwise the voters may not properly and intelligently exercise their suffrages.
2. enable the Commission to determine if the party seeking registration is not entitled thereto because it is a religous group, or is subversive in nature or purpose or does not recognize the constitution, or is being supported by a foreign government

Question 27

The power of the Commission on Elections to register political parties and ascertain the eligibility of groups to participate in the elections is purely what character?

Answer 27

Administraive character (it means that it pertains to the management and execution of policies, procedures, or regulations.) In exercising this authority, it only needs to assess whether the party or organization seeking registration or accreditation possesss all of the qualifications and none of the disqualifications, and whether or not i has complied with all of the requirements for accreditation or registration under the law.

Magdalo case V COMELEC - Its evaluation was limited only to examining whether magdalo possessed all these necessary qualifications and none of disqualifications for registration as a political party. The COMELEC only had to assess whether there was substantial evidence adequate to support this conclusion

Question 28

It is established that to join electoral contests, a party or organization must undergo the two-step process of

Answer 28

registration and accreditation

Question 29

A political coalition is an alliance formed between different political parties or groups to achieve a common goal or to gain a majority in a legislative body. These coalitions are often temporary arrangements designed to combine resources and influence in order to pass legislation, form a government, or achieve specific political objectives. Example?

Answer 29

Makabayan is a political coalition of eight Philippine progressive parties, including Bayan Muna, Anakpawis, Gabriela, ACT Teachers and Kabataan.

Question 30

In distinguishing between a political party and sectoral party

Answer 30

Political party refers to an organized group of citizens advocating an ideology or platform, principles and policies for the general conduct of government while a sectoral party refers to an organized group of citizens belonging to any of the sectors enumerated in section 5 hereof whose principal advocacy pertains to the special interest and concerns of their sector.

Sec. 5. Registration. – Any organized group of persons may register as a party, organization or coalition for purposes of the party-list system by filing with the COMELEC not later than ninety (90) days before the election a petition verified by its president or secretary stating its desire to participate in the party-list system as a national, regional or sectoral party or organization or a coalition of such parties or organizations, attaching thereto its constitution, by-laws, platform or program of government, list of officers, coalition agreement and other relevant information as the COMELEC may require: provided, that the sectors shall include labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals.The COMELEC shall publish the petition in at least two (2) national newspapers of general circulation.The COMELEC shall, after due notice and hearing, resolve the petition within fifteen (15) days from the date it was submitted for decision but in no case not later than sixty (60) days before election.

Question 31

Sec. 5. Registration. – Any organized group of persons may register as a party, organization or coalition for purposes of the party-list system by filing with the COMELEC not later than ninety ( ) days before the election a petition verified by its president or secretary stating its desire to participate in the party-list system as a national, regional or sectoral party or organization or a coalition of such parties or organizations, attaching thereto its constitution, by-laws, platform or program of government, list of officers, coalition agreement and other relevant information as the COMELEC may require: provided, that the sectors shall include labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals.The COMELEC shall publish the petition in at least two ( ) national newspapers of general circulation.The COMELEC shall, after due notice and hearing, resolve the petition within fifteen () days from the date it was submitted for decision but in no case not later than sixty (60) days before election.

Answer 31

90,2,15,60

Question 32

Under section 6, The commission may motuproprio or upon verified complaint of any interested party, refuse or cancel, after due notice and hearing, the registration of any national, regional or sectoral party, organization or coalition.

Sec. 6. Removal and/or Cancellation of Registration. – The COMELEC may motu proprio or upon verified complaint of any interested party, remove or cancel, after due notice and hearing, the registration of any national, regional or sectoral party, organization or coalition on any of the following grounds:

Answer 32

It is a religious sect or denomination, organization or association organized for religious purposes;It advocates violence or unlawful means to seek its goal;It is a foreign party or organization;

It is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes;

It violates or fails to comply with laws, rules or regulations relating to elections;

It declares untruthful statements in its petition;

It has ceased to exist for at least one (1) year; or

It fails to participate in the last two (2) preceding elections or fails to obtain at least two percentum (2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered.

Question 33

To refuse or cancel meaning

Answer 33

To refuse is to decline or to turn down, while to cancel is to annul or remove

Question 34

refusal of registration and cancellation happens during?

Answer 34

Refusal of registration happens during the inceptive stage when an organization seeks admission into the roster of COMELEC-registered party-list organizations through a petition for registration

The term “inceptive stage” refers to the initial or beginning phase of a process, project, or development. This stage is characterized by the inception or start of activities aimed at achieving a specific goal.

Cancellation on the other hand, takes place after the fact of registration when an inquiry is done by the COMELEC, motu proprio or upon a verified complaint, on whether a registered party-list organization still holds the qualifications imposed by law.

Refusal is handed down to a petition for registration while cancellation is decreed on the registration itself after the petition has been approved

Question 35

for the comelec to validly exercise its statutory power to cancel the registration of a party-list group the law imposes only two conditions:

Answer 35

1. Due notice and hearing
2. Enumerated grounds for disqualification in section 6

Sec. 6. Removal and/or Cancellation of Registration. – The COMELEC may motu proprio or upon verified complaint of any interested party, remove or cancel, after due notice and hearing, the registration of any national, regional or sectoral party, organization or coalition on any of the following grounds:It is a religious sect or denomination, organization or association organized for religious purposes;It advocates violence or unlawful means to seek its goal;It is a foreign party or organization;

It is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes;

It violates or fails to comply with laws, rules or regulations relating to elections;

It declares untruthful statements in its petition;

It has ceased to exist for at least one (1) year; or

It fails to participate in the last two (2) preceding elections or fails to obtain at least two percentum (2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered.

Question 36

The commisions power to register political parties include:

Answer 36

• The ascertainment of the identity of the political parties
• Determination of the persons who must act on its behalf
• resolve an intra-party leadership dispute,

Question 37

Intra party matters case

Answer 37

It held that these findings already touch upon the qualification requiring a party-list nominee to be a bona fide member of the party-list group sought to be represented. It explained that the petitioners expulsion from his party, which necessarily affects his title as member of COngress and therefore properly falls under the exclusive authority of the HRET and cannot be covered as contended by COMELEC by the rule that it can decide intra-party matters as an incident of its constitutionally granted powers and functions.

Question 38

Goons and gold

Answer 38

To reverse this situation, the Omnibus Election Code has expanded the list of prohibited election practices, changed the limitations of the expenses to be incurred by political parties or candidates, allows the COMELEC to refuse to give due course to certificates of nuissance candidates and assures equal treatment for all candidates, privileged or not.

The required report can be the basis of legislation that may improve the conduct of future elections

Question 39

Election period starts at?

Answer 39

Section 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.

The new election period is more realistic because it allows for the completion of the electoral process within 30 days after the election

Question 40

Election period may be extended? example

Answer 40

yes, it is valid, as it was issued pursuant to the comelec’s valid exercise of its rule making power

It is not merely a statutory but a constitutionally granted power of the constitution and does not amount to an encroachment on legislative prerogative.

Special cases, special election for the president within 7 days after the occurence of the vacancy and not earlier than 45 nor later than 60 days from such call

Question 41

campaign period

Answer 41

cannot extend beyond election day and, in fact under present law, ends two days before the election

Question 42

when does person who files his certificate of candidacy within the filing period shall only be considered a candidate

Answer 42

at the start of the campaign period for which he filed his certificate of candidacy and that any unlawful act or omission applicable to a candidate shall take effect only upon the start of the campaign period