ELEC LAW Flashcards
the right to vote in the election of officers chosen by the people in the determination of questions submitted to the people.
Suffrage
The submission of constitutional amendments of important legislative measures to the people for ratification
Plebiscite
The power of the people to propose amendments of important legislative measures to the people for ratification.
Initiative
The power of the electorate to approve or reject national or local legislation through an election called for the purpose
Referendum
The termination of official relationship of a local elective official for loss of confidence prior to the expiration of his term through the will of the electorate
Recall
the means by which the people choose their officials for a definite and fixed period and to whom they entrust for the time being the exercise of the powers of government.
Election
One provided by law for the election of officers either nationwide or in certain subdivisions thereof, after the expiration of the term of the former officers
Regular
One held to fill a vacancy before the expiration of the term for which the incumbent was elected.
Special
Suffrage is both a ____________ and __________
Privilege, Obligation
A system for securing the secrecy and sanctity of ballots.
Automated Election System (RA No. 8436)
Addressed the need for overseas Filipinos to be able to vote in the Philippine elections.
Overseas Absentee Voting Act of 2001 (RA No. 9189)
Unless otherwise fixed by COMELEC on special cases, the election period shall commence ___ days before the day of the election and shall end ___ days thereafter.
90, 30
A voter who is illiterate or physically unable to prepare the ballot by himself may be assisted in the preparation of his ballot by a relative, by affinity or consanguinity within the _________ civil degree; provided that no vote shall be allowed as such unless indicated in his registration record; provided, that in no case shall an assistor assist more than three times expect the members of the board of election inspectors.
fourth
Suffrage may be exercised by all citizens of the
Philippines not otherwise disqualified by law, who are at least ___________ years of
age, and who shall have resided in the Philippines for at least ______ year and in the
place wherein they propose to vote for at least ____ months immediately preceding
the election. No __________,__________, or other substantive requirement shall be
imposed on the exercise of suffrage
eighteen, one, six
Any person sentenced by _______ judgment to suffer imprisonment for not less
than ____ year (unless granted a plenary pardon or an amnesty); but right is
reacquired upon the expiration of ___ years after service of sentence.
final, one, 5
Registration does not confer the right to vote; it is but a condition precedent to the exercise of the right. Registration is a ____________, not a
qualification
regulation
an independent administrative tribunal, co-equal with other departments in res pect to powers vested in it.
COMELEC
CONSTITUTIONAL POWERS AND DUTIES OF COMELEC
1) ENFORCE and ADMINISTER, all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum or recall.
3 )DECIDE, save those involving the right to vote,
4) DEPUTIZE, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government, including Armed Forces of the Philippines, for the exclusive purpose of ensuring free
5) REGISTER, after sufficient publication, political parties, organizations and coalitions which must present their platform or program of government; and accredit citizen’s arms of the COMELEC.
6) FILE, upon a verified complaint, or on its own initiative, petitions in case of inclusions and exclusions of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election fraud, offenses and malpractices.
7) RECOMMEND, to 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 candidates.
8) SUBMIT, to the President and Congress a comprehensive report on the conduct of each election, plebiscite, initiative, referendum and recall.
An organized group of citizens advocating an ideology or platform, principles and policies for the general conduct of the government which regularly nominates and supports certain of its leaders and members as candidates for public office.
Political Party
An organized group of citizens belonging to any of the sectors whose principal advocacy pertains to the special interest and concerns of their sector.
May either be “marginalized and underrepresented” or “lacking in well-defined political constituencies
Sectoral Party
Either a political party or a sectoral party
Party
STATUTORY POWERS OF THE COMELEC (Sec. 52 and 57 of B.P. 881)
- Exercise supervision and control over all officials required to perform election duties;
- Promulgate rules and regulations;
- Punish contempt;
- Inquire to financial records of candidates;
- Prescribe forms to be used in the elections;
- Secure supplies and material needed for the election; and
- Power to declare failure of election.
No candidate can be held liable for premature campaigning because he shall be considered a candidate only at the start of the campaign period
Unlawful acts or omissions applicable to a candidate shall take effect only upon the start of the aforesaid campaign period
Lanot doctrine
Refers to material matters in order to justify the cancellation of COC
False Representation
Refers to qualifications for elective office, e.g. residency, age, citizenship, or any other legal qualifications
File a Petition to deny due course or to cancel a COC under Sec. 78, BP 881
Material misrepresentation
Refers to an act designed to promote the election or defeat of a particular candidate or candidates to public office (Sec. 79, BP 881)
Election campaign or Partisan political activity
Any political party or candidate shall notify the election registrar of any public rally said political party or candidate intends to organize or hold, and within seven days thereafter submit to the election registrar a statement of expenses incurred in connection therewith (Sec. 88, BP 881)
Public rally
_________________, the voter may file with the Election Officer a sworn statement for reactivation of his registration in the form of the affidavit stating that the grounds for deactivation no longer exist any time be not later than _______ days before a regular election and _________days before a special election.
Reactivation of registration, 120, 90
Grounds for deactivation of registration, same as the grounds under BP 881. Additional grounds:
i. Failure to vote by two successive preceding regular elections;
ii. Loss of Filipino citizenship.
