Election Law Flashcards
Residency: Domicile
the place where a party actually or constructively has his permanent home. Where he/ she no matter where he may be found at a given time intends to return and remain
Change of Domicile
must demonstrate an:
- Actual removal or an actual change of domicile
- Bona Fide Intention of abandoning the former place of residence and establishing a new one
- definite acts which correspond with the purpose
Citizenship Requirement
National - must be natural born
Local Elective - naturalized citizen allowed
Citizenship Retention and Reacquisition Act of 2003
Natural born citizens of the Philippines who have lost their Philippine Citizenship by reason of their naturalization as citizens of a foreign country can seek elective office provided they re-acquire Philippine Citizenship by taking the oath of allegiance to the Republic prescribed under the Citizenship Retention and Reacquisition Act of 2003, and make a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath.
Who are disqualified to run for public office
- Person declared by competent authority insane or incompetent
- Permanent resident to or immigrant to a foreign country unless he waives such status
- Any person sentenced by final judgement for any of the following offenses:
a) Insurrection
b) Rebellion
c) Offenses which he was sentenced to penalty for more than 18 months
d) Crimes involving moral turpitude
Grounds for Disqualification pursuant to the Local Government Code
- Sentenced by final judgment for an offense involving moral turpitude or an offense punishable by imprisonment for at least one year, within 2 years after service of sentence.
- Those removed from office as a result of an administrative case
- Those convicted by final judgment for violating his oath of allegiance to the republic.
4.Those with dual citizenship
Fugitives from justice in criminal or non-political cases.
- Permanent residents in foreign country or those who have the right to reside abroad and continue to avail of it.
- The insane or feeble-minded.
Effect of Re-election on administrative liability - Carpio-Morales vs Binay
The concept of public office is a public trust and the corollary requirement of accountability to the people at all times, as mandated under the 1987 Constitution, is plainly inconsistent with the idea that an elective local official’s administrative liability for a misconduct committed during a prior term can be wiped off by the fact that he was elected to a second term of office, or even another elective post. Election is not a mode of condoning an administrative offense, and there is simply no constitutional or statutory basis in our jurisdiction to support the notion that an official elected for a different term is fully absolved of any administrative liability arising from an offense done during a prior term.
Nuisance Candidate
one who has no bona fide intention to run for the office for which the certificate of candidacy has been filed, his/her sole purpose being the reduction of the votes of a strong candidate, upon the expectation that the ballots with only the surname of such candidate will be considered strayed and not counted for either of them. To make a mockery of the election or to confuse the voters
Substitution of Candidate
– If after the last day for filing certificates, a candidate dies, withdraws or is disqualified, he may be substituted by a person belonging to his party not later than mid-day of election day.
a) Is not allowed if the certificate of the candidate to be substituted is cancelled.
b) disqualified on the ground of material misrepresentation
c) An independent candidate who joined the party of a disqualified candidate may be nominated as his substitute even if he joined the party only after the disqualification
Election Campaign/Partisan Political Activity
refers to any act designed to promote the election or defeat of a particular candidate or candidates to a public office.
Qualification of Voters
- Filipino Citizen
- At least 18 years old on election day
- Resident of the Philippines for at least one year immediately before the election.
- Resident of the City or Municipality where he proposes to vote at least six months immediately before election.
Disqualification of Voters
- Sentenced by final judgment to imprisonment of at least 1 year.
- Insanity or incompetence declared by competent court.
- Conviction by final judgment of any of the following crimes:
a) Crime involving disloyalty to the government, such as rebellion or sedition
b) Firearms law
c) Crimes against national security
Absentee Voting
refers to the process by which qualified citizens of the Philippines abroad exercise their right to vote
Failure of Election
If on account of Force Majeure, violence, fraud, or other analogous cause, election in any precinct was not held or was suspended, or if during the preparation and transmission of the election returns or in the custody or canvass of election returns, the election results in failure of election and the election will affect the outcome of the election, on petition of any interested party, COMELEC shall hold special election no later than 30 days after the cessation of the cause. For the declaration of failure of election the illegality must affect more than 50% of the votes cast and the good votes must be distinguishable from the bad ones.
Jurisdiction over petitions for disqualification:
- Elective Brgy. Officials filed before the election – municipal or metropolitan trial courts
Also includes petitions for quo warranto and election protests. - Petitions for disqualification of municipal, provincial, city, congressional, senatorial, vice presidential and presidential officials filed before the elections.
- After the elections – congressional, senatorial, vice presidential and presidential candidates – election protest or quo warranto may be filed within 10 days after proclamation with the corresponding electoral tribunals.
Any decision, order or ruling of the COMELEC en banc in the exercise of its quasi-judicial functions may be brought to the Supreme Court on Certiorari under Rules 64 and 65 of the Revised Rules of Court within 30 days from receipt of a copy thereof.
