Election law Flashcards
What are the qualifications of voters?
- Filipino citizen
- At least 18 years old
- A resident of the Philippines for 1 year
- Resident of place where he proposed to vote for at least 6 months
- Not otherwise disqualified by law
Persons disqualified to vote
- Those convicted by a final judgment to suffer imprisonment for not less than 1 year, unless removed by plenary pardon or granted amnesty, but their rights are automatically reacquired upon expiration of 5 years after service of sentence
- Those adjudged by final judgment as having committed a crime involving disloyalty to government or any crime against national security, but their rights are reacquired upon expiration of 5 years after service of sentence
- Insane or incompetent persons
When does registration stop?
Period starting 120 days for regular elections and 90 days before a special election
How to challenge an application for registration?
- In writing stating the grounds
- Under oath and be attached to the application, together with proof of notice and hearing to the challenger and the applicant
- Must be filed not later than the second Monday of the month
- Hearing on the challenge shall be heard on the third monday of the month
How may PWDs apply for registration?
May register with the assistance of the Election officer or any member of an accredited citizen’s arms. Application for registration may be prepared by any relative within the 4th civil degree of consanguinity or affinity or by the Election officer or any member of an accredited citizen’s arms using the date supplied by the applicant.
How do you reactivate voting registration?
- Sworn application for reactivation of his registration through affidavit
- Not later than 120/90 days
- Submit application to the ERB
- Election officer shall retrieve the registration record from the inactive file and include it in the precinct of voters
- Local heads or representatives of political parties shall properly be notified on approved applications
Who has jurisdiction over petitions for inclusion and exclusion?
MTC
Who has the right to vote under local absentee voting system?
- Members of the AFP, PNP, Govt officers and employees
- Board of Election of Inspectors
- Members of the media
Who are deemed resigned upon the start of the campaign period?
Any elective official except president and vice president
Are appointive officials deemed resigned after filing their certificate of candidacy?
Yes
Are elective officers deemed resigned when they file their certificate of candidacy?
No. They are deemed resigned upon start of campaign period.
What are the grounds for substitution of a candidate?
- Death
- Withdrawal
- Disqualification
Who are prohibited from campaigning?
- Members of the board of election inspectors
- Civil service officers or employees
- Members of the military
- Foreigners
When does campaign period start for President and VP?
90 days before election
Start of campaign period for members of congress and local election?
45 days
Campaign start for barangay?
15 days
When are candidates and political parties required to file their statement of contribution and expenditures?
Not later than 30 days after the day of election
When may the COMELEC deny due course or cancel a certificate of candidacy?
- Nuisance candidate
- Where the certificate of candidacy contains falls material representations
When may a petition to deny or cancel a certificate of candidacy be filed for nuisance candidates?
Within 5 days from the last day for the filing of COC or, if a substitute, within 5 days from the time the substitute candidate filed his certificate of candidacy
When may a petition to deny or cancel a certificate of candidacy be filed for material representation?
Within 5 days from the last day of filing COC, but not later than 25 days from the time of filing of the COC of the subject petition or, if a substitute, within 5 days from the time the substitute candidate filed his certificate of candidacy
When may a petition for disqualification be filed?
Any day after the last day for filing of COC, but not later than the date of proclamation
What issues are covered by pre-proclamation controversies?
- Illegal composition of the Board of Canvassers (BOC) which exists when among other similar circumstances, any of the members do not possess legal qualifications and appointments
- Illegal proceedings of the BOC which exists when the canvassing is a sham or a mere ceremony, the results of which are pre-determined and manipulated:
a. Precipitate canvassing
b. Terrorism
c. Lack of sufficient notice to the members of the BOCs
d. Improper venue
Pre-proclamation controversies are allowed for National Offices in the ff. conditions:
- Matters relating to the composition or proceedings of the board of canvassers
- Determination of the Authenticity and due execution of certificate of canvas
- Correction of Manifest errors
Requisites for an election protest:
- Any candidate who has the 2nd or 3rd highest votes or in a multi-slot position was among the next four candidates following the last ranked winner duly proclaimed
- Must state a detailed specification of the acts or omissions complained of showing the electoral frauds, anomalies or irregularities in the protested precincts
- Election protest must be filed within 10 days from the proclamation of the election results
