ELECTION LAW Flashcards
Voters: Qualifications
Filipino Citizen
At least 18 years of age on election day
Resident in the Philippines for at least 1 year prior to election day
Resided in the place where he proposes to vote. for at least 6 months prior to election day
Free from Disqualifications
In order to vote, one must be a registered voter
Voters: Disqualifications
Sentenced by final judgment – imprisonment of 1 year or more
Sentenced to suffer accessory penalty – forfeiture of political rights
Adjudged by final judgment – crime involving disloyalty
Court-declared insane and incompetent persons
Voters: Opposition to registration (where , how, why)
Where to Oppose? Election Registration Board
How to Oppose? File Written Opposition
Why Oppose? Not Qualified, Fictitious
Voters: Deactivation of Registration
When Disqualified to Vote; Failed to Vote in 2 preceding elections
When Registration is Excluded by the Court
When Lose Filipino Citizenship
Voters: Inclusion/ Exclusion - Where to File?
MTC (not Comelec), —–then appeal to RTC
Voters: Inclusion/ Exclusion - GROUNDS
Grounds
a. Disapproval or Name Stricken Out (Inclusion);
b. Not Qualified or Voter Not Real (Exclusion)
ELECTION DAY - ILLEGAL VOTER GROUNDS
Not registered;
Use another name;
Disqualified;
Multiple Registrant
ELECTION DAY - ILLEGAL VOTER ILLEGAL ACT
a) Vote-Buying;
b) Vote-Selling;
c) Vote-Betting:
d) Promise to induce or withhold vote
Officials: Qualifications (Set by the Constitution (for national) and statutes (for local))
Citizenship
Age
Residency
Registered Voter
Literacy
Officials: Disqualifications
Lack qualifications/ possess some disqualifications
Violate Term Rule (
Commission of an election offense
Nuisance Candidate
Sentenced by Final Judgment – accessory penalty
Wilfully Commits Material Misrepresentation
No valid, timely and properly filed certificate of candidacy
Officials: Disqualifications…. WHERE / WHEN
Where to File: Comelec Division
When to File: Before Proclamation (Sunga v Comelec) (Bagatsing v. Comelec)
If Not, File: Quo Warranto
ELECTION OFFENSE : what
Vote-Buying, Terrorism, Unlawful
Expenditures, Unlawful Campaign,
Coercion of Subordinates, Threats,
Prohibition against Release of Public
Funds
election offense : where/ when
Where to File? Comelec Division
When to File? Before Proclamation
If Not Filed? Election Protest and/ or Election
Offense
Nuisance Candidate: who
1.to put the election process in mockery or disrepute; or
- to cause confusion among the voters by the similarity of the names; or
- in other circumstances which clearly demonstrate that the candidate has NO bona fide intention to run for the office and to prevent a faithful determination of the true will of the electorate.
campaign : def
: Act designed to promote or defeat a candidate
Campaign: Allowable Forms
Forming Organizations
Holding Rallies
Making Speeches
Distributing Campaign Materials
Soliciting Votes
Publishing Advertisements
Quo Warranto: what
An action for the usurpation of a public office, position or franchise
Quo Warranto: who can file
Government or Individual
quo warranto: against whom ?
(a) A person who usurps, intrudes into, or unlawfully holds or exercises a public office, position or franchise;
(b) A public officer who does or suffers an act which, by the provision of law, constitutes a ground for the forfeiture of his office; or
(c) An association which acts as a corporation within the Philippines without being legally incorporated or without lawful authority so to act.
Election Protest: grounds/ docs in question
Grounds: Fraud and Irregularities in Casting, Counting and Canvassing
Documents in Question: Ballots, ERs and CoCs
election protest: requirements
Requirements:
Filed by candidate; Within period;
Protestee proclaimed; Payment of filing fee; Allegations of fraud;
Identify precincts;
Verified;
Certificate of non-forum shopping
Post-Proc: Election Offense.. grounds / venue / effect
Grounds: Violation of Election Code, commission of Prohibited Acts
Venue: Regional Trial Court
Effect: Disqualification, Fine/ Imprisonment
Post-Proc: ANNULMENT e.. grounds / venue / effect
Grounds: “Proclamation based on irregular and illegal canvass
Venue: Comelec Division
Effect: Proclamation annulled
