Golden Notes Flashcards
What is an election?
It is the selection of candidates to public office by popular vote of the people.
When will the election period commence?
The election period shall commence 90 days before the day of the election and shall end 30 days thereafter. (Sec. 3, B.P. 881 Omnibus Election Code)
Q: What is the purpose of an election?
To give the voters a direct participation in the affairs of their public officials or in deciding some questions of public interest. (Luna v. Rodriguez, G.R. No. L‐13744, November 29, 1918)
What is the right of suffrage?
It is the right to vote in the election of officers chosen by the people and in the determination of questions submitted to the people. It includes:
1. Election
2. Plebiscite
3. Initiative and
4. Referendum
Is the right of suffrage absolute?
No. Needless to say, the exercise of the right of suffrage, as in the enjoyment of all other rights, is subject to existing substantive and procedural requirements embodied in our Constitution, statute books and other repositories of law. (AKBAYAN‐YOUTH v. COMELEC, G.R. No. 147066, March 26, 2001)
What are the qualifications for suffrage?
A:
1. Filipino citizenship
2. At least 18 years of age
3. Resident of the Philippines for at least one year
4. Resident of the place where he proposes to vote for at least 6 months;
and
5. Not otherwise disqualified by law (Sec. 9, R.A. No. 8189)
What are the procedural qualifications?
As to the procedural limitation, the right of a citizen to vote is necessarily conditioned upon certain procedural requirements he must undergo: among others, the process of registration. Specifically, a citizen in order to be qualified to exercise his right to vote, in addition to the minimum requirements set by the fundamental charter, is obliged by law to register, at present, under the provisions of Republic Act No. 8189, otherwise known as the “Voter’s, Registration Act of 1996.”(Akbayan‐Youth v. COMELEC, G.R. No. 147066, Mar. 26, 2001)
Who are disqualified to vote?
- Persons sentenced by final judgment to suffer imprisonment for not less than one year, unless pardoned or granted amnesty; but right is reacquired before expiration of 5 years after service of sentence
- Conviction by final judgment of any of the following crimes:
a. Crime involving disloyalty to the government
b. Any crime against national security
c. Firearms laws
But right is reacquired before expiration of 5 years after service of sentence. - Insanity or incompetence declared by competent authority (Sec. 118, B.P. 881 Omnibus Election Code)
Does registration confer the right to vote?
No. It is but a condition precedent to the exercise of the right to vote. Registration is a regulation, not a qualification. (Yra v. Abano, G.R. No. L‐30187, November 15, 1928)
What is the effect of transfer of residence?
Any person, who transfers residence solely by reason of his occupation, profession or employment in private or public service, education, etc., shall not be deemed to have lost his original residence. (Asistio v. Aguirre, G.R. No. 191124, April 27, 2010)
What is domicile?
A place to which, whenever absent for business or for pleasure, one intends to return, and depends on facts and circumstances in the sense that they disclose intent. (Romualdez‐ Marcos vs. COMELEC, G.R. No. 119976, Sept. 18, 1995)
What is residence for election purposes?
A: It implies the factual relationship of an individual to a certain place. It is the physical presence of a person in a given area, community or country. For election purposes the concepts of residence and domicile are dictated by the peculiar criteria of political laws. As these concepts have evolved in our election law, what has clearly and unequivocally emerged is the fact that residence for election purposes is used synonymously with domicile. (Ibid.)
Petitioner ran congressman of the First District of Laguna. In his CoC, he indicated that his complete/exact address is in Sta. Rosa City, Laguna. Vicente sought the cancellation of petitioner’s COC and the latter’s disqualification as a candidate on the ground of an alleged material misrepresentation in his CoC regarding his place of residence, because during past elections, he had declared Pagsanjan, Laguna as his address, and Pagsanjan was located in the Fourth District of Laguna and that Vicente is merely leasing a property in his alleged Sta.Rosa residence. Does the constitution require that a candidate be a property owner in the district where he intends to run?
No. Although it is true that the latest acquired abode is not necessarily the domicile of choice of a candidate, there is nothing in the Constitution or our election laws which require a congressional candidate to sell a previously acquired home in one district and buy a new one in the place where he seeks to run in order to qualify for a congressional seat in that other district. Neither do we see the fact that Vicente was only leasing a residence in Sta. Rosa at the time of his candidacy as a barrier for him to run in that district. Certainly, the Constitution does not require a congressional candidate to be a property owner in the district where he seeks to run but only that he resides in that district for at least a year prior to Election Day. To use ownership of property in the district as the determinative indicium of permanence of domicile or residence implies that only the landed can establish compliance with the residency requirement. This Court would be, in effect, imposing a property requirement to the right to hold public office, which property requirement would be unconstitutional.
Who is a double‐registrant?
Any person who, being a registered voter, registers anew without filing an application for cancellation of his previous registration. (Sec. 26 (y)(6), Omnibus Election Code)
Maruhom registered as a voter in Marawi on 26 July 2003. Only three days after, Maruhom again registered as a voter in Marantao, without first canceling her registration in Marawi; and on 28 March 2007, Maruhom filed her COC declaring that she was a registered voter in Marantao and eligible to run as a candidate for the position of mayor of said municipality. Is she still qualified to run for such position in Marantao?
No. Her prior registration makes her subsequent registration null and void. She cannot be considered a registered voter in Marantao and thus she made a false representation in her COC when she claimed to be one. If a candidate states a material representation in the COC that is false, the COMELEC is empowered to deny due course to or cancel the COC. The person whose COC is denied due course or cancelled under Section 78 of the OEC is not treated as a candidate at all, as if such person never filed a COC. However, although Maruhom’s registration in Marantao is void, her registration in Marawi still subsists. She may be barred from voting or running for mayor in the former, but she may still exercise her right to vote, or even run for an elective post, in the latter. (Maruhom v. COMELEC, G.R. No. 179430, July 27, 2009)
Are double registrants still qualified to vote?
Yes, double registrants are still qualified to vote provided that COMELEC has to make a determination on which registration is valid and which is void. COMELEC could not consider both registrations valid because it would then give rise to the anomalous situation where a voter could vote in two precincts at the same time. COMELEC laid down the rule in Minute Resolution No. 00‐ 1513 that while the first registration of any voter subsists, any subsequent registration thereto is void ab initio. (Maruhom v. COMELEC, G.R. No. 179430, July 27, 2009)
Y filed a petition for the cancellation of the certificate of candidacy (COC) of X. Essentially, Y sought the disqualification of X for Mayor of South Upi, Maguindanao, alleging, that X was not a registered voter in the Municipality of South Upi, Maguindanao since he failed to sign his application for registration, and that the unsigned application for registration has no legal effect. In refutation, X asseverated that his failure to sign his application for registration did not affect the validity of his registration since he possesses the qualifications of a voter set forth in the Omnibus Election Code as amended by Section 9 of Republic Act 8189. Y insists that the signature in the application for registration is indispensable for its validity as it is an authentication and affirmation of the data appearing therein. Should X be disqualified
Yes. R.A. 8189, The Voter’s Registration Act of 1996, specifically provides that an application for registration shall contain specimen signatures of the applicant as well as his/her thumbprints, among others. The evidence shows that X failed to sign very important parts of the application, which refer to the oath which X should have taken to validate and swear to the veracity of the contents appearing in the application for registration. Plainly, from the foregoing, the irregularities surrounding X’s application for registration eloquently proclaims that he did not comply with the minimum requirements of RA 8189. This leads to only one conclusion: that X, not having demonstrated that he duly accomplished an application for registration, is not a registered voter. Hence, he must be disqualified to run for Mayor. (Gunsi Sr. v. COMELEC, G.R. No. 168792, Feb. 23, 2009)
A”, while of legal age and of sound mind, is illiterate. He has asked your advice on how he can vote in the coming election for his brother is running for mayor. This will be the first time “A” will vote and he has never registered as a voter before. What advice will you give him on the procedure he needs to follow in order to be able to vote?
The Constitution provides that until Congress shall have provided otherwise, illiterate and disabled voters shall be allowed to vote under existing laws and regulations (Art, V, Sec. 2). It is necessary for any qualified voter to register in order to vote. (Omnibus Election Code, Sec. 115) In the case of illiterate and disabled voters, their voter’s affidavit may be prepared by any relative within the fourth civil degree of consanguinity or affinity or by any member of the board of election inspectors who shall prepare the affidavit in accordance with the data supplied by the applicant. (Sec. 14, R.A. No. 8189)
What is the system of continuing registration?
GR: It is a system where the application of registration of voters shall be conducted daily in the office hours of the election officer during regular office hours.
XPN: No registration shall be conducted during the period starting 120 days before a regular election and 90 days before a special election (Sec. 8, R.A. 8189)
On Nov. 12, 2008 respondent COMELEC issued Resolution 8514 set Dec. 2, 2008 to Dec.15, 2009 as the period of continuing voter registration using the biometrics process in all areas except ARMM. Subsequently COMELEC issued Resolution 8585 on Feb. 12, 2009 adjusting the deadline of voter registration for the May 10, 2010 national and local elections to Oct. 31, 2009 instead of Dec. 15, 2009 as previously fixed by Resolution 8514. Petitioners challenge the validity of COMELEC Resolution 8585 and seek the declaration of its nullity. Petitioners further contend that the COMELEC Resolution 8585 is an unconstitutional encroachment on the legislative power of Congress as it amends the system of continuing voter registration under Section 8 of RA 8189. Is COMELEC Resolution 8585 valid? Differentiate from the case of Akbayan‐Youth v. COMELEC?.
A: In the present case, the Court finds no ground to hold that the mandate of continuing voter registration cannot be reasonably held within the period provided by RA 8189 (Absentee Voting), Sec.8 – daily during the office hours, except during the period starting 120 days before the May 10,2010 regular elections. There is thus no occasion for the COMELEC to exercise its power to fix other dates or deadlines thereof.
The present case differs significantly from the Akbayan‐Youth vs. COMELEC. In the said case, the Court held that the COMELEC did not abuse its discretion in denying the request of the therein petitioners for an extension of the Dec. 27, 2000 deadline of voter registration for the May 14, 2001 elections. For the therein petitioners filed their petition with the court within the 120‐day period for the conduct of voter registration under Sec. 8, RA 8189, and sought the conduct of a two‐ day registration of Feb. 17, and 18,2001, clearly within the 120‐day prohibited period.
The clear import of the Court’s pronouncement in Akbayan‐Youth is that had therein petitioners filed their petition – and sought an extension date that was – before the 120‐day prohibitive period, their prayer would have been granted pursuant to the mandate of RA 8189 (Absentee Voting). In the present case, as reflected earlier, both the dates of filing of the petition (October 30, 2009) and the extension sought (until January 9, 2010) are prior to the 120 day prohibitive period. The Court therefore, finds no legal impediment to the extension prayed for. (Kabataan partylist v. COMELEC, G.R. No. 189868, Dec. 15, 2009)
What is absentee voting?
It is a process by which qualified citizens of the Philippines abroad exercise their right to vote pursuant to the constitutional mandate that Congress shall provide a system for absentee voting by qualified Filipinos abroad (Sec. 2, Art. V, 1987 Constitution). Absentee voting is an exception to the six month/one year residency requirement. (Macalintal v. Romulo, G.R. No. 157013, July 10, 2003)
Note: The constitutionality of Sec. 18.5 of R.A. 9189 (Absentee Voting) is upheld with respect only to the authority given to the COMELEC to proclaim the winning candidates for the Senators and party‐list representatives but not as to the power to canvass votes and proclaim the winning candidates for President and Vice‐president. (Ibid.)
Who are qualified to vote under the absentee voting law?
All citizens of the Philippines abroad, who are not otherwise disqualified by law, at least eighteen (18) years of age on the day of the elections, may vote for president, vice‐president, senators and party‐list representatives. (Sec. 4, R.A. 9189)
Who are disqualified from voting under the absentee voting law?
- Those who have lost their Filipino citizenship in accordance with Philippine laws;
- Those who have expressly renounced their Philippine citizenship and who have pledged allegiance to a foreign country;
- Those who have committed and are convicted in a final judgment by a court or tribunal of an offense punishable by imprisonment of not less than one (1)
year, including those who have committed and been found guilty of Disloyalty as defined under Art. 137 of the Revised Penal Code, such disability not having been removed by plenary pardon or amnesty;
Note: However, any person disqualified to vote under this subsection shall automatically acquire the right to vote upon expiration of five (5) years after service of sentence; Provided further, that the Commission may take cognizance of final judgments issued by foreign courts or tribunals only on the basis of reciprocity and subject to the formalities and processes prescribed by the Rules of Court on execution of judgments; - An immigrant or a permanent resident who is recognized as such in the host country
Note: An immigrant or permanent resident may vote if he/she executes, upon registration, an affidavit prepared for the purpose by the Commission declaring that he/she shall resume actual physical permanent residence in the Philippines not later than three (3) years from approval of his/her registration under this Act. Such affidavit shall also state that he/she has not applied for citizenship in another country. Failure to return shall be the cause for the removal of the name of the immigrant or permanent resident from the National Registry of Absentee Voters and his/her permanent disqualification to vote in absentia. - Any citizen of the Philippines abroad previously declared insane or incompetent by competent authority in the Philippines or abroad, as verified by the Philippine embassies, consulates or foreign service establishments concerned
Note: Unless such competent authority subsequently certifies that such person is no longer insane or incompetent. (Sec. 5, Absentee Voting Law)
How is registration done for absentee voters?
Registration as an overseas absentee voter shall be done in person (Sec. 6, R.A. 9189, Absentee Voting Law)
When may voting by mail be allowed?
Voting by mail may be allowed in countries
that satisfy the following conditions:
1. Where the mailing system is fairly well‐ developed and secure to prevent the occasion of fraud
2. Where there exists a technically established identification system that would preclude multiply or proxy voting; and
3. Where the system of reception and custody of mailed ballots in the embassies, consulates and other foreign service establishments concerned are adequate and well‐secured.
Thereafter, voting by mail in any country shall be allowed only upon review and approval of the Joint Congressional Oversight Committee. (Sec. 17.1, R.A. No. 9189 Absentee Voting Law)
Which court has jurisdiction over inclusion and exclusion proceedings?
- MTC ‐ original and exclusive
- RTC ‐ appellate jurisdiction
- SC ‐ appellate jurisdiction over RTC on
question of law
Who may file a petition in an inclusion or exclusion proceedings?
- Inclusion
a. Any private person whose application was disapproved by the Election Registration Board or whose name was stricken out from the list of voters
b. COMELEC - Exclusion
a. Any registered voter in the city or municipality
b. Representative of political party
c. Election officer
d. COMELEC (BP 881 Omnibus Election Code)
What is the period for filing a petition in an inclusion or exclusion proceeding?
- Inclusion ‐ any day except 105 days before regular election or 75 days before a special election. (COMELEC Reso. No. 8820)
- Exclusion ‐ anytime except 100 days before a regular election or 65 days before a special election. (COMELEC Reso. No. 9021)
Do decisions in an inclusion or exclusion proceedings acquire the nature of res judicata?
No. The proceedings for the exclusion or inclusion of voters in the list of voters are summary in character. Except for the right to remain in the list of voters or for being excluded therefrom for the particular election in relation to which the proceedings had been held, a decision in an exclusion or inclusion proceeding, even if final and unappealable, does not acquire the nature of res judicata. In this sense, it does not operate as a bar to any further action that a party may take concerning the subject passed upon in the proceeding. Thus, a decision in an exclusion proceeding would neither be conclusive on the voter’s political status, nor bar subsequent proceedings on his right to be registered as a voter in any other election. (Domino vs. COMELEC, G.R. No. 134015, July 19, 1999)
What is a political party?
A political party is any organized group of citizens advocating an ideology or platform, principles and policies for the general conduct of government and which, as the most immediate means of securing their adoption, regularly nominates and supports certain of its leaders and members as candidate in public office.
To acquire juridical personality and to entitle it to rights and privileges granted to political parties, it must be registered with COMELEC. (Sec. 3 (c), R.A. 7941)
What is a sectoral organization?
A: A sectoral organization refers to a group of citizens or a coalition of groups of citizens who share similar physical attributes or characteristics, employment, interests or concerns. (Sec. 3 (e), R.A. 7941)
