Poli_ VI. Election Laws

Question 1

Discuss absentee voting / overseas absentee voting

Use of Doctrine of Necessary Implication - construing Voting requirements for Absentee votin

Answer 1

to enfranchise qualified Filipinos who are NOT in Philippines

Doctrine of Necessary Implication
- No provision in Dual Citizenship law requiring residence and physically staying in Philippines First before they can exercise right to vote

Question 1

What are the
a) substantial req to vote?
b) formal reqs to vote

Consti: No literacy, property, or other substantive requirement will be imposed on exercise of Suffrage

Answer 1

A.
1) citizen (at time of application/registration)
2) at least 18 yo
3) at least 1 year residency in Phil, at least 6 months in place where they intend to vote IMMEDIATELY preceding the election

B.
1) Registration to vote

Question 2

Inclusion / Exclusion Proceedings
vs
Cancellation or Denial of Certificate of Candidacy

Answer 2

Purpose
A. Proceedings for Application to be registered as Voter and thus vote vs.
Proceedings in the Application to be candidate

B.
Reliefs:
If adverse decision in application to be registered as voter, Appeal the MTC decision to RTC whose decision is Final & Executory. However the final RTC decision is correctible by the CA by Writ of Certiorari R65 based on GADALEX J
vs
Approval of COC or its denial, cognizable by Comelec Division, reviewable by Comelec En Banc, whose decision is reviewable by SC under R64

Question 3

COMELEC - discuss Nature of its office as to contests

Answer 3

Polling commission authorized to make factual determinations as to ELECTION CONTESTS ( original exclusive and appellate )

Question 4

Duty of Comelec when candidate files COC

GR: MinDut - Rec & Ack ONLY
Exc: Patent DQ

Answer 4

Only Ministerial Duty to Receive & Acknowledge COC
GR: Matters of Eligibility/Ineligibility is BEYOND its power, (Remedy: once candidate Won & Proclaimed, File Quo Warranto against Candidate)
- There is an exception when the disqualification is patent or when there is a prior ruling from a competent authority (like the Supreme Court) on the candidate’s disqualification. a) Nuisance candidates; b) Petition for Disqualification; and c) Petition to Deny or Cancel COC
In such cases, COMELEC may refuse to give due course to or cancel a certificate of candidacy

Question 5

What is the powers and functions of COMELEC conferred by Constitution?

Administrative
Quasi-legislative
Quasi-judicial

Comelec division - 3 members
Comelec enBanc - 7 members

Answer 5

Administrative, quasi-legislative, and quasi-judicial powers in relation to election cases:

1. Administrative Powers:

Example: Voter Registration

COMELEC manages the process of voter registration, including setting up registration centers, training registration officers, and maintaining the voter database. This is an administrative function that involves implementing existing laws and regulations.

2. Quasi-legislative Powers:

Example: Issuing Rules on Campaign Finance

COMELEC can issue rules and regulations on campaign finance, such as setting limits on campaign spending and requiring candidates to submit detailed financial reports. These rules have the force of law and demonstrate COMELEC’s quasi-legislative authority.

3. Quasi-judicial Powers:

Example: Resolving Election Protests

When there’s a dispute over election results, COMELEC has the power to hear and decide on election protests for local positions (below the national level). This involves examining evidence, hearing arguments from both sides, and making a decision based on election laws, which is a quasi-judicial function.

It’s important to note that while COMELEC has these powers, its decisions can still be appealed to higher courts, particularly the Supreme Court, especially in cases involving questions of law or allegations of grave abuse of discretion.

Question 6

Based on the information provided about COMELEC’s powers in the Philippines, here are two challenging multiple-choice questions addressing common issues:

1. The COMELEC issues a resolution banning all forms of physical campaigning, including rallies and door-to-door visits, due to a public health emergency. A presidential candidate challenges this resolution. Which of the following best describes the nature of this dispute?

A) It challenges COMELEC’s administrative power
B) It questions COMELEC’s quasi-judicial authority
C) It contests COMELEC’s quasi-legislative function
D) It falls outside COMELEC’s jurisdiction entirely

Answer 6

Answer: C) It contests COMELEC’s quasi-legislative function

Legal reasoning: The issuance of resolutions that have the force of law, such as regulations on campaign methods, falls under COMELEC’s quasi-legislative power. This resolution is akin to creating a new rule that affects all candidates and the conduct of the election. Challenging such a resolution would be contesting COMELEC’s quasi-legislative authority to create binding rules for the electoral process. The case would likely involve examining whether COMELEC exceeded its mandate or violated constitutional rights in issuing such a sweeping regulation.

Question 7

2. In a hotly contested mayoral race, Candidate A is proclaimed the winner by a margin of 100 votes. Candidate B files an election protest, alleging widespread voter fraud. During the proceedings, COMELEC orders a manual recount of votes in certain precincts. Which COMELEC power is primarily being exercised in this scenario?

A) Administrative power
B) Quasi-legislative power
C) Quasi-judicial power
D) Executive power

Answer 7

Answer: C) Quasi-judicial power

Legal reasoning: In resolving an election protest for a local position (mayoral race), COMELEC is exercising its quasi-judicial power. This involves hearing arguments from both sides, examining evidence of alleged fraud, and making a decision based on election laws. The order for a manual recount is part of the fact-finding process in this quasi-judicial proceeding. COMELEC acts like a court in this capacity, weighing evidence and applying the law to resolve the dispute. This is distinct from its administrative functions (like managing voter registration) or quasi-legislative functions (like issuing general rules for elections).

Question 8

Constitution vests to COMELEC the power to resolve all questions relating to Election.
What is the exception?

When does the jurisdiction of COMELEC here ends, and that of HRET begins?

Answer 8

The power does not extend to contests relating to ERQ of HOR & Senate members.

The PROCLAMATION of the Congressional candidate DIVESTS the COMELEC of jurisdiction over ERQ in favor of HRET.

Question 9

What are the common disputes under Jurisdiction of HRET or SET?

issues on
- cit
-res
-votes countd
-dq
-proclamtns

Answer 9

Citizenship disputes: Challenges to a candidate’s Filipino citizenship, which is a requirement for holding office in Congress.

Residency requirement issues: Contests regarding whether a candidate meets the residency requirements for the position they’re seeking.

Vote counting irregularities: Allegations of errors or fraud in the counting and canvassing of votes.

Disqualification cases: Suits seeking to disqualify a candidate or elected official based on various grounds such as criminal convictions or violation of election laws.

Contested proclamations: Disputes over the proclamation of a winner, often based on claims of incomplete or inaccurate vote counts.

Question 10

Intra-party leadership dispute - does the comelec have jurisdiction?

Answer 10

Comelec may resolve it as an incident of its power to register political parties.

Question 11

What is a candidate?

What is residence under election laws?

Answer 11

any person seeking an elective public office AFTER filing COC

Here residence is synonymous to domicile - the place where a person INTENDS to Return

Question 12

Citizenship under RA 9225 - Dual citizenship law

Rights - condtn

Answer 12

To vote - take the oath of allegiance

To seek public office - execute a personal and sworn renunciation of any and all foreign citizenship before an authorized public officer

Question 13

Qualification of candidates

5

Answer 13

Residence

Citizenship

Age requirement

Ability to read and write

Registered voter

Question 14

Dual citizenship vs Dual Allegiance

Answer 14

DC is an involuntary act vs DA is a voluntary act

DC a person is considered as NATIONAL of 2 States vs DA where a person simultaneously owes LOYALTY to 2 or more States.

Question 15

Substitution of Candidates - state rules

DeWiDis
When to file
DeDis
Aubati may file up to middday of election day.

If With
Substi may file COC before electiom campaign starts

Answer 15

When a candidate of a registered party DIES, WITHDRAWS, or is DISQUALIFIED
AFTER the Last day for Filing COCS

• may be Substituted by a candidate from the SAME political party

No substitute allowed for Independent candidates.

Question 16

Nuisance candidates - state rules

What is the effect of a vote cast for a N C?

NC - one who has no BONA FIDE INTENTION to run for office except to Reduce votes of a Strong candidate

Answer 16

Any candidate may file a Petition to declare another candidate as nuisance
When? - within 5 days from last day of Filing COC

Votes cast for NC are not stray but counted in favor of a bona fide candidate

Question 17

Campaign periods

Duty of Party Treasurer to file with COMELEC the Statement of Contributions and Expenses

Answer 17

Pres VP - House and Local election - Baranggay
90d- 45d - 15d

Question 18

Election Remedies:

1) Failure of Elections

2) Pre-Proclamation controversy

3) Petition to Cancel or Deny COC

4) Petition for Disqualification

5) Quo Warranto

State :
-Grounds,
-Requirements,
-OJ jurisdiction, &
-Appeal

Answer 18

1. FM, violence, Terrorism, Fraud & other analogous causes the election has not been held on the fixed date.
   No voting or theres Failure to elect and the votes cast affect the results of election.
   Comelec en Banc
   Appeal to SC
2. Illegal composition or proceedings of BOC canvassers; Election returns are incomplete or tampered with fraud; Election returns were prepared with duress or manufactured & not authentic; or Fraudulent returns materially affected the standing of aggrieved candidate
   Comelec Division
   Appeal to SC
3. Nuisance candidate or Material representation of a candidate
   Comelec Division
   Appeal to SC
4. Corruption of voters or public officials performing public electoral functions; Committed terrorism to enhance candidacy; Spent excessive election campaign amount;
   Comelec Division
   Appeal to SC
5. Any voter may contest on account of a) Ineligibility or b) Disloyalty to the Republic
   QW against congressman and above — either HRET, SET, or PET
   QW against regional, provincial, city officials - COMELEC
   QW against Municipal or Baranggay officials - RTCs & MTCs respectively

Question 19

1. During a senatorial election, a candidate is accused of being a dual citizen. When is the appropriate time to file a case challenging the candidate’s qualifications?

A) Before the election, with COMELEC
B) After the election but before proclamation, with COMELEC
C) After proclamation, with the Senate Electoral Tribunal
D) Any time, with the Supreme Court

Answer 19

Answer: C) After proclamation, with the Senate Electoral Tribunal

Legal reasoning: Questions about the qualifications of elected senators fall under the exclusive jurisdiction of the Senate Electoral Tribunal (SET) after the candidate has been proclaimed. This is based on the constitutional provision that gives the SET sole authority to be the judge of election contests relating to qualifications of members of the Senate. Before proclamation, COMELEC may have jurisdiction over eligibility issues, but once a candidate is proclaimed, the proper forum shifts to the SET.

Question 20

2. In a local election, there are allegations of widespread vote-buying. The losing candidate wants to file an election protest. Which body should handle this case?

A) Regional Trial Court
B) COMELEC Division
C) COMELEC En Banc
D) Supreme Court

Answer 20

Answer: B) COMELEC Division

Legal reasoning: Election protests for local positions are typically handled by COMELEC. Specifically, a COMELEC Division would have initial jurisdiction over such cases. This falls under COMELEC’s quasi-judicial powers to resolve election disputes. The case would start at the Division level, with the possibility of appeal to the COMELEC En Banc and then to the Supreme Court on questions of law or grave abuse of discretion.

Question 21

3. A presidential candidate is accused of massive overspending during the campaign period. After the election and proclamation, a concerned citizen wants to file a case. What is the correct course of action?

A) File a disqualification case with COMELEC
B) File a quo warranto petition with the Supreme Court
C) File an election protest with the Presidential Electoral Tribunal
D) No action can be taken post-proclamation

Answer 21

Answer: B) File a quo warranto petition with the Supreme Court

Legal reasoning: For presidential elections, post-proclamation challenges to the qualifications of the elected president are typically done through a quo warranto petition filed with the Supreme Court. The Supreme Court, sitting as the Presidential Electoral Tribunal (PET), has jurisdiction over such matters. Campaign overspending, if proven, could be grounds for disqualification. However, since the case is being filed after proclamation, it would take the form of a quo warranto proceeding questioning the president’s eligibility to hold office.