X. ELECTION LAW

Question 1

X. ELECTION LAW
A. Suffrage;

Qualification and

Disqualification of Voters

(1987 CONST., art. V, sec. 1;
R.A. No. 8189, secs. 9 and 11)

3Qual:
Fil Cit, not Dq
18yo
1yr res, 6molocal

Disq
-Convicted by FJ, (reacquired after sentence+5Y)
-Not registered, although not a qualification but a necessary regulation
-Failure to affix signature, Failure to submit Biometrics voided Rego

Suffrage is right to vote, encompasses election, plebiscite and referendum

Double Rego
-Subsequent rego is Void ab initio, hence 1st rego remains valid

Able to read & write is not a DQ, allowed to Vote by express provision of law Req: Voters Affidavit may be prepared by relatives 4th or member of BEi

Residence as Qualification
- factual relationship to certain place
- for election purposes, residence = domicile
- Asistio

Regular Election vs Special Election
- Special held to fill in vacancy of office before expiry of term

Referendum to approve or reject proposed law
Recall is a vote of removal of elected official

Initiative - 10% total , 3% each legislative district
- “Sovereignty resides with the people” so it can grant ABSCBN franchise
-No budget not a valid defense against Consti Right: ask funds from Congress

Inclusion & Exclusion Proceedings ( List of Registered Voters)
- Petition for inclusion Anytime except within 105 days before Regular election/75 Special election
- Anyone can file Petition for Exclusion 100/65

Absentee Voting for Dual Citizenship
- Filipinos living abroad can still vote not disqualified by law
- Applies only to National positions
- Who are not qualified? – Non Filipinos or general DQ for all voters
- 1 year residency requirement - if PR Affidavit to return within 3 years from approval
- Duals with no residency in Philippines - Constitutional because by law, absentee voting is an exception
- Allowed to Vote but not allowed to Run or be voted upon, need renunciation of foreign citizenship and Residency requirement

Detainees or PDL are allowed to vote
- on appeal
- same with Dual citizens, can only vote on National positions

Answer 1

exercise of suffrage in the Philippines are:
1.
Citizenship Requirement:
Suffrage may be exercised by all citizens of the Philippines, not otherwise disqualified by law.
This means only Philippine citizens have the right to vote, excluding non-citizens.

2.
Age Requirement:
Citizens must be at least 18 years of age to exercise the right to vote.
The voting age was lowered from 21 to 18 years under the 1973 and 1987 Constitutions.

3.
Residency Requirement:
Citizens must have resided in the Philippines for at least 1 year preceding the election.
They must also have resided in the specific place where they intend to vote for at least 6 months immediately before the election.
This ensures voters have a sufficient connection to the locality where they are casting their ballots.

4. Prohibition on Substantive Requirements:
   No literacy, property, or other substantive requirements can be imposed on the exercise of suffrage.
   This means the right to vote cannot be restricted based on factors like education level or wealth.

• In summary, the key points are the citizenship, age, and residency requirements for voters, as well as the constitutional prohibition on imposing any substantive barriers to the exercise of the right to vote. These provisions aim to make the electoral process as inclusive as possible for qualified Filipino citizens

Example:
Maria, a 20-year-old Filipino citizen, has been living in a rented apartment in Manila for the past 8 months. She wants to register to vote in the upcoming election. Under RA 8189, Maria would be eligible to register as a voter since she meets the citizenship, age, and residency requirements. However, since she is renting the apartment, she would need to present a certification from the landlord attesting to her legal residence in the property, which the barangay captain would then verify.

The key is to ensure that only qualified Filipino citizens who have established a genuine connection to the locality are allowed to register and exercise their right to vote, while preventing potential abuse or fraud.

Question 2

X. ELECTION LAW

B. Registration of Voters;

Inclusion and

Exclusion Proceedings

(R.A. No. 8189;
R.A. No. 10367)

1. Overseas Absentee Voting

– R.A. No. 9189; R.A. No. 10590

Answer 2

Based on the information provided in the search results, the key points regarding overseas absentee voting in the Philippines under R.A. No. 9189 (Overseas Absentee Voting Act) and R.A. No. 10590 (Overseas Voting Act) are:

1. Eligibility for Overseas Absentee Voting:
   
   • Filipino citizens living or staying abroad, including immigrants and permanent residents of other countries, are eligible to register and vote as overseas absentee voters. [1][3]
   • However, immigrants and permanent residents must submit an affidavit of intent to return to the Philippines within 3 years of their overseas absentee voting. Failure to do so may result in penalties. [3]
2. Registration and Approval Process:
   
   • Overseas Filipinos must register with the Commission on Elections (Comelec) to be included in the National Registry of Overseas Absentee Voters. [1][3]
   • All applications are reviewed and approved by Comelec, which must act on them within 150 days before the election. [1]
   • Disapproved applications can be appealed through a motion for reconsideration. [1]
3. Voting Procedures:
   
   • Comelec is responsible for printing and transmitting the ballots, voting instructions, and other election materials to the Philippine embassies, consulates, and other foreign service establishments. [1]
   • Overseas voters can cast their ballots at these diplomatic posts during the prescribed voting period, which is usually around 30 days. [1][3]
4. Challenges and Improvements:
   
   • Early implementation of the overseas voting system faced issues such as confusing procedures, lack of voter education, and low voter turnout at some posts. [3]
   • To address these, subsequent laws and regulations have aimed to streamline the process and increase participation, such as the use of biometric voter registration. [4]

Example:
In the 2022 Philippine national elections, there were controversies regarding the registration of overseas Filipino voters. Some Filipinos living abroad claimed they were denied registration due to the 1-year residency requirement in the Philippines. However, under R.A. No. 9189 and R.A. No. 10590, this requirement still applies to all Filipino citizens, including those living overseas, in order to be eligible to register and vote as overseas absentee voters. The laws do not provide any exemptions for this residency rule.

The key is to ensure that the overseas absentee voting system is accessible, secure, and inclusive for qualified Filipino citizens living or staying abroad, while also maintaining the integrity of the electoral process.

Question 3

X. ELECTION LAW
B. Registration of Voters; Inclusion and Exclusion Proceedings
(R.A. No. 8189;
R.A. No. 10367)

2. Local Absentee Voting – E.O. No. 157, Series of 1987;
   R.A. No. 7166, sec. 12; R.A. No. 10380

Due to public functions,duties

Answer 3

Based on the information provided in the search results, the key points regarding local absentee voting in the Philippines under E.O. No. 157, R.A. No. 7166, and R.A. No. 10380 are:

1. Eligibility for Local Absentee Voting:
   
   • E.O. No. 157 allows any person who, by reason of public functions and duties, is not in their place of registration on election day to vote in the city/municipality where they are assigned. [4]
   • This includes government officials and employees who are assigned to places other than their place of registration. [4]
2. Registration and Application Process:
   
   • The head of the government office must submit a list of eligible employees who will be away from their place of registration, and request application forms from the Commission on Elections (Comelec). [4]
   • Comelec will then transmit the application forms to the head of the office, which must be returned by the employees before the deadline. [4]
3. Voting Procedures:
   
   • The eligible local absentee voters must cast their ballots one week before the election day by delivering the sealed ballot envelopes to the Comelec regional director, provincial election supervisor, or city/municipal election registrar. [4]
   • Comelec will then transmit the absentee votes to be included in the official canvass. [4]
4. Scope of Local Absentee Voting:
   
   • Under R.A. No. 7166, local absentee voting was initially limited to only allowing votes for candidates for the Senate. [4]
   • However, R.A. No. 10380 expanded the scope to include local absentee voting for members of the media who are assigned outside their place of registration on election day. [1]

In summary, the key points revolve around the eligibility criteria, registration and application process, voting procedures, and the gradual expansion of the local absentee voting system in the Philippines to ensure broader participation in elections.

Here are some examples to illustrate the key points of local absentee voting in the Philippines under E.O. No. 157, R.A. No. 7166, and R.A. No. 10380:

Example 1: Government Employee Voting as Local Absentee
Maria is a teacher assigned to a school in a different municipality from where she is registered to vote. Under E.O. No. 157, Maria is eligible to vote as a local absentee voter. Her school principal submits a list of eligible employees, including Maria, to the Comelec. Maria then fills out the absentee voter application form and casts her ballot at the Comelec office one week before election day. Her vote is then transmitted to be included in the official canvass.

Example 2: Expansion of Local Absentee Voting Scope
In the 2022 Philippine elections, R.A. No. 10380 allowed members of the media who were assigned to cover the elections outside their place of registration to also vote as local absentee voters. This expanded the scope of local absentee voting beyond just government officials and employees.

For instance, Jomar, a journalist working for a national newspaper, was assigned to cover the elections in a province different from where he is registered to vote. Under R.A. No. 10380, Jomar was able to apply for and cast his ballot as a local absentee voter before election day, ensuring his participation in the electoral process despite his work assignment.

These examples illustrate how the local absentee voting system in the Philippines has evolved to accommodate the needs of specific groups of voters, such as government personnel and media practitioners, who may be away from their registered voting places on election day due to the nature of their work.

The key is to provide these eligible voters with the opportunity to exercise their right to suffrage, while also maintaining the integrity of the electoral process through the established procedures and requirements.

Question 4

X. ELECTION LAW

B. Registration of Voters; Inclusion and Exclusion Proceedings
(R.A. No. 8189;
R.A. No. 10367)

3. Persons Deprived of Liberty Voting – COMELEC Resolution No. 9371, as may be amended

1.confined in jail B4 convctn
2.<1yrSent
3.onAppeal

Answer 4

Based on the information provided in the search results, the key points regarding the voting rights of Persons Deprived of Liberty (PDLs) under COMELEC Resolution No. 9371, as may be amended, are:

1. Eligibility of PDLs to Vote:
   
   • COMELEC Resolution No. 9371 defines eligible PDLs as those who are:
     (1) confined in jail, formally charged for any crime/s and awaiting/undergoing trial; or
     (2) serving a sentence of imprisonment for less than one year; or
     (3) whose conviction of a crime involving disloyalty to the government, such as rebellion or sedition, is on appeal.
   • PDLs who are statutorily denied the right to vote, such as those convicted of certain crimes, are not eligible under this resolution.
2. Registration and Voting Procedures:
   
   • COMELEC constituted a Committee on PDL Voting to oversee the registration and voting process for eligible PDLs.
   • The resolution laid down guidelines for PDL voter registration, including the required documents and the role of jail authorities in facilitating the process. [4]
   • Eligible PDLs can cast their ballots at designated polling places within the detention facilities, with the assistance of COMELEC personnel and custodians. [3][4]
3. Judicial Oversight and Challenges:
   
   • In 2016, the Supreme Court partially granted a petition to issue a temporary restraining order (TRO) against the implementation of COMELEC Resolution No. 9371 for local elections, but allowed it to continue for national elections.
   • However, in 2022, the Supreme Court unanimously dismissed the petition against the resolution, effectively lifting the TRO and upholding the validity of the COMELEC’s rules on PDL voting.

Example:
In the 2022 Philippine national elections, the Commission on Human Rights (CHR) lauded the Supreme Court’s decision to allow the implementation of COMELEC Resolution No. 9371, which ENABLES qualified PDLs to Register and VOTE.
CHR emphasized that this decision upholds the constitutional and human rights of PDLs, ensuring their fair and equal political participation.

The CHR also called for the fair and public trial of all PDLs, including former CHR Chairperson and Senator Leila de Lima, to ensure their right to due process and equal protection under the law. This example illustrates the broader context of protecting the rights of PDLs, including their right to suffrage, as part of the overall commitment to human rights and the rule of law.

Question 5

X. ELECTION LAW

C. Political Parties and the Party-List System of Representation
(1987 CONST., art. VI, sec. 5(2); art. IX-C, sec. 2 (5));
R.A. No. 7941)
1. Registration – R.A. No. 7941, sec. 5

Pettn to Comelec to rego as NRS party

Answer 5

Registration of political parties and the party-list system of representation in the Philippines are:

1. Registration Requirement:
   
   • Any organized group of persons, whether a party, organization, or coalition, must register with the Commission on Elections (Comelec) to participate in the party-list system.
   • The registration must be filed not later than 90 days before the election.
   • The petition must be verified by the group’s president or secretary and state its desire to participate in the party-list system.
2. Types of Parties/Organizations:
   
   • The group can register as a national, regional, or sectoral party/organization.
   • It can also register as a coalition of such parties or organizations.
   • The sectors specified in the law include labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals.
3. Required Documents:
   
   • The group must attach its constitution, by-laws, platform or program of government, list of officers, coalition agreement, and other relevant information as required by the Comelec.
4. Comelec’s Role:
   
   • The Comelec is responsible for publishing the petition, conducting due notice and hearing, and resolving the petition within 15 days from the date it was submitted for decision, but no later than 60 days before the election.

Example:
In the 2025 Philippine national elections, the Comelec announced that it has started accepting applications for the registration of political parties and party-list groups. An organization called “Farmers’ Alliance” wants to participate in the party-list system as a sectoral party representing the interests of the peasant sector.

To register, the Farmers’ Alliance must file a verified petition with the Comelec not later than 90 days before the election. The petition must state the group’s desire to participate in the party-list system and include the required documents, such as its constitution, by-laws, platform, list of officers, and other relevant information.

The Comelec will then publish the petition, conduct a hearing, and resolve the registration within 15 days, but no later than 60 days before the election. If the Comelec approves the registration, the Farmers’ Alliance will be eligible to participate in the party-list system and field its nominees for the House of Representatives.

This example illustrates the key steps and requirements for an organized group to register and participate in the party-list system of representation in the Philippines, as outlined in the relevant laws and Comelec rules.

Question 6

X. ELECTION LAW

C. Political Parties and the Party-List System of Representation
(1987 CONST., art. VI, sec. 5(2); art. IX-C, sec. 2 (5));
R.A. No. 7941)

a. Grounds for Refusal or Cancellation of Registration –
R.A. No. 7941, sec. 6

*Exclude computation of party-list seat allocation

Political Parties - organized group of citizens advocating platform or ideology, no need to register except if joining election
- must be registered with Comelec
- Major political party may join party list election but must represent Sectors

Party List - represent marginalized or underrepresented sectors
- nominee may not be a member but must be a GENUINE ADVOCATE

Answer 6

Based on the information provided in the search results, the key points regarding the grounds for refusal or cancellation of registration of political parties and party-list groups under R.A. No. 7941 are:

1. Religious Disqualification:
   
   • The Comelec can refuse or cancel the registration of any group that is a religious sect, denomination, organization, or association organized for religious purposes. [1][3]
   • This is to ensure the separation of church and state in the electoral process.
2. Advocacy of Violence or Unlawful Means:
   
   • The Comelec can refuse or cancel the registration of any group that advocates the use of violence or unlawful means to achieve its goals. [1][3]
   • This is to maintain the integrity and peaceful conduct of elections.
3. Foreign Affiliation:
   
   • The Comelec can refuse or cancel the registration of any group that is a foreign party or organization. [1][3]
   • This is to prevent undue foreign influence in the Philippine electoral system.
4. Foreign Funding:
   
   • The Comelec can refuse or cancel the registration of any group that is receiving support from any foreign government, political party, foundation, or organization, either directly or indirectly, for partisan election purposes. [1][3]
   • This is to ensure the independence of Philippine political parties and party-list groups.
5. Violation of Election Laws:
   
   • The Comelec can refuse or cancel the registration of any group that violates or fails to comply with laws, rules, or regulations relating to elections. [1][3]
   • This includes making untruthful statements in the petition for registration. [1][3]
6. Cessation of Existence:
   
   • The Comelec can refuse or cancel the registration of any group that has ceased to exist for at least one year. [1][3]
   • This ensures that only active and viable groups participate in the party-list system.
7. Failure to Participate or Obtain Minimum Votes:
   
   • The Comelec can refuse or cancel the registration of any group that fails to participate in the last two preceding elections or fails to obtain at least 2% of the votes cast under the party-list system in the two preceding elections. [1][3]
   • This requirement helps maintain the relevance and representativeness of the party-list system.

Example:
In 2023, the Comelec received a verified complaint from a concerned citizen alleging that the “Defenders of Faith” party-list group was actually a front for a religious organization. After due notice and hearing, the Comelec found that the group’s constitution and by-laws clearly showed that it was organized for religious purposes, and it ordered the cancellation of the group’s registration under the party-list system. [1][3]

This example illustrates the Comelec’s authority to refuse or cancel the registration of a party-list group that violates the prohibition on religious organizations participating in the party-list system.

Question 7

X. ELECTION LAW

D. Candidacy
1. Certificate of Candidacy – B.P. Blg. 881, sec. 73

2 COC filed = void on both
Withdrawal of COC - Yes, prior to election, written decl under oath
Withdraw the Withdrawal = depends on time filed of withdrawal must be within time to file COC

effect of filing COC - depends
Elective official - no effect on public office
Appointive official - deemed resigned from start upon the filing of COC

Answer 7

Section 73: Certificate of Candidacy

Key Points:

1. Filing Requirement:
   
   • No person is eligible for elective public office unless they file a sworn certificate of candidacy within the specified period.
2. Withdrawal Process:
   
   • A candidate may withdraw their certificate of candidacy before the election by submitting a written declaration under oath to the concerned office.
3. Restriction on Multiple Candidacies:
   
   • A person cannot be eligible for more than one office in the same election.
   • If a person files for more than one office, they become ineligible for all offices.
4. Correction of Multiple Filings:
   
   • Before the filing period ends, a person who filed for multiple offices can declare under oath the office they wish to be eligible for and cancel the other certificates.
5. Liabilities:
   
   • Filing or withdrawing a certificate of candidacy does not affect any civil, criminal, or administrative liabilities the candidate may have incurred.

Example:
Candidate Ana files certificates of candidacy for both mayor and councilor positions. She must choose one office and cancel the other before the filing period ends to remain eligible. If she decides to withdraw her candidacy for mayor, she must submit a written declaration under oath. Regardless of her filing or withdrawal, any legal liabilities she has incurred remain unaffected.

Mnemonic: “File, Withdraw, One Office, Liabilities Remain”
- File: Must file a certificate to be eligible
- Withdraw: Can withdraw by written declaration under oath
- One Office: Cannot file for more than one office
- Liabilities Remain: Legal liabilities are unaffected by filing or withdrawal

This summary captures the essential points of Section 73, focusing on the requirements for filing and withdrawing a certificate of candidacy, restrictions on multiple filings, and the persistence of legal liabilities.

Question 8

X. ELECTION LAW

D. Candidacy

2. Ministerial Duty of Comelec to Receive Certificates of Candidacy – B.P.
   Blg. 881, sec. 76

For nuisance candidate, hearing is required, motu proprio Comelec declaration

Answer 8

Section 76: Ministerial Duty of Receiving and Acknowledging Receipt

Key Points:

1. Ministerial Duty:
   
   • The Commission on Elections (COMELEC), provincial election supervisor, election registrar, or designated officer has the ministerial duty to receive and acknowledge the receipt of certificates of candidacy.
2. Acknowledgment:
   
   • The receipt of the certificate of candidacy must be acknowledged.

Example:
When Candidate B submits their certificate of candidacy to the election registrar, the registrar must receive the document and provide an acknowledgment receipt without exercising any discretion.

Mnemonic: “Receive and Acknowledge”
- Receive: Duty to accept the certificate of candidacy
- Acknowledge: Duty to provide acknowledgment of receipt

This summary captures the essential elements of Section 76, emphasizing the mandatory nature of the duty to receive and acknowledge the receipt of certificates of candidacy.

Question 9

X. ELECTION LAW

D. Candidacy

3. Effect of Filing of Certificate of Candidacy – B.P. Blg. 881, sec. 66

When can a person deemed candidate to observe prohibitions for early campaigning? - Start of Campaign period

Answer 9

Section 66: Candidates Holding Appointive Office or Positions

Key Points:

1. Automatic Resignation:
   
   • Any person holding a public appointive office or position, including members of the Armed Forces and employees of government-owned or controlled corporations, is considered automatically resigned upon filing a certificate of candidacy.

Example:
If a government employee working at a state-owned corporation decides to run for a local government position and files their certificate of candidacy, they are automatically deemed to have resigned from their current position as soon as they file.

Mnemonic: “File and Resign”
- File: Filing a certificate of candidacy
- Resign: Automatic resignation from appointive office

This summary captures the essential points of Section 66, focusing on the automatic resignation requirement for individuals holding appointive positions when they decide to run for elective office.

Question 10

X. ELECTION LAW

D. Candidacy

4. Eligibility and Material Misrepresentation –
   B.P. Blg. 881, secs. 74 and 78

Age Qualifications
- At least 23 years old - Gov Mayor Councillor
- At least 21 yo - Municipal Mayor
- At least 18 - Bargay
-SK 18-24 yo at day of election

Residency requirements
- Local officials including Congressman- 1 year preceding day of election
- Senator - 2 years residency preceding the day of election
- President VP - 10 years immediately preceding the election
- Imelda born Leyte so its his domicile of birth - always have intention to return, domicile = residency is synonymous
- Aquino not qualified in Makati, born and living in Tarlac, only leased in Makati so he is disqualified. Domicile is not easily lost, domicile of origin is deemed to continue
- Domicile of origin is only lost by clear intention, fixed abode with intention of returning, only one while residences may be multiple

Citizenship requirement
- at the latest must be possessed at time of proclamation and start of term of office
- Grace Poe foundlings; consti be inclusive for nat born; hague conv provides

2 types of Dual
Born Dual - no need to renounce, qualified
Acquired Dual - needs to renounce foreign citizenship under oath to run for office

Date Citizenship is lost - RA 9225 Sep 2003 law effective
Retention of Filo - they retained their citizenship, Filo citizenship never lost so Natural born status is retained
Reacquisition of Filo - lost Filo before effectivity of Dual Cit law, they are deemed to have lost the Filo so they need to reacquire

Probation - allowed to run even after Final Conviction
- Disqualification applies only to those serving sentence

Answer 10

Section 74: Contents of Certificate of Candidacy

Key Points:
1. Declaration of Candidacy: The certificate must state the candidate’s intention to run for a specific office and confirm eligibility.
2. Details Required: Must include the candidate’s:
- Office sought
- Political party affiliation
- Civil status
- Date of birth
- Residence and post office address
- Profession or occupation
- Commitment to support and defend the Constitution and obey laws
- Statement that they are not a permanent resident or immigrant in a foreign country
- Voluntary assumption of obligations without mental reservation
3. Name Usage: The candidate must use their baptized name, registered name, or Hadji name unless officially changed by court order. If multiple candidates have the same name, they must include paternal and maternal surnames.
4. Additional Requirements:
- Latest passport-sized photograph
- Optional bio-data and program of government (up to 100 words)

Example:
Candidate Maria Reyes files her certificate of candidacy for a congressional seat. Her certificate includes her political party (Party A), civil status (single), date of birth (January 1, 1980), residence (123 Main St., City), profession (lawyer), and a statement of allegiance to the Constitution. She uses her full name as registered and attaches a passport-sized photo. Additionally, she provides a brief bio-data and her program of government.

Mnemonic: “CANDIDATE INFO”
- Candidacy declaration
- Affiliation (political party)
- Name (baptized/registered/Hadji)
- Date of birth
- Intention to support Constitution
- Details (residence, address, profession)
- Additional info (photo, bio-data)
- True facts declaration
- Eligibility confirmation
- Immigration status (not a permanent resident/immigrant)
- No mental reservation

This summary captures the essential points of Section 74, focusing on the required contents of the certificate of candidacy, the specific details that must be included, and the additional requirements to ensure compliance with the law.

Here’s a summary of the key points of Section 78 for easy memorization:

1. Purpose: To deny or cancel a certificate of candidacy
2. Ground: False material representation in the certificate
3. Who can file: Any person
4. Filing deadline: Within 25 days from the filing of the certificate of candidacy
5. Decision deadline: At least 15 days before the election
6. Process: Requires due notice and hearing

Mnemonic: “FALSE-25-15”
- FALSE: Ground for petition (False material representation)
- 25: Days to file petition after certificate submission
- 15: Days before election for decision

Key phrase: “File for false, decide before polls”

This summary captures the essential elements of Section 78, focusing on the purpose of the petition, the grounds for filing, who can file, and the critical deadlines involved. The mnemonic “FALSE-25-15” can help in quick recall of the main timeframes, while the key phrase encapsulates the overall process.

Question 11

X. ELECTION LAW

D. Candidacy

5. Withdrawal of Certificates of Candidacy – B.P. Blg. 881, sec. 73

Answer 11

Based on Section 73 of the election law, here are the key points regarding the withdrawal of certificates of candidacy:

1. Eligibility for withdrawal:
   
   • A person who has filed a certificate of candidacy can withdraw it before the election.
2. Process of withdrawal:
   
   • The withdrawal must be done by submitting a written declaration under oath to the concerned office.
3. Multiple filings:
   
   • If a person files for more than one office, they become ineligible for all of them.
   • However, before the filing period expires, they can declare under oath which office they want to be eligible for and cancel the other certificates.
4. Legal implications:
   
   • Withdrawing a certificate does not affect any civil, criminal, or administrative liabilities the candidate may have incurred.

Key phrase to remember: “Withdraw with oath, choose one, liabilities remain”

This summary captures the essential elements of the rule on withdrawal of certificates of candidacy, focusing on the process, the implications of multiple filings, and the persistence of legal liabilities despite withdrawal.

Question 12

X. ELECTION LAW

D. Candidacy

6. Effects of Denial and Cancellation of Certificate of Candidacy
   due to Material Misrepresentation

Petition to Cancel COC

Question 13

X. ELECTION LAW

D. Candidacy

7. Substitution of Candidates – B.P. Blg. 881, sec. 77

DeWiDis of OrigC
Req: Sub belongs & Certified

Candidates can be substituted
- for Death and Dis - sub may file up his COC to MID DAY of election day provided that Sub and Orig Candidate must have same surname & same political party
- for Withdrawal substitution - sub may file based on period set by Comelec because names are already in printout; not valid sub candidate if filed after period of comelec

New Rules on Substitution
- independent candidate cannot be substituted
- cancelled coc of orig candidate void ab initio - can not be substituted
- Brgy election even if it dont have parties, can be completed

cancelled coc of candidate - votes will be stray, so 2nd highest will be winner

Answer 13

substitution of candidates in the Philippines are as follows:

• Grounds for Substitution: Substitution of candidates is permitted in cases of death, withdrawal, or disqualification of the original candidate.
• Certification by the Same Political Party: The substitute must belong to and be certified by the same political party as the original candidate. This ensures continuity within the party’s slate of candidates.
• Filing Deadlines:
  
  • In cases of death or disqualification, the substitute can file their Certificate of Candidacy up to midday on election day.
  • In cases of withdrawal, the substitute must file within the period set by the Commission on Elections (COMELEC). Late filings due to withdrawal are not accepted.
• Restrictions on Substitution: Substitution is not allowed for independent candidates, but it is permitted for barangay candidates despite their lack of political party affiliation.
• Same Surname Rule: If the substitute candidate has the same surname as the substituted candidate, votes cast for the substituted candidate are not considered stray.

Question 14

X. ELECTION LAW

D. Candidacy

8. Nuisance Candidates and
   Effects of Declaration of Nuisance Candidacy –

B.P. Blg. 881, sec. 69; R.A. No. 6646, sec. 5

Here’s a summarized version of the concept of a nuisance candidate:

• Definition: A nuisance candidate is someone who:
  
  • Files a certificate of candidacy to MOCK or DISCREDIT the election process.
  • Causes CONFUSION among voters by having a similar name to other candidates.
  • Clearly shows NO GENUINE INTENTION to run for office.

Answer 14

Here are the key points regarding nuisance candidates under Section 69 of the Omnibus Election Code of the Philippines (Batas Pambansa Blg. 881):

• Definition: A nuisance candidate is one who has filed a certificate of candidacy to mock or discredit the election process, cause confusion among voters due to the similarity of names with other candidates, or clearly demonstrate no genuine intention to run for office.
• Authority of COMELEC: The Commission on Elections (COMELEC) has the authority to refuse to accept or cancel the certificate of candidacy of a nuisance candidate, either on its own initiative (motu proprio) or upon a verified petition from an interested party.
• Grounds for Declaring a Nuisance Candidate:
  
  1. The candidacy was filed to put the election process in mockery or disrepute.
  2. The candidacy causes confusion among voters due to name similarity with other candidates.
  3. The candidate has no bona fide intention to run for office, thereby preventing a faithful determination of the electorate’s will.
• Procedure: A verified petition to declare a candidate as a nuisance must be filed WITHIN (5) FIVE days from the LAST DAY for filing certificates of candidacy. The COMELEC will issue summons, and the respondent has three days to answer. The case is summary in nature, and the decision is rendered promptly.

Question 15

X. ELECTION LAW

D. Candidacy

9. Disqualification of Candidates; Effects

Can the Comelec pass upon the question of Residency requirement of congresional candidate who has already been PROCLAIMED?
- No as member of HR, the sole judge here will be the HRET .
- Party list seeks to expel a proclaimed member, HRET has

Question 16

X. ELECTION LAW

E. Campaign
1. Limitations on Expenses and Prohibited Contributions – R.A. No. 7166,
sec. 13

What are the limits?

Answer 16

1. Spending Limits:
   a) Presidential/Vice-Presidential candidates: ₱10 per registered voter
   b) Other candidates: ₱3 per registered voter
   c) Independent candidates & No support from other parties: ₱5 per registered voter
   d) Political parties: ₱5 per registered voter in constituencies with official candidates
2. Exemption from Gift Tax:
   • Campaign contributions (cash or in-kind) are not subject to gift tax if properly reported to the Commission.

Mnemonic: “10-3-5-5” (₱10 for President/VP, ₱3 for other candidates, ₱5 for independents, ₱5 for parties)

Example:
Let’s consider a hypothetical congressional district with 100,000 registered voters:

1. A candidate from a political party can spend up to ₱300,000 (100,000 x ₱3)
2. An independent candidate can spend up to ₱500,000 (100,000 x ₱5)
3. A political party can spend up to ₱500,000 (100,000 x ₱5) in this district

If a supporter donates ₱100,000 to the party candidate’s campaign and it’s properly reported, this contribution wouldn’t be subject to gift tax.

This summary captures the essential points of Section 13, focusing on the spending limits for different types of candidates and parties, as well as the gift tax exemption for reported contributions. The example illustrates how these limits would apply in a practical scenario.

Question 17

X. ELECTION LAW

E. Campaign

2. Lawful Election Propaganda – R.A. No. 9006

-prohibits on stickers PUJ by Comelec - not Valid, violation of free speech

Prohibited Election Propaganda: Unlawful
- printed materials without Paid for
- must have Name of donor, true correct name and address
- no biography movie
- propaganda not allowed: public places, govt vehicles, waiting shed, electric posts

Election day prohibitions
- alcohol
- free rides, foods
- campaigning
- gambling sports

Diocese of Bacolod Tarpaulin on RH bill
- SC said its within the Free Speech
- Oversized Posters - prohibition not applicable to private citizens because its not a 1) Candidate or a 2) Political parties

Answer 17

1. Allowed Media for Election Propaganda:
   
   • Election propaganda is allowed on television, cable television, radio, newspapers, and other media for all registered political parties, national/regional/sectoral parties or organizations participating in the party-list system, and bona fide candidates seeking national and local elective positions.
2. Size Limitations for Printed Materials:
   
   • Lawful election propaganda includes pamphlets, leaflets, cards, decals, stickers, or other printed materials not exceeding 8.5 inches in width and 14 inches in length.
   • Posters, whether framed or posted, must not exceed 2 feet by 3 feet in size, except that streamers up to 3 feet by 8 feet are allowed for public meetings or rallies, but only 5 days before and 24 hours after the event.
3. Handwritten or Printed Letters:
   
   • Handwritten or printed letters urging voters to vote for or against a particular political party or candidate are considered lawful election propaganda.
4. Paid Advertisements:
   
   • Paid advertisements in print or broadcast media are allowed as a form of lawful election propaganda, subject to the requirements set forth in the law.
5. Other Forms of Propaganda:
   
   • The law also allows “all other forms of election propaganda not prohibited by the Omnibus Election Code or this Act.”

Example:
In the 2025 Philippine national elections, a political party called “Progress for All” wanted to conduct an extensive election propaganda campaign. They planned to:

1. Air television and radio advertisements promoting their party’s platform and candidates.
2. Distribute leaflets and posters throughout the country, with the posters not exceeding the size limitations.
3. Post handwritten letters from the party’s leaders urging voters to support their candidates.
4. Organize a series of public rallies and display 3 feet by 8 feet streamers to announce the events, within the allowed timeframe.

These activities would all be considered lawful election propaganda under the provisions outlined in the search results, as they fall within the permitted media, size, and format requirements for campaign materials.

The key is that the election propaganda must comply with the specific limitations and guidelines set forth in the law to ensure a fair and regulated electoral process.

Question 18

X. ELECTION LAW

E. Campaign

3. Statement of Contributions and Expenses – R.A. No. 7166, sec. 14

Special law - intent is immaterial

All candidates are required
- failure is an election offense, to bar for public office
- when? within 30 days AFTER election day
- even if candidates lost

Answer 18

Here’s a summary of the key points of Section 14 for easy memorization and understanding:

1. Filing Requirement:
   
   • Candidates and party treasurers must file a statement of contributions and expenditures
   • Deadline: Within 30 days after the election
   • Filed in duplicate with the Commission
2. Consequences of Non-Filing:
   
   • Elected officials can’t assume office until they file
   • Winning candidates of parties that don’t file can’t assume office
3. Penalties:
   
   • Administrative fine: ₱1,000 to ₱30,000 (except for barangay candidates)
   • Fine must be paid within 30 days
   • Second/subsequent offense: ₱2,000 to ₱60,000 fine + perpetual disqualification
4. Local Registrar’s Duty:
   
   • Must advise candidates in writing within 5 days of election to file statements
5. Enforcement:
   
   • Unpaid fines enforceable by writ of execution against offender’s properties

Mnemonic: “FILE-30-30-5” (FILE within 30 days, pay fine within 30 days, registrar advises within 5 days)

Example:
Candidate Juan wins a city council seat. The election was held on May 9, 2022. Juan must file his statement of contributions and expenditures by June 8, 2022 (30 days after the election). If he fails to file, he cannot assume office and may be fined up to ₱30,000. The city election registrar should have reminded Juan in writing by May 14, 2022 (5 days after the election) about this requirement. If Juan is fined and doesn’t pay within 30 days, COMELEC can issue a writ of execution against his properties to collect the fine.

This summary captures the essential points of Section 14, focusing on the filing requirements, consequences of non-compliance, penalties, and the role of local election registrars in ensuring compliance with the law.

Question 19

X. ELECTION LAW

F. Remedies
1. Pre-election (Disputes)
a. Petition for Disqualification Sec 68

• Remedy against candidates who dont possess the qualification
• When? : only remedy allowed to file up to the election day, after last day of filing COC, before proclamation
• Summary but requires hearing
• Grounds? - vote buying, terrorism, over spending, solicit from illegal sources, electioneering act, Final Judgment with Moral Turpitude unless with Pardon/Amnesty is Barred
• Conviction - allowed to run after service + 5 years, may be able to run
• Pichay - even penalty reduced to fine, DQ still applies due to conviction
• vote buying for petition - does not require prior Conviction by Final Judgment of Election offense unlike in sec78 requiring FJ

Comelec sitting in Division (not En Banc) - have EO Jurisdiction for sec68 Cancellation

Question 20

X. ELECTION LAW

F. Remedies
1. Pre-election

b. Petition Not to Give Due Course
or
Petition to Cancel Certificates of Candidacy – B.P. Blg. 881, sec. 78

Petition to Cancel COC
- when: not later than 25 days from filing COC last day
- basis: Any Material Misrepresentation in the COC
- reqs: MatMis pertains to the Qualifications» age, residency plus Deliberate Attempt to Mislead = twin reqs to warrant Disqualification
- Villafuerte case - nicknames are not mat misrep because its not a qualifications like age, citizenship, Hence not a ground for DQ

68 vs 78
- 78 is for Material Misrepresentation in COC
- 68 is when there is DQ like Electoral offenses
- Cancelled COC 78 = not candidate, no substitution but under Sec 68 = substitution is available

Cancelled COC of Winner Candidate = he is never considered a candidate at all, he will be removed, 2nd placer will replace him, Vice-mayor will not replace

Answer 20

Section 78: Petition to Deny Due Course to or Cancel a Certificate of Candidacy

Key Points:
1. Ground for Petition: A verified petition can be filed to deny or cancel a certificate of candidacy if any material representation in the certificate is false.
2. Filing Deadline: The petition must be filed within 25 days from the filing of the certificate of candidacy.
3. Decision Deadline: The Commission must decide on the petition after due notice and hearing, not later than 15 days before the election.

Example:
If Candidate A files a certificate of candidacy claiming to be a resident of a certain district but is actually not, any interested party can file a verified petition within 25 days of the filing. The Commission on Elections (COMELEC) will then conduct a hearing and must decide on the petition at least 15 days before the election date.

Mnemonic: “False-25-15”
- False: False material representation
- 25: Petition filed within 25 days of certificate filing
- 15: Decision made at least 15 days before the election

This summary captures the essential points of Section 78, focusing on the grounds for filing a petition, the deadlines for filing and deciding the petition, and the procedural requirements to ensure the integrity of the electoral process.

Question 21

X. ELECTION LAW

F. Remedies

1. Pre-election

c. Petition to Declare a Nuisance Candidate – B.P. Blg. 881, sec. 69

WHO?
- can be done motu propio by Comelec
- the candidate in the same petition

WHEN?
- within 5 days from last day of filing COC (vs 25 in Cancellation petition)
- Declaration requires Opportunity to be Heard, or Hearing

Key Phrase to Remember: “MOCK-CON-WILL”
- MOCKery of elections
- CONfusion among voters
- WILL of the electorate protected

Declared Nuisance - but election day, nuisance received votes
- votes cast for Nuisance, are not stray, count for the bona fide candidate with same name or legitimate candidate as if nuisance never existed

Answer 21

Here’s a summary of the key points of Section 69 on Nuisance Candidates for easy comprehension and memorization:

1. Commission’s Power:
   
   • The Commission (COMELEC) can act on its own (motu proprio) or upon a verified petition.
   • It can refuse to give due course to or cancel a certificate of candidacy.
2. Grounds for Action:
   
   • Mockery or disrepute of the election process
   • Causing voter confusion (e.g., similarity of candidate names)
   • Lack of bona fide intention to run for office
3. Purpose:
   
   • To prevent interference with the true will of the electorate
4. Trigger:
   
   • Filing of certificate of candidacy without genuine intent to run
5. Outcome:
   
   • Cancellation or refusal of certificate of candidacy

Question 22

X. ELECTION LAW

F. Remedies

2. During election
   a. Petition to Postpone Elections – B.P. Blg. 881, sec. 5
   b. Petition to Declare Failure of Elections – B.P. Blg. 881, sec. 6

Answer 22

Here’s a summary of the key points for each section, along with examples for easy memorization and comprehension:

Section 5: Postponement of Election

Key Points:
1. Commission can postpone elections due to serious causes
2. Can act on its own (motu proprio) or upon verified petition
3. Requires due notice and hearing
4. New date should be reasonably close, within 30 days after cause ceases

Example:
If a typhoon destroys voting centers in a province, COMELEC can postpone the election there. After the typhoon passes and infrastructure is restored, COMELEC sets a new election date within 30 days.

Mnemonic: “PVFH-30” (Postpone, Verified petition, Force majeure, Hearing, 30 days)

Section 6: Failure of Election

Key Points:
1. Applies when election cannot be held or is suspended due to various causes
2. Covers issues before, during, and after voting
3. Must affect the election result
4. Requires verified petition, notice, and hearing
5. New election date within 30 days after cause ceases

Example:
If armed groups prevent voting in several municipalities, affecting the overall provincial result, COMELEC can declare a failure of election. After peace is restored, COMELEC schedules a new election within 30 days.

Mnemonic: “FTVC-30” (Failure, Terrorism, Verified petition, Canvass issues, 30 days)

Common Elements:
- Both sections deal with disruptions to the electoral process
- Both require due process (petition, notice, hearing)
- Both set a 30-day limit for rescheduling after the cause ceases
- Both aim to ensure free, orderly, and honest elections

The key difference is that Section 5 deals with postponement before the election day, while Section 6 covers failures on or after the scheduled election day.

Question 23

X. ELECTION LAW

F. Remedies

3. Pre-Proclamation Controversy

Here are three common examples of pre-proclamation controversies in the Philippines:

1. Material Defects in Election Returns:
   
   • A pre-proclamation controversy can arise when there are material defects in the election returns, such as missing signatures or incomplete data, which may affect the validity of the returns and the subsequent canvassing process[1][5].
2. Tampering or Falsification of Election Returns:
   
   • Allegations of tampering or falsification, where the election returns are suspected to have been altered or manipulated, can lead to a pre-proclamation controversy. This includes cases where the numbers in the returns do not match the actual votes cast[1][5].
3. Discrepancies in Election Returns:
   
   • Discrepancies between the election returns and the certificates of canvass, such as mismatched vote totals or inconsistencies in the reported results, can be grounds for a pre-proclamation controversy. These discrepancies may require correction or further investigation by the board of canvassers or the Commission on Elections .

These examples illustrate the types of issues that can be raised in a pre-proclamation controversy, focusing on the integrity and accuracy of the election returns and the canvassing process.

Answer 23

Any question related to or affecting the proceedings of the board of canvassers, which can be raised by any candidate or registered political party before the board or directly with the Commission on Elections (COMELEC), concerning the preparation, transmission, receipt, custody, and appreciation of election returns

Question 24

X. ELECTION LAW

F. Remedies

4. Post-Proclamation

a. Election Contest ( remedies of loser candidate )

i. Election Protest - by a losing candidate for the same office
ii. Quo warranto - by any registered voter in the constituency of winning candidate

ISSUE: plurality of votes vs won candidate is qualified or not

• manual counting may be used if automated machines are not functioning

2 conditions seeking Failure of Election in order for Comelec to Act
1) No voting took place, even if voting, votes cast affected result or failure to elect; AND
2) Votes NOT CAST may have affected the result of election

Prosecution of Election Offenses
- concurrent jurisdiction to conduct preliminary investigation between Comelec and Provincial Prosecutors or Fiscals
- Appeal of Finding in Preliminary investigation – should be filed to Comelec

once COC is filed, campaign period starts&raquo_space; prohibition applies

Answer 24

i. Election Protest

Where to file Protest?
a) METC - Baranggay
b) Sangunian Mayor - RTC
c) Province or City - Comelec
d) Member of HR - HRET

Grounds?
1) vote buying
2) terrorism
3) fraud
4) flying voters
5) disenfrenchisement

NOTE: even with Pending election Protest, Winning Candidates may be proclaimed

What should be used in Recount?
- automated elections : printouts are the functional equivalent of the ballots, may be used

Protestant dies
- right of substitution does not apply in substitution contest, only the vice who has interest may do so

Question 25

X. ELECTION LAW

F. Remedies

4. Post-Proclamation
   a. Election Contest

iii. Jurisdiction -
Presidential Electoral Tribunal – 1987 CONST., art. VII, sec. 4 -
Senate Electoral Tribunal – 1987 CONST., art. VI, sec. 17 -
House of Representatives Electoral Tribunal – 1987 CONST., art. VI, sec. 17 -

COMELEC – 1987 CONST., art. IX-C, sec. 2(2); B.P. Blg. 881, secs. 250 and 253
RTC – R.A. No. 7166, sec. 22; B.P. Blg. 881, secs. 251 and 253 -
MTC – B.P. Blg. 881, secs. 252-253

Question 26

X. ELECTION LAW

G. Prosecution of Election Offenses - 5 years from offenses prescription

RTC - exclusive jurisdiction

(B.P. Blg. 881 as amended by R.A. No. 9369, sec. 265)

Based on Article 261 of the Omnibus Election Code of the Philippines (Batas Pambansa Blg. 881), here are three common election offenses:

Here are the top election offenses listed under Article 261 of the Omnibus Election Code of the Philippines:

1) Vote-Buying and Vote-Selling**:
- Offering or giving money or anything of value to induce a person to vote for or against a candidate, or soliciting such inducements.

2) Conspiracy to Bribe Voters**:
- Agreement between two or more persons to commit vote-buying or vote-selling.

3) Wagering on Election Results**:
- Betting on the outcome of an election or any related contingency.

4) Coercion of Subordinates**:
- Public officers or employers influencing subordinates to vote for or against a candidate through coercion or intimidation.

5) Illegal Release of Prisoners**:
- Releasing prisoners during the election period to influence the election outcome.

6) Use of Public Funds, Equipment, and Facilities**:
- Using government resources for election campaigns.

7) Appointment of New Employees**:
- Hiring new employees or creating new positions during the election period to influence voters.

8) Transfer of Officers and Employees**:
- Transferring or detailing officers and employees in the civil service during the election period without the consent of the Commission on Elections.

9) Intervention of Foreigners**:
- Foreigners participating in any election-related activity.

These offenses are designed to maintain the integrity and fairness of the electoral process by prohibiting activities that could unduly influence the outcome of elections.

Answer 26

Authority EXCLUSIVE - Comelec
Assistance - DOJ
Special Task Force of Comelec-DOJ for investigation & prosecution

Here are the steps for prosecuting election offenses under the Omnibus Election Code of the Philippines, as amended:

1. Filing a Complaint:
   
   • A complaint regarding an election offense can be filed with the Commission on Elections (COMELEC) or its authorized representatives. The complaint should detail the alleged offense and include any supporting evidence.
2. Preliminary Investigation:
   
   • COMELEC has the EXLUSIVE AUTHORITY to conduct preliminary INVESTIGATIONS into election offenses.
     This involves gathering evidence, interviewing witnesses, and determining whether there is sufficient basis to file charges.
3. Collaboration with DOJ:
   
   • COMELEC may request assistance from the Department of Justice (DOJ) to help with the investigation and prosecution of election offenses. A COMELEC-DOJ Special Task Force may be established for this purpose.
4. Filing of Charges:
   
   • If the preliminary investigation finds sufficient evidence, COMELEC will file formal charges against the accused in the appropriate court.
5. Court Proceedings:
   
   • The case will proceed to trial, where the prosecution (COMELEC or DOJ prosecutors) presents evidence and arguments to prove the election offense beyond a reasonable doubt.
6. Judgment and Penalties:
   
   • If the court finds the accused guilty, penalties may include imprisonment, disqualification from holding public office, and deprivation of the right to vote.

These steps ensure that election offenses are addressed through a formal legal process, maintaining the integrity of the electoral system in the Philippines.

Question 27

Question 1:
In the 2022 Philippine national elections, a controversy arose regarding the voter registration of Filipinos living abroad. Some overseas Filipinos claimed they were denied registration due to the 1-year residency requirement in the Philippines.

Based on the provisions of the 1987 Philippine Constitution and RA 8189, which of the following statements is CORRECT regarding the residency requirement for overseas Filipino voters?

A. The 1-year residency requirement in the Philippines does not apply to overseas Filipinos, as they are exempt from this rule.
B. Overseas Filipinos must still meet the 1-year residency requirement in the Philippines to be eligible to register and vote.
C. Overseas Filipinos can register to vote as long as they have resided in the specific locality where they intend to vote for at least 6 months.
D. The residency requirement for overseas Filipinos is determined by the Commission on Elections (Comelec) on a case-by-case basis.

Answer 27

Correct Answer: B. Overseas Filipinos must still meet the 1-year residency requirement in the Philippines to be eligible to register and vote.

Explanation:
According to the 1987 Philippine Constitution and RA 8189, the requirements to exercise the right of suffrage include being a citizen of the Philippines, being at least 18 years of age, and having resided in the Philippines for at least 1 year and in the place where they intend to vote for at least 6 months immediately preceding the election.

These residency requirements apply to all Filipino citizens, including those living abroad. There is no exemption or special provision for overseas Filipinos in the Constitution or RA 8189. Therefore, the 1-year residency requirement in the Philippines still applies to Filipinos living abroad who wish to register and vote in Philippine elections.

The Comelec does not have the discretion to waive or modify this constitutional and statutory requirement on a case-by-case basis. The law is clear that all Filipino voters, regardless of their current location, must meet the same residency qualifications.

Question 28

Question 2:
In the 2022 Philippine national elections, the Comelec implemented a new voter registration system that required all applicants to submit their biometric data, including fingerprints and photographs. Several civil society groups challenged this requirement, arguing that it violated the constitutional prohibition on “other substantive requirements” for the exercise of suffrage.

Based on the provisions of the 1987 Philippine Constitution and RA 8189, which of the following statements is CORRECT regarding the Comelec’s biometric voter registration requirement?

A. The biometric requirement is unconstitutional as it imposes an additional substantive requirement on the exercise of suffrage.
B. The biometric requirement is allowed under RA 8189, which authorizes the Comelec to use an automated voter registration system.
C. The biometric requirement is constitutional as it is a procedural, not substantive, requirement for voter registration.
D. The biometric requirement is discretionary, and the Comelec can choose to implement it or not for each election.

Answer 28

Correct Answer: C. The biometric requirement is constitutional as it is a procedural, not substantive, requirement for voter registration.

Explanation:
The 1987 Philippine Constitution prohibits the imposition of “literacy, property, or other substantive requirement” on the exercise of suffrage. However, this does not mean that the Comelec cannot implement any requirements for voter registration.

The biometric data collection, including fingerprints and photographs, is considered a procedural requirement for voter registration under RA 8189. It is not a substantive requirement that restricts or denies the right to vote itself. Rather, it is a means of establishing the identity and uniqueness of each registered voter, which helps ensure the integrity of the electoral process.

The Constitution’s prohibition is aimed at preventing barriers that would exclude qualified citizens from voting, such as literacy tests or property ownership requirements. The biometric registration, on the other hand, is a reasonable administrative measure to facilitate voter identification and prevent electoral fraud.

Therefore, the Comelec’s implementation of the biometric voter registration requirement is constitutional, as it is a procedural, not substantive, requirement for the exercise of suffrage.

Question 29

Question 1:
In the 2025 Philippine national elections, the Commission on Elections (Comelec) implemented a new online registration system for overseas Filipino voters. However, some overseas Filipinos reported difficulties accessing the system, citing poor internet connectivity in their countries of residence.

Based on the provisions of R.A. No. 9189 and R.A. No. 10590, which of the following statements is CORRECT regarding the Comelec’s responsibility in facilitating overseas absentee voting?

A. The Comelec is not required to provide alternative registration methods for overseas Filipinos with limited internet access, as the online system is the only approved process.
B. The Comelec must ensure that overseas Filipinos have multiple options to register, including in-person at Philippine embassies and consulates, to accommodate those with connectivity issues.
C. Overseas Filipinos who are unable to register online due to internet problems should be automatically included in the National Registry of Overseas Absentee Voters.
D. The Comelec can deny the registration of overseas Filipinos who fail to register through the online system, as it is the most efficient method.

Answer 29

Correct Answer: B. The Comelec must ensure that overseas Filipinos have multiple options to register, including in-person at Philippine embassies and consulates, to accommodate those with connectivity issues.

Explanation:
According to R.A. No. 9189 and R.A. No. 10590, the Comelec is responsible for facilitating the overseas absentee voting process and ensuring equal opportunity for all qualified Filipino citizens abroad to exercise their right to vote.

While the laws allow the Comelec to utilize modern technologies, such as online registration, the Comelec cannot rely solely on these methods, especially when they may exclude certain overseas Filipinos due to factors beyond their control, like poor internet connectivity.

The Comelec has a duty to provide alternative registration channels, including in-person registration at Philippine diplomatic posts, to ensure that all eligible overseas Filipinos can conveniently and effectively register as absentee voters. Denying registration or automatically including those unable to use the online system would be contrary to the spirit and intent of the overseas voting laws.

Therefore, the Comelec must make reasonable efforts to accommodate the diverse needs and circumstances of the overseas Filipino community in order to uphold their constitutional right to suffrage.

Question 30

Question 2:
In the 2025 Philippine national elections, the Comelec implemented a new policy requiring all overseas Filipino voters to submit biometric data, such as fingerprints and facial scans, as part of the registration process. Several overseas Filipino organizations challenged this policy, arguing that it violated the constitutional prohibition on “other substantive requirements” for the exercise of suffrage.

Based on the provisions of R.A. No. 9189 and R.A. No. 10590, which of the following statements is CORRECT regarding the Comelec’s biometric voter registration requirement for overseas Filipinos?

A. The biometric requirement is unconstitutional as it imposes an additional substantive requirement on the exercise of suffrage by overseas Filipinos.
B. The biometric requirement is allowed under the overseas voting laws, as it is a reasonable administrative measure to ensure the integrity of the electoral process.
C. The biometric requirement can only be implemented for overseas Filipinos who voluntarily consent to providing their biometric data.
D. The Comelec has the discretion to waive the biometric requirement for overseas Filipinos on a case-by-case basis.

Answer 30

Correct Answer: B. The biometric requirement is allowed under the overseas voting laws, as it is a reasonable administrative measure to ensure the integrity of the electoral process.

Explanation:
The 1987 Philippine Constitution prohibits the imposition of “literacy, property, or other substantive requirement” on the exercise of suffrage. However, this does not mean that the Comelec cannot implement any procedural requirements for voter registration, including for overseas Filipinos.

The biometric data collection, such as fingerprints and facial scans, is considered a reasonable administrative measure to facilitate voter identification and prevent electoral fraud. It is not a substantive requirement that restricts or denies the right to vote itself.

R.A. No. 9189 and R.A. No. 10590 grant the Comelec the authority to utilize modern technologies and implement necessary procedures to ensure the integrity of the overseas absentee voting system. The biometric requirement, when applied equally to all overseas Filipino voters, falls within the Comelec’s mandate to safeguard the electoral process.

Therefore, the Comelec’s implementation of the biometric voter registration requirement for overseas Filipinos is legal and constitutional, as it is a procedural, not substantive, measure to uphold the integrity of the elections.

Question 31

Question 1:
In the 2025 Philippine national elections, the Commission on Elections (Comelec) received a request from the Department of Education (DepEd) to include public school teachers as eligible local absentee voters. DepEd argued that many teachers are often assigned to polling places outside their registered voting precincts on election day, preventing them from exercising their right to vote.

Based on the provisions of E.O. No. 157 and R.A. No. 7166, which of the following statements is CORRECT regarding the Comelec’s response to the DepEd’s request?

A. The Comelec must grant the DepEd’s request, as public school teachers are government employees who are often away from their registered voting places on election day.
B. The Comelec can deny the DepEd’s request, as E.O. No. 157 and R.A. No. 7166 only allow local absentee voting for specific government officials and employees, not all public sector workers.
C. The Comelec can expand the local absentee voting system to include public school teachers, as this would be in line with the democratic principle of broad participation in elections.
D. The Comelec has the discretion to either grant or deny the DepEd’s request, as the existing laws do not explicitly mandate the inclusion of public school teachers as local absentee voters.

Answer 31

Correct Answer: B. The Comelec can deny the DepEd’s request, as E.O. No. 157 and R.A. No. 7166 only allow local absentee voting for specific government officials and employees, not all public sector workers.

Explanation:
According to E.O. No. 157 and R.A. No. 7166, the local absentee voting system is limited to government officials and employees who, by reason of their public functions and duties, are assigned to places other than their registered voting precincts on election day.

While public school teachers are government employees, they are not explicitly included in the eligibility criteria outlined in the existing laws. The laws do not provide for a general expansion of local absentee voting to all public sector workers, but rather a specific list of eligible government personnel.

Therefore, the Comelec would be within its legal authority to deny the DepEd’s request to include public school teachers as local absentee voters, as this would go beyond the scope of the current legislation. Any expansion of the local absentee voting system would require an amendment to the relevant laws by the Philippine Congress.

The Comelec does not have the discretion to unilaterally broaden the eligibility criteria, as that would be an overreach of its administrative powers. The existing laws must be strictly followed, unless and until they are revised by the legislature.

Question 32

Question 2:
In the 2025 Philippine national elections, the Comelec received a request from the National Union of Journalists of the Philippines (NUJP) to expand the local absentee voting system to include all members of the media, not just those assigned outside their registered voting precincts as per R.A. No. 10380.

The NUJP argued that the current law discriminates against media practitioners who may be covering the elections within their registered voting areas, as they are still unable to cast their ballots on election day.

Based on the provisions of R.A. No. 10380, which of the following statements is CORRECT regarding the Comelec’s response to the NUJP’s request?

A. The Comelec must grant the NUJP’s request, as the current law is unconstitutional for discriminating against media practitioners who are not assigned outside their registered voting areas.
B. The Comelec can deny the NUJP’s request, as R.A. No. 10380 only allows local absentee voting for media members who are assigned outside their registered voting precincts on election day.
C. The Comelec can consider the NUJP’s request and propose an amendment to R.A. No. 10380 to the Philippine Congress to expand the local absentee voting eligibility for media practitioners.
D. The Comelec has the discretion to either grant or deny the NUJP’s request, as the law does not explicitly prohibit the inclusion of all media members as local absentee voters.

Answer 32

Correct Answer: B. The Comelec can deny the NUJP’s request, as R.A. No. 10380 only allows local absentee voting for media members who are assigned outside their registered voting precincts on election day.

Explanation:
R.A. No. 10380, also known as the Local Absentee Voting for Media Act, clearly and explicitly limits the eligibility for local absentee voting to members of the media who are assigned to cover the elections outside their registered voting areas.

The law does not provide for a broader inclusion of all media practitioners, regardless of their election day assignments. Expanding the eligibility criteria would require an amendment to the law by the Philippine Congress, as the Comelec does not have the authority to unilaterally change the scope of the legislation.

While the NUJP’s argument about potential discrimination against media members who are covering the elections within their registered voting precincts may have merit, the Comelec is bound by the existing legal framework. Any perceived unfairness or unconstitutionality of the law would need to be addressed through the legislative process, not through the Comelec’s administrative actions.

Therefore, the Comelec would be legally justified in denying the NUJP’s request, as it falls outside the parameters set by R.A. No. 10380. The Comelec can, however, consider the NUJP’s concerns and propose legislative changes to the Philippine Congress to address the issue.

Question 33

Question 1:
In the 2025 Philippine national elections, a group of civil society organizations filed a petition with the Supreme Court, challenging the implementation of COMELEC Resolution No. 9371 on the grounds that it violates the equal protection clause of the Constitution.

The petitioners argued that the resolution unfairly discriminates against certain categories of PDLs by excluding those convicted of crimes involving disloyalty to the government, such as rebellion or sedition, from being eligible to vote.

Based on the information provided in the search results, which of the following statements is CORRECT regarding the Supreme Court’s likely decision on this petition?

A. The Supreme Court should grant the petition and declare COMELEC Resolution No. 9371 as unconstitutional, as it unjustly denies the voting rights of PDLs convicted of certain crimes.
B. The Supreme Court should dismiss the petition, as COMELEC Resolution No. 9371 is consistent with the law and the Constitution in defining the eligibility criteria for PDL voters.
C. The Supreme Court should partially grant the petition and order COMELEC to revise the resolution to include all PDLs, regardless of their conviction, to ensure equal protection.
D. The Supreme Court has the discretion to either grant or dismiss the petition, as the issue of PDL voting rights is a complex and sensitive matter that requires a careful balancing of interests.

Answer 33

Correct Answer: B. The Supreme Court should dismiss the petition, as COMELEC Resolution No. 9371 is consistent with the law and the Constitution in defining the eligibility criteria for PDL voters.

Explanation:
According to the information provided in the search results, COMELEC Resolution No. 9371 defines the eligibility of PDLs to register and vote based on specific criteria, including the nature of their confinement and the status of their criminal cases.

The resolution explicitly excludes PDLs who are “statutorily denied the right to vote, such as those convicted of certain crimes.” This exclusion is likely based on existing laws and jurisprudence that may restrict the voting rights of individuals convicted of certain offenses, particularly those involving disloyalty to the government.

The Supreme Court has previously upheld the validity of COMELEC Resolution No. 9371, including this specific provision, when it dismissed a similar petition in 2022. The Court found that the resolution does not pose a conflict with legal rights or violate the equal protection clause.

Therefore, the Supreme Court would likely dismiss the current petition as well, as COMELEC Resolution No. 9371 appears to be consistent with the applicable laws and the Constitution in defining the eligibility criteria for PDL voters. The Court is unlikely to interfere with the COMELEC’s reasonable exercise of its rulemaking authority in this matter.

Question 34

Question 2:
In the 2025 Philippine national elections, the Commission on Human Rights (CHR) expressed concerns about the implementation of COMELEC Resolution No. 9371, particularly the requirement for PDLs to obtain court approval to vote outside their registered precincts.

The CHR argued that this requirement poses an undue burden on the voting rights of PDLs, as it may prevent them from exercising their franchise if they are transferred to a different detention facility during the election period.

Based on the information provided in the search results, which of the following statements is CORRECT regarding the CHR’s concerns and the COMELEC’s obligations under the resolution?

A. The CHR’s concerns are valid, and the COMELEC should remove the court approval requirement to ensure unrestricted voting rights for all PDLs.
B. The COMELEC is bound by the court approval requirement in COMELEC Resolution No. 9371 and cannot unilaterally change it without amending the resolution.
C. The COMELEC should work with the judiciary to streamline the court approval process for PDLs to vote outside their registered precincts, addressing the CHR’s concerns.
D. The COMELEC has the discretion to either maintain or modify the court approval requirement, as it is a reasonable measure to protect the integrity of the electoral process.

Answer 34

Correct Answer: C. The COMELEC should work with the judiciary to streamline the court approval process for PDLs to vote outside their registered precincts, addressing the CHR’s concerns.

Explanation:
According to the information provided in the search results, COMELEC Resolution No. 9371 requires PDLs to obtain court approval if they need to vote outside their registered precincts, such as when they are transferred to a different detention facility during the election period.

The CHR’s concerns about this requirement posing an undue burden on the voting rights of PDLs are valid, as it may effectively prevent some PDLs from exercising their franchise due to logistical and administrative challenges.

While the COMELEC is bound by the provisions of its own resolution, it has the authority and responsibility to work with the judiciary to address such issues and ensure that the voting rights of PDLs are protected as much as possible.

By collaborating with the courts to streamline the approval process, the COMELEC can find a balance between maintaining the integrity of the electoral process and facilitating the meaningful participation of PDLs in elections. This would be in line with the COMELEC’s commitment to upholding the constitutional and human rights of all eligible voters, including those deprived of liberty.

The COMELEC should not simply maintain the court approval requirement without considering ways to improve the process and address the concerns raised by the CHR and other stakeholders. A proactive and cooperative approach would be the most appropriate response in this situation.

Question 35

Question 1:
In the 2025 Philippine national elections, the Comelec received a petition for registration from a group called “Advocates for Good Governance” (AGG). The AGG claimed to be a national political party representing the interests of various sectors, including the youth, women, and professionals.

However, during the Comelec’s review of the petition, it was discovered that the AGG’s membership was primarily composed of individuals who had previously lost their bids for elective office in the 2022 elections.

Based on the provisions of R.A. No. 7941 and the Comelec’s rules, which of the following statements is CORRECT regarding the Comelec’s decision on the AGG’s petition for registration?

A. The Comelec must approve the AGG’s petition, as the law does not prohibit the participation of individuals who have previously lost their bids for elective office.
B. The Comelec can deny the AGG’s petition, as the law requires party-list groups to be composed of marginalized and underrepresented sectors, not former candidates.
C. The Comelec can request the AGG to revise its membership and leadership to comply with the law, and then reconsider the petition.
D. The Comelec has the discretion to either approve or deny the AGG’s petition, as the law does not provide clear guidelines on the composition of party-list groups.

Answer 35

Correct Answer: B. The Comelec can deny the AGG’s petition, as the law requires party-list groups to be composed of marginalized and underrepresented sectors, not former candidates.

Explanation:
According to R.A. No. 7941 and the Comelec’s rules, party-list groups must be composed of marginalized and underrepresented sectors, such as labor, peasant, urban poor, and other specified groups. The law also requires that the party-list nominees be bona fide members of the group they seek to represent.

The fact that the AGG’s membership is primarily made up of individuals who previously lost their bids for elective office suggests that the group may not be truly representative of the marginalized and underrepresented sectors it claims to represent. This would be a valid ground for the Comelec to deny the group’s petition for registration, as it does not meet the legal requirements.

The Comelec cannot simply approve the petition based on the group’s claim to represent various sectors, as the law requires a genuine connection between the party-list group and the sectors it seeks to represent. The Comelec has the duty to ensure that the party-list system is not abused or used as a backdoor for former candidates to gain political representation.

While the Comelec could request the AGG to revise its membership and leadership, the group’s composition as described in the scenario would likely still not comply with the legal requirements, and the Comelec would be justified in denying the petition.

Question 36

Question 2:
In the 2025 Philippine national elections, the Comelec received a petition for registration from a group called “United Farmers’ Coalition” (UFC), which claimed to represent the interests of the peasant sector. However, during the Comelec’s review, it was discovered that the UFC’s leadership and membership were predominantly composed of individuals who were not actual farmers or peasants.

Based on the provisions of R.A. No. 7941 and the Comelec’s rules, which of the following statements is CORRECT regarding the Comelec’s decision on the UFC’s petition for registration?

A. The Comelec must approve the UFC’s petition, as the law does not require party-list groups to be exclusively composed of members from the sector they claim to represent.
B. The Comelec can deny the UFC’s petition, as the group’s leadership and membership do not appear to genuinely represent the peasant sector they claim to represent.
C. The Comelec can request the UFC to revise its leadership and membership to include more actual farmers or peasants, and then reconsider the petition.
D. The Comelec has the discretion to either approve or deny the UFC’s petition, as the law does not provide clear guidelines on the composition of party-list groups.

Answer 36

Correct Answer: B. The Comelec can deny the UFC’s petition, as the group’s leadership and membership do not appear to genuinely represent the peasant sector they claim to represent.

Explanation:
According to R.A. No. 7941 and the Comelec’s rules, party-list groups must be composed of MARGINALIZED and UNDERREPRESENTED sectors, and the party-list nominees must be bona fide members of the sector they seek to represent.

In the case of the United Farmers’ Coalition (UFC), the fact that the group’s leadership and membership are predominantly not actual farmers or peasants suggests that they do not genuinely represent the interests of the peasant sector they claim to represent. This would be a valid ground for the Comelec to deny the group’s petition for registration, as it does not meet the legal requirements.

The law requires a genuine connection between the party-list group and the sector it seeks to represent. The Comelec cannot simply approve the petition based on the group’s claim to represent the peasant sector if the composition of the group does not reflect that.

While the Comelec could request the UFC to revise its leadership and membership to include more actual farmers or peasants, the group’s composition as described in the scenario would likely still not comply with the legal requirements, and the Comelec would be justified in denying the petition.

The Comelec does not have the discretion to approve a petition that clearly fails to meet the legal standards for party-list representation, as that would undermine the integrity and purpose of the party-list system.

Question 37

Question 1:
In the 2025 Philippine national elections, the Comelec received a verified complaint from a civil society organization alleging that the “Patriotic Alliance” party-list group was receiving financial support from a foreign political party based in a neighboring country.

Based on the information provided in the search results, which of the following statements is CORRECT regarding the Comelec’s response to this complaint?

A. The Comelec must dismiss the complaint, as the law only prohibits direct funding from foreign governments, not foreign political parties.
B. The Comelec can refuse or cancel the registration of the “Patriotic Alliance” party-list group if it finds that the group is receiving support from a foreign political party for partisan election purposes.
C. The Comelec can only cancel the registration of the “Patriotic Alliance” party-list group if it finds that the group has ceased to exist for at least one year.
D. The Comelec has the discretion to either refuse or cancel the registration of the “Patriotic Alliance” party-list group, as the law does not provide clear guidelines on foreign funding.

Answer 37

Correct Answer: B. The Comelec can refuse or cancel the registration of the “Patriotic Alliance” party-list group if it finds that the group is receiving support from a foreign political party for partisan election purposes.

Explanation:
According to Section 6 of R.A. No. 7941, one of the grounds for the Comelec to refuse or cancel the registration of a political party or party-list group is if “It is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes.”

The search results clearly indicate that this provision prohibits not only direct funding from foreign governments but also support from foreign political parties, foundations, or organizations, whether directly or indirectly, for the purpose of influencing Philippine elections.

Therefore, if the Comelec finds that the “Patriotic Alliance” party-list group is indeed receiving support from a foreign political party for partisan election purposes, it would be within the Comelec’s authority to refuse or cancel the group’s registration under the party-list system.

The law does not provide any exceptions or limitations on this ground for refusal or cancellation of registration. The Comelec does not have the discretion to dismiss the complaint or only consider the group’s cessation of existence as a basis for cancellation.

The key is that the Comelec must follow the clear legal provisions in R.A. No. 7941 regarding the prohibition on foreign funding of Philippine political parties and party-list groups.

Question 38

Question 2:
In the 2025 Philippine national elections, the Comelec received a verified complaint from a concerned citizen alleging that the “People’s Movement” party-list group had made untruthful statements in its petition for registration.

Specifically, the complaint claimed that the group had falsely represented the number of its members and the sectors it claimed to represent in order to meet the registration requirements.

Based on the information provided in the search results, which of the following statements is CORRECT regarding the Comelec’s response to this complaint?

A. The Comelec must dismiss the complaint, as the law only allows the cancellation of registration for untruthful statements that are material to the group’s qualifications.
B. The Comelec can refuse or cancel the registration of the “People’s Movement” party-list group if it finds that the group made deliberate attempts to mislead or hide facts in its petition.
C. The Comelec can only cancel the registration of the “People’s Movement” party-list group if it has ceased to exist for at least one year.
D. The Comelec has the discretion to either refuse or cancel the registration of the “People’s Movement” party-list group, as the law does not provide clear guidelines on what constitutes untruthful statements.

Answer 38

Correct Answer: B. The Comelec can refuse or cancel the registration of the “People’s Movement” party-list group if it finds that the group made deliberate attempts to mislead or hide facts in its petition.

Explanation:
According to Section 6 of R.A. No. 7941, one of the grounds for the Comelec to refuse or cancel the registration of a political party or party-list group is if “It declares untruthful statements in its petition.”

The search results indicate that for such untruthful statements to be a valid ground for refusal or cancellation of registration, they must pertain to the qualifications of the party-list group and involve a “deliberate attempt to mislead, misinform, or hide a fact which would otherwise render the group disqualified from participating in the party-list elections.”

In the case of the “People’s Movement” party-list group, the complaint alleges that the group made false representations regarding the number of its members and the sectors it claims to represent. If the Comelec finds that these were deliberate attempts to meet the registration requirements, it would be justified in refusing or cancelling the group’s registration under the law.

The Comelec does not have the discretion to dismiss the complaint simply because the untruthful statements are not “material” to the group’s qualifications. The law clearly states that any untruthful statements in the petition can be grounds for refusal or cancellation of registration.

Similarly, the Comelec cannot rely solely on the group’s cessation of existence as a basis for cancellation, as the law provides several other specific grounds that the Comelec must consider.

Question 39

Question 1:
In the 2025 Philippine national elections, a new political party called “Digital Progress” wanted to utilize digital billboards as part of their election propaganda campaign. They argued that digital billboards should be considered a lawful form of election propaganda, as they are a modern and effective way to reach voters.

Based on the information provided in the search results, which of the following statements is CORRECT regarding the use of digital billboards as election propaganda?

A. The use of digital billboards for election propaganda is allowed, as the law does not explicitly prohibit this form of campaign material.
B. The use of digital billboards for election propaganda is prohibited, as the law only allows for printed materials of specific size limitations.
C. The Comelec has the discretion to either allow or prohibit the use of digital billboards for election propaganda, as the law is silent on this issue.
D. The use of digital billboards for election propaganda is allowed, but they must comply with the same size limitations as other printed campaign materials.

Answer 39

Correct Answer: B. The use of digital billboards for election propaganda is prohibited, as the law only allows for printed materials of specific size limitations.

Explanation:
According to the information provided in the search results, the law (specifically, the Omnibus Election Code and the Fair Election Act) clearly defines the types of lawful election propaganda materials and their size limitations.

The search results indicate that the law prohibits “the erection, putting up, making use of, attaching, floating or displaying of any billboard, tinplate poster, balloons, and the like, of whatever size, shape, form, or kind, advertising for or against any candidate or political party.”

While the search results mention that Senate Bill 2624 proposed to allow the use of static or light-emitting diode billboards as lawful election propaganda, this bill has not been enacted into law. The current legal framework does not include digital billboards as a permitted form of election propaganda.

The law is specific in its allowance of only certain types of printed materials, such as pamphlets, leaflets, and posters of limited sizes. It does not provide any exceptions or discretion for the Comelec to approve other forms of campaign materials, such as digital billboards.

Therefore, the use of digital billboards by the “Digital Progress” party would be considered prohibited election propaganda under the existing Philippine laws and regulations.

Question 40

Question 2:
In the 2025 Philippine national elections, a candidate for a local government position named “Citizen’s Champion” wanted to distribute campaign materials in the form of customized fans and lighters to voters in his district.

Based on the information provided in the search results, which of the following statements is CORRECT regarding the distribution of these campaign materials?

A. The distribution of customized fans and lighters as campaign materials is allowed, as they are considered lawful election propaganda under the law.
B. The distribution of customized fans and lighters as campaign materials is prohibited, as the law expressly prohibits the distribution of such electoral propaganda gadgets.
C. The Comelec has the discretion to either allow or prohibit the distribution of customized fans and lighters as campaign materials, as the law does not provide clear guidelines on this issue.
D. The distribution of customized fans and lighters as campaign materials is allowed, as long as they do not exceed the size limitations for printed materials.

Answer 40

Correct Answer: B. The distribution of customized fans and lighters as campaign materials is prohibited, as the law expressly prohibits the distribution of such electoral propaganda gadgets.

Explanation:
According to the information provided in the search results, the law (specifically, the Omnibus Election Code) expressly prohibits the “purchase, manufacture, request, distribution or acceptance of electoral propaganda gadgets such as pens, lighters, fans of whatever nature, flashlights, athletic goods or materials, wallets, shirts, hats, bandanas, matches, cigarettes, and the like.”

The search results clearly state that the distribution of these types of campaign materials, including customized fans and lighters, is not allowed under the existing Philippine election laws.

The law does not provide any exceptions or discretion for the Comelec to approve the distribution of these prohibited electoral propaganda gadgets, regardless of their size or other characteristics.

Therefore, the distribution of customized fans and lighters as campaign materials by the “Citizen’s Champion” candidate would be considered a violation of the law and subject to the appropriate penalties and sanctions.

The key is that the law has clearly defined the types of lawful election propaganda materials, and the distribution of any items not explicitly permitted, such as customized fans and lighters, is prohibited.

Question 41

A violent conflict breaks out in a province just days before the scheduled election, making it impossible to hold a free, orderly, and honest election. What steps must the Commission on Elections (COMELEC) take to postpone the election, and what is the maximum allowable time frame for rescheduling the election after the cause ceases?

A) Postpone the election motu proprio or upon a verified petition, provide due notice and hearing, and reschedule within 60 days after the cause ceases.
B) Postpone the election motu proprio or upon a verified petition, provide due notice and hearing, and reschedule within 30 days after the cause ceases.
C) Postpone the election only upon a verified petition, provide due notice and hearing, and reschedule within 30 days after the cause ceases.
D) Postpone the election motu proprio or upon a verified petition, provide due notice and hearing, and reschedule within 15 days after the cause ceases.

Answer 41

Answer: B) Postpone the election motu proprio or upon a verified petition, provide due notice and hearing, and reschedule within 30 days after the cause ceases.

Legal Reasoning: According to Section 5 of the Philippine election law, COMELEC can postpone an election due to serious causes such as violence. This can be done either motu proprio or upon a verified petition. The postponement requires due notice and a hearing where all interested parties are given an equal opportunity to be heard. The new election date must be reasonably close to the original date but not later than 30 days after the cause for postponement ceases.

Question 42

During the counting of votes in a municipal election, an armed group seizes the ballot boxes, leading to the suspension of the election process. This incident affects the overall result of the election. What actions must COMELEC take to address this failure of election, and within what time frame must the election be rescheduled?

A) Declare a failure of election upon a verified petition, provide due notice and hearing, and reschedule within 60 days after the cause ceases.
B) Declare a failure of election motu proprio, provide due notice and hearing, and reschedule within 30 days after the cause ceases.
C) Declare a failure of election upon a verified petition, provide due notice and hearing, and reschedule within 30 days after the cause ceases.
D) Declare a failure of election only upon a verified petition, provide due notice and hearing, and reschedule within 15 days after the cause ceases.

Answer 42

Answer: C) Declare a failure of election upon a verified petition, provide due notice and hearing, and reschedule within 30 days after the cause ceases.

Legal Reasoning: According to Section 6 of the Philippine election law, a failure of election can be declared if the election is not held, is suspended, or results in a failure to elect due to causes such as violence or fraud. This declaration requires a verified petition by any interested party, due notice, and a hearing. The new election date must be reasonably close to the original date but not later than 30 days after the cause for the failure ceases.

Question 43

Election Period

Answer 43

120 days period BEFORE the election

Prohibitions
- transfer of employees in CSC, includes Re-assignment
- carrying or transport of firearms
- use of security unless with permit
- giving cash or donation
- hiring of new employees
- anything that will influence these people to vote in favor
- construction of public works
- vote buying means — GIVE or OFFER in order to induce

Question 44

Campaign Period

Answer 44

National - 90 days BEFORE THE

Local - 45 days Before

Question 45

Prescription of Election offenses

Answer 45

Prescriptive period of election offenses - 5 years
Exclusive jurisdiction of RTC
Except MTC on Exclusion Inclusion of Voters