Finals Reviewer
Finals Reviewer
BASIC CONCEPTS
Rule-making Power (Power of
o A power given to administrative
Subordinate Legislation)
agencies to issue or promulgate rules
and regulations which are necessary to
carry out their functions
Rules and Regulations
Rationale
Necessity
General Rule
Basis
Permissibility of
Delegation
Validity of
Delegation
o Delegation
President
o Delegation
President
o Delegation
o Delegation
o Delegation
Delegation of emergency
regulations
powers to the President
Sec 23(2), Art VI
Delegation to the people at
large Sec 32, Art VI
Delegation to local
governments Sec 3, Art X
Delegation to
administrative bodies by
legislative act (enabling
law) or by necessary
implication
WON the grant meets the:
Completeness test
Completeness test
A statute is complete when
Sufficient Standard test
it leaves the legislature (the
subject and the manner and
the extent of its operation
are stated in it) such that
when it reaches the
delegate, the only thing he
will have to do is to enforce
it
Whether the provision is
sufficiently definite and
certain to enable one to
know his rights and
obligations thereunder
Sufficient standard test
There must be adequate
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Validity of
Exercise
guidelines or limitations in
the law to map out the
boundaries of the
delegates authority and
prevent the delegation from
running riot
Requisites of a valid
administrative issuances:
Must not be inconsistent
with the Constitution
(Sutton)
Must not be inconsistent
with statute (SolGen)
Cannot amend an act of
Congress (De La Serna)
Cannot exceed provision of
laws (BFHI)
Must be uniform,
reasonable; not unfair or
discriminatory (Lupangco)
QUASI-JUDICIAL POWER
Quasi-judicial power
(adjudicatory power)
BASIC CONCEPTS
It involves the power to hear and
determine, or ascertain facts and
decide by the application of rules
to the ascertained facts
Illustrative Cases
Smart vs NTC
In questioning the validity of rule
or regulation issued by an
administrative agency, party
need not exhaust administrative
remedies before going to court.
This principle applies only where
the act of administrative agency
was performed pursuant to its
quasi-judicial function
Guerzon vs CA
There is nothing in PD 1206 that
would suggest that the same or
similar jurisdiction has been
granted to Bureau of Energy
Utilization. BEUs jurisdiction is
limited to cases involving
violation or non-compliance with
4. Summary
5. Equitable
To apply compulsion
to effectuate legal
purpose without
judicial warrant
Power to make
proper application of
rules and equity
Acceptance Board
relieve certain
person from
military training
Abatement of
nuisance
Restraint or levy of
property of
delinquent
taxpayer
Cease and desist
order
Review
interest of
the plaintiff
is subjected
to or
imminently
threatened
with
substantial
injury
the timing
of judicial
review
Making
power
premature
adjudication
- protection
from judicial
interference
7. Qualified political
agency
8. Constitutionality
of Rules and
Regulation
9. Result to
irreparable
damage or injury
to plaintiff
10. Strong public
interest is
involved
11. Estoppel (party
who invokes is in
estoppel)
Redundant exercise
(the secretary is the
alter ego of the
President)
Almine vs CA
Judicial prerogative
Smart vs NTC
Self-preservation
UP Board of
Regeant vs Rasul
To avoid uncertainty
Arrow Transpo Co
vs BOT
Agency is bound by
its actions
Tan vs Veterans
Backpay
Commission
3. Questions of Law
and of Fact
Exceptions:
- When expressly
allowed by law
- Fraud, imposition, or
mistake other than
error in judgment
- Error in appreciation
of pleadings and
interpretation of
evidence submitted
- Both findings are
subject to judicial
review
- Courts may
substitute its
judgement for that
of the
Example: WON a
nuisance
ADMINISTRATIVE PROCEEDINGS
Rules of Procedure
Basis of Formulation
BASIC CONCEPTS
Every quasi-judicial body has its
own rules of procedure which it
issues as guides in its
adjudication of cases filed with it
Nature of administrative
bodies
Purpose for which they are
organized
Persons who compose
them
rigidity
Bantolino vs Coca-Cola
7. Supreme Court may modify Art VIII, Sec 5(5) - Promulgate
Rules of Procedure
rules concerning the protection
and enforcement of
constitutional rights, pleading,
practice, and procedure in all
courts, the admission to the
practice of law, the integrated
bar, and legal assistance to the
underprivileged. Such rules shall
provide a simplified and
inexpensive procedure for the
speedy disposition of cases, shall
be uniform for all courts of the
same grade, and shall not
diminish, increase of modify
substantive rights. Rules of
procedure of special courts
and quasi-judicial bodies
shall remain effective unless
disapproved by the Supreme
Court.
8. Quantum of Proof
(Substantial Evidence)
First Lepanto vs CA
Such evidence as a reasonable
mind may accept as adequate to
support a conclusion
Preponderance of
evidence
Substantial evidence
1.
2.
3.
4.
conviction of its
factuality
Just weigh the
Civil case
evidence of the
parties. Whose
evidence has the
greater waeight?
Such evidence as a
Administrative
reasonable mind may proceedings
accept as adequate
to support a
conclusion
ELECTION LAW
CHAPTER 1
SUFFRAGE, ELECTION & REGISTRATION OF VOTERS
DEFINITION OF TERMS
ELECTION
a. The means process or system
b. By which the people true
sovereign
c. Choose their officials selection
d. For a definite and fixed period
term of office
e. The exercise of the power of the
government legislative,
executive
SUFFRAGE
a. The right to vote citizens
participation
1. In the election of all officer
chosen by the people
general or special election
2. And in the determination of
all questions submitted to
the plebiscite or referendum,
initiative, recall
a. Suffrage is a broader term
because it includes participation
not only in the election of public
officers but also in the plebiscite
or referendum on a proposed
law enactment
b. Election is limited to expression
of voters choice in the selection
of officials
ELECTION
PLEBISCITE
SCOPE OF SUFFRAGE
a. Expression of the sovereign will
of the people
b. Involving the choice or selection
of candidates to public office by
the popular vote
a. Election at which any proposed
amendment to, or revision of
the constitution
b. Is submitted to the people for
their ratification
REFERENDUM
INITIATIVE
RECALL
GENERAL
SPECIAL
proposal is
submitted to
the vote of
electors
referendum or
plebiscite
Social expediency
Tribal
Feudal
ethical
THEORIES ON SUFFRAGE
a. Inherent right of
This view dominated
every citizens
USA and France
b. By virtue of his
political thought in the
membership in the 18th century
state
c. Who is not
disqualified by
reason of his own
reprehensible
conduct or
unfitness
a. Public officer or
Not right, but duty
functions
enjoined upon sum
b. Conferred upon
citizens
those fit and
capable of
discharging it
a. Suffrage is a
Not a natural right but
necessary attribute accrues only when one
b. Of membership in
became member of the
the state
state
a. Vested privilege
Before in most US
b. Usually
states only Caucasian
accompanying the males who owned at
ownership of the
least 50 acres of land
land
a. Necessary and
Indicative of political
essential means
maturity
b. For the
development of
the society
A right
a. Expression of the
sovereign will of
the people
A privilege
a. Not granted to
everybody but to
such persons as
are most likely to
exercise it for the
common good
A duty
Basic
provisions
Gender
Philippines not
otherwise
disqualified by
law, who are
twenty-one years
of age or over and
are able to read
and write, and
who shall have
resided in the
Philippines for
one year and in
the municipality
wherein they
propose to vote
for at least six
months preceding
the election. The
National
Assembly shall
extend the right
of suffrage to
women, if in a
plebiscite which
shall be held for
that purpose
within two years
after the adoption
of this
Constitution, not
less than three
hundred thousand
women
possessing the
necessary
qualifications
shall vote
affirmatively on
the question.
Male citizens only
Philippines not
otherwise
disqualified by
law, who are
eighteen years of
age or over, and
who shall have
resided in the
Philippines for at
least one year
and in the place
wherein they
propose to vote
for at least six
months preceding
the election. No
literacy, property,
or other
substantive
requirement shall
be imposed on
the exercise of
suffrage. The
Batasang
Pambansa shall
provide a system
for the purpose of
securing the
secrecy and
sanctity of the
vote.
citizens of the
Philippines not
otherwise
disqualified by
law, who are at
least eighteen
years of age, and
who shall have
resided in the
Philippines for at
least one year,
and in the place
wherein they
propose to vote,
for at least six
months
immediately
preceding the
election. No
literacy, property,
or other
substantive
requirement shall
be imposed on
the exercise of
suffrage.
Age
21 years of age
Citizens (no
distinction)
18 years of age
Residence
At least 1 year
At least 1 year
literacy
Phil.
6 months place
to vote
Able to read and
write
Phil.
6 months place
to vote
No literacy or
property
requirement
Phil.
6 months place
to vote
No literacy or
property
requirement
No further qualifications
PRE-ELECTION
(before)
Registration
Challenge
Inclusion
Exclusion
Voters qualification
Certificate of
candidacy
Watchers
Election campaign
Election
propaganda
ELECTION PROPER
(during)
Casting of votes
Challenge of illegal
votes
Records of challenges
and oaths
- Minute of voting
and counting of
votes
- List of unused
ballots
POST-ELECTION
(after)
Counting of votes
Board of elections
inspectors
Appreciation of
ballots
Election returns
Announcement of
result and issuance
of certificate of
votes received
Canvass and
proclamation
LAW
BP 881
RA 8189
RA 9189
RA 10367
Pre-proclamation
controversy
Election protest
against proclaimed
candidate
Original and
exclusive jurisdiction
Appellate
jurisdiction
Requisite of election
protest
Quo warranto, its
requisites
Election offenses
appeal
RATIONALE
NECESSITY
DIQUALIFICATION
REGITRATION OF VOTERS
a. as a means of determining who possess the
qualifications of voters requires the
examination of the claim of persons to vote on
the ground of possessing these qualifications
b. of regulating the exercise of the right to vote
reasonable and convenient means
a. registration is essential to the exercise of the
right to vote
b. It is a part and parcel of the right to vote
c. Indispensable element in the election process
(a) Any person who has been sentenced by final
(SAME SUFFRAGE)
REGITRATION OF VOTERS
DUTY TO REGISTER
SEC 4 BP 881 - It shall be the
obligation of every citizen qualified to
vote to register and cast his vote.
SEC 115 BP 881 DEC 3, 1985
A. In order that a qualified elector
may vote in any election,
plebiscite or referendum,
B. he must be registered in the
permanent list of voters for the
city or municipality in which he
resides.
REGISTRATION
CONTINUING REGISTRATION
MANDATORY BIOMETRIC
CAPTURE
Chapter 3
CHALLENGE, INCLUSION, EXCLUSION, ANNULMENT OF BOOK OF VOTERS
SEC 35 RA 8189
WHEN TO FILE
SEC 35 RA 8189
WHEN TO DECIDE
APPEAL
a. At any time
b. Except 100 days prior to regular
election or 65 days prior to
special election
Within 10 days after its filing
a. Within 5 days from receipt of
notice
b. To RTC
c. Decide appeal within 10 days
from receipt
d. Decision is final and executory
(no MR)
Exclusion)
EXCLUSION
a. Any registered
voter
b. Representative
of a political
party
c. Election officer
a. Sworn petition
(stating name,
address, precinct of
challenged voter)
b. Proof of notice to
the board and to the
challenged voter
WHERE TO
FILE
for challenge
Election Registration
Board
WHEN TO
FILE
WHEN TO
DECIDE
APPEAL
REQUIREMENTS
the board
Municipal or
metropolitan
trial court
a. At any
time
b. Except
105 days
prior to
regular
election
or 75
days
prior to
special
election
Within 15 days
after its filing
a. Within 5
days
from
receipt of
notice
b. To RTC
c. Decide
appeal
within 10
days
from
receipt
d. Decision
is final
and
executor
y (no MR)
Municipal or
metropolitan trial
court
a. At any time
b. Except 100
days prior to
regular
election or 65
days prior to
special
election
a. Verified petition
Continuing registration
Sec 39 RA 8189
Continuing registration
GROUNDS
LIMITATIONS
Sec 39 RA 8189
Continuing registration
CHAPTER 4
QUALIFICATIONS AND DISQUALIFICATIONS
LITERACY
VOTER
REGISTRATION
RESIDENCE
Phil. at least 10
year preceding
election
RESIDENCE
Resident of
province at
least 1 year
preceding
election
Phil. not
less than 2
years
preceding
Phil. not
less than 2
years
preceding
Phil. not
less than 2
years
preceding
Phil. not
less than 2
years
preceding
election
QUALIFICATIONS
DISQUALIFICATION
NATURL BORN
CITIZEN
SEC 2 ART IV
DOMICILE
election
election
DEFINITION OF TERMS
a. Any person
b. Aspiring for or seeking an
elective office
c. Who has filed a certificate of
candidacy
d. By himself or through an
accredited political party
aggroupment or coalition of
parties
a. Condition or circumstance
b. That must be met or complied
with
c. To make a person suitable for a
particular position
a. The quality of not being
suitable
b. For a particular position
CANDIDATE
SEC 79(a) BP 881
RESIDENCE
election
DEFINITION OF TERMS
a. Those who are citizens of the Philippines at
the time of the adoption of this Constitution
b. Without having to perform any act to
acquire or perfect their citizenship
c. Those born before January 17, 1973, of
Filipino mothers, who elect Philippine
citizenship upon reaching the age of
majority
Indicate a place of abode, whether permanent or
temporary
a. For the exercise of civil rights and fulfilment
of obligations
b. The domicile of natural person is their
habitual residence
DISQUALIFICATIONS
INCOMPETENT OR INSANE
Declared as incompetent or insane
by competent authority
CONVICTION
Sentenced by final judgement for
(subversion, insurrection,
subversion, insurrection, rebellion or
rebellion)
any offense for which he has been
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OR
CONVICTION
(any offenses, 18 months or more
imprisonment)
CONVICTION
(crime involving moral turpitude)
PERMANENT RESIDENT
or
IMMIGRANT
(foreign country)
CHAPTER 5
CANDIDACY
Candidate?
Any person aspiring for or seeking an elective public office, who has filed a
certificate of candidacy by himself or through an accredited political party,
aggroupment, or coalition of parties. (Sec. 79, BP 881)
Certificate of Candidacy (COC) ?
Sworn document required to be filed by a person in order to be eligible for any
elective public office.
Contents of a COC? (Sec. 74, BP 881)
The certificate of candidacy shall state that the person filing it is announcing his
candidacy for the office stated therein and that he is eligible for said office;
Unless a candidate has officially changed his name through a court approved
proceeding, a certificate shall use in a certificate of candidacy the name by which
he has been baptized.
Not baptized in any church or religion? - name registered in the office of the
local civil registrar or any other name allowed under the provisions of existing law
In case of a Muslim? - Hadji name after performing the prescribed religious
pilgrimage:
Two or more candidates for an office with the same name and surname?
Each candidate, upon being made aware or such fact, shall state his paternal and
maternal surname, except the incumbent who may continue to use the name and
surname stated in his certificate of candidacy when he was elected. He may also
include one nickname or stage name by which he is generally or popularly known
in the locality.
The person filing a certificate of candidacy shall also affix his latest photograph,
passport size; a statement in duplicate containing his bio-data and program of
government not exceeding one hundred words, if he so desires.
Requisite for Eligibility; Rules (Sec. 73, BP 881)
No person shall be eligible for any elective public office unless he files a sworn
certificate of candidacy within the period fixed herein.
A person who has filed a certificate of candidacy may, prior to the election,
withdraw the same by submitting to the office concerned a written declaration
under oath.
No person shall be eligible for more than one office to be filled in the same
election, and if he files his certificate of candidacy for more than one office, he
shall not be eligible for any of them.
However, before the expiration of the period for the filing of certificates of
candidacy, the person who was filed more than one certificate of candidacy
may declare under oath the office for which he desires to be eligible and cancel
the certificate of candidacy for the other office or offices.
The filing or withdrawal of a certificate of candidacy shall not affect whatever
civil, criminal or administrative liabilities which a candidate may have incurred.
Cases:
De Guzman
Doctrines
.. after the people have expressed their will honestly,
Administrative Law & Election Law (Atty Gallant
Soriano)
2S 2015-2016 Finals Reviewer
v. Board of
Canvassers
48 Phil 211
Jurilla v.
COMELEC
G.R. No.
105436, June
2, 1994
Any person who files his certificate of candidacy within this period shall
only be considered as a candidate at the start of the campaign period for
which he filed his certificate of candidacy: Provided, That, unlawful acts
or omissions applicable to a candidate shall effect only upon that start of
the aforesaid campaign period: Provided, finally, That any person holding
a public appointive office or position, including active members of the
armed forces, and officers, and employees in government-owned orcontrolled corporations, shall be considered ipso factor resigned from
his/her office and must vacate the same at the start of the day of the
filing of his/her certification of candidacy. (Sec 13, RA 9369, amending
Sec 11 of RA 8436)
Cases:
PNOC
Energy
v. NLRC
G.R. No.
100947
May 31,
1993
Doctrines
..Section 66 of the Omnibus Election Code applies to officers and
employees in government-owned or controlled corporations, even
those organized under the general laws on incorporation and
therefore not having an original or legislative charter, and even if
they do not fall under the Civil Service Law but under the Labor
Code. In other words, Section 66 constitutes just cause for
termination of employment in addition to those set forth in the
Labor Code, as amended.
Sec. 66, BP 881 applies even to employees of government-owned or
controlled corporations without an original charter.
Section 4(a) of COMELEC Resolution 8678 is a faithful reflection of
the present state of the law and jurisprudence on the matter.
Quinto
v.
COMELE
C
Incumbent Appointive Official. - Under Section 13 of RA 9369,
613 SCRA which reiterates Section 66 of the Omnibus Election Code, any
385
person holding a public appointive office or position, including active
members of the Armed Forces of the Philippines, and officers and
employees in government-owned or -controlled corporations, shall
be considered ipso facto resigned from his office upon the filing of
his certificate of candidacy.
provision.
Effect of filing two (2) certificate of candidacy (Sec 73, par. 3, BP
881)
No person shall be eligible for more than one office to be filled in the same
election, and if he files his certificate of candidacy for more than one office, he
shall not be eligible for any of them.
Case:
Catalina Loreto-Go
v. COMELEC
G.R. No. 147741
May 10, 2001
Doctrines
We annul the COMELEC resolution declaring petitioner
disqualified for both positions of governor of Leyte and
mayor of the municipality of Baybay, Leyte. he filing of
the affidavit of withdrawal with the election officer of
Baybay, Leyte, was a substantial compliance with the
requirement of the law. We hold that petitioner's
withdrawal of her certificate of candidacy for mayor of
Baybay, Leyte was effective for all legal purposes, and
left in full force her certificate of candidacy for
governor.
When a person files two certificates of candidacy for
different offices, he becomes ineligible for either
position. He may withdraw one of his certificates by filing
a sworn declaration with the COMELEC before the
deadline for the filing of certificates of candidacy.
Cases:
Doctrines
The Election Code allows a person who has filed a
certificate of candidacy to withdraw the same prior to
the election by submitting a written declaration under
oath. There is no provision of law which prevents a
candidate from withdrawing his certificate of candidacy
before the election
Luna v. COMELEC
G.R. No. 165983 April
Hans Roger already withdrew his certificate of
24, 2007
candidacy before the COMELEC declared that he was not
a valid candidate. Therefore, unless Hans Rogers
certificate of candidacy was denied due course or
cancelled in accordance with Section 78 of the Election
Code, Hans Rogers certificate of candidacy was valid
and he may be validly substituted by Luna.
whereby he withdrew his withdrawal of his
certificate of candidacy, can only be considered as a new
certificate of candidacy which, having been filed only
four days before the election, could not legally be
accepted under the law, which expressly provides that
Monsale vs. Nico
such certificate should be filed at sixty days before the
83 Phil. 758
election.
Doctrines
foregoing provisions give the Commission no
discretion to give or not to give due course to
petitioner's certificate of candidacy. On the contrary, the
Conunission has, admittedly, the "ministerial" duty to
receive said certificate of candidacy. Of what use would
Cases:
Pendatun Salih v.
Sales
G.R. No. 122872
September 10, 1997
Doctrines
on the basis only of the election returns which, on
their face, appear regular and wanting of any physical
signs of tampering, alteration, or other similar vice, the
Second Division could not justifiably exclude said returns
on the occasion of a pre-proclamation controversy
whose office is limited to incomplete, falsified or
materially defective returns which appear as such on
their face. If there had been sham voting or minimal
voting which was made to appear as normal through the
falsification of the election returns by private respondent
Alonzos followers, such grounds are properly cognizable
Loong v. COMELEC
216 SCRA 760
CHAPTER 6
CAMPAIGN
Election campaign?
Also called partisan political activity, refers to an act designed to promote the
election or defeat of a particular candidate or candidates to a public office which
shall include:
(1)
Forming organizations, associations, clubs, committees or other
groups of persons for the purpose of soliciting votes and/or undertaking any
campaign for or against a candidate;
(2)
Holding political caucuses, conferences, meetings, rallies, parades, or
other similar assemblies, for the purpose of soliciting votes and/or
undertaking any campaign or propaganda for or against a candidate;
(3)
Making speeches, announcements or commentaries, or holding
interviews for or against the election of any candidate for public office;
(4)
Publishing or distributing campaign literature or materials designed to
support or oppose the election of any candidate; or
(5)
Directly or indirectly soliciting votes, pledges or support for or against
a candidate.
What are not considered election campaign or partisan political activity?
1-5, If performed for the purpose of enhancing the chances of aspirants for
nomination for candidacy to a public office by a political party,
aggroupment, or coalition of parties.
Public expressions or opinions or discussions of probable issues in a
forthcoming election or on attributes of or criticisms against probable
candidates proposed to be nominated in a forthcoming political party
convention
Prohibitions?
Election campaign or partisan political activity outside campaign period.
However, political parties may hold political conventions or meetings to
nominate their official candidates within thirty days before the commencement
of the campaign period and forty-five days for Presidential and VicePresidential election. (Sec. 80, BP 881)
Intervention of foreigners. It shall be unlawful for any foreigner, whether
judicial or natural person, to aid any candidate or political party, directly or
indirectly, or take part in or influence in any manner any election, or to
contribute or make any expenditure in connection with any election campaign
or partisan political activity. (Sec 81, BP 881)
Removal, destruction or defacement of lawful election propaganda prohibited.
It shall be unlawful for any person during the campaign period to remove,
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Adiong v.
COMELEC
G.R. No. 103956
March 31, 1992
Doctrines
The COMELEC's prohibition on posting of decals and
stickers on "mobile" places whether public or private
except in designated areas provided for by the COMELEC
itself is null and void on constitutional grounds.
The prohibition unduly infringes on the citizens
fundamental right of free speech enshrined in the
Constitution (Sec. 4, Article III). There is no public
interest substantial enough to warrant the kind of
restriction involved in this case.
The holding of exit polls and the dissemination of their
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Soriano)
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Chavez v.
COMELEC
G.R. No. 162777
August 31, 2004
Election expenses?
Includes the payment or delivery of money of anything of value, or a contract,
promise or agreement to make an expenditure, for the purpose of influencing the
results of the election. (Sec 94, BP 881)
Prohibited contributions (Sec 95, BP 881)
Limitations? (Sec 13, RA 7166)
Authorized Expenses of Candidates and Political Parties
The agreement amount that a candidate or registered political party may spend
for election campaign shall be as follows:
For candidates:
o Ten pesos (P10.00) for President and Vice-President; and
o Three Pesos (P3.00) for other candidates for every voter currently
registered in the constituency where he filed his certificate of candidacy:
Provided, That a candidate without any political party and without support
from any political party may be allowed to spend Five Pesos (P5.00) for
every such voter
For political parties:
o Five pesos (P5.00) for every voter currently registered in the constituency
or constituencies where it has official candidates.
Statement of Contributions and Expenditures (Sec 14, RA 7166)
Every candidate and treasurer of the political party shall, within thirty (30) days
after the day of the election, file in duplicate with the offices of the Commission
the full, true and itemized statement of all contributions and expenditures in
connection with the election.
No person elected to any public offices shall enter upon the duties of his office
until he has filed the statement of contributions and expenditures herein
required.
The same prohibition shall apply if the political party which nominated the
winning candidate fails to file the statement required herein
Effect of failure to file statement? ADMINISTRATIVE OFFENSE (Sec 14, RA
7166)
Offenders shall be liable to pay an administrative fine ranging from One
thousand pesos (P1,000.00) to Thirty thousand pesos (P30,000.00), in the
discretion of the Commission.
Administrative Law & Election Law (Atty Gallant
Soriano)
2S 2015-2016 Finals Reviewer
For the commission of a second or subsequent offense under this section, the
administrative fine shall be from Two thousand pesos (P2,000.00) to Sixty
thousand pesos (P60,000.00), in the discretion of the Commission. In
addition, the offender shall be subject to perpetual disqualification to
hold public office.
Case:
Pilar v. COMELEC
CHAPTER 7
WATCHERS
Who are entitled?
Every registered political party, coalition of political parties and every
independent candidate shall each be entitled to one watcher in every polling
place. (Sec 178, BP 881; Sec 26, RA 7166)
Qualifications (Sec 178, BP 881)
a. Qualified voter of the city or municipality;
b. of good reputation and shall not have been convicted by final judgment of
any election offense or of any other crime;
c. must know how to read and write Pilipino, English, Spanish or any of the
prevailing local dialects; and
d. not related within the fourth civil degree of consanguinity or affinity to the
chairman or any member of the board of election inspectors in the polling
place where he seeks appointment as a watcher.
Rights and Duties of watchers (Sec 179, BP 881)
The watchers shall have the right to stay in the space reserved for them
inside the polling place.
They shall have the right to witness and inform themselves of the
proceedings of the board of election inspectors, including its proceedings
during the registration of voters, to take notes of what they may see or
hear, to take photographs of the proceedings.
to file a protest against any irregularity or violation of law
to read the ballots after they shall have been read by the chairman
to be furnished with a certificate of the number of votes in words and
figures cast for each candidate
Other watchers
The duly accredited citizens arm of the Commission shall be entitled to appoint a
watcher in every polling place. Other civic, religious, professional, business,
service, youth and any other similar organizations, with prior authority of the
Commission, shall be entitled collectively to appoint one watcher in every polling
place.
CHAPTER 8
CASTING OF VOTES
Preparation of ballots for illiterate and disabled persons
A voter who is illiterate or physically unable to prepare the ballot by himself may
be assisted in the preparation of his ballot by:
a relative, by affinity or consanguinity within the fourth civil degree; or
if he has none, by any person of his confidence who belong to the same
household or any member of the board of election inspectors, except the
two party members.
No voter shall be allowed to vote as illiterate or physically disabled
unless it is so indicated in his registration record.
Limitations
In no case shall an assistor assist more than three times except the non-party
members of the board of election inspectors.
The person thus chosen shall prepare the ballot for the illiterate or disabled
voter inside the voting booth.
The person assisting shall bind himself in a formal document under oath to fill
out the ballot strictly in accordance with the instructions of the voter and not to
reveal the contents of the ballot prepared by him.
Authentication of Ballots
Signature of Chairman at the Back of Every Ballot.
In every case before delivering an official ballot to the voter, the chairman of the
board of election inspectors shall, in the presence of the voter, affix his signature
at the back thereof.
Failure? - Failure to so authenticate shall be noted in the minutes of the board of
election inspectors and shall constitute an election offense
Cases:
Libanan v. HRET
Doctrines
There is really nothing in the above law to the effect
that a ballot which is not so authenticated shall thereby
Punzalan v.
COMELEC
289 SCRA 702
Upon the taking of such oath, the challenge shall be dismissed and the
challenged voter shall be allowed to vote, but in case of his refusal to take
such oath, the challenge shall be sustained and he shall not be allowed to
vote.
Record of challenges (Sec 202, BP 881)
The poll clerk shall keep a prescribed record of challenges and oaths taken in
connection therewith and the resolution of the board of election inspectors in each
case and, upon the termination of the voting, shall certify that it contains all the
challenges made.
CHAPTERS 9
BOARD OF ELECTION INSPECTORS
BOARD OF ELECTION INSPECTORS
a. Chairman
b. Member
c. Poll clerk
COMPOSITION
QUALIFICATIONS
Sec 2 RA 8786
DISQUALIFICATION
Sec 3 RA 8786
POWERS
Sec 10 RA 8786
CHAPTER 10
COUNTING OF VOTES
COUNTING
OF VOTES
Administrative
Law & Election
Law (Atty Gallant
Soriano)
a. As soon as the voting is finished, the board of
2S 2015-2016 Finals Reviewer
PROCEDURE
Sec 206 BP 881
CHAPTER 11
PRE-PROCLAMATION CONTROVERSY
DEFINITION
(Sec.241, B.P.881)
PURPOSE
RATIONALE
2. Election Returns
Lagumbay v. Comelec, 16 SCRA 175
were prepared
In each precinct the number of the registered
under duress,
voters equaled the number of ballots and number
threats, coercion,
of votes reportedly cost and tallied for each and
and intimidation,
every candidate of LP, whereas, all the NP got
or they are
exactly zero. Supreme Court stated that said
obviously
returns were obviously false or fabricated-prima
facie, and enunciated the doctrine of statistical
manufactured or
improbability.
not authentic.
3. When substitute
Espaldon v. Comelec G.R. No. L-78987 Aug.
or fraudulent
25, 1987
returns in
Padded voters list , massive fraud, and terrorism
controverted
are clearly
not among
that ,ay be raised
Administrative
Law & Election
Law the
(Attyissues
Gallant
polling places
in a pre-proclamation
controversy.
They are proper
Soriano)
were canvassed,
grounds
for an
election
protest.
2S
2015-2016
Finals
Reviewer
the results of
which materially
affected the
standing of the
CHAPTER 12
ELECTION CONTESTS
JURISDICTION OVER ELECTION CONTESTS
POSITION
PRESIDENT / VICE-PRESIDENT
Supreme Court
SENATOR
REPRESENTATIVE
HR Electoral Tribunal
COMELEC
MUNICIPAL
BARANGAY
APPELATE JURISDICTION
COMELEC
DECISIONS OF COMELEC
SUPREME COURT
DECISIONS OF ELECTORAL
TRIBUNAL
SUPREME COURT
2. On grounds of fraud,
terrorism,
irregularities or illegal
acts committed
before, during or after
the casting and
counting of votes.
1. Filed by any
registered voter in the
constituency.
2. On grounds of
ineligibility or
disloyalty to the
Republic of the
Philippines.
AS TO BASIS
AS TO ISSUE
ELECTIVE OFFICE
APPOINTIVE OFFICE
CHAPTER 13
ELECTION OFFENSES
TWO ASPECTS OF AN ELECTION OFFENSE
1. CRIMINAL
ASPECT
2. ELECTORAL
ASPECT
ILUSTRATIVE CASE
FACTS:
Manuel C. Sunga- was one of the candidates for Mayor in Iguig, Cagayan, in
the 8 May 1995 elections. Ferdinand B. Trinidad, then incumbent mayor, was a
candidate for re-election in the same municipality.
Sunga- filed disqualification cases against Trinidad on various grounds (using
government vehicles, threats, intimidation, terrorism or other forms of coercion,
vote-buying).
COMELEC En Banc- approved and directed the filing of four (4) informartions
for various elections offenses with RTC Tuguegarao, Cagayan. The
disqualification casw, on the other hand, was referred to the COMELEC 2nd
Division for hearing.
Administrative Law & Election Law (Atty Gallant
Soriano)
2S 2015-2016 Finals Reviewer
HELD:
a.) an election offense has criminal as well as electoral aspects. Its criminal
aspect involves the ascertainment of the guilt or innocence of the accused
candidate.
b.)
Its electoral aspect, on the other hand, is a determination of
whether the offender should be disqualified from office. This is done
through an administrative proceeding which is summary in character and
requires only a clear preponderance of evidence.
ENUMERATION OF ELECTION OFFENSES
1. Vote-buying and
vote-selling.
3. Threats, intimidation,
use of fraudulent
device or other forms
of coercion
4. Appointment of new
employee.
5. Carrying of deadly
weapon within a
result of 100 meters
from precinct.
6. Transfer or detail of
government official/
employee without
Comelec approval
PEOPLE v. REYES
247 SCRA 328
FACTS:
MICP Customs Collector Buenaventura Maniego- assigned Customs
Operation Chief Jovencio Ebio to the office of the Deputy Collector for
Operations as Special Assistant.
Ebio- claimed that that his new assignment violated Comelec Resolution No.
2333 and Sec, 261 (h) of B.P. 881, the Omnibus Election Code, which prohibit
the transfer of any employee in the civil service 120 days before the May 11,
1992 synchronized national and local elections.
Trial Court- granted the motion to quash filed by Maniego and dismissed the
complaint.
HELD:
a) Section 261 (h) of B.P. Blg, 881 does not per se outlaw the transfer of
government officer or employee during election period if done to promote
efficiency in the government service.
b) Hence, Sec.2 of Resolution No. 233 provides that the Comelec that the
Comelec has to pass upon the reason for the proposed transfer or detail.
1. Jurisdiction over
election offenses.
2. Preferential disposition
of election offenses.