Election Bar Notes

8/14/2019 Election Bar Notes

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ELECTION LAWBAR REVIEW NOTES

By ATTY. MEHOL K. SADAIN College of LawUniversity of the Philippines

CONSTITUTIONAL BACKGROUNDA republican democracy requires that the People as sovereign elect their leaders.

The Commission on Elections is an independent constitutional commission en!oys fiscal autonomy and possesses a

wide latitude of powers in the conduct of elections.

SUFFRAGE"uffrage is a privilege.#t is granted only to qualified $ilipinos who have registered as voters.%isqualification from registering and e&ercise of right to suffrage. '

Any person who has been sentenced by final !udgment to suffer imprisonment of not less than one year( suchpenalty not having been removed by plenary pardon or amnesty provided that )such person* shallautomatically reacquire the right to vote upon e&piration of + years from service of sentence.

Any person who has been ad!udged by final !udgment , of having committed any crime involving disloyalty tothe duly constituted government( such as rebellion( sedition( violation of firearms laws or any crime againstnational security( unless restored to his full civil and political rights in accordance with law( provided , )sameas above*

#nsane or incompetent persons declared as such by competent authority.-"ec. ( /.A. 0o. 1 123

#n addition Art. 4( "ec. of the Constitution declares that 5no literacy( property or other substantive requirements shallbe imposed on the e&ercise of suffrage.6

FUNCTIONS OF THE COMELEC The C78ELEC is an independent( constitutional body with administrative( legislative and !udicial or quasi9!udicialfunctions

The C78ELEC en!oys broad latitude of powers -necessary and incidental3 in the e&ercise of its functions.

ELECTION MODERNIZATION LAWS/.A. 0o. 1:;< -=une >( 22+3

0ation9wide demo of Computeri?ed Election "ystem and Pilot Testing in the 22< A/88 Elections/.A. 0o. 1;@< -%ecember ( 22>3

Automated Election "ystem in the 8ay ( 221 0ational and Local Elections and "ubsequent 0ational andLocal Elections

/.A. 0o. 2@3Amending /.A. 1;@


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means of a computer program( records voting data and ballot images( and transmits voting resultselectronically. )"ec. .1( /.A. 2@


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5The Court is mindful of the salutary goals that the respondent C78ELEC had envisioned in promulgating theassailed resolution( to wit $acilitating transparency in the process Ensuring the integrity of the results /educing election results manipulation Providing timely( fast and accurate information on election results Enabling the validation of its own official count and other counts aving an audit trail in its own account

%oubtless( these are laudable intentions. But the rule of law requires that even the best intentions must be carried within the parameters of the Constitution and the law.6

RO7UE 6. COMELEC & & & The Court( however( will not indulge in the presumption that nothing would go wrong( that a

successful automation election unmarred by fraud( violence( and liFe irregularities would be the orderof the moment on 8ay :( : :. 0either will it guarantee( as it cannot guarantee( the effectiveness ofthe voting machines and the integrity of the counting and consolidation software embedded in them.

That task belongs at the first instance to Comelec ( as part of its mandate to ensure clean and peacefulelections. This independent constitutional commission( it is true( possesses e&traordinary powers anden!oys a considerable latitude in the discharge of its functions.

ITF/ 6. COMELEC 5The Court does not( as indeed it cannot guarantee the success of the automation or the integrity of the

coming elections. #t is not the CourtJs function to actively ensure that the automation is successfullyimplemented or that the elections are made free of fraud( violence( terrorism and other threats to the sanctityof the ballot. This duty lies primarily with the C78ELEC.6 )%issent of =. Tinga*

)Information Technology Foundation of the Philippines, Ma. Corazon M. Akol, Miguel y, !duardo ". #opez, August C. #agman, $e% C. &rilon, Miguel "ilado, #ey 'alcedo and Manuel Alcuaz, (r. )s. Commission on!lections* C+M!#!C Chairman en-amin Abalos, 'r., C+M!#!C idding and A ard Committee Chairman!duardo &. Me-os and Members /ideon de /uzman, (ose F. albuena, #amberto P. #lamas and artolome Cruz,

(r.* Mega Pacific e'olutions, Inc., and Mega Pacific Consortium )D./. 0o. +2 @2( =anuary @( ::; H =une +(::+*

RESIDENCE RE7UIREMENTFERNANDEZ 6. HRET

50either do we see the fact that petitioner was only leasing a residence in "ta. /osa at the time of hiscandidacy as a barrier for him to run in that district. Certainly( the Constitution does not require acongressional candidate to be a property owner in the district where he seeFs to run but only that he residesin that district for at least a year prior to election day. To use ownership of property in the district as thedeterminative indicium of permanence of domicile or residence implies that only the landed can establishcompliance with the residency requirement. This Court would be( in effect( imposing a property requirement tothe right to hold public office( which property requirement would be unconstitutional.

5This case must be distinguished from A0uino ). C+M!#!C and &omino ). C+M!#!C ( where the disqualifiedcandidate was shown to be merely leasing a residence in the place where he sought to run for office. #n

A0uino and &omino ( there appeared to be no other material reason for the candidate to lease residentialproperty in the place where he filed his C7C( e&cept to fulfill the residency requirement under election laws.6

RESIDENCE RE7UIREMENTMITRA 6. COMELEC

5"pecifically( it was lost on the C78ELEC ma!ority -but not on the %issent3 that 8itra made definite( althoughincremental transfer moves( as shown by the undisputed business interests he has established in Aborlan in::1 by the lease of a dwelling where he established his base by the purchase of a lot for his permanenthome by his transfer of registration as a voter in 8arch ::2 and by the construction of a house all viewedagainst the bacFdrop of a bachelor /epresentative who spent most of his worFing hours in 8anila( who had awhole congressional district to taFe care of( and who was establishing at the same time his significantpresence in the whole Province of Palawan.6

MITRA 6. COMELECCOMELEC85 %99 o%c: ' i.e. ( the application of sub!ective non9legal standards and the gross misappreciation of theevidence ' is tainted with grave abuse of discretion( as the C78ELEC used wrong considerations and grossly misreadthe evidence in arriving at its conclusion. #n using sub!ective standards( the C78ELEC committed an act not otherwisewithin the contemplation of law on an evidentiary point that served as a ma!or basis for its conclusion in the case.


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Ie re!ect this suggested approach outright for the same reason we condemned the C78ELECJs use ofsub!ective non9legal standards. 8itraJs feed mill dwelling cannot be considered in isolation and separatelyfrom the circumstances of his transfer of residence( specifically( his expressed intent to transfer to a residenceoutside of Puerto Princesa City to maFe him eligible to run for a provincial position his preparatory movesstarting in early ::1 his initial transfer through a leased dwelling the purchase of a lot for his permanenthome and the construction of a house in this lot that( parenthetically( is ad!acent to the premises he leasedpending the completion of his house. These incremental moves do not offend reason at all( in the way thatthe C78ELECJs highly sub!ective non9legal standards do.

I' ;o4: FERNANDEZ < MITRA C%5e5... The respondents won the elections( in the case of $ernande?( by an overwhelming ma!ority )%octrine of the

8anifest Iill of the Electorate* The respondents were 07T strangers to their constituencies $ernande? having been Board 8ember -; th

%istrict3 and a 4ice Dovernor of the Province( and 8itra having been a Congressman of his %istrict. )%octrine of"ubstantial Ties to H $amiliarity with Constituents*

THREE0TERM LIMIT RULEALDOVINO 6. COMELEC

Strict adherence to the intent of the three-term limit rule demands that preventive suspension shouldnot be considered an interruption that allows an elective officials stay in office beyond three terms. A

preventive suspension cannot simply be a term interruption because the suspended official continues tostay in office although he is barred from exercising the functions and prerogatives of the office within

the suspension period. The best indicator of the suspended officials continuity in office is the absenceof a permanent replacement and the lack of the authority to appoint one since no vacancy exists.THE ELECTORAL /ROCESS

/egistration of 4oters Pre9Election PreparationGActivities 4oting Counting Canvassing Proclamation

CANVASSING Canvass Proceedings refers to the proceedings that involve the consolidation of precinct election

results at the municipal( city or district level district election results at the municipal or city levelmunicipal or city election results at the provincial level and provincial election results at the nationallevel( be it the C78ELEC or Congress.

#t also includes the formal proclamation of the election winners at the various canvass levels. /ule ("ec. .!( /es. 11:;. C78ELEC /ules of Procedure on %isputes in an AE" in connection with the 8ay :(: : Elections -8arch ( : :3*

CCS M%c:)'e Consolidation 8achine refers to the machine used at the canvass proceedings to consolidate precinct results(

municipal and city results( provincial results( as the case may be( for purposes of getting the total votes of allcandidates at a particular canvass level. /ule ( "ec. .F( /esolution 11:; -@G G : :3*

/ROCLAMATION The CC" 7perator shall generate the Consolidated Canvass /eport before generating and printing the C7C Denerate and print the Certificate of Canvass -C7C3

#f ALL EMPECTE% results have been received( generate and print the C7C )letter b mentions the 5ConsolidatedC7C6* #f not ALL EMPECTE% results are received( and there is no way for the untransmitted results to be transmitted

and the results therein will no longer affect the election in a particular position( the Board shall generate andprint the C7C B P7"#T#70.

#f there is 07 IA for the untransmitted results to be transmitted( and the said results 5will A$$ECT thestanding of the candidates in a particular position6( the Board shall( through the 0ational "upport Center-0"C3 5asF from the Commission authority to generate and print the certificate of canvass for that particularposition and to proclaim as winners the candidates whose standing are not affected by the lacFing results6.

)"ec. >.e( /esolution 0o. 11:2*


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LEGAL REMEDIES )' ELECTIONS /ED#"T/AT#70

#nclusionGE&clusion of 4oters Annulment of BooF of 4oters )List of 4oters*

$#L#0D 7$ C7C" Petition to %isqualify Petition to %eny %ue Course to or Cancel C7C Petition to %eclare as 0uisance Candidate )1uo 2arranto Petition( -available after proclamation3*

ELECT#70 P/7PE/ Postponement of Elections $ailure of Elections Pre9Proclamation Controversies Annulment of Proclamation Election Protest

REGISTRATION=INCLUSION < E>CLUSION OF VOTERS

"ec. @;. Petition for #nclusion. Any person whose application for registration has been disapproved or whosename has been stricFen out from the list( may file a petition )with the 8TC* to include his name in thepermanent list of voters, at any time( e&cept :+ days prior to a regular election or >+ days prior to a specialelection

"ec. @+. Petition for E&clusion. Any registered voters( representative of a pol. party or the Election 7fficer mayfile with the court a sworn petition for the e&clusion of a voter from the PL4( giving the name( address andprecinct number of the challenged voter at any time( e&cept :: days to a regular election and


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"ec. . Petition for Nuo Iarranto Any voter contesting the election of any regional( provincial( or cityofficial on the ground of ineligibility or of disloyalty to the /epublic of the Philippines may file a petition forquo warranto with the Electoral Contests Ad!udication %epartment.

"ec. . Period to file 8ay be filed within : days from the date of the proclamation of the respondent.

FILING OF COC5=/ETITION TO DENY DUE COURSE OR TO CANCEL

/ule @. "ec. . Iho may fileGgrounds Any citi?en of voting age( or any registered pol. party( organi?ation or

coalition( on the e&clusive ground that A0 8ATE/#AL /EP/E"E0TAT#70 contained therein as /ENU#/E% BLAI is $AL"E.

"ec. . Period to file Iithin + days after the last day for filing of C7Cs.& & &

"ec. ;. %elegation of reception of evidence To officials of the C78ELEC who are members of the Bar.

FILING OF COC5=NUISANCE CANDIDATE

/ule ;. "ec. . Drounds C7C was filed to put the election process in mocFery or disrepute or to cause

confusion among the voters by similarity of the names of candidates( or by other acts orcircumstances clearly demonstrating that the candidate has no bona fide intention to run for office(thus preventing a faithful determination of the true will of the electorate.

"ec. . Iho may file Any registered candidate for the same office( personally or through anauthori?ed representative )"ec. @*

LiFewise( Commission may motu proprio ( maFe the cancellation or denial or due course to the C7C atany time before the election.

ELECTION /RO/ER=/OST/ONEMENT OF ELECTION

"ec. +( 7EC. Postponement of Election. ' Ihen for any serious cause such as violence( terrorism( loss ordestruction of election paraphernalia or records( force ma!eure and other analogous causes of suchnature that the holding of free( orderly( honest( peaceful and credible election should becomeimpossible in any political subdivision( the Commission motu proprio or upon petition by any interestedparty( and after due notice and hearing, may postpone the election therein to a date which shall bereasonably close to the date of the election not held( suspended or which resulted in a failure ofelection( but not later than @: days after the cessation of the cause of such postponement orsuspension of the election or failure to elect.

)Also in "ec. ;( /A > "C/A ( the "upreme Court added 5that the cause of suchfailure of election should have been any of the following force ma!eure( violence( terrorism( fraud or otheranalogous cases.6 Thus( 5the mere fact that the transfer of polling place was not made in accordance with lawdoes not warrant a declaration of failure of election and annulment of the proclamation of the winning


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candidate( unless the number of uncast votes will affect the result of the election.6 Balindong v. C78ELEC( * and 'ison ). C+M!#!C ( @:; "C/A >:( ) 222*3

ELECTION /RO/ER=/RE0/ROCLAMATION CONTROVERSY

Art. MM( "ec. ; ( 7EC. ' %efinition.A pre9proclamation controversy refers to any question affecting the proceedings of the Board of Canvasserswhich may be raised by any candidate or any registered political party or coalition of pol. parties before theBoard or directly with the Commission , in relation to the preparation( transmission( receipt( custody andappreciation of election returns.

EFFECT OF FILING"ec. ;+( 7EC& & &

The Board of Canvassers shall not proclaim any candidate as winner unless authori?ed by the Commissionafter it has ruled on the ob!ections brought to it by the losing party( and any proclamation in violation thereofshall be void ab initio ( unless the contested election returns will not affect the result of the election.

ISSUES THAT MAY BE RAISED DURING THE CANVASS "ec. ;( /eso. 11:2. ssues that may be raised during the consolidation! canvass. 9#ssues affecting the

composition or proceedings of the Boards may be initiated by filing a verified petition before the Board ordirectly with the Commission.

#f the petition is filed directly with the Board( its decision may be appealed to the Commission within three-@3 days from issuance thereof. owever( if commenced directly with the Commission( the verified petitionshall be filed immediately when the board begins to act illegally( or at the time of the appointment of the

member of the board whose capacity to sit as such is ob!ected to. There shall be no pre9proclamation cases on issuesGcontroversies relating to the generation( printing(transmission( receipt and custody and appreciation of E/s or the C7Cs.

OLD /ROVISION= GROUNDS FOR /RE0/ROC "ec. ;@ of the 7EC allows the following to be raised in a pre9proclamation controversy

-a3 #llegal composition and proceedings of the B7C-b3 Election returns are incomplete( contain material discrepancies( appear to be tampered or falsified( orcontain discrepancies in the same returns or in other authentic copies thereof-c3 Election returns were prepared under duress( threats( coercion or intimidation( or they are obviouslymanufactured or not authentic and-d3 "ubstitute or fraudulent returns were canvassed( the results of which affect the standing of the aggrievedcandidates.

WHAT IS ILLEGAL COM/OSITION < ILLEGAL /ROCEEDING o 4:e BOC? /ule ; )/es. 11:;*

"ection . Illegal Composition of the oard of Can)assers. 3 There is illegal composition of the B7C when(among other similar circumstances( any of the members do not possess legal qualifications andappointments. The information technology capable person required to assist the B7C by /epublic Act 0o.2@


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b3 terrorismc3 lacF of sufficient notice to the members of the B7COsd3 #mproper venue.

BANAT 65. COMELECG.R. 1 @+$ A * 54 $ 2@@!

5#n Pimentel ### v. C78ELEC( we already discussed the implications of the amendments introduced by"ections @> and @1 to "ections + and @: of /A > ( 1( 2 and : of /epublic Act 0o. > ECUTION o 4:e COC5

The C7Cs are electronically transmitted and printed documents. The electronically transmitted and digitally signedC7Cs are the legal basis for canvass and proclamation.ence( in order to determine their authenticity and due e&ecution( the provisions of the Electronic Commerce Act andthe /ules on Electronic Evidence should be used.

R.A. No. + !2

ELECTRONIC COMMERCE ACT "ec. -a3 The electronic signature shall be authenticated by proof that a letter( character( number of other symbol inelectronic form representing the persons named in and attached to or logically associated with an electronic message(electronic document( or that the appropriate methodology or security procedures( when applicable( were employed oradopted by a person and e&ecuted or adopted by such person( with the intention of authenticating or approving anelectronic date message or electronic document.-b3 The electronic data message or electronic document shall be authenticated by proof that an appropriate securityprocedure( when applicable( was adopted and employed for the purpose of verifying the originator of an electronicdata message or electronic document( or detecting error or alteration in the communication( content or storage-thereof3 from a specific point( , using algorithm or codes( identifying words or numbers( encryptions( answers bacFor acFnowledgment procedures( or similar security devices.

ELECTRONIC 6. DIGITALSIGNATURE

#n the E9Commerce Act definition( a scanned handwritten signature( a typed name of the sender( the letter Mor even a dot or comma is actually considered an electronic signature.

"trictly speaFing( a digital signature is a technology specific signing method inherently offered by a technologycalled Public ey Cryptography.

)Albert P. %e La Cru?( A %igital "ignature Primer( 8ay :: *

WHAT DO WE MEAN BY DIGITALLY SIGNED8? /ule ( "ec. -f3 of "C /ules on Electronic Evidence


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, 5refers to an electronic document or electronic data message bearing a digital signature verified by thepublic Fey listed in a certificate6.

ELECTION /RO/ER=ELECTION /ROTEST/ule hereofc3 The petition is filed beyond the period prescribed in these rulesd3 The filing fee is not paid within the period for filing the election protest or petition for quo warranto ande3 #n case of protest where a cash deposit is required( the cash deposit is not paid within fifteen - +3 daysfrom the filing of the protest.


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