Election Laws | Monica Geller

PHILIPPINE ELECTION LAWS

Based on the Lectures and Outline of Atty. Jocelyn Valencia1 LAWS GOVERNING ELECTIONS

INTRODUCTION/ GENERAL PROVISIONS A. CONSTITUTIONAL PROVISIONS

 Article II, Section 1: Declaration of Principles

SOURCE OF POLITICAL POWER/ UNDERLIYING
PHILISOPHY:

o Section 1 (foundation of the democratic process),

Article II Sec. 1 of the Constitution: “The Philippines is a  SECTION 1. The Philippines is a democratic
republican state. Sovereignty resides in the people and all and republican State. Sovereignty resides in the
government authority emanates from them.” people and all government authority emanates
from them.

o Section 13 (vital role of the youth in nation building)

Q: why do we have elections?
 SECTION 13. The State recognizes the vital role
A: because we are a democratic and republican state. of the youth in nation-building and shall promote
Sovereignty resides in the people and all government authority and protect their physical, moral, spiritual,
emanates from them. intellectual, and social well-being. It shall
inculcate in the youth patriotism and nationalism,
and encourage their involvement in public and
Can extend to civic affairs.

1. plebiscite 

2. Referendum o Section 23 (state encourage non-governmental,

community-based or sectoral organization (party-list),
3. recall
 SECTION 23. The State shall encourage non-
governmental, community-based, or sectoral
organizations that promote the welfare of the
3 PHASES OF ELECTORAL PROCESS nation.

1. Pre election phase - all A. Filing of certificate of o Section 26 prohibition on political dynasties as may be
activities prior to election candidacy defined by law)

B. Registration of voters  SECTION 26. The State shall guarantee equal

access to opportunities for public service, and
C. Campaign prohibit political dynasties as may be defined by
law.
D. Registration/application

E. Printing of ballots
 Article III Bill of Rights –
F. Appointment of comelec
deputies

G. Establishment of precincts o Section 4 (freedom of speech and of expression);

and polling places
 SECTION 4. No law shall be passed abridging
Election H. the freedom of speech, of expression, or of the
press, or the right of the people peaceably to
Post election I. Counting assemble and petition the government for
redress of grievances.
J. Canvassing
o Section 5 (No religious test shall be required for the
K. Transmission of election
exercise of civil or political rights);
returns
o Section 8 (right to form associations for those employed in
L. Proclamation
public and private sectors);
M. Election protest
o Section 16 (speedy disposition of cases before all judicial
N. Quo warranto and QJ or administrative bodies)

 Article IV on Citizenship (qualification of candidates and

Sources of Election laws:
voters);
A. Constitutional provisions

B. Omnibus election code  Article V, Suffrage.

C. Local Government Code

 Article VI Legislative Department (composition of the

members of the HR, qualifications, term of office, party list,
1 The order of topics in the outline was modified minimally vacancy, composition of the HRET and SET;


 Election Laws | Monica Geller

 Article VII Executive Department (qualifications, term of  RA 7904 (An Act Governing the conduct of the 1995
office, limitations of term, manner of canvass and Senatorial and Local Elections;
proclamation, composition of the PET, vacancy;

 RA 7941 (Nov. 26, 1991) An act providing for the election

 Article IX-A (common provisions for constitutional offices) of party-list representatives through the party-list system;
&

 RA 8171 (1995) an act providing for repatriation of filipino

 Article IX- C: COMELEC (composition, powers and women who lost their citizenship by marriage to aliens
functions of the COMELEC, the body created by the
constitution to conduct any electoral exercise as well as
uphold and safeguard the integrity and sanctity of the
ballot in order to achieve its objective of holding an  RA 8189 (June 11, 1996 Voters Registration Act of 1996
honest, orderly peaceful free and credible elections); providing for the General Registration of Voters & Adopting
a System of Continuing Registration;

o Even if you are not 18, in view of the continuing

 Article X General provision on Local Government system of the registration, even if you are nto yet
(requirement for alteration of political boundaries); 18 as long as you will be 18 on the day of the
election .. as long as you’re 18 on the day of the
elections.
 Article XVI (General provisions) prohibition against
partisan political activities or prohibition on the
appointment or designation of a member of the armed  RA 8295 (June 6, 1997 Proclamation of Lone Candidate in
forces in the active service to a civilian position in the Special Elections);
government;

 RA 8436, An Act Authorizing the COMELEC to Use an

 Article XVII amendments or revisions to the constitution Automated System in the May 11, 1998 National and local
Elections and in subsequent National and Local Electoral
Exercises. (Sec. 11, impliedly repealed Sec. 67 of BP 881
being inconsistent with Sec. 11, which provides that
elective officials running for any office other than the one
B. OMNIBUS ELECTION CODE – BP 881 basic statutory he/she is holding in a permanent capacity, except for
law on elections President and VP, shall be deemed resigned only upon the
start of the campaign period corresponding to the position
a) RA 180 - revised election code, repealed for which he/she is running);
commonwealth act 357
o - Note: amended by RA 9006; subsequently
b) PD 1296 - election code of 1978; repealed revised amended by RA 9336
election code; repealed by BP 881 (Omnibus
election code)
 RA 8524 (Feb. 14, 1998 – An Act Changing the Term of
Office of Brgy. Officials and Members of the SK from 3
C. AMENDMENTS UNDER THE 1987 CONSTITUTION: years to 5 years amending Sec. 43 (c) of RA 7160, the
Local Government Code of 1991;

 RA 6646 (Electoral Reform Law of 1987). Sec. 2

thereof re-enacted the OEC when it provided that the  RA 9006 Feb. 12, 2001, An Act to Enhance the Holding of
“ first local elections under the new Constitution and FRECRE through Fair Election Practices. (Sec. 14 of RA
all subsequent elections and plebiscites shall be 9006 expressly repealed Sec. 67 of BP 881 and rendered
governed by this Act and by the provisions of the BP effective the provision of Sec. 11 of RA 8436 insofar as the
881, otherwise known as the OEC of the Philippines, applicability of Sec. 11 on the matter is concerned).
and other election laws not inconsistent with this Act;
o lifted the political ad ban
o the first electoral reform law of 1987

o Recognized that BP 881 is still the law on

elections (subject to certain amendments)  RA 9164 (March 19, 2002), An Act Providing for
always with the objective of holding Synchronized Barangay and SK. Elections, amending
HOPREFRECRE RA 7160, as amended.

 RA 6735 - act providing for a system of initiative and  RA 9189, An Act Providing for a System of Overseas
referendum Absentee Voting by Qualified Citizens of the Philippines
Abroad.

 RA 7160 - local government code (1991)

qualifications of local elective officials  RA 9225 (August 29, 2003), An Act Making the Citizenship
of Philippine Citizens who Acquire Foreign Citizenship
Permanent, Amending For the Purposes C.A. No. 63, as
amended
 RA 7166 (An Act which provided for the
synchronization of the National and Local Elections
of 1992;


 Election Laws | Monica Geller

 RA 9244 (February 19, 2004), An Act Eliminating the

Preparatory Recall Assembly as a Mode of Instituting
Recall of elective Government Officials.

 RA 9369 - automated election system law

Suffrage - The right and obligation of qualified citizens to vote in the
election of certain national and local officials and in the decision of
Popular intervention - thru mandate public questions submitted to the people. It is the bedrock of all
republican institutions.

The basic law on elections and these amendments are

designed to improve the law and to protect the integrity of
the elections in order to achieve the objective of holding an:
Suffrage is not a natural right but a privilege which may be
 HONEST, given or withheld by the lawmaking power subject to
constitutional limitations and granted only upon fulfillment of
 ORDERLY certain minimum conditions.

 PEACEFUL

 FREE AND A POLITICAL RIGHT. Not an absolute right because bound by

restrictions. A means where people express their sovereign
 CREDIBLE elections (HOPE-FRECRE). judgment. A duty in the nature of a public trust.

D. LOCAL GOVERNMENT CODE (RA 7160) Should be exercised with good faith and with zeal for the benefit of
the state.

RA 7160 The Local Government Code of 1991 for

Not limited to elections- may extend to iniitiative, referendum, recall.
1. Recall of local elective officials;

2. Qualifications and Disqualifications of elections of

local elective officials; Construction of Election Laws
3. Local initiative & referendum Section 3, Rule 1 of the comelec rules of procedure, election
contests are reasonably and liberally construed as it is imbued with
public interest to give way to the will of the electorate and ascertain
Applicability by all means the real candidate elected by the people.

 Shall govern all elections of public officers and, to the 1. Those which refer to the provisions for the conduct of election
extent appropriate, all referenda and plebiscite. (Section 2 which election officials are required to follow:
of the Omnibus Election Code)
a) Rules and regulations for conduct of elections are
 Further strengthened by Sec 2(1) of Art. IX-C, the mandatory before the election
Constitution empowers the COMELEC to “enforce and
administer all laws and regulations relative to the conduct
of an election, plebiscite, initiative, referendum and recall.”

 The COMELEC is mandated to apply the OEC and all

other statutes on the subject governing election laws.
(Section 36 of RA 7166).

Moya vs dela torre: republicanism is so far that it implies the

adoption of representative type of government necessarily
points to the franchise of teh pople as the source of of
authority.

Case of angel naval:

Character of a republican state

A representative government - ran for and by the

people. Essence of republicanism is representation and
renovation.

It is a selection by the citizenry of the corpse of public

missionaries who derived on their people and act of their behalf
after which they are replaced or retained.

Purpsoe of a republican government: promotion of

common welfare according to the will of the people themselves.

