Scribd
Upload
175 views3 pages

Overview of Philippine Election Law

This document outlines the key provisions in Philippine law governing elections. It discusses the Constitution and statutes that establish suffrage rights, the powers of the Commission on Elections, voter registration requirements, political party regulations, rules for party-list representation, candidate eligibility, the election period and process, campaign financing, and jurisdictions and offenses related to pre-election disputes and contests. Key topics covered include the composition of Comelec, registration of voters, registration of political parties, qualifications of candidates, election periods, balloting and canvassing procedures, and adjudication of election cases.

Uploaded by

Shantee Lasala
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
175 views3 pages

Overview of Philippine Election Law

This document outlines the key provisions in Philippine law governing elections. It discusses the Constitution and statutes that establish suffrage rights, the powers of the Commission on Elections, voter registration requirements, political party regulations, rules for party-list representation, candidate eligibility, the election period and process, campaign financing, and jurisdictions and offenses related to pre-election disputes and contests. Key topics covered include the composition of Comelec, registration of voters, registration of political parties, qualifications of candidates, election periods, balloting and canvassing procedures, and adjudication of election cases.

Uploaded by

Shantee Lasala
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

ELECTION LAW

I.
Introduction
A.
Suffrage
1987 Constitution
- Art. II, Sec. 1: Declaration of Principles and State Policies
- Art. IV, Sec. 2: Citizenship
- Art. V: Suffrage
- Art. Sec. VI, Secs. 3, 4, 5, 8, 9, 17 & 19: Legislative Department
- Art. VII, Secs. 2, 3, 4, 7-10: Executive Department
Cases:
- Faypon v. Quirino, G.R. No. L-7068, December 22, 1954
- Romuladez-Marcos vs. Commission on Elections, 248 SCRA 300 (1995)
- Jalosjos v. Comelec, 670 SCRA 572 (2012)
B.

Comelec

1987 Constitution
i. Composition
- Art. IX-C, Secs. 1, 3
ii. Powers
- Art. IX, Secs. 2, 3, 4, 5, 11
- R.A. No. 6646 (The Electoral Reforms Law of 1987), Secs. 29 & 30
- R.A. No. 6735 (The Initiative and Referendum Act), Secs. 6 & 8
II.

Registration of Voters

1987 Constitution
- Art. V, Secs. 1 - 2
- R.A. No. 8189 (The Voters Registration Act of 1996)
Cases
- Akbayan-Youth vs. Comelec, 355 SCRA 318
- Kabataan Party-List Representative Raymond V. Palatino et al. vs. Commission on Elections, 608 SCRA 248
- R.A. No. 9189 (The Overseas Absentee Voting Act), Secs. 4, 5, 7, 8
- R.A. No. 9225 (The Citizenship Retention and Re-acqusition Act), Sec. 5
III.

Political parties
1987 Constitution

- Art. IX-C, Secs. 5, 6, 7, 8


- B.P. Blg. 881 (The Omnibus Elections Code), Secs. 60 - 62
IV.

Party-List

1987 Constitution
- Art. VI, Sec. 5(2)

- Art. IX-C, Secs. 6 8


Cases
- Ang Bagong Bayani-OFW Labor Party vs. Commission on Elections, 359 SCRA 698
- BANAT vs. Commission on Elections, 586 SCRA 21
V.

Candidates

A.

Eligibility

1987 Constitution
- Art. VI, Secs. 3 & 6
- Art. VII, Secs. 2 & 3
- R.A. No. 7160 (The Local Government Code), Secs. 39 & 40
Cases
- Borja, Jr. vs. Commission on Elections, 295 SCRA 157
- Rivera III vs. Commission on Elections, 523 SCRA 41
- Dizon vs. Commission on Elections, 577 SCRA 589,
- Aldovino, Jr. vs. Commission on Elections, 609 SCRA 234
B.
Certificate of candidacy
- Quinto v. Comelec, G.R. No. 189698, Dec. 1, 2009
VI.

Election
A.
Election period

1987 Constitution
- Art. IX-C, Sec. 9
B.
Campaign period
- B.P. 881 (The Omnibus Elections Code), Sec. 3
- R.A. No. 9006 (The Fair Election Act)
C. Campaign Propaganda
- R.A. No. 9006 (The Fair Election Act), Secs. 6.6, 6.7, 6.8
D. Contributions and expenditures
- R.A. No. 7166 (Synchronization of National & Local Elections)
F. Precincts/polling places
- R.A. No. 8436, as amended by R.A. No. 9369 (Automated Election Law)
G. Board of Election Inspectors
- R.A. No. 8436, as amended by R.A. No. 9369 (Automated Election Law)
H. Watchers
- R.A. No. 8436, as amended by R.A. No. 9369 (Automated Election law)
I. Ballots
- R.A. No. 8436, as amended by R.A. No. 9369 (Automated Election Law)
J.Casting and counting of ballots
- R.A. No. 8436, as amended by R.A. No.9369
K. Election returns
- R.A. No. 8436, as amended by R.A. No. 9369

L. Canvass and proclamation


- R.A. No. 8436, as amended by R.A. No. 9369
M. Pre-proclamation controversies
i. Jurisdiction
- B.P. Blg. 881, Secs. 242, 243
N.

Election contests
i.
Jurisdiction

1987 Constitution,
- Art. VI, Sec. 17
- Art. IX-C, Sec. 2(2)
O. Election offenses
Jurisdiction
1987 Constitution, Art. IX-C, Sec. 2(6)
- B.P. Blg. 881, Secs. 261, 262
-

R.A. No. 8436 (The Automated Election Law), Sec. 29

Pre-mature campaigning
- R.A. No. 9369, Sec. 13
Cases
- Lanot v. Comelec, 507 SCRA 114
- Penera v. Comelec, 605 SCRA 574
Term Limit
Cases
- Rivera III vs. Commission on Elections, 523 SCRA 41
- Dizon vs. Commission on Elections, 577 SCRA 589
- Aldovino, Jr. vs. Commission on Elections, 609 SCRA 234

You might also like