election law power point report

8/10/2019 Election law Power Point report

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Generally, it is the embodiment of the

popular will, the expression of thesovereign power of the people. In

common parlance, an election is the actof casting and receiving the ballots,counting them, and making the return.

The means by which the people choosetheir official for a definite and fixed periodand to whom they entrust for the timebeing the exercise of the powers of

government.


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PRIMARY PURPOSE of Election Law

is to prevent or at least minimize

election frauds.

To enable the electorate to choose the

men and women who would run theirgovernment, whether national,

provincial, city, municipal, or barangay.


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1. Regular Election Refers to an election participated in by

those who possess the right of suffrageand not disqualified by law and who are

registered voters.

2. Special Election When there is a failure of election on

the scheduled date of regular electionin a particular place or which is conductto fill up certain vacancies, as providedby law.


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3. Manual Election

manual/ mechanical casting/ voting, countingand canvassing stages which involves thefollowing:

a. Use of paper write in ballots during castingstage.

b. The direct reading and manual tallying of

voters in multiple copies of elections returns. c. The direct reading of election returns and

writing of results in multiple copies of Statementof Votes

d. The manual addition of results in SOVs and

the Certificaes of Canvass.


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4. Automated Election System (AES)

A system using appropriate

technology which has been

demonstrated in the voting, counting,consolidating, canvassing, and

transmission of election result, and

other electoral process.


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Election law should bereasonably and liberally construed toachieve their purposeto effectuate andsafeguard the will of the electorate in thechoice of their representatives. For theapplication of election law involves publicinterest and imposes upon theCommission on Elections and the courtsthe imperative duty to ascertain by allmeans within their command who is thereal candidate elected by the people.


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Art.11, Section 1 1987 Constitution

The Philippines is a democratic and

republican state. Sovereignty resides in

the people and all government authorityemanates from them.

A democratic and republican government

derives all its powers, directly or indirectly,

from the people at large. Its essence is

indirect rule. Actual sovereignty is

exercised by the people by means ofsuffra e.


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The right and obligation of qualified citizensto vote in the election of certain national andlocal officers of the government and in thedecision of public questions submitted to the

people.

Suffrage, or sometimes called PoliticalFranchise, is the civil right to vote, or the

exercise of that right.Suffrage is used to describe not only the legal

right to vote, but also to the practical questionof the opportunity to vote, which is sometimes

denied those who have a legal right.


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1. Natural Right Theory Suffrage is a natural and inherent right

of every person who is not qualified byreason of his own reprehensible

conduct of unfitness.

2. Social Expediency Suffrage is public office or

functionconferred upon the citizen forreasons of social expediency; conferredupon those who are fit and capable ofdischarging it.


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3. Tribal Theory It is a necessary attribute of membership in

the state.

4. Feudal Theory It is an adjunct of a particular status,

generally tenurial in character, vestedprivilege usually accompanying ownership ofland.

5. Ethical Theory

It is a necessary and essential means for thedevelopment of society.


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1. Suffrage is NOT a natural right Merely a privilege to be given or

withheld by the lawmaking power

subject to constitutional limitations.

2. Suffrage is a Political right

enables every citizen to participatein the process of government toassure that it derives it powers fromthe consent of the governed.


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a. Election Is the means by which the people choose

their officials for definite periods and to whomthey entrust, for the time being as theirrepresentatives, the exercise of powers ofgovernment. It involves the choice ofcandidate to public office by popular vote.

B. Plebiscite

Electoral process by which an initiative onthe Constitution is approved or rejected bythe people.


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C. Initiative Power of the people to propose

amendments to the Constitution or totpropose and enact legislations throughelection called for the purpose

3 System of Initiative

1. Initiative on Constitution2. Initiative in Statutes

3. Initiative in Local Legislation


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d. ReferendumPower of the electorate to approve or reject a

piece of legislation through an election calledfor the purpose.

a. Referendum on Statutesb. Referendum on Local law

e. Recall

The termination of official relationship of alocal elective public official for loss ofconfidence by the people prior to the end ofhis term of office


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Continuity of government and thepreservation and perpetuation of itsbenefits.

Two Fold

1. To enable the people to choose theirrepresentatives to dischargesovereign functions,

2. To determine their will upon suchsubmitted to them.


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Under Art. V, Sec. 1 of the 1987

Constitution, the right of suffrage may beexercised by all citizens of thePhilippines who are:

1. Not otherwise disqualified by law,

2. At least 18 years of age, and

3. Have resided in the Philippines for atleast 1 year, and in the place whereinthey propose to vote for at least 6months immediately preceding the

election.


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1. CitizenhipFilipino, this may be by birth or

naturalization

2. AgeMust be at least 18 at the time of the

election

3. ResidenceFor purposes of election law, residence

is synonymous with domicile.


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4. Literacy RequirementConstitution imposes no literacy

requirements; hence illiterates have

the right to vote.

5. Property requirement

Neither the constitution impose anyproperty requirement since propertyownership is not a test of individualcapacity.


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5. Formal educationIs no guarantee for good citizenship or

intelligent voting.

6. Sex.

No adequate or justifiable basis for

depriving women of equal votingrights.

7. Taxpaying Ability


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1. Persons sentenced by final judgmentto suffer imprisonment for not less

than 1 year

2. Persons adjudged by final judgmentof having committed any crime

involving disloyalty to the duly

constituted government.3. Insane or incompetent persons as

declared by competent authority.


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FACTS:

Private respondent Delfin filed a petition to amend theConstitution to extend the term limits of all government officials bypeoples initiative before the COMELEC. Petitioner filed a special civilaction of prohibition under Rule 65 in the SC to contradict Delfinassailing that Comelec has no jurisdiction to try the case and that

such RA 6735 an act on initiative and referendum does not have anenabling law to implement such amendment.

ISSUE:

WON the law intended to provide mechanism for peoplesinitiative is sufficient to amend the Constitution?

HELD;:The SC ruled in the negative. The law intended to providemechanism for peoples initiative is not sufficient. There is nosufficient enabling law to amend the Constitution by means ofpeoples initiative. RA 6735 is sufficient only for statutoryamendments and not on constitutional amendments.


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FACTS:

Petitioner filed a Certificate of Candidacy running asrepresentative in the First District of Leyte but privaterespondent Cirilo Montejo challenged the candidacy beforethe COMELEC by filing a petition for a cancellation anddisqualification by Romualdez-Marcos alleging that saidpetitioner did not meet the constitutional requirement forresidency. Private respondent contended that petitionerlacked the Constitutional requirement of 1 year residency forRepresentatives .The COMELEC ruled in favor of Montejoand disqualified the petitioner and then reversed its decision

to suspension because petitioner won the number of votes inthe election.

ISSUE:

WON petitioner lacked the constitutional requirement ofresidency in the First District of Leyte?


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HELD:

The SC ruled no. Petitioner possessed necessaryresidence qualifications. Residence is synonymous withdomicile for purposes of election law. It is the fact ofresidence and not a statement in the certificate of

candidacy which ought to be decisive in determiningWON an individual; has satisfied the Constitutionsresidency qualification requirement. To successfullyeffect change of domicile , a person must demonstrate ;

a. an actual removal or an actual change of domicile

b.a bona fide intention of abandoning the former place ofresidence and establishing a new one

c.acts which correspond with the purpose. Domicile includes the twin elements of:

- the fact of residing - orphysical presence in a fixed place.


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FACTS: Petitioner filed COC to the New 2nd legislative ditsrict of Makati as

Congressman with a residence qualification of 10 months. Mateo Bedon,then chairman of LAKAS party in Brgy. CEMBO, Makati filed a petitionbefore the COMELEC to disqualify thes aid petitioner on the ground that helacked residence qualification of 1 year. After a day, petitioner filed another

COC amending the first one with a residency in the constituency of 1 yearand 13 days together with an affidavit of contract of lease as evidence . TheCOMELEC by way of a Resolution dismissthe petition fordisqualification and declared Aquino eligible to run. Motion forreconsideration was filed by Bedon before the COMELEC en banc.Petitioner won the election, then , Bedon and Move Makati filed an AdCautelum to suspend the proclamation of Aquino. COMELEC en banc

suspendedt he proclamation of Aquino. Petitioner filed motion to lift order ofsuspension because COMELEC according to the petitioner has no more

jurisdiction in the said case and thatt he HRET has the proper jurisdiction.COMELEC en banc issued an answer to the motion for reconsideration filedby Bedon disqualifying the Aquino as Congressman because he did notpossess the necessary constitutional residency qualification andmade permanent his suspension and that the votes of remaining candidatesbe counted. Petitioner assailed the decision of COMELEC en banc by way


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ISSUE : WON petitioner has necessary residency qualification in relation to

property requirement?

HELD

: The SC ruled in the negative. Petitioner lacks necessary

residency qualification of 1 year. Residence is synonymous withdomicile. Petitioner is domiciled in Concepcion Tarlac. His affidavitof lease of contract as evidence cannot constitute as he isdomiciled in Makati. Therefore , petitioner is ineligible candidateand therefore disqualified. The place where a party actually orconstructively has his permanent home , where he no matter where

he may be found at any given time, eventually intends to return andremain , i.e, his domicile , is that to which the Constitutionrefers when it speaks of residence for the purpose of election law.The purpose of the law is to exclude strangers or newcomersunfamiliar with the needs of the community from taking advantageof favorable circumstances existing in that community for electoral

gain SC RULING: The instant petition was DISMISSED

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