ELECTION LAW

Election Law under Political Law and Public International Law

I. Introduction to Election Law

Election Law in the Philippines is a branch of Political Law that governs the processes, rules, and principles surrounding the conduct of elections, the rights and duties of voters, candidates, political parties, and election authorities. It ensures the free expression of the people's will in a democratic society, safeguarding their right to choose their leaders.

Election Law is primarily governed by the 1987 Philippine Constitution, Omnibus Election Code (Batas Pambansa Blg. 881), other pertinent statutes, and Commission on Elections (COMELEC) resolutions. The principles of Public International Law, particularly the right to suffrage and free elections under international human rights conventions, also play a supplementary role.

II. Constitutional Framework on Election Law

A. Right to Suffrage (Article V, 1987 Constitution)

  1. Definition: Suffrage is the right and obligation of citizens to vote in the election of officials and to participate in referenda and plebiscites.
  2. Scope:
    • It applies to all national, local, and sectoral elections, plebiscites, referenda, initiatives, and recall elections.
  3. Qualifications of Voters:
    • A citizen of the Philippines
    • At least eighteen (18) years of age
    • Resident of the Philippines for at least one year, and in the place where they propose to vote for at least six months.
  4. Disqualifications:
    • Those who have been sentenced to more than 18 months of imprisonment.
    • Those convicted of crimes involving disloyalty to the government or offenses involving moral turpitude unless restored to full civil rights.
  5. Non-Compulsory: Voting in the Philippines is not compulsory; it is voluntary but highly encouraged.

III. Legal Framework Governing Elections

A. Omnibus Election Code (Batas Pambansa Blg. 881)

  1. Nature and Scope:

    • The Omnibus Election Code consolidates and codifies all existing laws on elections in the Philippines.

  2. Election Period:

    • The election period is typically 90 days before the day of the election and ends 30 days after the day of the election.

  3. Prohibited Acts during the Election Period:

    • Gun Ban: The carrying of firearms and other deadly weapons is prohibited during the election period.
    • Transfer of employees in the civil service: The transfer of government employees is prohibited unless authorized by the COMELEC.
    • Appointment of new employees: No appointments or hiring of new employees is allowed in the government during the election period unless through exigent circumstances.

  4. Campaign Period:

    • 90 days before the election for national candidates (President, Vice-President, Senators).
    • 45 days for local elective positions.

  5. Voter Registration:

    • Voter registration must be done in accordance with the rules established by COMELEC. Registration is suspended 120 days before a regular election and 90 days before a special election.

  6. Candidates:

    • A candidate refers to any person aspiring for or seeking an elective public office who has filed their certificate of candidacy.
    • A candidate may only run for one office at a time.

  7. Campaigning:

    • Limits are imposed on campaign spending: ₱10 per voter for candidates for President and Vice-President, and ₱3 for other candidates.
    • The use of mass media, TV, and radio time is strictly regulated.
    • Public officials must resign from their office upon filing their certificates of candidacy, except for the President, Vice-President, Senators, and House Representatives.

B. Fair Election Practices Act (Republic Act No. 9006)

  • Ensures equal access to media, fair treatment, and proper regulation of electoral campaigning.
  • Regulates political advertisements to ensure they do not exceed allocated limits.
  • Requires political parties and candidates to file statements of contributions and expenditures within 30 days after the election.

C. Automated Election Law (Republic Act No. 8436 as amended by R.A. No. 9369)

  • Introduced automated elections in the Philippines to minimize human intervention and reduce fraud.
  • Precinct Count Optical Scan (PCOS) and Vote Counting Machines (VCMs) were introduced to process votes electronically.
  • Outlines COMELEC’s duties for the conduct of automated elections, such as digital signatures, random manual audits, and the transmission of results to servers.

IV. The Role of COMELEC

A. Constitutional Mandate

  1. Independence:

    • The COMELEC is an independent constitutional commission created under Article IX-C of the Constitution. It supervises all aspects of election law enforcement.

  2. Powers and Functions:

    • Enforce and administer all laws relative to the conduct of elections.
    • Decide all questions affecting elections, except those involving the right to vote.
    • Supervise elections and the registration of political parties, candidates, and organizations.
    • Investigate and prosecute violations of election laws.
    • Recommend measures to improve election laws.

  3. Judicial Review of COMELEC Decisions:

    • COMELEC's decisions may be reviewed by the Supreme Court via certiorari under Rule 65 of the Rules of Court when there is grave abuse of discretion.

V. Remedies and Legal Recourse

A. Election Contests and Protests

Election contests and protests may be brought before either the COMELEC, the Electoral Tribunals, or the courts, depending on the contested office.

  1. House of Representatives Electoral Tribunal (HRET):

    • Hears contests involving members of the House of Representatives.

  2. Senate Electoral Tribunal (SET):

    • Hears contests involving Senators.

  3. Presidential Electoral Tribunal (PET):

    • Hears protests involving the election of the President and Vice-President.

  4. COMELEC:

    • Hears protests involving regional, provincial, city, and municipal elections.
    • The Regional Trial Courts may also handle election protests involving municipal and barangay officials.

B. Pre-Proclamation Controversies

  1. Nature:

    • A pre-proclamation controversy refers to questions raised before the proclamation of winners in an election.

  2. Grounds:

    • Illegal composition or proceedings of the board of canvassers.
    • Illegal canvassing of votes.
    • Violation of election laws in canvassing.

C. Quo Warranto Petitions

  1. Grounds:
    • Filed to question the eligibility or qualifications of an elected official.
    • Must be filed within 10 days after the proclamation of the winning candidate.

D. Election Offenses and Penalties

  1. Election Offenses:

    • Vote-buying and vote-selling.
    • Threats or coercion to influence voting.
    • Fraudulent registration or multiple voting.
    • Unauthorized printing of ballots, altering results, or tampering with the automated system.

  2. Penalties:

    • Election offenses are punishable by imprisonment (not less than one year but not more than six years), disqualification from public office, and loss of the right to vote.

VI. International Standards on Elections

Election Law in the Philippines is aligned with international standards, particularly through the country's obligations under various international conventions and treaties, such as:

  1. Universal Declaration of Human Rights (UDHR):

    • Article 21 ensures that everyone has the right to take part in the government, either directly or through freely chosen representatives, and guarantees the right to free, fair, and periodic elections.

  2. International Covenant on Civil and Political Rights (ICCPR):

    • Ensures the right to participate in public affairs, vote, and be elected at genuine periodic elections that are free, fair, and by universal suffrage.

  3. ASEAN Human Rights Declaration:

    • Reflects the right of all citizens in ASEAN countries to participate in political and public life through free elections.

VII. Conclusion

Philippine Election Law, grounded in the Constitution, statutory laws, and international norms, plays a pivotal role in upholding democratic governance. The right to vote, the regulation of candidacies, the conduct of elections, and the adjudication of electoral disputes are fundamental elements that ensure the legitimacy and accountability of public officials in the Philippines. The COMELEC remains a key institution in enforcing election laws, maintaining the integrity of the electoral process, and safeguarding the right of the people to a genuine expression of their political will.

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login